davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1869-04-08
supfEm: COURT-GeasaAL TERN.
The Power of Removal Of Civil Causes from
the state to the United slates Court.

Before Judges Clerke, Ingraham and Peckham.
Pt Cooke, PiointtG and appellant, rs Tie state
Noftonot B1nk orBoSton, Defendant ana Respond
ent This action was removed for trial from The su.
preme Court OF this county, under the provisions of
the act of Congress OF March 2 1867. The suit was
commenced III March 1867. and the defendants after
answering aud after depostons OF witnesses on b0tn
sides had been taken, and on the OF the trial,
made application TO the Court at Special Term upon
which Judge Cardozo ordered the removal Of the
cause TO the United states Court. The plaintiff now
appeals from that order and claims that the de.
fendsnt having answered and TINS substituted
itself to the Jursdiction of the supreme Court OF this
state, was unable TO procure removal OF the cause
even f otherwise entitled under the act OF Congress
Of lsss and was thereby compelled TO resort 70 the
was based upon the ground that ''the corporation
defendant believed IRON that prejudice or To-
cal influences, 1t would not be able 10 OBJ
tain Justice in this court" The motion should
have been Denied because the act OF 1877
could not be invoked except in favor OF
not apply TO corporations, for the reasons before
stated and because corporation cannot 'beleven
swear, and the word me- a. used IN the act did
not include artificial bodies And it should have
been denied for the further reasons that no
afIldavit was presented to the court below 10
snow that the belief that an Inpartial trial
could not be had had any foundation: that
the AFFIDAVIT that the directors OF the corporation
believed" such TO be the case not q compliance
with the act which requires that the defendant must
swear that 'he" believes. the defendant in thus
case IL national bank, and IL not n citizen OF the
State OF Massachusetts or OF any other state They
are created by act or Congress- and citizenship OF
aIY particular stare cannot be conferred upon them.
IL was claimed on behalf OF the respondent tnat
the action l. coTdni Jadcs, and Is not now pend
ing IN this court, but - actually removed to and in
the Circuit Court OF the United states for the
Southern District OF New York and this court
II forbidden by the express language OF the statute
under which the removal was effected ''to proceed
further IN the SUIT To entertain this sui, would be
10 proceed further in the sutn or an sttempt to do
so; but the action OF the Court would I've mn yatorv
The prohibition OF the statute was final, denying Iu
risdiction 10 tins court even over the appeal.
Counsel for the respondent cited TO the Court the
opinion OF Judge Blatchford In the case OF risk Jr
w. The Union Pacific Railroad and the Credit NO.
bier OF America, az preliminary objection tn the
hearing OF the appeal but the Court reserved lrdg-
ment upon the objection rs well ~ upon tie 40.
peal. For tue appellant, iohn T.. Burr; toe re-
spondent, ex-Judge Sosson.
The New York herald., 1869-04-08
COURT oE GENERAL SESSIONS.

Before Recorder Hackctt
Assistant District Attorney Hutchings conducted
the prosecution yesterday.
FALSE PRETENCEs
Mary Gibson, against whom there were three In
dictments for obtaining money under false pre-
tences, pleaded guilty to charging her with ob.
tanning the sum Of $l4o, on the 18th Of December,
from Ernest Meiners, 1856 Lewis street. by fraudrl-
ienty representing that she owned real estate In
HARTFORD, valued at $4,000, and could not obtain
possession OF 1t until the necessary deeds were
signed, and that she required the above to pur
chase stamps. Believing these representations the
complainant accepted check drawn oy her for
$40 upon the Bulls Head Bank, for which Melners
gave her cash. 1t was subsequently discovered tnat
she kept no account IN thai bank.
As there were mitigating circumstances eX-Judge
stuart, who was her counsel, moved FOR postpone
ment of the sentence I'll iaSer IN the month. she
was remanded.
FORGERY.
Edward ManOux was tried and convicted OF for
gerry in the third degree, he having on the Sth OF
March attempted to pas. q check upon the Bulls
Head National Bank for $3.50, purportlng TO have
been signed by Alexander HOrnby. The paying
teller perceived ut once that the check fradueut
and handed the prisoner to the president OF the
bank. One OF the cashiers accompanied him down
town to see If the check was genulue, the accused
protesting That 1t was, ana when they arrived at
Beekman street Manoux jumped of the car.
Ger. when brought TO the station house he
gave the name of Peter Stone. The defence at
tempted TO show by the brother of the accused that
a man named Pell alias Williams gave hlm the
check in a restaurant. but the jury old not adopt
That theory. MIR. Hutchngs pressed for the cOnvic-
ton and PROMPT sentence OF ManOux AMI stated TO
the Recorder thai he believed The prisoner to BE- a
member OF gang OF iorgers in this city. His Honor
sentenced hiu 10 the State Prison for i've years.
ACQUIrTAiS.
Robert Shearer, who was charged with burglary
IN the third degree, and Edward Walsh indicted for
Obtaining two barrels of paint upon forged order
were acquitted there not beng any legal tes tmony
To sustain the Indictments.
THE ESCAPE OF KING, THE BOND ROBBER.
Among the indictments found by the Grand Jury
yesterday was one against John Moran, Il deputy
sheriff. Tor permitting George King, a convicted BOND
robber TO escape from his custody. District Ator-
ney Garvn was in court and earnestly urged on the
trial. his witnesses all being in attendance.
MIR. Anthon appeared for the defendant and asked
for postponement Of the trial till next week. on the
ground OF the absence OF q material witness.
The District Attorney renewed his motion and the
Court decided that the case would have To be tried
this Thursday morning. Mr.. Anthon retired from
the case, and the prisoner was directed TO obtain
other counsel.
The New York herald., 1869-04-08

cred the leasing to Joseph and demanded that he
fused, and thereupon the plaintins commenced an
action TO compel him, and In April 1868, oDlal
from Justice Card0z0 at Chambers an injuhcton
0rder, so called giving the possession OF the store 10
the paintifis and enoining Joseph ana the iessors
from preventing the plaintiffs taklns possession;
The plaintiffs therefore, about the 1st OF May, 1865
entered into forcibe possession and expended
several thousand dollars In the hitting up
although Joseph Stner paid the rent at the rate
or $4,000 per annum. Joseph Stner and the lessons
appealed from Justice CardozO's injunction order 10
tne General Term, where IL was reversed, Judge
Clerke delivering the opinion, In which ne SAID
Ie act relied upon for annulling the lease OF the
store No. 204 Greenwich street is one OF omission.
not OF commission. i cannot lind that Joseph did
anything afirmatlvefy to cause the mistake when
the plaintiffs endeayOr to correct by the Intervention
OF this court. He was guilty Of no deception.
when koe and HasbrOuck called on Joseph they told
him he was not the person who had called on them
said he knew the premises and wanted to lease the
same for q tea store. lie did not on that occasion
personate and assume to act for the plaintiffs nr
Joseph swears that he was not aware
OF any treaty on the part OF any one
else for this lease until several weeks after Its exc
cution and delivery. lie may have heard that the
paintins were desirOus OF procuring lease OF the
same premises, as 1t was well situated for the 6usi-
ness In which they were beth engaged and In which
they were competitors but this would scarcely war
rant an annument OF the ins rument At all events,
think the Judge ut Chambers was not warranted IN
and to put the plaintiffs III possession, as If they had
the best prtmG Joole legal rights decidedly think
tndt Tue presumption Is the Otner way, anu Inat
before any advantage 80 important as giving pos
session OF the premises TO the plalntins was allowed
that there should have been deliberate trial on the
issues at the Special Term for enumerated notions"
The Defendants after the decision OF the General
Term, and before the trial on the merits made
motion 70 compel the plainti to abandon and vacate
the possession and 1Or writ OF restitution, which
was granted by the entering OF an ordel on the 9th
inst, that the plaintiff vacate the premises and re-
store the POSSESSION to the defendants and that the
defendants have writ Of restitution.
1t remains TO be seen whether TINS interesting and
novel litigation viii terminate by the plantlK va
eating possession.
George over for plaintiff Adrance & Wood, John
@. Dimmick and Ira ShaferfOr defendants.
The New York herald., 1869-04-08


Tue SEVENTH REGIMENT CONCERT, which takes
oi the reunions which this regiment have made 50
deseryedly popular.
BANK CLERKs' MUTUAL BENEFIT AssocrArIoS-A
young man. nineteen years OF age, employed In one
of the savings banks, died very suddenly Few DAYS
ago having bat short time previously joined this
association and paid In dues TO the amount OF 81 5O
in consideration OF which his mother q widow with
two small chill iren, Will receive 5000.
THE IIIsTogIcN SOCIETY RESIGNATION or HAwrI,
TON FISH AS PRESIDENTIAL a meeting OF the New
YORK Historical Society held on Tuesday evening n
communi cation was received from Hamilton Fish
resigning the o1ice VI president OF the society In
consequence or his appointment 10 The Office of
secretary OF State OF the United states.
the AMERICAN CHURCH USToN.--A full choral ser.
vice Ia to takc place this morning, at eleven O'Clock
at the Church Of the TRANSFORMATION East Twenty.
ninth street. ny permission or the rector of Trinity
parish very large efficient choir from St Jonnis
chapel, one OF the Trinity churches, will be in At
tendance, under the direction OF Dr. James Pech
one Of the organists OF that parish. sermon is to
be preached before the society. very full attend
anee Of the clergy and laty is expected.
HIRAM POWERS, Tus AMERICAN sCuLproR-Ias,
evening Rev. W. II. Bellows, u. d., delivered lee
ture on this subject In All Souls church, corner OF
twentieth street and Fourth avenue, or rather he
rend from tue Journal OF gentleman who had sat
20 Powers In Rome the details OF various converse.
tons between the artist and his subject during A
number oi sutDgs In which tho great sculptor,s
views on different topics were elab0rately given 10.
gcther with q history OF his early career ana h,s
manly struggle into fame, &c. The audience
though small was highly respectable.
ARRIVAL OF GENERAL BuRros's RrxAtSs. Tn.
remains OF the lato Brevet Brigsdier General Henry
=. Burton arrived IN New York yesterday morning
from Newport, by the Fall River steamer. A mill
tary escort OF regulars, from Governors Island
were AZ the Jock awaiting the arrival. A. soon az
the passengers had landed the comm was tak on
ashore and placed IN hearsc, the troops forming m
hne ab0ut IL. The procession marched tbrough
htIrrny street 10 EtUanMav and Lhpure IN IA. N
sou River Railroad Iiepo 10 IbrtIcth street where
the body was placed on the cars for transportaion
inferred yesterday afternoon In the Acaaemica Of
Burying Ground.
The New York herald., 1869-04-08

the wagon OF Thomas DAILY OF ais Second avenue,
while It was standing In Chambers street. Az the
prisoner was found In possession Of the property
and had been seen to take the butter In company
with confederate, Justice Shandley committed him
for trial at the Special Sessions.
CHARGED WITH BURGLARY.-Two young men, CIV
ing their names as Thomas Walworth and John
Segur, were yesterday arraianed before Justice
Mansfield, at the Essex Market Police Court, ON y
charge OF burglary. The complainant, Mrs. Sarah
H. Nevins OF No. PSI Henry street. charges the
prisoners In company with another man not yet ar
rested with haVag entered her house on the 10Th or
March, by forcing open the blinds and windows or
the bathroom, and with having stolen jewelry and
valuables OF the total value OF S3O5. Mrs. Nevins
states that owing to information which she received
she had the room OF the prisoner Segur searched
terday and that she there found some OF the stolen
property. The other prisoner Is also charged with
being concerned In the robbery. Both men were
locked up to await examination.
RECOVERY OF STOLEN GOODs-CLEvER CAPTURE
OF BURGLARs.-OGicers Lyons and King, while on
the lookout for slippery characters in their district
yesterday morning. noticed two TRUNKS being con-
veyed upon truck. The appearance OF the trunks
aroused their suspicious and they followed the cart
INTO Franklin street. When opposite No. 10, IN that
thOr0ughiare. the carman stopped, and the Oifcers
took up positions TO await developments. After
waiting some time they asked the driver where he
was to deliver the goods and he said that the man
who hired him promised to meet him at No. 10
Franklin street. the oiicers at once supposed
the man had noticed them and had retreated; they
therefore instructed the driver TO drive to the Tenth
ward station mouse in Eldridge street. and when
arrived there the trunks were opened and found to
contain about 5000 worth OF dry goods which they
had no doubt were the proceeds OF some burglary.
The officers then ascertaned from the truckman that
ne had received the property at No. So Forsyth
street, and at once repaired there and arrested five
men who were found in the house, and VINO were all
well known to them as bad characters. When
taken to the station house the gave their
as Edward Thomas, John Santz Geo. Sheridan, ThOs.
Nolan and James Harper: Intelligence OF the arrest
was telegraphed to headquarters and in the after
noon gentleman, who applied there to inform the
authorities that his premises at SIS West Broadway
was sent to the Tenth precinct station house. He
identified the goods as part OF quantity OF dry
goods which were stolen from his premises by bur-
glars, who gained entrance by cutting their way
through the roof and descending the scuttle The
men were kept In custody and will be arraigned az
the TOmb5 on o charge of burglary.
The New York herald., 1869-04-08
COURT CAleNlAlS--TalS DAY.

SUPREME CougT-GENERAL TYRN-Balance OF pre-
ferred causes and enumerated. Nos. /, 9, 8, T. s.,
d, I, 8, o. TO-
SUPREME COURT-CIRCUIT-Part mo circuit
calendar. Part Mos. 1899. 1885, 14l6 1880
1900. 2l2, Ala, se2, &c., 164S 1885, llO4 1867, 625
9s9 145l. 1915, 1905, 1915, 172l.
SPECIAL TERM.-Demurrers, Nos 13 30: Issues OF
law and iact Nos l29, l5d 1885, no. 20s 209 30 212
2l3 2l4 2l5, 26, 217, 2is. 29 220 222 22a 22s 225
22G 227 Dos, 22 230, 23l, 232 233 23l 235 23G 237
23s 23e 2i0 al 242, 24J 244, 24j 246 2a7 CAS- 2i9
$50, 25l 252, 253.
CHAMBERs.-Reserved cases-Nos. 122, 125, 1885,
127 1il, 146 169 170 100, 1872 246 257 262 276 2Se
POI, 296, 307, sos, 800, 3l4 3l5; call 329.
SUPERIOR CoUI,T-TRIAL TEIN-part Mos. ,o5
877, Gs7 729 74y. 757. Part 2-NOs 752 s2s si2 sei
$50. Co.'S sl4, 424 476, s01 252, $780, CAS-, 652 ess.
MAXINE COURr-TRIAL TEaM.-Nos. 1919, 1862
2054, $780, 22s 23l3, $780, 25, 1851, 225s 227O 227
2274 2272 e2s3, 22s7 22sS, 1900 230 1902 2O3 1905
2.su6, 23iI, .3I7, 233g, 23i0. 23i1 23I3 23ll
The New York herald., 1869-04-08

Wheat was in moderate request prices lc
The ssies were about sS bushels At 81 a. .af
n for eha, II @ No. sp9s I'm II store q :. FOR DO deyersd for
Corn was steady, with moderate demand closing SIC
SIC Tor new mixed wes.er .e ior white Western and an &
% 1s s. o sgs. but ..saay Y 4 s sso a @ s in
ara 1ec. s1lc FOR railroad lots. Rye dull aud
ar Sales 500 bushels al s Tor TTesss g Is FOR Germa
and canada West on private terms Nal; dull and
GySSiFs Bag, were duh and nominal a. Issic. l7c.
Hors~The business was light, there being but little de-
H-nd but there was no change prices which ranged from
HEsrAn Kinds duil, but steady. at the following
soa s.a ios itas gold DE- S''' 'a's' 's' ''
no trsnsaetons Prices were nominal at the quotations
t2 do rosin 10 DO pitch and 900 DO tar with fa< arri
qie, The demand being rh and prices declined fey ic
per gallon, closing weak at tsse for merchantah'e
hghsr price The sA sales wsre 2O bbls =. ss|c:
Export aud he'd w hrnne.s at yeserday prieea In ,Se
other grades bat i,e business dope prices were
ss0 90 90 20 o. e, ~ g AZ sc DO DO at y 80 and s % No
sI.rs Wilmington neglected snd S a. quoted ted
oIrs Ln;sse though S qSs was steady and firm 81 Is
\, 81 es. p2s. 70 DO e.s ss
continued TO be light and bu, little transacted
ss9s1 sl Tor The sales were only about $50
bbs at so ~ S3l for mess 800 20 for old do
for Western prime There were sses OF so bbs now
FOR May delivery sSi w. sellers option Dressed
al ioic lie, arrivals Ana head Beef was s,ssdy
with sales O 20 Dbls sll *l5 plain mess and ai9
Ss ior .Itr- do Terce beef remained dun nominal at
aams isy arny held sles we're M made Of
5 , a9s s =, s ~ ~ Gu, s @..s we're more .ogsh. sr
lSc ls4e for dry sslted and picked shonder l5c for
sn2ssa aod oasgsd DO Bacon steady viii, sale.
Long and shon clear quoted al l7c. fc and Cum
demand and firmly held There Of 4J packages Al
Esc he. Tor No 10 priin. and rendered.
PETROLEUM Receipts 2tss bbls. refined. Crude IN huh
was only moderately dealt In the inquiry being leh and
lg,e pid and Ne asked There were sales 500 bbs al
lse., lmQ do FOR the balance Of this month si
refined TIE business moderate. Tbers was but uas
demsnd from any source. and With fair offerings the
T & .sa SSssd S.si ws fS,ns seo %1 a. TIE
June, ~ "a and 300 do. for May, 83.fc Naptha
a, as1 Ilees & were re- ,ntrey nonna In Phiadepha The
prices There were sass ~ iaCD bbs, for April al sa
2wO dos Tor May, Al SJSc and 600 do for May aud june
Rfcr. Osroins que but steady, a, former prices,
Aeoui lb terces common, In lots we're sod At SIC. A
market heavy yesterdays quotations. VIZ -iIsc A
a,c Tor ta good refining Cubs The ,aie. were 4sS
RcO, Barbadoe. and clarified D,insrarn Refined as dull
heavy AID gnseiu.di white prices somewha, lower
Ms 70 a. so, White, hac lt4c. yellow,
SgIDs-''1's were dull but held NJ yesterdays quota.
lions .acus nsted was brm at ~ 279s ~ 30 gold duty
srE.Risr The market qule,, but prices rendy
ranging ., run lsc TO sc Tor hhd aud erccs We heard
rilIow freely sought after At abou, former prices
the saes being s0,cov bs at " z. slitc.
prices saan lower There ,ms sales Of western
Al s2 Sc, iaT paid
The New York herald., 1869-04-08
SUPREME cuusT-spscIAl TERM.
Interesting Litigation Betwcen Rivni Tea
Hc"sc.-A Curious Mistake In store let.


Before Judge Clarke.
Jdcoo Htner e A. ". Joseph Yiner william q
Has,rotc6, Tson,1s H Roe et Gl.-The defendants.
Roe and iiasbroucs, who reside at Newburg Ia this
state, ~ agents aud parties interested had the
letting OF the store No. 2o4 Greenwich street n, thjs
city ana the plaintiffs and defendant Joseph sstner
we're potA shNious 70 procure a lease OF the same
lOr thc purpose OF tea store. These parties are
rivals IN business IN This city and In tine tea
trade, Joseph -tiber having seventeen drent stores
ana tue piaintns nearly an equal number About
JhnuarI ~ 1865, tue plaint " hgyin learned that
,ne es-Ots noe ana liash!ouck resided at Nswi,urr
vsitel that CITY an1 opened negOtat ous with them
Tor the renting Of the store. but no avreerneuf
was entered INTO, the lessons promising 40 call
on the plaintiffs wnen they came To New
York, IN reference 70 the sa,nc The n,,,n
tins lei card win Mr. Roe with their nrm
name Of Jacob ~tiner a Co., one of the1r niac.a
o business being ~ Nesey street and ono ~ he No.
fendants stores being 81 same street adlonno IN,
the 2pth January. 1865, Roe aud Haspouck cams tn
New fors Tor the purpose ~ letting the store No mi
Greenwich street. On thus occasion they entered the
store OF Joseph Stiner 81 Vesey street mist.tins N
for Jacob Stiner's store, ~ yesey street Ast,n :"
see Mr., stlner, they were directed 10 nls sfnr, on
Fulton street and were there iufrndnced tn NJ
ioSelh Stlner. they commenced couyerstpv x,t,
him upon tne subject oi the stone NO. 2Di traenvtch
street. Mr. Hasbrouck remarked that he was not
the man who was al Newburg. ana Joseph ansyered
that ne was not, that he did business on his own
account; that he knew the premises. ,hat
he desired TO get them, and mat ne vonid
take them on the terh- proppa.d. ana
subsequently lease was given him accora,,giy
Tue lesSOrs acting under the Impression thai iiiey
were leasing the premises 60 person repre esented
BY the individual who had called upon them nj New
burg lhe pisio,ins, Ia February following, dlscoy.
The New York herald., 1869-04-08

fREGHTs-rhe market continued to duI, and rates
were generally nominal The only engagemenis heard OF
were-To Glasgow steamer 100 bushels wheat at Id
TO Bremen icy hide tobacco, and LOO bb rosn private
terms 10 Anwerp o50 bags coffee at 25s % hhds
guia tobacco at Js TO Rotterdam so
a. ss The charters wereA bark with $500 rosin 10
Rotterdam (repored) at IS cd. Italian bark with 1850
bhls petroleum 70 Liverpool at I and small to the
Wndward at 81 cents, and back from Spanish Main pr
vate terms. - -
FLOUR AND GEAIS.Receipts, 59ss bbls. -four, I40 DO
meal 5 bushels wheat, II Se corn S27 do oats
and so do malt The tour market continued very dun and
Irregular, and prices were IN lower for extra
state tor export. We make change in quotations.
however though they somewhat, nominal. California
Hour remains dull and nominal. The were only about
40 bbs Southern -four sti dull, while prices were
nominal. The sales 200 bbs. -four was steady
with moderate demand the being 80 bbls Corn meal
wa In vail Sale
The New York herald., 1869-04-08
Half.pa.t Two o,CIock p.
STREET QUOTATIONS..
HaIf.past Five o,Ciock p. M.
West Cn Tel
y Y INnniral
COMMERCIAL REPORT.

WEDNESDAY, April 7-5 p. M.
CoFrEE-aio was stl sparingy offered, firmly held
at yesterdays quotations. though heard of no
Other kinds continued in demand and dm sales being
SUI bags Lasuayra at c currency bags ST. Domingo
for export to Antwerp private sale of cargo of
Java was rumored, bu; we could not trace 1t.
CoTToNFor this staple there active demand from
eIporers moderate inquiry spnners and specuatsrs
and the business large. Prices a shade rmer the
market closing quiet however The saes were baes
including sS5 Tor export, 5S for spinning and G5l specu
aiion For future delivery there bales low
middlng for April NJ 2sc, 100 at 27s We
append the closing quotations - "
The New York herald., 1869-04-08
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT couaJ-N BANKRUPTCY.
Proceedings Under tho Act After the Death of
bankrupt.
Before Judge Blatchford.

u nunAEUpts
Before Judge Blatchford
IN me matter or Mattte,o O'FarrsH ana Donfel
OFa'rei. MISUNDERSTANDING Blatchford gave his
opinion as folows:-Although the twelfth section OF
the act declares that II the debtor dies after the
suing OF the warrant the proceedings may be con-
tinued anu concluded in like manner rs II he had
lived, yet in view OF the fact that the provision Is
found in section which relates exclusively to pro-
ceedings TO appropriate the debtors property TO the
payment OF his debts and OF the further fact tnat If
the bankrupt Is dead he cannot apply under section
form No. ST. and cannot take and subscribe the oath
required by section 90 do not think that the word
proceedings" IN section twelve, can be held 20 dis
charge, unless there Is a compliance with the
quirements OF section twenty-nine In regard TO the
application for discharge and the oath.
The New York herald., 1869-04-08
REAL ESTATE MATTERS.

There was a very fair attendance at the auction
yesterday and the results Of the sales were ap-
parently satisfactory. Below give particulars of
the transactions, larger proportion OF which than
usual actual transfers. The tone of the market
Is firm, hut II Is without much speculative activity
The relaxation now daily expected OF the prevail
Ing great StrlnRency IN the money market Is looked
fOrw ard To 10 stimulate operations.