davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
SUPREME CoURT-spEClAL TERM.
The American Merchants Union Express
War.

War.
Before Judge Cardoz0.
Xcvicker Us. Ross, de-; Harris Us. Ross, DC;
Williams ps. Ross, Gc.-In re The Petition or de-, IN
Haskin us. Ross, de-; Fargo, de-, os. BadtchVord,
6c.-Judge Cardozo yesterday delivered IN the
above entitled case the following opinion on the
motion argued before him some three months ago to
vacate the order appointing William +. Allen re-
cevsr. and to appoint receiver In his stead:
OPINION
In the first three aoove entitled cases motion is
made to appoint q receiver OF the property or the
Merchants Union Express Company, ana In them
and In the matter fourthy above entitled am asked
TO remove Mr. william +. Allen from the position OF
receiver OF certain portion OF such property TO
which he was appointed by an order made In the
suit OF Haskin vs.. Ross &C. have concluded to
deny these applications except hereafter stated.
for the following reasonsI think that at this stage
OF the litigation the relief sought Is under the CIR
cumsances unnecessary for full protection OF the
plaintis, and would be needless hardship upon
some of the defendants. The amount OF dissentent
stock is quite lnconslderable In comparison with the
large amount OF stock which has acquiesced In the
agreement of consolidation, and while am OF the
opinion that dissenting shareholder in these Joint
stock c0mpani es ike reskriDs mariner IN an ordk
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
SUPERIOR COUnT-spEClAL TERM.

Pratt, the Alleged Texas Murderer and Bush.
rangcr-The Habeas Corpus Again Up-His
Release Opposed by the Deputy Keeper of
Ludlow Street Jail-Prntt Brought into
Court-InterestinR Discussion Between C0un-
sel-Opinion of the Cont Reserved and the
Prisoner Rcmnnded to the Custody of the
United States Marshal.
Before Judge McCuun.
The case of John Ii. Pratt the reputed Texan
murder or and bushranger, whose counsel seeks to
release him on habeas corpus from the LudlOw
street Jail, came up. pursuant to adjournment from
Saturday, at twelve O'Clock yesterday.
The prisoner Is charged in the warrant by virtue
of which he was arrested with having on the 4th
day of october 1863 within the State Of Texas and
within the limits and Jurisdiction Of the United
States committed the crime Of murder by forcing the
safeguard Of the United States troops the town OF
Jeersonvlle, In said state, and killing G. W. Smith,
Lewis Grant and Richard Stewart, and did then and
there, with others, commit the crime Of treason
against the United States, az ia fully set forth
in the complaint on file In the Office Of the United
States District Attorney.
THE PRISONER ORDERED INTO COURT.
On the case being called on. Mr.. Gardiner, deputy
keeper OF the Ludlow street establishment, read his
return to the writ showing that Pratt was held by
process of the United States and was not therefore
subject to the jurisdiction Of the state courts.
Judge McCunn-Where is the prisonerS
Mr.. Gardlner-He Is not present
Judge McCunn-I will listen to no report until you
get the prisoner here
Mr.. Gardlner-wons your Honor listen to my ex.
planatonP
Judge McCunn-Certafnly.
Mr.. Gardiner-By decision OF the Supreme Court
I am directed not to produce him.
Judge McCunn-I will listen to no excuse until the
no q hprpI WI
the sheriff to bring him here.
Counsel for Pratt-nabllty or sickness is the only
excuse which can be urged for hlslabsence.
Judge McCunn-That Is the only excuse Until
tho prisoner is brought here not one word Will hear
or permit TO be spoken on the part OF the govern
ment.
counsel for Pratt respectfully submit to your
Honor, In order that the facts may be fairly on re-
cord, that the respondent be permitted 10 read his
papers 10 the Court.
Mr.. Gardiner again read his return to the writ
Counsel for Pratt-Up0n that return the case has
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10

said that the whole point OF inquiry was whether the
United States Court has jurisdiction OF not III inc
caseY
Mr.. yanderpoel appearing for the custodian OF the
prisoner commended that the prisoner was legally
held by authority OF the United Sates tnat tue pea
set forth that the crime OF treason, one OF the acts
charged against the prisoner, was covered py the
PRESIDENTS proclamation OF paIdoh 10 pa, nass
charged, was not SO covered, as the treason mere
charged was committed in the year 1859 suosequent
to the issuance Of such proclamation. the treason
a a 1aS 'ns State guard and
murdered soldier. one OF said guard. .,vo,,.
Counsel for prisoner commended that the onence
treason was evyng war against the United STATES.
VIII the government counsel c0ntlnued) dlghiiy
riot with the appelaton OF treasons
Red battle stamps his foot and nation feels the shock
when man Is murdered in Texas.
MIR. PierrepOnt said ethe question mere was not
whether the prisoner was guilty OF murder OF OF
were arguing as II they had an Indictment before
them. The prisoner was lhere simply on q war
rant and upon the charge therein set Iortn ne was
undergoing examination before the commissioners.
The Court seeing that the discus ION was ilKey 10
De ntermnabe, II not cut short, said:-Let the PITS
oner be remanded to the custody OF the United
as presented to rue in day or two.
This closed the case. the counsel r0se the audience
vacated their seats the Marshals deputy took pos
session OF the prisoner and the crowd that filled the
Superior Court room hurried over to the Commits
epof' 70 ae s
State OF New York and the federal authority Of the
United States
THE CASE BEFORE COMMISSIONER osBoRN-ExAhI-
NATION ADJOURNED
1t was nearly five O'Clock before Pratt was brought
before Commissioner Osborn. Soon after he entered
the room he was followed by his counsel. Judge
Pierrepont soon made his appearance and stated
that, upon consultation WITH the counsel for the de-
PENDANT 1t was agreed 10 adjourn the hearing OF the
case 10 Thursday motion to that effect was made,
and the case was set down for that day at one
O'Clock.
REQUIsITIoN FOR THE PRIsONER-A TELEGRAM
FROM THE SECRETARY OF WAR.
While the application for the writ OF habeas corpus
was pending the District Attorney received tele-
should be held as General Reynolds had teegraphed
him that evidence against the prisoner was over
whelming. A requsitiOn 1t was stated would be
Immediately forwarded from Texas for the rendition
Of the prisoner.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
MILITARY INTELLIGENCE.
The Excursion of the Fifth Company, Seventh
Realueue.

Regiment.
This morning, at the bright and early hour Of half
past seven O'Clock the "Old Fifth" company. OF the
Seventh regiment, Captain Ryder will proceed on
an excursion to the Richmond Club grounds, New
Dorp, 9. l. The company will embark on the steamer
William Fletcher, which WAL land at the ,club
grounds In the afternoon the company will 90 to
1ottenville by special tran where they viii be done
Tor by the Manhattan Club In style which
there VIII certainly be no grumbing about On their
RETURN the command will land ct the foot OF West
Twenty-thrd street about eight O'Clock I'm the even
ing wnere VIII be received by the Fourth company,
capt. WIN. H. klpp which Will parade In full uniform
(white pants) roll call at the armory being seven
O'CLOCK IN the evening sharp The nOn-commssoned
stan ana members OF other companies IN the regi-
ment are invited by the Fourth company 10 partci.
pate in the reception. Twenty-tnir street viii be
brilliantly Illuminated In honor OF the Fifth aud
Prince Erie Is to lend the powerful aid OF his calcium
lights to make thinGs look lively on the occasion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
MISCELLANEOUS.
UNITED STATES COMMISSIONERS COURT.
The Washed Stamp Case.

Before commissioner OSBORN.
The United States Us. Thomas Barnard, Timothy
MurrdU ana James Ldird.-Defendants were
arrested on a charge of washing the cancellation
marks from old stamps and selling them for use again.
Barnard was discharged on the ground that there
was not sufficient evidence to hold him. When the
government had put In part of Its evidence against
the other two defendants, District Attorney Jackson
said that although there technical violation Of
the law, 1t was evidently mixed with ignorance OF
the statute aud was accompanied with no intent to
commit fraud, and that he would move that they
be discharged on the payment of the costs. The
Commissioner stated that If at that stage OF the case
they discharged they should be held liable Tor
the costs; but that II he concluded to discharge
them after the case was finally submitted, they
would of course 60 free OF costs. 1t was finally
defendants were accordingly discharged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10

AMANDA TAKING ELIsHA's DOLLARS Elisha
Sprague stands in danger OF having to pay the
damages Of $4,000 70 the sentimental Amanda
Craig oherlI Fiscner mas levied upon lots Nos. g. T.
8. o, 10 and ii In Fort Dearborn Addition except
four feet ON lot No. In the Illinois Central subdivi
sion OF the Sprague property and 1t Is advertised
sale on August ~. The very 'goists, where Elisha
sat indicting his loving eplstle to his "Amandy,"
ana whence he evoked the Divine blessing on thar
harts and soals,n are to be sold to meet the de-
mands OF "pOtlk, gustus.n That's enough 70 make
his arsplacen break out afresh. Probably he would
now be wnng. like his illustrious namesake or Old.
to 60 up In "a cnarryot " fire. r-Cnca00 Tribune.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
COLLISION ON THE HUDSON.

The steamboat st. John, Of the Peoples line
which lett here on saturday night for Albany, when
lust above the Highlands collided with vessel
laden with coal. The shock threw the passengers
out OF their berths and created quite excitement
their boat had sprung a leak; but the captain soon
Quoted them by assuring them that 1t was all right
1he collision was caused by the vessel negecting TO
display the proper lights.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
CITY INTELLIGENCE.

THE WEATHER YEsTERDAY.-The following record
will show the changes in the temperature for the
past twenty-four hours In comparison with the cor
responding day last year. indicated by the Their
mOmeter at Hudnuts pharmacy, HERALD Building,
BroadWay corner Of Ann street,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
SUPERIOR COURT.
Decisions.

Before Judge McCunn.
Elizabeth s. LNiestltGt 0s. James H. Kelly e. d.
Motion granted.
Henry N. Field Us. James STANDARDIZATION
granted.
Wiuia7n X, ,Sutger Us. Frederick Young ct dl.-MO-
ton granted without COSTS
Thomas order u.s. Alexander Muir ct aL-MOtiOn
granted
Tobias Hanna Us. Anton Krunshaar.- motion to
stay proceedings granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
NEW YORK HERALD TUESDAY AUGUST TO- lse9-TRIpLE

is alleged, they entered the place. The prisoners,
alter a partial investigation were committed for
further examination. Stein, 30 says ofncer IorDusn,
Is an old offender and generally known by the name
OF French LOUIS and also belongs TO Nose Erncks
gang.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
C0unT CALtNnAHS-THIS DAY,

MARINE CoURT.-Nos. S4I3, 341s. 1892, 3433, 3434,
3435, 1896.
SUPREME COURT-SPECIAL TERM-Nos. I, 8, 0, %,
49, 49, 49, So 81, 6s, 90 100 10l l24 1877, 12S, 1856,
1877, 13S, lac, 154, 157, 1913, 164. Can l69.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10
THE TAILORs, STRIKE.

Mass Meeting and Parade of tho "Strikers"
Yesterday-Three Thousand Men in Line
Music, Banners and Addresses-"Never
Knock Under'' the Motto.
Yesterday morning the German working tailors
now on strike in this city for increased rates OF
compensation, assembled at GerInana Hall, IN ave-
nue. A, and preceded by band Of music and with
the banners OF the various trade societies.
the "Stars and Stripes" the nag OF the German
Confederation, and number Of temporary
banners with notices inscribed thereon.
marched across town" TO Broadway and down
that thOroughfare TO Cortlandt street ferry There
they were met by the Newark, N. j., taiors, num-
boring about 400 thimbles, who formed IN the line
aud the procession then returned to the City Hall
Park, where q grand demonstration took place. The
procession embraced about 5000 men, comprising
all the New York city societies and associations
from Williamsburg and Brooklyn. number OF the
wives and children Of the strikers also took part In
the display, and the determination to
Strike for their affairs and their fires
Strike TIL the last armed foe expires
was very evident Among the notices on the BAN
ners were the following
Keine Sklaverle In Fine Frelen Lande. !
tho Slavery In Free Land.) )
"
a
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-10


presented TO the Court by counsel had application
whatever to the case here. He must have Jailed to
make himself understood by counsel on the other
prisoner here is fugitive from justice-is charged
with murder-and on communication made by the
authorities Of the United states among whom Is the
q warrant issued by Commissioner OF the United
States. An adjourned proceeding ls now before the
Inc Court was issued for bringing The party. here,
and perhaps the Commissioner might have thought
1t was not his duty to allow the prisoner
wr ~Ss the N @
a. ~' District Attorney e the tnnEns
the administration Of justice, the Marshal brought
the prisoner here. Isupposed that when the fact
was made known that ne was held under process
plete counsel on the other side would hardly think
worth while to make an argument in such condl-
ton of the case. suppose your Honor had prisoner
had issued habeas corpus to have that prisoner
brought before him. surely your Honor would not
have let the prisoner Cd, except as matter OF mere
sloner. He sent the prisoner here as an act
OF courtesy and propriety. Two judges could
not carry on an examination as to charge
time; but the writ Of the Court having
issued pending the adjournment OF the examination
Of the prisoner and being returnabe here at the
before the Commissioner, thought would dispose
OF the matter In proper and seemly way TO have
the prisoner brought here and the whole facts OF the
case submitted to your Hon0r's attention. IL may
turn out that the prisoner Will be discharged by the
Commissioner, but he did not think under any cir
cumstances the Court would deprive the Copms-
sioner OF his authority TO complete the examination
The Court-lf find that the Commissioner has
jurisdiction In the matter 1t will be my duty to re-
Counsel for the prisoner-we concede that your
Mr.. John Cochrane, on behalf Of the prisoner.
The Portland daily press., 1869-07-29
Notice of Foreclosure.

WHEREAS, James A.. Kicker, by mortgage dat
Nv ed the twentieth day Of September, A. ID. 1867,
situate near Woodtord's Corner, in westbrook, in
the County of Cumberland, and bounded as follows,
20 WI; Westerly py gn street n9rthsrlE by land
erly by land of said Racklef and southerIy by land
of George X. Kimba and Others being the same ties-
one dated May 1s, 1867, and recorded in Cumberland
Registry ofDeeds book 351, page $685. and the other
dated July 23, 1857, and recorded In said Registry,
book s5l, page 43S, to which records reference Is
made; and whereas, the condition OF said MORTGAGE
has been broken, hereby give notice that BY reason
June 28 1869. SAMUEL r. HOPKINS.
&W3 .28 Hsllas1 l3i9 III MA sI'-~-f-~
The Portland daily press., 1869-07-29
sherif's Sale.

CUMBERLAND, SIS. 4 ,,,I sa.,.s. ..... ,fste
TAKEN on execution and will be sold at public
i auction on Saturday, the fourteenth day OF Au.
gust, 1859. atte O'Clock in the iorenoon at the
Sherifs office In the city of Portland In said conn
ty all the right in equity which Phillip N. Sawyer 0
Portland, in said county, has had the twenty
thrddas OF March, A b 1869, at nine O'Clock and
twenty five minutes In the fo enoon being the time
Of the attachment OF the same in the action on which
the execution was obtained, to redeem the following
described parcel OF mortaaqed real estate, viz:
certain lot Of land. situated on the west side Of
erri Street. in said Porta d, and bounded as tdi
lows: Beginning the line OF the street at the north
corner OF land sold by Mary w. erril to Peter Ho-
gan thence running northward by the line OF be
street nifty feet and from these two points extending
westward, adjoining said Hogans land, and keeping
the same BREADTH sevepty-etaht feet more or less
to land sold by Lydia Merrill 10 John Haynes, by heI
deed OF March 20, 1850, recorded in Cumbei land
Registry OF Deeds, Book 223, page 1928. saSss's1
Dated OF Portland aforesaid the Sth day OF July,
ID, 1869. ---s... ~, s s.ss u
iulv14w3w28 A sS sk4sp7.s m GT5a f4E =
The Portland daily press., 1869-07-29

sherin,s sale.

CUMBERLAND, IS. ~ Il 49, - Z ,rnii .ll, :.
GEIZED on execution and win be sold at public
. auction on Saturday, the fourteenth day Of Al
gust, 1869. at ten o'clock In the forenoon AZ NE
ty. ain the right in equity which John w. Collins of
Portland, in said county has or had on the eighth
day of July 1869, at five o. locx in the aferno on
being the time OF the seizure OF the same on said ex
ecution to redeem the following described parcel Of
mortgaged real estate, with buildings thereon,
viz: I
certain lot OF land situated Larch street, nI-
on Munjoy In said Portland, and bounded as follows
Commencing upon The north -easterly side OF Larch
street. at point foot north Of the nortberly side
line OF the house formerly owned by saId Collins,
anu as 1t stood May 22d 1856 running thence north
sas.etly pa salel with said house it then Stood
; h;espng one loot from the side line thereof about
Az ,eet g the lot now or formerly owned by
tne homan Catholic Church; thence south-easterIy
uy saJ 10y ,nrty-one ieet TO a stake; thence south
t wiia the first line TO Iarch street
northerly by Larch street to he bonnds hesun
n.a =. pastiad na aaEM ~, ADAMS, Deputy Sheriff.
Ds''eu as ror''anu Tue SIN day OF July, 1863.
The Portland daily press., 1869-07-29
NOTICE.. ).
FOR SALE.

E0n0l oS Seasoned Pine s,dDs Deee b,aps Plank
$4,000 feet 2 in, in. in, and in Oak Plank.
Also Ship Knees, Oak Timber, and Shipping Lum'
Der, by L. TAYLOR,
may1Sdtf III Commercial st.
The Portland daily press., 1869-07-29
.snAgentsssi sssiWantedb. u.

date or within forty five days, neat and gO0t
Ia iitenement OF medium size. One situated In ;
quiet and pleasant part ef The city desired. Ad
dress box 1868, Poftland 70. ~ jnlyf2 dtf ~
The Portland daily press., 1869-07-29
Wantedl
/" oNE ESD.
wanted,

1BeasHi NlIA aI91 ilFlf---- 0zAI FFi1ldnOLrU
A, WOMAN who Is both good cook and laundless
n TO go about five miles OUT Of the city,. Apply at
The Portland daily press., 1869-07-29
BOARD.

TINW0 gentlemen be accommodated Mill, /.
Il pleasant ro0m and board in private familv az
20 Newbury ST., between India and Hancock. ~
July 21-dtw* rl9ti
The Portland daily press., 1869-07-29
Mills and Water-poWer for Sail

- sHSOA -P0WCN AUI OdI0s
A Rock CITY Fails n. Y..6 miles from Saratoga
mill, Wagon Shop Blacksmith Shop and large build.
ing lot, ali for $1,000 or divided to suit
Also; Avery desirable unimprovsd waterpower.
JUS above ne, and below two extensive psper-milis
Stream ample and durable. (The Kayaderosseras
which supplies many other mi Is Biood's Scytht
and Tool Works and the factories and mills at Balls.
ton.
$500 for first privilege, reserying surplus water
and one side for second power. Terms aceommo.
dating.
Rock City Falls, Saratoga Co.. N. X
je22-diaw&w1ms
The Portland daily press., 1869-07-29
F;9,e, DoI10ys ReaCGed

VXTlLL be paid Tor the detection OF any person
w concerned in setting fire to the grass aud un-
derbrush on nv property, on the westerly side
Bramhalps HILL d. B. BROWN.
may29tf
The Portland daily press., 1869-07-29
Wanted.l
51IzTW TWanfS.d.,'7i J

( aESTsnrJ. ssn fhsn Anasrisan' Khiitha.sI Ma
IA ehinet Price So. The simplest, cheapest and
best Knitting Machine ever inysntea Will knit 2o
agents. Address ,AAaERIC AN, IKNITTING MA
CHINE CO., Boston, Mass, or st. Louis, Mo-,
L May f9-d3m' u ~ ttsnyti7e SUNNI" sDiA''s
The Portland daily press., 1869-07-29
oFFICE OF THE


American Fish Hook and Needle 90
New Haven, CO., Aug. 10, 1868.
WE have appointed Messrs. JOKDAN q
w BLAKE, OF Portland, Me-, sole agents f0r
the SAFE OF our Hooks for the city of Portland, who
same terms as by us. y Flf77 y 7l7isF
Sept edit
The Portland daily press., 1869-07-29
Farm for Sale

~, A Farm consisting of one hun
AAa dred acres, cuts 90 tons Of hsy,with
agood wood-lot, good orchard two
:, - house all finished, barn 60 by o.
sad farm 4 situated near Cumberland Center, loo
Academy, Post Once one and half miles ses tres
Portland q kennebee Depot. Possession given
Enquire oil the subscriber on the premises
SEWALL BLANCHARD.
Cumpefiahu, May l4th, 1879. may20wtf
The Portland daily press., 1869-07-29

AT $50 CONGHEDS1 1T., RorainHzA,l Ae.
ANE OR TW0 active cam vassing agents (females
" preierfedl. In eachtoyninthe County OF Gum
berland, and with capital OF from veto
olars to sell novel and useful article. which is
wanted in every faInilyy and from whiehsa e0mpen-
satien from 500, to 5000 dollars per month can be
realized. S3sHhs i''Ay1 7HA june 29-lfm {.
Eiod .saidd8a baa Wanted.lsasn yd bssed9
A Wet Nurses to take charge Of Chi Two weeks
a old Best OF references required.
Apply at $50 Congress street, between the hours
of and P M. .s4s9gns 10 Ij2tdh nae
The Portland daily press., 1869-07-29
e watcIlcs, JeweIry, &c.

j. AMBROSE MERRILL. No. ls9 Middle Street.
J-w & H. II. McDUFFEE, cor. Middle & Union SITS
G. w. WlNGATE, Nos. III and 70 Midd's Street
EDWARD G. SWETT, a Middle ST., FOX BLOCK.
r. f. HILL, No. 81 Federal Street.
The Portland daily press., 1869-07-29
Soreness OF the Throat. chest and
80 IS, iaA '''sls Lasngs f .A'V' si-a'b'"
IN COsasas1npti0as,-

many care worn sufferer has found relief and today
reloices that her life has been made easy and pro-
lOnged by the use OF Goes Cough Balsan.
The New York herald., 1869-04-23
COUNTRY REAL ESTATE FOR SALE.

LII THAT ELEGANT GROUND, $50 FEET ON KINGS
~ bridge road f5 feet Macombs Dam road ,enira
avenue Park, kiDgsbridee Fordham landing &c
pot; rock, swamp, ready for Improvement
suitable for mansion, church, hotel or villa plots.
STANLEY DAY. !25 broadway.
The New York herald., 1869-04-23

THE EQUINOX HOUSE, MANCHESTER, VERMONT
Fifth Avenue Hotel.
New-York tribune., 1869-06-10

Olozaga, ex-Ministcr of Isabella and one Of
the shrewdest politicians in the Cortes, an
nounces his belief that the election OF king
for Spain is at this time impossible. Scuanos
Regency !or virtual Presidency is therefore a
foregone conclusion. and TO this extent the Re
publicans of the kingdom have gained a march
upon the Monarchists. The best chances for
the crown still belong to the Duke who fur
nished the powder to blow up the late establish
ment of royalty, but even Montpensiers chances
are not for a surety good. In the indecison Of
the Cortes as to a king, the Regency will present
something like firm ground-a basis whcrcon TO
erect either the Monarchy or the Republic 1t
is to be seen whether the Regency will be more
regal than republican; but so long as Spain re-
mains without a king, We apprchend that the
republic will be tolerable in proportion as the
regency is sufferable.