davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
"REDDi. The BLACKSMITH.

The Distinguished Fourth Warder mt the
''Bar''-The Jury Panel Exhausted-Novel
Objections to the Jurors Under Challenge.
Yesterday morning the large room OF the Court OF
General Sessions was densely crowded by persons
whose curiosity had been excited by The frequent
publication In the newspapers OF the case OF william
Marley, alias "Reddy" the Blacksmith, whose trial
was announced TO take place In this court. 1t win
be remembered that he IL charged with being imph-
Gated in assaultlng and robbing Lawrence Graham,
on the 2eth OF March. 1862 OF the sum
OF $500, at the saloon No. Chatham
square. Howard, who was jointly indicted.
was convicted and subsequently pardoned,
facts having been presented to the Governor after
The trlal, which established his innocence. man
named Brennan was also tried and convicted and
sent to the State Prison. where he has since died.
Recorder Racket presided. Assistant DistrfcS
Attorney Hutchings appeared for the people and
Mr.. William +. Howe for the prisoner.
MI. Hutchings stated that he was ready to pro-
ceed and the CLERK proceeded to empanel the jury.
Mr. Howe mterrogated each Juror as he was
called as to whether he had read the newspaper
accounts OF the occurrence and thus formed an
opinion as to the guilt or innocence OF the ac-
cused. Quite number OF them had, and were
therefore SET aside az incompetent. Two jurors
peremptOrlly challenged on the ground that they
the DEFENDANT belonged, and another youthful Teu-
tonic citizen was thought to be competent because
he was prejudlced against Fourth ward politicians
in general Alter considerable effort the following
gentlemen were sworn TO try the case:-- James j.
Lyons, William II. Bates, James III. Prescott william
III. Giidersleeve, Robert Roby, Jacob Hahn. Hugh
DOnnell Avery J. Smith.
The panel being exhausted and but eight eligible
Jurors obtained 1t was announced that $50 gentle
men were summoned for this morning, which would
enable the counsel to obtain four jurors whom he
may consider qualified to Try the case
On motion OF Mr.. Hutchngs Lawrence Graham,
the principal witness for the prosecution who Is
resident Of New Jersey was commllted 10 the House
OF Detention by the Recorder
Alter the usual caution TO the jurors sworn not to
allow any one TO approach them upon the subject OF
the trai, the court adjourned till this friday
morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
,urt reserved its decision.
SUPREME COURT--GeNEnhl Term.
Real Estate Confracts-Interesting Question
under the statute of Frauds.

Real Estate C0ntracts-Interesting Question
under the statute of Frauds.
Before Judges Mcneil, McCunn and Fithian.
Sglrester Brush, Appellant u.s. Lelcts s. Lecv,
RespOndent-Thls interesting case was tried before
Cnlef Justice Barbour Special Term. on the trial
OF the cause the following state OF facts appeared:
PLAINTIFF ana defendant agreed to bid on prop.
erty at the New York Exchange. The
defendant did the bidding the plaintiff asserting by
u nod to each bid as made. The property was pur-
chased for $50 coo, and day or two after plaintiff
rendered to deiepdaut ms check for his proportion
Gus agreement Defendant refused TO accept the
tender TO carry out the agreement, alleging as his
reason therefor that his wife objected to partner
ships In real estate. The purchase being deemed
contract. The suit was resisted on the ground
that the contract was void under the statute
Of fraud. On this state OF facts the court held
as conclusive OF law that there had been part per-
f0rmance within the meaning OF the statute; that
the defendant was seized Of an undivided half OF the
property az trustee for plaintiff and judgment was
accordingly rendered for o conveyance OF this Inter-
est TO him. From the judgment defendant appealed
to the General Term. His counsel commended on the
appeal, that the facts too Indefinite and vague
OF legal tender OF the money to be paid WAS not
warranted by the iacta, and that the agreement,
being for an interest In lands and not In writing,
was void under the statute OF frauds.
Counsel for respondents c0ntended that the statute
OF frauds could not be invoked shield TO punic
faith its object being the protection OF those who
but for the statute would be the dupes OF the design
ing in real estate and other matters OF moment and
she law from being imposed upon. ana not for the
prostitution or the law to help him to protect him.
self a. recusant from the performance OF his obi
cations. Decision reserved.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
THE NATIONAL Guard.

The Review Of the Second Division mt Pros.
pect Park Yesterday.
The review OF the Second division National Guard,
under command OF Major General Woodward. took
place yesterday at Prospect Park. There was an
immense attendance Of on the grounds
the various regiments passed were well 1lled with
spectators who turned out to do honor to the boys
in gray and the boys in blue. On the arrival OF the
Governor and his stan, who were very enthusl-
asticay received by the crowd, the review began
and was watched with great interest through
out by the large number OF militia and regular
elsewhere on the ground The division presented
a magnificent appearance, and every regiment
and Twenty-third were particularly excellent in
their marching. In fact, the entire Eleventh brigade,
Which y composed ns o. the TWENTY
howitzer battery, attracted the greatest attention
and was loudly appsuded in It's manIuvrlngs BY
same mistakes which were SO prominent IN the
review OF the First division on Wednesday also 0c-
saiut,nr OF the reviewing officer and the Keeping Of
proper distance between companies and company
ranks. IL would seem Judging from certain other
errors that were committed by two or three regiments
In approaching the reviewing stand, such as coming
from the right shoulder shift to the carry arms fully
three hundred yards before the stand was reached
even BY the bands which preceded them, that GER
tain OF the officers ost head" In the excitement or
the moment and forgot what they were about. one
OF the brigades failed to salute with their coiors
until the color guard mad passed the reviewing on-
Ger. There was thing that was quite plain dur
ing the review. and that the different rate OF
the marching OF several OF the regiments. several
OF them took short steps from the start and kept II
up till the end, while others, In making the exact
and correct steps, more than one had 10 lose their
distances on account OF the oeiect Oh their
brothers In arms. As whole however, the
review OF the division was an exceedingly line one,
and reelected great credit on the officers who have
had the handling OF the various regiments and
brigades composing IL during the past few years.
The majority OF the commands will compare fav0ra-
bly, With any one Of the oldest regiments the First
division, and more than one OF them might give the
crack corps OF New York city a little trouble In
championship contest. As the review yesterday was
the first one the division has made In two years.
Brooklyn was evidently determined to make the
most OF II, and the consequence was that greater
gathering assembled at Prospect Park to witness the
manGuvres than was ever seen there on any previ-
nua public OCCASION.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08

exploded. tearing one of his hands on besides IN
letting other severe bodily injuries. Although
amputatlon OF the shattered arm was subsequently
can survive.
ALLEGED CRIMINAL AssAULr.-0nicer Mccullough,
OF the Yonkers police arrested at that place yester
day fruit peddlsr named John sharer, living ct
Fordham, on q charge OF having attempted crimi-
nal assault on the person OF young woman named
Samantnay J. Johnson, living with her parents In
Kellinger street. Shalfer was taken before Police
Justice Atkins, when the complainant testified that
the accused had entered her lather's house. and ind
ing her alone, did lorcby attempt the outrage indi
Gated only desisting when her cries had brought
woman into the apartment. He was held In the sum
OF 81, 900 to await the action OF the Grand Jury.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
BROoKL YIN CITY.
TEE COURTS.
SUPREME COUNI-SpEclAL TERM.

Decree Set Aside In the Dalzell Divorce Suit.
Before Judge Tappan
augustus L. Dalseu us Emma Ddtzetl.-0n motion
OF the counsel for the plaintiff Judge Tappsn
ordered that the Judgment OF divorce granted in
this case In April last be set aside. ana the
plaintiff be ordered to pay defendant seventy
five dollars q week for support Of herself and
children and also $3.50 as counsel fees. II appears
from the report OF the referee Mr. :. v. Lowell that
the defendant was charged with committing adultery
Of the Belmont HOTEL New YORK, On the 9Th OF August
1865, with man named Henry Jones and also with
other men at other places unknown 70 the plaintiff
IL was also alleged that copies OF the proceedings
IN the case were served the defendant at the West
chester House. but no answer being made by her. tho
decree OF divorce was granted. This Ii Q brief
synopsis OF the legal proceedings which were all
Conducted In the privacy OF the referees ONCE. The
facts OF the case 1t 10 alleged that during the
whole time the suit was being prosecuted the defend
ant was in England, whittier she had gone pre-
vious to the date which 1t Is alleged that she
united adultery at the Belmont Hotel in New York.
The attorney who acted IN the case Ia known by she
following names:-"W. 7. Lamlng,u alias Nv. T.
Lanningr alias NV. T. Lanng,n alias Nv. T.
Laiming,n alias IN. T. Larningn and Messrs. Pray,
Kabel Pray are at present unable to find Out
where he is doing business, but believe 1t 10 in
California
The parties in the suit are OF high social standing.
ana MIR. Daizeil IL represented as owning very
large estate and engaged In business IN California
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08


year.
THE DEATH OF MRS. MILLBR.-CoroDer Schirmer
yesterday held an inquest at 20 Greenwich street
over the remains OF Mrs. Pauline Miller, whose death
has already been announced. The suspicious at nrst
entertained OF irregularities on the part OF the
attending physician were not confirmed. Mrs. Mil
Ter was properly treated and no blame IL attached 10
any one.
MEETING OF THE AMERICAN TNsTITUTE.-The regu-
lar monthly meeting Of the members comprising the
American Institute was held last evening In their
room at the Cooper Institute. Vice President Lou
tre IN tne chair. Some discussion arose on q reso-
luton, offered by the BOARD OF Managers suggesting
the propriety OF holding fair in the autumn OF
1870 Finally resolution TO the effect that the pre-
sent Board OF Managers have discretionary power to
make all preliminary arrangements for an exhl-
btion In 1870 was carriea and the proceedings ter
minated.
BOARD OF suPEavrsoRs-Thc Committee on
Annual Taxes met yesterday the object OF tho meet
ing being to hear the statements OF persons inter.
ested In the remission and reduction OF their
taxes. The ground upon which snch reduc-
ton OF remission was sought was chieay In
consequence OF absence from the city OF the appl.
cants OF the time tho ASSESSMENTS were made.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
A HORRIBLE STORY.
Lynch Law In Pennsyivaniu

shrewsbury York county. Pa. (0ct. A. correspond.
ence Philadelphia Age.l
on Wednesday, 2sth ult., Miss Relp, most est.
mable lady, sixty-hve years old, from the city OF
Baltimore visiting her friends some eight miles
southeast Of this place, was attacked by burv
young negro Jim Quinn, who after knocking her
down dragged her some distance into a woods near
at hand. She, by this time, some what recovered
from the blow, wrought to frenzy, resisted until
overpowered by the superior strength OF her assai-
ant. In the struggle her clothing was nearly ali
torn from her person, which the eilish end twisted
into ropes, and binding her hands and feet to diner
ent trees perpetrated his daboiical purposes.
Thus he left her, almost ifeless and twelterfng In
blood with view no doubt, OF seeking MS victlm
again at night. returned to ms work In an adjoining
cornAeld. After some four hours Of terrible agony,
Miss Rep succeeded In releasing herref and MADE
dead than alive, she told her horrible misfortuncs-
Mr.. Kirkwood Immediately proceeded to the 6ous8
OF Mr. Robinson, to whom the negro was IND tdtured,
and tor whom he was at the time at work. Tltey IN
negro still at work arrested him; ne denied his
guilt, but upon examination, mis- undergarments
were found saturated with the blood Of hia VIC
tim. He was confined In corn-crib until
Mr.. KirKwood could procure medical aid for the
lady, and an officer Into whose CUSTODY 10
place him. On returning, he found the william had
escaped After several days fTustess search he WAS
to-day arrested near this place. and upon being
fronted by persons who knew MIN confessed his
guilt He was placed In the custody OF officer Roser,
OF Baltimore county. Nd who started to take him
10 the jail Of that county, but on the arrival OF
the train az Whitehall station the cars were entered
by an exasperated body OF men, who overpowered
the officer, took the negro and hung the guilty
heiiisn crime. The lady so cruelty outraged lies in
a most critical condition and little hope u enter
talned Tor her recovery The foregoing Is plain,
unyarnahed tale, as told by the negro himself before
throughout the community. Men fear 10 allow their
wives or daughters 60 90 from home or even 10 re-
main at home without male protectors
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08

ROBBERY BY SNEAK-Sixty dollars worth Of
clothing was stolen from the residence Of Mr..
Joseph Kennedy No. 4s Prince street, by some sneak
thief yesterday.
BURGLARS AT WoRK.-Burglars got into the dry
goods store Of Mr.. John Holmes, 1ol Fulton street,
at an early hour yesterday morning and went to
work in the most energetic manner TO clear out the
most valuable portion OF the STOCK servant girl
In an adjoining house made noise and frightened
the thieves or thus saving Mr.. Holmes' goods.
A CONDUCTOR ACCIDENTALLY sHoT.-Yesterday
morning as Mr.. 81. G. Trumee, passenger on one OF
the DeKab avenue cars. was stepping from the plat
form revolver dropped from his pocket ana strik-
ing upon the hammer went OF. The ball from the
weapon lodged in the leg OF Albert F. Miller, con-
ductor or the car, causing painful though not dam
gerOus wound. Miller was take q to his home.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
QUARAyT,NE.
Practical End Of the scason-Wen Earned
Gratitude.

Practical End Of the ScasOn-WeII Earned
Gratitude.
On the first OF this month quarantine operation,
practically ceased in the lower bay. No cases of
sickness were remaining at that date either on
board the hospital ship Illinois in the hospital
building on the island. According to law quaran-
tine will terminate 1st Of November, but the cool
dlslnfectng fall breezes have already set In there
need be no Apprehension that any further cases of
fever will be introduced into this hnrbor for the
remainder of the year 1859. Still OF course the
necessary precautions will be Kept up until the
term S Sn nav seryn e o no nop
cradle time IN the lower pay, mas been overhauled
and thoroughly purified and now lies In the vicinity
OF the Atlantic dock, BrO0klyn snugy housed for the
winter and ready when the summer season rolls
round again 30 proceed once more on les dismal
duty to It's old anchorage in the lower bay. Should
any cases or sickness enter the bay between now
and the LIST Of November there is ample scc0mmo-
their easy treatment The Impression Is, however
that we have seen the end OF the unhealthy season
by comparison WIN ing pmo sSe ysns aais mas
cases OF yellow fever and smallpox have been much
moro numerous than in any year since 1868; but
ofiicers among whom DIR. kenneth Reid noDly
ngures, not q single instance OF contagion has
Staten Island not to speak Of this great swarming
metropolis. where, the seeds or yellow fever once
sown. no sk,il nor sanitary precaution could
least In 1858 Il was different. The con.
sternation that took possession Of the natives o.
Long Island and Staten Island when the tropical
epidemic found It's way In among them VIII long be
remembered. Hundreds OF deaths resulted and this
city was only saved from dcpopuaton by a special
interpositlon OF Providence. In the meantime tho
goes on for creating out OF the shoal water OF
the lower bay not far from the present hospital
foundation for second receptacle for patients, so
that BY the time quarantine Is proclaimed again
accommodation VIM be provided for nearly 1000
cases-a number which II Is out OF all likelihood VIII
ever be brought to this harbor at one time.
Lax dtrrr A hn Of
supreme Judicial Court now being held at Haver-
hill, NJ H., for Grafton county, the action OF John g.
Butler n Co., OF New York city, vs.. the town or
Northumberland, n. H.. was tried and verdict
rendered for the plaintiffs This was an action for
the recovery OF the amount or bill OF liquors sold
by the plaintiffs TO defendant through Dr. II. II.
WATSON town agent OF said town for the sale OF
spirituous and Intoxicating liquors The order Tor
said goods was solicited by the senior partner OF
said nrm and by him turned over 20 his nrm IN New
York. Tue Court ruled that the delivery OF said
liquors to the transportation company In New YORK
constituted sale In that place. and the ter loci con-
rdcfus governing the sale, Instructed the Jury 70
nnd for plaIntlfrs, which they did.-Boston Journal
oct. 9.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
SUPERIOR C0UaT-CHAMBERS.

The Alleged Assailants OF Brooks, the Phila-
delphia Revenue Detective, Reminded.
Before Judge McCnnn.
IN the Matter or James D0ugtlertp ana Hugh
Aarra-In this case, the particulars OF which
appeared in yesterdays HERALD. Judge McCunn
yesterday renamed all the prisoners, on the ground
that IL had been shown satisfactorily to him that
crime had been commtted; that under indictments
found for the crime proper c0mplainr had Deen
made against them In Philadelphia, and that the
aid the mandate from Governor HOFFMAN snow that
the prisoners iuYittves rom justice He eaid
except TO remand tho prisoners and discharge tho
writ.
The prisoners were then taken In charge by the
proper officers, who were directed to take them
forthwith to Phiadel pha.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
COURT CAitalAaS-THIs DAY.

COURT OF APPEALs.--B Before Chief Justice Ward
Hunt and full bench. Court opens Of ten O'Clock
A. M.Nos. 21o, 422 80 22a 2a0, 23l, 232, 2s3, 284
236, 236, 237, 238, 239. 240.
OYER AND TERMrNnR AND SUPREME CouRr-CR-
CUIT.-Part 1.-Before Judge 1ngraham. Court
opens at half past ten O'Clock A. M-ShOrt causes
Nos. 1878, 1863, ISL 1885, 20l $751; 300l $685. $685.
$780, 3229 1888, 1922 1885, $685. $685. $685. $685. 366
4693 4813 A815 4827 1895 4637 4789 4771 l776 ATT
1891 1885, 494 1901 $685. 505l $685. 6077 $780, $780,
$685. $685. 524. 6243 $685. $751; 6279 $685. $780, $685.
53l1 63l3 $685. $685. 5343 $685. 53ol $685. $685. $685.
1902 6673 500 BILL o737 $751; $780, bs01, $780, $751;
$3.50, 1871, 1857, 67sI, 1888.
SUPREME CoURT-CHAMBgRs.-Held by Judge Car
doza. Gail Of calendar at Twelve M-Nos. 20, ~, 81,
II, So SO, o. 103. no. liz, ll6 lis, 100 1926 126,
SUPREME CoURT--CIRcUIT-Par 2.-Before Judge
Sutherland. Court opens at halfpas ten O'Clock A.
M-Nos 23f2 2644, 2T3l, 1902 1885, 39iS, 5000, 1892
1885, $780, 34l2 $780, 354A 1858, 1902 1920 1884, 3S44
1905 4s24 $685. 47le 1906 4sls 1890 1922 4ss0 ASA
1885, 1885, 1874 4S7S 1892 1885, 4e1S 1878, SOLO, 50I6
1882 b054 $780, 501S. b0S2h, bi2S, 6i64 5l5s, 5l76
$685. 5222 5246 1922 1894 5312 $780, $780, $685. 5342
5346 $685. $780, $685. $685. 65O, $780, $780, 5e7S 5702
5TI2 5744 $685. 1884, 1884, $685. $685. 5s04 5170 54s4
55ls,s5776. 5226, 572S
SUPREME CoURT-SPECIAL TERM.--Defore Judge
Barnard Court opens at half past ten A. M.-De-
murrers, 81. Law and fact 1874, 164.
SUPERIOR CouRT-TRIAL rERM-Part Before
763 1047 23l 1003 1901, 1863 1885, 1867, 1851, 1063
1901, 1913, 1919, 1851. Part 2-Beforc Judge Fried
man. Court opeus at eleven A. M.-Nos. 10ss 1l24
ssa 11ss 1l52 1iS4 $780, ie2 1884 1iee, l1eS. NO.
MARINE COURT-TRfAL TBRM--Part 1.-Before
Judge Cross. Gall Of Calendar at ten A. M.--Nos
$780, $685. $685. 1884 1884 $685. 3704 $751; 377S 3797
3Ss3, 1891. 1897. Part i-BeforelJudge Curtis. Call
$780, $751; 8s72 3s73 $780, 1877, 1878, ss7s $751; 1882
1888.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
ceuaT or SESSIONS.

Before Judge Troy and Associate Justices.
Judge Troy sentenced Thomas Field, colored;
william Harris and Michael Mccarthy to the Kings
County Penitentiary yesterday, for committing
burglary the residence OF Mr.. Finley OF No. lO7
Gates avenue In July last. The term for which they
were assigned Is four years. eleven months and
twenty nine days.
william Payton and william watkins tboth Of
whom have already served q term In the Peniten-
tary were indicted for completely IN the above bur-
bing the house Of Mr.. Poole No 126 Henry street.
They received q sentence Of 6ve years for each
offence, making term OF ten years In the State
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
SUPREME COusT-spsClAl TERM.

Tho Gilman VIII Case-Connict Of Authority
Between the Courts Of Maincsand Those of
New York.
Before Judge Barnard.
George @. Perciral and Winthrop W. Gilman Us.
George y. Gilman, Ed,oard mcclellan ct ais.-TDis
Is . In equity In which the plaintitfs are seek
ing to restrain the defendants who are the heirs and
executors Of Nathaniel Gilman, deceased, from
prosecuting or continuing certain actions bearing
relation tho estate OF the deceased and the admins
traton of the same the Circuit Court OF the United
states and In the courts or the state OF Maine and
the estate under any ORDER Judgment decree made
In said action, and TO compel Johanna Gilman,
widow of deceased and Of the defendants to pay
judgment In such actions or under such pretended
orders.
1t appears that Nathaniel Gilman died In Decem-
ber 1869 leaving will dated April 10, 1853, with q
codct dated December 10, 1859, distributing an
estate. both real and personal. TO the amount OF
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
United STATES COMMISSIONERS COURT.
Withdrawal of IA Charge of Opening LIE,

Withdrawal of II Charge of Opening Letters.
Before Commissioner Belts.
The United States Us. solomon Akouna.-Defend-
ant Is an Arab. ana complaint was made against
him that he had opened letters addressed to Abraham
Kazinsky, his former partner. The case had been
MP before, but yesterday the complainant having
become satisfied that there no criminal intent
on the part OF the accused, withdrew the charge and
the defendant was discharged
Alleged Smuggling India Rubber Goods
The United States ps. Leonard H0rer.-Defend-
ant Is a manufacturer OF india rubber goods at
Brockville, Canada. He was arrested on charge
Of having at various times between tnesfall OF 1867
and the spring OF 1867, struggled his goods across
the frc2s.e~. lie gave bail IN $1,000 FOR examina-
ti0n.
The Alleged Abrnhams Embezziement Case.
Before Commissioner White.
The United states rs. j. r. Abrahans. defend
ant was arrested on the complaint of ii. B. Mat
teson, who charged him with embezzlng $1,000
Inc government not having Its witnesses ready the
case on consent Of the counsel for the defence
went over for TWO weeks.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-08
CITY INTELLIGENCE.

The WEATHER YR5TERDAY.-The following record
will snow the changes in the temperature for the
past twenty -four hours In comparison with the
responding day last year. a. 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, 1869-10-08

Numbers OF Jesuits have made their appearance IN
Waliacnia and Modavia, having large credie -
thor disposal Their intention appears 70 oe 70 pur'
chase property and open settlements.