davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1869-06-12

courts Of the city ana county Of New YORK."
and proceeded to say that this was
very important case-tho pioneer case Of q number
which were 20 follow; that Mr.. Justice Dowllrg
bad Tor some time back assumed to himself very
despotlc and arbitrary powers In clearing out men,
Ders OF the bar from his court the ground as he
had been informed that those lawyers were not
members OF that little 'ring" better known IN the
community as the .'rng OF Tombs lawyers" SO
far as he was concerned he had never had occasion
TO practice In any case before Justice Downing, Dut
had been present when cases tried before him.
In the present instance Mr.. Mcclellan young law
OF probity and position, had appeared at Special
Sessions to defend client, and Justice Bowling,
without assigning any cause, summarily ordered the
plaintin 10 leave the court room. Counsel thought
It was time that the Supreme Court should vindi-
cate It's own dignity by protecting Its officers IRON
insults and annoyances While engaged IN the per-
f0rmance OF thor duties. He hoped his Honor
would grant the order and establish a precedent.
Judge Ingraham said that the best course TO pur-
sue, in order TO have the thoroughly ventilated
was to present 1t in the form Of motion thus giving
the defendant notice. lie would suggest next Mon.
day week as the day when both sides could be
heard.
Mr.. Soteldo replied that he would adopt his Honor's
suggestion. He was anxious to have the case
thoroughly tested and sfted On the hearing OF that
motion II necessary, he would make pubic a lew
important facts connected with the "ring OF TomDs
lawyers" and endeavor to explain why none put
the members Of said 'ringn were treated courte-
ously at the Court Of Special Sessions
The New York herald., 1869-06-12
POLICE iyTELLIGEyCF.

RTsYisG OVER CHILD Tho driver Of O lager
beer wagon, who gave his name as John Kinck, was
srragned before Justice sbandley. at Essex Marke;
Police Court on q charge OF driving over child two
years old named Margaret Fink. at the corner Of
clinton and Rivngton streets The man was driving
at furious rate, and although persons called 70 him
TO stop he continued driving. The child was Knocked
down and the wheels OF the truck passed over its
body, innictlng injuries which II is thought will
prove fatal. The man was locked up 10 await The
result OF the injuries.
BURGLARY IN CANAL sTREBr--Two young men
named Edward Grayson and william Montgomery
were yesterday afternoon arrsigned before Justice
shandev, at Essex Market Police Court, on charge
OF burglary. The complainant, MFR. jeremiah II.
Creed stated that his liquor store, at No. 80 Canal
street, was entered last night and money wine and
cigars, TO the value OF eighty dollars stolen there
from. The burglars effected an entrance by forcing
open the store door, uncer Holly Lyons, OF the
Tenth precinct, arrested the men In company this
morning and found In possession OF Crays0n somo
wine and money, which were Identified by Mr. Creed
as his property. Both prisoners were held for eX-
animation.
JUVENILE PiLrEREn.-Danlel Sullivan, bright
looking lad. fourteen years OF age, was yesterday
morning arraigned before Alderman Conan at the
Tombs on the complaint Of his father, Denis Sulli-
van living at No SO Baxter street. IL alleged that
on Monday last Daniel took s2l7 in Treasury notes
from drawer OF his fathers bureau, and making
age proposed going on spree The matter was
duly considered aud the boys finally concluded 70
20 to Holyoke Mass, for which place
they left by the nrst conveyance. Mr. Sui
The New York herald., 1869-06-12
MARINE C1uaT--PAaT n.
The Casc of the Ship James Foster, Jr.-Ac-
tion by Passenger for Breach Oi Contract.
Before Judge Gross

The Casc of the Ship James Foster, Jr.-Ac-
tion by n Passenger for Breach al Contract.
Before Judge Gross
Mary Ann Bradley Us. Charles Marshall et al
This Is an action brought by the plaintiff passen-
ger by the ship James Foster, Jr, during the unor
tunate voyage made by that vessel in August and
September last from Liverpool to this city. All the
circumstances connected with the voyage referred
to-s long duration, the short supply Of provisions
ON board, the brutality OF the captain and officers
ana the sunerings and prvattons OF the nnfortu-
nate passengers are still fresh IN the recollec-
tion or all. and are at the present moment
the subject OF Investigation In criminal
suit In the United States Circuit in the city OF Brook
lyn. The whole matter Is again reopened In the
Marine Court. There have been no less than sixty
suits instituted the now before the court being
the pioneer and test suit for all.
The action is brought TO recover $500 damages on
the allegation that the defendants owners and pro-
prie0rs OF the ship James Foster, Jr.. did not fur
nsh to the defendant the stipulated quantity OF pro-
to New York, and that IN consequence thereof the
defendant was prostrated from sickness aud Ill
health
The plaintiff, through counsel applies to the Court
TO order q commission TO be issued TO examine cer-
tain witnesses In England, among others John i.
Bonch and Henley J. Edwards. tine inspectors under
the Passenger act that inspected the Foster before
she left Liverpool
The application for the commission Is opposed on
the ground that the action is not brought for non
compliance with the British Passenger act, but for
Judge Gross took the papers, and reserved hls de-
clsiOu.
The New York herald., 1869-06-12
SUPERIOR C0uaT--GsRERAL TERM.
Decisions.

Decisions.
Judges Monel McCunn and Freedman reversed
Judgment in the following cases, argued at the March
term 1907
Order sustaining demurrer to complaint reversed
with permission TO the defendants to apply at Spe-
cial Term for leave to withdraw demurrer, and to
answer. opinion by Justice Mcneil, concurrlng
opinion by Justice McCunn.
Constantine Us. Wdhe-Exceptions overrued ana
Judgment ordered for the plaintiff upon the verdict
Opinions by Justices McCunn and Freedman.
Quinn, Adntnist'ato,. &C., u.s. Lloyd.oJndgment
modified Opinion by Justice Monell Order to be
settled by Justice Mcneil.
Causes Heard April General Term, 1869.
Before Chief Justice Barbour and Justices Jones and
Donnelly cs. acknowledgement affirmed, with
costs. Opinion by Justice Jones.
Barker as. SaUage.-Judgment aflrmed with
costs. Opinion by Chief Justice Barbour.
solomon rs. The Central, Park North ana East
Rtter Rdtrodd Company Exceptions overruled
and Judgment on this verdict ordered for defendant
with costs. opinion by Justice Jones.
Peck u.s. kaaoI.-EXceptions oyerrued and iudg.
nd I0r 6v F,a on the verdict with
Ross u.s. VhtUetd. Judgment reversed and new
trial ordered, with costs, to abide the event.
Opinion by Chief Justice Barbour
MO01aey as. HUDSON Rtuer Railroad Company
Judgment affirmed Opinion OF the Court by Chief
Justice Barbour dissenting opinion by Justice Jones.
May General Term, 1869.
Before Chief Justice Barbour and Justices Fithian
and Freedman.
Smith IS. Coe-order denying plaintiffs motion
Opinion by Chief Justice Barbour.
NeiU6er7y cs. The Mayor, de-, oJ the City or Netc
FOTT.-Defendants motion for judgment denied.
Order dischargng complaint reversed; new trial
granted; costs to abide the event. Opinion by JUS
tice Flthian
MUS rs. Watson.-Judgment affirmed, with costs
Opinion by Justice Fithian.
Roe cs. Cruger.-Judgment affirmed, with costs.
Opinion by Justice Fithian.
Speyers Us. Ldnbert-Judgment ordered for plain
tiff upon the verdict with COSTS opinion by Justice
Freedman.
Bdtchter es. The Albany Ctv Insurance COM
panU.-Order appealed from confirmed. with ten
don ars costs Opinion by Justice Freedman.
The Boston SILK ana WOOiisn Mus Us. ErU de-
Order appealed from reversed with ten dollars COSTS
and decision OF the Clerk affirmed. Opinion by JUS
lice Freedman.
The New York herald., 1869-06-12
SUPREME Couar-spEClll Term.


wiiiam A. Norris e. a. Us. Heury H. kordnoe,
Imp;eaded, 6c.-Motion for stay denied without
costs.
AHn T.. TAYLOR rs. Henry Chamberlain. Motion
for attachment denied without costs.
william Price rs. LjHie i. Wheeler g. ot--Judg.
In he Nader or Henry A. NOT, et oi, Executor,
de- rs WIp L. Rdy.--Motion denied, without costs.
charles H Ronburn rss George d. AuVord.-Mo-
ton denied, without costs.
N1,1b0 a. reynolds rs. george L. ReVn0lds.-Re-
mort confirmed. Limited divorce granted; amony
s6o0 aud costs OF suit. No basis for extra allow
ance. - .,,-,.,
olLe,. cdses.-The defendant has order TO show
cause. No new order is needed. Let him get day
OF hearing changed, as to give him time to serve
it by the Justice who gave the order
Bernard Sheridan Ius fdtrlck Cd'liep.-That part
of answer setting up Jacksons lease stricken out
the plaintiff asks too much the striking out all the
amended answer. No costs.
Wdshingtoa IRON Works rs. Jdbez IT. F0uptdin.--
Motion to change place OF trial denied. Costs to
abide event.
EIneiine r. Tooker rs. Aneiid n cdpers et al,
6c,--Order for judgment granted.
Stephen N. Neyers cs. isaac Dell, ct dt-1nJuuction
granted.
John Kicker rs. John GrsasoA ana David ,.
The New York herald., 1869-06-12
BROOKLYN INTELLIGENCE.

A POCKET PIoKED.-A Mrs. Holmes, residing all
No. 1917 fort Greene place, while shopping on Fulton|
avenue, near Flatbush, yesterday, had her porte-|
monnaie stolen from her pocket. The wallet conf
tained fifteen dollars.
The TRUAsT HoME.--The Common Council COM
mittee on this subject have decided upon reportins
to the Board In favor OF purchasing the Adair site
which Is located in the Eighteenth ward for the new
Truant Home. The property thus about TO De ac-
CURED consists OF frame house ana @ iordgsx io's
BLASTING AccIDENT.-Ricaard McNay was In.
tured yesterday afternoon by the premature expo-
zion OF blast at the corner or South Second ana
Fourth streets. E. d. He was taken TO the dispcn-
sary and attended by Dr. Hardcastle, after when ne
was taken TO his home in North Tenth street BY tne
police. His Injuries are not OF serious nature.
THE NEW FIRE DEPARrMENr.-Yesterda for the
first time, steam fire engine drawn by horses made
its appearance on the public Streets indicative or
wnat is coming under the regime OF the new but
slowly moving Board OF Fire Commissioners. The
machine I'm question was that In use by PROTECTOR
Engine Company, No. g. located IN Pearl street. near
Concord. The horses attached to the engine are ~
fine condition. The company is not yet reorganized
FORMAL DIsBAHDMENT OF THE EASTERN Dis
TRIcr FIRE DEPARTMENTAL a meeting Of the
Board of Representatives OF the Eastern District
Fire Department held on Thursday night, Vice Pre-
sident Charles E. Curtis In the chair, resolutions
recognizing me PAID department were @ aaSpIed tns
widows and orphans amounting to over $2lO00I
were entrusted to the Board or Trustees, and me
Representatives adjourned sine die.
COMMITTED FoB THB GRAND JURY.-Wiilian1
Wood, very black man, was committed by Justicd
Delmar yesterday to await the action OF the Grand
Jury for stealing twenty-seven dollars from James
Hennessey, a white man, while they were botl1
drinking convIvially In liquor store In Warren
street.
George Rogers, young man. who was caught IN
the act OF entering an unoccupied house IN pachd
street, was also arrafgned for burglary, ana wal
dealt with as in Woods case.
The New York herald., 1869-06-12
MARINE C0UaT--pART |.
Secrets In the Millinery Business.
In

Ddpd Selling rs. s. IT, Addnls-The plaintiff sold
TO defendant his stock OF ribbons ana velvets Oc-
tober last and received in payment check for So
ana two notes amounting to $3.50, and shipped the
goods to Providence, II. l.. where the defendant
sides. Upon examining the goods defendant as
alleged, found that many pieces OF the most expen-
sive ribbons, which were sold full pieces. were
deficient in the stipulated quantity to the amount of
about 5000. Defendant subsequently refused to pay
the $780, when plaintiff consented to allow the
5000 the defendant then paid the So $50 In iul
settlement. Six months afterwards the plaintiff
brings this suit for alleged balance OF $500, which
he and his son and his brother-n-aw testified de-
fendant had promised to pay in addition to the
$3150.
Although the testimony OF the defendant was the
only evidence TO contradict these witnesses, Judge
Curtis determined that the surrounding circum-
stances confirmed defendants statement, and gave
judgment IN favor OF the defendant, with an extra
allowance OF costs. For plaintiff A. Blumenstiel;
for defendant, j. Soils Ritterban1.
The New York herald., 1869-06-12

on the 18th inst and that they had been ready every
time the case was called.
The Recorder denied motion TO ball the prisoners
OF this time but lntimated that II the complanan.
bail them.
The Grand Jury brought in large batch OF lndict,
ments upon which the prisoners were arfaigned anu
their trials set down for Monday.
Cathaf1ne Gardner, who was charged with steailng
eeventy-hve dollars worth OF household properly
from Mrs Elizabeth Gardner on the 21th OF May,
pleaded guilty TO petty larceny She was sent 10 the
Penitentary for six months.
Charles w. L0ew pleaded guilty to burglary In the
third degree. the charge being that on the 2sth OF
last month he broke into building on pier % North
river and stole box containing two dollars In
money, the property Of Spear & Carroll. He was
sent TO the State Prison for tnree years and SIX
months.
The New York herald., 1869-06-12
COURT OR GENERAL SESSIONS.
A Youthful Burglar sent to Sing Sing.
Before Recorder Hackett.


Before Recorder Hackett
Joseph Brown, an intelligent looking youth, was
tried and convicted OF burglary In the third degree.
II appeared from the testimony that on Saturday
night, May I, a pane Of glass was broken In the
window Of the store OF W. X. Peyton, 272 Bowery,
and silks and satins valued at saoo stolen. week
afterwards detective arrested q man named Smith,
who gave him some information which led TO the ar
rest OF Brown. When brought to the station house
he voluntarily confessed TO having committed the
burglary and stated that he sod the properly 10
man named Abrams for forty.nvo dollars. Inc al
legged receiver was arrested, but he denied that he
bought the property. The Jury believed the ofcer and
found Brown guilty. He was arralgned Tor sen'
tence aud an interesting cooquy took place De, ,
the prisoner OF the fact that year ago he pleaded
guilty TO an attempt at grand larceny under the
name OF Joseph Douglas, and that az the insugaton
or some or the prisoners friends and on account OF
his youth Judgment was suspended. As he had
abused the cemency OF the Court he was sentenced
upon the former plea TO imprisonment In the state
Prison Tor two years aud six months, and al he eX-
lar period upon the present conviction
John Cody was charged with stealing IowDoat
from Patrick Collins, on the 18th OF April. the Jury
failed 10 egree and discharged from the lurtner
consideration OF the case. Mr.. Hutchings consented
TO the discharge or the defendant.
The case OF James Mcconnell and John Roach,
charged with larceny from the person, was com
inented upon by the Recorder He SAID that when
the prisoners were arraigned upon the cnarge some
months ago they succeeded In having the trial post
poned, having stated that they had employed certain
distinguished lawyers to defend them. Some parties
had succeeded IN spritinq the complainant away,
anu IL appeared that his attendance could not be
procured. Hts Honor said that he meant that those
men should be tried.
Counsel FOR the prisoners stated that the case was
positively set down for trial that day. that an i
porthht WITNESS i0r The defence would leaye tne CITY
The New York herald., 1869-06-12
N the ORIGINAL PACKAGE.

II was rumored about town yesterday that thel
Collector or Internal Revenue for the Thirty y-secon
district had caused to be promulgated an unwrtteul
order 10 the effect that for the future retail venlers
OF cigars. whether OF foreign or domestic manufac
ture, must sell from the "original PACKAGE and
further that the box when exhausted OF its|
origlnal" contents, must be destroyed. Dealers inI
manufactured tobacco think the new rule exceed
ngly absurd and unable to find how the strictes
compliance with 1t can add to the revenues
particularly as the Original packagesr are 'ex-
csed" before they pass into the hands OF the re-
tailers or their customers. With many tobacconis
II has been the custom to keep fancfuny prepared
boxes for the showcases aud when the cigars in|
them ran low TO replensh from the trade s.pack
ages.u But should the new order be enforced all
this must be put aside and when Original cedar
IS sold out lt must be smashed or made nrewood|
of-so that there may be no possibility or selling to|
smokers, aud 10 is 10 be presumed chewers. frol|
anything that has not the "orlgnar' sign manual.
'stamp and seari upon It. The only real hurt 10 re-
tacrs the new rule can eject s TO deprive them OF
the boxes, which useful TO the trade, lnasmucn
rs they serve to ornament shelves that would bel
otherwise empty, or else require largerI
capital 10 fill them, and that without hope Of
immediate return. Dealers In tobacco may complain
OF pecuniary loss and unnecessary trouble which
the reinforcement OF the new order may indct; but|
overlooking these little facts they can congratulate
themselves In the assurance that the damage and in
convenience thus indicted will benefit another@
branch or business, namely dealers In cedar woodI
and makers OF cigar boxes And, when we consider
empted by consumers OF cigars In this district the
addition to the trade IN the making OF them Will not1
be tri1ing. There is little doubt that the national
treasury is seriously derauded by those who are en-
gagged IN the tobacco business-not SO much So per
haps as IL Is by those who constitute that powerful
and defiant organization "the whiskey Ring;r bur
the swndling cannot he wholly laid af the doora or
the yenders, who In good fat, buy from the manu.
facturers, ana without thought OF defrauding the
government its officers sell honestly fair article
70 their customers at reasonable profit. sun, per-
haps it Is Just as well that the Collector should
have his way In this matter The consumers in the
long run are the ones that will he the sufferers.
Hitherto they have had TO pay for the cigars they
smoked, but hereafter not only the cigars but inc
cost OF the boxes that ore to be broken up and made
fire wood OF will come out Of their pockets. SO we
oil see that, IN the long run. that great beast OF bur
den the longeared public Will have to carry ON bis
back not only the tax OF the tobacco but the arpre
gate loss IN the destruction OF so much cedar tax
put VI lines OF the trade.
The New York herald., 1869-06-12
UNITED STATES COMMISSIONERS COURT.
Alleged Bankrupt Frauds.


Before Commissioner Belts.
The United States Us. Ledutu Phillips In this
case an indictment had been found by the Grand
Jury at Hartford Conn.,, charging the accused with
secreting property to the amount OF $4,000 and
frauaulently emitting the same amount from their
schedule fled in their voluntary bankruptcy.
The baAkrupts left Hartford and were arrested In
this city upon bench warrant issued by Judge
Shipman. An application was now made to bail the
accused, and Mr.. Edwin James, their counsel, pro-
dnced communication from Judge Shipman stating
that were the before him he should require bail
to the amount OF $4,000 each In good sureties.
The Commissioner acted upon this statement and
bail to the amount OF S. 600 having been given and
approved to appear on the trial OF the Indictment,
the Commissioner ordered their discharge.
Edwin James and j. Joachimssen for the bank
Supts. Mr.. Bell for the government.
Alleged Forgery by II Bounty Clerk.
Before Commissioner Osborn.
The United States Us. John f.. Mead.-The de-
fendant Is charged ON the afhdavit OF one william
Watts an exmember Of the First New YORK volun
teer Engineers, with having got illegal possession OF
q check duly issued by the Treasury Department.
numbered 1886, on the 18th November, and sent by
mail addressed to Reuben Vase, who held Watts
power OF attorney for the collection or his bounty.
Is Is charged that defendant got possession OF the
check; that he forged Watts name to it and pro-
cured payment OF IL from the Assistant Treasurer.
The d dsiendant is held for examination
The New York herald., 1869-06-12
ANOTHER MYSTERIOUS MuaDER.

An Army Ohlcer the victim-Hc Is Found in
the Water with His Skull Fractured-Nol
Clue to the PerpetratOr-Investigati Bed
fore Coroner keenan,.
Another mysterious murder, to which at presen@
there seems to be not the least clue, was brought I'd
light yesterday afternoon. The victim in this castl
Is French p. woodal, q resident OF Astoria, Long
Island, who for nearly year past has been emf
ployed as clerk in the ONCE Of the Asbury Life I'M
surance Company, No. 291 Broadway. Mr.. Woodal
was ardent sympathizer with the Cubans In thei4
struggle for liberty, and few weeks since wa7
offered an important position under General Jordan
now supposed to be IN Cuba, ont did not see ut I'd
accept it Mr.. woodall entered the service Of
the government as a private, and was promoted,
from time to time for merorous services, and event
tually received the appointment as colonel OF the|
ll6tn Illinois Volunteers. On the night OF the|
lst inst Colonel WoOdal did not go to his residence
In Astoria, but took room at Frenchg Hotel, en- j
tering his name on the register. At that time nd
was known to have at least 500 In mis- possession}
The next morning Colonel Woodall left the hotel and
early IN the day seen In the lower part OF tho
city apparently In good health and spirits. Froul
that time Colonel Woodall was seen no more alivel
search for the missing gentlemen but without sue
cess nothing whatever could be heard respecting
his Whereabouts: Yesterday morning informasioLl
was received at the Coroners' once that body ha4
been found in the water foot OF whitehall street. an
subsequently 1t was recognized as that OF Col0ne5
Woodall. Coroner keenan, took charge OF The cass|
and caused the remains to be removed to an under-
takers In the Bowery. Notwithstanding deceased
Is known to have had 800 with him the day befor9
his mysterious disappearance not cent was founc,
In his pockets; he had only bunch OF Keys and q
handkerchief when found. Late yesterday afternoon
Drs. Wooster Beach and Joseph Cushman made 4
post mortem examination Of the body OF the Del
ceased and found oil the left side OF his skull
crushed in. In the opinion OF the medical gentlemen
the injury was inflicted before death and with heavy
round iron instrument The cause OF the murder ar d
by whom committed are mystery which may never
be developed, but there Is scarcely a doubt tha1
he was first robbed, then murdered and pitched
overheard TO conceal the crime. The friends Of ~
ceased yesterday waited upon General Superiniend1
ent Kennedy and asked that sbrewd detectived
might be assigned to work up the case.
Coroner Keenan, empanelled jury ana, affei
viewing the body, adjourned the investigation ind
definitely, or until such time information whici]
which Will warrant hun in proceeding with 1t ma n
may be obtained. Deceased was twenty-eight years.
OF age and native OF this country. He was genial
and accomplished gentleman, and has left manH
friends 10 mourn hls fate. Colonel Woodall mas efd
widow aud daughter three years OF age.
The New York herald., 1869-06-12
ATTORNEYS In the Court Of Sessions.
Before Judge lnQranam,

IN re James D. xcCleudn.--Ihis IL the case of the
lawyer whom Judge Dowlfng expelled from tho
Court OF Special Sessions last Thursday. Plaintiff
yesterday, through counsel applied to Judge Ingra.
ham for an order directing Justice bowling to show
cause why peremptory mandamus should not issue
commanding him to permit MIR. Mcclellan TO prac.
tce in the court which hois one OF the presiding
Justices.
Judge Tngraham after looking over the papers, de.
cided That there was necessity for writ Of man
dainus In the precent instance, as the Court OF
Special Sessions was not court Of record ana that
practice there.
Later IN the day Mr.. A. NJ soteldo Jr. counsel for
Mr. Mcclellan, renewed the notion and read q law
passed oy tue Leaislaturs Of 1901, which enacs
20 practice as attorneys and counselers by the su.
preme Court shall practice IN any Of the