davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1869-06-11
THE COURTS.
THE OLYMPIC THEATER-ORAL ARGUMENT TO
HAD.

Bolles, Receiver, agt Dgf, Receirer.-Su.
preme Court General -Clerkc. p J.. Barnard aud
Cardozo THE moIon 70 open Tue aeas GI Ie bs uo
been denied by the General Term IN his favor Judge
CardozO delivering the opinion of the Court holds tat
the action Of plaintiffs counsel could not bind the de-
endant, aud he liberty either TO submit his points
II default. II IL were not default they
could not be deprived OF their right TO an ora aIgeh
therefore be considered that they suffered de-
fault and they apply to he relieved from the default
the only question is whether they show sufficient ex,
lie holds that the defendant does show fair and
reasonable for not attending nc the last General
Term, aud thinks it entirely unprecedented that lie
should be required 10 waive the benefit OF an oral arg
ment condition OF being relieved from the deIanit
The right argue orally Is too valuable to be
lightly taken away He does not stop to review the aIl
davs upon the subject OF negligence for relief from de-
faults which s often granted against e open ana con
fssed negligence OF the defaung party or ms attorney
counsel" He thinks the aidaylts fully acquit the de-
fenda-t and his counsel intentional negligence If the
plaintiffs entitled the report they obtained they
and II they are entitled they ought not to be per
mted To hold It, But If 1t were submission ana not
default the Court could nt any time entertain ana il ~
thought proper grant motion TO open the SUBMISSION
relieve the parties from the stipulation TO submit restore
the cause 20 the Calendar, and allow u 10 be argued
orally More clearly this is so where the submission IS
by but OF the parties orf II is to be regarded as
the ORDER and he thinks slight cause IN such an Import
ant is sufficient for such change, me i5SIOh 5i
dar and ordered 10 bo heard as the hTst case on S
second Monday. ordered accordingly: Judge l5arhatu
cOucurs i'm this opinion Judge Clerke delivers dlssen
ing opinion, which he holds that the General Ierh uts
the p9wer 10 open aud order rearRument;
he holds the proceeding the last term not default
but regular submission by OF tie parties. The
practice on the part the Court OF receiving the points
and other papers OF the parry who is ready, giving
reasonable time for the submission OF ms points 10 the
party readys equitable cause less delay thah
pTanting defaults which are always followed by mo-
on To open them and which are almost always granted
IL also serves as a saut8ry cheek upon reluctant OF
dlatory contestant The Court unquesOnabiy has the
power To grant motions OF this description, bnt IL never
does So except under circumstances similar 70 such as
would authorize granting OF rcargimeht, or loi
reasons equally grave urgent NO suCh reasons mao
been presented this motion, nor does ne see tha'
/
General Term another merely 70 give the uelchuh
the right OF presenting oral argument lie states t
he has not iyesg gated the submitted at the last
term, but that 10 would have been decided had the ue
feudauts counsel submitted his points IN due tllne
New-York tribune., 1869-06-11
IMPROVED STREET CARS.

About the 1st of July the Chicago City Rail-
way company VIII Introduce upon Of their lines the
new style OF car, 30 successfully In In
mobile Memphis Washington, Louisville st. Louis In.
dlanapOs, and many other ctes, the pecuiarites of
which are In brief that II Is lighter than the present
STYLE needs generally but horse no rear platform
upon when passengers can crowd and dspenses with
conductor Dy using fare box Into which tho
drop their money or their tickets. The CITY Railway
company nave several cars OF the pattern now in
their barn, and VIII work those now in use as hey
are needed There IL no rear platform the car but ia
place II supplied by convenient low step Tho front
platform exclusively for the driver being sencrcular
IN Orn and fenced In % prevent seeking an
entrance at that end. AstrBp overhead Furnished with
loops, connects with bell to indicate TO the driver that
passenger wishes TO get out Another strap protected
by b. ctblnR, enables the driver 70 ciose the
rear door after a passenger enters or leaves
the car The feature Of most interest, however
fares without the Intervention OF conductor The ar
rangement consists Of an obong box placed upright at
the front OF the car inside the door, provided with Rass
windows that both the driver and passenger see
within. The passenger on paying his fare, advances
this box and inserts the mOuey ticket the may
be. through brass umned aperture IN the top Ot tue
New-York tribune., 1869-06-11
ACTION FOR FALSE REPRESENTATION.

Boufon act. Elmer aud OHerS.-Superlor
Court-Trfal Tcrm-Fithian, Justice.-Ihls was SUIT
against Messrs Elmer WetmOTe, and Babeock charging
them with "A conspiracy sell 10 the defendants, by mis-
representation Of it's value 1000 shares OF the World Gas
light Company, then nascent. for $4,000 lie lald hls
damages $4,000 IL appears that the Company az the
time had not issued any stock. In fact the patents ep
which 1t was founded were IN litigation, NetW9re, how
ever had certificate caip Or 900 shares OF the stock
when it should be ssncd which Elmer had in his hands
for sale Elmer called tie plaintiffs attention TO IT, and
said IL was big thing, and would make revolution IN
the gas business The plaintiff went 10 NetmOre 20 ask
,. hi stock aqd Wetmore sent him 10 Babcoek.
tie President Of the Company The painuh says that
Babcock told him it was worth S4 share, ana would
soon be worth par and mOrc and that relying on these
Tcpreseutaun he purchased tho stock nc that price,
The defendants at the OF PLAINTIFF case, asked eacl
for himself a nonsuit The Court ruled at once that
morning 10 decide the question Of false representation,
and then held that the proof against Elmer was not
sunlclent 10 warrant the 20 be sent 10 the
ny as to him. and therefore granted him nonsuit and
$50 extra allowance As 10 the Others he Thought there
was evidence though slight, OF Misrepresentation and
the case should so 10 the jury. The two deIendalts
thereupon proceeded with their case, aud denied that
Icy had ever made the representations charged 10 them
The Court charged the jury that In order TO recover the
plaintiff must snow false repensatons by the defendants
known them 20 be false which lie relied IL was not
enough that he partly relied one
aud partly those OF the other unless there was such
concert of action between the two as made each
the mouthpece OF the other; was u enough for nm
Ia sow that the defendants had maze msstatemens IN
less IL also appeared they knew them 70 DC msstat
pents lie aluOunt OF damages u they shoud ma lor
the plaintiff WAS left 10 them, Ihe CouFt uIeeted
sealed verdict.
New-York tribune., 1869-06-11
MANS RoDY SAWED IN TWO.

About ten days ago, young man probably
90 years OF age arrived IN this city fr0m the west IN
search of employment. On Thursday morning last he
went to work NJ Nenabe's saw mills being engaged 10
nul the bark from logs Yesterday ne had taken all
ihe bark from a large heavy cottonwood log, ana all
hands were working together TO put the log upon the
saw.carrage as the log rolled upon the carriage, the
youug man stepped upon the sawfame TO get out OF the
way OF the log the upper revolving saw caught In ms
boiIse and quickly threw HIM upon the lower circular
saw when in instant his body was cut IN twanIthe
head and breast falling side OF the saw, ana the
remainder OF tho body the other. The body was
cut dugOnaly from tho left side through the body and
ont over the right shoulder; both arms were cut on
one at the wrist and the other below the elbow Joint the
head cuug to the upper portion OF tho body and the lungs
10 the lower portion At the time Of the accident the
engine was moving under the usual amount OF steam
about 80 pounds and the running In opposite dec
tious were mixing COO revolutions per minute. The
man was killed before his fellow labors we're aware oi
the accident The remains gathered mp ana placed
I'm n colin and after inquest 10y the Coroner, buried
in the City Cemetery The name OF the unfortunate man
is unknown; he resided for some time IN The mountains
and lately worked at blacksmithug In Cheyenne. Hs
frst name was William, and 1t Is believed from remarks
made by HIM, that he had relatives living near chicago
lSt. Joseph (Mo) Exchange.
New-York tribune., 1869-06-11
DECISIONS.
In thn Snnrnmn Cnnrt 5

In the Supreme Cdhrt, Special Term, by Mr.
Justice SutheIland.-Iienry +. Knapp agt Meropol' az
Paurr Collar Co. et al-Iudgment Tor the defendants.
Dorsch Brown. Schuyler, and tho Metropolitan Collar
CO.. dsmissng the complaint as TO them, with costs As
Rugge esq ascertain aud report what the cousidera-
ton Of the transfer Of the sh OF september 10 the plain
TN actually was whether the whole any part OF II has
been actually pad by the plaintiff also 10 ascertain and
report what Syth and his vie, either may have
csiyed or be entitled o receive DOrsCh aud Brown,
OF the other defendants for their rights and interests
under The agreement 0f Aprn Until The coming Of that
report Judgment 10 be suspended,
Supreme Court, Chambers, by Ingraham, J-JnO. Dean
agt s. Leland q cases) Mitchell Beers ct AL Cum.
MINIS agt. Clark; First National Bank OF Mount Gilead,
Ohio agt Beunett Burger ct al agt Loeb et al Clark
agt Barnard; smith, lr, ag GuilfOrd Mclean agt Har-
wood &c. Geneva National Bank agt Sneden; Van Pet
agt Ia Roche; Same agt same.-MOtiOns granted.
Knlckerbocker Ice Co. ugt Roche; Mahan agt. Eddy.
Motion denied. Broeh agt. Hayens et al-Motion
granted. without stay, but with leave 10 move Mt Circuit
To put OF cause, ShRrkey agt Meyers 50 a-Refer
enCc ordered. Webb Agt. Odoll et al-Case settled.
New-York tribune., 1869-06-11

OF the College and about 10 graduates, present
Constitution was adopted. and organization was
formed with the title Of The Princeton Alumni Associa
tion Of Newark" The Hon. Win: X Macdonald was
Dr. Wilson, and DIR. t. W. Woodruff, Vice Presidents;
John p Jackson, esq., Secretary and Perry Jr Treas
urer The Rev DR. McCOsh addressed the Association,
giving sketch OF the plans which had been formed to
enlarge ano extend the course of study The plan already
adopted permiSed The student who had passed the
second yearfO mahe choice of the branches Of study
To these had Iren added department OF history and 1t
in contemplation TO aQd Proies6orSbP OF Con
the Committee andS5C0had been promised by the Alum
pete e endowment and he appealed to the Alumni Of
Newark assist in making the College of NewJersey
rome The appeal was responded TO by tho adoption OF
resolution 10 raise the required and subscriptions
were made to the fund. A Committee Of five was ap-
pointed 10 secure additional subscriptions
New-York tribune., 1869-06-11
pp1TAI1Ty TO A CHILD.

few days since the citizens OF Aenla, ONO,
were mortified by siCkening account OF cfueltles
that had been practced upon little girl Formerly hh
inmate OF the public iufrmary who had been taken by
family residing the northwestern part OF the county
IN hiring mn Tho child, Mary White by name is the
doughe OF one OF the inmates Of the nrmary, ana Is
now nearly II years OF age. Nearly thleo years SIn,V
when She was wears old, man by the name OF DaNu
Fmmic who lives near Fairfield applied 10 thc hHTha-
nv for a child TO raise, and she was given 10
him No tldnCs of her welfare We're re-
ceiyed during this time until last wednesday,
when n wagon drove up and ptable, wan, and dis,
hrured child was taken out and left with the natroh OF
tbe institution with the message that theY couluh
kcep her any longer and had brought her back Judge
of the horror OF the mother, who is sun an inmate OF INC
Infrmary, on recognizing this pitabe object as her
child The child, upon examination, showed uhlhlslah-
allie evidences Of ong-coutinucd and systematic course
OF usape Her FORM instead OF presenting tue fOunneu
outlines OF childhood, Is dwarfed aud stunted. Hcr
hands hardened by ncessant labor, look almost IKE
caws Her limbs are black with bruises from repeated
beatinps Her neck is dsCOlOred with the marks ol u
rome by which she has been hanged ana hltetNal91
dragged over the floor Her ankles are aceiated hna
swollen by a cord, with which she has been tea hpa'
as AZ rs alleged hung head downward Tor punlsmeut'
which is given with apparent lruthidIht
yeo the fact that during ali these three years she mas
treated. She has been starved anu over
worked AS a punishment for real or fnnced OuehSes'
sbe has been cruelty beaten hung by the feet head down
ward-hung by the neck and almost stranged-anu atef
being taken down, and while the rope was stlu alol
her neck dragged upOn the floor around the room bhe
was ON one OCCASION bound with rope and suspended
in a priyy vault until neaTiy dead. Ihe5e ana otntr
feudsh atrocities her story reveals ana her apcuCc
indicates That such iends this man Emnek ana ms
wife should live IN enlightened community ana thcl
practices 50 long time remain unknoWh' Is sour
nf wonder Now that they are known we hope speedy
and UnluchiDg justice awaits tbelnl Atha 4oEVuiSu"
New-York tribune., 1869-06-11
CINCINNATI AND SOUTHERN RAILROAD.
CHATTANOOGA AS THE TERMINUS

CHATTANOOGA AS THE TERMINUS.
Our previous advices as to the probable re-
suit OF the struggle for the road 70 be built by the OOO
900 Cincinnati loan, confirmed by the action OF the
City Council selecting Chattanooga for the Southern
terminus instead OF Knoxville, The Cincinnati ENQUIRER
IS not quite satisfied with the action:
Tie selection OF terminus probably the ysest that
could be made, undcr circumstances but are inclined
10 believe that IL would have been well better be-
fore making the final decision 70 formally invite cOmpet
live propositions from capitalists for the construction OF
IOals 10 Chattanooga Knoxville, main road 10
either with branch TO the other. With this invitation
should have been cOulped the assurance that the
responsible bidders who agreed 70 put the road or roads
IN operation for the smallest cash bonus would be pre-
ferfed than probable that such an announce
yneut would brought offers TO supply as with the
neCOns both the points named desired at compara
tyy small fraction Of the the city IS authorized TO
the whOeO Of which under any other system not
unlikely be absorbed. OF course, under the law the
pended In building certain stipulated part Of the lne,
which would afterWard be leased 20 the contracting COM
pauy az nominal rent The responses Bncn an lnvl-
taOn would nave been Oleraby certain 10 Drlpg Woud
be VI great value In determining the route as wen as the
tei minus Of the road and we according 70 the terms
Of the statute they could not absolutely control
the action OI the Trustees, would furnish import
ant practical snggcstOns 10 them, and give TO
Ahe taxpayers the means Of accurately esti-
mating the amount they viii have ultimately 20 pay for
the Southern connection this new road he desed to se
10 IA 70 be hoped that although this cOurse cannot
now be pursued under the auspices Of the CIV Connc
The Trustees when appointed VIII adopt come nolev mn
accordance with the general idea here indicated The
dollars We appreheDd. will be 10 eHpend m drecflv
through the Trustees other city agents Ia
"A railroad. Let by all neans before dollar A. MIA
Gut for this purpose secure ourselves against the posi-
New-York tribune., 1869-06-11
awarded rs follows

Goyernm eut bonds opened dull and weak IN syupahy
with the stock market, and prices decnsd Hon "a per
cent m quotations At the decline. however there "e'
noavv purchases made and bonds OF all classes were IN
demand The investment demaudra uponlC S' ana e~'
rency per cents The latter bonds We're in request iraS
Insprapce Companies aud Savings Banks state 0onis
were weak Tennessee per cents sold at co. NeN boll
90; virginia per cents. ex.coupon 81; Ne" bonds "'
North Carolina six per cents, 81 New bonds oii hi''
per cents %. Railway bonds were dull and .o"er 1
cellapeous shares generally loEeri Western O''
Telegraph sold at 39l Mariposa 10 per cent Cef1'..'
40; Marip0sa Preferred, l5ial6; Canton q; Faehc "
was strong selling at sli9Sis. closing So @sl EApe"
shares sympathIed with the decline IN Railway shares
Adams sold at 5Sl; Wels-Fnrgo, 500; American "t'
United states, 66a56l; Merchants Union, lAi ci1
Railway shares opened weak and under por'is'en'
bammerng by the bears, panic was engineered 'D''
carried down prices from di per cent below tue o"s
prieos OF Yesterday. Tho decline was assisted " uV
stringent tone Of the money market aud by eren"V-
~ minors damaging to the credit OF number oi BSoS
connected with the Stock Exchange The latter Ne'
without foundahOn and no new failures were rep0r'"I
New.York Central sold at 1929; Hudson, i55s hAi~a,
ia. Roadipg g Lake shore and Michigan SOntLerH' vs.
Cleveapd and Pittsburgh, 9ll Northwestern CoinuiO
s5l. Northwestern Preferred o.; Rock leland III. -
PAM Preferred. SO; st. Paul Common, 79i Ne"Ie',
Central llOl; Fort Wayne, l5. Tho market e~i'Hs
ar,cky and unsettled until the close of business, ry
socopd call the transactions were enormHS anu ous
blocks OF stocks changed hands at the 10" rorsr
and large amounts OF stocks were sold Y ~, No
whose customers failed TO respond In m"n',1 ,,'sr
their margins before the close OF bank hours' ,le
o'clock the panic was checked and there was .,s tho
pressure 10 SELL aud upon adcmaDd TO cover Ths
market rallied from 1a2i per cent on tue ep''V Of
decline appears to have closed out ..ader tone.
wenk holders and the market assunlcu s, Road
Sow.YorS central advanced to 1854 Hudson il can,.
ing Oh; Michigan Southern loii
mon. ss North Western Preferred, ss 81 rau ,os Al
ss, Cleveland and Pittsburgh rs; Rock islaHo' ''''
New-York tribune., 1869-06-11
sINCIrIAP Accident!

On Wednesday morning, Hiram Kinnard
resident o Patestown aged Cj years shOul0e-td his gun
hi,trd M his two dogs, and started up along the line
of tbe Hannibal and 81. Joseph Railroad. As kS did not
renrn nj night his relatives became alarmed f9r his
safety ana on Thursday morning Mr. Thomas w. lsdacs
his siepson started i'm quest Of him. He searched the
accustomed hunting grounds for honrs IN yain and at
length rested ON n railroad bridge. While yet undecided
as TO what course to pursue. his attention was attracted
by the barking of dogs ut great distance IN the TIM
ber He recognized the voices and at once sought the
Mace whence the sounds proceeded. Arrivlng at the
no he was hored the sight of the dead body OF his
father living IN the mre of the creek On the bank above
was large pool of blood, and the gun crushed under
dead limb about a foot in diameter, which had broken
on of tree some feet from the ground From the TACT
that pool OF blood found on the bank near the gun
II would seem that deceased not killed outright but
after bleeding proiusely had struggled To rise ana aeh
down tine bank some Is feet. where death kindly ehded
his suiTerngs The skull badly fractured, producing
coucusson of the brain There Is "a touching lucdchl
illustrative canine intelligence and a1ccon connected
with this Appearances indicated mat me accident
had happened "Wednesday 1t did undoubtedly DINER
wise deceased would have returned home IN due time
DuC an the long hours of night his dogs had viganty
Guarded his remains Around the body and at respect
fu distance from It, they seemed 20 have walked III one
inccssant unwearied round, and even when MT saacs
first approachcd. they would not permit him even 10
touch the shattered gun though well acquainted with
him Thus jealousy did they watch their dead master
lSt. Joseph UntOn June L.
New-York tribune., 1869-06-11

hoy The fare dcscends through series OF Ngaag % com,
noT,ment. designed 10 prevent the Nancy LIon pelns
pa,tn"td1 to "A disk where it rests, Tue diYer sees
@ te class face 10 the box that the fare y correct
d mills spriug letting the fare fall into an ron sale
h and the disk flies back, ready for another IaIe
% driver has no 10 tho money or tickets III te
safe ana when the car is turned ~ at ngnt te %
t fres of The day are removed from the safe by the
,,r,ner officer Of the company Should passenger Dy
mistake put IN larger amount than Is due ~ cannot De
tIc office. The box is lit mp at night 10y small lamp
prepared especially for the purpose. When tssehseI
Enters Le car should he not advance pay his fare tine
driver summons him by bell TO walk no to the captains
office and settle Should tc passenger not nave the CN
act change he notifies the driver by pressing down
brass plate IN tho front door, labeled 'Chauge by when
nrcssure bell is ruug lie passes his money through
The aperture To the driver. who returns the change
through the same apPrtuU the brass plate flying up in
each Casc afcrwcrd close the aperture by this means
there no necessity for opening the 0nt door ~ cold
weather to obtain to the driver Change Is always
returned By the driver 10 the full amount.
lChcugO Evening Journal, June Z.
New-York tribune., 1869-06-11
pp,crIc,r. Joke EXTRAORDINARY.

A curious practical joke was played in Quebec
few davs ago the victims being oihccr I'm the 65d
Regineui city merchant and the Chief Of Police. The
ocer received uu auoayou5 letter purporung io have
been written by the merchant, warning MN agllh Nls
in bis house during ne absence The following day u
was the merchants turu 90 receive letter forged OF
course, purporlug 20 have been Wii'teu ana sishSu ~
tbe officer acknowledging the receipt OF the merchant
letter and threatening tu break every bone IN his body
for his nsoleuco IN addressing snch an tpsue 10 MN
Police signed as before magistrate warning hin 70 iooA
out Tor certain parties as they Intended 10 hgh uuei on
tbe Mains OF Abraham The following morning the Chief
communicated s letter 10 the Judge of sessions ana t
decided to put guard on tho l leading 70 e Sll
10 watch the door of the doctors residence who was re-
dnEfd 10 be iu attendance on the Held 1He mcTthHt
was lie first To suI the morning Hir and soon as he
made his appearance upon his door step, inc attentive
officer stepping over the stand told him 10 was al up,
that his chief possession Of fu particulars OF thc
Intended sanguuary contest aud advised MN 10 return
10 his home This disclosure brought the whole matter
TO light, aud inquiries followed which showed ctHIg
that II was hoax. Certain persons here arc suspected
OF writing the anonymous letters, aid az
into the affair Is going on. lhohlI'a' hc'"'N'
New-York tribune., 1869-06-11
pRoRApIE MURDER IN spRENa.sr

Patrolman Smith of the Eighth Precinct yes
,erday appearcG before Justice Dodge of the Jefferson
Market Police Court, having in Charge Thomas King
against whom he made charge Of murdcrOuS assault
m onnears from the affidavit that early Yesterday
ing while patrolling his beat he heard tie sound Of
psoshot IN springst, near GIeene-st ne ran IN tiat
direction and met man on the way who told him that
King had shot another On the northwest corner
OF the above streets he found King With fOurbarrc
reyolyer I'm his hand one barrel Of which had just been
discharged and was sin warm. man who gave his
name us Edward Cavanaugh lying on the pavement
with his hand pressed his eft breast from which blood
was trickling Tho officer had violent struggle Win
King 10 arrest him and obtain possession OF the pistol
The wounded taken to Bellevue Hospital where
he now lies dangerous condition. The prisoner was
held to await the result OF the injuries.