davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
COURT CAlENDARS-THlS DAY.

OYER AND TERMINER AND SUPREME COURT
CIRCUIr.-Part l.-Before Judge CardoZO. Court
opens at hall-past ten A. M.-No circuit calendar.
SUPREME OBSERVATION-DISCLOSURES Before Judge
Van Brunt--Nos. 1772, $685., ll4S, 1870, $685. l7lo
1910 800, $780, 1914 1925 1926, 1885, 1852 1885, 1856,
1854, 1873, 1852, 1865.
Brady Court opens at eleven A. ID. Demurrers.-
Nos. H. Issues Of law and fact-Nos. 40, 90, l0l,
49, l3S l3e i4l 1l2 l43, l4 l46, l4, l4S lag, $780,
152, 1853, 154 1855, 100.
SUPERIOR CouRT.--Parr Case on. Part 2-Be-
fore Judge spencer.-Nos 226, 22S 206, 602 COB,
456, 6l2, 57s go 546 454 Ala $685. 1885, $780, asa $50,
l5s, 300, AIS So Az 1l72. 25o. liz, 3s4 492 1885,
666. $50, 58S.
COMMON PLEAs.-Part before Judge Daley.-Nos
8l4, 270, IL, 105, l39, 1859, 100, 400, 461 PAL ass
16l 3s7 $40 $780, s., 2o7, 249, 1856, 1913, $780, 295 81,
$40, "a, 403.
MARINE CouRr.-Part before JudgeGross Nos.
4473, 4423 1906 45l9, 4522. $685. 4o41, 4S54 45as,
1857, 1890 1851, 1888, 46l7 6llS. Part 2-Before
dndGe Aker.--Nos. 4640, 1855, 4407, 1873, 1856,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
The FISH Try QUESTION.
Canadian Grumbling.

From the Montreal News, Dec. H.
1t Will cause 10 surprise among those who have
watched the course or the Brlght-Lowe section OF
the British Cabinet TO learn that tney are prepared
to hing us overheard whenever the connection be-
comes onerous. The close Of the last American
war was followed by treaty regulating The respec-'
tive fishing rights OF the two nations IL was de-
clared that we should enjoy exclusively that right
for q distance Of three miles from the Shore Sub
seauenty arose the question whether, when two
large bays In which fish abounded. A long
ton OF the three mile clause; but at length
the Americans, as they have always done,
merely the exclusive right to the three niles along
the shore line 1t is this last right on which tkey
have cncroached. Their fishing vessels, IN open
violation OF the treaty and III defiance OF warn
ings repeatedly encroached on the three mile Itmlt.
Some were seized and adludicated upon. 1t is per-
fectly notorious that The United States cannot Justify
violation OF the treaty. which, II tolerated, would
take the fishing business cut OF The hands OF our
shore populations; and England IS bound in honor
and good faith to see that our IN lnOpoiv be pre-.
served. The cable telegram tells Us that the action
OF the acknowledgements and rresponsible' Do
mlnon in sezing vessels encroaching on orr fish
ing grounds was condemned by the ministerial
press il this fact be as stated we canuot over
estimate its importance. 1t means thai England
will not assist us with her navy to enforce our uris-
dlclion; that we must cope singlc-halded with the
Americans; that we must submit TO sec American
fishermen sweep our coast line, while we are ex-
Cluded from competing with them IN the American
market under customs duties. We were led to an.
uclpate, when confederation was proclaimed, chat
the entire resources OF the empire would be put
forth 10 defend the integrity OF soil and MAIN
tain unmpalred our privileges and rights under the
treaty regulating the IiEhng grounds but II we are
TO be abandoned when the lirst dinic,ty arses-be-
cause an American President complains OF our
conductive naturally inquire at what point
England viii interpose We see her Withdraw
Ing her troops, and when q war cloud arises IN
the East, instead Of Strengthening our nanos con-
temrating our complete desertion. we cue IN
proof OF this fact that lie Tamar was Tug ouier
day ordered to Quebec 10 convey nome the Sixtleth
Rifles and TIE small force Of artillery quartrred ut
quebec, and that order was only conhternanded
Russia Had the car not modified his pretensions
we should have found ourselves Ia the anomalous
noslton Of NOT having regular soldier In any
part OF Canada. Messrs. Bright and Lowe appear
10 he playjnr into the hands Of the Hon. Mr. Hun.
tinuton and II we learn that we are To be lefI
alone to fight our own battles on the fishery cues
ton we may be forced 10 inquire whether we should
not be safer under . protect0rate.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
SUPERIOR C0uaT-spECIAL TERM.
Interesting Case to Liquor Dealers.
Before Judge Mcneil.

y
Martin r. COOK ct al. Us. george A. Stdrkacedthe1,
Jr ct dl-Both parties are wholesale liquor dealers
in this city. In 1857 the plaintiff commenced the
manufacture of brand Of whiskey called 'Old VAL
ley whiskey." They prepared brand that they
used as trade mark This mark consisted in scrap
ing the wood OF the head OF the barrel vanishing
1t SO as TO preserve Its natural color, then
painting q red ring around the chine, u
portion OF which extends on the head, and
then stamping the words "Old Valley Wits.
Key" q Maltese cross contain ng the initials or
the firm above this, and above that the letters
AAA. The defendants are using precisely the
same mark, substituting three KS for three AS, and
d crown for the cross, ana the characters similarly
situated with respect to each other The plaintiffs
obtained order in August last restraining the de-
fendants from using their brand. The presentts the
trial upon the merits. One OF the defendants, Mr..
l.. b. White. claims to have originated the brand.
Most of the prominent liquor dealers in the city are
being examined on both sides.
Guy X. Pelton and John L. Hill for plaintiff, and
w. III. Van Colt for defendant
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
ANOTHER CHECK At THE POST OFFICE.
A Letter that wns Elniled Mt Station ID Turns
lip in the City-A Second Cnse

Letter that wns Mailed Mt Station ID Turns
Up in the City-A Second Case.
Justice Hogan at the Tombs on Tue sday held in
default Of $4,000 bail George II. Marshall who was
ccused OF having attempted to purchase bonus at
Clute's Office In Broadway with check for over
$1,000, which had been distracted from Station d
Pc st ONCE in some mysterious manner. The partI.
cuiars OF the case have already been published In
the HERALD and are similar TO the facts connected
with another charge yesterday preferred against
Marshall at the Tombs, the amount Of money in.
vOved in the latter case, however, being only fits.
SIX dollars. Marshall went TO the store OF Julius
Wiener, at 235 Blocker street, the 2eth of No
vember last, ana purchased twenty-five dollars
worth OF cigars, in payment for which he gave q
check Tor ffty-aix dollars on the East River National
Bank and received balance OF thirty-four
dollars. The check was dated November 49,
was drawn by w. d. Ward, agent, to the order
OF T. Il. Bailey, pulported TO be endorsed by
the latter and also endorsed by Marshall under
the name of James Costello. Mr.. Wand yesterday
testified that on the 10Th or November he drew the
check and mailed it, at station Post Office In an
envelope directed to IT. +. Bailey, Bloomfield, N.
J.,p aud that the check then not endorsed. Mr.
Bailey testified that the endorsement In MS name
WAS forgery. No facts were ELECTED as to how the
letter enclosing the check stolen from The Post
Office Marsilal WAS, for The second umc, commit
"a ior trial tn default Of 81, coo ball.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15

me question; she vOg not 30 near to me e. tone
Onicer Edward Handy then testl6ed TO having
heard the last witness holl0o Murder ~ on the
morning OF the 22d November; he went up and
Schmidt gave the accused into custody ~ the man
who had robbed him.
Mr.. Howe then demanded the acquIttal Of the
prisoner on the ground that the indictment set
forth that the money stolen consisted Of ten ten dol
lar bank notes. whereas the prosecution had proved
The Court sustained the objection and directed
the jury 10 give verdict OF acquittal.
The prisoner was then remanded Tor re-indict-
men..
Michael Kelly, a lad OF twenty years OF age, was
then put ON trial charged with having, on the LIST
OF November, got fraudulent possession OF q GUAM
tty or gun trimmings, worth $50, by confederation
with man representing himself to be an express
man.
George Foster testified that he was employed n
Michael Shenin's store, Greenpolnt: that on the
LIST OF November a man came INTO the store and said
"Anything for the eXpressmangn he gave him the
gun trimmings IN Two bundles, which were placed
IN an express cart outside he Thought there was
he saw Micnael Kelly with the goods on the street.
Oillcer Holmes then testified to having arrested
the prisoner with the goods In his possession.
THE PRISONER ON THE STAND.
The accused then testified that he was an errand
boy, and that on the day In question he looking
at fire, when q man came up and said, boy, do
you want JobY" SAID, Eyes, SIR" he said "Just
dolar;" before ne mad gone half block the officer
The jury found the prisoner not guilty.
PLEADS GUILTY OF BURGLARY.
William Meyer, sailor, pleaded guilty to charge
OF burglary ana was sentenced TO one year III the
Stale Prison.
AN ALLEGED REPEATER.
John Young. alias "FreeLie," pleaded not guilty
to q violation OF the Election law In the Second dis
trict, First ward, on the 9Th November.
In opening the case the District Attorney stated
that the accused was incompetent TO vote, inasmuch
as he had served term OF two and hair years I'M
Drisonment for burglary in the third degree, COM
miJted In 1867
Andrew Hickman, police officer testified that
he saw the accused hand his ballot to the inspectors
ami swear his vote on being challenged the
prisoner gave his name as John Freetlle.
The District Attorney at this stage Withdrew the
prosecution, inasmuch as he mad not been able TO
prove that Young and Freetlle were the same.
The prisoner was accordingly discharged
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15

Actions Of TrOvcr Between Joint Owners al
Chattei-Ifights OF Mercantile Agencies.
WASHINGTON d. c., Dec H. 1870.
The following case was before the United States
Supreme Court yesterday
No. 20. james Coddington Us. lyman Richard
s0n.-EsTor TO the circuit Court .tor the Southern
District OF HlifOis.--Ths was an action OF tr0ver
brought by Richardson to recover damages for an
alleged conversion by Coddngton Of certain horses
and mules. jury was waived by the parties and
the issue was tried by the COurr. The
result was finding that the plaintiff
was the owner OF an undivided interest
OF one half In forty-eight mules and fffy-two
horse part Of the property described; that the
defendant had converted 1t TO his own use The
judgment was accordingly. and this writ OF error
was sued out. motion for new trial having been
denied The bill oil exceptions sets forth the whole
testimony IN the case but contains no exception TO
any decision or ruling Of The court but The general
one OF '.lnding the issue for the plaintiff, and In
overriding the motion Tor u new trian The argu-
ment in maintenance OF the writ is that on the evil
aence e Should naye been the oher
record there Is nothing Tor the court to consider.
Tne declaration is IN the usual form, the
OF fact by the Court like the verdict OF jury, Is
conclusive here, and whether the fact was rightly
decided not, according the evidence, is not
open to inquiry IN this court II the cause be de-
clded on the merits in this court the question Is
whether one joint owner OF chattel can, under
the laws OF Illinois, MAINTAIN trOver against the
other for his share of It, Ward Ii. Lamon for plain
tlfr III error, senator lrumbu for defendant
The case OF Tappan against Beardsey, appeal
from the Southern District OF New York. The case
involves the right of mercantile agencies to collect
and communicate to their merchant subscribers in
formation concerning the final condition and
character OF merchants throughout the country as
privileged communications. This case was tried III
the District Court In 1851 and the Circuit
Court submitted the bill Of exceptions. motion
hearing, Mr.. Justice Nelson denied IL. The case
now comes here on a writ Of error. Messrs. O'C0n.
nor and William Allen Butler appear for the plaintiff
IN error, and exJudge Barley, OF ONO, and Casey.
late Chief Justice OF the Court OF Claims for the de-
1endaDt. This case involves the question whether
mercantile agencies, hitherto conducted In this
COuutry, shall longer exist
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
UNITED STATES COMMISSIONERS COURT.
The Old Colony Outra GEES Captain Grindlc
Held to Answer in six thousand Dollars.

The Old Colony Outra gcS-Capt0in Crindlc
Held to Answer In six thousand Dollars.
Before Commissioner Shields
The United States os. Josiah s. G7fndIe.-The
hearing in this case was resumed yesterday with
the cross-cxamination OF Mr. Perry. who In his d.
rect testimony on the previous day gave version
OF occurrences on board the Ola Colony, from Va
lencia via Cadiz to this port This witness was
followed by the first mate, Crook, whose testimony
went to show that the two men had resoutcly set
their minds against performing any work on
board; that Raus on one occasion declared he would
rather die than work. and that he had With this IN
tent hidden himself away In the hold for some
three days; that tue punishment 1nnlcted by Tie
officers of the vessel upon the men for their obsti
nate recalc!tration was only such as was ordlna-
rlly inflicted for such delinquencies.
On the conclusion Of the first Oilicers testimony
the defence rested counsel addressing the Court on
q motion TO dismiss the charge.
Assistant District Attorney Davies followed ON
the part Of the prosecution, and after late SEES
sion, the examination having closed Commissioner
Shields held the captain to await the action OF the
Grand Jury In $4,000.
The Seven-Thirty Bond Case.
Before Commissioner Osborn
The United States Us. Jpil1tdn1 BrOck3Cd1.-This
case, The full particulars OF which have been pub
lished in the HERALD IN the jay Cooke counterfeit
bond case, as well as in the case now under exami-
nation, was again called up yesterday The only
witness examined was Colonel Wood, who detailed
the oft-repeated tale of his connection with the
Secret Service Division OF the Treasury Department,
his official cognzance OF the fraud committed on
the government in the procuring OF an impression
at ashingJon OF the seyen-thirty bond plate OF the
issue OF $685. his services In trying to discover who
the party was his arrest OF notorious counterleer5.
and OF ms negotiations with the accused towards
the delivery UP Of the dangerous seventhlrty cOun
terfeit pate; all the circumstances. in TACT, con-
neCted with the case up to the moment that like
Othello, he was babe to ten them. There was
noInIng new elected, the Colonel having exhausted
the session OF the court Tor the day. anu the case at
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
SUPERIOR CousT-TaIAL TEa1-?AaT 2.
Troubles and Trials of House Building.

Before Judge Spencer.
Henry NJ. Fteld Us. James Se,cd1t ct al-The
plaintiff engaged the defendants to build him resi-
dence in Fity-frsJ street, Fifth avenue. 1t Is
alleged that the defendants agreed to make the
front OF the best quality OF Hlsboro stone and that
instead an inferior quality was used. An action Is
brought TO recover SIS, 900 damages for non.fufl-
ment Of contract. The building was completed
while Mr.. Field was In Europe, anu seeing the
the first payment due the building. Upon this q
SUIT was brought by the defendants to enforce such
payment and subsequently the present action was
commenced, making TWO cross suits. Considerao lie
time was consumed upon an application to try both
suits together. The Court decided, however, to
try the latter suit first, the findings In this
would naturally settle the issues involved IN the
first action. Many prominent builders IN the city
were called as witnesses. Case still on.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
SIXTH DISTRICT COURT.
Who Owns That Painting Elm Search Of the
Picturesque.



Before Judge Lane.
William MagrGth rS. Leonard W. Je10nae.-This
action was brought by Magrath, the celebrated
artist, against Leonard W. Jerome, and was tired
before Judge Lane and jury in the Sixth District
Court yesterday morning. The plaintiff testified that
in the year 1867 being attracted by the picturesque
scenery In the neighborh0od of Jerome Skating
Pond, on the grounds of the American Jockey Club,
Fordham, he made painting OF that celebrated
locality, as he expected that Mr.. Jerome or some
other wealthy member Of that club would admire
and buy 1t for his picture gallery for the purpose
OF presenting 1t to the club. That he called Mr. Je
rOmes attention to 1t, and that he was 80 well
pleas ed with it that he requested him to place it in
Tinany's window for two or three weeks, go that
the me mbers OF the club might see 1t while passing
up and down Broadway. That Mr.. Jerome subse-
Quenty tod him that several OF the members or the
club had seen and greatly admired it, and that he
agreed TO buy 1t for $780, and told him to deliver 1t
it hung np in their picture gallery. There it has
been hanging ever since. That at the time he
paid him twenty-five dollars on account and pro-
missed pay him the rest some other time, and that
he subsequently paid HIM twenty dollars more, but
refused TO pay him the BALANCE; Mr. Jerome, how
MES that ne ever bought the painting, either on his
own account or on account of the club, or for the
mired the painting and was anxious that the men,
bers of the club should subscribe OF contribute
towards buying 1t, and that he was simply aiaing
the plaintiff 10 dispose it IN that manner, and
headed the subscription list with twenty-five dollars
and promised to pay twenty-five dollars more to-
wards the price agreed upon II necessary but that
the matter fell through as only four other members
contributed towards IT, and claims that the painting
still belongs and Is subject TO the direction OF the
plaintiff II he wishes to take 1t away or otherwise
dispose OF 1t. In charging the jury Judge Lane
stated that the only question of any consequence
| which they were bound TO pass upon was whether
or not Mr. Jerome really bought the painting or only
aided the plant In disposing oil 1t BY inducing the
members to subscribe towards its purchase as teSti
fled TO Dy the defendant; yet Notwithstanding the
lucid and exhaustive charge OF the Judge and the
eloquent appeals OF counsel either side for YER
dict In favor OF their Client the jury were unable to
agree. The case Will therefore be tried over again
| on Wednesday next. Mr.. Langtree Tor plaintiff;
| General Anthem Tor defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
VOICE OF THE PEOPLE.


To THE EDITOR OF THE HERALD:-
On the 10th OF April, 1860, the NEW YORK HERALD
initiated the custom OF calling special attention to
ONO al facts showing the extent and value OF manu-
features In commercial cities, and pointed out the
tendency OF manufactures to forsake waterfalls and
coal mines ana crowd into the marts OF commerce.
The HERALD showed from the statistics Of Manu-
features. published Ave years after they were
collected, that the value OF the manufactures OF
New York city was greater In 1860, by SOS, oO0
than the entire manufactures OF four OF
the New England states during that same
year; that New York, although employing some
IL $40 fewer operatives and some $4,000 900 less
caplLal than Philadelphia manufactured goods OF
the value OF s159, io7,369; while Philadelphia only
manufactured goods OF the value OF $lS5079777. In
1850 the census showed the following places to be
most largely engaged in manufacturing wiz
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
SUPREME COUaT-CHAMBEaS.
OeciAiOnH.

BY Judge Ingrallam.
Alexander r. Trtnsbte Us. Wstltaae j. Tf'fn,0le.-
Motion granted far to modify the original order
by adding to it clause permitting the piaintif TO
move for new order Of arrest on proof OF deien-
dant's ability to pay.
o. d. Day rs. John G. 7fooetts.-Moton granted
on payment OF ten dollars costs.
BY Judge Van Brunt.
George II. Alexander as. NetD York Mutual coal
Company. The plaintiff VIII allow pro forma
order denying motion for trial. Motion for stay
denied.
Notes OF Error.
Tomorrow Ia the last day to file notes OF issue for
the preferred classes on the motion calendar. All
that are fled after to-day will be placed on the
general calendar.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
UNITED STATES DISTRICT COURT.
Decision Against u Vessel for Snug giinu.
Before Judge BENEDICT.

Decision Against II vessei Tor Smuggling.
Before Judge Benedict.
me U,.tted States The Steamship Missouri,
This was an action against the vessel to recover
penalties for smuggling about s34s worth OF cigars
into this port from Havana, in October. 1868. The
Old statute held the master liable for penalty equal
TO the value OF the goods IN such cases. but tho acs
OF 1866 provides that the vessel snail be held liable.
Judge Benedict yesterday rendered his decision in
the case and held tnaC Judgment must be catered
against the vessel for the value OF the goods snug
ged. This is but one OF several miar suits against
the same vessel Assistant District Attorney Allen
appears Tor the government Goodrich Wheeler for
the claimants
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
A POCKET CONFEDERATION.
How n Lively Youth Was Brought to Grief in
Matchlcss Sort OF Way.

Matchlcss S3rt OF Way.
young man named James Hamilton, clerk in
the wholesale fancy goods house No. 339 Broadway,
made purchase yesterday forenoon which he evil.
IDENTITY believed to be Of value The purchase was
good sized box of patent matches. He stuck the
box into one OF his coat behind pockets went to the
store and leaned rather roughly against the counter,
when of sudden there was an explosion or fire.
cracker sort OF sound that created quite commo.
ton In the store. For the first time In his life,
PROBABLY, Hamilton forgot how to take his coat
OF. Indeed, he ''lost his head" completely when
he discovered the tails OF his garment OH fire, and
straigltway began to take OF his boots, evidently
laborlng under tile impression that he was on o
bdrning steamer and was determined TO swim
ashore III an costs, His fellow clerks finally came
to the rescue tore or the burning article and threw
it into the street, where It lay wasting rs smoky
sweetness on the desert air for All hour or 30. TO
the delight Of q gang gainins, who endeavored 70
save lew shiny buttons from the general wreck.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
NEW YORK CITY, Dec. 10, 1870.
Italian improvements mt Rom.
Ia THE ENRON ar THE UEPAtn


NEW YORK, Dec. 10, 1870.
Here Is GOOD answer to Bishops Manning, spal-
ding, McCloskey and Company. BY decree of goth
November last the Italian government has ordered
the drainage Of the Pontine Marshes and appointed
committee OF the most learned and experienced
engineers oil lta; TO work olt the scneme All who
are familiar with Italy know what a great evil the
sWamps OF the Agr0 Romano have been for q long
course OF centuries, and that the Roman pontllfS
nave never taken any eccnt steps 10 destroy them.
AN ITALIAN CATHOLIC,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-15
CITY COURT.
AssnuIt and Rnttery.

uuO bNIterys
EdDdrd ROuhdn us. John For-The plaintiff
Drought suit to recover $1,000 for injuries alleged To-
nave been sustained by him in an assault committed
by plantiff. The circumstances were reported in
the HERALD OF yesterday. and the Jury rendered q
verdict IN FAVOR OF pantin, and assessed the DAM
ages at six cents.
Alleged Breach Of Promise.
Anne s. Morgan rs. Dautd A. Svme-This case
In which the plaintiff sues to recover damages in
the sum Of $4,000 for breach OF promise OF mar
rage, was tried last spring. when the jury disagreed.
Al that time the evidence was reported, and on the
present trial 1t does not differ materially from the
original. The plaintiff alleges that the defendant
seduced her under romise oil marriage and having
failed to observe his promise she brings suit to
recover Tor the Injuries resulting thererom.
Case still on,