davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-12-17
THE sEvEN-rHlaTY BOND CASE

William Erockway yDischnrged-Colonel Wood
ut Fault.
The examination in the case of the United States
VS.. William BrocKway, which has so long engaged
the patient attention Of Commissioner Osborn and
the astue, interested ana persistent prosecution Of
ex .chier detective Colonel Wood, resulted yesterday
in the discharge Of the defendant Brockway and the
consequent vanishing into thin air OF the Coloners
anticipated reward oI $15, 600.
The case for the prosecution having closed on the
previous day and counsel for the defendant having
moved for the dismissal OF the case the ground
that the statute OF limitations had taken the
OF the court, the Commissioner yesterday, after q
brief OF the points raised for and against the
mo u0n,
DISCHARGED THE PRISONER
Commissioner Osborn held that the pont raised
by the Assistant District Attorney, that there was
no limitation to bar proceedings for forgery, was
not well taken Judge Cadwalader, In the Wonder
smith case In charging the jury construed the act Of
$780, and decided tht forseres and other feonies In
subsequent acts where The punishment is not capital
came within the statute Of limitation Of two years,
except those crimes specially excepted. The other
point raised by the prosecution, thai the prisoner
within two years fed from Justce-that Is, fed from
New York TO avoid punishment or arrest for an
offence alleged to have been committed In the
Northern district or New York, where one Lowell
claimed to be the compalnant--the Commissioner
declued IHab t,e evidence bearing on ttaC p0inC,
and the Want OF evldeGce that there was warrant
for or information logged against The prisoner
before any magistrate, dld not prng Jhe case within
the meadlng the law, and he could not JeOpardlze
this mans nberty on such nimsy ana imaginary
proposition OF law and would not consider the point
further on that branch OF The cise The C0minls-
s,oner SAID that patent investigation OF the au-
thoritlcs and the statutes clearly convinced him
that the offence under investigation, having been
committed IN November. 1851. and no criminal pro-
ceedmg having been instituted against MIN until
about len days ago was undoubtedly barred by the
statute OF limitation and the prisoner was en-
tilted 10 his eedom, and he therefore ordered that
he be discharged from custody.
Mr.. Brockway was congratulated by number OF
friends who have Interested themselves IN the pro-
ceedlngs from the first to the last, and VINO were
prepared TO testify TO the question Of his absence
from his home on most legitimate business at the
time that 1t charged by Wood that such absence
was iceing from Justice
And thGs The great seventhirty bond counterfeit
case ended, so far as the late attendants supposed
connection with 1t was concerned.
The New York herald., 1870-12-17
ATIENPTED MURDER.
A Midnight Shooting ARRAY in DroolSiyn-A |
Woman I'm the Case.

A Midnight Shooting ARRAY in Drooklyn-A
Woman I'm the Case.
Just before one O'Clock yesterday morning the
sharp report OF pistol near where officer Fallard,
OF the Second precinct, was patrolling his beat
aroused that guardian Of the pubic peace from his
dreamy reveries OF future prosperity or Ill luck to
the realization OF the fact that there was
SOMETHING RADICALLY WRONG
In that neighborhood. He looked up the street from
whence the sound proceeded, and by the aid Of the
gasllght deserted two men struggling upon the steps
of No. 90 Fulton street. Fastening to the place, he
seized both parties, one OF whom held portion OF
q revolver in his hand; but the men were much
excited that it some time before he could learn
the real situation OF affairs. He could sec, or was
led at once to the conclusion, that there had been
AN ATTEMPT AT MURDER,
but he was unable to discover any blood.
ssWho IS sLot ~ said the officer.
sThat man shot at me- SAID one or the men, point.
Ing the other who held the stock or The revolver
In his hand.
They were taken to the Second precinct station
house. at the corner Of Jay and York Streets where
liam XIX, who has good reason, rs he asserts to be
JEALOUS OF HIS WIFE,
and the man who shot at hlm was Austin Nolan, o
tailor whom RiX accuses Of being his wife's para
mour. they have not been living together for some
time past. Rix says he called al the house No. 90
Fulton street Yesterday morning for me purpose . Of
door. Seeing who 1t was Nolan pushed him
back, drew his revolver and fred directly at
his head. Rix struck his arm and the
ball went whizzing by his head, the powder singing
his hair. The chambers Of ihe pistol then dropped
out upon the stoop. Nolan then, as alleged. struck
Rix over the head with the stock OF the pistol Rlx
says the house which Ills wife keeps ireguenled by
young girls of questionable character, and he was
anxious to remove his children. Both men were
taken before Justice Walsh yesterday, when they
engaged counsel, and the examination OF the case
was set down for to-day.
The New York herald., 1870-12-17
COURT OF GENERAL SESSIONS.
Before Recorder Hackett.

Before Recorder Hackett
Larceny of Pacific Railway Bonds.
Gilbert W. Thomas, who was charged with grand
larceny. pleaded guilty to an attempt to commit
that offence, under advice Of his COUNSEL MI. Howe
The Indictment charged that the 18th of April the
accused attempted to defraud Dabney Morgan Il
Co.. brokers, at % Exchange place, out Of $62, 600
worth OF Kansas Pacific Railroad bonds. 1t seems
that the day In question an order was
sent Tor these bonds by p. Thomas & Son,
brokers, at No. AZ Exchange, place, and that
JACOB Ii. Ritter, an empioyc of Dabney, Morgan
Co., handed the bonds to the prisoner, who
SAID he would return in moment with q
cheek Tor the amount. He did not, however,
return with the check or the bonds, but escaped
through back door of the Office. Most OF the bonds
were recovered aud as there was q legal doubt re-
spectng the ability OF the prosecution establishing
the crime OF grand larceny, the prosecuting officer
concluded to accept the plea which The accused,
through his counsel. offered. The Recorder imposed
tile highest penalty the law allowed, which was two
years and SIX months Imprisonment III the State
Prison.
ANOTHER MURDER CASE.
The case Of Michael kearney, charged with homo.
eide, was on the calendar, but OWING 10 the absence
Of Important witnesses the trial could not proceed.
It wes set down for Wednesday next.
The New York herald., 1870-12-17
TEE NORFOLK STREET HOMICIDE.

Morris Kchr Sentenced for tho NIanslnuaLter
of Conrad Ocstrcicher-Thc Law with
| Regard 10 Mansia aughter-Iiccorder Haclett's
Pertinent Remarks 1here0n-A Change I'm
| the Law TO be Pressed in tho Legislature
| The Prisoner Sentenced to Two Yeurs mt
| Sing Sing with Hard Labor.
! AT tho opening OF the Court OF General Sessions
yesterday, Recorder asckett presiding Norris Kehr
who pleaded guilty lew days since 10 nanslaughter
in tho fourth degree, was brought up for sentence.
lie was indicted Tor causing the death OF Conrad
Oestrcicher on New Years night In an ARRAY among
some Germans at lager beer saloon In Norfolk
street.-The fun particulars OF which were given In
the HERALD at the time of the trial.
PRorFsR or TESTIMONY OF GOOD BEHAVIOR.
Judge Stuart intimated 10 the Court that he had
witnesses IN attendance to prove the revions good
character OF the prisoner but upon receiving an
intlmation from the bench that such proof would
not alter tho Judgment about to be pronounced he
would not call them
RECORDER HACKRrr ON THE LAW PUNIsHMENT
FOR MANsLAUGHTER.
Recorder Hackett, In passing sentence said
ca1n reconcile IL to ray sense OF duty, where q
takes the life or another, that should, under
any circumstances, modify tn, term OF imprison-
ment, or upon the ground that the man had
prior to the homicide borne good
character. man may commit an atroclous
HlulucI, duu ycI nave DOTuc uueACcpuOudDiy
good cnaracser before that. intend to recommend
10 tae Legislature TO alter the law respecting the
punishment for homicide. IL seems to me strange
ana inconsistent that IN ordinary offences, such
enbe1llcmeut. faise pretences and such minor
oIcces that The Court mas IL III It's power to visit The
offender with imprisonment III the State Prison Tor
the term OF i've years, but whore party IL con-
vcted OF the fourth degree or manslauehter the eX-
IRENE penalty is only two years. This seems to be
an anomaly. And In view Of the daily shooting and
cutting arrays prevailing In this community OF late
/ think 1t highly important that In cases Of man
slaughter the law should be changed, making the
penalties more severe. and giving discretion 10 the
judge. think that manslaughter In the third de-
less than i've nor more than twenty years. and that
the punishment for the fourth grade OF homicide
should not he less than i've nor more than ten
years.
SENTENCE OF KEHR.
These being my views sentence Kehr to the full
penalty prescribed b. law, namely, Imprisonment in
the State Prison Tor two years at haru labor.
The New York herald., 1870-12-17

replied that she could ge and live with Harry and
her; don't think that Mrs. Taylor said anything in
repy my motive In allowing the spirirualtstc exit
btion In my house was TO show my children the
folly OF 1t.
THE ADJOURNMENT.
The examination OF this witness having been con-
cluded at point the further hearing OF the case
was adjourned TO Monday, at eleven O'Clock. The
day was spent by the counsel engaged IN geng over
ana over the points OF testimony, and the Surrogate
was compelled TO listen to great deal Of twadde
ana any number OF bad Jskes, and several times
the legal squabDle. IL Is expected that Mira. How
land the younger tKate), will be examined on Mon
thrown ON this singular mystery OF Mr.. Joseph b.
Taylors Intentions In regard to the DISPOSAL OF his
large fortune.
The New York herald., 1870-12-17
T HE COUR T S.
Business in the Court Of Oyer and Terminer-
Writ Of Error in the Case Of Lawrence Sulli-
van-Larcsny Of Pacific Railroad Bonds.
COURT or OYER AND TEaaIAEa.
Disp0slnR Of Cases ON the Calendar.
BEFORE IndQe Cardozo.

DtspOsln0 of Cases ON the Calendar.
Before Judge Cardozo.
At halfpast ten O'Clock yesterday morning the
trials OF criminal cases were continued In this
court.
SENTENCED TO TEN YEARS IMPRISONMENT FOR
HIGHWAY ROBBERY.
On Thursday William Barr, q lad who had seen
twenty summers, was tried for highway robbery,
the complainant, Patrick Jourdan, bartender, tes-
tifying that at about i've O'Clock on Thanksgiving
morning the accused knocked him down In the
street and took rom his pocket 50 25.
The prisoner testlfed IN his behalf that on the
morning in question he had been drinking with the
COMPLAINANT aud that row took place between
them. resulting in lght. lie, however persstcntly
denied having stolen anything.
The jury retired 10 consider their verdict at noon
and not being ab o to agree were lock up all night
On the opening Vi the court yesterday morning The
Jury, who looked sleepy and hagsard returned u
vcldicl oi gulty, villa a recommendation to mercy.
The tourt then discharged the jury, regrettltig
that, owins to so.ae irreguerity in the engine room,
night.
ln sentencing the prisoner the Court said in con-
sequence OF the Recommendation OF the lury he
would reduce Tue punisl.nclL one.haT and sentence
nm 10 ten years IN the State Prison with nard labor
STEALING A TRUNK.
Frederick See, a. carpenter, and Charles Proh q
painter charged with stealing Crlnk and contents,
pleaded gnlty but saiu IN extenulion that tney
CRIME.
The Court sentenced them to three years. imprison-
A LiNGuISr SENT TO SING SING FOR TWO YEARS.
Charles Ieael, who said ne could speak French,
Italian or Spanish but not Engiish aad who pre-
sented respectable appearance, was put TO the par
on an iadctment charging him with an attempt to
commit burglary
Tnc prisoner said, through an interpreter that he
was compositor. mad worked In the city eighteen
months and mad never been arrested before.
The Court sentenced him 10 imprisonment in Sing
Sing with hard labor for TWO years.
Jane guigey, rough, cOarselooking woman OF
twenty-five summers, attired In a shabby shawl and
dirty cotton dress, was then called to the bar
charged With roOoing man Of forty dollars.
Essential Witnesses lor the defence not being pre-
sent the case Was put over Till Monday.
Tne court lnca adjourned.
The New York herald., 1870-12-17
SUPERIOR CGufT-SpECIaL TERM.

Before Judge Mcneil.
James G.. Edge0 u.s. charles s. Westcota-Order
granted.
JOHN Sdnderson u.s. Asher Me, ct aL-Order
granted.
Anna n. Rengey cs CHARLES JenAer ct ol.-Refer-
encc ordered
TlRip S. Justice rs. Wm. b. Ldng.-Order
granted.
Ju,nes Pech,n Vs. Thomas Standardization
denied.
Hamilton K1tddicE IS The Wh,te Parent Lerer
Truss Coanpdny.-Refcrence ordered.
Beid ArteS rs. Dt60tS Snlith.-Order granted.
Warpttn1 q Mod Us. A7aTeio S. TIO7.p Ell at.-Or.
der granted.
Ellen Le,cts us george NeuschoJer.-Order
granted.
Before judge Jones.
Theodore z Allen Us. Samuel A. Sdacyer.-Motion
denied.
asa Hal US. John Er1nlors ct Ul-Motion denied.
august H. Ritter Us. Samuel Phttli)S et dl.Iind-
ings and Judgment signed.
august Ritter Us. Margaret Ktegler.-The same.
The New York herald., 1870-12-17
SALE Of OIL palaTlEas.

At the second days sale Of paintings, in the sales.
room OF Mcssrs. Johnston Van Tasscl, the bidding
was yesterday very spirited by parties eager to
secure the gems OF the collection. Faulkner's fine
picture, "Tne Mountain Torrent" was knocked
down to Mr.. C. L. Frost for $1,010; Cropsev's
"Grcenwood Lake." to Mr.. Stanton, for 400; Will
martins peaches" brought 1885, marine, by
~. Il. Richards, $40; Fauikners "Loch Lomond," I"
$75; landscape by 8. II. clifford, sl07; land
scape by j. NJ. Hart, $780, and Sky or seventy other
pictures were sold ar comparatively fair prices.
on the whole the sale was Of the most success
ful Of the season. the total amounting 70 oyer t2QQ
The New York herald., 1870-12-17
The Street Letter Boxes.

To THE ED1roE OF THE HERALD
In recent impression Of your valuable paper
you took occasion TO caution the pubic against
leaving newspapers on the top Of the matt boxes SO
often met with on street in parts Of
the CITY, as sucn papers seldom or never reached
their destination. | understand, too that you have
frequently referred to this matter IN your columns,
and Oa revolving IL IN my own mind nave often
wondered why the said boxes should be constrncteu
Tor letters only aud not for newspapers ana sinau
book PACKETS as well. Or course Al the aperture In
these Zones was large enongn newspapers coulu
be posted III them III addition to letters, Dut
US ta5 cannot be d0ne wil.e tnei regain
as they presently are, person5 who maze news
papers 10 post either with or Without letters, must
n maay cases be badly put about more e5pcci- :
uly is the nearest Post Olice Will be iOunu 10 DC
some Il stancs from the street letter box. III Eng
land, wbere aue postal arrangements generally are
OF the c0uplee KIND ole finds that cnls ques
ton .oucuilg Gle pillar boxes, as lney are cai'cu
there las not beel overlooked, and II the autnorF
ties having charge or this department OF tue gov
ernments operations here wish to confer Doon 70 q
on the puoc at iarge believe they could noe 90 is
better taan oy giving this matter the attention ~
81 0aaAatslaa xQ4Esas l..t.. .s AAAXea5
The New York herald., 1870-12-17
BROOKLYN COURTS.
SUPREME CoyaT-GEHgaAL Term.
A Contested HMI-S70,0OO Involved.

Before Judges Barnard, Gilbert and Tappen.
Thomas Re0an Us. James Young and Others
This case comes mp on an appeal from the decision
Of the Surrogate to set aside the will OF owen
Regan. who died on August 81, 1889. The deceased
lefe an estate worth about $4,000. He had q wife
(DuL no cnildrenl and brother and three sisters.
The allegation is that for several years prior TO his
death he was heavy drmker, and passed the
greater part OF his time IN the saloon of Ills brother
ln-law. Joseph Toury, who is party TO this CASE
On the 10Th OF August, 1859, during an illness, he
made wlil, ana on the olst he died. For some
eKs4 H tHe cQHtestanIs that While ln this stale he
The New York herald., 1870-12-17
SUPREME C1u2T-caaM3EsS.
Writ OF Error in ihe Case OF Sullivan
Rpfnra Inann Inrrahnm

Writ OF Error in the Case OF Sullivan.
Before Judge Ingraham.
Application was made by Mr.. Hummel for writ OF
error IN the case OF Lawrence Sullivan, found guilty
OF the murder OF John 0'Bren, and sentenced to be
hung the 2)th Of January next. The Judge grant
ed the writ, tile same being made returnable before
the supreme Court, General Term, on the third
Thursday OF next January
Decisions.
BY Judge Ingraham.
Thomas Murphy et al. 0s Philip McCaDreV ct al
The motion to strike ont name, &C., is granted with
leave to the plaIntif to answer the complaint
stating taat ne refuses to allow his name as exocu-
tor 10 be used, and making nm defendant eXecu-
tor rs wei as in h5 own right. The plantis COSTS
or this motion 10 abide event.
BY Judge Brady.
In the Mater or the Clatm Of Martin L. Ftnch rs.
The Estate OF Reuben Loloel1, Deceassa.-Report or
referee confirmed, COSTS and allowance refused.
The New York herald., 1870-12-17

was prevailed upon to sign prepared win and exc.
cute deed In Toury's favor for house valued at
$4,000. There were other provisions inserted in the
VIII. so that some $4,000 additional were be-
0ueathed TO TOury. On the part or Toury, IL Is
claimed that the deceased ten days before his DEATH
told q Mr. Cam, and In the presence or other wit
nesses, that he intended to provide for his brother
ln-law.
Decision reserved
The New York herald., 1870-12-17
TIE SPECIAL CENSUS.
Tae Work Actually Bccun--Swcnr;ng in Ad,
GitionaI Deputies.

Yesterday the Office OF Marshal Sharpe was be-
sieged by large number of applicants for
the position Of special deputies to take the
special enumeration OF the city. About 100 were
sworn in and received their Instructions as to the
manner o. recording the names. Ole disuict-tho
Nineteenth, vi the eleventh ward-has Already been
compeled ana the deputy, Richard Waio ssK, finds
the popuati 10 be 2S, There are still about forty
deputies to De appointed, and the enumeration VIII
be proceeded With ut once
The New York herald., 1870-12-17
THE CALLIC0T CASE.
Arguments ON the Motion for o
Writ OF Habeas Corpus.

Callicot Refuses to Accept the Presidents Par
don-was the Conviction an Illegal 0ne-Mr.
Justice Nelson's Opinion Tempered With
Statements Of Mr.. William 0. Bartlett
and District Attorney Tracy
Decision Reserved.
The New York herald., 1870-12-17
CITY COURT.
Alleged Breach Of Promise,
Before Judge NcCue.
Decision reserved

Annie s. Morgan vs Dautd Lyne-The plaintiff
in this case whi,h has been reported in the HERALD
sues to So 900 damage for alleged breach OF
promise OF marriage The case was concluded yes
erday when the jury rendered verdict in favor OF
plaintln.
The New York herald., 1870-12-17
An American Catholic to nm Italian Catholic.
NEW YORK Dec. LIZ. 1870.

An American Cata0Iic TO an Italian Cataolic.
NEW YORK. Dec. l6. 1870.
To TIE EDITOR OF THE HERALD
In your paper Of yesterdays date noticed let
ter signed by an 'ltalian Catholics" From the tone
of his communication il appears that he thinks the
Pope benefited by the usurpation OF his territory and
the loss Of the temporal power. In the Papa sylla
bus which was ADOPTED by The last Council 1t Is dis
tnctly affirmed tnat the temporal power is necess-
sary to the Pope, and II he be true Catholic lie
must believe this. Even Ia human point OF view
Is very modest FOR the wrlte OF that letter to set
himself against the oDnion of The Council composed
OF men who have devoted their whole lives to re-
ngiol?
The disrcspectful and insulting way in which he
speaks OF our venerable Bishop and other eminent
prelatcs as, ''aannipy, opaldinS, McCoskey and
Company also deserves ccnsurc.
The writer o. that letter, although signing himse
an Italian Catholic Is rot Catholic at heart Let
him remember the words Oi our blessed Redeemer-
'.He mat Is not With me Is against Ine.n
AN AMERICAN CATHOLIC.
The New York herald., 1870-12-17
VOICE OF AL PEOPLE.
Butler and Earrns ut-.Whnt Has Eeccme of
the New Orleans trizc Claimss

Butler and Farrns ut-.Vphnt Has Become OF
the New Orleans irizc CIaimss
To THE EDITOR OF THE UERALD:-
An organization has been formed in the city OF
New York Tor the purpose OF erecting monument
TO the late Admiral Farra,ut. While every true,
patriotic citizen must favor TINS movement In honor
OF the ilastrous hero, l would ask If senetnlng
practical cannot he done by The gentlemen VINO
form this society towards obtaining for the widow
Of the Admiral ana others the prize ami bounty
money Tor rebel vessel, destroyed and captured on
the hllssissippt river at the time New Orleans was
taken, Aprli "a ana Is, 1852. Tie Admiral
placed tne clam IN The hands OF General
buGler, and J regret 10 say that he has been very
dilatory in bringing 1t 10 settlement. Perhaps tie
Will say that NJ lad II before Judge Wye. that
lie decid adversely o It, THIS was done
Of the nfDrnailty OF the claim it was pre-
sented, ! would Ike TO know what motive mis-
distinguished hero OF Dutcn Gap noLoriety had in
laying the claim before the court in an informal
manner, ana call upon the gentlemen In the above
enterprise und on the press OF York 10 vindicate
our cause and insist that justice be done The no lie
dead and those tAat had the honor to serve under
him. Very respectfully, &c.,
THOMAS II. LAWRENCE,s
late officer OF the United states steamer Varuna.
Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1870-08-04
UNITY CONVENTION.

In this paper appears call for n
County Convention Of Republicans, to be
held at Dodseyille on Friday, August
Doth, for the purpose of choosing dele
gates to represent Iowa County in the
Congressional Convention at Spring
Green on the LIST OF September.
This call will be published weekly IN
the papers of the County up to the day
Of Convention, and all the people inter-
esled will have an opportunity Of know,
lng about it. We hope the Republicans
OF each town will give the matter atten,
ton, and see that they are fully and
fairly represented in the County Com
vention; that their wishes and desires in
regard to who shall be nominated for
Congress may he known and have their
proper weight The people as a whole
are too Indifferent with regard to these
primary matters often failing to have
their towns represented at all, or else al
lowing few interested parties, without
authority, to straggle into the Convention
about the time of assembling and secure
seats their as delegates; with power to
cast votes for people who know nothing
of what is being done, but who too often
find after all is over, that they have been
made, by these self-constituted delegates,
to give aid to the very schemes of polit>
ical wire-pullers and olice-seekers that
they wished defeated In such cases as
these, who is most to blame? The people,
having the power to prevent such things,
it is their duty to exercise that power,
and if they fail to do so, tho evils that re-
suit are directly chargeable to them, and
it is but just penalty that they should
suffer the consequences, as they usual,
" do,