davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-04-24

AdEp ELopERs.--Ap OLD man named Aeker, aged
seyenty.eght years residing in Erie Pa became
enamored OF buxom widow, aged forty five and
eloped with her on tuesday, leaving his wife, aged
seventy TO shn for herself The elopers were over
hauled N Cleveland.
The New York herald., 1870-04-24
Au Appeal from Virginia.

In Loudon county, Virginia, there Is a district
thirty by twenty-five miles IN extent, IN which there
Is no church. This region during the war was
desolated by both armies passing and reDassing, so
that only the land remains. The Inhabitants are in
q state OF great destltutlon and ignorance. Two
years ago several ladies' collected IN IA small
instruction and church service. Their Efforts were
received with great interest," the people coming from
great distances even nitecn and twenty miles. The
schoolhouse became too small for the congregation
Contributions were sent from Washington, Bait
more, Troy, Albany ana other places Tor commence
ing q small church edifce. The people OF the dis
trict. not havlng money, gave their labor. fhe
church IL now ready for the roof and contributions
afe solicited for this purpose. They may be sent 10
the authorized agent, ;. II. Faller, DoX 81 The EX
position, 35 and 37 Park place.
The New York herald., 1870-04-24
PARIS FASHIONS.

The First "Fine" Sunday OF the Season
On the Turf at vincennes-Scenes ON
the Road--The Prevailing COiors III
Silks and Satins--C Concert and Din.
ner C0stumes-In the Theatre
Eugenie's Toilet Napoleon
at q Royal Entertain.
ment-New Hats.
The New York herald., 1870-04-24

The Armcno-Ca;hoiic Secession from, Rome.
The Levant tConstantinoplel Herdld. OF March 30,
publishes the following important church news:--
"The Porte has definitely sanctioned the Armeno-
Cathoic secession from Rome, by authorizing the
anti-Hassounitcs to employ new corporate seal IoI
their separate chancery, and 10 elect special coun
ell 10 Professionally administer their affairs pending
the choice OF separate spiritual ana civl cnief
The new council was chosen al meeEJssS ~ the Sc
ceders held on Sunday, and consists OF I'VE mem
befs, under the presidency OF Dinran Be11&
The New York herald., 1870-04-24
papal Relations To the Armenian Church.

IL Is stated tEngIand ADril 81 in u letter from
Rome that Mgr. Pluym, the Pontifical envoy who
was sent to Constantinopie TO qaell II possible. the
outbreak IN the Catholic Armenian Church, has for
warded report TO the propaganda, In which he
takes somewhat desponding view OF the prospects
of reconciliation. lie states that Russian agents
are at work among the schismatc5' SO probable
action OF this Kind considered from the first that
the Danger OF Russian influence being prou2ht 10
bear upon the sehsmatics was dlstnctly&'leaded by
the French ambassador as Justltca;it or his IN
reference on behalf OF the clergy an1ypnlty whose
Indignation was reused by the alleged surrender
the part OF the Patriarch Hassoun, OF the ancient
privileges Of the Church.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
COURT CALEADARs-THS DAY.

OYER AND TERkIsER AND SUPREME COURT
CIRCUIT.-Part 1.-Before Judge Cardozo.-NO CIR
cult calendar. Criminal business:-The People Va.
Frederick Lee, robbery; Same Va. Charles Jones,
robbery; Same vs.. Michael Kerrigan, robbery; Same
vs., William Wood, burglary; Same vs., Charles
Pelaez, burglary; Same VS., Isaac Rosenthal bgamy;
Same VS.. Frederick See and Charles Proh grand
larceny Same Vs. Thomas Adams grand larceny;
Same Vs. Jane Quigey, larceny from the person;
Same vs. Annie Moran, larceny from the person.
Part before Judge Van Brunt-Short Causes-NOs.
4S8 4S2O, 1910 1920 $685. $685. $780, 7l0S 7214 no.
7l7e 6o3e, 72l2, 1883, 1925 5434 71es, 74a2 74so,
1885, 1850. 7442, TAO, 1850, $3.50, 1874.
SUPREME CoURr-SPEcIAL TERM.-Held by Judge
Brady.Nos 81 80, Is, 14o, 80, 49, 49, lat, l4s 149
$50, 1862. l53 1854, 1885, 100, 1877 1853, 100, 148.
SUPREME CoURT-CHAMBERs.- by Judge
Ingraham.-Nos. 94, 90, 181, goa, 239.
SUPERIOR COURT-TRIAL TERM.-Part before
Judge Freedman-Short Causes.-Nos. iii, S9S,
1lo7, 929. 110l, s67, 1918, l147, 1859, 1851
CoAMoN PLEAs.-Part before Judge DAILY
Nos. 314, 270, 49, los, $780, 100, $780, 400, 46l 241,
466H 161 S97 316, $780, 49, 207 249 $685. l2S $780, 800,
81, $40. 221, 403 453, 245, 1893.
The Equity calendar will be called before Judge
Robinson In the General Term room.
COURT OF GENERAL SEssI0Ns.-Before Recorder
Hackett.-The People vs. Michael Kearney, murder;
Same vs.. Gilbert W. Thomas. grand larceny
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
BROOKLYN CITY COURTS.
UNITED STATES cIRculI cnuRI.
The CaIIicot Case-Was the Conviction an
Unjust Once

Tho Callicot Case-Was the Conviction an
Unjust One 2
Before Judge woodruff
The argument on the order for the government to
show cause why writ Of habeas corpus should not
be granted In the OF Theophilus @. Calcot nov
in the Albany Penitentlary, to have been heard
yesterday morning, but Mr. Bartlett counsel for the
prisoner, failed to appear He was engaged In New
York ct the time.
District Attorney Tracy said that he thought that
this matter should not be allowed to hang much
longer. The prisoner had been pardoned, but
whether he remained IN confinement from choice
Mr. Tracy was not informed.
Judge woodruff said that II the District Attorney
desired to move IN the case he could do 80.
Mr.. Tracy replled:-I do not desire to take a de-
fault for this reason: There has been, 1t seems to
me, by concert. effort TO create impression in
ousy convicted Of the offence tor which he was
fenced. am prepared on all occasions to meet
that allegation whenever IL arises and to demon.
strae that he was not only legally tred but that he
deserved the conviction and sentence TO prison for
the term which he has served out, and from which
he has been pardOned on account OF his inability to
pay the fine of ten thousand dollars imposed upon
him. Therefore, while counsel or any one else are
seeking TO create public impression that any error
of any description was committed that trial In
his sentence, whether that error be refuted by
vote OF habeas corpus or not, do not desire to put
myself in the position OF taking default against
the prisoner, such allegation not occurring in q
willing to take the direction Of your Honor, am
disposed to move default or take the order on my
own notion
The case was then postponed until this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
marine COUaT--pAaT 2.
A Clerical SANDER.

Before Judge Joachimscn and a Jury.
Peter s. Jones Us. Jay S. BacEus.-ThIs action,
which occupied three days and until eleven O'Clock
OF the night of the third, concluded by verdict
in favor OF the defendant.
synopsis OF the origin OF the case was given In
Tuesdays HERALD, but to recapitulate: appeared
that the plaintiff, Baptist Clergyman, while tenn
porarily administering in the Buffalo Bethel sought
permanent employment therein Of samuel II. Hall.
OF the secretaries OF the Home Mission Society.
Before using his influence for the apple mt Nj.
Hall called on the defendant, Baptist minister
III the Baptist denomination, and IN answer to
which the defendant made use Of the w0rds:-"He
Is depUSed minister OF our denomination, and has
lost his ecclesiastical standing thereln.u These
preSSions were communicated To the paIntin by DIR.
Hall, ana which the plaintiff construed as libelous,
and thereupon sued the defendant, laying his
damage at $500. Dr. Hail was the first witness
placed upon the stand by plaintiff who testified that
the defendant made use OF tue expressions COM
planned OF or words TO that effect. Several wit
nesses were called by painu1 to testify as to the
erect the alleged ibeous words might have on the
the plainti, all agreeing that they were derogatOy
to his ecclesiastical standing. The defence set up
was that the words were privileged. being The re-
suit OF the finding OF Committee Of Reference who
sat TO hear charges preferred against The plaintiff
while administering as Baptist minister In Hydevllle,
Vermont. Judge Joachimsen, In a very learned
charge, said that II the words complained CT were
spoken by the defendant and were uttered In the
discharge OF any official duty they were privileged
and not privileged but true. the plaintiff could not
recover; that ~ case they were RVt true, and that
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
THE TROWBRIDGE WILL CASE.

A New Phase Of the Case-Is the Partner Of
the Executor tablet
The Trowbridge will case is again before the Su-
preme Court at Hackensack N. J. 1t Will be re-
membered that the late Joseph A. Trowbridge left
considerable property to his wife, appointing
speer Cumming executor OF the estate. This
gentleman was Q member Of the firm Of
Alden, Cumming Co., who had quite an
extensive business in the 'Swamp" as hide and
leather dealers. The firm dissolved partnership on
the 1st Of March last. Mrs. Trowbrldge now sues
Cumming Tor $4,000, which she had deposited In
his hands for Investment as executor.
Mr.. cumming claims that the moneys
were deposited in bank to the credit OF
the arm Of Alden, Cumming Co.. and
were drawn out from time time for the use OF the
firm. Mr.. Cumming had been sued for this money,
and judgment was obtained against him by
default, but the judgment remains unsafisfed. AS
Mr.. Alden, the senior partner Of the late hrm, Is
wealthy II is said the plaintiff now seeks to make
him party to the transaction. Mr.. Alden's defence
is that the money was not put in till tho 14th or
March, whereas the firm was dissolved two weeks
previously. The books OF the firm. 1t Is alleged. show
that Mr.. Cumming was indebted to a great extent
to the firm at the time OF the dissolution, and that
there was large sum due TO Mr.. Alden at that
time. Thus the case stands. 1t Is expected to be
concluded TODAY.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
ssBEER SUCKERS AVID ASSiSSIyS.y

An Editor Charged with Libel-He is Held to
Bail.
J. G. Michaels the editor OF the Lata-n, a German
hebd0mada published in this city, was arralgned
yesterday afternoon, at the Essex Market Police
Court, before Justice Ledwith on charge Of libel
preferred by John H. Bieling, Of 1873 East Hous.
ton street, president Of the Hldise
Bund Society. The alleged libel the
complainant aflrms, is contained in the following
article, published In the the paper named on the
9th OF November last, and translated into Eng
lish:-
''Question-Of whom do the officers Of the Hlldise
Bund cOnslstp Answer-But OF beer-suckers, assas-
SINS runaways scOundrels and scamps, who have
left behind them In Germany their wives and chill
fraudulent bankruptcies In Europe.'
The afidavit states that such words are utterly
false and untrue IN every and all particulars, and
that the said editor In printing the same knew them
to be false and untrue, and that they printed
for the purpose Of injuring deponents reputation as
private citizen and the members and officers Of
said society. Michaels gave bail to answer the
charge.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
A DEEP MYSTERY.

Some Fncts Concerning the Body Fonnd In
the Water at Reckway.
The Coroner's inquest on the body OF the man
stated to have been found dead at Rockaway on
Wednesday reveals some curious facts the pooy
was not found at Rockaway, but az
place on the Rockaway road known as tne
Halfway House, In the. township o. Jamal Uss
The head was submerged In water, while the Douy
swayed to and fro with the currenk inc man
proves to have been resident OF New YORK. naneo
Parker. He has a brother residing near where inc
body was found, and the most friendly reauons dld
not exist between them. About three weeks ego
Parker arrived at this place and stated that ne nad
come to make trouble Tor his brother Ae reused e
to 60 home with his brOthers put laher III
the night consented, asking that he be called at
three O'Clock In the morning. When he mad gone
traces OF blood found about the house, and mis-
coat and hat badly torn were found on the ROAD.
Search made for him, but he could not be found
and II was not till Tuesday that the body was dls
covered. The head was terribly crushed, and there
remains no doubt he was gouly alt with. he hau
81 500 on his person when he LETT New York. hard
party known to reside in this vicinity, anu Y
find the perpetrat0r Of the crime would be diMcuN
i task.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
UNITED STATES CIRCUIT COURT.
COppering Over a WOrm-Eaten Plank.
Before Judge Benedict.

Before Judge Benedict.
John Foley rs. The Schooner Isabella, Her TACKLE,
GC.-The libel In this case was fled to re-
cover balance OF $56S "a for work done
and materials furnished to the Isabella at
this port in November and December, 1869.
The captain refused to pay, on the ground
that the charges were exorbitant and the work was
not done In o workmanlke manner, and he testified
that the libeant ooppered over some worm. eaten
planks instead of taking them out and replacing
them with good planks. The libellant and his wit
testified that the repairs to the vessel were
done in q thorough and wOrkmanllke manner, and
that the few planks which were wOrm-eaten were
cOppered over under the express orders Of the cap
tam In order to save expense, as he wished to tx
her up and rate her as copperfastened vessel, and
that the charges were fair and reasonable, as ia
usual In nearly all such cases. Some of the teSti-
mony was very conflicting and difficult to reconcile
After patiently listening to the summing mp OF
took the papers and reserved hts decision. Mr..
Langtree appeared for the ibellant and Mr. McGowan
for
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
SUPERIOR couaT-spEClAL TERM.
The DaIzelI-King Arrest Case.
Before Judge Mcneil.

The DaIZelI-King Arrest Case.
Before Judge Monen.
AUGUSTA DGlxeu u.s. James G. Kfn0.-In this case
an order for the arrest OF the defendant had peen
granted, to hold MIN to bail In the sum OF $1,000.
The bail was afterwards reduced $780, with leave
to apply to increase 1t to the original amount.
Edwin James, counsel for the piain.I1, now ap-
piled, upon aidavits setting forth the facts that the
defendant knew when he arrested Dalzel as his
clerk, and charged him with embezzng 800 600.
that the statement was fase He had the articles Of
partnership In his possession at the very moment
he MADE the infamous and malicious charge
and had introduced Dalzel 10 the bank as a partner
and had written to them that he was partner. The
counsel, In concluding. stated that he had had some
experience IN such cases, but had never read so
much spontaneous perjury as that sworn to by King
In very long experience.
Mr. Smith, counsel for defendant commended that
King did not consider that partnership ever ex-
lsted, although there was an agreement; that Dali
zell was clerk and had been entrusted with large
sums, OF which no account had been given, and the
defendant was jusli1ed in making the charge.
the Court reserved Its decision.
Decisions.
BY Judge Mcneil.
Wf1fan n. Hermann us Frank E s. Bech.-
Order granted.
c. H. Boeltn Us. E. Gdllin0.-Order granted.
Joseph @. freeman Us Christopher Flilce-Order
granted.
Frank Williams ps. The Eighth Avenue Ratroad
COnpdny.-Order granted.
:, Seymour w Marsh Us. / dacard Elstoorth ct al
Motion granted.
Joseph s. Priest Us. The Hudson Rfrer Railroad
Connpany.-Order granted.
Louisa Scott Us. Francis W. Baocock.-0rder
granted.
BY Judge McCunn.
Grenrsoe r. cap Us. John f. Derlin.-Case
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
PERSONAL NOTES.

new woman lecturer has taken the neld-Mrs
Emile pardee, OF South Norwalk, Conn.
Max Strakosch, the manager OF the Nilsson con.
certs, has sued the Rochester UnaOn for libel.
Among the members elect to the Illinois Lepisla.
ture are four brothers Of the name OF Casey.
The Hartford Post suggests the name OF Rev. Dr.
]. p. Thompson Of New York, as the successor Of
President WoOlsey In Yale College.
The Otsego IN. W Democrat says that william
@. Bentley Will contest the seat OF the member OF
Assembly elect In the Second district OF Otsego
county, upon The grounds that the ballots cast for
Tucker are defective, and adds that the statute Va
In favor Of Mr.. Bentley.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
UNITED STATES DISTRICT COURT.
An Interesting Copyright Casc-Imporfant 60
Artists.

An Interesting Copyright Case-Important "a
Artists.
Before Judge Blatchford.
Thomas Kelly rs. Patr-icE D. Fd,reu.-This was an
action brought by plaintiff to recover damages for
the infringement or q copyright The Facts adduced
In evidence were these:-
About 1910 Mr.. Huntington, the artist, painted an
ideal picture, called misery's Dream" founded
upon an episode in Bunyan's "Pllgrim's Progress"
This was subsequently reproduced by Richie In an
engraving which was distributed among the sub
scribers Of the Philadelphia Art Union, In $780, the
original having passed into the possession OF Miss
Carey. daughter OF II. c. Carey, the distinguished
writer on political economy. In 1853 Mr.. Hunting
ton, while In London determined TO paint another
picture having the same subject and the same dis
tribut1on OF figures, and varying only In the detail
OF the design. He had neither the original paint
Ing nor an engraved copy OF It, and he repainted
the subject wholly from memory TINS was, In Its
turn, engraved by Barlow, for Mr.. Huntington, who
sold the plate and copyright to Mr. Derby. dealer In
works OF art, who solo both to Crosby, OF Chicago,
OF Opera House fame who painted engravings from
the plate to distribute In his lottery scheme. the
plate next turned up In possession Of Kelly, the
painter, who Is o print publisher in this city.
The defendant confessedy published ltho-
graphic reprint OF the second engraving and II was
to recover damages for this alleged Infringement
that this action was brought.
The defence was that the engravings from the two
pictures were substantially alike land casual
and that the copyrights on the first having expired
q copyright could not be maintained for the second
which, 1t was claimed, was substantially the same
picture
Messrs- Huntington, Derby. Mcclure, and various
artists, dealers and Publishers were present. either
as witnesses or spectators.
verdict was given fer plaintiff for S3l5 Messrs
G. E. 4 E. Tracy appeared for plaintiff and Messrs
4. II. & q. w. Belts for defendant
The New York state Incbriafe Asylum Case.
The case Of DR.. John Hill Vs. The New York State
mebriate Asylum came up for trial. The action was
brought by Dr. Hill to recover salary due him from
the institution. Judge Blatchford instructed the
jury to bring verdict OF fty-one dollars In favor
OF the plaintlr. The jury SO tsund without leaving
their seats.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
NEW YORK CITY COURTS.

An Interesting Copyright Case-Qusstion Of
0wnership Of Teas-The Dalzell- King Ar
rest-The James Foster, Jr, Case
A Heavy Gotten Transaction
Clerical 6candal-The Two
Dycers-Heavy Sentence
In the Court Of Oyer
Na,. and Terminer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
UNITED STATES COMMISSIONERS COURT.

Captain Grindle ind His Sureties.
Captain Josiah s. Grindle, the commander Of the
ship Old Colony, VINO was held to await the action
OF the Grand Jury the charge Of nhumanly treat
ing Raymond Rau and France Frank, two Of his
seamen, appeared yesterday before Commissioner
Shields to give the Increased bail (S6000) liked by
of the accused; Sylvan U. Ho9en, OF williamsburg
and Frank L. Welsh, Of Brooklyn, became the cap
tain's securities.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16

This privilege is granted TO him, not because there
IL reason TO apprehend that he may not be fairly
tried In Albany but TO remove any possible doubt
that there may be fonndauon for his convictions
that subject. Ordered accordingly.
Boomer ps. Ne,1ton et aI-Motfon granted.
Gdlrey ct alps United States steam sugar Refining
C0mpanV.-Order settled.
BY Judge Cardozo.
Matthews u.s. COr.-M0tion granted and Snertns
bill taxed.
ShtmeaH rs. Sntnasau. may answer
In ten days,
Dressed Ell a. Us. Rdnots.-Order granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
CITY COURT.
A Lawyers ACRE ement.
RefOre Judge Nelson.

BcIOrt JuuRt NCllSOH.
Al0ert FRIES u.s. Jacob 0sengdrden.-PlaintiH
brought suit recover S513 alleged to be due under
the following circumstances: In August, 1867, he
sued Mrs. Mary A. Hotaling ana recovered judy
ment. Mrs- Hotalng retained defendant as her
counsel. and had written agreement with him that
IL she paid him the sum Of 5000 he was to be re-
spOnsible tor the result Of the suit This agreement
was produced In court Yesterday.
The defence was that Fries claim against Mrs.
HOtaling was fictitious One and further that that
lady absented herself from court when the case
came on for trial, SO that judgment was taken by
default. Defendant therefore held that he was not
LIABLE
The jury rendered verdict IN favor Of plaintiff
for the full amount claimed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
SUPERIOR CouaT-TaIAL TEaM-plaT 2.

Question Of Ownership Of Teas.
Before Judge Van Brunt.
Charles f. Hu u.s. John d. McKe,azfe.-In 1865
Wells Co.. tea dealers In this city failed. Previous
to failure the plaintiff sold them bill Of teas for
cash. These teas the defendant subsequently bought
and afterwards they were replevined by the plain
tifr, who claimed n0n-devery OF the goods on the
ground OF non-payment The question Is who owns
the teas and involves the taking OF considerable
tmOny. The case Is still on.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
MARINE COURT.
Two Dicers ut L0gserheads.
Before Indigo Gross.

Two Dfcers at LOg9erhendn.
Before Judge Gross.
Ethan ps C0rneH.-Piaintin complained that
meeting defendant In O saloon the proposition was
made to him plainuD to throw dice Tor ale, which
he acceded to. then for oyster suppee. and finally
for money, which, after some objection he engaged
in: that defendant won from him all his money ten
dollars and then proposed 10 him 10 "put up'' his
diamond ring, valued at ninety dollars which also
soon changed hands. The defence was that the
game OF chance was engaged IN at PLAINTIFFS s0lcl-
tatl0n.
Judgment for plaintiff.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16

ALBANY, Dec. Is, 1870.
The following Is the Court OF Appeals day calen.
dar for December l6:-Nos 106 10S, &c. 104, 1o7 no.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
BROOKLYN COURT CALENDAR.
COURT OF APPEALS CALENDAR.

CITY CouRT.Nos "a, 25, 46, SO, 81, Al, 4s, 81, IS,
lis, III, 125.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
SUPREME CoUaT-cHAMSEHs.
Decisions.
BY Judge Brady

James Fisk, Jr., Us. The Albany and SttSQuehannd
Rdtroad-Motion TO change place of trial granted
The change viii be to the county OF Albany, unless
the plaintiff prefers that 1t should be 60 Rensselaer,
county, In which case the trial may be held OF Troy
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
NEW YORK HERALD FRIDAY DECEMBER 49, 8o-TR1PLE SHEET

they affected the clerical status OF the plaintiff, the
plaintiff was entitled to recover.
After lengthy elaboration by the Jury they
returned into court with o verdict for the de-
PENDANT
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16

and the appeal claim that the dismissal was error
George n. Lee for appellant; J. X. Tucker for ap-
peilee.