davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-01-21
COURT CALeNOARS-THIs DAY.

UNITED STATES DISTRICT CoURT-IN ADMIRAL
TY.-Beiore Judge Blatchf0rd.-NOs N2, J. f.
Wright VS.. steamboat State OF Name; $50, John II.
Handy vs. steamer Franconia; "a, VIM. H TapscoIt
vs. steamboat s. II. Starbuck; 169 James Mott vs..
sloop ]. H. Abel: 03. Josiah johnson w. schOoner
j. M Mcmillan; 179. James Mott vs.. steamboat Mount
Washington; 1872 Robert A. Kerr vs. tug O. Baker;
ls3 John Foley vs.. schooner isabella 1T, John Han.
sen vs. schooner A. W. ThompsOn 1884, Patrick
Boyle vs. VIM. Beard Jr; 129. Carl " Tornvich VS..
Metropolitan Gaslight Company; IA, Ed. M. Jansen
vs. the lighter Una; 14l, Andrew J. Hutchinson
steamboat Northdeld, &C.; 1884, r. w. Leavitr ct al.
VS. George w. JewetI ct al. l09, A. Waters ct al vs..
steamer W. G. kedheld: 81, w. +. Conner va. bark
Walkeyrene.
SUPREME CouRT-GENEaAL TERM.-Berore Judges
Ingraham (preslling), Barnard ana Brady.--NOs.
l24 125, 126, 127, 12S, 100, 157.
SUPREME COURT-CHAMBERs.-Held by Judge
Cardozo. Call OF calendar at twelve M.-Nos. 23,
45, 53 81 10l 102 103 104 ILL., Ill., 49, l21 1855 1856
49, 1885, 1885, l93 l0j, 2O4 20S, 209 2l0 29, 220 223
230 23l, 232, 237.
SUPERIOR C0uRT-TRTAL TERM.--part 1.-Before
Judge McCunn. Court opens at eleven A. M.-Nos
183 1877 721 133 1872 $685. 212 677 ILL., $685. 334 335
1902 1871. 1917 Part 2.-BefOro Judge Freedman.
Court opens at eleven A. M.--N0s 1885, 11OS, ITO,
1776 1882 l7s4 1892 $780, 1894 1884, lS00 1904 1906
1808
MARINE CoURT-TRIAL TERM.-Part 1.-Before
Judge Gross-N0s. 467a, 49l6, 4s07, 4821, 1922 40,
100, 131, 1872, 1885, l34, 1856 1876, 49,, 1888. Part a.
Before Judge Curts.-N0e. l6o0, a. loS9, 1885, 4o77
l671. e6 a. 81 co. 1lo 1A2, lAS IA LAG, 14, lls l4s
lao, 16o, l6l, 1slh.
The New York herald., 1870-01-21
The ORANGE COUNTY MURDER.

Fellows Convicted Of Murder In the Second
Degree and Sentenced 20 the Stnte Prison
for Twenty Years.
GOSHEN, JAM 90, 1870.
At half-past six O'Clock the jury In the case OF
Warren Fellows announced that they had agreed
after being out over thirteen hours. The prisoner
was brought into the court room and the jurors
again took their places and brought IN the following
verdict
We find the prisoner guilty Of murder in the sec
Ond degree.
The prisoner received this intelligence with evi-
dent signs OF emotion. His head Ieli forward upon
his breast and he gazed 1xedly upon the floor. All
eyes were turned upon HIM and the room was as
silent as death The jnry was then poled, and each
answered that that was MS verdict
The prisoner In reply TO The question OF the Judge
as to whether he had anything TO say why sentence
should not be pronouced upon him. sad:-''Nothing
except In regard TO my innocence. am AZ innocent
In regard TO thocrlme as the day was born. have
no knowledge or ever being at the place whatever.
had no enmty against the people In any way or
Shape-agalnst Mr. Swinton or any OF his people.
DO not know tnat ever spoke To him III my life.
Never had any words with him OF any kind"
Judge Gedney then stated that he desired to say
that the public impression that the prisoner had
large amount OF money was erroneous. He had only
about 81, 900 when the trial commenced.
Judge Tappen then sentenced the prisoner 10 the
state Prison az Sing Sing for The term OF twenty
years.
The New York herald., 1870-01-21
COURT Of GENERAL SESSIONS.
Before Cunning S. Bedford, Jr., City ]

Before Cunning S. Bedford, Jr., City Judge.
ACQUITTED ON CHARGE OF INDECENT ASSAULT
The first case tried by the jury yesterday in this
court was an indictment OF an indecent assault
against william Hunter. Jr. the complaining wit
ness being young girl named Margaret Baker,
who st1ned that the accused took her to an mpro
per house IN Mercer street on the 5th Of September
and attempted to take improper liberties with her,
but failed to accomplish his purpose 1t came out
in the course OF the trial that poll officer having
heard Of the occurrence six days afterwards
brought 1t to the knowledge or her parents A re-
putable witness tor the defence testified that he was
The street when the young girl asked the defend
ant to accompany her to the house. The previous
good character OF the accused having Deen estab-
llshed Mr. Fellows abandoned the prosecution ana
the jury returned verdict OF not guilty.
DISHONEST DOMESTIC
HOnora Egin was tried and convicted OF grand
larceny In stealing, on the I'd OF this month"; eighty
Blk dollars, the property OF sidney 4. Buseed No.
3i3 Third avenue aL whose house she was domes
tic She took 1t from the pocket OF vest which ne
Iet IN his bedroom, and lett the house. An officer
way and she admitted that she stole twenty dollars
She was sentenced by Judge Bedford to the State
GRAND LARCENY
John Murphy and Spencer Avery pleaded guilty to
an attempt at grand larceny, the Indictment charg-
ing that on the Atm instant they stole chest OF
tea valued at ninety-four dollars, the property
OF Beard, Cummings N Co. Murphy VINO had
served term In the Penitentary for stealing rope
was sent TO the State Prison for two years and six
months, while Avery, whose previous record was
better than that OF his confederate sent to the
same institution for eighteen months.
The following IS the calendar for to-day:-The
People vs.. Robert Raab, rape; same Vs. Francis
Kaiser, burglary; Same VS.. Andrew Bressard, burg
larry; Same vs. James Wells, burglary; Same Vs.
Thomas Lyons, receiving stolen goods; Same Vs.
John Q'Neil, grand larceny; same. ys. Joseph Mum
ster grand Saa LARCENY sape ": lQha Levy grsnd
Same w. Charles Hartman. grand larceny; SsMe VII
Henry Strautz grand larceny Same vs.. Charles
Henniger, emDezzlement; Same W.. Thomas Moore,
larceny from the person; Same Vs. John Mack and
James Boger, larceny from the person; Same Vs.
George Dugan, carrying q slungshot; Same vs.
Geprge Deegan petit larceny.
The New York herald., 1870-01-21
MUSICAL AND THEATRICAL NOTES.


Parcpa is singing IN the Hub.
Memphis Is charmed with German opera.
Hackett ls dong Fat Jack' In Charleston.
Salon shingle owens Is In Mobile.
Edwin Forrest Is at Detroit this week.
The Richings troupe are operating In Chicago
Mrs. Scott-Siddons Is reading poetry IN Vlcksbnrg.
.'Fanchon" IL personatlng Maggie Mitchell In st.
Louis.
Carlotta Patti sings In Cincinnati tomorrow night.
Frank Mayo Is dong "The Three Guardsmenn In
Cleveland.
Edward Eddy II laboring with genteel tragedy
In Albany.
The Cation operate Troupe are winning fresh
laurcs in phiadelpna.
Mrs. Bowers Is personatlng 'The Queen or Scots''
In Cincinnati.
Jefferson finishes "Rip Van winkle" in New
Orleans tomorrow evening.
Gurr, the ''man-nsn," has beiaken himself to the
flying trapeze.
Edwin Adams Is showing up "Enoch Ardent to
the good BufYalonans.
LeIlngWeii ~ exhibiting his "GushinK ClOrindau
to the cre0ies IN New Orleans.
"Ine happiest couple outn-Lingard and Dun.
nng--are bnresquing in Washington.
Lotta IL playing with corkdyed face In Chicago.
She does Topsey IN Uncle Toms CABIN"
Kate Rance formerly OF Wailack's, IL playing in
'.Our American Cousln' In Toronto,
A troupe OF sixteen Japanese acrobas has arrived
at San Francisco.
Two tame bears in Baltimore and a learned pig In
Richmond are street sensations.
The California Senate has passed bill repeal
ing the act winch prohibited theatrical amusemente
on Sunday.
The Philharmonic Society oil Lima has again re-
vived and provided for three concerts nut 1t In
complained tnat the directors are not cegsful In
their musical arrangements
The ball IN ala OF The American Dramatic Fund
which WAS TO come or on the z5tn inst has been
postponed To more auspicious opp0rtunity-prc
sent indication, u was thought presagng failure;
If not an actual loss 10 the association.
Mario dd not poison himself for grief at Grisi's
death, but Is singing away In the opera at ST.
Petersburg a. II nothing had happened Next sea-
son he goes To London, but at the close OF the en-
gagement Will retire from the stage in order 10
indulge his postponed GRIEF In a decorous and fasn-
1onablc manner.
put up III Tie dancing rooms prohibiting ali calls
for repetition OF any dance whatsoever The usnal
custom being That Russian and Polish figures should
alternate, the public composed chiefly Of Poles,
were Ia the habit, without Missing the former, OF
eHcor1ng the latter, especially the mazurka; ana
THIS practice has been construed by the authorities
into \ pQllIcal mauIfaaIatIOn.
The New York herald., 1870-01-21
SUPREME COURT hsBEas.
Married or Not Married.
Before Judge Cardozo.

Sampson Us. Wood.-This case came up on . mo-
ti0n to settle certain issues to be tried before Jury
1t appeared that Cecilia Wood claimed to have mar
rled Mr. Baldwin, who died leaving considerable
amount OF property. She commenced proceedings
to establish her rights as the wife OF the de-
ceased. Tho executors made settlement
with her. she promising to renounce all claims.
subsequently, however, she commenced proceed.
inRs, but an Injunction was brought against her
answer she set up that she was the lawful wife of
the deceased, and that the agreement she made to
abandon the proceedings was obtained while under
the influence OF opium, which sne used to alleviate
her physical and mental Infirmtles. The injunction
proceedings were contested at considerable length
the defendant claiming tnat she was married to the
deceased In London; but the executors alleged that
such marriage was, according to the laws OF Eng
land, felony Default was made, but afterwards
re0pened. The settlement Of issues to be tried be-
fore jury were now asked for. The questions are
whether there was ceremonial marriage or any
marriage at ali, and whether the release by Cecilia
Wood was made by her when in ner right mind.
The Court took the papers and reserved decision.
The New York herald., 1870-01-21

prems test in cases Of this kind Y
.S s y ana me SsS Ds
be inferred from acts. Bot In this case the facts ~
developed BY Mr.. Reed himself are too vague for
the purpose OF inference. The only dealings he had
with any one was with Mr.. Mckinney, and certainly
II his statement about his interview with Mr. Nc
he states positively that Mr. Mckinney agreed to In
demnny him (Reedl II the scheme should fail, ana
s hs ana % % o
Jobber and Mr.. Reed II an eminent counsellor, and
IL presumed to understand the law In such cases;
he ls also presumed To be as careful about his
own affairs as Mr.. Mckinney. Under these CIR
cumstances IL In hard TO say where criminal con-
begins where II ends. l say criminal liability;
mean this In Its literal sense. because II Mr. Reeds
story be true, and as far this goes take his
statement confessed both the parties would have
been guilty OF crime IN aiding and floating fraud
nlent stock for the purpose OF gains TO themselves
and OF serious destruction to Others In this case
Mckinney could not have intended fraud upon MIR.
Reed; he was Reeds personal TREND He had thrown
his own money into the gulk When man not Igno-
rant Of such things enters into trade transaction
Of this kind, with his eyes wide open and with full
Knowledgs Of what be is about, he has no right to
quarrel with the managers ne has appointed or the
men with whom he mas entrusted bis money
u should turn ont that. they had been
unfortunate or III ADVISED In their specula-
tons. The real question In the case Is not
whether there was conspiracy to deceive
the public ID sI INTO buying something different In the
pose tney were buying but whether that OFFENCE II
committed. can be taken advantage or by Mr.. Reed
liable on certain notes given to OF his friends
10 enable them to noat the stock and 10 form the
corner, and which notes are now held by innocent
parties. When men are once aware that their own
prudence VIII and must protect them, inasmuch as
lhe law cannot they Will be very cautious how they
give up their interests 70 enterprises which
DO not oner satisfactory guarantees OF
honesty and stability !; and when 1t Is
others who aid In such companies, and who pub.
lish false statements and prOspectuses who lend
themselves IN any way to such acts, thereby induc-
ing the public TO become shareholders are subject
TO lose all the money they invest In the enterprise
and are az well liable for their Obligations and also
crlmlnaliy liable, they will pause before they pro.
ceed In such matters
A lew impressive examples like this will teach
MIR. Reed and Others that extraordinary profits
cannot be obtained without extraordinary risks;
tnat IT ID unsafe to trust TO the representations OF
friends or to names, however high our confidence
may be In them; that II is dangerous to embark In
enterprises OF which they cannot comprehend the
scope, and IN the management OF which they cannot
have any share. For the above reasons the judy
ment should he reversed.
Judge FlLhian--I concur.
The New York herald., 1870-01-21
BROOKLYN COURTS.
>~~4,->~-~~~>>~~~~~~~>~~~~~~
UNITED STATES DISTRICT CouRT-iH ADMIRALTY
uV--L-. QAIvx~
Negligence I'm Towing Ships.

Negligence In Towing enlps.
Before Judge Benedict
ambrose Sao,o ct al us. the Steam Propeller NJ
A. Lennor.-Tnis action was brought by the owners
OF the ship Corsica TO the amount OF damages
occasoned by her running into Wetmore's DOCK
Brooklyn, while being towed by the steamboat NJ. A.
Lennox. The Iibeflants allege that the ship was
lying at pier 81 East river and her master directed
MIR. Hewlett, Q towing contractor to send up two
boats to remove the ship to Greenpoint; that he
hailed tile Lenn0x and told ner to go up to pier 81
and n possible take another boat with him; that
arrival at pier 81 the master OF the Lennox told
the captain OF The Corsica that he had got another
tug which would be there before the ship was
hauled out into the stream; That when the vessel
which mad hauled the ship out stern foremost
dropped the hawser when about twO-thirds OF the
way over the u. river with the intsntlon OF taking
the 6eadway Of the ship, which slowly
Weimore's dock, doing her about $1,000 dam
ages. The liDellants clalm that the tug was IN
command and control OF both vessels, and respon
sible Tor the movements Of both vessels and liable
for the injury which was accustomed oy ner negli-
gence.
The owners Of the Lennox claim that when she
arrived ut the Corsica she hailed the snip the
captain asked II there WAS another BOAT coming, to
which the master Of the Lennox replied thai he
tlon the master OF the ship directed the tug take
hawser and also told him that he would
utreCt tue inotionS VI DoCn vessels Oy mOilOnlnB
with his hands; that the snip was hauled out under
the instruction ana direction Of the Corsica captain,
and all subsequent movements Of both yessels ordered
by him; that all orders were 0beyed by the tug; that
she did all she could ana III proper manner, to
avoid the collision but the lines aboard the Corsica
were not ready IN time; tnat she did not have COM
petent 1orce aboard there being no pilot, but only u
rigger's gang OF eight men besides the captain and
mates that II the lines had been passed OUT IN time
the steamboat could have saved the ship rom strk
ing the dock, and tnat nasMuch the ship captain
was IN command and directed the manGnvres OF
both vessels the tug Is not responsible Tor the acc
dent The Lennox also insisted that she was ordered
to ana did drop the hawscr when One-thlrd OF the
way over the river, and Immediately backed up to
the bow and threw ner neavlng line three times to
receive the hawser, which was not ready for her
and that the accident caused by the fact that
Rawser was In readiness.
Inc testimony OF the witnesses was very CONFLICT
taken. The case was adjourned 10 the lst OF Feb
ruary for the summing up. J. 4. McGowan for the
The New York herald., 1870-01-21
MARINE COURT.
Action for Personal Injuries.
Before Judge Curtis.


Aifhur StoeeneU cs. Willfdm Young.-This was an
action brought to recover $500 for compensation for
injuries sustained by defendants wife from being
thrown out Of carriage. by which sne had received
personal injuries through defendants negligence as
alleged. From the testimony 1t appeared that deren-
dant was driving horse and carriage through Hud-
son street about eight O'Clock In the evening ana
wnen opposite 4S2 Hudson street the wheels struck
against pile OF stones in the middle OF the street.
upserttng the vehicle and throwing out the occu-
pants. Defendants wife was injured by the fall
that she was attended by nurse and confined to the
house for nearly month, ana 1t was for the recovery
OF expenses thus incurred that the action was
brought.
For the defence it was contended and testimony
given In support that the pile or stones were not
placed on the centre OF the road by the defendant
or MS agent, but by the railroad company. Defend
ant had been engaged In connecting the sewer OF
432 with the main street, nut before concluding
work on the morning Of the accident had removed
all distractions. Witnesses swOre they saw the
railroad company's wOrkmen place the stones on
the street subsequently to defendants clearing the
road after ns work.
The case was not given to the jury the Court rul-
ing that the plaintiff had failed to establish any con-
nection between the defendant aud the placing or
the particular obstruction In the street which LED to
the accident Case accordingly dismissed.
The New York herald., 1870-01-21
SUPREME cOuNI-GENEaAI TERM.
The Gilman Will Case-Appeal from the Sur
rOgate's Decision.

The Gilman Will Case-Appeai from the SUR
rOGate's Decision.
Before Judges lngranam, Barnard and Brady.
Anna X. Gilman, Appellant u.s. george f. Gilman
dk., Respondents. and Charles b. Gilman Appel
nnt, Us. The Same espondents.-Tnese were two
appeals from decree OF the Surrogate confirming
the report OF the auditor to whom was referred the
nnal accounting Of George F. Gilman and Edward
Mcclellan. two OF the executors OF Nathaniel G,l
man, deceased. The teStator died the 10th OF de-
semDer, 1852 leaving win and codlcll in which he
aamed George +. Gilman. his son, and Edward Nc
CIelan one OF his sOns-ln-law, executors, together
with Isaac Reddlngton. q sonin- law; Anna K. Gil
man, the appellant In one appeal, q daughter ana
Charles Il. Gilman the appellant in the other ap-
peal. his son. The will was duly admitted
~ the Surrogate, and the report OF the
auditor was subsequently confirmed. 1t was
now Claimed BY the appellants that the
money left them by the testat0r not invested By
she executors and they claimed thar they were there
Tore liable for the interest accrulng from the time
the property came into their possession in trust.
The arguments In the case were commenced YES
terday ana have not yet been concluded.
The New York herald., 1870-01-21
now THE SMALLPOX IS FED.
Sixty Miles Of Dirty streets-Harris After
Brown-The Board Refuse to Give Re
!ief-Typhoid Fever Raging.

On Wednesday Sanitary Superintendent Harris
sent 10 the Board OF HEALTH before It's adjournment,
the Following letter of startling import The Board
refused 10 receive 1t until next meeting. ana small
pox and fever have another weeks grace:-
ro ,vs EproLTxS boAED or HEALTH. JAM 49, 1870
HEALTH:-
SIR Z becomes my duty respectfully to invite the a.ssn-
ton Of tho streets in New Yofk. '''' '''N
s' :nS hs 1
ssS: % re:
ary OF the Justly the action and
thai H. . s
s ss Sss urgent i:s Of 'ss s.s
Y. Sss:ss s.::
ne essential mean. q :an,s.ry profession Other
+: would now %
sIs.nns is :srsst. ana gutter [,
Win thoroughly cleaned here 70
ss o s . y % Sr for he 4:
Sf the public health order the shSs.: practicable cour:s
duty hands anSsr mus, 5. sspsc.d
them r.:psoa; % Ss. all al 81
ss tss
the dirt into heaps and for washing out the gustera
Be lit. % ss q ss.as .'S :eas %
comprise little than onefourh of
In that portion Of the city which lies south Of Central Park
The cost at this OF the year. will vary according
the weather. but IN estimated that the work be wen
done, and the dirt be LETT In large heaps ready the
In the middle AT margins Of tho Streets
OF fourteen donrs mile including the flushing and
cleaning of cutters.
would therefore recommend should
that the annexed s and such other por-
ons Of streets shall be found not ex.eedng
total q sixty mites Of city streets, that now require sani
tary cleaning In the dlstrict lying between White
han and Fiftyninh streets, should be forthwith
cleaned and the expense be charged TO the
and that the shall not exceed $500
And would respectfully request that the work, OF let
ting contracts for such work. may imposed
upon the Sanitary Superintendent the medical officers
cusivcy, hands fun OF strictly hygenc duties just
now
would also respectfully the Board of Health
the OF the city
cleaning away the gutter nth
into heaps by cleaners paid by the Board
Respectfully, Il. HARRIS,
Sanitary Superintendent.
The New York herald., 1870-01-21
OPPOSITION TELEGRAPH ACROSS TINE CONTINENT.

The 0akia nd (Cal.) Transcript In double loaded
article informs Its readers that thsre Is now good
chance for an opposition telegraph across the Con-
tlnent IL says there are TWO gentlemen now on
their way 10 California VINO have completed nr-
rangements for an opposition line already, from
Chicago to Prom0ntory, and that they WIN use the
railroad line Of the Union Pacific Company. 1Ge
Transcript says shat "they desire to make arranxs
ments with the Central Pacific and Western PacDc
companies for the use OF their lines from Promon-
tory TO san Francisco. and II successful In tins
they no doubt Will be, we shall soon nave an oppo
sition telegraph line extending across the Continent
These gentlemen arc In entlre sympathy with The
postal telegraph movement The Central racine
Company can confer no greater boon upon the peo
pie OF this coast than TO grant the new telegraph
company the use OF their lines upon rcasensois
terms.
The New York herald., 1870-01-21
J.WlsA NsfoSm.

NEW YORK Jan. II, 1870
To THE EDITOR or THE HERALD:--
read an article IN yesterdays paper entitled
''Jewsh Reform.n The lecturer, DIR. Elnhorn, denies
entrey the bodily resurrection, las he could NOT zee
1t mentioned In the Bible" and pretends TO show
that he has studied the Talmud by quoting some
lines from 1t concerning the resurrection. But not
alone has the Doctor not finished the Talmud 40 az
TO know any other part where II quotes about the
resurrected Uor he mentioned only from San
hedran), but has presumptuousIy shut ms eyes from
the Bible ITSELF Let the Doctor In his future lecture
take his text froU Ezekiel Xxxvli, l2"I will open
your graves and cause you 10 come up out OF your
graves and bring you into the land oi Israeli See
verses Is and IA.
Can the learned Doctor mlstranslate the
verse OF twcnty-th chapter OF isaall--.eThy dead
men snail live, together with my dead body snaIl
they arise. Awake and sing, ye that dwell In dust:
for thy dew Is as the dew OF herbs and the earth
shall cast out the dead.r Let min read tile Bible
sincerely and he will Bnd some more.
BY inserting tnis IN your next issue you Will
obIige yours truly, LOUIS HARfELD Rabbi,
No. Is East broadway.
The New York herald., 1870-01-21

ORRA PAPER.-The Mobile Daity Regtster OF the
18Th is printed upon paper manufactured entirely
from the Okra pant at the Chickasabogue Mills
about twenty miles from that city. The paper has
good body, IS strong, free from notes and other
similar quality OF paper made from rags. In
color 1t is not quite up the mark, but this de-
feet proceeds, no doubt, rather from the water
used In the manufacture than the material. We
suppose the superabundance OF RAIN nj this season
has made the water NJ the mills more turbd than
usual. The sample, however, proves that the okra
plant is good material for printing paper-far bet.
ter thau the straw aud other chair which s used in
making the paper OF some or the Northern daIlies
and which IL SO harsh and brittle that the sheet
nc handled with care or 1t will pe torn up before 1t
can DO rcad-kaoon tGd.) Telegraph Jan. 10.