davidaulloa/AmericanStories huggingface dataset:
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

OF THE HUMAN COMBATANT.
Clopton Correspondence of the Enfantine ALA
News.
Last Saturday morning I was the wit
ness of such a scene as I pray God may
never see again. I beheld a combat be-
tween young man and a rattlesnake, in
which the former was bitten and died in
ten minutes thereafter. The particulars
of the terrible affair are as follows:
On Friday last a young man named
Graynor asked me to spend the night with
him. and go coon hunting the next morn
nIng, to which request readily assented.
We started out ABOUT 8 o'clock A. NJ, and
near day the dogs opened on trail in the
swamp of Bear Creek. Just after sunrise.
the deep baying of the dogs informed us
that the game had taken a tree. We
proceeded to make our way through the
begs and tangled brush and vines in the
direction of the dogs, until we came to a
small space of firm ground. which was
covered with low growth of oak bushes
Here we halted moment to listen for
the dogs.
We had barely paused, when we were
startled by lou d, strange, rattling sound
issuing Irom beneath low, thick bush,
within few feet of u. Though I had
never heard the peculiar noise before, 1
hhew inst1nctively that it was a rattle.
snala, snake, and 'pt ang back in terror. re-
Hns araynor, let's leave here"
afraid 2" ' ~"
yes" said !, 81 am afraid.n
well s., he coolly remarked .I
am going to kill the snake, it would ba q
pity to leave such fine fellow here. So
here goes"
While Graynor was speaking, caught
a glimpse of the snake, which, as nearly
as | could judge, appeared to be about
eight feet in length, aud three inches in
diameter at it's larger part. He was ly-
ing coiled up in perfec,; circles, with his
mead drawn back in terribly graceful
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

ONE HUNDRED DOLLARS IN GOLD is
offered by the publishers of Tile BaTghl
Side for short contributions; $50 for the
best poem, and $50 for the best prose arti-
Gle of 1900 to 1000 words. Particulars
may be learned in their issue of August
9th, paper of unusual beauty and merit.
Specimen free. John B. Alden 81 Co.,
publishers, Chicago, Ill.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

WHERE IS Tr.-An item is going the
rounds of the papers that ''a machine at
Rutland, VT, can cut out 100000 slate
pencils day" AS this will be a matter
place in our columns
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

RIcHvILLE.-I desire to say to yeur
correspondent that the correction he made
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18
BatIamd HaiIy Berald

PUBLISHED livery MORNING
Foot of Center St., Herald Block, Rntland, VT.
TANKS %. 90 yeara4 90 for six months-s2. 90
for Three months-or rs cents a month.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18
,utlaad aFesklu Nerala

FOUNDED IN l7sil
Now the largest weekly in New England, put'
lished every THURSDAY morning.
Foot Of Center st., Herald Block, Rutland, VI
TUTTLE COMPANY, Proprietors.
eEo.A FUTILE, A.H. rUrrLE, H.o. TUrrLE'
HENRY CLARK, Editor.
TARMs !-S2 so a year; .25 for six months inva-
riably in advance.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

WEATHERsFIELD.-Roswell Downer,
the popular proprietor and keeper of
Downer's Hotel, has field of oorn Of sew
eral acres, ripper than farmers usually suf-
fer their corn to be, before it is cut up.
1t is large tall corn, we'll filed, and is a
month earlier than is usual for such corn.
The hot weather with only occasional
showers has made the water in streams
quite low. Vegetation is suffering severe.
ly on dry lands. Blackberries of fair
quality are abundant notwithstanding
the drought.
-Hyren Henry, Esq, has purchased
the whole of Dodge's patent for soap stone
stoves, and intends to supply the market
His stoves add much to comfort in cold
Weather, but are quite useless at thi;
season.
The apple crop no=~ is very good. I
we do not have rain soon it may - nut
short.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18
Terrible Combat with Rattle
snake.

A FEARFUL SCENE IN NALABAMA-DEATH
OF THE HUMAN COMBATANT.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

Grasshoppers are very numerous and are injur-
ing considerably English grain, potatoes and
gardens.
Sunday afternoon before last two valuable
COWS belonging to 81. G. Wilson, OF Troy, were
killed by lightning, and also COW belonging to
Chester Wheeler. Mr.. Wheeler was driving his
COW home when heavy discharge OF electricity
came, killing the COW, and knocking Wheeler
down, where he remained insensible for some
time.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

"WHAT To WEAR AND HOW TO MAKE
IT."-Is the title of book of instructions
on dress and dressmaking, published by
Nine. Demorest, at Is cents. Dress
makers and ladies generally will iud in
this manual much useful inform alton,
and complete instruction in every depart
ment of ladies' and ohildren's dress. II
is issued semi-annually, and sent free Of
postage. Address Nine. Demorest, 83e
Broadway, New York.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

ties
lser,
heir
dis
Y all
ex-
|afe,
|OIn-
|ress
lity
emit
n 3
now
both
bale
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-18

[sY
| ugh,
amt
New
' 4 10
logen
| and
| |nited
The New York herald., 1870-09-28
THE PUBLIC HEALTH.

The Up Town Fat Melters--A Eombshc,I
Cleaning.
The Board OF Health held session yesterday,
President Bosworth presiding, and Messrs Stephen
Smith, Manerre, Brennan, Mulaly Ceccarini and
Gross being present.
Suits were ordered against 1l3 violat0rs OF the
tenement house act also sixteen cases OF non CON-
plance with orders Of the Board AMI six cases Of
violations Of the code.
DR.. Ceccarinl, from the Sanitary Committee re-
commended that permit be not granted to Gamble
l. Mcneil, Of West Thirty eighth street, to melt
fresh fat The report was laid the table for the
present
Dr. Morris reported that for the week ending oath
instant there were seventeen cases OF typhoid fever
fifteen OF reapsng fever TWO OF typhus lever one of
smallpox, two OF scariatina and two OF measles
reported by ihe physicians.
Dr. RUSSELL repOIter,Of vital statistics, reported
reduction OF thrty-0ne deaths from contagious
diseases.
the Committee on Street Cleaning were authorized
to have the additional street cleaning ordered
under the three acquisitions madeOn the con-
tractor continued until the 18th of November.
Tie following petition, signed by over 900 resi-
dents OF Harlem, as follows, was referred TO the
Sanitary Inspector FOR a special report
To THE HONORABLE BODY OF THE BOARD HEALTH
GENTLvNEOwe the undersigned residents and pr opery
request the of the fat boiling now
located 10th street, between avenue A and
river for the that Ii detrimental to health and
our property ali Of day night pesti
ferrous and pesence breeding odor pcrvades the entire
ent 10 remain either IN or out Of doors.
The nuisance complained of is the one licensed
last week to continue operations.
The New York herald., 1870-09-28
COURT cAlENuARs-Tuls DAY.

SUPREME CorRr-GENRRAL TEsM.-By Judges In
graham, Cardozo and Barnard. Non-enumerated
motions. r 1stf ts
MARINE CouRr-TRIAL TKRM.-Part 1.-Before
Judge Curtis Calendar called at ten A. M. Nos. 1885,
1857 1896 1915 1884 2013 2015 2Ol7 2023 20Sl 2032
30SA 2090 $685. 2070 207A 30A6 20S0 2090 2091 2093
209d Part Ally Judge JOachimssen. Nos. l60
1852 17g6 1922, 1867 1915, zoos. 2044, 2060, 2079
2oe!. aoss, 5000, aooi $685. soas, 4277 ao42' soAa
COURT OF GENERAL srssIoss-Before Judge Bed
ford. People VI. John Barry, robbery; Same Vs.
John Lappin, John Mccormick and George Wilson,
burglary; same vs.. John Conr0y John S0mmers,
William H. Martin and George stevens, felonious
assault and battery; Same VI. George Byrne. rape;
Same vs. Frank Queen, John Haywou, Frank Wilson,
David Bennett, Henry Mar, Mary Cannon Mary
Rooney, Joseph Henseque, Elizabeth Devlfne,
Thomas McDeroni, Ann Ryan, Thomas Reilly and
Joseph wuney grand larceny; Same vs. Samuel
Marshall, embezzement; Same vs. William CLARK,
carrying burglarious implements; Same VS.. Henry
Galway and Thomas G. Prescott, false pretences.
COURT OF OYER AND DTERMINER.-Bef0re Judge Ber-
nard.-The People VS.. John Glass, Thomas Sheridan,
John Quinn, Thomas McCarty and Patrick Mathews,
murder; Same vs.. William Miller, burglary; Same va.
William Carroll -four cases. and Louis Knutter, lar
ceny; Same VI. Levi Lasher, James Lane, John Gun
ther. Catharne Kessier, Bastan Muller, Hester Man.
cha, George Nelson, Thomas Frazer, Elizabeth
Freeland John Smith, Mortimer TagGerf. Edward
Redrick and Cathar1ne COnn0r, grand larceny; Same
Va. Frances DAVIS, ielonious assault and battery.
The New York herald., 1870-09-28
SMOKE AS A NUISANCE.

The smoke from factories has for a long while
been perfect nuisance to people living in their
neighborhood ana 1t is now to be abated. In con-
sequence Of the ordinances passed by the Board Of
Health, which are subjoined, number OF factories
on Forty fifth and Forty streets west of Eighth
avenues, have constructed their chimncys so as to
consume the smoke AS this was done through the
efforts OF the Sanitary Inspector OF the district it
may be well to copy for the Information Of all
concerned the law upon the subject
Section ITO of the Sanitary code Of the Board of Health
May 1870 reads ss from and after the lst
OF June, 1890 every furnace employed in the working
engines by steam, In apy m factory, printing house,
dys factory iron foundry glass house, dstery brew house,
sugar refinery, bakehouse works. In other build
ngs for the purposes OF trade Manufacture shall
constructed to consume burn the arising
tbls departmapL"~> ,.. '-rt- =
The New York herald., 1870-09-28
STREET QUOTATIONS..
Five O'Clock p. NJ.
COMMERCIAL REPORT.
TUESDAY, Sept. 27-6 p

TUESDAY, Sept 27-6PM.
AsnEs.-Receipts - bbls. The demand for pot was
moderate and prices steady and firm Ss ~.
Pearl quet but unchanged value. We quote SO
So rs.
BEEswAx-No demand prevailed, except for small lots
and the sales unimportant Small were ie at
Sc. S1c for Western and Southern.
CEMENT.-There was active demand for Rosendale
which was steady and hrm at 81 80
CANDLES were dull, the demand being only of jobbne
were quoted At 4c ishc for Is Is o., sperm At 3Oc
nominal At ssc. l0c gold for Guayaqui bond, 2sc
&c Do for Maracaibo, do aud l6c lsc, do, Cara
cas- do.
CoaDAGE was steady. We quote Manila, 2lc a 22c ;
sisa rope 2Oc Russia bolt do lsc Russia tarred 6c.
CoFFEE.-There was good demand for Rio, and fair
s " and
Aoe snd 17S 90 ex on private terms The bus
% IN ma Ss Ga ,vs a.
made the stock Of Rio to-day follows bags in New
GsTx s w r. soc in Mobile
ordinary carsoe. % ne :'' tsT dS iSe ih'G
lsc iss csvlon, IKE isc Marnsabo i5e. isc
l7e Mexican, l5c. lsc. savanla, l59c Isc.-S soia
demsnd for export and speculation. but active inquiry for
spinning and good business was consummaed. The Of
anxious to realize and the bulk Of the sales prices
e @ those @ m % were sold
spinning S4 for export ana io2 on speculaton
freely offered which was aoid r e To-
&c lower prices The sales were foLows: 200 bales,
do DO at &c., Zoo DO for OCTOBER at isc ID lise so
200 d9 DO at lsc Boz DO do at 100 DO for Novem
700 December at late yesterday s baes Ie
for September At u.s. 500 do free board charleston
lssc 400 do for November l6c i6c and 4o1 d. for
December at lsc. Isc The closing quotations were =.
The New York herald., 1870-09-28
FATAL STREET CAR CASUALTY.

On Monday evening as No. s0 Of the avenue +,
line was passing through Clinton street, near Hous-
ton, it ran August Roldlng, a child two and a
hall years OF age, and fatally injured him. It is
alleged tnat the child ran from behind cart stand
ing In the street IN front OF the horses and being
knocked down was run over before the car driver
James Saunders) could brake up. The iniured
child was conveyed TO Bellevue Hospital where
death ensued Two hours subsequently. Saunders
precinct police, but 1t u stated that seyerol wit
nesses can be produced TO show that the accident
was not attributable TO any fault on the part OF the
driver. The parents or deceased live at No elm
ton street. coroner's inquest VIII be held in the
The New York herald., 1870-09-28

Ws Indsss ns and oscx schooner lSo son out to the
GUssIrs.-Ws heard Of no sales of moment but Prices
& s secoyd0s ws 10 s &C. and cloth
HnEs-The market quiet, but prices steady and
o a u sGd: so ws g 20 r.: - AyIss =
Moo.syideo, 2oN 70 2l,S lbs., 2ssc. Corrientea II
's aS Sraoeo nc q &c s qi:nds H.: e S.ioa.. ,s:.
Y to to y lbs, ;h ;Thc asc Central American Trimmed.
'' ass d and M aeas.a Trimmed Z q 70 s:
~ d 5 c vsse M Srui & .S is os ss zoe zoe Tsmpis9 20
s.so issS Ice Z pssis ii TO g. = 1us S. nsr. ss
Il $1,000 .Ss sS 'Sss Sss.
Hors1Ihs market for both old aud new was dun ana
nsasy n SSssh price. were not anoaby lower There
Of he or who a C 70 pgS as
er & hs sw sales made were at from cc 10 noe
nras Oo ss wss ,er ay held at s gold a. which
Bale. ssn SA' he suG:sa 1snss a. s. ss
was Quoted gold IN Sss Saas we5e soa TsPosd rAmpso
aaas S ,9s was fairly active demand
es sssA s%Ts .1~ Q.
o1a I, S,s Ss,s9y .sy. good MIDDLE
WAS plenty Tne current aso,aiion. a. foiiow:-
Ssssy e oc sd. a9 sl X IT, ss Ssiioss,. sas s
good sa al iss ssS: sas s
ne mSds s. IS @ Sc hs.ss % so
sSssrt as sss 'ss tSsn hss &c SSS:
middle, Sse &c., do, hight. Ssc s0c do bsiss lsc.
LUMBER.-There prevailed q fair demand for Eastern
spruce, which being In small supply very firm The
arrivals still small, aud will probably continue
until about the latter OF OCTOBER when II generally
thought they Will be large Holders look for reduction
from prces this Sales reported OF 100
feet at prices ranging nom Sl6 20 to 80 Tor inferior
choice schedules.
There n fair inquiry, and, with only mode
rate offerings prices quite steady at 81 rs ~ co.
Sales reported OF 7000b0 at the latter psce, below
which holders refused to sell 10 any extent
MErALs--lhe market for ngot fairly active. and,
with sh, offerings prices very hrm closing at about
the spot 2c for future delivery Sssan spelter
was dull &c gold we heard OF particular
Lead steady, but quiet, at az 80 sS 375d gold ;
heard OF important saes IronScotch pig quiet
owing the smaness OF the offering and the rnness of
holders who demanded &S6 for Gengarnosk and S3 for
Eginton about 200 TONS In loe sold private terms
There change note IN the market for American
the demand light and prices rather weak hongh
not quoaby lower; No. quoted So. 49, and NO
S3 32 We heard Of important sales Refined bar,
in yard duh and nominal st t75. Rails quiet but
unchanged We quote Encsh, $57 sos. gold. and Anne
rican $40 S7, currency Tin was dun ana heavy at Sc
A4c, gold, for Straits. s69c SIC. do for Banca aud
S2c do for Engish We heard OF OF plates which
SO s7, gold l. q. coKe 81 a5 $s COKE terne, IS
Mol AasFs, The market unchanged. There but
little demand and that almost ercusiv civ al
grocery grades which held fu previous nures
The qualities suitable FOR refining and disting
elected unsettled In vau could have been
sold except at material reduction from quotations
below. The stock large and holders sell
We Quotc.--
The New York herald., 1870-09-28

Wheat irregular; old spring about 1c lower while
new was lc better, and common amber winter dull
sure to sell Prime was scarce and wanted to some
extent at 81 80 for State IN store. For prime No
evening" comprised about 10000 bushels To.dav'u
mixed ~ II 81 u for good No Chicago SI for soit
No. Milwaukee,. 81 20 for small lot No. /, 81 23 for fl
loads do. VI "a 81 rs for No. 80 81 "a for amber
winter, VI 20 Tor hot amber Canada In bond 81 40 for
lots new amber winter Rye was dull and nominal &c.
Soc for old and new There sales. Corn dull
and lower Sales only about $1,000 bushels in lots at Sc
&c. for Mixed 9c 9c for small lots choice S6c
Tor common and s5c 96c. for yellow Both barley
barley malt were duh and nominal Oats were dun and
lower with sales OF $4,000 bushels at 6Oc 5c for West
ern, 52c. So c. for Ohio.
FREIGHTs.-The market more active. especially for
gran but rates were heavy and decidedly lower In some
cases Grain room In the Liverpool declined sd
ld ensagemens being made as low as sad. 6]4o which
mand was only moderately active but were quite
steady, especially for vessels OF small size The an
ga gagsHeenis were-To LiyeSpool, 1900 bbls. -four
anS psr Sessss ssss
do do at 6hd 10000 do do at 6Ad and date yestcrdyS
~ bushels DO at I'd To Glasgow, per steamer 7So1
bushe. whss,s 3D. $4,000 do do ss,G To London peT
steamer steamer sSoo bois =, -four at a. Cd, small lot
terms. The charters werc:-A ship, about 500 tons
for Liverpool, general cargo, on private terms
bark 450 TONS from Nevassa baltimore with cusno Al
o.; bark to the United Kingdom or Continen with
tons now In Bstimorel to St. Helena Sound thence
Cork direct with mineral phosphates at 30a Norwegian
DARK Win 24 bbis petroleum, Cork ORDERS United
kingdom or Continent, At 5s. 3D., and sd. IL a
snD. a,Tsc' port; q North aerman bark, about 1'oo
thence @ the Of South America lumber and
BACK TO Spain with private terms schooner go
tons " Trinidad. shocks. Ac schooner. lB tons the
The New York herald., 1870-09-28
NAVAL INTELLIGENCE.

The United States steamer Kansas, now fitting out
at the Washington Navy Yard for duty on the
Tehuantepec and Nicaragua expedition was put in
commission yesterday Her officers are now on
board. me Kansas will be the principal vessel Of
The following candidates passed examination in
the Naval Academy on Monday w alter S. Hughes,
o. pos,in; ono; lyman @ 0rmes Of Michigan; Edward d.
The New York herald., 1870-09-28
REAL ESTATE TRANSFERS.
New York City,

New York City.
Bowery Pesrl n 9 CORNER ;l3rlO Ox9 H. . ri o0o
lsth Ss O. 25Sies$ SSSS S
ast St, s. iiss II Of Sd av soTs ana TT SS
sh s Of y, sa' mouse ana 0 aGS aS
45,h St, s. sS9 r. pf sta ay so.ioo 3D.. s9oS
sa Of 81 ss5ris14S.ssiii " $3.50 500
iY$h t. o. A. %sseoi sssS
iisa $. 80 Of IN " s;1sS ISsS
Maiden NJ: Mo E Ts. e %; =;
Ssh M 81. N No 57 Vest ~ years., nsr per 2s
Kings County.
BRookLyN
h1ssy h.rs.y q. =. La 5 OF Sn,an Gmn ST. ~ e
COOK q smith sS and ioi sS :Ss
Scas. ;S;' q F., p.ss $50 So
% az ss 5
Grove Grove g Cypress. nss' aT st. aosldS 1S
PSgsr PSSsf =: ss Of Liberty Liberty a, ~
Liberty ft Of Poplar St. 75xiG6
Leonard 81: a. 50 Jackson ST. s5sioo so
Locust st. adjoining Church's Flat '''''
ssd;s Msas "a 60 4 susss;ss & sss s1 y,;
Nevins ST. ss 30 dte OF Carroll st. 25xloc 340O
sss:ssss e s ss
s ss
Ryerson ws 175 Il Of DeKalb av, 2OxlOO 22S
sa:i: I: hfs,%st ssS
wssSnss s,'!so ssDs
f e: ::':"f;S; sIs
sssss sf:ansS: and s s
Snon nlS av sv sS1oo GSS 500
SaSn Of Of smts smh ~ ssiSS
Union Az, Is # o. smith s5xISo SSS
Wlloushby Adeph st, corner sosSs issx ''O
CIR AvysrNn ''''-..'..''. $500
Voorhees, st, 3. lots Nos and 8, ID Voorhees, ~ 14o
Queens County.
9th av, Is, 4So # n of Broadway. ssuiOo ..... so7
sdav. ,,T5as Of Pierce y, 25sloo $50
Lots 20 57s and o to ~ ncusiVe 2Saioo $50
South st. g. 100 # of Allen st, Ioo,lss. 40
Farmirgda to Amityvile road, 8, adjoining Pow
Oyster Bay to Eorwch road, :, adioiung Prors 3
acreS ana house $50
Westchester County.
BEDFORD
Bedford to Poundrdge road, adjoining John Kelt)
Bedford Ponndrdse road, adjoining Holiness lsc'
80 IAsrcnasIRa '''..''''''J
4tb sT es lot 52s Central Mt Vernon, 5oxIC0 . 275
LIST lots 26 2 2s 29 Mt Vernon, l50x2s0 $500
NoRRIsANIA
Willis av and 18Th St corner 50I106.. 5000
18Th st, 8, 4el OF Alexander 25xl00. Il50
RoCHRLLF
Hudson ct IS. adjoningJ seacord, 3Ox16. $50
Central Church st, corner, 5oxIOO.. 7Oo
Essex County, N. j.
South Broad st. s. ~ y Of Pennngton 81 42xls
South Broad ST. adjoining Banyet, .exl00 $500
Court st, s. 20 II Bergen st 25xl00 1900
Downing st, ~ II of Monroe st, 20165 1850
vreeland to A vreeand, ioN acres....... $50
LIVINGSTON.
origg to Mundy, a s1Oo acres .............. 1000
Andrews TO Hennng 81 74IOO acres $3.50
The New York herald., 1870-09-28
The following were the highest and lowest prices
Of the leading speculative stocks during the day.
GOLD STEONU, l1Sk A I

The gold market was weak at the opening, owing
to the better quotations for ve-twentes In London
and the price ranged from 1874 to 1ls,I. As the
forenoon advanced and the "sh orts'' began making
their contracts for cash gold It discovered that
the scarcity noticed yesterday more aggra.
waited, and there scramble among the sshorts''
to buy rather than borrow On this gold rose to
1884 and for the rest OF the day remained strong
the alternate quotations 1139S and 113al The
The New York herald., 1870-09-28
SUPREME COURT.
Opening of the General Term-The Erie
Cases.

Opening of the General Term-The Erie
The General Term Of the Supreme Court for Sep
tember was opened yesterday Judges Ingraham,
Barnard ana Cardozo being ON the bench. Several
cases were argued and submitted, but none of them
were OF SUFFICIENT Importance for publication, as the
facts In each have hitherto fully appeared. Shortly
before the usual hour Tor adjournment Of the court
the appeals resulting from tho Erie Railroad war
arguments on them will likely occupy some time.
One Of tho Erie suits.
Before judges lngraham, Barnard and Cardozo.
Joseph II. Ramsey cs. Jay could James Fts6, J,.
ct al.-This was an appeal from an order Of the
special term Of the Supreme Court refusing to va.
cate order Of Broome special term changing venue
maine appeared ior the pantfrs, VINO are also appel
lants, and argued that the had been obtain ed
trreRulariy, while there was another order stay ing
proceedings In existence. Mr. David Dudley Field,
for respondents, claimed tnat the order changing
the place Of trial was regular, because when OBJ
taned they knew nothing OF any order staying pro-
ceedtngs. Alter the argument Of counsel the Court
took the papers.
A Question Of Jurisdiction.
Charles G, Patterson Us. Elisha B!Oonaer.--This
was an appeal by plaintiff from an order requiring
him to pay $4,000. The action was brought to en-
force contract to bug quarry, which the defend.
ant alleged had been entered into by him on false
representations. An Injunction was granted plain
tin on an undertaking, signea by two persons but
not by plaintiff himself, to pay any damages that
might be awarded the defendant II the Court de-
clded not to continue the injunction. The injunc.
nOn was vacated amt referee reported defendant
entitled to $1,000 and this report was confirmed by
the Court. From this plaintiff appealed. The only
remedy for defendant, tie Court said was by spe.
Cial action.
The New York herald., 1870-09-28
CCunI OF APPEALS CALENDAR.

ALBANY Sept.s27, 1870.
The following s the calendar of the Court OF Ap-
peals for Wednesday, September 2s:---
Nos 1853, ld7. I6s 100, ITO, III, 172 162 LAG, I52
ia, l76. 176, lit, 1913.
The New York herald., 1870-09-28

tho larceny was committed, rendered o verdict Of
not guilty..
Edward Gallagher, who was charged with at
tempting to steal Q watch from Harmon Lubcken,
on the 18th OF July, was acquitted. there being no
evidence TO sustain the prosecution.