davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-03-02
SUPERIOR c0uRT-TaNl TERM
Insurance Law.
Before Judge Mcneil.

Sturrn Us. atlantic Mutual Insurance Company
This suit, brought on . policy OF insurance for
$50, 900 on cargo valued at $253000, In which the
main defences were fraudulent overvaluation OF The
cargo ana connivance at the loss OF the vessel was
after eight days trial. submitted TO the jury yester
DAY. a,esSs...s. ss-~-e--
Judge Mcneil charged the jury that In insuring
there was an implied warranty that the vessel in
which the goods were placed was seaworthy-nt TO
encounter ordinary peris Of the voyage at Its incep
tion. The insured on trial, was bound to show
this Slight evidence was generally sufficient, but
where the underwriters set up the defence
OF unseaworthness then the insured must
make out more tnan mere prima facia case. The
worsHiness Of the Keess the schooner on IN which the
cargo was embarked. The insured was also bound
10 show an insurable interest IN the goods that 49,
placed on the vessel and tnat the vessel started on
ner voyage In this case the insured and insurer,
on making the policy, agreed on valuation or the
cargo at s252, 600 fhat value could only be dls-
turbed by showing q fraudulent over valuation.
over vauation OF the cargo and that the vessel was
not lost by peril Of the sea- but by the act " the
officers OF the vessel AS TO the nrst, even
gross over valuation, unconnected with fraud,
underwriters, but gross over valuation was a
fraud. Any fraudulent Misrepresentation Or ms,
statement as TO fact material 70 the FISK would
void Tue policy Ihe only statement @ 81 ans cost TO OF
He had not furnished evidence or the fair market
value at the time. He had rlgnt TO rely the val
uali0n in the policy. On this question the defendants
had produced evidence as to The character OF the
goods their condition, the low price they mad been
sold for within the year. and the Mexican bonds
given Ill payment. The jury must take II it ap-
peared TO them the fair market value OF the goods
IN New York; II not, then they must estimate the
from such circumstances as were before them.
The cost OF the property was not necessarily The test
OF Its value nor the nominal price paid for It, The
only other question was whether tlis loss occurred
by the perils Of the through the acts OF her
Oicers. II 1t barratrously lost by the act Of the
sailors or officers Of the vessel alone this of
the pers insured against Dy the policy; but II the
barratfy was procured, connlved at or c0ncurred in
by the plaintiif then was complete defence to the
the case this point, briefly charging them that
valuation, II they found 1t, would be wetghty
circumstance deciding this question, but leaving
the decision OF the iacts entirely to them.
The jury were directed to bring in sealed verdict
this morning.
Mr. Da Costa and Mr. Parsons Tor plainur, Mr..
John K. Porter ana MIR. Hand Tor defendants.
The New York herald., 1870-03-02
COURT or GENERAL SESSIONS.
Before Recorder Hackett.

BUHGLARiESs
The first prisoner disposed OF yesterday was
Thomas Sweeny. who pleaded guilty to burglary in
the third degree, and was sent to the State Prison
for four years and Six months.
Patrick McDerm0t. who was jointly indicted with
four other men, was tried upon charge Of burglary
II appears that the night Of the 2lst Of January
the store OF Barton Co., 6s Beekman street. was
burglariously entered by raising the scutsIe on the
roof, and 81, 800 worth Of knives and pistols taken
From information received by Captain Jourdan,
McDermot Was arrested and brought to the
When he had recovered the Captain had
q conversation with him, and he frankly admitted
tat he participated IN the burglary stating that the
goods had been sold Tor $420, and that he received
dered verdict OF guilty and the Recorder SEN
fenced INN to the state Prison for four years. His
Honor SAID that the frank manner IN which he
owned up TO ms crime saved him years imprison.
ment.
Andrew Mack was charged with stealing seven
teen tuDs Of butter from barge At the foot OF pier
III North river on the 3st OF January which was IN
the custody Of the Erie Railroad Company. Harb0r
policemen chased two men whom they saw sailing
in small boat which contained the stolen property
that Oflcers who were on duty IN Greenwich street,
hearing an alarm, took up the chase, and saw three
men running Mr. Howe. who defended Mack,
called . NUMBER Of witnesses TO prove the good
an eloquent appeal for the accused. The jury rem.
dered verdict OF not guilty.
Annie Hennemair, who was charged with stealing
ity dollars on the 18th Of August last rom Cathe.
rine Fehn, was acquitted.
The following IS the calendar for to-day:-The peo-
pie vs.. James Lee muruer: William Steele robbery;
James Revngt0n, burglary; Charles Courdeay ana
Maurice Warschener, grand larceny.
The New York herald., 1870-03-02
MARRIAGES AND DEATHS.
Married.

Married.
PERRrNE-HowLAND.-In Jersey City, on Tuesday,
Rice E. G. PERRINE. OF New York, to FANNIE A., only
daughter Of A. J. Rowland, Of Jersey CITY.
YsIand. on TUESDAY. March /. oy the Rev. Il. L. f.
Pratt JOHN w. STOUT, Jr., to VIRGINIA @. MARTIN,
daughter OF the late Edward Martin.
Monday February IS, by the BRIDES father, the
Rev. d. j. Henderson, ALBION v. WADHAxs,
U. S. N, to CARRIE Z. HENDERSON. NJ cards.
Southern papers please copy.
Died.
ARTHUR.-On Tuesday, March /, ISABELLA, daugh-
ter or Andrew and Margaret Arthur, aged years
The relatives and friends Of the family are re-
spectuy invited to attend the funeral this Wednes.
day) afternoon at two O'Clock, from the residence
OF her parents, No. 18l, corner OF Twenty-second
BERGMANN.-On Tuesday, March /, Hermann
Notice of funeral hereafter.
BIAoHLY-On Monday. February %. afier short
illness FRANCES ID. BLAcHLY, relic OF DE- b. Spencer
TSe relatives and friends. and those OF her sister,
Mrs. John Foote, are respectfully invited TO attend
the funeral, from the Church OF the Most Holy Re-
morning, a. hafpast nine O'Clock, without further
BoURNE.-on Sunday Feb. a. ALLAN RICHARD,
youngest son OF Rev. 5. and Susan K. Bourne, AgeQ
year and months.
Tne relatives and friends OF the family are respect
fully invited to attend the funeral from the Harlem
Congregational church, corner OF Second avenue
ana i2sth street, "wednesday afternoon at three
O'Clock.
BURDsALL.--At Railway, N. j., on Monday, Feb
ruary 2S, SARAH B. BURDsALI.
The relatives and friends or the family are invited
to attend the funeral services at st. Panps cnurcn,
Rahway, on Friday afternoon at two O'Clock. With
out further notice. Trains leave foot ol Cort-
landt street at one O'Clock P. N.
BUsBY.-At D0Dbs' Ferry, on MONDAY. FeDruary
2S OF scarlet fever, ANNIE only cnild OF Edward W.
and Mary Busby, granddaughter Of John Conssens,
aged years ana months.
Notice funeral hercufter.
CAMACHo.-On Monday, February Is. OF pneumo-
MIA LUIS, son OF Simon ana Maria L. Camaca0, ased
.rne funeral wi take place this "wednesday
Afternoon It two O'Clock, from the residence or
his parents, Fourteenth street, corner OF seventh
avenue.
COCHRANR.-In Brooklyn, on sunday, February
q, THOMAS A. @. CoCHRANE, SON OF A. q. q. Coch-
rane or Buffalo, aged 38 years.
The remains Will be taken to Buffalo for inter-
Menk
CoLLrNs.-On Tuesday, March I, THOMAS COLLINS,
native Of Mailow. county Cork Ireland, In the
The relatives and friends Of the family are respect.
fully invited to attend the funeral on Thursday
afternoon at two O'Clock, from bis late residence,
337 East Fifty fourth street.
California papers please copy.
COvELI--In this city, on Monday February %,
MARY HELEN, youngest daughter OF Dr. L. Cove.
Funeral services this wednesday, afternoon, ut
four o'clock at the residence OF her father 23 East
Seventeenth street
The relatives and friends Of the family are respsOt
The New York herald., 1870-03-02
A ''BULL MAKKEr'' FOR STOCKS.

the operators in the stock market likewise made
a skilful and prompt nanE movement by which they
ranged themselves once more harmontOusly on the
"bul" side The various cllques had not been in
accord on the question OF "Dear' assault, but to-
night they have arranged all their differences and
are working together. The "bears' made bril-.
liant sore last evening and pursued the same tao
tics this morning, with view TO covering their
'shortso Tney reconnoitred the situation In the Gold
Room and, finding tnat the fortunes Of the hour
were with the 'buis,n and knowing that in an easy
money market. with strong or even steady gold, 1t
was daring their powers too much to remain on the
"bear side, they out boldly the other tack,
and are now arrayed with the "puIlsn The decline
which STOCKS underwent during the past three
weeks is only portion OF the programme adopted
at the beginning Of the campaign for the spring and
summer. This intermediate ''mkDg OF the streetn
IL the means Of doubling the speculators' profits.
They have got through with the first part Of the pro-
gramme. The second grand advance In stocks 10 now
now to commence For the next few weeks we shall
hear no more about tight money or reduced railway
earnings or watered stock. Even If gold. following
its inevitable Destiny should Decline shall be told
that ..stocks have cut loose from goldn and
that the sympathy OF the two markets is entirely
artificial. The rings and combinations are now
united on the same SIDE, and the market will
receive their joint support The first effect Of the
change was an advance Of about two per cent in the
leading speculative favorltes. while Harlem, which
has come ia for fresh attention from the Vanderbilt
party, rose from 1873 to 143 With few exceptions,
the rise extended to the whole list and these excep-
tions are due TO the fact that the special clques
operating in them were not as prompt 10 turn as
their more powerful conyieres. The following table
viii exhibit results In a comparison OF
The New York herald., 1870-03-02
FINANCIAL and COMMERCIAL.
WALL srREEr.

WALL SrREKr. /
TUESDAY, March l--6 p. M.
The financial weathercock veered sQuarely about
day under complete revolution In the specua-
tive feeling In the different markets.
GOLD REACTS TO 1lok.
The clique who took hold OF the gold market for a
rise on the basis OF lis have been favored by the
confluence OF several favorable circumstances. In
the nrst place they succeeded In tempting heavy
short interest," and the bears from III down to 116
still strong force although the strength OF the
premium to-day forced many OF them into covering.
Holders OF gold had their balances carried ior rates
ranging from ave per cent down 10 "nat"
or free OF interest, although IN late transacuohs
those who dealt ex Clearing House paid -FOUR 10 nvc
per cent. the difference shows that the "snorts"
are for the most part the regular speculative opera
tors who deal through the Gold Exchange Bank.
How successful the new deal will prove remains TO
be seen, but ~ the spectators have now made an
unnatural demand for gold, by selling what they DO
not possess, they have Afforded the "bus' an op-
portunity Of giving the market unnatural strength,
for the same Influences which operate for decline
stiil exist despite the facts upon which the bulls
are putting up the market. The earliest sales
OF gold were In the vicinity OF IlS, on
the strength or the nrst cable despatch,
giving 90x the price OF fve-twenties In London.
Wnen later the quotation came 9OK, and when As
sistant Treasurer Folger announced TO the Gold Ex
change that owing 70 misunderstanding OF the
orders Of Secretary Boutwell, he had advertised the
sale OF million more gold than was intended during
the month OF March, there was an excited advance
to II6. The amended order OF the Assistant Trea-
fixes the sales OF gold for the 9th and 23d inst
The programme Of bond purchases remains
without alteration. The bearsh feeling was
30 strong, however, that this advance pro-
duced free sales, and decline TO 115h ensued.
But here the "bulls" came In with the discovery
that the coin balance or the government II reduced
by the certificates In circulation and Dy the outstand
ing accrued interest on the national debt would
amount to less than $50 00o,o ooo-a state OF things
precuding the chance Of heavier gold sales in the
immediate future. Upon this there was further ex-
citement, and the price rose to 1l64. The chief
fluctuations of the day were as fQllOWs:--
The New York herald., 1870-03-02
THB HIGHEST AND LOWEST PRICES.
GOVERNMENTS STRONG,


The reaction in gold was responded to by
1rmer mark t for government bonds; but the
advance IN prices was not as great comparatively,
owing to the continued existence OF the move
ment Tor decline, the parties to which checked
the upward tendency for the purpose Of buy
ing The latest street prices were as follows:-
United States currency SKIES, l1lS Ill do. sixes
1851, registered, 116 118M; do. do. coupon, 1857
q l16M; do. fye-twentes, registered, May
and November, 1l3 1l34; do do, 1862, coupon
do, ia 1l41s; do do, 1864, DO. do, 1f3 l13h;
do. DO, 1885, do. do, 11S2s 1875 do. do registered,
January and July, liz l121s; DO. do., 1885,
coupon, do. liz 1l21s; do do, 1867, do. do 112H
1l2K; do. do, 1868, do do 112,< 1l2x; do. ten
f0rties, registered, 1857 a l09; do. do, coupon,
10SN q 100.
The Southern list, which was 80 STEADY during the
fall IN gold, continued STEADY In t0day's reaction.
The exceptions the Virgtnias which rose to 90
for the old and s7l for the new, upon large foreign
orders-an advance OF about six per cent, and the
new Tenncssees which were heavy. The latest
street prices OF the Southern list were as foows:
Tennessee, ex coupon, IS 65; do, new, 454 453<;
do. i've per cent 40 AZ; Virginia, ex coupon, 6SK
90; do, new, 81 q d7tI; do, registered stock So
a. do registered, 1886, 80 co. do. do 1867, 81 bS
Georgia sixes 81 50; do. sevens 92k 9S; 90. do,
interest payable IN georgia, " w; N0rtn CArVnna
ex coupon 45K 4e; DO, new, 25k 70; do, special
tax. PAX 24>< Missouri skies, 93k 931l; do. Han
nibal and st. Joseph, % "a; louisiana skies, 7la
TO- do. lsvee skies, 7o1I n; do. do. eghts, 7sk
so Alabama eights, 93 OAK; do. hves, So "a; do.
skies, sterling, Is go; South Carolina sixes 81 30;
do new so sox; do registered stock, n a,s0; city
OF Memphis sixes ok 52 city of Atlanta eights IS
81; city OF Savannah sevens, "a S5; city OF New
Orleans consols, 73 "A; do. d0 issue railroads. II
u; Mobile and Ohio sterling rs "a; do. eiQhts 6S
TO- Mississippi Central Railroad, first mortgage, 70
"a; do second do., 90 = o.; Memphis and Charles.
ton, first mortgage, s5 81; DO, second, IS q 7s
do., stock, ~ . 43; Greenvile and Columbia Rail-
road guaranteed, 81 90; Macon and Brunswick
Railroad, guaranteed by State OF Georgia, so 50.
THE MONEY MARKET.
on call there was an abundant supp ly OF money 81
four to Six per cent In commercial paper there is
some hardening In rates owing to disinclnation to
employ funds on time loans, two months OF the win
ters idleness OF capital having already elapsed.
Hence buyers are indisposed TO tie up their funds
over the first OF May--a time likely to BE- attended
with considerable activity in money. Paper which
was current heretofore At sh to per cent y now
The New York herald., 1870-03-02

Wheat was dull and heavy Tor spring which was
offered freely, but 6rm for winter, which was not
q. E. q for '.r No. ssn1s T. Is ;Se s o'b,In u
store inferior spring and mixed spring
private terms. Corn duh and lower for old, which
offered 81 Ga in store, with III Of bd tho aass
bushels at III 02 for Pennsylvana yellow, l 0
81 C6 for small lots old mixed Western and 80c &c. for
mixed Rye hrm with sales of xSOO bushels esern at
6bc Oats steady but quiet and nominal a b5c bid for
Western sales 1000 bushels st 55c for Western
6s1Sc. for State Barley and barley malt dun and
prices wore entirely nominal
FREIGHTs-The market dull the offerings being light,
and 10 almost all parts lower The charterina
very quiet and rates generally heavy Ths
engagements Liverpool fSO bbis rosin at 0d,
20 bales cotton at and steamer 1000 bales cotton
1t xd Zoo bbs rosn At 0d and % hhds tslow 12 3D.
To Hamburg 5000 boxes extract logwood at lcs 3D. To
Rotterdam, l0 bbls rosin private terms To Bremen
1880 bales cotton &c and 500 bbls roain at s Cd 70
London, per steamer, via Bremen loo 30s
0O tsroes beef 3d. The were brig to
the Mediterranean, with 800 ob petroleum, at g. 3D.
bark from Philadelphia 70 Sten, With 100 bbls 6s
bark hence TO Cork for orders a A. 3D. TO the Baltic at
Be- with $500 bbs petroleum. bark to R0tterdam general
cargo brig 5 bbs to the Wndward, private terms
and schooner 10 the north side Cuba and back sugar.
GUsNIKs-Bags were quiet but firm at 1sc 9Oc Cloth
In good demand, and prices hrm. The sales
AS baes, 4Snch In Boston, ct c god in 100
do to arrive there Goode At 2xc do and 10 arrive In
New York 200 bags Cicero and 50 do R0odee both
at Rhc. do From Acssrs Joseph B. Glover Co.'S crcu
lar, dated Marcn !, 1870, ws take the following
Arrived
sincs Jonuorv1. Stock March /.
The New York herald., 1870-03-02
THE COU r T S..
The Meads-spanish Treaty Of 1Sl0-IAtersstiny
Claim Case-Cases Fixed for TriL-The Mar
tin q. Cook Whiskey Prosecuion-The
Ship Neptune Cass-Burglaries.
UNITED STATES SUPREME COURT.


Uhe nfeadc.United states-Spain Treaty Of
1s18-An Old Claim Renewsd-Importanf
and Interesting Case.
WASHINGTON, Marcnl l. 1870.
Richard W. Meade Administrator QT Richard W.
Meade us. the United States.-Appeal from the Court
Of CafDs.On the 22d Of February, 1872 the date oi
the signing OF the treaty between the United states
and spain, Mr.. Meade father Of the present claim
ant Commodore Meade, ana also OF General Meaue'
had large claims against the Spanish governments,
ON account OF certain contracts and alleged personal
injuries. Prior to the signing OF the treaty spain
had appointed tribunal to adjust these cafms Out,
upOn its signature, the hearing OF the matter was
deferred until after failure TO ratiy by spain
within the time fixed, when the investigation was
proceeded with, and terminated In judgment
IN fayor OF Meade In May 1890 for the sum OF
S70 8s with interest from she 19n OF that month";
TnaI tribunal required Mr.. Meade to produce and
surrender All mis- original vouchers and proofs OF
ms several claims. subsequently negotiations were
renewed between the two governments and the
treaty was finally ratified upon consideration, in
parI, ss insisted BY the claimant, that the United
States would pay this adludicated claim 70 Meade
Commissioners were appointed to adIudicate ali
claims under the treaty, and, among others, Mr..
Meade's award by the royal junta Of spain was pre-
sented; but IN 1924 II was rejected because was al
lowed after the date Of treaty, the Commission hold
ing that mad no Jurisdiction OF claims arising SUBJ
eequent to that date.
Inc Judgment OF the Court or Claims was against
the claimant want or jurisdiction, and the IL
brought here, counsel contending tnat under the
law creating that court It has Jurisdiction and must
give Judgment for the amount claimed accordance
with ITS findings Of fact. which clearly established
the claim
ON the merits it is contended that any authority
Mea0e had given TO the United States to settle his
claim prior TO the date OF the treaty became rev0-
cable by him from the moment OF failure OF ratihca-
ton on the part OF Spain, and that his appearance
before the Spanish tribunal thereafter upon its n0t
ncanon That Is was ready to proceed was complete
revocation OF any authority 30 given II Is also In
sisted shat the subsequent acceptance OF the terms
proposed between the parties and the rellnqush-
ment Of this claim to Spain by the United States as
part OF the consideration paid by the United States
Tor oncr stipuatlons OF the treaty thc concession
OF the F0ridas) was taxing OF private property for
public use, and that the government ~, therefore,
bound to mako just compensation for the acL
The government submits tnat such taking OF
private properly does not raise such implied con-
tract ior compensation will be enforced ia the
Court of Claims. That obligation rests upon the
sovereign and IL for Congress to discharge.
The New York herald., 1870-03-02
STREET QUOTATIONS.
Half.pa.t FIxe o,CIock =. M.
COMMERCIAL REPORT

TUESDAY, March Is Pm.
CANDLEs-Ths market for al kinds extremely quiet
the demand being confined small lots prices
changed, Western and city adamantns quoted lie.
. 22o.; sperm, 4oc, and patent. SOC.
COCOA dull but holders firm In their Views, In
consequence OF aalness of the stock. 0usyaqu in
bond, quoted at &c., god and Aaracaibo, do Boo.
Bic do Sales Is bags Caracas and - do NArAcaib0
private terms.
CoTToNThe market for this staple very active the
demand being chiefly for export but prices receded
b IN Of tho free onsrins the market clos
sales were e,6ls bales, Of which s6sl were for
expert SIC for spinning s% on .|Rsca!a.,en, ana
Est was active ,,, 6u. .s soo r. ~ lower prices
March .s sc 2c 800 do for April At 22Ac 500 do for
Nay At 22sc e50 do for June at 20 22kc, $500
do for June 22Hc, 800 do for July 22xc 800 mid
ding for July a 2so and MI late S Yesterday lg bales
and June aassc 200 May 22Sc 22ss and 100
do. for June at y ll-l6c. We quotc:-
The New York herald., 1870-03-02
tax On the u, barrels Of spirits, A. DON'T rsmem-

tax on the 1as barrels OF spiritss A. Don't remcm-
ber ever seeing any such entry IN the BOOK.
book removedf A. don't know; have not seen
tue cash book since the seIzurc cannot say whether
for the cash book but could not ind 1t.
U. When was yhatY A. After the subpoena was
served upon him and subsequent TO tne arrest OF Mr
Cook dld not look for the check book or the otner
Ferdinand Young clerk for Gordon. Fellows 4
whskey enter the gaugers' returns and then gauge
the contents HIMSELF on the first day OF August re-
and found 0JOs gallons; noisted so barrels to the
second noOr and the balance were holsted To the top
floor; never saw Harrington there.
by Mr.. Plerfepont--Received 100 barrels OF whis-
key couple Of weeks after the receipt OF 1913 bar
rels; received the 1873 barrels from the warehouse
the gauge he made Of 5000 gallons; frequently knew
OF the gauge eilng against instead OF IN favor OF
the merchant, and sometimes IN favor of the mer-
chant and against the government.
James FISHER, superintendent Of the recriying
house Of Gordon, Fellows Co. since August 1868;
whiskey; made up las barrels OF Shields bourbon
from fty barrels OF other spirits; reduced the wnis
pn en sa o. sp aon
matter; the whole was made uD IN three tanks
eacn holding MY barrels pecs the nay earses rset
were brOught from the upper ioIt on New street.
made Inc whiskey IA TWO or shree DAYS; laS 0affeS
OF the process Of making the 14s barrels OF whiskey
referred to.
some further testimony was taken ana the case
adjourned.
The Ship Neptune Case.
Before Commissioner Shields.
The United States Cs. Peabody Brad1 ana
Another.-The accused, Captain Peabody, OF the
snip Neptune s charged togesher with the first and
third mates with cruelty TO members OF the crew on
the late voyage Of the Neptune to this port.
The first witness called yesterday was Samuel
Brown for the prosecution He said that Brady, the
first mate kicked and beat him numerically during
the whole passage; could not say how often he had
been thus maltreated; never saw the captain strike
any OF the seamen but witness himself; he was twice
laid mp during the voyage rom III treatment; the
nrst mate BRADY beat the men nearly all the vOy-
age out.
Michael Mcdonald deposed that the captain beat
him with q Delaying pm; the first night out from
Liverpool was beaten Dy the captain. In the caoin
tI his lace was the color O liver and he c0uid not
see out OF his eye;" believed that the cOlored man
who was buried at sea was beaten to death; the
c0l0red Doatswain peat the other c0lored man; the
mate witnessed the beating.
Some evidence for the defence was then given,
when the case was adjourned over TIL to-day at ten
O'Clock A. M.