davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-01-29
SUPERIOR COUST-SPECiAL TERM.
Tho Clarlke.Bininxer Case-Importnnt De-
cisiOn.

Tho Clarke. .Bininger Cnse-Important DE.
cisiOn.
Before Judge McCunn.
In the proceedings to punish John T. Beecher for
contempt, in attempting assignee In bankruptcy,
to take possession OF the property OF the firm of Bin
niger Co., already in the hands OF the super.
intendent, Judge McCunn yesterday rendered his
opinion in substance as fol0ws:-
The motion punish the respondent John Beecher
FOR contempt OF court IN violating order OF Injunction
respondent admits the facts eons
ug iSe o. e"s kes IN an alleged
of Of & he ss ss Of 1s
before me is the suiuciency Of the iu.thcasion
sssnsa By The 5e,ponasns s dseIon q
ssnsrapsy interfere with or TO arrest the OF
Of Justice The action in this nature Of
b In equity brought by partner against another the
@ xasRs R
his IL aaa an y CO ns THAT action
q; hns judy Wherein the rights and interests Of
ie,se, VIII be asce tained adjusted and protected
In aid Of tho ultimate esI an W was ranssa ans
receiver appoined with view to tho protection OF
a % 5 Tss .sn en Il. va, & a
d & s Of x.
ess M ana nsd ns bond on the said 18th OF No
bsry and has Remained IN possession TO the
se@f e sa n
v u s Contituton ex parte burns Law Register lu5
M h M s now
ths oAcer His Possession .s is The possession OF the
pointing the, receiver, and the fling lis bond IN IN
e saa e IL a, 10 ali yIt tie ne was vested W
properly In contemplation of law, longer property
bic right 10 whaever surplus remain after satscsn I'll s
OF the copsrnershps creditors recognizing respect
less contest the authority that honorable
already attached jurisdiction OF the Superior Court and
compei the surrender by its officer OF property duly
VI judicial a s and sas now ",
court OF bankruptcy, is the creature of statute, and
lex parte Hugh Campbell, American Law Register ioO
The intent and policy Of the Bankrupt law Of
satfc,on of creditors hence The only trans
preference or fraaa of credit
ars ana 0 e II as o s act dis
tSs forum sh where lust and equitable dls.rib tion o.
the q o.hsf @ or co%peeas .%ho
saceps " q is neither
ton OF the corarnersnp proceeding in bankruptcy
between the tribunals q kindred and assocsisa
on In his the superior Court otherwise than
can 1t be contended for moment that
msnt q an action IN state court an act Of bankrupcy
Tie pasy
principles with equal protect The rights
equity why district Court should attempt to GUST
OF THIS court. My position B grounded
well upon authority In the cited below
all federal power and jurisdiction claimed
piledy and In others most expressly and disiinc,ly
favor these anomalous pretensions asserted Judge
McCunn here cited large number OF authorities support
OF his ruling this point conclusion said
am obliged to Judge the respondent guilty OF technical
contempt OF court; In consideration
Intentional dsrespec of authority, protests his
con duct controlled by the advice counsel, dis
miss him with only nominal punishment. 30 suces
for the vlndcaon OF authority. trust the respondent
VIII spare US the necessity OF any more
that authority
The New York herald., 1870-01-29
SUPREME COURT CHAMBERS.

The Balasky-Blddlc Shooting Alray-Ailoscd
Breach Of Promise Of Marriage.
Before Judge CardozO.
IN re Baiasky.-This case came up on motion for
an order oarrest against Leo Balasky for the alleged
seduction OF Emily Knickerbocker on q breach OF
promise OF marriage. Mr.. howe set forth the facts
connected and read the aidavit Of the girl, showing
that Balasky was about to marry another.
Judge Cardoz0 granted the order, aud ordered the
arrest OF Balasky, and placed the BAH at 5000
InTe Btddte.-Aitcr the previous case had been
disposed OF return to the writ of haDeas corpus by
the keeper OF the city Prison IN the case OF Biddle
was produced before the court
MIR. Blunt, on behalf OF the prosecution, submitted
the temporary commitment on which the prisoner
was detained.
MIR. Howe stated that Baiasky had failed to make
any complaint against tine prisoner, and had been
released from Bellevue Hospital last Wednesday en-
tlreiy convaescent. Although search was made for
him ne could not be found, and 1t was now ascer-
tanned that he had abscOnded. Under the circum-
Stances counsel asked Tor the prisoners discharge.
Mr.. Blunt SAID there was nothing shown except by
the commitments.
Judge CardOZO adjourned the further hearing OF
the case TIL Monday.
The New York herald., 1870-01-29

Interesting TO Physicians-The Admirers Of
Esculapius in Controversy.
Before Judge Freedman.
Rogers cs. Hugdyt.-Tne plalntIn claimed sl23 for
services as a consulting physician. The defence was
that plaintiff was employed as attending physi-
clan, and that his services were not Immediately
required. Hall dozen doctors testified that the
plaintln,s advice and treatment were proper and
did not cause the death OF the defendants child
prime Injection was improper, and III their opinion
1t caused DEATH
The Court refused to allow the jury to pass upon
any question except the value OF the piainJllf,s
services, TO which exception was taken, defendants
counsel declining to address the jury within ten
mInutes the time allotted by the Court.
The Jury returned verdict Tor the plaintiff for
500.
fendaut.
The New York herald., 1870-01-29
UNITED STATES DISTRICT couaT-ls AaaiaAlTx
Verdict Against Rn Insurance Company.
before Judge BlatchfOrd.

Before Judge BlstchfOrd.
Duncan McCaU Tie Sun MUTUAL Insurance
Con,panY.-Tnis was an action to recover insurance
on the bark Londe, which, on a voyage with coal
from Mlramichi, put ingo Cow Bay and was there
sunk. The was held last February, and the
plaintY failing to make out technically his owner
snip, was allowed TO withdraw Juror. The
was again held this week. The defendants con-
tended that the putting IN at Cow Bay was devia-
ton from The prescribed voyage, but II was
SHOWN that sucn deviation was customary
Defendants also claimed Gaat as the vessel was
afterwards raised and sold, and is now anoat that
there was moi a total loss, and proper abandon
ment Was not made out
The Court oyerruIed all these points and directed
verdict for the plainti1 for S13,450
A Collision Case.
Cornelius Lynch as. Steamboat Gratitude and
Schooner A6ner 7avl0r.-Thls case is for damages
caused by q collision in the Kills, In October 1868,
between schooner Taylor ana the canal boat Uriah,
In tow by the steamer Gratitude. Counsel for both
parties admit the damage Occasioned by the COLI
SION must be charged TO one the other OF the yes
6elS. The summed up by counsel IOr the
various parties yesterday, and papers taken by
the Court, who reserved his decision For hbellants
Goodrich a. Wheeler; BeeDe, Donahue & Cook Tor
the Gratitude, and 4. u. Mccarthy for schooner
Apner Taylor.
Tho Seizure Of tho Continental.
The steamer Continental was seized on Thursday
last order from the court served by the United
States Marshal, but allowed to proceed on her
usual trip TO New Haven with deputy marshal on
uoaIus 10 dHcAcu uu tiic pdi6 vi OWucrS tndL
the steamer never carried any kind OF whskey, as
her nelght always consists OF passengers, baggage
ana dry goods Ihe reason OF her arrest was that
In October last one Of the steamers OF the company
received at New Haven cargo OF empty whskey
barrels, each OF which bore revenue stamp
uncancelled, for shipment to New York.
The steamer that was 10 have carried the
barrels was the Traveller, but tie Dill of lading
was In the name Of the Continental. 1ne necessary
papers, bonds, &C., IN the were flied yesterday
the DlsLllct Attorneys office where the officers Of
the boat proposed paying the fine OF $500 on eacn
barrel provided the government would not continue
the prosecution. Mir. Pierrepont Will refer the case
to the authorities IN Washington, whose instructions
will be followed Al the matter.
The New York herald., 1870-01-29
UNITED STATES CIRCUIT CouaT-.N BANKRUPTCY
The Clarkc.Dininger Cnsc On Appeal.
Before Judge woodruff.

Before Judge woodruff.
In the Matter or ClGrE- Biningy, Declared
Baah7upts. An appeal was taken on this case from
the decision or Judge Batchford declaring Abraham
b. Clarke . bankrupt. The case was set down for
argument yesterday, but the appellants not being
ready the case was ordered TO stand over TIL
"Wednesday next.
Motion Against tho Jurisdiction Of the
Superior Court.
Motions behalf Of the creditors for wrIts to pre-
vent the Superior Court from taking action nulfy-
ing the proceedings in this matter OF the United
States District Court In bankruptcy and prevent
the receiver appointed by the superior Court or any
other person, from interfering with the rights OF
assignee III bankruptcy appointed III this matter
were also put over to Wednesday, wnen the appeal
case will De decided.
The New York herald., 1870-01-29

Dents afldavits which warrants are insuef for
the arrest OF parties 80 accused. arm determined
TO find out the parties who ha0e made such false
adavits and we will have them here too, II there Ii
power Ia the Court 10 bring them mere. propose
that the examination DO adjourned TIL next Tues
day.
The COMMISSIONER shall issue attachments for
the arrest OF the parties, and wnen arrested they
snail remain In custody till Tuesday next at ten
O'Clock. when they shall be produced IN couft.
The case was accordingly adjourned, ana the au'
dience cleared out filing the c0rflder5 ana NAILS a.
they passed 10 the street.
The New York herald., 1870-01-29
COuRI OF GENERAL SESSIONS.

Before Cunning 8. Bedford, Jr., City Judge.
The court met at noon yesterday and the Grand
Jury brought in numDer OF indictments. The
foreman stated that they would complete tneir
labors on Monday, at which time the CITY Judge
Will discharge them for the term.
Peter Hagan, who was indicted for carrying .
slung shot, was honoraby discharged
Samuel Taylor pleaded guilty to an attempt at
grand larceny he having been charged with steal
lug case Oh shoes valued at fifty dollars the pro-
Penilentiary for one year.
The New York herald., 1870-01-29
SUPERIOR CCUaT-SPfCIAL TERM.
Surrender aud Exoneratine Bail in q Civil
Action.

Before Chief Justice Barbour.
Hall Us. Paine ct dl.--In this case the parties had
a stock transaction, upon which action was brought
and in which the plantirf recovered q Judgment
against the defendant Paine. He was taken into
CUSTODY upon an order Of arrest, ana gave bail;
the Snerin, on execution against the defendants
person, returned that he could not be found, and
subsequently this action was brought against the
suretieS. The defendant surrendered himself within
twenty days after the service OF the complaint but
NOT within twenty days after the commencement or
the acton.
motion was now made by Mr.. A. II. Reavey for
leave TO surrender and TO eAonerate the ball. which
was argued ana resisted by Mir. Walker ut some
length.
Inc Court granted the mot ion without COSTS
The New York herald., 1870-01-29
THE COURTS.
Important Proceedings in the Law
Courts Yesterday.

The McGarrahan Suit In the United States
Supreme COurt--The Clarke -Bininger
Case ON Appeal-Verdict Against an
Insurance Company-Compelling
Wife to Testify-Bankrnptcy
PrOceedings-Thc Oakley
Embezzlement Case
The BIeccker Street
Shooting ARRAY.
The New York herald., 1870-01-29
NEW YORK CITY.
Military Rowdyism-Infant Mortality
New Emigration COmmissioner-ciga
Makers MOyemcnt-HamiitOn Col.
Iege Alumni - Miscellaneous
Incidents and Items.

The following record VIII show the changes In tho
temperature OF the weather for the past twenty-four
hours in comparison with the corresponding day OF
last year, Indicated by the thermometer at
Hudnut's pharmacy. HERALD Building, broadway,
.f
The New York herald., 1870-01-29
rai1tD STATES DISTRICT cousT-IS BANKRUPTCY.

Compelling Wiie 10 Testify.
In the matter OF stats ID. WoolIord, bankrupt,
question as to the power OF the Court 10
pei the wife OF the bankrupt to appear and testify
before the Register Ia relation to ner husbands as
sets.
Judge Blaichford decided that the wife must ap-
pear Tor examination as witness the same as any
other person subpunaed IS witness, and that II she
refuses to testify she may be committed for con-
tempt.
The New York herald., 1870-01-29

was the cashier Of the Merchants' National Bank,
in this city, and stands charged with embezzlmg
over 100000 OF the funds OF the bank The Com
missioner held the defendant Tor the action OF the
Grand Jury.
The New York herald., 1870-01-29

vely proved that an accusations made against them
for the murder OF their children entirely with
out foundation. The mystery y greater mystery
than ever
The New York herald., 1870-01-29

Average temperature yesterday. AZ
Average temperature Tor corresponding date
last year. 43sA
The New York herald., 1870-01-29

Yesterday, while at work in Gidersleeve's saw
mil, corner OF Thirty-second street and First ave-
nue. Francis Fries OF No. 32s East Twenty.ei eighth
street, had two fingers cut of by his hana coming
IN contact with "a circular saw.
The New York herald., 1870-01-29

Mary Connally, OF No. 2Ol Greene street, who had
q quarrel with her lover, yesterday morning took
dose of laudanum with u view OF cnlIlg her trials
and trbuiatious. Medical attendance her lie,
however
The New York herald., 1870-01-29

The next lecture In the free course OF scientific
lectures for Inc people, at the Cooper Union, Will
take place IN the Great Hall, this evening, at eight
O'Clock. euOJect-"Mammals man ami Nature"
Lecturer, Professor A. j. Ebeil
The New York herald., 1870-01-29

The stationary engine which Is to operate tue west
Side Elevated Railway was completed Thursday.
the last shaft beng now In position. There IS but
little more 10 10 before the company announces the
GATE at which travel Will commence upon the line.
The New York herald., 1870-01-29
UNITED STATES cOMaissONEHs' COURT.

Tho Oakley Enibexzloment Case.
Before Commissioner Shields.
The U,silsa Ss4bes ps. 4. VI Qa1sey, -Ile delsDdaat
The New York herald., 1870-01-29

AT the regular annual meeting OF the irish Emi-
grant Society, held the 2Otn INST. 81 Chambera
street. James Lynch OF No. Is Broadway was elected
president, vice Richard O'GOrman, Corporation
Counsel, resigned. Mr. Lynch is therefore q Oom-
missioner oi hlni.raCi0n er CDictO.
The New York herald., 1870-01-29

The funeral Of MIR. Jesse O. vanderpoei, for many
years connected with the District Attorneys office
as Deputy District Attorney, and who was recently
appointed Probate Clerk by Surrogate HutchinQs,
took place yesterday afternoon irom No. West SIX
teentn street, corner or Firth The remains
were taken 10 kInderhook.
The New York herald., 1870-01-29

The sale OF the remainder OF Mr.. Burrs stock OF
jewelry was continued yesterday. The attendance
was much larger than on Thursday. and there being
more bidders the prices realized were much better.
Many oi The buyers were ladies' and as several OF
them tancied sne article there was a good deal
oi rivalry displayed a large opal ring. set around
win diamonds, sold for Sllo: another with large
Syrian garnet sold for $29. Several god CHAINS
sOid tor .l2, SO ana SO.
The New York herald., 1870-01-29

Several Of the prominent mix dealers OF this city
have recently been yictimized 10y an Ingenious
swlndler who Is IN the habit OF representing himself
as their authorized agent for the collection OF bills.
lie described tall, slim Individual, with dark
hair and eyes. Captain AIaire has been on his
track for some Time, but has not yet succeeded in
encctng his capture.
The New York herald., 1870-01-29
SUPERIOR C0UHT-Ta;AL TEaM--paRT 2.

'urt granted the motion without costs.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17
WIMPN.

The New York Standard RadicaD
pays its respects 10 a Radical candidate
for Congress down in Georgia after this
fashion,:
"rhere is peculiarly unfortunate gen.
llemsn down in Georgia. His name is
John A. Mimpy. About year ago =
correspondence between Mr.. Wimpy and
= sgindling firm in thus city which adyer-
Used counterfeit money for sac, was
published, and seemed 10 show design
on the part of that fellow 10 play upon
the financial susceptibilites of the people
of his native State. Mr.. Wmpy fortified
his defense with affidsyiIS signed by
Rev. gentlemen, asserting that he was
acting IN the character of a detective
merely. Now we have other COrrespOn
dencr of Mr.. Wimpy with another firm
| of the same character, in which he con-
fesses a loss of 1920 in the pursuit of his
benevolent investigations. Mr.. Wimpy,
we observe by the Atlanta Ne1O Era, is
4 candidate for Congress in his district.
His financial ability will find ample scope
if he succeeds, and under the manage
ment of such men, our currency question
NAV be definitely settled. We doubt,
however, if the country is yet ripe for
the legislative exercises of his peculiar
abilities"
OF such is the Radical party in the
Southern States.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17

Fiji y-five Senate subsidy bills,
fOrty-hrst ngress............ lo9, ZZ4, 9ZU
These are all Senate bills. That body
appears to be the peculiar hot-bed for
these swindling schemes. The Washing
ton correspondent of the New York Her.
aid writes:
''The above, it must be observed, is
the lowest official estimate of the land
subsidy demanded by the fifty-fv Senate
bills of the present Congress. AL ofthem
are likely to pass.
''The lands already given to corporations
by Congress, together with those proposed
to be given by the present Congress,
amount, according to the lowest official
estimate, to the astounding aggregate of
409, 224, 900 acresi The amount Of land
thus squandered by Congress is more by
G, O5S, $50 acres than is contained in the
entire area of Maine, New Hampshire,
Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Ohio,
Virginia, North and South Carolina,
Georgia, Florida, Alabama, Mississippi
and Louisiana. The twenty States above
named contain an aggregate of 1913, 1885,
$40 acres. If the subsidy jobbers get the
amount demanded in the fifty-five bills
now pending, they will have, including
the gifts of the previous Congresses, not
less than 400, 224, 800 acres, almost
enough to build and equip half the rail-
roads in the United States.
SIN relation to the value of these Con-
gressional gifts we have abundant official
information. A small portion of the
land is cut up into town lots and sold by
the foot at rates varying from five hun
bred dollars per acre upwards. The large
portion is sold for farm lands at prices
that range from two dollars TO fifty dol
lars per acre. l clip the following from
an advertisement of one Of the Union
Pacific Railroads financial agents: Be
tween July %, 1869, and July l, 1870,
the Union Pacific Railroad Company sold
1871, 1872 32-100 acres for 1884, 09l.03,
being an average price of $4.6O per
acre.
''The lands given to the Union Pacific
Railroad Company are among the poorest
that have been given away by Congress,
but they average $4.G0 per acre, as Is
seen by the above. Those given to other
companies average all the way from seven
dollars upwards. The lowest possible
estimate that can be made is an average
of five dollars per acre, or 81, 046, 1874, 900,
and the end is not vet
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17
THE FIFTH DISTRICT,

The Jonesbors Herald and Tribune,
Radical, having stated that Col. Golladay,
member of Congress elect from this dis,
trict, was disqualified from holding office
under the third section Of the fourteenth
ameudrilent 10 the Constitution of the
United States, we took occasion 10 deny
the assertion. In its last issue, the Her
aid and TriJW1C says in reference "a
its charge:
That statement was based upon the
statements ~ Democratic newspapers
which had opposed Mr.. Gollaisy's rlec'
lion on that ground, and which we took
for granted was good authority, being Ia.
Gated IN his dis'r'cl and having every IA
Cility for obtaining information. We
have. however. since learned thai Mr..
Golladay has lal his disabilities removed
by Congress. and he is therefore MT dis
uuslified. We make this correction on
the authority of Mr. prnsser, The Rcpuh'
Iican candidate, with whom We had s
q conversation, while on his way 10 Wash
iugion.
The Herald amt TribWae proceeds
YIr. Prosser will contest the SCAT on The
around OF fraud aud ininGdstion prac
iced by the Democracy in That section "a
secure his defeat.
We do moi know what course Col.
Prosser will eventually pursue. We are
aware that some of the more splenetic Of
his fsrty advised, indeed almost instructed
Col. Trcsser before he left for Washing
ton to make the contest. We hope, how
ever, that Col. Prosser will become salts
fed before the expiration of his present
term of service of the injustice that he
would be doing, not only to himself indi
viduslly, but to his. party, by making
contest upon such absurd grounds. lie
us have peace
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17

GRANT has been playing double game
with his Pennsylvania Radical friends.
The Washington correspondent of the
Philadelphia Press writes, Dec. 10:
cit was rumored yesterday that the
President lad determined TO appoint Gen.
Pleasanton Commissioner of Internal
Revenue. The rumor, however, was not
generally credited, especially as the Presi-
dent last week had intimated to the Penn
sylvania delegation that he would appoint
Mr.. Douglas to the place. The Pennsyl-
vania delegation is not only surprised,
but indignant. Last week Gen. Logan
protested against the appointment OF
Plessanton, as did also Senator Fenton,
on the ground of general unfitness fol
the place, but all 20 no effect. He is not
the choice of either of the New York
Senators.
Ii is characteristic of Grant to promise
to do a thing and then do the very re-
verse That was the game he played
with the Southern people.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17

In
1t thus appears that ,, JAG, 800 acres in
the remaining counties which paid taxes
in 1861, did not pay taxes in 1869.
There are about 29, 900, 900 acres of land
in the State, yet last year only a, 726,
$40 scres were assessed for taxation. Ii
thus appears that more than 4, 900, 900
acres were not taxed at all. This results
from the neglect of the assessors 10 as
certain definitely the number of acres
owned by each tax payer in their respec-
tive districts. This is a defect which
ought to be remedied, and can be rene
died by the appointment of the right sort
of men as assessors, or by requiring land
owners to give in the number of acres
they possess under cath. Some men give
TO the assessors every acre of land and
every dollar of taxable property they
own, but the returns 10 the Comptroller
show that great many do not. 1t is
unjust to the former that the latter should
not be made to bear their just proportions
of the burdens of the State government,
and it is the duty of the Legislature to
devise a remedy for the evil. We have
already shown that there is nothing like
fairness in the valuation fixed upon lands
in the same county for taxation. Take
Davidson county as an illustration. In
1851, the average value of land
in the county, excluding town lots,
was $685.; in 1867 it was fixed at
$2e. 81; in 1868 at $27. 46, and in 1859 at
$3.50. Every body knows that land
has been held higher since the war than
before it, yet the average value of last
year was 81. 4s below that of 1861. WHAT'S
true of Davidson county is equally true of
q very large portion of the counties in
this State. In 1851 the average value of
land throughout the State was $500,
while in 1869 it was only $6.l4, accord
ing 10 the assessments returned TO the
Comptroller. These facts will, we judge,
convince the members of the Legislature
that very radical change is needed in the
manner of ascertaining the amount of
property subject 10 taxation, and assess
I.