davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-02-15
SUPREME GouRT-specAL TERM
The Seward Will Case.
Before JudIe Cardozo.

Wa,tdDs II. Se,1or1 ana george II. Gr1cr Eyecl.
tors or Samuel s. .Setrdrd, Deceased, u.s. Ed,p,n n.
Seloard ct Gi.-This suit In equity. On the 18th
Of April, lSs8, Samuel S. Seward made his Will and
died on the 24th OF August, 1S40 The will anu codcil
were proved before the Surrogate Of Orange county
In the following year, the plaintiff William II.
seward oeing subsequently appointed by Edwin r.
Seward and George w. Seward, two OF the infant
chiidren Of the estator, ~ guardian over the then
infant caidren, to whom lsgacies had been be-
queathed. The complaint sets forth tnat after tho
eppointmens i Of the plaintiffs as executors they
plaintiG Grier having tho management Of
the same. 1t further appears that st
the Tune OF the death q the testator
INDECENT circumstances. Demands for money were
made upon the executors by the legatees named In
the Will the custody OF the estate being then In the
hands OF George M. 0rlcr and VIM. ii. Seward, the
other executor being absent from Orange county,
where tile families OF the parues Interested resided.
In the early part Of the year 1868 portion Of the
children VI f.. r. Seward cited the plaintiffs 70 ap-
pear before the Surrogate OF Orange county 70
account as executors but proceedings were taken.
The plaintiffs aver tnat from time TO time they made
$1,000 over ana above their just distribution Mary
A. jayne and her husband, De Witt Jayne, by virtue
OF certain assignments from one or more OF the
aeiendan's o6jecsed 70 me accounting made Dy tne
their minority were not entitled 70 any iunds their
maintenance devOlvng ON their fathers, and any
moneys paid them ought not to be chargeable TO
the estate it appears that the testator divided
portion Of his estate into twenty equal parts,
nve Of them for the children Of e. r. Seward,
nve for the children OF George w. Seward and
nve to be divided among the children who MIGHT 10
born after the execution OF the Will. Both t. L.
Seward and g. w. Seward remarked and had chill
drell, ana question arose ~ " their claims. The
complaint further prayed that an action might be
taken In court OF equity ior general settlement
and that the defendants in the meantime be re-
strained Some time since Judge Cardozo restrained
The New York herald., 1870-02-15
SUPERIOR counI-spsclM 1,s,.
A Pelicosnan In Contempt Of an Order Of I'll.
Court-AnOthcr Attachment Casc.
Before Judge Spencer

A Pehccman In Contempt Of an Order Of tho
Coart-Anothcr Attachment Casc.
Before Judge Spencer.
John ". MOsvoto rs. James ". Wdlker.-The
plaintiff recovered Judgment against the defend
ant, policeman. IN 1867. After the recovery sup
Elemental proceedings 10 execution were taken out,
and on ine return day OF the order Walker was de-
tailed on duty and could not put IN an appearance
judge MoCunn, not deeming this good excuse. or
dered commitment for contempt 10 issue against
him. On the return day OF this second order Mr..
Ianan, counsel for Walker, appeared and stated to
the Cour! that The defendant was and unable to
attend. Judge McCunn again held that that was no
excuse and ordered testimony 10 be taken to deter
mno whether the man had been properly
served or not Finally the Court issued another
at achment against Walker Tor contempt, and
directing him 10 pay the judgment OF the plaintiff
and $3.50 costs. Subsequent 10 this the attachment
was Withdrawn and IRON 1867 TO the lIth OF January
OF the present year the matter been ned In abey-
ance. On lne l1Lh Of January the Judge issued an
attachment to the Sheriff directing blm TO lock
walker up and keep nlln In jail until he paid s7o0-
the amount OF the JudgmenL and costs. From that
order the defenaant appealed, and now the motion
comes up for stay OF proceedings until that appeal
snail have been argued
Judge Spencer SAID that unless there was some
Eood authority shown to the court to the contrary
he would grant the stay
The matter was accordingly adjourned TO give
counsel OIL opportunity to produce authorities.
The New York herald., 1870-02-15

avan. Finally they used violcncs ana burst ina
mg" They grouped about biinoly In search
oI tha victim They could nor ind him,
ma were about 70 give mp, Wn6n
oul 70 DE The form OF man prostratc1 by Starvation
anu n. snnering nt tne same time from pneumonia
iuefe was no furniture IN the r0on-no comforts no
necessaries OF existence: not even light was there
hardly me- Ont the clear shadows OF innuman death
lnc apartment was small AMI was worse than the
!ou'est sewer The ceiling was several feet below
llc never OF the sidewalk, AMI tine door was
covered oy stasnant water emitting foul yapors
in such place Us this the poor unfortunate man.
going on towards sixty years oi age had lived for
nve DAYS, slowly dying FOR want oi n0urishment-
re suDsisteu curing that time upon one pound Of
mtler cIachers ano was utterly unattended ana
uncared Tor. Inspectors Post and Ely secured his
removal 70 Bellevue Hospital anu the end was next
day death.
The New York herald., 1870-02-15

some Of the counsel said they had not seen the
epinions delivered by Judge woodrun In tho Circuit
Court OF the United States, It was proposed to ad
journ the nearing VI the motaons.
Mr., Compton sand that while he had no desire to
push the argument In the premises yet counsel were
now engaged. Notwithstanding Judge WOOdruns
dccision In making q new motion before the Bank
rupt Court TO have the Marshal lake possession OF
tue property OF Clark and Dlnlnger.
Judge McCunn interrupted counsel and said-'YOu
need not bc alarmed about the bankrupt courts get
ting possession Oi the OF this firm. This court
VIII return vt all hazards the properly now IN rs
control. Judge Woodruff has. as thus court under
stands. decided neary all the questions In favor OF
NIT most cheerfully to oil Judge Woodruff may Bug-
ges do yet wll take great care that no inter.
ference on tho paft OF the bankrupt It's mar
shal shall take pace. The Snerins oricers are now
IN 1ul possession and will remain until the ques-
Mons Of Jurisdiction are fully determinedn Tne
motions are postponed, accordingly, until week
trom to-day.
The New York herald., 1870-02-15
COURT Of GENERAL SESSIONS.
Before Recorder Hackett.

The frst prisoner disposed OF yesterday was
David Reed who pleaded guilty to ON attempt at
burglary In the third degree. On the night Of the
26th OF January the liquor store or Richard Ternan
90 Fulton street. burglariously entered some
cigars taken. lie was sent to the state Prison for
two years and six months.
FELoNIoUs ASSAULT BIZ cHINAMAN ON A LITTLE
EOY.
Antonio Corn. Chinaman, was convicted or an
assault with dangerous weapon and recommended
to mercy 1t appeared that tue prisoner kept cigar
stand III The street and the hoys were III the habit OF
stealing from hiin. On the 18th OF January three
boys sIo.e cigars from him. and In pursuing them he
drew small knife and stabbed o little boy named
James Moore, VINO was not engaged in the theft.
The Recorder sentenced Corn To the State Prison
for three years, observing that had the july not
recommended him 10 mercy he would have sent
him TO the State Prison for i've years, In order
weapons must be stopped.
ALLEGED ROBBERY.
James Russell was placed ON trial charged with
being implicated with two men in roDDang Paul
Trigol on the night OF the oath Of December, OF
the accused was young man OF excellent charac.
ter and tlat he was spending the evening with re-.
spectacle family at the time the robbery was
m,tted. The jury rendered verdict OF not guilty
without leaving their seats.
GRAND LARCENY.
Michael HcnneSsy was acquitted OF charge OF
grand larceny. Peter Van Buren, was In u drinking
saloon ON the 18TH Of January. and when Hennessy
asked him for the loan OF O dollar he handed MN
nifty dollar bill, which Hennessv rave to Peter Cam
70 90 and get changed Cain did not return; but az
there was no ielonious intent shown, and as Hen
messy proved an excellent character the jury rem.
dered verdict OF Dot guilty.
Peter Cain pleaded guilty to an attempt at grand
larceny. he having been Jointly indicted wtn Hen
messy. That being his first offence and other mltl-
eating circumstances having been shown the court,
the Recorder sent ham TO the Penitenllary for six
months.
Thomas Foley and Francis Blanto pleaded guilty
to pctty arc ceny they having been indicted for steal
ing quantity OF tobacco on the 18th OF January
from Joseph Baron. They were sent to the Peniten-
tiary for Six months.
herman Cordes, who was charged with burgla-
rIously entering the saoon OF LOUIS Smith, No. 44g
Sixth avenue, on the 21st Of January, and stealing
box OF billiard balls, was convicted OF grand larceny
and recommended to mercy. lie was sent to the
State Prison Tor one year.
The New York herald., 1870-02-15
COURT OF &ssoxi
Alleged Seduction.
Judge Troy and Justices VI

Alleged Seduction.
Before Judge Troy and Justices voorhees, ana
Johnson.
victor Vandervcer was placed on trial yesterday
afernoon, under an Indictment charging him with
seduction under promise Of marriage, tho complain
ing witness being Maria Kossleyn, handsome
young woman, apparently about twenty-three years
OF age. Tho testimony OF MISS Kossleyn showed that
IN the summer VI 1858 she was employed 40 house.
Keeper by the defendant at his residence IN Class1n
yielded TO his wishes and became the mother Of
twlns She claimed that she was OF previous chaste
chatacter. and produced several witnesses VINO
gwOro to this as fact a7lIE '@F
fne defence " that the young woman was NOT Of
chasle clarectcr previous TO the alleged seduction.
Inc Court adjourned before witnesses were examined
Tor the defendant
The New York herald., 1870-02-15
COURT CALENDARS-rHs DAY.

OYER AND TERMNER AND SUPREME CoURT-CrR.
cUT-Part Mos. 4S7, 1885, 1906. 1907, 2ll9 1881,
1877, 1897, 1857 1884, 1912 65o7. 4247 1884, 1907
1898, 169e, 1908, IA. 1883, 4ss 154s 81 $780, i194
2a4, l12o, 1860, oa2 90, 1890 4s4, 1902. Circuit
Nos. IS. 49, 2eO, 236, 6s, 1885, 1885, 1872 205 247 2s
2o4, 81, 81, 100. Is0, 172, ISL, 22l, 26S, 274.
SUPREME ECoURT--CHAMBERS.-NoS. $50, l7s, l80,
lSl, 1874, 227, 239, 255. Gail 301.
SUPERIOR COURT-TRIAL TERM-Part l.-Nos. 49,
1885, ISL sos I33, 49, 1871 llo5, 1919, 1929 1887
1885, 1341, 1343, 13f5. Part 2-NOs. 2056 1903 1853
llos 1902 lolo ls0e 2ols 208e 20sS 20SO 2o94 2Oo0
2098, 2l00.
COMMON PLEAs-TRIAL TERM-Part I.-Nos. ATT
3S3 7l4 &c., 340 ILL., 1701 746 TAT, 7ls 74o 1oO 75I
762 753. Part 2-Nos. 560 304 4Sl 754 766 757, 76S
$780, 761. 1852, 783 784, 1876, 7ed, 76s. :
MARINE JoURT-TRIAL TERM-Part mos. 1907,
2l6 lA68 4795 05 1876, 1914 179. 2, 253 267 345 1884,
357. Part 2Nos. llo, 24a, $780, s5 $50, l522 4100,
lo3 107, 221, 295. @
The New York herald., 1870-02-15
svpaeMs CousI-CIacWT-pAAT /
Action for Rent Of Ofnces.
Before Judge Ingraham.

Jacob Curpsnter vs. James J. A0rtson, t1splsaded
scnh George w. Mdrkham.-Ths was an action for
rent alleged 70 be due The plalntin and the code
fendant Markham, who was witness for the plain.
nu, swOre tnaT in December. 1860, the defendants
who we're then partners hired the ONCE No. Mas
from the LIST day OF January to the LIST OF
May, 1867, from the plalntl1. -
The defendant MORRISON admiked the partnership
win Markham, and also the fact that the cO-de-
fendants nired desk room, &C., In the plaintlfT's
ONCE, but denied any agreement To nay rent, and
c0ntcnded that by agreement with the plainhn the
delendants were only 10 pay the gas aud janit0r's
bls, which they say they paid. - III '.a.s. q
The case was given 10 the jury on the credibnity
Of the piAlntin Carpenter and his Witness the code
lendant Markham. The jury brought IN verdict
for the defendant MOrison.
The New York herald., 1870-02-15
SUPREME couaT--c AMHsSi
Decisions Rendered.
BY Judge Barnard,

By Judge Barnard.
Valentine Us. Standardization granted and refer
cnce ordered 10 hear and determine.
The People er vel. Fdr1un us Recommendation
granted.
Jardtne rs. The Mayor et aL-Motion granted to
hear and determine
Karst rs. Snatth-Motion granted and reference
ordered.
Ma'1e,e ct AL Us Grdce.-Motion granted ana re-
ference ordered.
Gilman cs SeCkendorL Motion granted.
In the Natter or Opening Avenue ST. Nicholas,
&C. The petitioners are not this petition entitled
TO any relief.
B,OUer Us. The Mayor et dl.--Moion granted.
ROtrdn Us. Sefcef b0rg.-Motion granted and refer
cnce ordered.
AcNaltOn rs Li;,der1ndn ct dL-Motion granted.
Rdyn0rcs. Randall ct dL-MotiOn denied.
Nary D. Lo0nlis u.s. Henri h. LOOnlis.-Report con-
nrmed and Judgment OF divorce granted.
Mdtoiley u al. Us. Observation-Disclosures ordered.
Corntsh ps. Jones ct dL-Motl0n granted and refer
ence ordered.
In the Matter OF John Foley rs. the board Of S,l-
perots0rs.-See memoranda, with K O. Beamlsh at
CHAMBERS.
BY Judge Cardoz0.
kdruta Us. Holman ct al.-See memoranda.
The New York herald., 1870-02-15
SUPERIOR covRT-1aAL TERM-pAn1 2.
Fraud In tho Issue OF Commercial Paper.
EefOre Judge Jones'

Before Judge Jones.
Pale Nauonat Bdnn or Ne,c Haren rs. j. A.
Wetsse- This action was brought by the plaintiff to
recover the amount Of note made by the defendant
for $4,000, ana which was passed to third party,
who repassed 1t to plainti. The defence interpOscd
the note for q consideration, and that the person
who passed 1t to him had obtained 1t from the
defendant BY fraud. During the progress Of the
trial the testimony Tor the defence developed the
fact that after the discovery or the fraud up
the answer he had voluntarily renewed tue nOte
upon which tho present suit was brought.
Judge Jones held that this act or the defendant
was waiver Of the original fraud, ana directed the
Jury to find for plaintiff, when tney did IN the
OF Sb.443 10.
The New York herald., 1870-02-15
NEW YORK HERALD TUESDAY FEBRUARY 5 87orRPLE SHEET

the Defendants from commencing any legal proceed
inRs and during the action by the plaintlns nov ~
issue Some OF the defendants claim thas tne WIN
living children, and others that their father was
responsible for Their maIntenance aud education,
ana that the executors were not Justined IN paying
out anv money belon,lny ~ the estate.
The bearinR OF tho case occupied the court the
entire OF yesterday and was not concluded.
The New York herald., 1870-02-15
BOARD or ASSISTANT ALDERMEN

The Board met yesterday afternoon. the president,
Mr.. Reilly presiding.
resolution was adopted directing the Street
Commissioner 10 report to the Board by what au.
thorify the KnickerbocKer Ice Company are widening
pier NO A. 1t the foot OF Leroy street, North RIVER.
The tax levy was received from the Comptroller,
nnd on motion II was referred 10 tnatI oicer, with
power to send II to tue Legislature.
TIC Board then adjourned tili Taurs1ay.
The New York herald., 1870-02-15
The HARLEM DEPOT TaActDy.
Tho Killing Of MIR. Peyser-Ccnsurs Of the
uaricm Railroad Company.

uariom Railroad Company.
Coroner keenan, yesterday concluded the inqui-
sition previously commenced In rae case OF Mr.. Nor
ris NJ. Peyser, the Boston merchant who was
crushed 10 death at the Harlem Railroad depot the
particulars OF which have heretofore been published
In tho HERALD. Two other witnesses 10 relation 70
the accident were examined; but their evidence re-
Beach, NJ. d., who made post-nlortem examination
on the body oil Mr. peyser deposed TO nnding the
rios on the lett slde crushed In and
badly fractured, In his opinion tae result Of some
Violence
Ihe case wss then submitted 70 the jury, wnoA
after prottacted deiioeralion, rendered uie ono"-
in1 verdict
"Irat tho deceased came TO bis death BY being
crushed between a car and ths gate ol the yard
attached to the Harlem Railroad depot on ths "a
day OF February 1879; and they censure the Harlem
Railroad Company Tor neRlectng 70 warn tbs
deceased OF danger waen said car Was driven Into
tIC sad depot.
The New York herald., 1870-02-15

DEATH AFTER SICKNESS OF TEls-Y YEAEs.-The
Eaatun MOL Gazette states tnaL Mrs. LoIsa Kelvin,
tine widow OF Captain Melvin, formerly Of the Uniicd
states Navy died at Royal OAK In that county, las
week Tbie lady had peen invalid lcr oyer Iairtv
yeas for TWENTY-FIVE OF waIcl, g. least, sne was
umulotey podrAdLen t#.
The New York herald., 1870-02-15
Thomas NIandyll.

This gentleman, prominsas merchant OF New
Bedford, Mass, died yesterday. agei seventy eight
years. He was prominently bsfore the paolio at ole
time - one OF the executors In the AoNlaad wil
which became famous IN the .Gw courts.
The New York herald., 1870-02-15

seps In The sum Of 5000 for the ALLEGED Illegal
seizure OF her store III Jersey CITY. Tho deIeDdant
DOWNING made The seizure under q bankruptcy
warrant AMI By order OF the Marshall The jury
tOdnd for OC.endauta
The New York herald., 1870-02-15
THE COURTS.
Proceedings I'm the Courts
Yesterday.

The Clark.Biningcr bankrupt Chsc-De'
ctsions- In tho United States Circuit
COurt-The Rulings In the Slate Court
Not to be Intcrfercd With-Frnud.
ulent Income Returns = The
Drawback Frauds-The Sew.
ard VIII Casc-A Dog Case.
The New York herald., 1870-02-15
.JncOl, TieI.

telegram from Philadelphia reports that Jacob
Tel, soldier Of the war OF 1872 aged seveaty seven
years. was found dead in his bcd In that city, yes
terday. lie participated In tho battle uf Biadens-
burg and was Witness Of tho burning Of WAsalnx
ton by the Britlsh.
The New York herald., 1870-02-15
RROOKLYN COURTS.
-~~>-~-~~~~~~s-~~
UNITED STATES COMMISSIONERS COURT.
Alleged Post Ofilco Frauds.
Before Commissioner Jones.

United States vs. george Judson-The hearing OF
this case in which the defendant Ii accused Of hav.
Ing robbed the government while cashier OF the
Post 0fIice, was 70 have been resumed yesterday,
The New York herald., 1870-02-15
SUPREME cuuaT-GtNsrNl TERM.

Before Judges Barnard, Gilbert. Tappen and Pratt
general term was opened yesterday and VIII
continue during the week. The non-enumerated
calendar contains twenty cases and the enumerated
liz motions. Decisions VIII prebably bs rendered
on Friday. E T
The New York herald., 1870-02-15
CITY COURT,

Actien Against United states Marshai DaIlon.
Before Judge Thompson.
Jdno Hedtherstons Us. Parick Do,cltng ana
Francis I. DaHon, United States Karshal.-The
plaintif IN this case, which mas already been re-
ported In the HERALD, brought suit To recover dam
The New York herald., 1870-02-15
SUPERIOR c6unT-cHaMeERs.
The Clarls-Biningcr Cuse AEnin-ssTho Court
Knows btScl,.O
Before Judge hicCunn.

Clark os. Bfalager.-Upon the pending motions
In this case, to punish for contempt, coming up yes
sHrHay. Ill tho parties appeared ~ court, and a.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-09-30

~ sARAa HztEN WsIrMAy.

Slowly Irai'ed tie pu-pl- 70 d. C rcsaling
That lac. msl.n-,i- a. Ii, mornings beam.
dhile slu nuef'n< memory hUir1 at - revealing,
Like 'icibnun wtEcHiuE i-u.L IS ularair Dream
Again s,w the hrow's Translucent pallor
TIE u1rk rafT q citing % il ike a D 'ufuc
The sweet, i19 % u mouth Nh.s- hau= sfy ss!or
Deied all poT-ents OF Impeding doom.
Eyes piaast calm, with something in their vision
That seemed rot of earth's mortal mixture born
Strange myth; faiths aud fantasies Elysian,
ana far, sweet dreams Of iairy lands forlorn y
Un1thomablo eyes, that held the row
Ofvanished ages in their seadoTy deeps,
Lit by that presence of heavenly morrow
Which in high hearts the immortal spirit keeps
of has that pale, poetic presence haunted
- Ny lonely musings at the twilight hour
Transforming the dull eartE-lfe it enchanted,
With marvel aad with mystery and With power
| OFT have heard the sullen sra-wini moa1inS
I n II dirse-iike requems en- the lonely shore
| VI Il'tened % tSe Autumn winds intoninS
ine WIG sweet legend Of the lost Lenore'
Soft in some ashel evening Of Octo5er
Have stood entrancsi beside Wondering toinor
l hsId by that visionary Lake Of Auber
] Where sleeps the shrouded form Uf UlalUme.
Oft in chill, star Int nights have heard the Ginning
o. iar-Oi. mellow bells on the keen air,
And lett their molten golden music timing,
10 the hearts pulses answering Unaware
Sweet moGrn!ul eyes long closed upon earths soTr5
Sleep restful, alter ife's ievered dream
| Steep Wty#aFd heart. till on some cool, bright
morrow,
The soul, refresaei, shall bathe ir morning
beam.
| ThouSh cloud and shadow rest upon thy story,
And rude hands lift the dr4pery Of thv pali
D Time as a hirthright shall restore thy giory.
I And Heaven rekin1le all the stars that fall.
on ant N0r. for JH'y.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-09-30

&" | can't say, marin, - | replied; " but q
/ preparation amt a bone till its done with.
At this moment / heard my master CONT
in, and | went TO report, regarding Mis-
/ Pink : assertion that | was - sancy imp
as too disgustingly personal to need reply
/ Nv master was sitting near the fireplace
/ l5oEing at the fire. lie took no notice o.
/ what said to him. His face was lust a.
/ handsome, Just as kind as in the morning
/ but no longer merry. The shadow Of it deep
ened as | watched him-deepened till it made
it very dark indeed-deepened till the passion
that caused 1t drew his smooth face int.
unseemly FUCKERS. 1t almost made ne cry
to see him, for | knew he was in Pain.
- Please, sir, | said touching him tim.
IDLY on the shoulder.
Al, William, he started as be ans.
|ered,-'' is that you? Have YOU got a
m0ther?''
Yes. sir"
Do You love her."
Don't love her, " be said. in a Voice not
like his other voice" never love or trust a
woman-neyer put faith in their promises
shun them as You would tie derives, ten
thousand dcyils-oh, what l0.l--.' lay
Ing bis head, all covered With glossy carls,
upon the table, my master weTt ike a child.
Could help crying, t9)2 Was not my
master already my iiol3 God forgive me II
ever forget his smi'e-his pleasant words
" Please. sir, don cry, % said, touching
him again.
lie made q faint attemr, 10 smile, called
me a good boy, and told NE to - into the