davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
SUPREME COuaT-cnAMDeas.
A HnbeRs Corpus Case.
Before Judge Brady.


kef0s ct al. ps. Rtchard W. AEf''.-The case Of
she defendant which has already become quite
notorious In the courts. up in new shape
yesterday, that is to say, upon writ Of habeas
corpus, to try and effect his release from Ludlow
Street Jail, where he has been for some time. It
will be remembered that in May, 1869, Akin, as IL
was charged, managed 70 run away with about
Sis, 000 the alleged proceeds OF fraudulent transac-
lions III Wall street. He fed to Canada, where he
was arrested and kept in jail for SIX months.
Last June he ventared back TO this city.
his victims and placed In Ludlow Street Jail, where
ne remained about three months. By some means
ne was liberated from durance vile, but only TO be
arrested again last month by another victim and
thrust Into Jail in Duchess county. A melton was
made ON his behalf before Judge J. f. Barnard in
Poughkeepsie to vacate the order Of arrest, which
which he was yesterday brought before this ceurL
was issued on the 18th instant, and directed to the
Sherin OF Dutchess county, rcturnabc yesterday.
The case was argued at length by opposing counsel
The Judge reserved his decision, the defendant
meanwhile being returned back to his old quarters
al Ludlow Street Jail.
Litigants in II Divorce Suit Contrasting the
Custody of Their Child.
In the Matter or the Care ana custody of Srnuel
D. Lane.-Upon application OF Evelinc NJ. Lane
wife OF John c. Lane, between whom suit is pend
ing for divorce their infant child Samuel d. Lane,
1--WE wears cid. and at present In custody OF the
iatDer was bronght before his Honor on a writ OF
uaoeas corpus. AS the father by order OF the COURT
pays her twenty dollars month she claims that be-
oiues Delpg the legal custodian OF The child she Is
aspn.ndanug able to take care of it. The argument
oA Inc case Was adjourned till Wednesday
Discnarge Through n Defective Commitment.
~ "e MdHerty The Application Jor The Release Of
def"V y. RaDinotm-On the 18th of this month
0cnt1 ? RAYMOND was committed 70 Harris Island
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
SUPREME COUaT-ssNEaAL TERM.

An Old Suit Against an Old Western Rail-
rond Company, Growing Out OF old stock
5peculnti0ns.
Vose Us. COUd,ey ct d,.-The firm OF vosc, Liv-
mgston b Co., In 1856, made contract with the La
Crosse and Milwaukee Railroad Company to sell
them 600 tons OF railroad iron, for which they
sook in payment bonds OF the road at eighty cents
on the dollar. The understanding was that the
company was not to Issue more than $500, 600 OF
bonds in 1857, and that IL they Issued any below
eighty cents the dollar that V0se Livingston Co.
should he entitled to any reduction or advantage, II
any, to the subscribers or purchasers OF such ISSUE
The company however, issued more than S2500,0J0
worth OF bonds, some OF them ut forty cents and
some aJ thirty cents on the dollar. The plaintiffs
J0ld these bonds below forty cents after which
the company became insolvent, and foreclosure OF
the mortgage securing the bonds was given. The
chief point in the action is that at the Tune OF the
issue or the bonds at forty cents the old company
was bound to issue vose, Livingston & Go. bonds at
forty thirty cents on the dollar, equal IN market
original value Of those bonds, and II not to that
specific relief at least that they had claim for dam
bonds issued to vose, Livingston & Co. were held 10
be lien at par while the other bonds issued at
thirty and forty cents were only allowed
the foreclosure some OF the creditors and
bondhOlIers OF the company formed an agreement,
the company, to purchase the property OF the COM
pany on the foreclosure and form new company
bn that basis and appoint trustees to make the pur-
chase. Mr.. VOse says that they were willing to put
In their claim low, in fact asserting creditors, but
that the new company declined to acknowledge this
claim, and therefore they: bring this suit. In tho
court below a Judgment was found for the defend
ants, and the plaintiffs appeal. There was lengthy
argument. Decision was reserved.
Interesting Decision Regarding Liabilities 70
Commissions.
James IT. Stephens rs. EdoaTd C'ark.-This was
an appeal from Judgment entered on report Of
referee finding Judgment In favor of plaintiff TO
the amount Of S61O, The action was to recover
commissions for introducing the defendant to GER
tain parties whereby the latter obtained orders for
patented article to the amount Of $4,000. The de-
lendant claims that If the plaintiff was entitled to
recover any commission it was simply i0r the 1rst
ORDER the one given after the Introduction, and not
on subsequent orders. The Court held that the
plaintiff was limited in his recovery to the amount
0f the first order, and granite new trial to the de
PENDANT unless plaintlH would stipulate to reduce
his recovery to $275.
Samuel II. Randall for appellant, and 8. B. Law
for RESPONDENT.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
CHARITY rMss-A sHepxEspEEs VIEW or Tie QUESTION.

To THE EDITOR or THE HERALD
Seeing your article In this mornings Issue on the
success OF the Two Great Fairs" let me call your
attention to the other side OF the question: by stat
ing the serious loss ana detrment to o deserving
class, who are almost and in many cases entirely,
ruined by these fairs allude to the up town store
Keepers, many of them widows struggling for
livelihood, who. In addition to their scanty stock,
make up little articles for sale, such as are always
found at faus-wberc in consequence OF having
been given, they can be sold at q merely nominal
pnce, and the storcFeepcr, who has to pay
rent and other expenses, finds his or her trade
cut OIL just ut season when they had expected
10 make up for the long, dreary duness OF
Of such goods i Out Of town. lam an importer Of
fancy goo Is adapted to the holiday season and sell
~ several OF the mp town stores, although that Is
very Limited portion OF my business, and one OF my
customers, whose daily expenses are thirty dollars,
and who ordinarily takes In from 800 to $3.50 daily
during November, has not sOld an average OF twenty
i've dollars worth per diem during this month,
owing, without doubt, TO the fairs as his stock Is
fuller and richer than usual.
ton can easily see how soon this m an and hun
dfs,ls Of others must take advantage OK The Bank
rupt Act a. ths rate, and, while commenting on the
wonderful success OF the fairs, bear in mind they
arc the ruin OF hundreds OF others, who by reason
81 them cannot pay Their rent, and after expanding
Their little capital In lifting up little store and lay
nag IN hlte stock, partly OH credit Sc their honest
efforts completely ihwaited by the success Of the
iairsn Keeping the kind Of stock do, can within
uoNu' s'ise that uurtiB tue past TWO lontiS nave
Lal at least nifty applications for donations to the
Noun, SINAI, Founding Hospital, German, French,
DESTITUTE Band and church fairs without number,
TO May VI which have donated literally, rartlcu-
larry the French faIf now being held; but were to
respond - AL tlc calls, o. the ialr applicants insist
upnu y that must could easily give away large
portion 81 my goods, which Is my capital without
any equivalent.
Nigh. also comment upon the rambling propen.
stiles nsililed into the minds OF the young by tho
'chancesN onercd az almost every lair hnt ms part
81 TIE subject VIII leave To the morast, content
ing myset with view or the case that perhaps you
have not Thought OF. IMPORTER.
NEa YORK. November 2s 1870.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
THE MURDER MEAN POTOSl, mo.
The Two Nliners tkurgcd with the Crime
Observation-Disclosures in the Locality.


Arrested Excitement in the Locality.
From the ST. Louis Republican, Nov. 26.1
The murder OF the Lapne family near Potosi, ap-
pears to have created profound excitement III the
locality, which Is not surprising. for a more utterly
horrible crime has seldom startled community.
people, however seem 10 have wisely developed
their indignation at the bloody deed ny determined
Efforts to capture the perpetrators. Bands OF
mounted men started In pursuit ami, we are happy
to say. with successful result. on Thanksgiving
Day the two miners charged with the crime
were captured near Rushiower, in Jefferson
county. Their names are Charles Jolly and John
Armstrong. They were captured while they were
resting and Gazing. The pursuers surrounded them
completely ana they surrendered without opposi;;
ton. They were promptly bound with ropes ana
conveyed to P0.osi, no Efforts 10 lynch them beg
made, which, in the excitement prevailing, SPEAKS
to the credit Of the Citizens Jolly II nearly lhl-
blooded Indian, and both are reckless anu daring
characters. PENDING judicial examination u 10 dli-
ncult to understand what motive could have IN
spired the dreadful deed, the murder OF husband
and WIFE, their two children and another woman,
Mary Christopher, sister OF Mrs. Lap!ne The nends
appear to have acted too deliberately TO 6snpposc
them TO have been crazed by drink. The killing Of
the two children and the burning OF the house lndi-
cate cool feroclty and an intention TO destroy The
witnesses ana evidences OF Their crime when pre-
the presumption OF their being insane r0m the
effects OF drink.
Further developments In the tragedy VIII be
looked Tor with much interest
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
The POLICE CeMMissIOAEasHIP.

Appointments 0f MIR. Thomas j. Barr to tho
Vacant Chnir--IntercstinH Letter from
. Mayor Hall.
The long agony In relation 70 the appointment OF
Police commissioner 10 succeed Mr.. M. T. Brennan
Sheriff elect is finally at end The official decara-
ton has been made, and Air. Thomas j. Barr proves
to be the fortunate individual.
Accompanying the notice or the appointment
Mayor Hall transmitted to MIR. Barr the following
communication
urw vo,x M NAY rs, OFFICE;
we're m Aesm OF he SIKH ana yon
cate Justice Of the two Courts of Sessions and Of Oyer
tween which am pleased to remember has continued
our mutual friends Benal Downing had nanS YIN
in police affairs that seemed imminent from certain irregu
ass Of police s, captain, A. ss time had
Assistant and Alderman of the Sixth ward and OF
too tie Asrmen selected as wen a. saoervisaI the pos:
snpseq%ently You became State Senator, Member Of
RS na Ss s wr IN ess S
~ METROPOLITAN matters You we're also born and bred
S o IL. % pe a1 t. ,ss
nen the and 1seHarss he sn s
then seemed possible declined
years participation in political details places YOU
In impartial attitude with reference the delicate
duties of the Office. confess have been by
the applications and pressure made in behalf Of active
have sraiiasd naied except that fell con.
toed by my se led impressions OF your fitness posi-
TO the due administration Of criminal justice, remove him
from the court in which he seems to be necessity.
@ @ in other
tho gentlemen who have competed for the appointment
the wisdom OF the selection and that In the
you viii never represent partial special Interests and
that this nomination herewith rendered VIII evidence
Teal duties you long acquired valuable knowledge
Very sincerely, your friend, A. OAhEY HALL.
Mr.. Barr, accompanied by Mr. Brennan, appeared
yesterday at the Mayors ollce and took the neccs-
sary OATH He VIII enter on the discharge Of his
duties on Thursday next, LIST prOXlmO.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
UNITED STATES COMMISSIONERS cuulr.

Charge Of Passing Counterfeit Money.
Before Commissioner Davenport.
1ne United STATES cs Thomas Fdy.-The defendant
was charged with passing twenty dollar counter.
'eit note upon one Roger 0nbudc, a grocer. OF
Water street. Il was shown that the defendant had
received tile note from his boss and that botn were
ignorant OF Its character
Emil Louis was held to answer on q charge OF
attempting to pass twenty dollar counterfeit note
anon Christian Stegner, lager beer saloon Keeper
y NO. 100 Hester street, In payment for drinks.
Before Commissioner Shields.
The United States rs. Louis Meper.-Thc defendant
Was charged with attempting to pass . twenty Dol.
ar counterfeit note upon Amelia Maiafau, keeper OF
ladies' boarding house at No. 16 Delaney street,
u was not shown that he attempted to pass the bil
% question, but being unable to satisfactorily
account for another counterfeit twenty dollar note
found in his possession he was held for further
examination.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
that II was pretty serions anair to stab man
seven times, and thus run the risk OF taxing MS

that II was pretty serions affair to stab man
seven times, and thus run the risk OF taxing MS
ALLEGED LARCENY By AN ExPREssMAN-ACQuITrAL
OF THE ACCUSED.
Henry Hall, a city exprcssman, was tried upon
charge OF grand larceny. Tie testimony was tnat
on Oh, the ioth or June spinghanl Co.. NO: burning
slip, lost bale OF tobacco, valued ut $780, WIZ,
gave straightforward account OF his connection
Win the aifalr, stating that he was empi0yea 70
to him. He accompanied MIR. spingham to the ferry
anu showed him where he was told to deposit u.
Having proved an excellent character for honesty
,ne Jury rendered ayerdict Of not gully, without
leaving their seats.
LovENs QUARREL ABOUT GOLD RING AND
Daniel Charter tcoorec) was charged with stealing
gola watch ana Two gold rings, valued at eighty
s %o aS n on the Isl o. JaIe Mary y ias s
requested permission OF his Honor to withdraw the
charae, not wishing 10 prosecute the matter further
letters" written by Miss Patterson to Mr. Charter,
aad eesa an s extract from one Of them wnl,n MISS
Judge Bedford dismissed the case.
:, - JUDGMENT SUSPENDED.
=. onares warner pleaded guilty 70 stealing coat
valued at twenty-five dollars The loser OF The coat
Interested Ia behalf OF Warner and when Judge
heretofore been honest and that no took the coat
when under the influence Of liquor. nc suspended
LARCENY OF A VALUABLE DIAMOND BROOCH
1885, SENTENCE.
Willlam II Bullck, who was charged with stealing,
on the l!th or October, u diamond brooch and ear
rings valued at ST. 000 the property OF Thomas Kirk
patrick, pleaded guilty last week and was paced ut
INC bar ior sentence, The properly was recovered.
~ seems mat u was supposed that Bullick was IN
sane and ut the request Of his Hsnor the physician
OF the Tombs examined tho prisoner. 1t was DR..
Means opinion That Bullock had been drinking very
freely, but that he fully responsible for his acts.
Inc defendant admitted TO nave taken the properly,
and gave as an explanation the statement THAT he
was then laborng under an attack Of dellrum
tremcns HIS phyislcal appearance showed that nc
must nave been III excessive drinker. lie was
sentenced 10 the State Prison for one year.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
The Burten Estate.

The Burten Estate.
Before Judges Robinson, Larrcmore and Joseph y.
DAILY.
Phoebe s. Rynders ~. John j. Crane nad Ceceifa
B,rfoa.This was an action In relation 10 for
$4,000 made by Mr.. Burton In his lifetime plaintiff,
who IL the wife OF Capt, Rynders. defence, among
others. was that the notes were given for Captain
hnders influence IN getting the government TO
TIL IT was claimed that the notes were given 10 pay
borrowed money amounting To nearly $4,000. with
interest, which claim was established by the tesil.
mcny OF Deputy United States Marshal Thompson.
The appeal was taken on tins ground as well az
the gi0und or lcgal transfer 10 has wife, Court
reserved itE decision
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

The objects or the working women's Protective
Union are 10 protect female labor hon the rapacty
aud ncuriiess injustice 81 thu haTplcs WHO
seek 10 dsfraui them ~ the scantg and hard
earned nuts q their labor; and a. the
afne time 10 serve, ~ sort ~ Efatntvds
employment agency. 80 worthF On ih-ltuti N
should prosper: 10 does great deal 81 good anu Is
descrycIy successful.
The eighth annual GacatlGg of the Union was held
yesterday afternoon 40 The rooms. No. 3, blecfker
street. nc which large amosnt 81 busincls, ch!eiJ
routine was transacted. Ihc receipts VI the Ubl0i
tor Inc past year were stated 10 have been 40
a1aiIlsi IN expenditure VI s.ye-A
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
BROWNS BOYS IN WILLIAMSBURG.

The parade OF the William A. Brown Battalion
yesterday, through the principal streets Of the
Eastern District, one OF the most imposing dis
plays Of irregular military seen In that section.
During the afternoon the battalion INDUCED IN tar
get practice az Myrtle Avenue Park, where they
also parIoOk OF q substantial dinner In the even
Ing they were escorted TO their rendezvous at The
Odeon by the Junior Washington Volunteers all
carrying torches. large number CT conspicuous
Brooklyn ana New York politicians were invited
guests OF the battalion. lie prizes will be dis
tributcl at the Odeon TOMORROW evening.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
COMMON plrss-speclsl TEEN.

The following decisions were rendered yestcr-
days
by Judge Locw
Vel Us. Hen.--Order OF reference granted.
by Judge Larremofc.
TOtrle rs. TdphOtASe.-MUtIon to dismiss action
granted
BY Judge Joseph F. DAILY.
Scnerfnerh0iTt rs. Hdsheu.-Motlon denied.
Dude u.s. 7routteL The Marshal having denied the
allegations in the morning papers, he must be dcnti
fed as the person who cXtortcd the money. For
that purpose he must attend ut Special Term on
two days notice by the moving party.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

Before Judge Wosafun
Al the opening q the court yesterday ths csiea-
Oar called over ana tne foli0w mr nsmed parties
were arraigncd ana ther eases set Gown fus srtals
The uniee states Va. wihism clteTa nxekrr.
charged with hayif m MS po@asaaom si,srea ana
counterfeit bonas Mlrh inffni 70 newsAAte ne s4m~
william turner, IA GA enenaer. rsssssa nsa
Ioser * ~ n,.s" james wsnss sna snsr shs nrcaa
way advertising sawaast aoansNrlnat@FN ~cf~ a.
6nss,es ~ rsraos Saar,cs MsFs saue Dussan
and FrederlcS Alien were arsssa,s =. az .aea =,
sestins nrc 20 Tho steamship 0aa Donsaaoa.
Fhe Trial of Giibrvt fec u~ssas sher~a
Beads sn uls Passes1sen w.sh tmsems 90
Negotiate the SAME.
wllnsm Gilbert was nut upon his trial foF nsvtng
nsd In his possession with intent % same.
two $4,000 and two 500 bonds " the Cnlted states.
Assistant Dis,rio. Attorney Davis maae Q state
nent TO the eject that the honds orss saiy
he'd been genuine but had eeea Altered "a
70 the dates aud numbers. Tao aefend~ns
was arrested at the terry with the beads
IN his possession and according 10 the evidence o.
she detective offered thai officer SS@ 10 settle the
matter lie IVES taken before coionei hlties Chef
that he had pure hascd lho bonds from q tread for
$1,000. lawyer, named Charles 4. francsss resia.
inQ IN Williamsburg dcposed that az tne request OF
the dependant, ON Two OCCASIONS ~ september asst
he filled In names and dntes IA the bonds. TIC do-
them AZ guarantees ia insurance offices. iincss
te0k the advice OF Judge DAVIS IN the matter.
The witness was Cross examined SHARPLY by Judge
Stuart on the part oil The defendant. IA answer 10
question whether be ever nad had those bond. Ia
his possession, and had altered them ~ chemical
process and then induced the defendant 20 pas
them on the market, the witness replied ne had not
and TO further question he sad he was satisfied
with the answer he had just gifcn. witness vas
nald for pis trouble got y retaining fee OF fifteen
d0Iiarx = -~s-'r ~ a
BY Mr.. Davies--what induced zen 70 alter those
1rst bonds brought To you by Mr. Clbeuf
Witness-I thought IL tho duty Of q citizen 70 stop
fraudulent bonds and then visited Judge Davis the
District Attorney. and informed him Of the fact.
The jury rendered a verdict oil guilty. aud the
prisoner was remanced for sentence
The Civil Calendar.
The civil calendar Will be called on Monday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

The following record WIN show the changes in the
temperature for the past twentyfour hours in CON-
parlson with the corresponding day OF last year, as
Indicated by the thermometer ut Hudnut's Pnar-
macy, HERALD Building, corner or Ann street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
ASMy INTELLIGENCE.

Colonel T. w. Sherman Of the Third artillery, has
been ordered to report to General Mcdowell Prosi.
dent Of the Retiring Board, at New York.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

The Rev. j. r. Goodman enlightened the attend
ants at the rooms OF the Eastern Branch Of the
Young Mems Christian Association In regard To
The Influence oil Art on Our Institutlons.n
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
COURT or APPEALS CALENDAR.

Albany, Nov. 2S, 1870
The following Is the Court OF Appeals day calendar
for November 2J:Aos. 494, 4s, 491a 81. 56s, 01 ],
"a II.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

The pupils OF old Grammar Scoool No. 20 who
studied under Mr.. Thomas Fouike viii meet to.
morrow In the school house. Nos. 81 and 90 Green
wen street. Tor The purpose OF forming an associa
tnn
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
Naval Personals.

Commander p. +. Harrington has been ordered 10
the California, and Passed Assistant Paymastcr
j. Q. Barton to the Npsic. Commander Earl
English is detached from the command OF the
Delaware and waits orders.
Lieutenant Commanders Fran Tia Morris, Henry b.
Robeson G. NJ. Schoonmaker, y. A. Batcheller:
Lieutenant Royal y. Bradford, Surgeon r. T.
Maccoun, Passed Assistant Surgeon Henry s.
Ptkn, Assistant Surgeon Wm Frau, Chaplain
f. c. Bttinger Chief Engineer stephen G. Hilbert.
FIRST Assistant Engineer II. II. Gunncli, Second
Assistants J. r. Bingham and w. IL. Harris are
detached from the Delaware and wait orders. Pay
master A. II Gilman has been detached and ordered
TO settle accounts. The warrant oilccrs and
attaches OF that vessel are also detached and placed
on waiting orders.
Commander Francis A. Zoe has been detached
from duty as CHIEF OF STAFF or the Asiatic feet and
awaits orders. Passed Assistant Pay master j. Por-
ter LOOMS has been detached from the Nipsic and
ordered TO settle accounts; Captain John NJ B.
Clitz from the New York Navy Yard, and ordered 10
the command OF tho California; Lieutenant Com
snder John McPhale from the receiving ship Po-
tomac, and ordered to the California;; Lieutenant
Commander Il. M. shepard from tho Michigan
and ordered to tile California; Lieutenant K. r.
Peck from duty at Jefferson Barracks, NO., and or
dered to the California; Surgeon Joha $. Kitchen
from the Board OF Examiners, and ordered to the
California.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
BROOKLYN C0uaT CALENDAR.

SUPREME COuRr--CIRCuIT-Nos 10, a., SO, GO, 62,
~ o. go 40 49, I4G, t47 las, 140 $780, 49, 1913 to luz
Inclusive; 1915 10 I7o Inc uslve; IT'S. l79. 1871.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29

Charles Sumner viii deliver his celebrated lecture
on "rhe Duel between France ana Germany, with
itslessons toCivzatlonn on Thursday evening next
ueore INC Mercantile Library Association NJ Stein
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-29
HE UR rs.

Oysn&,s n the Criminal cA'sns~ IN shs DATED
stsass Circuit Court youae osl;y n Aissrins
United States Bonds cAarrsr Of ccun or.
Aiting-An Old Suit AL Arems--
Liabilities fer comirsons~ri-
vorcs suiE- rslonieas A..
sault-y uHiasm 10 the Court
cs General ecsssonR