davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1871-01-05
ARREST or MEONiLD, THE NOTORIOUS
EMIGRsNT sWiNDLER.

Captain Thorne aud officer Freeman, Oh sne
precinct, brought before the Court OF
General Sessions, late yesterday afternoon. fatrioA
Mcdonald, who was convicted OF grand larceny III
defrauding an emigrant named Joseph Boutriek' Oh
the 2Sth Of March last, before Judge Bediord' anu
sentenced to the state Prison for hve years. NC
Donald at the time appealed his case TO the Supreme
Court, and was baed by one Of the Justices OF 'na'
court, and was granted new uiai py 'ne oene,a'
Trn D,strict Attorney Garvin took the case to the
Court of Appeals, who affirmed the Judgment OF the
sessions. Mcdonald then ned the city and his bail
was forfeited. ,,r ,..ra, n,s yrarront
and McDonald was yesterday arrested IN TON haa, u
dan,s den m Water street. and VIII DC conveyed 10
the state Prison TO out hts term OF five years
This was QUE OF the most important Cases tried py
Indre Bedford during last March term, aud the
JmI9e was deservedly commended Tor the prompt
ness with which ne sentenced Mcdonald. ~ was
feared that Mcdonald weuld never turn up;' ous
nv the vigilance OF the authorities he Is now 10 sunek
the penalty OF his crime. There were NUMBER OF
Complaints against him, made BY emigran.s vine
had been defrauded out Of ~ theT money
The New York herald., 1871-01-05
B2OOaLYN COURTS.
COUNTY COURT.
Interesting TO Mechanics.
uafara TuIra TROY

Before Judge Troy.
Patrick Conway, stonemason made verbal
agreement with Ralph Griffin on the 25tn Of last Sep
tember, Sunday, to build lor Griffin cellar wall
22x4O feet and nine feet high. Griffin agreeing to
furnish water for the OF the masons, which had
to be carried nearly block. The work was
to be done on q house In Grand avepre, near
Myrtle avenue. Conway, who is q poor man,
set to work to complete his contract, and when the
wai1 was nine feet high demanded balance of
seventy dollars due out OF the ninety doll ars whicn
he was to receive. Griffin refused to pay, saying
that the wall must be raised TO nlne inches above
the level oil the curbstone of the street. Conway
insisted that he had made no such agreement,
and sued for his money In u Justices court,
where he got judgment for the full
amount claimed. The defendant took the
case to the county court appeal and
upa counter claim for loss Of rent OF the build
ing in consequence OF Conway's alleged delay.
Counsellor Ready, who appeared for Conway, upset
this theory by showing that the defendant did not
furnish the water for the masons as lie agreed 10
do, and that this was the cause of the delay. The
jury were charged by Judge Troy on the law OF the
case and after TWO hours delDeraton brought In Il
verdict OF $50 for the paintl The Court refused
receive such verdict as being contrary TO the
evidence, and the jury increased 1t to SO without
leaving their seats. t..
The New York herald., 1871-01-05

stipulations In the sad agreement contained third,
that the salary 10 be paid 10 the painun by tne
United states currency the Tuesday OF eacn week
succeeding the week OF service performed IOr tie
sald season Of eight months; doarn, .aI sns ne
gagement on his part, entered the SAID company
and then sang and performed various rotes ana the
defendant III performance or the c0ntracs
part paid to the plaintiff salary at the rate
specified In the SAID contract and engagement up 10
the 2ith Gay OF December, 1870. And the plainun
AYERS that in performance OF the said contract and
agreement on his part he was at all times ready ana
willing sing and perform any role in any opera in
compliance with The terms and stipuatons IN the
said contract and agreement. But that the deiena-
ant broke and violated the said contract anu agree
ment, and the Gath day OF December 1870, AZ Bos-
ton In the state OF Massachusetts,, where the Grand
English Opera Combination were then playing ana
performing, without any legal excuse or Iustncii-
uon, then discharged the painuK from tho
said company or combination, and then refused 10
0 the said company, and then refused any longer 10
recognize the plaintlf as member OF the SAID COM
bnatlon and company and refused to pay the plain.
Till the salary then due To HIM. And the plalntn
AYERS that by reason OF the breaches OF the said con-
tract as above alleged the plaintiff has lost the
salary payable to him under the said contract during
The season contemplated by the said contract, ana
has been put to serious and heavy expenses IN per-
forming the SAID contract on his part, and has been
further in ured in his reputation singer by the
violation and breach or the said contract and has
sustained damages to the amount OF $4,000; where.
fore the plantin demands Judgment for the sum OF
$4,000, with the costs OF this suit
The case, under Mr.. James management, pro-
mlses To give fresh sensation to the theatrical
world.
Decisions.
Before Judge Sutherland.
Robert Jardm Us. Quaceenoush. Motion denied.
Mansea et a. Us. GroaSeu.-Motion granted; bail
$780,
VOn SclafcE cs. McCdhtu et dk-Motion granted.
Rose, ~. rs cBjdtn m, et dt.-Kcport OF re-
feree confirmed and order granted.
Dfahetspiet Us. r. G. De 4ejdda et aL-Motion
granted.
J. l.. Broacn rs The Mayor, DC, Ne,o york.
Extra allowance OF $500 granted to plaintiff.
The New York herald., 1871-01-05
COURT CALea0AsS-TRIs uAY. /,

SUPREME CoURT--GENRRAL TERM.-Held by
Judges Ingraham, Barnard and CardoZo.--Son-
enumerated motion and preferred causes
SUPREME CoURr--CIRCuiT-Part 1.-Before Judge
Brady Court opens at eleven A. M.-Nos. 2445,
275. 1897, 1895, 2799, H. 1875, 215 2 267 27 3Ol 81
8, I, 0, II, 10, 81, %. Part 2-Beiore Judge Van
Brunt.Nos 343s 500, 1874 $50. 2430 1884 1905. Il,
49, 1873, 162 1885, 1915, 2lo 24s 29s, 296, 26o 29i, 3O
SUPREME CoURT-CHAMBERS.- by Judge
Sutnerand.-Nos 49, o. SO, 100, 1O7, lss, l0e CAN
llO.
SUPERIOR CoURT-Part r-Adjourned until Mon
day. Part Mos. 462, 4s, 456, 57s 546, 454, AIS
$40, 442, las 476, 500 SO, 1874. 270 S42.
COMMON PLEAS-Part l.-Beore Judge Larre-
more.-Nos, 1897, 1885, 24o, 295, slo 22l 4O3 lo3 2ls
AZ, 601s 35, 46S. 469, All.
MARINE CoURr-Part l.--Before Judge Alker.-
Nos. 1902 1856, AIS, 4722 4724 4753 4S5 1854 AGO.
477, 4772 4773, 4774 47I5, 4776, 4777. Part Be
fore Judge Gross-Nos. Ais, 1885, 45T0, 1886, 4637
4727, 4746. Part 3.-Before Judge Joa himsen.--
Nos. 5222, 1921, 473l, 4756, 53l6 63ls 53l9 $500.
The New York herald., 1871-01-05

the lawful dnty OF such occupant on all proper ana
legitimate occasions 10 guard and protect nli mousse
ana household. IL ~ for you TO say whether tho
woman on trial, with the fact that on several occa-
sions crowd OF young men would come around
and annoy her and tire coal and stones INTO the
window, specimens of which you nave seen offered
In evidence by the District Attorney. dll right or
not In discnarging that gun. 1 think she did !
shall take tins occasion 10 say hat only wish every
law-abldmg citizen whose house Is attacked ny
oafcrs such as menaceu the accused, or leloniousy
entered by burglars would do likewise: il would be
the best and most bitter lesson professional burglar
could be taught TO be shot on the spot like dog
THIS would then save us all great deal OF time and
trouble aud the county great deal OF expense
IL Is hardly necessary TO state that the jury rem
dercd verdict OF not guilty without leaving their
seats Ferdinand Wegieman, VINO was Indicted
FOR the same offence was discharged, and the city
Judge intimated 60 him that he could identity the
boys who were annoying them, the Grand jury
woull find bills OF indictment against the rowdieS
LENIENTLY WITH FIRST OFFENDERS or Tue LAW
OF PREVIOUS GOOD CHARACTER.
tempt at grand larceny. The complainant had an
interview with his Honor In reference 10 the ac-
cused. Judge Bedford, in dsposing OF the case, sad
good, and this was the hrst charge ever pIfierlei
Judge. to mete out the full penalty OF the law on
every occasion to the professional ,fhief yet,
on the -<her hand, Will aways' postpone
judgment for the first offence perpetrated by
young man Of previously good character. Logan
was acco dinghy discharged.
The following Is the calendar for to-day:-The
People w. Charles wilkinson, grand larceny, and
Harrison Tucker, receiving stolen goods; same VI.
Nellie Crooker, grand larceny; Same VS.. Joseph /.
Page, grand larceny; Same vs. Thomas Freeman,
grand larceny; Same vs. Thomas Hobbs. grand ar
goods; Same VS.. Mary C)nville, granl larceny Same
W. Kate Foley, grand larceny; Same vs. James
grand larceny; Same VS.. Joan Clancey larceny from
the person; Same vs.. Mary Eagan, larceny from the
person; Same vs. John Hayes, larceny from the per-
James Tully, grand larceny.
The New York herald., 1871-01-05
BUFFALO BOARD or TRADE.
BUFFALO, Jan. 4, Is

BUFFALO, Jan. 4, 1871.
large meeting Of the Board OF Trade and citi-
zens was held on Change this morning, TO consider
the report currently believed that Auditor Bell In
tended to make an effort to have the bill OF the late
Legislature reducing tolls repealed Alter an AMI
mated denunciation OF Bells scheme the following
resolutions were adopted by acclamation:--
Resolved That the Board approve the low toll system on
Resolved That an advance canal tolls the rates
pressed the toll sheet Of lSu would be ruinous 70 me
Interest Of state. !. .n
Resolved That the Chair appoint committee OF nnsen:
vhose duty shall their beat enorts and
for the the toll sheet Of ls6 ana ake
action In the premises their Judgment may dictate.
A committee was appointed by the Chair .,,s coaa,
posed Of pr0wlpsnt S.xeps u every spade u pQsa
The New York herald., 1871-01-05
SUPERIOR COvNI-SpEClAL TERM.

Settlement of the Peck Divorce Case.
Before Judge Barbour.
Albert Peck us. Matilda s. Peck.-This suit for
divorce the ground OF alleged adultery settled
yesterday and an order entered discontinuing the
proceedings. The order provides that any adultery
previous 10 the settlement OF the order cannot be
taken into account in any future action for divorce
between the parties htigant.
Decisions.
Ada Mdce,ldn Us. Desire FuJOUe-Order granted
James G. Anderson Us. Thomas NJ west et al
Order granted.
Thomas cunningham, cs. Jacob Steylhei1aer.-M
tion denied, with ten dollars costs.
ROsdR1aa COyte ps. Peter C0yie.-Order granted.
The New York herald., 1871-01-05
COURT OF GENERAL SESSIONS.

J,Jue ReIford Recommends Inyv-Abiding
Citizens Ia Shoot Professional burglars on
the spot.
Before Cunning S. Bedford, City Judge.
The January term OF this court was opened yes
teray. Assistant District Attorney sullivan appear
ing fer the people. Alter the Grand Jury was en-
panelled the first case on the calendar was called
George Byrne, VINO was indicted upon charge OF
rape Failing to appear, his recognlzance was for
feited and q bench warrant issued for his arrest.
FEIoNIoUs ASSAULT.
The frat case tried by a jury was charge OF felo
NOUS assault preferred against Caroline Wegleman.
The evidence disclosed that on the night OF the sth
OF November election ni2hp crowd OF young
loafers who were in the naDit OF annoying the
nelgnborhood, was on the sidewalk opposite the
house OF the accused, No. 325 East Eighth
street, and fired coal and large stones into
tied TO the Court and jury, and that In
order to friRhten the rowdles away she opened the
nnsSw ass pea sen ehae
mitted that ne was arrested several ues i0r us
orderly conduct was standing ON tne sidewak 'an AIN
iur with a companion about target shooting, ana
was wounded IN the thigh by the shot. Anotner
witness for the peope-one OF the croWd Oh y poys
who congregate around the delendanrs house every
night-admitted tnar he saw pebbles thrown at MIS-
Wegleman,s window She however, when sworn
stated tnat on previous occasions crowd OF rougns
ANNOYED her by throwing pepper and nour in her
| face, and upon the night In question tney ,nIeW
coal and big stones into her WINDOW anu urInS e, s
| She held the gun out OF the window 10 irgnten
| them and did not know that it was loaded lady
who lived opposite testified that she saw the young
| men nring stones into Mrs. Weigleman's WINDOW.
| Counsel stated that they had number OF VIII
nesses TO show the peaceable character OF the &C.
| cused but the Assistant District Attorney ana the
Judge intimated that II was not necessary 70 eAAm
i inc them. 49,, $780,. :.
| Counsel submitted the case under the charge o.
| his Honor. In his charge Judge Bedford USED tni'
| si1nifcant runge:-.Genuemen Of the jury, Ilaj
| down another proposition or law, which ls, ina
every mans house Is regarded "a his castle ana IN
law not only permits every occupant Oh every umoi
ipg house TO guard and pg9tect It, pu1 1it makes
The New York herald., 1871-01-05
SUPREME couaI-spsClAL TERM.
The Fisk, Jr., md Albany aud susq. ehanna
Railway Suit and Where It Shall BE
Tried. sMsr

The Fisk, Jr., md Albany aud Susq- ehanna
Railway suit and Where IL Shall BE
Tried. sr
Before Judge Brady.
James FISK, Jr., vs. The Albany ana Susquehanno
Rafl,tay Company. following decision In this
case was rendered yesterday by the Jndge:-The ap-
pcation for stay this until the appeal from
an order entered by my direction changing tue place
OF trial herein can be proceeded with, having been
by the direction OF the General Term referred to me,
and the application having been made, and being
determined to grant order herein. deem IL pro-
per to state the reason why inc.smuch as IL might
seem otherwise to be in conflict with the order
recently made herein by Justice Learned. II Is
provided py section ten OF the act relating
to the Supreme Court &C, passed April
81 1870 (Laws 1870 vol l, p. 94l, that all appeals
and other matters proper to be brought before any
General Term shall be heard and determined In the
department In which the Judgment or order ap-
pealed from shall be entered. From this provision
1t seems clear to that If any appeal exists IN this
IL must be presented FOR consideration TO the
General Term OF this district or department. and not
TO any other, the order appealed from having been
entered here To this statute Justice Learned has
not referred in his opinion II may be that 1t was
overlooked. IL may be also that II the papers are
removed from this department this court can
not entertain the appeal ! express no opinion
Is entitled 10 IT, and the papers should be retained
therefore, until such disposition Of his appeal be
made as required by law. do not deem ~ my duty
whatever may be My opini6 on mat suDlect TO de
pare III character whether the order appealed SON
Is appeaable or not. II 1t be not 1t is ior the Gene
raj Term so to declare. The plantff may have not q
general stay but an order directing the county clerk
until the appeal herein before referred to Is heard
or disposed OF.
The New York herald., 1871-01-05
SUPREME CouRT-CHAMseas.
More Theatrical TribulatiOns-A Hub Slana
yer nnd md Obduraie baritone.

More Theatrical IrlOuAuuOu6-A Ahuu rhssh0-
yer and md Obdurafe Baritone.
The following complaint which gives an insight
into another .scene behind the scenes" was filed
Yesterday In the Supreme Court. 1t will be seen
that the prospect another theatrical sensation Is
not very remote:--
Alberto Ldcrence Platnt6; Us. C. d. Hess, DE.
6pnddnt-Ihe complaint OF the the above named
plaintlfr by Edwin James, his attorney, states:--
FIRST that the plaintln before and at the time OF
making the contract hereinafter mentioned anu
set forth was a lyric artist and singer,
and the defendant was the manager anu
proprietor OF a company then formed. called .'rhe
brand English Opera Combination," then about to
make tour for certain season in the United States
OF America and tue Canadas; second, that on the
10th day Of May, 1870, the defendant In the name
contracted and agreed with the plaintiff In the man
ner following, that Is to say:t1rst that the DEFEND
ant then engaged the plaintiff to sing and perform
| in the "Grand English Opera Combination 70 be
| managed by the defendant for q season OF eight
months, commencing on or about OCTOBER 2, lS'o
| AMI for tour Of the United States OF
| America and the Canadas during the said
| season.; second. that the plaintiff by sucn
| agreement contracted and agreed to sing ana per-
form ali roles sulIing his voice and position as q
.primo baritone ass0uto' for which he might De Sc
lecied by ue management sge,elt 70 Sesta4ea
The New York herald., 1871-01-05
A NEW YEARS CALL.
Fatal Termination of a Barroom Flight
Value Of Post-H1ortcm Examination.

Fatal Termination of a Barr0Om Ei9ht-
Value Of n Post-NIortcm Examination.
Among the thousands OF persons who celebrated
the advent of the New Year on Monday last was
Joseph Crawford, quiet and Industrious youth,
nineteen years cld ABOUT one O'CLOCK in the after
noon Joseph LETT his hoise, 169 West Fourth street,
and joining two three OF his companions started
on their errand OF camaking, which they kept
up till four O'Clock P. NJ. when it was proposed to
drop into Stenen's grocery ana liquor store, corner
Of Beecker and Cornelia streets. There young
Crawford and his friends encountered several half
Intoxicated young men, who seemed TO be wrang-
ling,
faE TROUBLE SOON ILLUMINATED
In quarrel during which one OF the boys struck
young Crawford on the head with glass bottle, as
he stood quietly by the stove, taking part what
ever in the disturbance. He was partially feled
to the floor by the force Of the blow, and, by
request. his friends took him home. On
entering the house Joseph complained to his sister,
Mrs. Cave, that he experienced great pain in his
head but before the cause OF the trouble could be
explained TO Mrs Cave he became unconscious, and
s bop pr e be- arrived s 1oung
known about deceased having been struck, and the
friends imagined he might have died from natural
causes. subsequently q juryman. who had been in
and told him that Crawford had been struck
ON TIE HEAD
by some one In the liquor store. This led to an in.
vestgatiOn, and IN the meantime Coroner Keenan,
was notified, as also was Captain MCDONNELL OF the
Twenty eighth precinct. The names OF several Of
the youths who engaged IN the quarrel have been
learned by Captain Mcdonnell and Mr.. Cave, and to
them 1t was intimated that lad named Barber
had inflicted the fatal violence. The captain sent
an offlcer to Barber's residence in loith street
for the purpose Of securing him TO await the result
Of an investigation. AS soon as the attendance OF
the necessary witnesses can be secured Coroner
keenan, Will make thorough investigation OF the
case
VALUE OF A PosTMoRTEM EXAMINATION.
DIR. Richardson, the physician, who arrived roo
late to render any aid In the case was unable TO de-
Jermne the cause Of death from the symptoms tndi-
Gated, and consequently could give no burial certl.
cate. Drs. Wooster Beach and Richardson made a
postmortem examination on the body and found a
fracture OF the skull, which fracture caused DEATH
The following persons are under arrest AZ the
Twenty-eighth precinct station house on suspicion
Of being concerned In the fatal assault on Craw.
ford:-BenJamn F. Barber, or 104th street; Richard
Dillon, Of 347 West Thirty street; John an 4
Edward Dyke OF ESQ waverley place. Garrett nd
OF No. Q C0rnelia street, and John Martin, az I2h
West Tenth street. These are all held to av6Ajs the
result Of the inquest.
The New York herald., 1871-01-05
UNITED STATES DISTRICT COURT.


Tho Case OF the Florida-The Cuban Quss-
tion--What il Neutrnlifys
Before Judge Blatchford.
The trial In the case OF the steamer Florida was
continued yesterday before Judge Blatcnford.
Francis Darr, the claimant OF the vessel was re.
called and deposed that he spoke TO Mr.. Comacho
on one occasion In reference TO Cuban matters;
asked his advice about purchasing the rigging for
the FOrtda he said 10 would be good thing to
have, as 1t would enable him to land the arms IN
Vera Cruz; told General Quesada that was about
to put arms on the Florida never saw the Genera!
on board the ship. The witness then enumerated
the articles on board the Florida, including
the ammunition rifles and guns.
Mr. Don0hue the counsel OF the claimant, then
offered In evidence the following
IMPORTANT LETTER FROM The SECRETARY OF THE
INTERIOR:
M DEPARTMENT OF THE INTEnrona
WASHINGTON. Oct. |, 1863. (
MY DEAR GENEnAL.Your despatch Of today came while
tbs President yonr letter. on same subject
full consultation with the Cabinet the President was
not pohsteS to eaer party the M cuban ban struggle SS The M
as the Ss o. 's
expedton warlike character the neutrality awa
e
S Ma sna the
simply take their own risk IN such cases
sells of '.ed and prepared and for naval
duty as nss.ras risnay Powe I Arises and even
had acknowledged the independence Of Cuba duty
rule could be nowise different until we had dis
tincty publicly espoused side Of the quarrel by
making upon the other.
You must remember that we constantly bought arms OF
Ensand during the and no one the
TbS blockade took their risk of capture hut
the Alabama lifted out to make upon a ship OF
Cuban republicans must learn draw this distinction
before complaining OF our conduct In this respect
said before the recognition Of their
would not alter the law. In haste very truly yours,
General F. DARN j. ID. cox
Mr.. Costello leading Cuban, was next called,
ana testified that he loaned Mr. Darr the claimant,
$25, ,000 but he knew nothing about the purchase Of
the Florida at the time. The case was then ad-
journed till this morning.
In Re the Boston and Hartford und Erie Rail-
road. a
petition was filed by counsel for James Alder
asking thar the Boston, Hartford ana Erie Railroad
might be adJudged In bankruptcy. An order to
show cause why the road should not be adjudged In
bankruptcy was issued by tho Court and 1t was
Of the stockholders oi the company. ..
The New York herald., 1871-01-05
>sJpREHE CuuaT-TRlAl TERM.
Svit Involving Nice Points Of Law.
Before Judge Freedman.

Before Judge FreeUman
AsteTJ J. Meyer us. L. r. HenneEe.-Thls Is a suit
growing ont OF q contract made regarding the sale
OF the lease of property in Bleecker street In con-
nection wiyn the transaction plaintiff gave the de-
fendant a promissory note for 81 600, payable one
year fro IN date, which the latter subsequently
altered 70 read .witn Interest," and, as ne alleges
by con- sent of the plaintiff, but which was denied
me p aintiff sued on the original agreement c,al
tlon, and could not be remitted to the agreement
Two questions were lnvolved-the comparative
fabiity OF the parties to the suit and whether
the note was yitiated through being altered. All
da was consumed III taking testimony. The Jury
b Esught In a scaled verdict.
The New York herald., 1871-01-05
BROOKLYN COURT CALENDAR.
COURT or ApiEALS CALENDAR.

SUPREME CouRT-CTRCUrT.-Nos 81, %, -, 90, 81,
SO, 81, %, 90, 81, 62, "a TO 81 Inclusive.
The New York herald., 1871-01-05

~Sf a,ss ALBANY, Jan. 4 1s7i.~
T..c following is the Court q Appsa.s day calen-
oar for January 5i-Aos D. o. To- l01a, ii, IL l3 II,
1S TO- 20, n, ~, Is, 4.
The New York herald., 1871-01-05
Buyins q Judsnilsent al q Dlsrount. u

The city Bank or Brooklyn rs. 7ssnLs Van B. LyA i
The plaintir recovered judgment Tor 81 6as 40 in
March, 1851. The defendant died In II a, and Ed
ward Schell was appointed special an,,r,strator
pending proceedings relating the ,rono,o !, M
WILL Mr. w. II. Flandrau purchase pivsn.n 49, y, , VA. -
great discount and thereupon IN .nS JuugnI a
under which the Sherin sue .saeo az eia "S phe
premises In question, giving sS, cors,ncate I ~ and
Judgment within i've year "a was Issued on tne ne
any time during u the fe Van Brunt The properly
sold 40 Tor sa.5 $50 lust Ibe worth $4,000, and was
the Judgment anr ~ nteess and s Sher.s fees
dac,arIno null a the decision OF the court below,
indgmnni -sl void all the proceedings On the
The New York herald., 1871-01-05
T He CO UR r S.

The Case OF the Florida-Fisk and the Albany end
Eusquehanna Road : theatrical Tribula-
tions at the Hub-The Boston and Erie
road-Points on q Piano
Business in thesCourt Of
General Sessions.