davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1871-03-08

about from court to court for the past nine ycarsa
regular game OF legal battledoor and shuttlecock.
The facts are simpe:-0n August IL, 1862. Moses w.
Jackson, son OF the plaintiff died In this CITY, leav-
ing to Anna Maria JACKSON claiming 10 be his widow,
all his property, real and personal, amounting 10
about $780, o0o except $500 left TO his son and only
helr the plaintiff. The deceased had been divorced
from MS wlfe and had been living for several years
win me woman now claiming TO be his vile. Ga the
uay OF MS death he sent Tor David 5. Jackson his
brother but before the latter arrived II claimed
that he was married To tho woman in question and
made his WILL the provisions OF which are as above
stated Though able 10 write. his name was signed
Dy cross, the pen being held BY one OF the wit
nesses and the Will being drawn by Mr.. Miller,
OF the defendants. The will was admitted To pro-
bate soon after the decaseds DEATH without any IN
timaton OF the fact being given 10 young jackson.
He moved TO set II aside, ana IL was set aside. The
contestants claiming the win proved tnat the court
did not go into testimony rs TO undue influence or
want OF tesianentafy capacity. The Surrogate
again admitted the VIII to probate. An appeal was
on the ground OF undue influence. Three years
later an application was made Tor probats again.
The examination or witnesses lasted through thir-
teen days, forming voumlnous book Of printed
evidence. The Surrogate again admitted the wlll 10
probate, and then an appeal was made To the Gene
raj Term OF the supreme Court The General Term
set tho will aside and ordered trial by jury to
the validity OF the execution and as to mental capa-
yesterday morning, Mr.. Samuel +. Cowdery ap-
pearng for the defendants and proponents and
Mr.. William II. TaQgard for the plaintiff ana con-
testant, Moses w. jackson. The will Is contested
on the ground that it was not executed in the
presence OF two Witnesses as required by the
statute and that the deceased at the time OF making
1t was in artcul0 n0yts and did not recognize any,
body or know what he,was about Several witnesses
were examined. going over the ground at the
previous trials and developing new facts. II
promises to continue through several days.
The New York herald., 1871-03-08
HOUSE OF RFPRE. ENTarIyEs
wAsriSGTov. March T. 1871

NAoEINGION, March Z, ISL
7rE connITTrE TO WAIT UPON The PRESIDENT.
Mr. Ho,PEE, trep.) OF Aass, from the committee ap-
pontN he House to join IKE on the part OF
TIE walt the President inform him tina,
Congress IN sessin and ready any
cation be r-h; make, reported that had dis.
CHARGED that GUY that he President he ha no com.
munIcaoa TO mako II present. but that he might
communicated 70 maze Ia course Of week, anc expressed
the desire that during the day shoQd be
txed for shr ma adjournment q inc Two houses.
JHE ANLANEAs CoNTEETED
Mr. BunDLTT, rgtl Of Mo- presented Tie claim Of Mr.:
Art ansas instead oi Mr. Edwards aud moved that the
referred 10 the Committee Elections. Adopted
oRsANIZATtoN or COMMITTEES.
Mr.. NTrLAcK (der) OF Ind, a question Of privilege
oacc 10 the appointment OF the conittos OF the House
Nj. POLAND, trep.l OF VI, subrtted that II not a
The sP1asEn dcoided that not that he was
very glad IL offered ana thai he woulI entertain
Mr. remarked that he not In favor u Con.
The earle. "a he believed
any public reason making proper for Congress to meet on
pp led well the organization Of the
colaln tees ol 49, Houses he submitted THAT there
pTorTiety ia Congress meeting on t.e an 81 March
al ereai cnse FOR mileage, the House was mercy 70
Speaker other members and hen adjourn The
House the position O hai-orgalxed army
having chief but subordinate officers and
noody take u into action There were number .i eec
ton cases Which should 6e decidea at an cary period OF we
Congress being left was generally the Case 70
the close of Congress addng greatly 70 ths eApsnse he
considered mpotaut also that naebers Should know Al
carry day what Committees they were assigned so thai
might make themselves familiar With the general bnsi-
The srEAREI stated his views on the subject lie SAID
gan saiion OF the House ha he wa able 70 anouhoe e
standing committees he persuaded That even the
adj speeipsai YVES Y many re.pces ne W Wo6 na
coming better acQraiu ed ia the srteceeen poson CHAR
htn, be uo1ghi 70 ayoia some Inlstakos which Ioss
tN occnTred The present House consisted lnuch
new members '0s ana had not Hsssess eess a5e 20
Aosaanl himse Win hs psrsona characteristics Of The
The New York herald., 1871-03-08
SUPREME COyRT-SpsClaL TERN.
The Opening Of Lexington Avenue and Li,i.
Gaticn About the Assessments.
RelOre Judge Rradv


Before Judge Brady.
Ddrfd Brennan ct al. rs. The Mayor, Aldermen.
de-, orthe Ctig Of Neto TorI.-Thls is an action to
stay the collection OF assessment on three lots
owned by the plaintiff on the recently opened
extension OF Lexington avenue. In the Old plan of
1907 for the opening OF this avenue, this portion Of
the avenue was not included. and IN 1866 special
act was passed by the Legislature allow
Ing the further opening, which act also
embraced the closing OF Hamilton Park.
BY this act the Corporation Counsel directed to
make application 10 the Supreme Court for the ap-
polntnent of commissioners OF estimate and assess
ment Tor the further opening Of the avenue, but
makes no reference 10 any previous acts or The Leg
islature, and in terms fails give any powers TO the
commissioners. The Corporation Counsel, however,
under the act made the required application TO the
Supreme Court, upon which commissioners were
the CONTAMINATION OF the same proceeded 70 collect the
assessments Upon the bringing OF this suit the de-
PENDANTS demurred and ne case came up yesterday
on this demurrer. One ground OF the demurrer was
maintained by the p!aintiffs, who could not bring
suit till sustaining damage. Another ground was
that the act was valid, and, therefore, that no
action could be sustained. on the otner
Is unconstitutional, that it does not
give any power % the commissioners 10 levy assess
ments, that the act OF 1918, applying only 10 tne
streets on the Old plan OF the city, cannot be INVOKED
TO supplement the defect, and that only an equity
action is proper, TO avoid multiplicity or suits ana
clear up the subject or titles On the part OF the cor
poration II argued that In using the TUE coinns-
sioncr OF estimate and extension tnere was neces-
sary Implication OF the proper powers 10 THESE COM
missloners, and that the act, Though apparently
double tltle was single subject In It's reference
TO altering the act OF the city, Tnere was engshy
argument on both sides. Decision was reserved.
The New York herald., 1871-03-08
UNITED STATES ccmMlssloSsss' covsT.

The Case OF the ship Ncptunc-Disclarge
of Captain Peabody and the Mates, Mayo
nn6 Saiclds.
Yesterday Commissioner Jonn A. Shields rendered
his decision IN the case OF the United States vs.
Captain Peabody, OF the ship Neptune and the first
ana second mates OF that vessel, Mayo and Shields,
who had been charged with cruel and unusual
punishment TO the eolored members of the crew
during the las. voyage from Liverpool to New York.
COMMISSIONERS DEoISIoN.
''The evidence says the Commissioner. ''shows
that the vessel left Liverpool the 2sth OF Decem-
Der last; that the weather was very good; that
nothing then happened, and there appears to be no
charge OF ill-treatmenJ until the vessel got to the
Banks or Newfoundland, where cold weather was
experienced, the rigging and decks being covered
with ice and snow. ALI hands got TO work to shovel
snow and clear the decks OF the ice and 1t was at
frozen. The evidence on the part OF the govern
ment shows that the Captain dressed their hands
and did what he could Tor the frozen
sailors with the means at his command. The cruel
and unusual punishment complained OF Is that.
after the mems hands were frozen they were made
to pull and haul ropes, 60 aloft and do duty when
they were unable 20 40 so. The weather at thus
the pumps for three days to keep the vessel from
sinking. The white portion OF the crew got worn
out and the captain was compelled to call upon the
ON lookout. They did so. and did what they
could. When the colored crew came aboard
at Liverpool the majority OF them had no extra
clothing. All the clothes they had was what they
had on; and they themselves testify that when the
weather got cold the captain gave them clothes
shirts, stockings drawers and shoe:-and did what
he could TO make them comfortable. The weather,
after the ship left the Banks ana until her arrival In
New YORK, was very severe, and required all the
ability OF the officers to save The vessel, passengers
and cargo"
The Commissioner Is satisfied, after long and
caielni examination and from all the evidence be-
fore him, that the government have failed TO make
out case against the defendants, and they must
therefore be honorablY discharged.
Passing Countcrfeit Money.
Before Commissioner Osborn.
7ne United States us. Margaret McDonneu.--De
fendant was charged with attempting to pass
counterfeit ten dollar bill. The womans story wai
that she got 1t from q party whose acquaintance
she made in the street, and did not know whether
the bill was good pad. The Commissioner dis
charged her with q caution.
The New York herald., 1871-03-08
COURT OF GEaEaAL SEss!1as.

Before Cunning $. Bedford, City Judge.
LARCENY FROM THE HUDSON RIVER RAILRoA1
DEPOT.
Yesterdays calendar was made up OF ordinary
charges OF burglary and larceny, the Grand Jury MOI
having mad time since the commencement OF thu
term to present indictments of special interest and
importance.
the flrsr prisoner arralgned was Joseph McGrath,
who was charged with stealing on the 9Th OF laSa
December, four boxes OF Tea from car IN the Hud-
son River Railroad depot. police onlceI At three
O'Clock In tie morning saw the prisoner IN the DOOR.
way OF q house corner OF Thlrty-iirst street and
Tenth avenue with chest OF tea in his arms and
upon instituting search the three stolen chests
were found near to the place where the arrest was
made. The testimony was so clear that the accused,
oy advice & o. MS counsel pleaded guilty TO an
he had been informed this was McGrath's 1ru
offence ana he was never arresteu upon any charge
before.
Judge BEDFORD on passing sentence said-Mr, Hc.
deceive regards the character Of the psfsonsS
neSus nsermsa .on y well anovn sns
deem 4 Hg osa;pn o;S to @ gUt out DsSs q the s
years and slx Months in tt'ie State Prison:
The trial OF Daniel McAdams, who was Jointly In
dicted with McGrath, was commenced but OWING %
an ohlclai @ engagement which his Honor had to
ACouIrrALs.
James Norton was charged with stealing bale Of
rugs valued at S72, on the ZOth OF February, the
property OF A. L. Stewart & Co. The rugs were
found in tha prisoners house, who salo tnat young
man named Poole asked permission TO leave them
there. The Jury believed the prisoners story and
acquitted HIN.
Terence Devlin and John Reilly were equally for
tunatc In being pronounced innocent OF charge a
burglary. The Indictment alleged that on the night
OF the 2lst OF January they elected an entranco
into the restaurant Of Henry WIKI IN Tenth avenua.
No property was found In their possession, and the
circumstances showing that the defendants mad ne
feioni0us intent IN gong into the place, although
they were found there at very early hour the jury
complied with Judge Bedford's Instructions aud
gave them the benefit OF the doubt by rendering o
verdict OF not guilty.
Thus far hardened criminals have been ar.
ra,gned but when they their guilt Is clearly
established Judge Bedford will mete out speedy tuS
tIce to the Offenders.
The New York herald., 1871-03-08
COMMON PLEks-GENsRAL TERM.

Decisions.
BY Chief Justice Daily and Judges Larremore and
Joseph +. DAILY.
The following decisions were rendered yesterday:
Mary Caroline rs Emit Ltppnldn.-Appeal dis
missed for want Of return.
Clement r. Harrington cs. Josfca Tdg1O7.-Same
Francis NcAtGrev pS. Thomas B,-anntg tgdn-Same
Es4ch Il. Jackson rs. Mark Rht,aalGO.-Same un-
less return filed within twenty days.
John W. Darts rs. George Weyfner.-Judgment
affirmed.
PARDON Briggs Us. James r. Smith, Jr.-Judg-
ment reversed.
affirmed
The New York herald., 1871-03-08
UNITED STATES CIRCUIT COURT.
The Case OF Csptnin Grintlc, OF the Ship Old
Colony-Veriict Not Guilty.

The Case OF Captain Grindc, OF the Ship Old
Colony-Verdict Not Guilty.
The trial Of this case, in Which the defendant Is
charged with cruel and unusual punishment TO one
OF his crew, Ramon Rau was resumed at the
sitting OF the court, before Judge Woodruff and the
jury.
TESTIMONY FOR THE DEFENCE.
Gilbert G. Young, ship broker, stated he had been
to sea sailor for eight years. had been sent aoft
In bowline had beaten the rust off the sheets with
an iron bar tine witness here TOOK a rope aud Illus
trated the manner IA which bowline was maze
and how sailor could sit IN ~; 1t also usual to
carry the iron bar aoft suspended around the neck
for convenience and safety; witness Was handed .
would answer for beating tile rust Off the sheets.
Cross-examined-Does not think he knows what a
s'normann Is; was sent aloit at sea to beat the
sheets when ne claimed TO be SICK, and they did not
believe that he was.
Frederick w. Cline, shipmaster for tnirty-nve
years, stared that 1t was usual to send men aot In
therc the operation OF heating the ust on the sheets
was very simple; there was no regular TOOL ior doing
& was very grave offence 10 leave the lookout; II
he knew there was no lookout he would not 60 to
Cross-examned--Any sailor could 90 aloft IN a
howlne; II would not do well to send up a man
VINO could not hold on; 1t would not be proper TO
send O sick man aloft: ''nornann was an instru-
ment used for putting on q windlass
Cross'exammed-A NORMAN" which was about
twenty-five pounds weight, would not well do for
better.
Ajesto P. Fabric sworn:-Knows Captain Grindle;
he has been In our employ five years. his character
Is good as rar as know; he has proved faithful TO
us; nave entrusted hun with large amounts OF
property.
Cross-examined-I have never sailed with Captain
Griudle; know nothing about how he treats his
crew; lam part owner OF the ship; the captain Is
not
Henry d. Bookman. a shipping broker deposed
that he knew Captain Grindle IN business con-
nection, ana always believed his character to be
good.
Cross-examined-I never sailed with Captain
Grindle; co not know how he treats his crew.
J. v. Crook first offlcer of the Old Colony was re-
called and, reply to questions deposed thai the
cnain by whlcD he was bound on board the ship
was not thicker than the rope produced III court;
IL was an open chain; the links were open.
This closed the testimony for the defence.
REDUTT,NG TESTIMONY FOR THE PROSECUTION.
Hugh j. Dohcrty, second mate OF the Old Colony,
deposel tnat he never told the first maze that Ran
was regarded on board as dangerous man; never
said anything OF that kind.
William Mcdonnell, Tie third mate, deposed that
he never stated to the first mate tnat Rau was
dangerous man.
Andrew Gown, one OF the seamen, sworn-I
never said TO the lrst mate that regarded Kau
dangerous man.
In crosse animation the witness said ne told the
Qn1cer that .kau had looked INTO bis lace at ni0ht
The New York herald., 1871-03-08
SUPREME C0uHT-CHAMSEnS.
So 4 Ca --,--2''p'
A Basso Primo After Jim Fisk.
Rpfore JudOo CardOzn


Before Judge Cardozo.
Giovanni B. Antonnecht Us. James Ffsac J.-The
plana sues to diminish the exchequer OF the great
fmpresa'to Of the Grand opera House to the tune
OF $500. He sets forth in his complaint that he was
employed by the defendant as primo 6aSSo In the
opera "Lurline." which was performed at the
Academy Of Music In this city in May, 1869. lie
alleges that ne was engaged at a salary OF $500
month, and that he had Deen paid only $400 leaving
$500 still due him. The defendant denies that
he engaged the PLAINTIFF OF all, but fur.
nished money TO another party, who employed
him; that the plaintiff was not employed by the
month but was TO receive 5000 week; that he was
paid $500 for two weeks singing and offered az this
rate the amount due him for four days. additional
singing, after which time the opera was withdrawn,
but refused to accept the same motion was
made to place the case on the special calendar,
which was denied.
Turnure rs. Costeuo.-Exceptions overruled and
report confirmed.
Consst0cS rs. Martin ct 1L-Motion granted.
Shdfster Us. The Mutual Insurance company OF
B,,Galo.-Same.
pdny Us. The Wardens and Vestsv Of st. James,
ChuIch.-Morion denied.
George W. Witd as. Henry Bonnfs.-Motlon denied.
No costs.
James Mason u.s. James E. Nar,oep-Motion
granted.
denied without costs and without prejudice.
JahgeS u.s. KOlSch.-Motion granted.
VeKntdt Us. Franklin ct di.-Memorandum 1or
counsel
He,nnaentcay rs. Denaplev.-Mouon granted. At
tachment to be ballable IN $780,
Allen et al Us. Taylor et ai-Motion denied.
BY Judge Brady.
Bryant rs. McKtft7ep.-Motlon granted. No costs.
The New York herald., 1871-03-08
COURT CALEE1AHs-THiS DAY

SUPREME ECoURT-CHAMBEEs-Hed by Judge Car
dozo.Nos. l, 13, So AZ. S3 102, los, LIS. LII, LA
149, 1853, ITO.
COURT OF COMMON PLEAs-Part Held by Judge
Loew-Nos. 473 6o4, 10, 621, 63, 5S31 677 4S7, res
73l, 671, 100, 61S. 636, TO.
MARINE CoURT-Part before Judge Gross.-Nos.
5276 5277, 5273 $780, 51l2 527S 5279 $751; 52S2 638S
52s4 $751; $685. $3.50, 59ls, $685. $685. 6soa Part -
Before Judge Curtis.-Nos. 6l76, 623A 6o79, $3.50,
hsS ass aSs 4ap s 9 s GS Sss1 S2ss
627o 5274, 1918, $780, 52s2, 1901, 62a4 5235, $685.
GENERAL SESslONs-Beforc Judge Bedl0rd.-Nes.
/, 2, 3, 4. s, 9. Z, and 9.
The New York herald., 1871-03-08
THE COUR T S.

Acquittal Of Captain 0rindle, Of the Ship Old
Colony-Discharge Of Captain Peabody, q the
Ship EaptIne-chargs Of Passing Counter
felt Money-The Lexington Avenue Open
ing Casa-Jim Fisk as an Impresario in
Litigation-More About Political In
fueace in Courts-A Transactioain in
hpplejack-Busiuess in tho Court
OF General Sessions-Decisions.
The New York herald., 1871-03-08
kiAAIkE C0UaT-2AST !.
A TransnctiOn In Appicjack.
RafOra IudOe Croqe


LpaaR ps. Arndnn-TAe plaintiffs statement was
that having visited defendants place in Spring
Valley Rockland county, N. Y, he engaged with
him or the delivery here OF about 10 gallons Of
applcjack within couple OF days OF November 10,
furnishing him with four barrels FOR the purpose,
and giving him his note q. fifteen days III payment;
that he then resOld the liquor OF an advance OF one
fendant failing TO deliver he thus sufered loss The
defence was that ulainn renresented that the nota
The New York herald., 1871-03-08
THE FORTY-FIRST CONGRESS-.
EFFECT OF TIE HERALD'S EXPOSE.

Uncommitted sins-Six Hundred Million Dollars
Worth OF the Peoples Heritage savsd-Sum-
mary CT Jobs-Not Too Much Credi.-sIb-
sidized Corporations Unboundsd Impu-
donce-senator 6tewart-The Indian
Question : Legal Claimants :
Claim Agents Must be Taken
Care Of TIE Income
Tax-Nexs Congress.
The New York herald., 1871-03-08

could be cashed like check at the Nyack Bank. anq
that good endorser would be obtained or oasn
were fulhlled and that the delivery OF the apple.
jack was TO depend upon the United States gauGex
coming up and passing the liquor, who really did
not maze his appearance until the end Of DeComp
Der. Judgment for defendant.
Dccinions.
BY Judge Curtis.
St,trteram ps Ungee.--Judgment for plaintiff.
Same vs. Bucherre.-Judgment for plainnf.
The New York herald., 1871-03-08
REAL ESTATE MATTERS.

The following were the auction sales OF real estate
yesterday
NEW yoR@ PRorEnrY--BY MULLER, WILKINS Ard Co
House aud lot, NO 2lU West 46th 20xluO x2l 66a
Store and lot u. corner Maiden lane alter st..
Stores and oi; Nos Es5 ss5 and S Pearl . i5so ~
0Acn 603m
The New York herald., 1871-03-08
BROOKLYN COU2Ts.
UNITED STATES COMMISSIONERS COURT.

Tho Lottery Business.
Before Commissioner Winsow.
Patrick Heaey was before the Commissioner yus-
terday the charge of having sold lottery policies
at No. 50 Union street without paying the special
tax required by law He held to bail to answer.
C0nceniiDg Spirits.
J. D. Royston and Alexander Tuppitt are charged
with having been engaged In the illegal removal ol
spirits from their establishment on Commerce
street. South Brooklyn. The hearing was adjourned.
The New York herald., 1871-03-08
EXTENSIVE EvlGLAlY.
Four Thousand Dollars Worth of Property
stolen md RecnnfurcG.

stolen md Recnpturcd.
About eight O'Clock Monday morning officer Becl,
OF the Eighth precinct, reported at the station house
that he had discovered that some time during the
carly part OF the previous evening burglars had
effected an entrance to the store OF John ii. Frost
No. AGA Broome street, by forcing open shut
ter, and had stolen therefrom silk hat Innings and
braid TO the value OF $4,000 Early yesterday
Ing oiicer Seaman OF the same precinct, lound
three large bags well flled with articles the de-
scrpdon OF those above mentioned, slowed snugiy
away in water closet In the yard Of No. 90 Greene
sGreet. He took the property TO the station house.
where, upon examination, IT. proved 10 be the same
that had been distracted from MIR. FrosGs establish
mpnf.
The New York herald., 1871-03-08
CITY cuuaT.
The Alleged Illegal Seizure.
Before Judge Nelson.

DcIOl0 JUugc 1NtI5Uu.
Norman LftteH cs. John Lt,ishey.-The plaintin In
this case, which was reported In the HERALD Of
yesterday sued to recover $500 from the defendant
VINO Is deputy sheriff, for the alleged Illegal seix
OF his In his store IN the Eastern district
The defence was that the seizure was made in pur.
suance CT Judgment against plaintiff, and the juIy
rendered verdict in favor Of defendant.
A silver Mine Speculation.
John Netdifager us. Henry 4. Jones.-The plaintiff
brings suit to recover $4,000, which sum, ne n
leges, he lost through the representations OF de-
fendant in regard TO silver mining company In
Idaho The company was organized In New York.
Defendant was one OF the corporators and trustees
and plaintiff purchased as alleged, 5000 OF The
shares The plaintiff alleges that the stock proved
utterly worthless Case still on.
The New York herald., 1871-03-08
COMMON PLeAs-SpeClAL TERM.

Judge Joseph F. Daily yesterday rendered a de-
cision In the following case:-
Woodward ps Stearns.-Motion to vacate attach
ment denied.
The New York herald., 1871-03-08
B3ooSLyN COURT CALENDAR

CITY CoURT-Parts and 2-Before Judges McUue
and Nellson.-Nos 33, 90, Ito. Part 3-Judge
Thompson.-Specal Term.
The New York herald., 1871-03-08
SUPREME C0UaT-TRlAL TERM.

RctrinI OF nm Old Will Case That Has Been
several Times Tried.
Before Judge Van Brunf
Moses ". S. Jackson os. Anna Nara jackson,
par(d S. Jackson et Ql-Thts case hos been knocked
The New York herald., 1871-03-08
SUPERIOR CouaT-sPscIAL TERN.

Decisions.
BY Judge Jones.
Anderson us. West.-Reference ordered.
Cooper Us. SnlaU-Order granted
Turner ps. Ne,c FORK Accidental Insurance COM
pdRp.-Same.
Cdrs,cel cS. SchdetBr ct dL-Same.
Wennlon Ds. Br0ad,cdy ana Seventh Avenue RdtN
road COnlpdnn.-Same.
Hdlres cS. Barr ct 1l.-Same.
Mcdonald Us. Chan,0erldtn.-Same.
Arizona citizen., 1871-05-06
Call for no more Troops.

We say call for no more troops, if for no other reason than this, viz: Just such calls are so many excuses for an inefficient policy with what we have, and especially pleases every idler in the service. All officers who prefer ease to labor, feel grateful for this cry for more troops, as it argues that the only reason why more Is not accom- plished is that there are not troops enough to do more. Ifeven one-fourth the present force were kept steadily ill the field and moving with right spirit, the need for more troops would not long be even apparent.