davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1871-11-23
BROOKLYN COURTS.
sUpRtGE COJa7-SpeClAL team

A Divorced Husband Seeking His Child-A
PaSnfni scene.
Before Justice Gilbert
ReIi0 Bennett, ~, US. Isabella b. BennetL-The
palntif brought suit for absolute divorce on the
ground OF adultery The couple were married In
1891 and pa antlr alleged that In 1919 his wife left
HIM anu Went 70 live win one WiIiiam +. Jack, at
No. 6jI Baltic street.. The Case sent To
cree. No defence was made, and the referee re-
ported IN favor OF grdntng the divorce asked for.
Judge Gilbert confirmed tie report.
Yesterday MRS. Bennett appeared In Court, in obe-
dence to an order Tor her TO show cause why her
son, hoy Oi eight years, should not be delivered
into the custody OF the iatRcr. Counsel for Mrs.
Bennett produced adavrs setting lortn that plain
TIL not ht person 10 nave the of the child
while COUNSEL lor Mr. Bennett submitted testimony
showing that nc was man or exemplary habits
and leriecly aole to take care Of the boy. Judge
Gilbert decided award the custody OF the boy to
the iatner who thereupOn attempted to KISS his
son. The nttle fellow objected and began
to scream. ''lhat Is not my papa; don't want 10
so with inn; want to Say win my mama-n He
slipped away from his father aud ran about the
cOnrs room to escape from him. Mrs. Bennett inter-
fercd, and impored Mr. Bennett TO leslst, when
Judge Gilbert suggested that the parties should
tire TO private room Win the Doy. THIS done,
ana shortly afterwards MIR. Bennett left win his
500, VINO continued to scream until tney reached
the street
The New York herald., 1871-11-23
THE Newark ARMoRY QUESTION.

Alter all the talk and agitation INDUCED IN on the
SUBJECT Newark Is still without that much needed
armory. The CITY Fathers seem to be AFRAID o their
lives TO spent single dollar OF the peoples money
for any necessary purpose like this. whle not long
ago they evnccd not the slightest scrupie ~ aoso-
lutely throwing away some 10000 raat amount
being sewer Is or was recently pestilence. breed
tna auaQn,lre. The contractors were allowed 70 20
the work ln any way tIey pleased and they pleased
IN ,io n IN way that cieaiei instead ol aDated
nuisance. Tnerc Is some efiort now being made 70
inuuce the city 10 buy building III orange street.
IN a sad hat one colonel WIS offered s ooJ II ne
would uSe his influence win the City Fathers 10
have il purchased. Each OF the regiments, too,
were to receive nice 6ouc tJs IL IL not likely that
the place will pe bought, ~ it Is far from being
coniraL ami beside is not suited for the purpose
The New York herald., 1871-11-23
THE COURT S.
Suit Against . Telegraph Company-Trial Of Jim
Irving-A Militiaman in Court Decision
In Admiralty-A Horse Car Accident
The Black Friday Suit
unlIep STATES SUPREME ceuaI.

Violating tho Commercial Statutes In Mary.
Acknowledgement Against Accommodating
End0rsers.
WASHINGTON, Nov. q, 1877.
No. eo4. Ward cs. state OF Aa,vand.-Error to
the Court OF Appeals OF Mary land. The plaintr In
error was indicted In the Criminal Court Of Balti-
more for violating the statre or Maryland by SELL
ing by sample In the city OF Baltimore certain
merchandise (harness nxturcs) without license,
ne being . nonresident OF the State. The court
below held that the statute under which the ndict
ment was found was not repuanant 10 that clause
OF the constitution which entities the citizens OF
zens Of the several States. nor to the clause which
grants To Congress the power TO regulate
sSs w sn w a1s tn ana
because that clause confers upon Congress no
power OF regulation or OF direct control over the In
ternal commerce or domestic trade OF tie States.
Upon these vlews The indictment was sustained, and
the cause Is brought here, where the reverse Is
maintained by the pIaintin In error, and It Il con.
tended that this attempted regulation by state OF
the manner IN which trading within 1t may be car.
rel on Dy cItzenS OF other sta.es anu m respect OF
teaches the main affirmative power OF ordinary
active commerce between the States. confded to
Congress, aud IN this case Is direct discrimination
between citizens oil Maryland and citizens OF other
States IN respect OF an ordinary and extensive
branch vi mercantile dealing. On the part OF the
State the view OF the Court below is adopted and
elaborated at great length.
No. 265, YeuOer ct al. Us. FdraDeu ct al-Error to
the Circuit Court for Missouri was an ac-
ton OF assnmpslt on promissory note for sl5,ooo
executed in December, 1885, payable one year after
date oil which the plaintiffs In error were enuorsers.
Their defence was that they wero endorsers without
consideration at the request OF the payees and for
oi the latter that the endorsement snould do the
dorsers no harm. 1t was also pleaded that the note
was no. presented for payment at the place
notice OF demand or non-payment eve: served on
the ondOrSers The case turned upon questions OF
fact, which went against the endorsers who come
here insisting tnat tine Court erred In It's rulings
The case IL submitted on the printed briefs. q. r.
Strong lor paintn IN error. l. l. Galltt Tor defend
AntH
The New York herald., 1871-11-23
CHOLERA.

Its Appearance at Halifax md tho Condition
OF the Sick In the Lower BAY.
In order to ascertain II The report that deserter
from the steamship Franklin was the Jraceablc
cause OF the appearance OF the cholera ut HALIFAX
HERALD reporter, after receiving permission from
the Health Of1icer called upon the captain OF the
quarantinec vessel yesterday. and found as fol-
lows-That the telegrapl,c message attributng
tho disease to the desertion OF the cook OF the
Franklin was faise In every particular, as but one
person, q cabin passenger, named Neumann, was
landed at that point, and, as the epidemic
was confined 70 the steerage, is hardly
possible has going ashore was the cause
OF the manifestation OF the pestilence; yet
II is well known by medical men that choeraic and
iniectl0hs diarrhea may last for days, II not for
weeks, and 1t Is TINS class Of reported well
which escape the vigilance Of inferior health officers
and carry with them the seeds Of a poison which
for deyrinnmenf and in,s nave Seen ne ase
at Halifax. me Health Officer allowed Neumann,
after full examination, TO go ashore. and 10 him
alone Ii the blame OF the transmission Of the DIS
eQse
NO new cases have been developed on board the
Delaware since last report, and last evening. Ut
eight O'clock tine detained iadles aud gentlemen
We're happy rs possible. Cards and music were the
ihe majorlty that death q short time before had
staked roughshod among them.
At the West Bank Hospital, through the judicOus
but three deaths since last report, making but Six
In all that have died at that hospital ana these being
marked victims before reaching there. The re-
cent deaths were:IDorothea Slubbs, aged forty
nine; Joachime Dusing twenty-lOur Cecilia
Nielsen, two and hair years; but against this list
OF deaths there Is the pleasant exhibit that yester
day there were sent on board the Delaware con-
yalescents ten adults as follOws:-liansinea POul-
een, Lars Peter POulsen, Hans Poul-en Anton Mel.
sen, Andreas Nielsen, Anna Nielsen, Pc.er Chris
tiaison, Carl Labs, Bertha Holm and Frcdrlcka
Holm. There now remains at the hospital yet re-
ceivng treatment thrty-f0u persons and should
noinlns unookedi0r occur Doctors Reid aud Mo
shcr WIN the assistance OF captain O'K0urke. ex-
pect 10 save them all
Tie good results OF the work OF our quarantine
thus made apparent, and when 1t is stated that
Franklin ie within our waters with the dread
disease IL SLOWS what q grand sanitary Gordon
Ur. C0tnOchan has woven about uA The method
OF Jns OIccr and his assistants In treating tnfec-
tlos diseases such as TO prevent any intro
Halifax through the stupidity ignorance OF their
port ollcial
The New York herald., 1871-11-23
UNITED STATES CIRCUIT C0u3l.

Alleged Malicious PrnsccntioB.
In the two cases or Marcus Brod Vs. D. W. Ives,
who Is oflcer OF internal revenue under Superv-
s0r butcher, for alleged malicious prosecution,
Judge Woodrnn mas red iced the bail In each case
from So, 600 to $4,000.
Telegraph Suit.
The case OF Humeslon VS.. the American Telegraph
Company, which involves questions Affecting the
patent OF the plaintiff In telegraphtc instrument
and his claim to certain payment Tor the use OF his
machine Dy the defendants, under contract in
writing. Is still at tria 1t has already occupied
seven days, and to oil appearance Will take up as
many more. 1De defendants have ten or twelve ex-
perls TO examine. Alter the ABOVE case has been
disposed OF
The Trial Of Jim irving
will be brought on by the District Attorney. Jim
was around yesterday in the federal building with
some or his political friends and acquaintance.
his counsel. Charles s. Spencer, was also hands
but there was no need OF his services, there was
not the slightest chance OF the trial coming on.
The New York herald., 1871-11-23
BROOKLYN MORTALITY.

There were 20s deaths In Brooklyn during the past
week. Of the deceased ~ were men, 90 wo-
men,. 70 boys and 40 girls; Ao were under year
and "A were between the ages OF so and 80 years.
The nationaities OF the deceased were as foows:--
United states. l4e Ireland, 20; Germany, is; Eng.
land, s; Scotland, 2; Russia and Austria, each.
Ecaristna carried on IL, consumption 81, disease
or the brain 10, diphtneria 8, smallpox 4 Group u,
whooping cough and bronchitis each, typhoid fe-
yer 2, diarrhoea 2, remittent lever D The highest
death rate was attained In the Sixteenth ward,
where the number OF victims was Il. There were
only deaths IN the First Apd Third wardA
The New York herald., 1871-11-23
Rcpart Of tho Sanitary Committee.
ne following reports were read and ordered

Rcpart of the Sanitary Committee.
The following reports were read and ordered 70
be nled:- e
The Sanitary Committee respectfully reports the
work OF the several bureaux tOr the week ending
November Is, ls7l:-
Sanitary Inspf fctiOn.-Moreau Norris, NJ. D., City
sanitary Inspector, reports total OF ,g77 n3pec-
u0n6 BY the Health Inspectors as follows, viZ.:-764
tenement houses, public building, 136 private
dwellings, 1T other dwellings, manufactures
ana WORKSHOPS B stores aud warehouses; 20 sta
eles, lat rendering establishments, bone and
10 manure dumps, rendering company, 6S sunken
end vacant lots, 81 yards. courts and areas IS cell
lars and Easements, AZ waste pipes and drains l25
privies and water closets, 1856 Streets cutters and
ndewaks. 10 piagerles, Is Other nuisances, 3 dan
GerouS stalrways, clsterns aud ceBspOOlS and 81
gases OF contagious diseases visited. The number
OF reports received from the Health Inspectors was
SOz during the week 81 complaints have been
tocelved nOm citizens and referred 10 the Health
inspectors Tor investigation and report. His report
Also shows that during The week the Disinfecting
Corps nave visltcu 63 premises where contagiouS
diseases were lOund anu have Ill injected and fumi-
gated Az houses, Az prvy Sinks together with cloth
Ing, bedding, &c. "a cases or smallpox were re-
moved 10 hospital Dy the Ambulance corps. His
report also shows that u sinks anu cesspools have
been cleaned and distnIeCtcd by the night scaven-
ters under permits OF the Board, and 800 loads of
been granted TO vessels 10 discharge cagoes on
vouchers from the Health officer OF the port. The
following is q comparative statement OF
cONrAGIOUS DISEASES
reported for tho two weeks ending November IL and
November 10, l87i:-
The New York herald., 1871-11-23

stop at Thirty ninth street. He stopped, but she
claims that before she had time get or he started
the car again thrO wing her down and injurlng her
gave birth 10 twin. ~ niv moStSs sne
claims that these unusually delicate. and that
tue premature BIRTH with the subsequent Ill heath
OF both her and them, s the result OF her fall For
these injuries sne claimed $4,000 damages The
Geience was, PLAINTIFFS negligence and denial that
peana twenty seven days after. Verdict for plaiA-
The New York herald., 1871-11-23
CouAr or COnxuS pl:As-TaAL Ilam-3ART |.


N BfNCK sWIfs
Before Judge Joseph r. DAILY and Jury
Eyede,.icE Cameron ps. Frenz Deckheimer and
Oners-1h,s suit is brought TO recover $3s,sSo IS,
the litigation growing out OF the transactions OF
"Black FiidaJ.n Defendants acted as painfln
brokers In the purchase and sale OF large amounts
OF gold, and on the 24th OF september, 1859. rem.
dered statement showing sales to the extent OF
4l04 000 with margins to the extent or 1854 2l7 0o
on the same dav go!u fell to $50, and plaintifs
ordered the purchase OF f404, 900. On the 30th l0
lowing the first day the Exchange DID business
after Friday, piaintin again ordered purchase OF
sI04O gold being at 1870. Neither OF these pur-
chases were made, defendants claiming that the
margin had been exhausted through compromises
m ade at higher rate with parties from wnom tney
borrowed gold 10 carry Tor paintin.
Paintin claims mat II the purchases had been
made he would nave a balance IN his iavor 10 the
amount he sues for. Case stiIl on.
The New York herald., 1871-11-23
SUPREME COuaT-c,aCulT.
Alleged Unlawful Posses sion OF Property.
Eeiore Judge Gilbert.


Before Judge Gilbert.
Wfatom Johnson ps. Joisn r. El,oeu et al.-The
plaintiff TO recover s1,e)) the value OF eeven
horse cars and elghs sets OF harness, whicn he
claims were taken possession OF unlawi uly by the
ueendant, about two years ago. In answer the
defendants claim title 10 Tie property by
virtue Ol sale made To ihcm in December, 1869, on
the foreclosure OF mortgage made the MeiropOl.
tau kaiit0ad Compan. oi the Eastern district upon
It's property TO William Peet ana William ii. lal-
maze trustees. fiaintiii. on tne other hand, Gays
pany, as While lie was President lie bought 1t with
his own money. lie iurther alleges tnat he never
was included In the mortgage Case on.
The New York herald., 1871-11-23
CITY COJaT.

Trouble Between Oeat0r and Creditor.
Before Judge Nelson.
David II. Wagner Us. Charles Halstead.-Thls
was an action to recover $4,000, which plaintiff
claimed was due him under the following circum.
stances. He swore that he owed the defendant
$4,000, and transferred house and lot TO him, TO he
sold by him 10 the best advantage. The property
was sold by defendant for ST. 00o, and no kept the
surplus OF $1,000 over the amount OF his claim
Halstead alleged that the plalnin owed MIN s., 900
more than stated, anu he therefore retained the
surplus. The Jury rende, ed verdict IN favor Of
nlalutlH for Sl4
The New York herald., 1871-11-23
MARINE clUnT-2ART
Decisions.
RV Juflra Joachim eer

BY Judge Joachmsen.
Hutton U.s. Baron-Action on note. Defence
counterclalm. Trial by Court. Judgment for plain
TIN $l7l 81, and costs and $25 allowance.
Steget ps. hdit,n.-Acuon Tor services. Defence
0enial. Irlal by Court Judgment for plalnnfr
$766 30 and costs and SIS allowance.
Jones Us CdftL-Action for goods, &C. Trial by
court Inc only question litgated was as TO the
time When interest commenced running. Judgment
Tor plalntin $50 and costs and 81 allowance. The
Court refused TO make the costs an, more than Ii
sno action had been brought In O district court.
Jones rs. Snyder MdntJdC uring toyppdny.-Trlal
continued ana concluded. Judgment reserved.
The New York herald., 1871-11-23
COURT OF COMMON pLsM-spsclAl TERM.
Decisions.
BY Judge Loew.

B1rnstead cs. NEUTRALITY-SUSPICIOUS. granted (See
memorandum for counseD.
AoooH us. Fan Wntie.--Motion to place cause OF
special calendar of short causes granted.
Md,un ~. GdfeS.-MOtiOn TO vacate order OF arrest
uewln0 the motion.
The New York herald., 1871-11-23
COURT of COMMON flsAs-raul TERM PART 2.

8 Horse Car Accident.
Before Judge Joseph +. Daily and q Jury.
Nary McErov ~ The Third Arenue Railroad
Co,npanp--ln August, 1870, plaintiff was riding In
Th,rO Avanue Cal. SnV AgpAaDo w conAUQSss V
The New York herald., 1871-11-23
The City Pronounced by the Health
Authorities in Danger of a
Widespread Epidemic.
Dirty Streets and Filthy
Tenements.
The Uptown Mantrap-Trains from tho Central
Depot Endang ,ring Life and 0bstructing
Travel-Depression Of tho Railroad and
tho Bridging of ofIntersecting Road
ways Recommended.

President Bosworth presided at the session Of the
Board Of Health yesterday. ct which all the Com
missioners were present except Mayor Hal. Dr.
Carnochan ana Mr.. Henry Smith,
OUR DIRTY STREETS.
DR.. Ceccarini chairman OF the Sanitary Com
nittee presented q report showing the foul condi-
ton OF the Streets which 1t stated that in many
cases the contractor has failed to clean them at
I'll during the week, and where work has been
done IL has been imperfectly performed. 1t was
also said that street refuse and garbage are still
dumped into open lois and river Slips contrary to
law, but these were not specified the report was
sent back to the committee for this addition. 1t will
uAen be sent 70 the street Cleaning Commission.
"A MODEL TENEMENT HOUsE.n
Upon recommendation or the City Sanitary In
speotor II was ordered that the tenement house In
rear OF Nos. g. and Mulberry street, In
which the nre occurred on Sunday, be
closed on December 2, at noon, and shall not
b again occupied as q human habitaton
without permlI from the Board. This house ia
forty by sixty feet, has five noors, contains .orty
families has only fourteen feet between 1t and the
high brick tenement in It's front and but four feet
between 1t and the huge factory behind. The NOR
tanty among the inmates has been as high as
Dcventy-fve in one thousand, and tho house ~ de-
scribcd as being in every way unit for the abode OF
human beings
The New York herald., 1871-11-23
UNITED STATES DISTRICT COURT.
Necieinm in Admirnl,y.

EPcfeE0H III HUmfrnEy.
In the case OF Thomas Durham ct al. va l,2G5
vitrifed Pipes, Judge Blatchford has rendered
decree ior the belants with an order Of reference
The New York herald., 1871-11-23
suessoa cOuaI-1alAl feas-pAa1 /
Tint Black Friday Case.

j. O. Dacts Ell al ps. jay could, James FISK, Jr.,
et a,-Th's case continues TO drag Its slow length
along. All day was consumed In lenatrcned argu-
menl by the opposing counsel Of the motion 10 dis
miss the complaint.
The New York herald., 1871-11-23
The Uptown sIan Trap.

The following important report was read, and
after discussion was referred to the Sanitary CON-
mittee with instructions TO confer with the oicers
Of the railroads ss to what measures Of reief are
desirable and feasble:- r.>s- 49, .seA.,.
: BUREAU or SANITARY INSPECTION, Nov a. 1871.
To THR BOARD or HEALTH:-
ossTLENEN--Havlnq already forwarded com
muplcatlon at the last meeting respecting the dan
fer 10 liIc at Fourth avenue, between Forty -hfth
VI Wick 'sssseS y ooSca SS asT per-
kSat Inc Mayor and commonai,y Of this city should
authorize this alteration OF the grade OF the ave-
nue. and e. o e
Mayor and CommonaltS The passage OF the necos.
sary ordinance granting permission TO the railroad
company interested 10 make the excavation suG.
gested and alter The grade OF lntersectng Streets 50
Is TO meet the necessities OF the alterations, and
throw bridges ae foqs 70 m aoo an e en- Z,
the railroad companies Respectiully, your ooedi-
Snt servant MOREAU NORRIS,
A City sanitary Inspector.
ENaiNKER HAswELLs REPORT.
In compliance with your request nave visited
and examined the roadway Of the New ork and
ever which are run the trains OF tne Now Haven,
snS hudson and the Central roads, ana submit the
ssnord a,e.i the depot terminating at Forty
.oconu s.feeh designed for the combined accommo-
aaiion OF these roads, there are passenger and
neignt Trains ARRIVING and departing daily. ADDED
and the local removal OF the cars by the agency Of
station M or swSh s engines, as they are termed the
result oi wnicn Is the doubling OF the transit OF
locomotives anu cars over the ume trains within
She limits OF the external depot upon the Fourth
avenue from Forty MIN to Fiitieli street. Under
this condluon OF occupation OF this avenue
and Of adjacent portions OF the Transverse
streets the transit U vehicles OF passcn0ers
across or upon the Fourth avenue from Fer, AIR
30 about Fifty-second street. Is not ony aciiuaIv
obstructed for the greater portion the day bnf X
10 positively dangerous 10 life and limb at al times
and so manifest Is hs that the parties In control 81
Shis depot have recognized the necessity OF some
salutary action bv thus placins poss and Chains
The New York herald., 1871-11-23
West Tg- Tg- R>ap. Scar Snia' Aer- Dlpt-
q! 81 IT t. @ ''iisS < & = z T


would again call the attention OF the Board TO
Ibe fact Of the rapid increase OF smallpox during
)he past week, Forty three new cases were re.
pOrted for tile last week, and since Saturday last
b0 cases additional making total oi 63 new cases
10 the present date lie past three weeks have
jhown rapid increase OF this contagious disease
N danger OF o widespread cpldemic, which will
not only destroy many lives but imp0verish many
o&nors. No class is exempt from this iOathsOine
Gsoase and It can only be controlled by the most
prompt and enective measures. Every person who
has not undergone successful vaccination or re.
vaccination during the last SIX years snould a. once
resort to that means for protection. 1t Is the only
recognized preventive against this disease. AS
; proof OF its protective value Q ANY is
persons who were vaccinated by the officers Of tho
Health Department during the months from March
10 october OF this year there has not one been
ported to TINS bureau as having had an attack Of
bmallpox or varioloid.
Dr. Charles r. Russell, Register OF Records re-
ports az follows:- during the past week there were
registered 40 deaths, being an increase OF over
the previous week. and 81 less than for the CORE
stoned 102 deaths; CONSTITUTIONAL, l04 local. 1922 de.
vel0pmental, %, and violent causes, ~. The fatal
cases OF smallpox almost doubled having increased
/. trom TO ], the highest weekly number within Q
month The mortality Of measles rose from TO 8.
and that OF scarlatna from 10 to 13. The
sns y 70 49, ana osc se0Sg
cough from 10 to 10, those by typnus
fever from to Q. those BY typhoid fever iroms TO
mlttent lever produced deaths and dlarrhGal dis.
eases 26-an increase OF and respectively. The
deaths by phthiss puu,onalis decreased from II to
II and those by e local respiratory affections from
10 TO G2 one death was due 10 hy ydroph0bia. The
following were the principal meteorological iea-
tures OF the week as recorded for this department
nj the Cooper Union Mean rcading OF barometer
20. 9N IN; maximum temperature, So; minimum
temperature, 81; mean temperature, 400, being
l.730 higher than Tor the corresponding period dur
ing the past ten years; mean degree OF humidity,
e02a