davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
FARMER E0sTRAND's AssAesIMs

Their Trial Commenced IL the Queens County
Oyer and Tcrnliner.
On the night Of the 2Sh day Of January last Gar
rett With Nostrand, OF oyster Bay, murdered
in cold blood. lie was at Oberlinders Hotel during
the evening in company with John H. Devine Will
liam Kelly. Thomas Cahill, Ephram Powell and
Amos brennan. The two latter persons left
the hotel to go home at eight o'clock;
Nostrand, Kelly and Devine remained until
nine O'Clock. At that hour the murdered
man went out by the front door followed by Devine,
while Kelly passed out through the back door to
take short cut through the woods. On the follow
ing Sunday morning the dead body of Nostrand was
residence. His wife went TO look for him and fell
over his body on the road On the following day
accordance with the verdict or the coroners Jury.
Devine, at the instigation OF his parents stated
that Rely had murdered Nostrand, admitting, now
ever, that he struck him the frst blow. Kelly de-
MED this statement, anu added that he knew moth
ing OF the murder until Devine came to him and
said he had killed him.
Yesterday morning Kelly and Devine were ar.
raigned In the Queens county oyer and Terminer.
;nage pert presng Counsel t lot key stated
torney desired to first try Devne. The court
ordered jury, the calling OF which occupied the
greater part OF the day, some having formed an
opinion and others having conscientious scrupes.
The Jurors chosen were as follows:-Peter Dick
Anthony Boen. Fushng Earl Lee. Newtown; John
Corwin, Flushing; seaiy Southland, Hempstead
Newtown: Charles Pettlt Hempsead; Charles
Hendr ckson o. ster Bay; William Lamberson, Ja-
maica.
Kelly bears his confinement WELL looking As well
As when enjoying perfect freedom. Devne looks
sicky and careworn He frets great deal and ex-
presses himself very pcnieni.
George L. Mott, OF North Hampstead, was called
as Juror. He said he was at one Tune member Of
the Society of Friends, but was turned out Tor keep
ing a fast horse.
Judge Gilbert told the Grand Jurors they might
take scat in the courtroom If they could iind one
but they could not The room was crowded 20 SUI
location. Judge Gilbert dismissed all jurors not
drawn I'll Wednesday morning, telling them that 1t
was desirable that thew should remain away during
the progress OF the trial OF Devpe.
The court took an early all onrnment and the eX-
animation OF witnesses VIII proceed to-day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
COURT CALEaDAiS-rlllS OW.

$780, 10, 50 3o5a, 334, 9o&, ~ So, 223, 1885, lu74,
Is, 36 i56, l4,4 49, 2l6%, 1000.
SUPREME CoURT-SPECAL TERM-Held by Judge
Sutherland. -Dcinurrers-Nos II, 8, 7. Law and
fac.Nos. - S. Io9, 100, 49, 1885, l3i 1885, l36, lss,
50. az, lta ~ 1aS ldS las, l4s, $50, l52, III,
SUPREME OBSERVATION-DISCLOSURES. 10, IS, 79, SO,
1926 las, 1856, 15S, 164. los, 176, III.
MARINE CoURT-Part Held by Judge Shea
Nos 5247, 5ies, 5l65, 64l5, 1884, 5o 554S 556 55lo
sa49, 5e57, 5l77A, Se7S Part Held by Judge
$500, $685. 5095, 1890, 5s57, $685. $685. Part s-eld
by Judge CROSSINGS. 1881, $3.50, 1858, 6345, 63s3
G4l6 6sl7, 5572.
6Sa, 1862 Ill, 7I3, RS, 779, ISL 7S3 7S5, 49, 1875
Part Nos 6l4, G0, Co.. 578 254 60, ESQ., 6sS, co.
CO.., COS, ZOO T02, 50s, 70o.
CouRr or COMMON PLEAs-Part Held by Judge
Loew.-SOs. 1874 AGO. S. 1872, 954, 735, S44 $40, III,
G13, gel, 902 737, 49, 800
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09


The Contested VIII Of Mr.. George Tiif0rd,
Deceased.
Before Surrogate Hutchings.
This case was appointed Tor hearing and the Court
called upon the proponents OF the win to produce
the attestng witnesses to prove its due execution.
The first witness called was Mr.. yincenG, who de-
scriDed himself as stock broker, living In Fourth
avenue, and deposed that lie attested the document
OF the request OF Mr. Reynolds, the executors
Cross-eXanined by Edwin james, prepared the
will from written statement brought by MIR. Rey-
paper; never prepared will before; when
signed the VIII the deceased did not read
the Will, nor was 1t read TO him; he held
the Will III his hand and told me lie wanted
me 10 sign 1t; nothiny was sad about the
property nor how he had disposed OF IT. he appeared
TO be of sound mind so far as / observed; think
saw HIM once ter the VIII was made and before
his death; the will WAS not alluded 10; Mrs. Tilford
was not present when the will Was signed; she was
III the house
Mr. Belts, the other attestng Witness was eX-
amned anu his testimony was TO the same eject.
Before The adjournment OF the case Mr.. James ap-
Piled 10 the Court 10 appoint special administrator
10 noiu the property pending TINS contest.
The Surrogate-What Is the property
MI. James-Stock IN trade, represented to be OF
the value OF $4,000, and there Is confidence III
the partner In whose control IL now Is.
The Surrogate asked II Mr.. Tlford, vi the firm of
Park Ilord, would give bonds 10 the Court ana
take possessiolY
Mr.. Iillord declined.
The matter stood over for an application to the
Court upon the subject, II no arrangement can be
come 10 between the parties
MIR. Daniel appeared for the proponents and Ed
win James and King for the contestants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
COURT or OYER AND TEaRlSEa.
4 Busy Day, but AL Cases Of Minor Inapori-
eGce.

4 Busy Day, but AL Gases Of Minor Import.
ance.
Before Judge CardoZo.
There was large attendance at this court to-day,
and the session was somewhat long. but the cases
were all OF minor importance. First were arraign-
ments and
Pleas of Guilty.
John Ryan pleaded guilty OF pocket picking. SEN
ience was deferred till Wednesday.
Thomas Williams pleaded guilty of burglary. He
was sentenced to two years and SIX moaths IN the
State Prison.
Patrick Kelly and Joseph Herman pleaded guilty
OF burglary in the third degree. Their sentence was
postponed till Wednesday,
Eugene Glass pleaded guilty OF attempted larceny.
He was given one year IN state Prison.
Negero Gonzales pleaded guilty OF carrying a dirk
knife. Sentenced one year TO the Penitentary.
John NJ. Connolly pleaded guilty Of burglary In
the third degree. Sentenced two years and six
months In state Prison.
Cases Tried.
Jane Couchlin was tried on charge or stealing
fifty dollars from Otto Mudrowski The parties met
late at night repaired to "dive for refreshments,
the girl turned or the gas and the gentleman OF the
Polish patronymic afterwards found his money gone
The accused was found guilty, and sent six months
70 the Penitentlary.
John McCudney was found entity OF stealing 81 so
from the side change pocket Of Alfred Akert the
latter was walking up Broadway. He was sent six
months TO the House OF Refuge.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
THE fATA. K:Ro,cRe EXPLOSION.

Investigation Before Coroner Schirmcr--Nc-
body to Blame.
James Hughes, OF 10 Greenwich street. husba MI
OF Bridget Hughes, who was fatally burned on SAT.
urday evening by the explosion OF quantity of
Kerosene oil, yesterday morning called upon C0ro.
ner Schrmer at the City Hail. and gave his evil
dence IN regard TO the occurrence Mr.. Hughes
stated that his child, twenty months DID, took a
can containing over pint OF kerosene oil,
and, carrying IL near a hot naDhtha stove
used for cooking purposes spilled Of the oil on
the moor, AMI, coming IN contact with the stove the
oil ignlted Before Mr.. Hughes could suppress tile
flames the can oil exploded and set fire to his wle's
clothes and SHE ana others terribly burned. The
occurrence says Hughes in his testimony, was
purely accidental. On the above testimony The case
was submitted TO the Jury ana they rendered yer-
diet OF acClden al death.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09

upon the m,rket before the money was required
was "aileI UPON to sign bonds for $1,000 before
aIv work had been done he declined, and thereby
saved 70 the CITY $4,000; There Il continual de:
moody knows where 1t goes. A statement was
punished by the Commissioners, bur 1t full OF
Thy may be mistakes, but they don't look
SO % HIM. The Commissioners always send either
Mr. Johnson or MIR. BrItt0n TO him Tor money and
bets perpetualy annoy ed with the word mandamus,
which appeared 70 be constantly on these gentle.
s he a 81 not comply 81 WITH
ana not BY the Legislature. ana he intended to CON
people, while the gentlemen composing This board
were squandering the money OF the city. he in
tended SHORTY 70 lay statement Of facts before The
Mr. Bntton made the argument for the Water
Board Board. ana " opening asserted S that the only
one honest man In the city OF Brooklyn. and that Is
Martin kalbneisch. He wants the commissioners
their Views, Which any person p0 familiar with
his natural stuboornness knows is no easy
Mae are Sa the TO nEs only wa
a deporabie state Of things 10 see the different
branches OF the city government at loggerheads and
part Of IT, the speaker said, he was aware arose
from purely personal causes. He remembers the
time when the Mayor would sign such bonds at any
time. Now. however, 1t costs the city more Tor I'M
necessary litigation brought about by his HOnors
stubbornness than even the closest economy could
save. BE once had made charges against the comp
troler which he was very glad to back ont Of.
The Mayor replied that the Counsel was attempt
ing to whitewash the charges against the Comptrol
Ter. They are far from being yet ended and he de-
MED that he had ever gladly backed out OF them.
The committee appointed by the Common Council
failed to make q report on account OF some members
retiring from Office at the close OF the year. He had
found another leak in relation to those parties whom
the counsel was attempting to protect. and he should
speak Of it to the Common Council this afternoon.
III the Wafer Board were to Judge when the mOhey
was required, why did they not obtain an act au-
tnorizing them to draw the money direct from the
treasury as the Fire commissioners DO at the COM
mencement of each wear, without having TO account
Tor the interest on 1t.
Al the conclusion of the argument Judge Pratt
took the papers ana reserved his decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
THE COURTS S.
UNITED STATES CIRCUIT COURT.

Before Judge Benedict
The United States Us. Westrap Gttbes Hard
cdstle.-Thls was suit brought to recover duties
on warehouse bond on an exporta ion OF rice
The defendants In 1864 imported a quantity OF rice
and entered the same In bond and gave the usual
warehouse bond, conditioned to pay the sum OF
$12,594 90 on the amount OF duties fixed by law.
The merchants claimed that this was '.unceared
lice, aud as ouch was liable To duty OF only TWO
cents per pound, which was paid by them on WIN
drawal The Collector subsequently nquldated tnis
mercha adlss cleared rice" ana without giving
notice 10 the merchants brought this suit TO recover
a half cent per pound more, on the ground that
.cleared rce' oy the Tariff act OF 1864 paid two and
q half cents per pound
The defendant offered to prove that the rice was
uncleared; but counsel Tor the government objected
on the ground that by the fourteenth section OF the
Tariff act OF 1854 the liquidation OF the Collector
fnal and conclusive unless the merchant protested
and appeared within The time stipulated IN the act.
Mr.. Ethan Aleu- Tor the defendant, argued that
the SEXTON mentioned applied only to suits brought
by the merchant against the Collector TO recover
duties after payment had been made. and did not
apply 20 case where the government was first
suing upon the bond.
Judg1 benedict decides that no notice OF liquda-
tion TO the merchant was called Tor and that the
lquidat OH o the Collector iXed The amount OF
duty which the merchant must pay, and against
Tins liz Jdafiol he could interpose defence as to
the character OF his goods.
The jury, Nv direction OF the Court, rendered a
verdict Tor the government for $3,l2.. This is
Carded rs very important question affecting the
rights OF merchants. The defendants intend to
appeal TO the supreme Court, at Washington.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09

JEFF DAvIs.-The failure OF the mail tram Oh. the
Tennessee road to connect with the orange anu
Southsde trains at this city, yesterday, gave many
OF our people an opportunity to see THIS distin-
guished gentleman, who, accompanied ny hls
rooms at the Piedmont House. Many prominent
citizens varied upon him during the day. ana were
received with that c0rdiality and graceful dignity
for which be Is remarkable. There was nothing
like public demonstration, 1t being understood
that MI. Davis desired quiet and rest. He Is ap.
parenty in the enjoyment VI excellent health, and
looks even younger than he did Several years ago.
His step Is as elastic and his CARRIAGE ~ graceful as
cOlloQuial powers have lost none OF their dlstln-
gushing characteristics. We learn he Will leave
this morning for the city OF New York.-LvachoHg
tvu.l ReDub[icG3t, MUU 0,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
SUPERIOR csURT-TaRL TEHa-?AaTL
Bankers Must Not allow TOO Much Freedom
TO Discharged Clerks.
Before Judge Jones'


Before Judge Jones.
Franz Norris u.s. George Gdnz.-This was an
action TO cover $500 in Prussan bank notes, which
the plaintid claimed TO have deposited November @
1893, with the DEFENDANT, banker In Chambers
street, Tor transmission to Germany. The money
was alleged 10 have been given 10 one Bornerman
WHO was bel!nd the counter and who, as he
swered the plaintiff questions the latter supposed
was one OF the clerks OF the establishment and par
tculariy as lie had on previous occasions given
money TO Bornerman for transmission. The ev!-
dence oil the defendants showed that Bornerman had
been discharged two months BEFORE and at that
time was no longer in their employ but admitted
that he was IN The habit OF coming there
almost daily and gong behind the counter.
and that when the plaintiff called he went
to the window and answered his questions as
10 the charges, but denied that the plaintiff
deposited the money either with Bornerman
or any one IN the employ OF the defendant. In con-
tradiction OF this receipt was produced written
on one OF DEFENDANTS official blanks and signed with
the defendants name, This the defendant set up as
forgery; but the writing was proved to be that OF
Bonerman. The value OF the Prussian notes was
shown 10 be worth S296. The Judge charged that IL
the defendant allowed Bornerman, although not at
lifetime In his employ, to be behind his counter and
answer the questions OF those coming there to
transact business that the defendant must be liable
for his acts The jury found verdict for the plain
t1 for the value OF the notes In gold, with interest
IN currency from the time OF their deposit.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
SUPERIOR CoUaT-Spsclat TENN.
One willing to Marry, Tut the Other Not
Willing.

One Willing to Marry, But thc Other Not
Willing.
refore Judge McCunn.
Amelia ODDeahetner u.s. Charles I'etefs.--1hts
case, the fun particulars OF which have been pub
lished and In which the plaintiff, Jewess, brings
suit TO- $4,000 damages for breach OF promise OF
MARI iage by the defendant, who Is a Gentle, came
up again to-day pursuant 10 adjournment and IN
the hope TO cntlce the plaintiff to marry the de.
fendaht, the latter being unwilling TO marry her.
Counsel on both sides talked at length upon the
matter. and at the close the Judge privately IN.
terrOgared both parties. The defendant was willing
10 marry the girl once, but she insists she cannot
marry him until he becomes Jew, which, being q
Catholic, lie VIII not 90. The case Is 10 come np
again tomorrow.
Decisions.
Mark ~. AndersOt.-Order granted.
Before Judge Jones.
Fred Brodfe os Thomas Cidr6 ana Bdrthofo-
sle,n ". McDon0ugh.-Moti0n for reference grant.
ed with $40 costs, and John G. Bushnell appoiDtcd
Before Judge Spencer.
Fred. Br0die Us. Thomas Clark ct d.-M0uon de-
MED with $40 costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
NEW YORK HERALD TUESDAY, NAY g. 1871 TRIPLE SHEET

ber l directed Mr.. Willard to make out the ac-
count; directed them to make out the accounts,
showing what l had advanced, and as there had
been loss also told them to make out the 40
count showing that mad lost on the shares; made
the agreement as to the bond with Mr.. Lane and
FISK; mad an idea IN making up the account 70
snow 70 the Board the actual loss made ON the
Company.
Adjourned till Friday next, at one O'Clock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
THE BROADWAY BURGLARY.

To TBE EDITOR OF THE HERALD
In your report of the bun gary at my store NO. SO
broadway, on friday night. you state that WORD
was gwen to the watchman shortly after inc Dur
glars entered, but lie, instead OF raising an alarm,
started to give me Information. Please DO Mr..
Mckinney tine watchmanl justice by stating tnat nc
lett the store In charge of Two officers 70 noy me,
and thar we returned together III less than twenty
minutes IRON the time he left.
FRIEND PITTS, 500 Broadway.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09

senger. when the car had proceeded about three
BLOCKS team OF horses, about being htched 10
another Car OF the company, broke from the drivers
grasp and ran al full speed down the avenue coming
In collision with the IN which platinum was riding,
causing ner To fail heavily against its slde and pro-
ducing conclusion OF the spine, which has ncapaci-
tated her from earning her bread during the balance
OF her life The defence set up Is that the horses
were not allowed 10 break loose through any care
lessness OF The company or Its servants. Case still
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
THE ALLEGED DiAA1io ROBBERY.

The report that lady guest at tho Grand Ccnsra
Hotel was, on Saturday last, robbed $4,000 worth
of diamonds proves. on investigation to have been
unfounded. The package, said to contain valuables,
was delivered TO the owner by the messenger III
person. The bell boy, Martin Fay, who was re.
ported TO have absconded with the jewels, was ~
the hotel yesterday rs usual. The whole story, "
appears, was u sheer fabrication
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
SuPlERE C0uaT-TalAL TGaM-2aaT 2.
Collision in Central Park and Salt for
Damages.

Damages.
Before Judge Brady.
George Sloane u.s. V.uidm Elmer.-On the 21st OF
August, 1857 The plaintiff. with his wife ana son.
were seated IN one horse top buggy on what is
known as 'the Enoll'' in Central Park, viewing
from this elevated plaza the beauties OF the Park and
country about. While sthus engaged, the plaintiff
alleges that, although there was plenty or room for
horses and vehicles they were suddenly into by
rocSaway belonging to the defendant, driven by
wife ana son rrecipitaed to the ground and all
more or less injured, Mrs. Sloane who was the most
seriously injured, sustaining fracture OF the right
aIn the buggy badly damaged ana The horse in his
fright running away. suit was brought 10 recover
$4,000 damages. The defence was general denial
Considerable testimony was taken occupying all
day and promising TO occupy day or two longer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
COMMISSION or APPEALS.

The following Is the calendar OF the Commission
OF Appeals, held nj the new Court House on Tues
day. May s:-Nos 1o4, 1o6 1o7, 10s, Ill., ia, u.s. l16
III II, Ii, Il, %, 20, Ito.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
csusT Of COMMON pLEAs-raAl TERa-pM1 l.

@uif Against the sixth.Avenuc Railroad Com.
paDy.
Before Judge Loew and Jury.
y,a,a Q,,plaa Us. TIE S,xth Apenue Railroad COM
panv.-The plaintiff was employed Ms nurse In the
family OF Mr.. Vanderbilt In Fortyeighth street. and
ON tho 9th OF last April, while returning from the
Central Park, with baby OF her mistress, eleven
F,fly ninth street on which she was the only pas
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
UNITED STATES DISTINCT CaylT.
A Heavy Verdict for the Government.
Before Judge Rlatchforl.

The United States ps. C. IL. Lflfsnth7i-This case
has been u trial Tor twenty days The defendant
sued by the government for the sum Of $1o4 0Oo
being the amount out OF which they claimed they
had been derauded by the defendant not making
full ana true returns OF his sales as manufacturer
OF tobacco. The jury found verdict for the gov
ernment icr the 1ull amount claimed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
UNITED STATES C0iH.ssIly;aY ClJlf.
Charge Of Selling Cancelled Revenue Stamps.
Before Commissioner Shields

TIE Uaf'ed Sa IS rs. Patrick 1Crr,son.-Tne de-
PENDANT is he in 50 600 bail to await the action OF
the Grand Jury charge OF selling cancelled rev.
enue stamps.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
BROOKLYN COURT CALENDAR.

CITY CoURT.-Part 1-neld by Judge Thompson
Nos 3, 1s IS, &c. 4S, 81 49, o. u.s. 1856 l4a, 1872 6G,
5. Part 2-Heid by Judge McCue.-Crimlnal trials.
Part 3-Held by Judge NeilsOn.-Special Term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
Base Bali Notes.

Base Bali Notes.
To-day the Athletics, OF Philadelphia, play tina
Ecktords on the Union grounds. This Will be good
game.
Flyaway vs.. Dauntless at Hunters Point.
Tomorrow, Athletics, Of Philadelphia, vs. AtlaL-
tics, on Union grounds.
Friday, Mutual vs.. Resolute, OF Elizabeth, n. j.,
on Unif II grounds.
The Olympcs OF Washington (Blue Stockings VIII
leave that city on Wednesday on their first grand
tour, and have arranged to play the following
matches MAY IL, Lane Oak OF CINCINNATI. IN Gin
natl 18th, Forest City OF Cleveland, IN CINCINNATI
10Th, Kekionga OF Fort ayne, IN Cncinnati: 10th,
White Stockings OF Chicago In Chicago; l7tl Forest
City OF Rockford, in Rockford, ILL.,; 18th, 4Etnas OF
chicago, in Chicago; 10th, Forest City OF Cleve-
land, In Cleveland; ed, Union Haymakers OF Troy,
In Troy; 23d, Harvards Of Boston, In Boston; 2ith,
Boston OF Boston return game; 26th, Yale Univer-
sitv Nine OF New Haven, In New Haven. The Blue
stockings also intend TO play the Neptune Club OF
Easton, Pa, and the Athletic and Experts Of PM
ladelphia but no days have been set for these
games. They are endeavoring To Perfect arrange
ments with the Boston Club 10 play them ia New
York while In that city, but the latter have not yet
accented the proposition.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09

Runs earned-Boston,. 8; Atlantic, o.
Umpire-Mr. Tilton, of Athletic Club.
Time of game-Two hours.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-09
cCMSQG plEAS-SpSCIsl TERM.
Decisions.
By Judge J. +. DAILY
SUaROGsTt'S COURT.

Eornenlann rs. Ldvcron.-Moti n granted.
Perellddd Us. Eaeas. -Motion denied.