davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1871-05-02
SUPREME COURT-GENERAL TERM.

Important Commercial Suit-Sale of stock
Of Cloths Worth Over Five Hundred Thou
sand Dollars-Dcclsion Of Referee Reversed.
Before Chief Justice Ingraham and Judges Barnard
and Cardozo.
Herman von Keller u.s. Herman Sclsulfing A al
This action which was to recover over 100000 on
an alleged agreement growing out OF the sale OF q
stock OF cloth valued al $500 O00 has just been
argued and determined In THIS court. The suit has
now been pending two years or over, and arose
out Of circumstances which are contained in the
following opinions:-
Helman Ha9ss scSans 81 being sSoi sed s:
p ssssSSS SSSa ). paid sssal;as: ssS:
20 snd as e. osancs Of III. pasS... onss p.d n
before October 1855 And part Of such
r' berg % Co. is The purchasers il.
s 81 n
ss osi
~ sssns :.'a ,,s' s:
] 4. e s rs sss ss Ell ssT ss
thus realize certain FOR interest the yse Of which
r.us T:s sss'esss"a ssssns GO sns %nff
psSs p"sss,. 'sSd ass the Interest," schulz Ss
rson: sd s''qns from ors. e. :' oo % o.
and BY way Of payment asrsed between plain
TIN u. n n. StufsbcTH CO.s that H. A.
surberg DO should place ssd sum q $so % the credit
OF SchutnR their books. and should charge
The same 10 plaintiff upon their books and that
such agreement evidenced Nv two letters addreed and
delvssd TO u s'ar'oes IM GS !. yoax August 1885,
Me.srs H. A A. gTuRsBgRG a Co, Present. II
GrNIIEMgs--Pessc give Mr.. Herman schulting credit
for the sum OF $2U,W0, United states currency.
Mr. Herman schung win authorize you 20 transfer TO my
credit an h In the profits which may be
the stock which you bought OF him under
the date OF 4th instant Yours, very respectfully,
w ~ y - HERMAN vON KELLER.
Nrw YORK, August g. 1858.
Messrs II Al A. sTURsBHRG Il Co., Present
GrrTITvvN-In accordance withEthe enclosed letter o
Mr. Herman Won Keller you will please ransfer 70 h: credit
m INV and In the profits TO be realized out OF
the sale Of the stock which you bought o. me- under
Wapssr yea wl peaps Sred ny account viii hs sup q
The New York herald., 1871-05-02
CoMmoN pLeAs-GENEAAL TERM.



The following decisions In cases argued before this
court at previous terms were delivered yesterday
John r. Stescart ps. James N. 0'DonneM.-Judg-
ment appealed from afflrmed.
John ". Mcclure rs. Peter Batter, J.-Judgment
reversed and new trial ordered costs to abide event.
WWtn7n 3. Carr et al. cs. JACOB y. Inumdn-
judgment reversed, new trial ordered and costs to
ABIDE event.
Jackson s. Schu,tz u.s. Edsen Bradleu-Judgment
affirmed,
Hd,rey Baker ct al Us. Charles A. Dornan.-
judgment affirmed.
Joseph Agate Us. Abraham Lowenbetn.-Decision
affrmed.
The Indiana Nottond, Bank Us. Samuel Colgate
Referees report affirmed
raphael Gomez rs. John A. Observation-Disclosures
should be rendered for amount OF verdict
Whttdnt s. WHson rs. stephen II. MUS Ell a.
Judgment appealed from affirmed with costs.
George y. smith ps. William Fuller.--Judgment
appealed from afIirmed.
Michael Doughtp cs. James N. O'Donaen.-Judg-
ment appealed from afYIrmed.
GOtnetb r. Sc1nafdt rs. Emit c. Calm ct dl.-Ordcr
appealed from affirmed.
Stgn,und Drecher rs. Marcus Nnaon.-Judgment
reversed.
Fsrdtnanf schdett,er Us. Thomas Gardner ,-J'.-
Order appealed from affirmed. oa
Gomez rs. Cnnlp.-Judgment anlrmen.
clark rs. Lgnch.-Judgment affirmed.
The New York herald., 1871-05-02
COURT Of ceNIsAL sEssllV.

Before Cunning s. Bedford, City Judge.
The first disposed OF yesterday was an indict.
ment against an inteigentlooking boy, named
John W. Schultz who on the 2Sd OF March stole forty.
five dollars from Catherine schneider. The COM
planant interceded in his behalf. stating that the
youth nad previously been honest and she was
willing to take him back into her employment. In
accordance with the City Judge rule In the case Oh
Grst Offenders judgment was suspended.
Michael Mullins and Daniel Kenny tboys VINO
were charged with burglariously entering the
the 18th or April and stealing $3 40 pleaded guilty
TO petit larceny. They were each sent to the Peni
tentlary for one month.
grand larceny In stealing. on the 10Th OF Apriis
clothing from the residence Of Mrs. Bnomc NO. %
Pitt street. which she valued at &34 The jury were
out four hours or the Jurors having some uouDs
as TO the value Of the property. Judge Beaiora
rl0us thleL and 10 would nave locked tne lYJ w ~
The New York herald., 1871-05-02
s0 twenty thousand dollars United States currency
the debit Of Mr. Won Keller Yours respectfully.

SsS ~ ny shSu,aSS "m dos United Ssss: 20
SsrE Ca and the complainant then ayers that hereupoe
the psntH became and and Is entitled to onehird OF
and above iSs Or %sTsS.na.s
rs.Thst the defendants render him full and true
pay onssSs cr aS the Safanoe q s
of the sale Of said merchandise together with the
The case vas referred 70 James Emoss % hear and
- out J page: sala & is'; and ins S ~ sSs &:
A. The ps a H h. fourth our. h nS
Ss .o; ,Ss 4:
: credit naa S;' S Il.
Ss; en-. ,ss9ssGs Ss,ssss 1S e.
iss
p.n had Won Keller placed IN their
ohaSs their Sooss w hs &c. aa
to g, cSs ySa
as;s : s n a s
s the an S
demanded return q the papers above sci forth.
s,as d. ss
ss Z sns
sS
sale o &
and being desrous sell that interest," and thus realize
certain for interest the value OF which was conin
sent and uncertain" !" agreed 70 SELL &c During the week
q stars6erg Co. the $40 900 pd not receive IT, and he
s a ey o Ss S 1d " s
not yet been Sold schuting had not received anything
whatever either In money credit and unable to get
either and thus things remained until the 18Th Of August
berg Go: the papers which he had signed.
tho goods were sold for $67696 66 and the
onehlrd and above 5000 amounted to @100660 g.
and the referee orders Judgment In favor of the plaintiff for
the whole unit OF such onehrd leaving the 900
trey unpaid and Inprovded for and this the
Of the plaintiff by which he parted with farthng
or placed schutng in position by which he obtained far
thing In credit money, the referee djudges entities hum
this large sum. In opinion the judgment should be
versed trial granted with costs 10 abide the event.
and the order of the referee vacated.
Jus!ics Cardozo did not agree to receive
law suit for the transfer OF his property but fixed liability
the part Of persons he TO be
by their credting him In then books with the
OF $20 000. That Won Keller to do, but did not;
and the Sursbergs became liable to schung
tany not in the xed certain and deute> which
alone sGhuIting was willing to part with his property Chief
stnrsberg Co represented by Charles Wehe the
pelant Schutng BY G. Banbridge Smith, and tho plaintiff by
BoWdOin Laroque Barlow.
The New York herald., 1871-05-02
THE BOARD OF SUPERVISORS.

The New Tax Levy system Casting Its Sha.
dow Before.
The Board Of Supervisors held special meettna
Yesterday afternoon, Mayor Hall in the chair.
resolution was adopted instructing the surro-
rate to equalize the salaries OF the en-
ployes in his ONCE, provided the equal
izaton does not In the aggregate increase the
expenses of the 0flce. The Clerk was authorized
by resolution to make q compilation OF ali the laws
passed during the last session OF the Legislature
which AFFECT the interests OF the city and county OF
New YORK.
The Coroners' fees, amounting to sl4, 700, for the
quarter ending March 81, were ordered paid; also
the Sherln's regular fees and those OF the County
CLERK.
Several bills were ordered to be settled, among
Others s0r repairing the County JAIL $4,000, and tue
Marine Court. $4,000. The Board then adjourned v
the 21st oil next month";
The New York herald., 1871-05-02
BROOKLYN COURTS.
SUPREME CoUUT-cIacUIT.

Heavy Verdict Against n Life Insurance COM
pany.
Before Judge Tappen.
Gertrude Koelges us. The Guardian Mutual Lts
Insurance Companp-The paintir brought suit to
recover $4,000 the amount of joint policy on her
own lie and tnat Of her husband, Albert the same
to be paid upon the death Of either the one sur
vivlng. In April 1868, the insurance Was made and
premium was then paid The premium became
overdue in July, 1862 and plaintiff p01dthe am0unt
TO a clerk In the company's ep5uSH who said
that he could receive. and the payment was Made At
her house, where the clerk called, and gavS q re-
ceipt in the name OF the company. Mr.. KONlges
died in September following. but the company re-
clerk in question was not autho ized to renew tke
policy, the time for the payment OF the premtunA
having elapsed. The jury found Tor plaintiu TOT the
full amount claimed.
The New York herald., 1871-05-02
SUPERIOR CoyRT-spEclAL Term.
Decisions.
Ry Jud0a McCunu.

Decisions.
BY Judge McCunn.
Ed,oa,'d G. Richard rs. James L. Ddrceu-Order
granted.
Thomas Wheeler rs. Stephen Wflfdn1s.-Same.
Joseph Lepy Us. Peter Cdsstdu-Same
Joseph Ecker rs. Frank Brock ct dL-Same.
caroline Ache1' Us. Frank BrOcE ct aL-Same.
7he LOrtldrd OH Refining Company Us. jacob
LOrtnard.-Same.
Mary Bliss Us. MendcttOn Bliss. Same.
Jane COchrdne us. william COcllune-Same.
The New York herald., 1871-05-02

night II they had not agreed Williams got the fun
pen&ty-hve years IN the State Prison.
August Castaina was tried upon charge OF ra.i
celving one box OF wines with a knowledge that.
was part or the proceeds OF burglary c0mmttedv
upon the premises OF Antonio Curo In Baxter street.
The evidence was insufficient sustain the indict-
ment. and Assistant District Attorney sullivan aban-
doned the case. whereupon the jury rendered yer-
The New York herald., 1871-05-02
UNITED STATES CIRCUIT cuusT-ly BANKRUPTCY.
Important Decision.

OcCISIOUe
Before Judge Blatchford
In the Matter or the Boston, Hartford and Erte
Railroad Co1apany.-An assignee In the above ent
tied matter having been appointed in Massachusetts,
and another for the State Of Connecticut, and it
being contended by counsel that New York State
represented and protected before the Register, it
was yesterday ordered bv the Court that Mr.. John
Scdgwlck be appointed as an additional assignee.
The Erie Receivershlp.
The matter OF the investigation relating to the his
tory and recovery OF the Englishmen's Erie stock
was to have come on before Commissioner White, as
Master FOR further hearing yesterday, but was put
on until halfpast p. NJ. to day, at which hour
further adjournment IL s understood, will be had,
TO give time for the disposition OF the charge OF con-
tempt made against Jay Gould.
The New York herald., 1871-05-02
HE COUR T S.

Important Decision in Bankruptcy Cole
man-Erie Reoeivership-Court Of Oyer and
Terminsr-rhs Decision Of Referee Re-
verssd-A Juryman's Verdict and
What Came Of It-An Attachment
Suit Decisions Business In tho
Court Of General Sessions
The New York herald., 1871-05-02

Heavy Verdict Against n Life Insurance Com
The New York herald., 1871-05-02

Docisious-Tho Constitutionaiity Of tho Legal
Tender Act In Regard to Pre-exisfing Cone
tracts-COin Contracts EnfOrced-Ext ension
of tho Internal Revenue Laws Over the In-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10

The value of the Independent as compared
with the party press was never, on this Cont
nent, at least, go Enthusiastically revealed as It
was in these columns yesterday. Our quad
ripple sheet was all but too small for the adver-
tisements, news, editorials and other matter
which imperiously demanded admission.
Fifty-nine columns of advertisements was q
magnificent vote of confidence in the NEW
York HERALD as newspaper, as public
teacher, as direct, simple, effective medium
for the transaction Of business. 1t is the irst
time in the history Of the American press that
30 large a space has been devoted to adver-
tisements alone We question if even the
London Times, that greatest of European
journals, ever made so grand show. AS we
have said, we regard it as vote Of confidence
ia the HERALD We accept it as a recogni-
ton of The superior merits Of the independ-
ent as compared with the party press. We
rejoice in 1t as a proof Of the marvellous
growth and astonisbingly increasing pros
perity of this city aud neighborhood. We
look forward to the not distant day when the
quadruple shall have sweiled into sextuple,
and when the sextuple shall in proportion be
as crowded with advertisements as was the
quadr uplc of yesterday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10

THE COMMISSIONERS OF PUBLIC SCHOOLS. -
All who appreciate the vast importance Of
popular education will agree with Mayor Hall
Ia his opinion that the new Charter, in provid-
Ing municipal departments, ''shculd have In
cluded one Of education" II is gratifying to
learn from the correspondence between the
venerable Peter Cooper and the Mayor, which
the HERALD published recently, that any ap-
prehensions lest the proposed amendment to
the Off, Charter, introduced in the State Sem
ate BY Mr.. Tweed, should, If passed, result in
doing away with the excellent Board Of Com
missiopers. must now be allayed by the Mayors
resolution TO reappoint each and every one Of
the present members of the Board TO member
ship In the new Department Of Instruction.
The Mayor endorses the merited eulogy Of the
Board by Mr.. Cooper and declares that all Its
members have proved themselves to be vigi-
Jant, economical and conscientiously devoted
10 the exceedingly delicate trusts committed to
them.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10
T lie SH E E T
CONTENTS OF TO.DAY,s HERALD.

PAGE. ~>N''>o>o>>"0>'s'' 'N''~
l-Advertisementa
advertisements.
3-The High Commission American Negotators
IN q Dilemma; The Unanswerable Conundrum
OF the AlaDama Claims; Reported Agreement
Upon Basis Of Settlement-w ashingtOn: Pros
poets OF an Early Adjournment OF Congress
Inc Presidency: Plotting for the Succession
The Coal Ri0ts-Conee and Tea-New Jersey
pPolitcs-Newark's Last Excitement.
Resurrection ; The Most Glorious Festival Of
christianity; Its Legends ard Its Lessons !;
The Beauties oil Nature, the Rennements OF
Art and the Flowers OF Eloquence Contribut-
mons IN the Metropolis and Elsewhere.
5-Re'tgious continued from Fourth PaQe)-
Horse Notes-Iusical aud theatrical Notes
Boat Race at Salem, MISCONCEPTIONS OF the
Game Law-Sad Case OF Poisoning.
6-Editorlals: Leading Article, "Preliminary Con.
vention and Platform Of the Administration
Party"-Amusement Announcements.
5-Edftorals Continued from Sixth Page)-The
Rouge Revolt Desperate Fighting Around
Paris on Saturday A Battle at yiliejuif-Critl-
cisms OF New Books-Fine Arts-Misceila
neons TeleGrams-City Intelligence-Disas-
trous Row.A Row Among the Roses
6-Financial and Commercial Reports-The Earl
OF Observation-Disclosures for the Sports
mems Conventi0n-Base Bail Notes-Natonal
Guard Veterans-Marrages and Deaths-Ad-
vert1sements.
O-Advertisements.
walker, Governor OF the Bahamas, Counsels
Observation-Disclosures Accident on the Bos
ton, Hartford ana Erie Rairoad-Terrfble
Murder In New Oreans-The Crittenden H0mi-
eide: Continuation OF the Defence-The
Notwithstanding Observation-Disclosures
ments
acknowledgements.
observation-disclosures
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10
The High Commission-Thc Basis Of Set
element Agreed Upon.

The High COmmisstOn-Thc Basis Of Set.
element Agreed Upon.
The Joint High Commission, according to
what Is called good authority outside Of the
members themselves, have agreed upon a
basis for the settlement Of our fishery Diff
culties. American fishermen are to be per-
mitted to fish in Canadian waters, to land and
dry their 6sh and cleanse their nets in
Canadian territory, and the United
States is to pay certain sum Of
money for these privileges. As to the
Alabama claims, certain general international
principles, covering the neutrality theories
under which the Alabama claims arose, have
already been laid down by the Commission,
and It has been agreed that commissioners
shall hereafter be appointed to adjust the
claims themselves on the basis proposed Ia the
principles thus laid down. This agreement Is
said to have been already forwarded to Eng
land for approval, and It is stated that by the
Let Of May the entire conclusions Of the CON-
mission will be ready for submission to the two
governments.
Il d satisfactory, doubtless, to the Glouces-
ter fishermen to know that their interests have
been 90 well attended to as to secure them all
they could have desired, but II can hardly be
so satisfactory to the general public to know
that they are to pay out Of their own pockets
to the benefit Of these fishermen for what the
public mind has been trained to believe IL
rather right than privilege. The agree
ment in regard to the Alabama claims is so
vaguely stated that we are in doubt yet
whether we are to have the old John
son-C Clarendon Arbitration Committee, or
merely formal auditing Of the accounts
vtilsmept. II II ia the former The Senate
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10
The pragdalene. OF Gotham.

While the Easter-illed churches were ring-
ing to the praises of the poor converted
Magdalene, who came down to the tomb Of the
risen Lord with spices to embalm His
body, ninety-seven of that dark sisterhood
from which Mary was snatched were on their
vio dolorosa to Blackwell's Island. In yester-
days HERALD was given full account Of the
saddening, sickening scene In which these
wretched, brazen creatures figured.
Last evening the Rev. Mr.. Ebbits
evidently took that report as the text Of a
sermon which he delivered at the Methodist
Episcopal church, Washington square. II IL
time that this CHASTITY sore should be cauter-
lied by the styptics Of the Church, as well as
by the mere mechanical operations Of police
rule. Mr.. Ebbits was right In his bold treat
ment Of a professedly delicate subject Great
credit is due to Superintendent Kelso for the
manner In which this raid was effected; but
we ask, 10 all seriousness. can nothing
be done TO prevent these ninety-seven
immortal souls from plunging again into guilt
upon the expiration Of their half years
imprisonment Can nothing be done 70 pre-
vent the young and guileless from sinking
into the vacant places Of these sinks Of crimef
1t is the duty of all to look thoughtfully upon.
this matter. ''She hath cast down many
strong" Is Solomon's saying, and yet u is the
embodiment Of weakness which achieves u.
We live In an age Of seemingly fervid religion.
The pious congratulate themselves on the
triumph of godliness, when all at once that
sinister procession Of nincty-seven slat-j
tern prostitutes through the streets OF
New York ON Holy Saturday oaends
the precious daylight, hurts the car with It's
litany OF shrieks and semi-drunken bias
phemies. and gives the Gle I tho throat deep
. she lgnSs" to ibe cyy Of The sufaciencx
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10

will put . prompt estoppel upon any nnal pro-
ceedings In the matter, and II the latter the
auditing need amount to nothing more than
clerkly checking OF Of the items that we have
summed up ere now in the HERALD. How
ever, by the LIST Of May--moving day-we shall
hear from the august Commission, and be
better able to decide whether the mysterious
ways In which they have moved will tend
hereafter to more settled harmony or more un-
pleasant discord between as as neighbors.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10
Sermons ON the Resurrection.

Excepting at very few churches all the
the sermons delivered yesterday were de-
voted to the subject Of the Resurrection. A
theme so appropriate to the day, and one so
pregnant with ideas, could not fail to produce
some able discourses, which, delivered in elo-
quent language, brought before the hearers the
picture of the last great scene in the mighty
drama of the sacrifice Of the Son Of God for
SHINING man. To those who had passed the
forty days Of Lent in penitential exercises
who had searched their hearts and torn there
from all the wickedness which abounded
therein-Easter Sunday must have been
a real day of rejoicing. "The gates Of
heaven are thrown open," said Father
Gallagher, at st. Peters, 'sangels came down
upon Earth, the eclipsed Sun shines In re-
newed splendor." And was it not easy, when
we remember what beautiful day 1t was
yesterday, to apply this language to the Easter
Sunday just past? ''The grave is still here,
yawning for the multitude to fill Its silent
depths. But it is not the same as If Jesus
Christ had not come" So spoke DR.. Hall.
No, it is not the same; the resurrection as
sured us Of that life beyond the grave Of which
even the chosen people of God had but faint,
dim conception before Christ came. 1t showed
us how death was conquered-how, to quote
from Father Doucet's sermon at st. Patricks,
the hope Of Immortality els not something
resting on speculation or imagination"
Yesterday, at least, Witnessed but little Sec
tarianism in the pulpit. Catholic and Pres
byterian, Episcopalian and Methodist, Baptist
and Congregational word, all the denomi-
nations, united in concentrating the ami
versary of the day when Christ rose from the
the Father. The sermon of Father Hecker
was not less eloquent and touching than the
discourse of Mr.. ,Beecher, and the eloquence
of Dr. Chaplin was equalled by the earnestness
of Father Roman. If Mr.. Hepworth taught
that the resurrection proved man superior to
the bonds of DEATH, Father Lake, in
Brooklyn, showed how it was the
day of liberation, when the spirit
could walk forth !" In all the majesty Of free
DOM" In word, all the preachers told the
same story and drew the same conclusions
from it. Indeed, they could not differ in their
conclusions; for there can be but one meaning
to the resurrection, and all who call them
selves Christians must believe in it, no matter
to what sects they belong.
To-day let those who prayed in penitencs
during the Lenten season and who rejoiced
yesterday-let them strew flowers on the
~
the grave, sing, with the cherubim aud sera-
phim, praises Of the Triune God, awaiting
the more glorious day when the mystery Of
creation shall be revealed and man shall walk
forth to eternal life.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-10
Row at Albany-Is Jim Twins
DO Expclleds


DO Expelleds
The committee Investigating the assault
upon Mr.. Weed In the Assembly are busily
engaged upon that subject The House must
maintain its dignity. We would not PREJUDICE
the case, but if Mr.. Irving is to blame for the
assault there should be no hesitancy about his
prompt expulsion. No question of majorities
nor of politics should enter into the discussion
It is, in fact, hardly possible, if the circum-
stances as at first reported are true, that Mr..
Weed can retain his seat and his self-respect
too, unless the indignity heaped upon him shall
be resented by the House In some manner
more severe than mere censure. He will
probably resign unless Irving is expelled, and
the democratic preponderance win suffer
equally in either case.
There are some very important measures to
come before the Assembly during the present
week with which the democratic interests in
this city are closely identified. The new tax
levy scheme Is one Of them, and from the
united front which the republicans opposed 10
it in the Senate and the personal affection
which the small members have for the old
arrangement, it is quite likely that opposition
enough may be engendered In the Assembly
to defeat it If the democratic majority is cut
down so much that the parties are al a tie. 1t
Is not likely that the people of this city or the
smaller democratic members Of the Assembly
will be sorry on this account. The
new Registration bill, which substantially
does away with registration in this
city, is also to come up for final passage before
the Assembly, and in the event Of Irvings ex-
pulsion or Weeds resignation 1t too will be
likely to 60 by the board unless some republi-
can Of easy virtue can be found to support 1t.
Unfortunately there is nothing hopeless in this
latter alternative; but, even II there were. the
Assembly cannot afford 10 let Ito dignity be
insulted with impunity. It may require some
nerve and some self-sacrifce on the part of
the democrats Of the House; but there IL no
help for 1t. They must maintain what dignity
they have, and If these two obnoxious bills
are finally defeated the cause may be traced
directly to that unfortunate blow upon Weeds
nose. da ru