davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-13
A DEADLY BLOW.

Another Probable Murder in Brooklyn
Critical Condition of James Boyee.
The HERALD Of yesterday recorded the fact that
another citizen of Brooklyn had been wantonly
felled to the earth by a skullcrushing blow dealt
by the hand Of some unknown scoundrel. The
victim or the outrage was James Boyce, young
man. twenty-eight years Of age, who pursues the
occupation OF truck driver ana boards with his
aged mother at 62 Prince street. 1t has been as
certained since the occurrence that Boyce, who
was
MAHRYED ABOUT TWO WEEKS AGO
to a young woman who is living with family In
South Brooklyn as servant, was In the habit Of
visiting her each evening and was on his way
home through sixth avenue when his attention
was attracted by screams which proceeded from
some vacant lots OF that thOroughfare The cries
for help were evidently those OF woman and
Boyce, actuated by kindly and humane instincts,
ran into the lots and there saw two or three men
standing MP. One Of them
STRUCK BOYCE ON THE HEAD
with a club, IL Is believed, and Knocked him down.
Thev then beat and kicked him until he became in
sensible. This was about ten O'Clock and the un-
fortunate man lay bleeding Oh the cold ground for
an hour. At the expiration or that period
Informed hn ned the 'iN police Of the fact ana Boyce
was removed to the Tenth precinct station house,
Flatbush avenue. Here he was attended by n sur
ness, when Boyce related the circumstance OF the
assault and asked to be taken to his mothers
house III Prince street. The back OF his head Is
beaten to pulp, and deep indentaton on the
left temple marks the descent OF
SECOND MURDEROUS BLOW.
BOyce, who Is under the care OF DR.. Briggs, was
deliriOus last evening" and but very slender hopes
are entertained Of his recovery. The injured man
was very temperate in his habits, and is repre-
sentcd as being Of an inoffensive disposition. The
police are exerting their best energies and detec-
tive skill (?l to HON the mystery and obtain o
clue to the ruffians who have forgotten the
fate Of Rodgers, OF the Battle Row gang.
The New York herald., 1872-12-13
THE JUKEL ESTATE CASE.
The Suit of Bower W.. Chase-Law Points
Argued.

The Suit ~ Bower vs. Chase-LaW Points
Argued.
The hearing OF the case OF George Washington
Bowen vs. Nelson Chase was resumed yesterday IN
the United States Circuit Court before Judge Ship
man and special jury.
During the proceedings OF yesterday question
arose as to whether the death OF person could be
proved by common report or tradition.
Mr.. O'Conor laid 1t down general proposition
OF law that such evidence could not be offered.
Mr.. Hoar said that in case OF this kind party
was entitled 10 the best evidence that could be
obtained. 1t appeared that Polly Bowen, sister OF
Betsy Bowen, died about seventy-five years ago.
The persons who saw her die were oil dead and,
therefore, the only evidence they could get Of her
death was common report or tradition, which now
became not only the best but the only evidence
they could offer upon the point. He proposed to
ener the deposition OF o man who saw c0flln
which he was told was made for Polly Bowen.
Mr.. O'Conor said ii there was a newspaper con-
tainIng q paragraph about her death lt might be
offered In evidence
The Judge said that under the circumstances he
should admit the evidence.
Jerome Thompson, portrait painter, was called
as an expert TO prove that there was likeness be-
tween the picture OF Madame Jumei and the plain
tif Bowen.
The Judge excluded this evidence.
The dispositions or Molly Randel and Joseph
TO the effect that they were acquainted with the
plaintiff from his boyhood; that they knew that he
was born In the house of Reuben Bnliou, and that
Betsy Bowen resided there at the time.
The further hearing or the case was adjourned
till this morning.
The New York herald., 1872-12-13

few evenings since George Thompson, OF SO
Court street, Brooklyn, was Knocked down and
robbed in one OF the lower streets of the city.
Charles Morse Of 100 South Fifth avenue, was
brought up at JEFFERSON Market yesterday, charged
with the offence, and committed to answer.
Burglary.
John Smith, OF 632 East Thirteenth street. ana
Patrick Murray were yesterday arralgned at
Jefferson Market, charged with burglary In enter
ing the promises of Charles w. Bellows $50 and 16l
Crosby street, on Wednesday night last. Murray
was discharged and Smith held to answer.
Henry Clarke, residing In Ninth avenue. near
Thirty-fourth street,, was yesterday charged with
burglary at Jefferson Market, in forcibly entering
the premises OF Isaac Dermort. f13 Ninth avenue.
He was remanded for examination
The New York herald., 1872-12-13
UNITED STATES SUPREME COURT

Expenses Of q ships RePair-An Army
Contract-The Yo Semitic Public Rescr-
vatien--A Suit 90 Recover on = Quar-
ternaaster's Voucher.
WASHINGTON, ID. c., Dec. IL, 1872.
No. SO. Mcclellan and Dodge vs, Shinn ct a.
Appeal from the supreme Court OF the District Of
Columbia.-This bill was filed by the appellants
against Snlnn and others as joint owners of
vessel, seeking contributions from ShiDn for his
share Of the expenses Of its repair. shinn's
answer averred that he was interested in the vessel
only by way OF mortgage given him as security for
an advance OF money. on tho trial decree for con-
tributi0n was awarded, but the General Term re-
versed the decree, finding that Sbinn was
mortgagee out OF possession, and holding him,
therefore, not liable for the repairs. It IL here
conceded that ii ne was m0rgagee ont or posses
sion he was not liable bur IL is insisted that he
was owner, and not mortgagce that he took an
absolute bill Of sale and hal it recorded, and did
acts OF ownership. such as ratifying the acts Of
another part owner who had insured the vessel
But II he Is held 10 be mortgagee then, t Is con-
tended, he Is mortgagee In possession and liable
to contribution. Having derived his interest from
part owner u Is said the possession OF the other
part owner was his possession. Carlisle 4 McPher-
son for appellants; appcilees not appearing.
30. o.. Smith Vs. TIE United States-- ADpeal
The New York herald., 1872-12-13
December, 10, 1872,
Aged ~.

Upon the covered portion or the casket were two
beautiful wreatbs, composed OF eameILas, tube
roses and spriGs OF jasmine testimonies OF arec
non rom the sorfowing associates Of the deceased
girl The remains were shrouded in snowy satin
and the t0ur ensemble indicated that no expense
had been spared upon the funeral by the mistress
OF the house in which Miss Foley resided at the
time when the assassin's bullet crushed out her
young life. The head OF the casket was open. and
save for few red spots, burned by pow
der upon the left cheek OF the corpse
and the wax-liKe pallor OF the features,
1t might have been readily supposed she
was peacefully sleeping The sister OF the
murdered girl, Lottie Smith, was present, in COM
pany with about thirty OF the fair but frail sister
hood to which the deceased belonged. All were
richly attired in deep mourning and evidently felt
honestly impressed with the soemnity OF the scene.
II was quite touching to witness the sympathy and
solicitude they all displayed towards Miss Smith,
whose grief was terrible to witness as she bent
over the remains, Historically s0bbing ..My sister,
OIL my poor sister.1 shortly after one O'Clock tho
Rev. John J. Brouner pastor OF the North BAPTIST
church IN Christopher street, arrived in order TO
perform the funeral service. Credit is due to this
gentleman for the Christian charity he evlnced
IN readily consentng to Oficiate, as several
refused to tender to the deceased the last rites or
the Church, on account OF the erratic course she
had pursued In life. Mr.. Brouner opened the SER
vices by reading q few passages from Holy writ
among them being the parable Of the wise ana
IoOish virgins In an elaborate and touching
prayer, that seemed pierce it's way 20 the inner.
most recesses or the stricken hearts or his hearers
nc asked the Almighty to send in mercy HIS truth
among those congregated in the room TO forgive
them their sins and take them to His fold. He
then In brief elegiac discourse, referred to the
past life OF the unfortunate girl then cold In death
before him, and urged, in kind and sympathetic
words, those present to remember well that the
wages OF sin is death, but that the Redcemer
liveth and He would forgive and take
to Ills bosom those who turned from evil
and lead lives OF purity. Throughout the services
there was not dry eye among those assembled.
many of the unhappy sisterhood becoming almost
hysterical when the divine spoke or home and
friends, OF childhood, and lessons inculcated In
youth forgotten In maturity. Prior TO the casket
being closed forever, each one OF the friends OF the
deceased kissed the clay cold lips OF their late sis
ter in sorrow, and turned to minister to Miss smith
that sweet sympathy which makes even the most
1allen woman appear angelic The casket was then
removed TO the hearse following which were
several carriages, and all that was mortal OF poor
maud Merrill'' was conveyed to Its last resting
place in Greenwood Cemetery.
The New York herald., 1872-12-13
NEW YUsK HERALD FRIDAY DECEMBER 49, 1s7zrRPLE SHEET


sentenced TO Imprisonment In the Penitentiary for
six months
George Adler pleaded guilty to an attempt 10
commit burglary in the third degree, and was sen
fenced to Imprisonment with hard labor In tho
State Prison for two years and six months. James
Mowen pleaded guilty to a like offence. The pris-
oDer, lad OF respectable appearance, said he was
urged TO the commission of the crime by bad ac-
qnaintances. Sentenced him to the state Prison
for two years.
William Mcclure ana Patrick Deoley. Jointly in
dicted for graud larceny, pleaded guilty TO an at
Tempt thereat and were each sentenced TO the
state Prison for two years and six months
Mary Jane Wiley, aged seventeen years. who
was indicted for grand larceny In stealing pair
or earrings and breastpn, pleaded guilty 60 an at
10 wear and returned them in week, and the
prosecutor admitted that they had neen returned.
The Court sentenced her To six m0nth6 nnprison-
ment In the Penitentiary
George Sanders, Indicted for robbery from the
person upon street car, was next arraigned. the
evidence Of the complainant who admitted that
he was drunk at the time, and the prisoner was
proved to have hitherto borne an unexceftion-
able character and 10 be strictly honest boy. The
jury acquitted the prisoner.
Several persons pleaded guilty TO indictments or
Durgary ROBBERY, &c, anu were severally sen
fenced BY the Court to various terms OF impiisen-
ment.
CLEARING OFF THE CRIMINAL CALENDAR.
At the conclusion OF yesterdays proceedings
In the Court Of Oyer and Terminer, Assistant Dis
trict Attorney Fellows announced that all the
homicide cases appointed for hearing in that Court
had been disposed OF except those OF Stokes,
Scannen and King, and there remained for the
Court OF General Sessions but one case OF h0ml-
cide-that or Sharkey.
The New York herald., 1872-12-13
INTERESTING BANKRUPTCY CASE.
An Attorneys Responsibility 20 His
Ciient-Important Decision by Judge


An Attorneys Responsibility 20 His
Clfent-Importnn Decision by Judge
WoedruG.
In the case OF Ferdinand Meyer, appellant, vs..
Moses Herman, as assignee In bankruptcy OF
Maurice Bendix and others, appellees. Judge
Woodruff yesterday rendered his decision. In this
case the plaintiff sought to establish o lien and
claim to the proceeds OF certain personal goods
upon which levy and execution upon Judgment in
his favor mad been made four days before the
petition in bankruptcy was filed against the de-
fendant in such Judgment. The claim was resisted
by the assignee In bankruptcy on the ground that
the plaintiff, when suit was brought, judg-
ment recovered, execution issued and
leves made on the goods had reason
able cause to believe that the defendants
were insolvent, and that the proceedings of the
plaintiff were intended and would operate to give
HIM an illegal preference and defeat the opera
tions OF the Bankruptcy law, which is intended to
equal distribution OF the property to the
creditors. The Judge goes on to say that he be-
lieved the debtors to be insolvent, because his
attorney knew 1t, he having gained the knowledge
while endeavoring to collect the debt. II the nf0r
nation OF the debtors insolvency so acquired Is no
impediment to securing preference there would
be little effective vitality In the provisions OF the
Bankrupt Courts to secure equality among credit
ors. The knowledge acquired by an agent IN the
conduct OF his employers business Is knowledge
OF his principal The Judgment Of the Court below
ia affirmed.
The New York herald., 1872-12-13
COURT OF COMMON plrAs-specIAl TERM.

Decisi0nss
BY Judge LarremOre.
Martin vs. Schlesinger.-Report Of sale con-
hrmed.
Catharine Ellis VI. Heinrich Ellis.---Dvorce
granted.
Miller vs. Post-M0ton denied.
ODonO0hue VS.. Jewett-ApplicatfOn granted
The Master StevedOres Association VI. Walsh
Same.
Brown vs.. Willard.-Decree Of foreclosure. Al
l0wance "a per cent.
Reed vs. Bouricr.-MOtion to open default
granted ON terms
Lehman vs.. second Avenue Railroad Company
Application granted.
Weed vs. Young.-Same.
Corviu VS.. Skinner.-Attachmen ordered.
by Judge Loew.
Bissinger vs.. Ufeld.-MOtion to vacate order Of
arrest denied. Bail reduced to $500 No costs to
either party.
The New York herald., 1872-12-13
BUSINESS IN THE OTHER COURTS.


Judge woodruff will take up the hearing OF ap-
psals IN admiralty ON the 2ad inst, in Chambers in
the United States Circuit Court.
Yesterday Bernard H. Smith and Charles Fl
Wright were committed by Commissioner Shields
10 await the action Of the Grand Jury on a charge
OF passing counterfeit fifty cent stamps In lager
beer saloons up town. When the prisoners were
arrested about i've hundred dollars worth OF coun
lterfeit money was found upon them.
In the United States Circuit Court, yesterday, the
hearing OF the case Of George Washington Bowen
We. Nelson Chase was resumed before Judge Ship
man and special jury. After some law points had
been argued and testimony given the trial was ad-
journed till this morning.
Judge Woodrun rendered q decision Yesterday in
the United States Circuit Court In the case Of
Hiram N. Northrup and Joseph S. Chick vs. Sheri-
dan Shook, exCollector ofInternal Revenue Of the
Thirty-second district. In this decision the Judge
holds that bankers and brokers who deal in Stocks
gold, bonds, bullion, &C., are liable to pay the tax
imposed under the act Of Congress- and that such
persons cannot be regarded as mere bankers lia-
BILE to pay only the ordinary banking license. This
decision settles sixty or seventy cases similar to
this enc, which was brought as q test suit.
Three years ago John Courtney, while assisting In
unloading cotton, had his leg broken He brought
suit for $4,000 damages against the owner Of
steamship line, through the carelessness Of whose
clerk the accident occurred The trial OF the case
was concluded yesterday before Judge Freedman.
OF the Superior Court, and resulted in vervict for
$500 damages.
The trial of Abram Nelson, charged with making
burglarious entry into the office OF Phelps, Dodge
4 Co., and stealing therefrom silk umbrella was
finished yesterday in the General Sessions. After
three hours deliberation the jury were discharged
being unable to agree verdict. Seven were in
favor Of verdict for burglary and five for petit
larceny.
The New York herald., 1872-12-13
COURT os eENeaAt SESSIONS.
Acquittals.

Acquittals.
Before Recorder Hackett.
Yesterday Charles Schmidt, tried upon charge
Of grand larceny was acquitted, the jury rendering
their verdict without leaving their box.
Terence Mcdonald was also tried and acquitted
of alleged larceny the District Attorney, after
hearing the testimony, having abandoned the
case.
Assa nit Upon q Wonnan-Ffve Years In
Sing Sing.
James Hanrahan was convicted OF an assault and
battery upon Mrs. Catherine Thompson on the lst
OF September, and was sent to the Penltentiary
for three months.
Grand Larceny.
William II. Fes was tried and found guilty Of
grand larceny. The complainant, Mandel Kemper,
who keeps tailors store at 50 New Chambers
street, testified that about six weeks ago
the prisoner and two other men came into
his !. store . and while he - was sell selling q
piece OF broadcloth worth $50 under his coat He
held Fells and handed him over TO two citizens
who took him to the station house. The evidence
was so clear that the jury rendered verdict Of
guilty without leaving their seats.
Fells, being an ex.convict, the Recorder imposed
Felonious Assa ssault-Scntcnce, Three
Years and Six Months.
Thomas Carr was convicted of an assault with
dangerous weapon with intent to do bodily harm.
Henry Rcnnie, on the Sd Of November, had dim.
Guilty with shipmate, and, while thus engaged,
Carr stabbed him In the back with a knife infict-
ing serious wound. The prisoner and the COM
plainant were fremep on the steamer Huntsville
The Court sentenced him to the state Prison for
three years and six months.
Rurglarfcs, Larcenies and senfcnccs.
Michael Sullivan pleaded guilty to an indict-
ment charging him with stealing $40 In money, on
the nth Of August, from Moses Christy. He was
sent to the State Prison for four years.
Jacob Walther, alias Ernest Hess, who, on the
7th or October burglariOusly entered the premises
OF John +. Busch, IL College place, and stole Ssl
worth OF jewelry, pleaded guilty to an attempt at
burglary in the third degree. Two years ana six
months In State Prison was the sentence.
Henry Ravitch, James Mcclure and William
OF paper on the 9th OF October, the property OF
Emmanuel BloOmngdale, were each sent to the
Pcnitcntiary for one year.
The New York herald., 1872-12-13

II is expressly proved that u constituted nAuch the
arious ii the very manner OF the transactions am
coaside Vi ne--and think just Interpretations OF
the statute does include them. IL follows from
these Views that the plaintiffs were during the
period doing business as brokers, aud were there.
fore taxable for these sales" The Judge also
and paving the regular bankers license and per-
centage fee mentioned In the act are not liable to
be taxed or assessed as brokers'
Judgment must be entered for the defendant,
with coats.
The New York herald., 1872-12-13
SUPREME cous1--cHAksEas.
DeeisiOMs.

BY Judge Barrett.
Meyer vs. Day ct aL-M0tion denied with 410
costs.
Kee vs. BarRest.-Motion granted with $40 costs.
Bishop vs. SaIgeant, Jr.-Motlon to vacate order
OF arrest denied with $40 costs.
Crawford VS.. Waters.-M0ton denied with $40
COSTS
Whitehead Vs. Kennedy ct al-Same.
Norris et al. VS.. Coles ct al.-Relerence ordered
to take proof OF the facts, &c.
Pitman VS.. Kenny ct al--Thc answer Of Mar
garet Kenny Is adjndged to be frivolous, with $40
costs.
Ia the matter or the petition or George Gallagher
ct al, infants, &c.-RepOrt confirmed and order
granted.
The New York herald., 1872-12-13
SUPERIOR CeUaT-TRlAI TERM-PApT !.
Damages for q Broken Leg.
Before Judge Freedman.

John Courtney vs.. Frederick Baker.-The de-
fendant Is proprietor Of the Merchants Steamship
Line, running between this city and New Orleans.
In 1869 the plaintiff was assisting In unloading cot
ton at pier No. II North River, and, as charged,
through the carelessness Of clerk OF the deiend-
ant cotton bale fell on his leg and broke IL. Suit
was brought Tor $4,000 damages. Simple as the
facts would appear to be, tt took three days %
through the evidence and addresses Of the lawyers
to the jury, 1t took the jury. however, but short
time to reach their conclusion, which was verdict
for q, 900 for the plaintiH.
The New York herald., 1872-12-13
THE NELSON PLACE MURDER.

FNhsrsi or the Victim OF Tuessla US
1ragedy-Pathetie Scenes ~ the ser-
vfces-"Mnud Mcrrfll' Hurled In Green
wood Metropolis. nN.
The funeral OF Mary Ann Foley. generally known
as Maud Merrill the unfor,unate girl who wss sros
and killed by her uncle, Robert T. Bleakley. at No.
10 Nelson place. ON Tuesday last took place yester
day from the once Of the undertakers. Messrs.
Senior & Benedict, Carmine street. Trc body Of
the deceased was enclosed in a very handsome
satin-lined black walnut casket, with silver mount
ings, and upon the plate was engraved the follow.
ing inscription
MARY ANN FOLEY.
Died
December, 10, 1877,
Aged ~.
The New York herald., 1872-12-13
Recorder Haekett's Charge to the Jury
Was II . Burglary Or Larceny The
Jury Could Not Determine
Disagree and are Discharged
The Accused Still Held.
INTERESTING BANKRUPTCY CASE.
AttoEneys' Responsibilities to Their Gil
ents-What They are Profession
ally Bound to Instruct Them
In-Important Decision.


Can Evidence Of the Death Of Person Be
Given on Cannon Report on Tradition9-
Ths Evidence Admitted Evidence
~ ta the Likeness Of Bowen,
tha Claimant, to Madame
JpmAl Inadmissihle-
The Case Still On.
The New York herald., 1872-12-13
BUSINESS IN THE OTHER COURTS.
COURT Vr OYER lyD IEpmIHga.
Plea. Convictions and scutcnces--Ciear-
ing GE the Criminal Calendar.

EtIOTt JUUTC IHgTHHalf.
Henry McCann ahas scotty pleaded guilty to a
charge OF grand larceny in stealing forty yards
OF carpet, valued at $780, In November last Pris-
oDer admitted the robbery, and said he sold the
carpet to junkman for 81. The Court sentenced
the prisoner to imprisonment with hard labor In
the Stale Prison for four years.
r. Allen pleaded guilty to charge OF petty lar
ceny in Stealing an overcoat, value SIS. and was
The New York herald., 1872-12-13
EUROPE.


V,HE COSMOPOLITAN, AMERICAN AND ENGLISH
i Drinking Bar, No. Rue scribe, Paris.-Americans
visiting Paris informed that the Cosmopolitan Is
famed for the best American and English drinks. Pro-
prictors, o. VALENTINE Co
The New York herald., 1872-12-13
FURSHTURE.

An IMMENSE STOCK Or EVERY DESCRIPTION
n OF fnrnitnre, Carpets and Bedding will be found
u. VI. COWPERTHWAlf &C. y, l55 Chatham street,
including very large OF Parlor and Chamber
Suits. Payments received weekly monthly Great
bargains for cash.
The New York herald., 1872-12-13

I CORPORATION NoTIcE--NOTIcE Is HEgE8y
~ given that the Committee on Public WORKS c tne
Board OF Aldermen will meet In 4 in the .y aii
Friday next. the 18Th inst, at o'clock r. NJ Tor hr
slcraton OF the project Of introducing SAT- water
into the city OF New York. far exngisll1s iirss ana
other purposes All persons interested IN ne snoec & are
DANIEL u. COSDNEk,
JAMES MctAKEN.
Committee OIL Public WORKS
The New York herald., 1872-12-13

A MAGNIFICENT DRAwING-ROOM SUIT, PuMPA-
aour I'VE. covered pfocaeis, Sost Ssoo 9r s.W one
Bron2es Chamber, Dining Furniture, Siyerware prop
Filth avenue.
The New York herald., 1872-12-13

RICH PARLOR SUIT COST 500, FOR S200; ONE
IA for $3.50; Rep Suits, 500: Bedroom suits $50; Car
pets 5c per yard Basement and Servants Furniture
less than half os In lots at residence l2O West Twenty
third street
The New York herald., 1872-12-13

MISS WELLINGTON, BUSINESS AND MEDICAL
4M tiaryoyant, tells OF business losses !nes absegt
.cnds has remedy for drunken uniatthiu husbands
wives, AMI gives lucky numbers Call at address
a. Twenty eighth street. near Fourth avenue.
The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1872-07-14

HOSPITALITY BY GENERAL ORDER.-The
Figaro relates: the following anecdote Of
the late Marshal Vaillant, when he was
War Minister. It appears that he regularly
invited the officer ON guard TO dinner, and
had the following ordeI In his own hand
writing posted up In the guard-room -
4" Art. /. The officer on guard 10 invited
to dine at tho table Of tho War Minister.
Art. 9. The officer on guard is received by
hands With him, pressnts him to the s.ars:
chale and tho guests. Art. 3: The Marshal
guara to conduct. him to the dining-rd
no natter what guests may be present, his
place on the left Of the Marshal is kept
Art, T.. Avoid offering wine to the marc
chale, who only drinks water. Art. S. On
leaving table and going into the s1aokIpg;
room .aocept the cigar which the MaTshal
always offers. Art 6. At the end Of half an
hour the Marshal always ashs the officer on
guard to play game Sf T H. e Which he ,o
RETURN 20 his poaE. He ought, therefore to
salute the Marshal and then retire."