davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-21
EDWARD S. STOKES.

Retirement of All His Original Counsel
From the Case-Who Are to Defend
Him at His Second Trial-The Line of
Defence.
The day having been fixed for the trial OF Edward
S. Stokes, charged with the killing Of James Fisk
Jr there is some inquiry to the counsel who are
to defend him. Henry Daily, Jr the last Of his old
counsel, has retired from his case. Mr.. Daily was
one of the lawyers retained by Mr.. Stokes imme-
dlately after the killing OF James Fisk, Jr., and, up
to the time or his retirement from the defence,
worked zealously for the acquittal of his client.
Mr.. Stokes seems to be unfortunate in losing his
Old and tried counsel 1t will be remembered that
at the outset Mr.. Stokes counsel were John
McKeon Mr.. Daily and Z. T. Gerry. Previous
to the first trial. for reasons which were then
stated, Mr.. Gerry withdrew from the case, and Mr..
ing subsequently, by the advice of the latter gen.
tlemen, Lyman Tremaln was retained to assist in
the defence. The first trial having closed, Mr..
McKeon withdrew from the defence, and Mr.. Daily
the withdrawal OF Mr.. Daily rom the case Mr..
Stokes has lost an able, careful and reliable ad-
wiser. II was through his industry and persever-
ance that the main evidence justiiyng the killing
lected and introduced on the former trial, and by
reason OF which q favorable result was obtained
for Stokes.
Mr.. Daily expresses great sympathy for Stokes,
and gives Ii as his opinion that if all the reliable
evidence In his favor is gotten out on the next
trial no Jury will convict him. His case, however,
is In good hands-Lyman Tremain and John ID.
Townsend. These gentlemen will exercise their
mony upon which the main reliance is now placed is
said to be that going to show that Colonel Fisk at
the time OF the fatal occurrence had pistol In his
hand and that the fatal shot was from this pistol.
The New York herald., 1872-11-21

Supplies for q Domestic Vessel-Decision
by Judge BlatchfOrd.

Supplies for q Domestic vesscl-Decision
by Judge Blatchford.
In the United States District Court Judge Blatch-
ford yesterday rendered decision In the case or
Henry N. Wicks vs. The Steamship Circassian, her
tackle &c. The libel was filed to recover against
the Circassian the sum Of 1896 for coal and wood
furnished to her in october, 1869, she being then
domestic vessel, owned In New York and bound
on voyage to Europe. The supplies were fur
nished by the firm of G. H. Bass & Co., who have
assigned their claim to the libeant. The debt was
contracted at the request OF the agent Of the
vessel The supplies were put on board of the
vessel and receipted for by the master. They were
proper supplies for her intended voyage, and the
evidence shows that credit was, in fact, given to
the vessel because OF the want OF pecuniary
spOnsibility Of the owner OF the vessel The libel
lants supposed at the time that the statute of New
York would give them lien which they could en-
according to the mode prescribed by that
statute. The libel alleges that the claim Is,
by the maritime law, a lien on the vessel,
and also that 1t at the time the supplies were
furnished, and now is a lien on the vessel by the
law OF the State Of New York. Alter the decision
in the case Of the General Smith "a Wheaton, 43S)
in 1919 1t was no longer open to question in the
Courts OF the United States that where necessares
furnished TO vessel In the port or State where
she belongs the general maritime law does not give
to the party furnishing them lien on the vessel
herself for his security. The libel Is dismissed, with
costs.
Messrs. W. W. Goodrich and W. r. Brebe for the
libelant, and Messrs. w. A. Butler and T. b. Still.
man for the claimant.
The New York herald., 1872-11-21
TIE BROADWAY WIDENING.

Tho Case In the United states Court
The Owner or Lcasehold Estate Look
ing After His Rights-Argumcnt Before
Judge Woodruff on Demurrer to Pleas
Decision Reserved.
The case OF Daniel Garrison vs. The Mayor,
Aldermen and Commonalty of the city Of New
York, came up yesterday before Judge Woodruff In
Chambers, In the United states Circuit Court, on
argument OF demurrer to pleas. The plain.
tir Is q citizen OF the State OF New
Jersey, and he brings an action in
this Court against the Corporation Of this
city, upon an award made to him by commission
ers appointed under an act OF the Legislature
passed May IL, 1862 entitled "An act to alter the
map or plan of the city OF New York and to carry
the alterations into effect" The declaration
alleges that the plaintin was the owner Of lease
hold estate on Broadway, at Its intersection with
Forty-seventh street and Seventh avenues that
nnder the act Of May H. 1869. the proceedings
authorized and required by it, and by the laws
therein referred to, were had, and that by the
REPORT OF THE COMMISSIONERS
appointed for the purpose, duly confirmed by
the Supreme Court OF the State OF New York on
the 2sth day of December, 1870, the sum Of $4,000
@as awarded to the plaintiff as damages for
.,, .n1 taxing o, portion Of his estate for the
therein referred to, these proceedings were final
ana conclusive upon the Corporation, ana vested
tne corporation In fee tne title to the premises
taken, and In the plaintiff the right to the paw.
Jnent OF the sum awarded within four calendar
montns aIter the date Of Its confirmation: that al.
tnougn more than four calendar months have
Elapsed the Corporation, although requested. has
negiected anu refused to pay the award; where
fore the plalntln brings this action and demands
Judgment for the sum OF sac, 900 and Interest The
hction was commenced July n, 1871, and the deca.
ration was nled August B. 1871. The defendant
pleads nrst the general issue, with conclusion to
The contrary, and on this plea issue s Joined The de-
lendant also pleads specially, under the usual leave
Ia the special plea the defendant alleges as bar
The New York herald., 1872-11-21
AMERICAN INSTITUTE FAIR.
Closing Day OF tho Great Exhibition at
the Rink.

Closing Day OF tho Great Exhibition at
the Rink.
Yesterday was the closing day Of the American
institute Fair at the Third Avenue Rink. The sea-
son had already been extended In obedience to the
wishes OF the exhibitors, but 1t was decided that
yesterday should decidedly be the termination.
The band was in attendance from one O'Clock and
footed away in an unmeaning manner for several
hours. In the meantime the visitors were gradually
increasing in number, but, considering the impor-
tance OF the occasion, their number was marve.
lously small Already the signs Of breaking
up were visible on all sldes and ex-
hibitors were beginning in quiet way
to pull their things to pieces, prepare.
tory TO packing them up entirely. The
machinery did not seem to have the same enthusl-
astlc roll as OF yore, and indeed many Of the
machines had stopped entirely In fact, the whole
place had look Of m0urnful instability about it
that contrasted strongly with the previous days Of
vious night and throughout yesterday the mana
gers had Deen in consultation to the prizes to be
OF Managers took their seats on the platform and
Mr. Ely advanced to the front and made the closing
managers Of the American Institute on the success
which had attended their efforts thus far, and eX-
pressed satisfaction at the character OF the articles
which had been exhibited this year to the public.
The American Institute had always been willing to
do Its utmost for American inventors and to help
they could not otherwise obtain. 1t was benefit
to both parties in the transaction and certainly
the exhibitors had no reason to complain when
they had found SO sure means OF sale for their
goods. He then spoke Of the prosperity which had
attended the enterprise, and said the only draw
back this year was the horse disease, which had
cut down the receipts fully $4,000 in period OF
two weeks. But fortunately, he said, the Instl-
tute was now above pecuniary want, and would
go on prosperng when he himself and all those
connected with It were long in their graves
Mr. Dodge then read the list OF prizes and medals
awarded to the exhibitors. About one hundred
and fifty gold medals were awarded to the exhibit
tors IN the various departments. In the evening
the number of visitors to the Fair was immense
probably the largest number of people the vast
building has yet seen at any one time. They poured
in by thousands, and crowded every part of the
passages and corridors. The Fair remained open
until ten O'Clock at night and then the people took
their last look at that which made up one OF the
most successful fairs ever held in this city. One by
one the lights went out and the building was
cleared OF its visitors.
To-day the work Of removal will begin but will
last no doubt for two weeks yet. The Rink will be
used again next year for the same purpose, it Is
now the property of the American Institute Asso-
ciatiOn
The New York herald., 1872-11-21
A SOLAR SCIENTIST.

DIR. Buechncr ON the SUNS system.
Last evening at Steinway Hall DR.. Ludwig BuecI4
ner the German philosopher, delivered the first OF
a series OF four lectures upon scientific SUBJ
jects. The lecturer took for his subject "The
sun and It's influence on Organic Lire.u The
speaker endeavored to show that the great
god Of day was the primogenic cause
OF life. without the genial influence OF the
rays which the sultry sun diYuscs all nature would
cease to exist, would have no being, and all things
would fade and die. While the sun shot down
upon earth his golden rays man could i've and
trees and nowers would bloom; II his lustre was
dimmed and his face hidden from sight the hours OF
night would come upon us unawares and darkness
and death would supply the place Of the golden
glow OF j0vial gladness.
The lecturer next proceeded to elucidate in 9
clear ana graphic manner the action or the sum- anq
the manner IN which II Influenced the earth. HIS
deductions were clearly drawn, and their substances
was to the effect tnat this mundane sphere Of ours
Is but subscrvent to the action OF the solar system
the speaker wound up his lecture with true rev. N
tonic crfspness, by referring to the fact tnse
mowers grown in darkness have no tint or essence,
and that in like manner human beings reared with.
out the light OF intellectually wilt and fade sns
perish from sheer inanitl0u.
The New York herald., 1872-11-21
LITERARY CHIT.CHAT.

The LONDON Spectator assumes that "De MOrgan'a
Pr0babilities' was by De Morgan Natural as thia
seems, a correspondent writes that Professor De
Morgan once informed him that his name was at.
tached to the work in mistake.
PosTHUMous WORK by the late Dean Afford,
consisting of a series OF Advent sermons, and en-
titled "Sons of God the Known and the Unknown"
will shortly be published by Holder Stoughton. 4
Dr. c. M. INGLEBY has in press volume entitled
"Shakespear's Prayse Sung by the Poets OF Gen.
turie," being complete Catena of early notices OF
Shakespeare and his works, with photographs
frontspiece reproducing the Hunt portrait.
DELEscLUzE the Communist, was once q writer
in the Debats!
M. DE LAvELEYE has published carefully written
work on "L'Instructon du Peuple," In two parts.
The first part is treatise on primary instruction,
the second is analysis and summary Of the legs-
lation on and position Of education in the different
countries of the world.
Mr.. JOHN MUIR is reprinting revised and en-,
larged edition of the fourth volume Of his "Sanscrt
Texts"
THE LATE Mr.. MAGUIRE was for many years pro-
prietor and editor of the Cork Examiner. He was
also the biographer OF Father Mathew, and his
work, "Rome and It's Rulers" ran through several
editions. The latest production of his pen was q
novel called "The Next Generation" AT the time
OF his death he was engaged on history OF the
Jesuits \,
ITALY HAS RECENTLY LOST two distinguished
authors-Signor Paoo Emiliani Giudici, who died
in England, where he well known. His chief
works were "History Of the Italian Theatre,n the
History Of the Italian Municipalities" and the
"History Of Italian Literature" The other, Signor
Felice Finz, died at Florence at the early age Of
twenty-five, having gained reputation by his lin
guistic studies. With Professor Mantegazza he
founded the Archivio di Etnologia di Antropolo-
gia, and was one of the promoters Of the Societa
Orientale, OF Italy.
DR. W. II. BLEEK and his cousin have had two
Bushmen staying In their house In Cape Town for
the last two years, In order to learn the Bushman
language from them dictionary Of it has been
begun and the grammar is gradually becoming
clear to the Doctor and his helper. They statel
that the mythology of the Bushmen is highly inter.
estinQ. VI
The New York herald., 1872-11-21
TAKING POISON.
Mysterious Case.

The Twenty-eighth precinct police yesterday in.
formed Coroner Herman that Jane Campbell, a
Scotch woman fifty years Of age, had died at 419
Canal street from the effects OF quantity OF Paris
green which it is alleged she had taken with sui
cidal intent.
An investigation showed that deceased, q very
respectable-appearing woman, called at the house
4l9 Canal street and asked permission Of the family
to remain till Monday morning, as in the meantime
she expected her husband to arrive from Buffalo
and accompany her to Boston. Mrs. Campbell was
as she aid not appear or bMfeakisst. M nauries dg,
were instituted which resulted in finding her quite
be In great mental anguish as well as suffering in
tense physical pain. The lady of the house kindly
offered to send for her physician, but Mrs. Camp
needed no medical aid. She. however, continued
to grow worse, and the family, becoming alarmed.
lessed to having taken Paris green, which she said
had been in her possession for two years. Mrs.
Campbell, being informed that she was about to
her to swallow the poison, but declined doing So
after intlmating that she was suffering from q
great burden Of woe, the nature OF which, she de-
clined to disclose Previous TO her DEATH which
occurred on Tuesday evening, Mrs. Campbell
confessed that she was unmarried, and said
II the pS Was Known she would no be %
to the house. Evidently the unfortunate woman
went to the house In Canal street with the full de-
leaving it again alive. Mrs. Campbell said she had
a brother living at or Buffalo, and that he
farmer. 1t Is stated that deceased was very poor,
and that recently she pawned some articles OF
clothing, under the name Of Mckenzie, to raise
money upon which to live. Doubtless, finding life
burden to her, she preferred to end her troubles
and her life at the same time. Her remains were
sent to the Morgue, where they will remain several
will be buried In pauper's grave. Coroner Kee-
nan has the case In charge, and, II possible, will
unravel the mystery at present surrounding Mrs.
CAmpbell's death.
The New York herald., 1872-11-21
COURT ckLeNDAas-THlS DAY.

SUPREME CoURT-GENERAL TERM-Hcld by Judges
1ngraham, Leonard and Brady.-Nos. 139, l40 i42,
143, 146 15 1874 155, 1877, 1885, 159 160 16I 1872 1863
1o4, 16e, 1877, 16s, leo, 10, III, 172, 173, 25
SUPREME CoURT-CIRCUlT-Part 2-Held by Judge
Barrett.-Nos 40, SAG, 66la, 5ss, go, l1S4s I19O
1246, 1850.
SuPREME CoURT-CHAMBERs-Held by Judge Fan.
cher-Nos 49, Al 64 65, SO, 81 70, IA, 70, II so, &c.
9l, o3 104, los, 109 125. Call 127.
SUPERIOR CoURT-TRIAL TERM-Part Held by
Judge Curtls,-Nos. 1897, 1871 7se, 1879, 1917 4s5
1872 1871 1922 5sl Ss7 1911 1871 1857, 1895. 3oa
Court OF COMMON PLEAs-TRIAL TERX-Part l.
Held by Judge Loew.-Case on. Part 2-Held by
Judge L8rremore.-Nos 1917, 1876, 1343, 1869, 7S
l7l6 7o4 1907, 1885, 1885, 1896, 1861 1862 i7o9 l74
1855, 1909
COURT OF COMMON PLEAs-EoUTy TERM-Held by
Judge Daly.-No IL
MARINE corRT-TRIAL TERM-Part Held by
Judge spauldng.-Nos. 1880, 1881, 1882, 1858, 14S4
1872 1900 I76 56p. $685. 6s e96, 7s6 1852, 10. Part
2-Held by Judge oachimsen-Adjourned until
November q,
The New York herald., 1872-11-21

she having died before ftS Issue. In eccOroance
and children. Lownsdaie subsequently conveyed
to one Stout hts interest in the block, ana one OF
ss te em stout and
question ts whether Stout took title by the
conveyance from Lownsdale Of the interest COZ, con-
veyed to L0wnsdale by his child, which was SUD
sequent to the conveyance to Stout; In other
words, whether the conveyance made TO STOUT Dy
title. The Court below gave Starr, as stouts
vendee, the interest held by Lownsdale when ms ms
was made ona ne - mere ERE cniId Mr.
heddick FOR appellant. Mr. Williams l0r appenees.
No. 300. Gray. Collector OF Internal Revenue, VS..
Darlington.-Err0r to the Circuit Court for the
Eastern District of fPennsylvania.-Ths is an action
TO recover i've per cent OF internal revenue ON
$4,000 sum realized by Darlington on an ad-
vance In value OF government bonds held by him.
Tho amount was paid under protest, Darlington
claiming that the advance in value OF the bonds
was an increase of capital and not income. The
Court below took the same view OF the case, and
the Judgment was against the Collector. IL is here
Revenue laws any gains or profits from any source
wnateyer are income and. that the tax was
tains tie same point taken below. and urges that
the advance In value OF the bonds not being
within any one year presents the strongest
last year preceding the tax. The law, It V SAID
contcmplates annual income and II Congress had
stocks Bonds or other personal properly Ii would
nave employed the proper language to embrace
them Q: a: Hin and g. II. Williams for govern
ment; defendant in error in person.
No. 270. United States vs.. Cook-Ccrti1cate OF
division from the Circuit Court for the Southern
District OF Ohio.-The defendant was indicted at
the October term, 1864, for the embezzlement OF
funds held by him as paymaster in the army, the
indictment charging acts OF embezzlement In May,
July, September and October 1852. The defendant
demurred to the counts SO charging, on the ground
that more than two years had elapsed since the
offences were committed. On the question whether
the prosecution was bound by the Statue OF Limi-
tatOn, and on the further question whether prop
erly construed the statute limits the time within
which an indictment must be found the Court
divided In opinion, and these questions were GER
titled here for answer.
The government contends that, although the In
dictment charges the commission OF the offences
on certain dates 1t is still competent to prove upon
the trial the commission OF the offences on other
dates not barred by the limitation Of the statute.
The question whether the statute contains imita
| tion Is submitted by the Department OF Justice
| without argument The defendant contends that
the statute limits the time tor prosecution to two
years after the offence Is committed, and that on
the trial Of an Indictment the proofs must be con
| fined to the dates charged In the Indictment z.
| Hill and G. H. Williams for the government; II. Il
| Hunter and Kebler & Williams for defendant.
The New York herald., 1872-11-21
COURT OF COMMON PlEAs-TRAL TERM.

Bursting OF = Clothes Wringer and Suit
for Damages.
Before Judge Larremore.
Mary Halloran was formely employed In the laun-
dry department OF the Prescott House. As In nearly
all our large hotels the washing 10 done by steam
While Mary was at work there the clothes ringer
OnTst, causing cSmpouna % @ fracture M OF ner tmgn
She brought suit against Mr.. Hexter, the pro-
prietor, claiming $4,000 damages. The line Of de-
fence was that the proprietor was in
no way responsible for the accident but
that the blame, II any, lay upon those
~ cou Ie dnV m ans as s
jury, after being out several hours, announced that
they could not agree and were accordingly dis
charged It was stated that they stood ten for the
plaintin and two for the defendant.
The New York herald., 1872-11-21
Order Of the Supreme Court, General
Term, Directing His Discharge from
Auburn PrisOn-He Is To Be
Brought to the TOmbs to
Await q New Trial.
BUSINESS IN THE OTHER COURTS.
Equity Calendar Of the United States Circuit
Court-A Clothes Wringer Explosion and
Suit for Damages-Murder Trial in
the General Sessions-Decisions.

Yesterday Julius E. Julian, of SIS Pea RI street,
was charged before Commissioner Osborn with
having forwarded an obscene and indecent publ
cation through the mail. He gave bail in the sum
of 81, 900 to appear for examination.
The case OF Edward Richards, who Is accused be-
fore Commissioner Osborn with the homicide Of q
Bail0r named Moss, on board OF the American ves-
sel F. II. Moore, OF Boston, was again postponed,
the witnesses for the prosecution not having ar
rived in the city.
The further hearing Of the case Of Edward Dycer,
who Is charged before Commissioner Shields with
having passed 500 counterfeit bill at house up
town, was adjourned till Monday next to enable
the defendant to put in additional testimony.
Judge Blatchford decided yesterday, in the case
OF Henry N. Wickes Vs. The Steamship Circassan,
which was libel to recover the sum OF $3,93s for
supplies furnished to the steamer that the libel
must be dismissed with costs.
Thomas Herman was yesterday committed by
Commissioner Shields, In default of $500 bail, to
await the action Of the Grand Jury on a charge OF
having done fraudulent acts OF bankruptcy
In the United states Circuit Court yesterday, be-
Iore Judg. Woodruff, the case OF Daniel Garrison
vs.. The Corporation OF the City OF New York, came
up for hearing on argument OF demurrer to pleas.
This Is the suit well known in connection with
what is called the Broadway widening scheme.
The arguments having concluded, Judge Wood
run took the papers and reserved his decision.
This cause is brought In the United States Court,
rs Mr.. Garrison, the plaintiff lives in New Jersey,
out OF the jurisdiction OF the State or New York.
Application was made yesterday before Judge
Fancher OF the supreme Court, by Mrs. Anna King,
wife OF james G. King the alleged murderer OF
Anthony ONc! Jr., for an order to show cause why
the custody of the children should not be awarded
TO her. The Judge was about signing the order
when Mr.. Kings counsel put in an appearance and
requested an adjournment till he could consult
with his client This request was granted and the
bearing In the case postponed till tomorrow.
Assistant District Attorney Sullivan stated yes
terday that the cases OF Scannell and King would be
brought before the new Grand Jury of the Court Of
Oyer and Terminer at the commencement of this
session, week from next Monday. He added that
they would be brought to trial early possible.
The Judges OF the Supreme Court General Term,
signed an order yesterday to bring Rosenzweig, the
alleged abortonist, from Auburn State Prison to
the Tombs, preparatory to his being tried second
time, pursuant to its decision OF the day previous
granting a new trial. An order was given to
6her0.
The New York herald., 1872-11-21
STRANGE STORY OF TWO YOUNG GIRLS.

Ella Brand, twelve years Of age, whose parents
reside at 27o Leonard street, Williamsburg, and
one Of her companions, Lena Howell thirteen
years OF age OF 13 Ainsle street, left their homes
on Monday evening last, and nothing was heard OF
them by their parents or friends until late on on
once In North Second street and conducted TO
their homes The girls say that two young men
met them near their residences on Monday even
ing and induced them to visit New YORK. Vn
reaching there they were taken into mouse py o
them. These they rejected and the young scamps
tied them together and detained them until the
following evening, when they were escorted 10 tne
Williamsburg side Of tue river anu iounu 10 S'a'cu
above,