davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-23
BROOKLYN COURTS.
SUPREME cOUAT-clacUlT.
SUPhtME CUUHT-CIKCUT.
A Judge Setting Aside n Jury's Verdict.
Raforo Jud0a Raruord

Judge Setting Aside n Jury's Verdict.
Before Judge Barnard
William Fallon sued the Cross-Town Railroad
Company to recover $4,000 damages lor shat
tered arm. He was riding In car, with one OF his
arms on the verge OF the window, when a car pro-
ceedmg in an opposite direction rubbed against
the one in which he was the tracks being near to-
gether. His arm was thrown out Of the window
by the shock OF the collision and badly injured
There was testimony, however, which showed that
Fallon's arm was outside the car, and that there
was no collision between the vehicles.
Counsel for the company moved for nonsuit,
but the Court allowed the case to 90 10 the jury
who rendered verdict in favor or plaintiff for
$4,000.
Judge Barnard granted motion to set aside the
verdict on the minutes, remarking that he should
have granted the motion for nOnsuit, but he de-
sired the case to go to the jury to satisfy all par
ties The jury having failed to see that the action
was the result OF Fallon's own negligence he could
then do nothing but set aside the verdict.
The New York herald., 1872-11-23
ceuhI OF COMMON pteAs-pAaI |.

Heavy Transaction I'm Spanish Wines
suit for ConvsrsioM or over $4,000 OF
the Juice Of the Grape.
Before Judge Locw and q Jury.
Henry A. Richards vs. Isaac b. wellington 4
Co.--The plaintiff In this action was the agent In
this city for the sale OF the wines of j. X. Rudolph,
OF Cadlz, Spain, The defendants are q
large wine firm, doing business at "A Broad
street. The plaintiff brought the pres
ent suit for the wrongful conversion OF
800 casks OF wines BY the defendants to the value
Of over $4,000. The trial has occupied two
weeks and large mass Of tas,xganpy was given.
The New York herald., 1872-11-23
THE RosENzwE1G CASE.

Dpinion OF tho Supreme Court, General
,Tcrm-Rcvicw Of tho Erroneous Rul-
unxs in the General sessisns-Why a
New Trial fs Granted.
EAtcr the trial. conviction and sentence for seven
bears to state Prison OF Rosenzweig, charged with
causing the death Of Alice Augusta Bowlsby
through an abortion, the general hope, no doubt,
WAS that no more would be heard OF him until at
least after the expiration OF his sentence, but that
be would be compelled to expiate the full sentence
Of the law meted out to him. This, 1t seems, was
hot to be. His counsel, Mr.. william +. Howe, with
hat legal astuteness characteristic Of the sharp
lawyer, detected weak and untenable points in
Ehe rulings OF the Court, and, upon objections to
these points. carried the case on appeal to the
Supreme Court, General Term. Before this Court
tudges Ingraham, Leonard and Larned on the
benCh-there was hearing few days ago, and at
khe conclusion OF the argument the Court at once
granted the application for o new trial. This de.
cision was oral. Since then the Court has EN-.
bodied an opinion, prepared by Judge Leonard,
che grounds upon which this new trial was granted
view Of tho n s Sn m $40
OPINION OF TIE COURT.
SeSsra 9S@ sss:Sn; q
oMiby resulting Ip9n of n
he second degree, and his 60 the state Prison
fssinIt fe defendant q the close ,oi the
testimony for the prosecution, when he was
hworn and testified ns Is rs . w, witness in his own
pgainst him, he authorized to do by OF the
Ecgislatnrc passed In 1869, chap 6S On his
nation by the District Attorney he testified that c did
pot know Nellie Willis, young woman present in Court
ha..ln n,s .ll,fe and that he bad % never procured
worn. on behalf Of the people, and testified
sounss t m 9%bec,ion % ana exception ny thS pra.onsrs
ner person about years before by the of instr
ments az time when she three and half months
eayaneed In pregnancy The admission Of this testimony
ERROR, uroS wxLL-RsrApIsHFp Authority.
Mhs NOT competent TO impcach tho prisoner as wit
kee nor any other witness by conTadicting him as to
Sc wah or collateral TO the subject matter
ssuo anu on Tia The prisoner indicted for pro-
oacing an abortion upon Nellie Willis nor he notified
pr prepared to meet that charge No person can be
7Srcd % c2me Into Court trial under indictment
~ sIeunc oucnce, prepared to defend explain
Rsnsr ansac'ons ha.s IS not connected with the
ocular case that Nellie Willis tcsiaed truly, but
per testimony might have been false. and, having
eecn Drought out unexpectedly, the prisoner could
pot be prepared for u, nor Gould nd be- espectcd
% tho instant TO vndicatc himself lie would ne Wholly
enabls 70 meet IL were tina nharae of Nee WINS NJ.
The New York herald., 1872-11-23

The plaintiff claimea thst hs had not ssld the
wines to the defcndants hut had put them TN their
warehouse on storage. Defendants claimed tnat
they had bought the wines, paid for them and
$4,000 OF notes Of the plaintfn they also paving
f0r storage, gauging and customs duties ana that
In fact, they he'd Overpaid plaintiff for the
wines. The Jury were instructed by Judge Loew
that II they found the goods had actually been sold
to the defendants this being an action for trover)
had not been sold then they must find for the plain
tin, allowing only such deductions from the value
OF the property as the defendants had paid on an
count OF charges on the same. The Jury disagreed.
For plaintiff, DoOlittle and Lyon; for defendants,
George w. Parsons.
The New York herald., 1872-11-23
THE CANAL STREET SUICIDE.


Captain Hcdden, OF the Twenty y-cighth prccnc..
yesterday called at the coroners' once, City Hall,
to explain the mystery which had surrounded the
case Of Sophia Mckenzie, the woman who commit
ted suicide at 40 Canal street, few days ago. BY
swallowing dose OF Paris green. Deceased, VINO
was poor woman, had been domestic Tor sew
era years past, and when unemployed made hcr
homo with some friends az 402 West Tnlrteth
street. At Intervals Miss Mckenzie had exhibited
symptoms OF temporary insanity, aud IL s believed
sh0 was deranQcd at the time or swallowing the
poison. As FAR ~ known she had NO relatives
living.
The New York herald., 1872-11-23
THE KINGS COUNTY INDUSTRIAL FAIR.

The Kings County Industrial Fair, which has just
closed, has not been q great success pecuniarlly,
hut the result is considered salts .actory by the
managers. They are OF the opinion that the irregu-
lartes OF the railroad travel In consequence Of the
horse disease were serious drawback The re-
cepts were $22, 500 and the expenses $2O000 lcav-
ing balance OF So 500 In hand. IL IL proposed now
to establish In BROOKLYN Mechanics Industrial
Institution.
The New York herald., 1872-11-23
BUSINESS In THE OTHER COURTS.


BY Judge Fancher. !, .-.
/, David Banks ct al VS.. Harriet Banks ct al.-Mo-
tion granted.
G. Vibbard ct al. va. st. Joseph and Denver Rail-
road C0mpany.--Motion denied.
Brooks vs.. White ct al.--MotIou to change place
Of trial denied, and motion for reference granted
and referee appointed.
by Judge Danforth.
Barth vs. A. McO. Stets0n ct al--Motion granted,
with costs.
The New York herald., 1872-11-23
ry guVe piulhtiH SSUV uamageS.
The O'Reillys' Dfftic ulty.
CITY CouRT-SPECIAL TERM.
Decisions.
yv Juf1Ua Naficnu

By Juuge NelsOU
Felix Gallagher vs. Justus Palmer.-It appearing
that neither at the time Of fling the notice OF lion
or afterward any money was due from the defen-
dant, the owner, to the contractor, Judgment for
the defendant
Lenton w. The Brooklyn, Bath and Coney Island
Railroad.-Same W.. Same.-The demurrers to the
complaints In each Of these actions overruled; |;
usual terms,
The New York herald., 1872-11-23
COURT or APPEALS CALENDAR.

The folowling is the Court OF Appeals day calen
dar for November 25:-Nos. 255, 397, 40, $40, 4Si
4S9 400, IA.
The New York herald., 1872-11-23
MARINE cuuar-speclAL TERM ANu CHAMBERS.
Decisions.

Before Justice Tracy.
T. II. Geraty ct al vs.. Martin Oakley.-Motion to
vacate order OF arrest granted.
Alexander Studwell ct al. VS.. Samuel W. Stevens
ct al.-MOtiOn denied
The New York herald., 1872-11-23
CITY COuhr-TnIAL TERM.
A Warning TO Owners Of Dogs.
Before Judge McCue.

Before Judge McCue.
Patrick McGoey sued William II. Cammeyer, pro-
prietor OF the Union Grounds to recover $1,000 for
injuries received by being bitten by two OF defend
ants dogs. Mccoy was passing the grounds one
morning on his way to work wnen the dogs, a big
black one and little yellow one. ran ont and bit
one OF his legs The animals were afterwards killed
Cammeyer said he offered to buy plaintif new
pair OF pants and pay the Doctors bill II the little
yellow dog was only spared, Mccoy was mex
erable and both dogs were killed. IL was further
claimed that McGoey was to call the matter square
II this were done.
The Jury gave plaintiff $500 damages.
The O'ReiIlys' DfGic ulty.
Before Judge Thompson.
One day last July there was little scene at the
OReillys' breakfast table, at No. SO Nassau street.
Joseph went security for Annie, his sister law,
for the rent Of the house, paid part OF it and
took it ont in board. Annie on this occasion
wanted some money from Joseph, who replied that
there was nothing due her, but. on the contrary,
receipts from him, when lie, as alleged, charged
that she had forged the receipts Mrs. O'Reilly
brought suit for $1,000 damages for SANDER and
the case was tried yesterday. The jury disagreed.
The New York herald., 1872-11-23
Aquatic Notes

At a recent meeting OF the Dauntless Boat CLUB,
OF Harlem, the following board OF officers was
elected for the ensuing year:-William d. Rivera,
President; George w. Lalor, Vice President; Ben
iamin ID. Stevens, Treasurer; J. II. Halsey Record
ing Secretary; II. w. Peckwell, Captain; j. z. Kill
dun, Corresponding Secretary. The members OF
the Dauntless Club will while away the tedious
hours OF the inactive season at their new club
rooms situated in Brevoort Hail. Fiftyfourth street
and Third avenue. ~
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31
LIVE STOCK NOTES.

TuE latest report of sales of stock
made by The Paris kontuckian, rates
best two year old medium mules at
800; ard second rates at S65 to $40;
broke mules, from four to five years
old, at $l3j to $40.
LAST week 107 ears of cattle and
5 of sheep were shipped from Paris,
Kentucky, South.
W. T. Evans sold, on Wednesday
last, to parties in Mercer CO., Ky,
rs head Of mules at SllOper head.
MEssERs. Brown Il Smith, of Chris
tianburg, Shelby County, Ky, ship
pep on Friday last, siNty-four cattle
to the eastern market, averaging
1926 pounds, costing ST cents per
pound.
The Shelby Sentinel says that Mr.
]. G. Price, sold to b. II. Dale, four
two year old mules at $3.50 pei
head, They are said by Mr., Z. to
be the finest in the country.
NTR J. D. WING, New York City,
has just purchased small herd OF
Brittany cattle, consisting of one bull
aud four COWS and heifers--a direct
importation via Bordeau, with theiI
descendants. These cattle are black
and white, and stand only from Il
to 43 inches high.
Mr.. JOSEPH H. RIEMAN, Dumbartor
Farm, Baltimore, has sold to Col
Turly of Tennessee, the Jersey bull
Sir Davy (Sl) and three heifers sal.
so the yearling colt out Of imported
Arabian mare Saieda by Gov. Bow
ellis Stnnewall jackson
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31
From tho London Telegraph.

From tho London Telegraph.
"You would play upon me-you
would seem to know my stops-yo
would sound me from my lowest
note to the top of nay compass
When Shakespeare put those words
into the mouth of Hamlet, did the
poet know that he was stating an
anatomical fact-that the auditory
apparatus of n man is an instrument
of most exquisite musical compeXi-
ty compared to which the finest harp
of Erardt seems bat a clumsy fail
ure? For somo time past it has been
known that the human ear contained
n series of minute bodies, called the
"rods of Corti,' from the name OF
their discoy0rcr; but DR.. Pritchard,
in a PAPER lately read before the
Royal Society, has cast new light
upon tho curious appendages, and
given lis fresh reasons to admire the
wonderful arrangements of life.
When sound is communicated by
air waves to the ear, first the auricle
catches it up and transmits it to the
drum, which passes it by harmoni-
ous vibration through the middle to
the internal portion of the organ
Here it is appreciated merely as Il
sound, its direction and volume be-
ing also recorded; but to distinguish
the note Of the sound, it is passed
into tie cochler, u spiral canal from
the axis of which proceeds n tiny
plate of bone; this in turn gives out
two membranes, and between these
lie the "rods OF Corti." Looked at
from above, they resemble double
row of piano forte hammers; but the
outer rods as they wind up the
spiral axis increase i'll length more
rapidly than the inner, whereas the
latter augment in number, so that
near the apex the outer rods are
twice us long as the inner, while to
$500 outer rods it is computed that
there are $500 inner ones. Under
this delicate and perfect sounding
board are clustered nerves and nerve
cells, which serve to bear the impres.
sion of any vibrating rod or rods to
the brain, and with so vast key
board it is plain that not nero semi
tones, but tenths and even tiftiotht
of tones, must be recognized by the
consummate recording apparatus
1t is upon the lamina spiratis, then
or tiny plate of bone before mention
ed, that tho sound is thrown in or
der to decide its note, and however
fine or faint, that sound discovers
some one of the perfectly attunet
rods which will leap into vibration
in concert with the impulse, an(
send melodic or harmonic Telegram
TO the sensorium.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31
Plain Talk to the Girls.

1t il fact which should be con
tinually brought before the eyes of
every girl in the land, that the fash
ionable method Of committing sui
eide by wearing corsets should be
frowned down, Say anything to
one about wearing these ribs Of
whalehones aud steel, and they will
say they improve the form. The
idea Don't you suppose, you little
fool, that your Maker knew what
He WAS about when He fashioned
you with his own hands? Or do you
think lie made woman first, and af-
terward made a French modiste, to
get her into decent shape? Perhaps
that was how it happened that wo-
mon are left as nature made them,
and fools are shaped by the dress
makers. But it would be only JUS
tice to allow the girls to grow up to
womanhood before they decide
whether they would be women or
fools, instead Of putting them into
corsets when they are tender chill
dren.
1t is absolute cruelty to put cor
sets on a little child. No child can
wear them more than two or three
hours at time, at first, but they are
made to wear them as long as they
can endure the tortures, and then
take them off and rest awhile, and
so on uutil they become hardened to
tue torture, and can delight the
dressmaker with slim waist to suit
her eye.
But the next question that arises
is, whether anything has been taken
from the body during the process Of
slimming the patient? Certainly
tho waist was smooth and a little
tapering before the corsets We're
applied, now, it is longer, and not
more than half the size at the bot
tom. If nothing has been taken
from the waist what have the cor
sets done with the organs that filed
that portion of tho body before the
corset strings were drawn? They
have been squeezed either above or
below the waist, and, as those places
were already occupied with organs
of their own, those squeezed from
The waist must have been forced in
to the space allowed for something
else to grow III. SO tho logical con
clusion is, the organs that nature
placed within the waist have been
forced to yacate the premises, and
crowd themselves within the space
allotted to other and equally impor-
tant organs. No wonder the girls
lose their rosy checks, when the cor
set strings are drawn so tightly that
the blood cannot circulate freely
enough to run III the checks, No
wonder that the lungs refuse to do
their work when they haven't half
room to work in. And no wonder
the organs rciuss to perform Their
Office, and girls grow old before their
time, suffering from female com.
plants brought on by wearing cor
sets and dispIacing the organs oI the
body.
We lament the fact that American
women have SO few children, yet the
mothers continue TO prevent children
from growing up competent to rear
children, by the abominablo use Of
corsets And fathers look on and
say nothing Talk about the fool
ishness Of Chinese women crnmping
their feet. What are the feet III
comparison with the lungs and heart.
Home and Hedih.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31

Homeopathy having become quite
a successful system Of medical prac-
tice, we have thought it might be iu-
terosting TO many of our readers to
note the following facts, which We
gather from a late authentic report !;
Seventy years ago, Hahnemann
planted the small but vigorous shoot,
and now behold its roots spreading
into all countries. 1t is Eaturali2ed
in Austria, Switzerland, PRUSSIA
France, Italy, Russia, Germany,
Spain, Brazil, America. In New
York alone upward Of 400 qualified
practitioners dispense it; i'll France,
about 800. In England, several hun
dred medical men openly practice
Homeopathically, and the number is
daily increasing, These medical
practitioners and their lay supporters
promulgate their principles through
quarterly and monthly journals.
There are six Homeopathic Medical
societies for scientific discussion;
four hospitals; seventy dispensaries
for the treatment of the poor-a
very large amount of public and
gratuitous works, when we consider
that it has to be carried on by about
three hundred practitioners, In the
United States of America they are
nearly 5000 Homeopathicphy
six colleges, alhospitals, and one
or more free dispensaries in each of
the large cities.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31
Lake Yellowstone.

The mood of the lake is ever
changing; the character of its shore
is ever varying. At Gne monet it is
placid and CLASSY rs II calm summers
sea; at the next, at breaks into dim
pies, aud laughs in the sun" Halt
an hour later, beneath a stormy sky,
its waters may be broken and lashed
into an angry and dangerous sea,
like the short, choppy waves which
rise i'll storms on Lake Erie and
Lake Michigan. Where we first saw
it, it had a glittoring beach of gray
and rock-crystal sand, but as we con
tinued around it, we found rocky
and muddy shores, gravel beaches -
on which several varieties of chalcc.
dony were proGu5ely scattered-and
hot springs in abundance. Near the
southeast end OF the lake is the high
est peak III the vicinity. 1t is steep
aud barren, and from the lake shore
appears to taper to u point, On the
sJuth side is II precipic4 nearly ! 600
feet high. Two of the party ascend
ed it. 1t took them all of one day
to make the trip and return. About
two, thirds of tho way up they were
obliged to leave their horses aud
continue the ascent on foot. The
altitude Of the mountain, as obtained
by observations with the barometer
and Thermometer, was II lG3 feet.
Much snow was found beforercaching
the summit. A fine view Of the sur
rounding country, and a good idea
of the shape of the lake obtained,
Immense steam jets were seen to the
south; but us our time was becom-
ing somewhat limited, we did not
remain to visit them. Several ba-
rometrical calculations were made,
and we determined the height Of the
lake to be $500 feot-Orcrlqud
Monthly
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31

What a miserable artisan | must
have proved, bnt for that just crti-
cisml bless the hand that sharp
encd the tool that attacked me with
out mercy But, of course, there
was a time when ! looked on my
great rival as my worst enemy. For
two or three years, | suppose, he
wasn't out of my thoughts day or
night. But the last time | sent to
the exhibition there Miss Har-
lem came to Il full stop. 1t was
evident that she hadapproachcd the
climax of her story, and that she
could not think upon it without
emotion. You triumphcd, |
guess" said Flora, after a moment
of waiting. Miss Harlem smiled.
" He sent for me-" she said; " he
had orders more than he could be-
gin to fill, and was satisfied that |
could do as well as he, and that
there was no one else in the country
who could, SO he proposed a bust
ness partnership, and | bought
this old place, always famous for its
birds"
When Miss Flora returned to
town on the 3 p. m. train, she was
rondering Mss Harlcm's final
words, spoken while the train was
moving off; "Ycs, the great mis-
take a woman makes is adopting
secondhand mcans-that's the rca-
son she arrives at sccond-ratc ends,
and she has herself to thank for it.
Don't you make that mistake. Good
by for "a hours"
10 be set right for a Lifetime
who wouldn't give five minutes? o
Miss Harlem, cannot you be per-
suaded to accept diocese ?-Cttro-
line Chcsboro, in Appictou'8.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31

THE Cincinnati EHp,irer has the
following mention of a gentleman well
known in Tennessee:
The Democratic National Commit
tee have appointed Mr.. a. d. Banks,
of Mississippi as their resident Secre-
tary in New York for this campaign.
Mr.. Banks was before the war the
editor of the Democrat at Petersburg,
Virginia, and afterward held the same
position upon the Enquirer. We do
not think better selection could have
been made. He has remarkable or
ganizing ability, and we know of no
man who has such an intimate
knowledge of the men Of influence,
both North and South. An Xpc-
rienced and sagacious politician, an
admirable writer, whose whole soul Is
embarked in the work, he will give to
the committee an activity aud energy
that it would not otherwise have pos
sessed. His appointment will bo par
ticularly acceptable to the South and
West, where he has been long known
and most highly appreciated.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31
IN tbc Death of William Writ.

r., fllowirg from Horace Grcclcy'S pen
.,,.n,nd as specimen Of his talent iol
+, was written by him at twonty-thre,
aadWe'
oRono not the mutIled drum,
N, not ihc martial trumpots mourpfu
j, him whose mighty voice in death is dumb
! in ihezrnith If his high rcnown,
ntbcg ave went down.
"Inyoke no caunon's breath
,r,I fine rcqriem o'cr his ashes poured
.o,y carhm to the hous, of death
4. ,,bing heart. by whom he was alored,
HcwJu not with the sword.
not let a0liction's tear
,be,olc tribute to his memory paid;
Nm Msuo monument 90 justly dear
,nl,ikchi in purity arraycd-
Never to fade,
II loved thee patriot Chief!
4 rlcl proud bcDath thy banner pure;
s,,.,Ihe breast Of woe tho heart of grief,
sbtb suffer on unmindful Of Il care
Proud TO endure
nBut vain the voice of wall,
g,lbce, for this dim vail Of sorrow fed
sabb,sno srcll whose magic shall not fail
ELt tha rInnm that ghrOulS thy narrow
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1872-08-31

A SToREKEErER for tho Northern
Pacific railroad, at the second cross
ing of the Cheyenne river, writes
that during a severe thunder storm
an immense cloud of grasshoppers
darkened the air aud settled down
over the place; they covered the
whole ground, and desirous of find
out the extent of the vegetation, he
took a carriage and drove out, find.
ing that they extended about three
miles each way from him, six miles
in all. Millions Of them, he writes,
were hurled with violence against
the house and killed, so that he
"whoeled away ten barrow loads OF
them" They left not green thing
visible after taking their supper
They remained about twenty-four
hours.