davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
COURT OF APPEALS.

ALBANY, March 20, 1872
In the Court OF Appeals decisions handed down.
Judgment affirmed, with costs--Burns vs.. Cornes
Gordon vs. COrnes; Hacket VS.. Belden; Anderson
VS.. Dlaye; Reynolds VS.. The Commerce Fire In.
Duncan; Austin vs.. Strong; Leslie vs.. Wiley; Finch
VS.. Parker; Filler VS.. The New York Central Rail-
road COMPANY; PrOestler VS.. Kuhn.
Judgment reversed and new trial granted, costs
to abide event-peoplc, &C, vs. The President, &C.,
Company; Hays VS.. The Mayor, &C., of New
York; Hume vs. The Mayor, &C., OF New York;
Read VS.. The President, &C., OF the Delaware ana
OF New Orleans vs.. Matthew's; Bank Of New
Orleans vs.. Matthews; Filler vs.. The New York
Central Railroad Company; Grymes VS.. Hone;
Matthews vs.. Cole.
judgment reversed TO all the penalties included
In the Judgment except one, and affirmed as TO one
penalty and the excess Of fare paid with costs In the
Court below and Without costs to either party IN this
Court--Mlcks vs.. The New YORK Central aud hudson
River Railroad Company; Wilde VS.. The New York
Central AMI Hudson River Railroad Company; HOyt
VS.. The New York Central aud Hudson River Ran.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
ATTEMPTED MURDER,

shooting ARRAY In Lager Beer Saloon.
On Monday night disturbance % serious
nature and which came near ending in murder,
took place in Diger's lager beer saloon, el5 Third
avenue John Conway and Thomas Cooley, with
few others, entered the saloon about ten O'Clock
and called for drinks. Conway saw Michael Walsh,
OF 144 East FOrtietn street. IN the saloon and going
up to him he called him some hard name. Walsh
struck him when Cooley and Conway both ASSAULT ed
him. Walsh tried to get away ana succeeded
ball whizzing past his ear and through
the glass door into the street. The police were ill.,
stanty on the ground and Cooley and those with
him were arrested Yesterday they were arraigned
at The YOrkve Police Court, where Conway and
Cooley were held to anwer and the others were dis.
charged. Cooley was also committed on a charge
Of aband0n ment preferred by his wife.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
COy3T OF COMMON PlEAS-CIaCuIT-2AaT 2.
Shit Against the City far Damages.
Before Judge Van Brunt,

Shit Against the Cisy for Damages.
Before Judge Van Brunt.
James Costello Vs. The4dayor, &c--On the evening
Of March II, 1866. plaintiff and friend were pass
Ing through Attorney. street, on their way home,
when he fell into an unprotected excavation on the
sidewalk In front Of some new building In course
of erection, sustaining dslocation OF the should
er and other INJURIES claimed to be OF perma-
1t was claimed his behalf that the duty of the
city to keep the sidewalks In safe condition. The de.
fence was that the excavation was within the boun
DIARIES OF private property and did not encrOach on
the sidewalk; That II IL aid so encrOach the city
not liable because no notice had been given of its
existence either direct constructive and In either
case that the accident might have been avoided by
the exercise OF due care on the part OF the plaintiff
The case was given to the jury who, after being out
some tlme rendered verdict for the city.
The Burke Ga rdncr suit.
The hearing of this case, which was set down for
Yesterday, was adjourned till Monday next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27

fully invited to attend the funeral on Tbursdav ar
one O'CLOCK, rom his late residence i5a West Twen
RYeR.-sudderIv, on Tuesday morning March d
lsI? JENNIE A., wife OF John kyer In the 3St wear
The frlends OF the family are Respectfully Invita-
TO attend the funeral. this day "wednesday AZ onr
Brooklyn. The remains will be taken to Wyckoff
rnsssic county \. De, for inIerment Trains will
Passaic county papers please copy
RUssEI. suddenly, on Saturday morning, Marcn
81 sh ts as AS R%sss %
the funeral win take place from her late resi-.
dence, OF West washington place, on Thursday
next the 18th inst, ut two O'clock p. NJ. Reatycs
ana friends are Invited to attend without iurtnsr
SAIEMBrER.- lon Tuesday, March 20, T. AUGUSTA.
Wife Of Joseph saiemtier and daughter OIL the late
Notice OF funeral tomorrow
SAMMIs.-On sunday evening, March "a, EMMA.
eldest daughter Of the late David sammis IN the
Relatives and friends Of the family are respect
fully invited to attend the funeral, on Wednesday
from the residence Of her brOther-inaw, DIR. T. f.
Cornell. 81 south Oxford street, brooklyn.
March rs, FRANCHISE sCHENDLER aged go years.
Inc relatives and friends are invited to attend the
MAYER COS East s'g Iasfn sre o. eE
~, at twelve O'Clock M.
Michael shoals native Of Newtown Ward, parish
OF Ahamlish, county Sligo Ireland, In the 10Th year
OF her age.
The friends OF the family are respectfully invited
20 attend the iunera from her late residence No. 81
Baxter street, this "wednesday afternoon at half
past one O'Clock.
sMIrH.-on Tuesday. March 90, JAMES SMITH.
native OF the parish OF Tydayenett county Mona
CHAN, Ireland in The 55th year of his age.
The relatives and friends OF the family are respect
fully invited 10 attend the funeral from MS late resi-
dence. 246 stanton street, on Thursday afternoon,
at half.past one O'Clock.
SrLAINE-On Tuesday, March 20, 1872, OF bron-
chitis, ELIZABETH ADELiNE SPLAINE, youngest
daughter OF James A. and Elizabeth McSweenl
Splaine aged year, month and % days.
Funeral will take place on Thursday afternoon, a.
two O'Clock, from the corner OF Columbia and SACK
EFT Streets Brooklyn.
WATsoN.-At Rutnerfurd Park N. J., on Monday
March rs, JAMES f., youngest child OF Frederick A.
ana Jennie Y. Watson, aged years, month and "a
days.
Relatives and friends Of the family are invited to
attend the fUnera from the residence Of his pa
rents, on Wednesday, March 81, at half-pasr two
O'Clock =. M. lnterment In Episcopal Church Gene
terry, Bellevllle, N. j.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27

road Company; Wilde VS.. the New York Central and
hudson River Railroad Company.
Judgment modified by reducing the recovery to
% auu interest from January 8, 1885, payable In
god. and, as modified, affirmed with costs OF the
Cours below, payable IN currency, and with costs
W ener party In this Court, and proceedings re-
Judgment OF the Supreme Court and County
court reversed and new trial granted, costs TO
abide event-Stephens VS.. Santee.
judgment or the Supreme Court reversed and
rchearlng ordered before tue Surrogate-Doty vs..
Wilson.
Order OF Supreme Court granting new trial re-
vessea ana Judgment on the report OF the referee
County National Bank vs. Daniels.
Orders OF the Special and General Term reversed
and motion denied, without costs TO either party
In the Matter OF the Application OF Edward SchelI.
Trustee, &C., for an accounting, &C.
Court Of Appeals Calendar.
ALBANY, n. Y, March 20, 1872.
Following Is the Court or Appeals Calendar for
March 27:-N0s 7S6. 1873, DOL l59 1877, lis 2O7, 205
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
SUPREME couRT-TauL rEsM-3Aar 2.

Bankruptcy in England us Affecting In.
debtedness Here.
Before Judge Brady
Chambern ct al. vs. Lindsay ct a.-Tne plaintiffs
are partners in Manchester, England and the de-
PENDANTS partners In this city, with branch house
in Manchester. In August and September 1859, the
defendants accepted drafts for CT $50 5s l0d, made
by the plaintlfis. The suit was for payment Of
their answer that under the English bankruptcy
acts they went into bankruptcy with o conf
promise ana TO pay fifty per cent OF their IN
debtedness. 1t was claimed for the plaintiff
that bankruptcy discharge granted In England
does not affect American creditors. This was the
glst OF the case, though the lawyers managed to &C.
Cupy two days in learned discussions OF the compi-
cations OF the laws OF bankruptcy as between Eng
land and the United States verdict was given for
the plaintiffs for S14207 Is in gold, being the whole
amount claimed,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
CRIME ON THE EAST SIDE

Three Glen Outrn gins DefcnceIess Woman.
About twelve O'Clock on Sunday night four men
went into the premises OF Catharne MalOy, 447
First avenue, and beat her badly, three OF them
also outragng her person. Mrs. Maloy was taken
to Bellevue Hospital on account or the injuries re-
ceived. Yesterday one OF the men, named Peter
Wood, was arrested by Ohlcer Timothy j. Creeden
Police Court. certificate from the attending ply.
stefan showing that the woman was likely to die
was produced, and Woods was held TO await the
result OF her injuries.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27

early part OF that TO the musical compost
ton accompanying illustrating the song piaintn 10 not
shown 10 made any publication OF except BY obtain
entrstng 200 printed copies with weippert Co. for
sale above mentioned His rights under the
common law enforcibe this action those
he enjoys authorized by virtue OF the common law, he
has authorized publication of his work even If protected
by his copyright As to the song such publication by plain
TIL was not disputed on the argument, and
the only substantial question left for my decision
Is whether the circumstances under which the
and their sale OF such copies unqualified
publication and dedication to the public The point that the
obtaining copyright under laws dedication,
- urged ~ has been decided adversely by
the Transaction 10 London In leaving 0O copies with music
dealers TOR sale on his account subject only the resric
on on tner general authority that they should be sold
previous to September II, 1871, am Of opinion
uase Or 'GR Ss s dedication IA:
author or assignee BY Hunt for from and after that
ua M mat authority was never revoked and plain.
En ~ s.;n expecting an accounting BY Weppert
70 iS these 'ass o % csS.. 10 10 hem
music dealers OF London he did not knowledge
o. he contents OF his or Huns labor few under
TUG RESTRICTION OF private Intercourse (keene Wheaey.
ion ann a Law Report - or As mere DRAMATIC Tepresenta
90 bonccau Va Wood, l6 Am. Law Register $50; Palmer
VS. ne "i.a sweeney 5Sl but he authorized its unrs-
sricei puSlcati)n both to persons and purposes,
On and after September H. ISL The presented shows
exercise the right Of singing the song musical
position In question: ANY such public dedication authorizes
general use and under the views expressed II II unneces
say to discriminate as to the several defences
sderatons should be dissolved with $40 costs each OF
the Defendants who have separately and answered
1t Is understood that the plaintiff intends to ap.
peal against this decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
THE HORRIBLE DEATH IN TRENTON.

The unfortunate man, Bernard Mclaughlin, who
fell into boiling Wtrol at the wire mill on Monday,
and whose death resulted IN three hours, the skin
literally peellng on, was not made subject for a
corOners jury. Justice Mills viewed the body, and
occurred. He did not deem an inquest necessary,
and, with q request that the vat shall In future be
covered the horrible affair has passed into the list
0f accidanta
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
ANOTHER ASSAULT ON AN OFFICER,

There was little fight going on In Water street
yesterday afternoon, in which several excltabe
men were engaged and Onlcer Cornelius Leavy, of
the Seventh precinct attempted to arrest one of
the beigerents. AS he did this Mr.. Thomas
Mclaughlin Immediately intcrfered with Leavy and
Mrs. Thomas Mclaughlin belabored hlrl with a
big STICK. OGlcer Leavy made his appearance IN
Essex Market yesterday with mis- head bound up,
bringing with MIN Mclaughlin. his wife and three
small children. Judge Scout allowed the mother TO
90 on account OF the children. but he' Thomas TO
answer under S5vo pail
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
CousT Of COMMON PLEAs-TalAL TEAM-pAnr l.

Seeking Damages from City Railroad Com
pnny.
Before Judge j. F. DAILY.
Julia Quinlan VS.. Sixth Avenue Railroad Com.
pany.-The plaintiff, In 1858, got on to one of the
defendants cars at the corner Of Ffty-nnth street
to ride down town. When near Fifty-Jhlrd street
runaway Car ran into the car, and the plaintiff in
trying TO get away was, as she claims seriously In
jured. The defence was that the accident was one
that could not have been foreseen avoided, and
that all the conditions required Tor the safe transport
taiOn OF passengers were fulfilled. The strongest
point bena oil the plaintiff the contract OF the
company to carry passengers safely. Case still on
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27

Yesterday morning Assessor Gillen, with fifteen
revenue officers, visited the Fifth ward, where they
were joined by ninety aborers from the Navy Yard
ana nifty officers from the Second precinct station
house, under Captain Mcconnell. Sergeants Cain,
CLANCY and Craft. At the folio wing places they
destroyed lot OF mash tubs winch had been used
IN the manufacture OF Illicit whskey Corner
John ana Gold streets, six large tubs Dickens0n's
ALLEY, near York street, three; Harrls0ns alley.
four and one worm tub; As Little street, six; 1863
John street, eight; 25s John street, three; No.
Marshall street, nve. No whiskey was found, and
every thing passed of peaceaby.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
SUPREME CuUaT-TBlAL rEaH-pAa1L

Paying tho Penalty of IA Riclkety Pier.
Before Judge Barrett.
John Clancy Vs. George q. Byrae.-In 1865 the
driver of a truck belonging to the plaintiff having
discharged load on pier "a North River, was driv-
ing from the pier when one OF his horses fell through
the pier and was killed. Suit was brought for $500
damages A verdict was gwen for the full amount
claimed, ana thus ends suit which has been long
time III litigation and twice tried.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
MARRIAGES AND DEATHS.
Marriages..

Observation-Disclosures Wednesday, March
co. the residence or the BRIDES father IN Lexing.
ton, KY. by the Rev. Mr.. Birch, MIR. A. NJ ALExAN-
DER, OF Mississippi, to Miss VIRGINIA, daughter Of
Mr.. George w. Norton, Of the above place. No
cards.
DEMAREsT-RODwELL-O Thursday, March 81,
by the Rev. Mr.. Dennlson, OF Grace church, at the
MAREsr, OF New York. to DELLA A., youngest daugh-
ter OF Samuel Rodwell. ESQ., of Newark.
SHERwOoD-DAYTON.-On Thursday, March 81,
by Rev. w. W. Newell, ISAAC SHERWOOD, Jr,, to
IDENE, youngest daughter OF John Dayton.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
Beating a Non-socisty Man.

HSSHe'"6 u KNOu"SOCi6Vy
A number Of the morocco dressers at Kerrigan's
morocco factory, on Flushing avenue now on
strike for increase OF wages assaulted ana beat
William McGlllck, a non-society man, yesterday
morning. so badly that he had to be removed to the
hospital. The police were called upon by the pro-
priet0rs OF the place to disperse the strikers.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
BROOKLYN AFFAIRS.


some time yesterday morning the dry goods
store Of Edwin Mccartney az s57 Fulton street, was
burgariousy entered and over $4,000 worth OF
property removed,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
An Interesting Cnse to Cork Merchants.

An Interesting Case to Cork Merchants.
In the United States Circuit Court, now sitting in
Trenton, before Judges McKennon and Nixon, an In
teresting case to cork merchants Is being tried It
lasted most Ofyesterday and will be continued to-
day. 1t is claim Of 49, 800 against the government,
arising In the following way:-C. Mcknight Smith is
o collector at Perth Amboy. and insisted that cork,
imported by William King from Spain, was
manufactured article. The duty was paid.
$780, under protest, and the suit is to recover.
1t Is beng tried matter OF principle,
ana the decision Will affect other importatlOns OF
cork In the forests OF Spain the cork subjected
to certain process to fit 1t for packing, and the
edges also cut, the parings having to be taken
In equal proportions by the purchasers OF the larger
that the process in Spain Is u manufacturing one,
and renders the cork liable TO duty, while the cork
merchant, by counsel contends that the process Is
only which is necessary to enable tho dealers to
pack the cork for transportation and Shipment.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
UNITED STATES CIRCUIT COURT, TRENTON

Before Judges McKennon and Nixon.
In the matter OF the Nicolson Pavement Company
vs.. the City OF Elizabeth. much OF the decree as
related TO the production of the books OF defendants
was modified, and the accounts were referred to
NEW. T. MCGEE, as master. Gathering from CONVEX
satlOn between counsel as to this question Of irl-
frngement OF patent right by the city OF Elizabeth,
the end Is not yet. IL IS likely that application
Will be made for an injunction to prevent citizens
and others from driving over the pavements laid
with the Nic0lsOn pavement In consequence Of
the decision having gone against the city.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
SUPERIOR CouRT-SPECIA! Term.
Decisions.
BV Judge SednWiC'

BY Judge Sedgwick
Emmons, Jr, ct al. vs.. O'Brien Sherin-Order
granted.
Hunter va. Pickhart.-Defaut taken.
hackley VS. Harris.-The same
Walsh vs.. SHAREHOLDER granting motion for at-
taChm6nk
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
Capture Of an AIIcped Thief.

Roundsman Martin for burglariously entering the
liquor store Of Michael Mannion at the corner OF
INLAY ana William streets, South Brooklyn. Tbo
accused was caught Just after getting into the
place.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
SUPERIOR C0uhT-SPECiAl TERN.
Decisions.

BY Judge Sedgwick.
Hoinhars Va. Splnger.-Order granted.
Corey vs.. Hurd.-M otiOn granted.
Mead VS.. Mead. Same.
ROesner VS.. Harvey.-Same.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
COURT OF oYea AND TsRMIusa.

Another Batch Of Indictments.
Before Judge Cardozo.
This Court met to-day. The only business trans.
acted was receiving additional batch of indict.
uents from the Grand Jury.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
THE C0UR T S.


Condsmnatious- wilkinson-P omeroy Breach
Of Promise Case-Convictsd OF Smuggling-A
City Railroad Company in Court-Whsn
the Band Begins to Play-Injunction
dissolved Business In the Court
Of General Sessions
UNITED STATES DISTRICT CoOAI.
COndemnati0ns.
Before Judge Batchf0rd.
Eight gold watches, eleven gold chains ana o
quantity Of gold rings. pins and other articles Of
jewelry seized al the store Of Gustav Westpha, ~
Bowery, some time since as struggled goods from
the steamer Westphalia, were condemned IN the
united states District Court before Judge Batch.
I0rd, yesterday morning, no claimant appearing.
Tho Pomer0y (Brickl Breach Of Promise
Case.
Before Judge BlatchfOrd.
Wilkinson VS.. Pomeroy. was an action
brought BY plaintiff, Sadie c. wilkinson. against
defendant Brick Pomeroy for breach OF promise OF
marriage. for which $4,000 damages are claimed.
The facts in this case so far the allegations OF the
plaintiff and the points of defence were relied upon
have already been fully reported In the HERALD.
engagement OF Benjamin r. Butler, of Massachusetts,
VINO temporarily withdrew himself from the cares OF
iogSlatOh 10 appear ana plead the case OF the lalr
plaint1n. The case yesterday came up on q motion
submitted by plaintiffs counsel to strike out defend.
ants pleas as Impairment scandal0us and unjust,
and Calculated to do the plaintiff more
wrong than the original injury These pleas
were that the de endant never made promise OF
marriage or solicited plaintiff In marriage made
court to her with that view, and that she was un-
Chaste IN morals and OF ungOvernable temper.
These pleas, counsel commended, far as morals
and temper were concerned were not bars to the
action anu could only be taken into consideration
In mitigation OF damages.
MIR. Arnold followed for the defendant and ad.
dressed the Court III support OF the pleas, contend
ing FOR the truthtulness and legality OF the pleas
not IN position to contract legal marriage she
being, az the time when the alleged promise was
given, herself married woman and incapable of
forming marriage contract The Court took the
papers and reserved decision.
Convicted Of Smuggling Cignrs.
Before Judge Benedict.
John Talbot charged with smuggling cigars into
this port, was Yesterday found guilty by jury.
sentence deferred.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27

TOUGH -,
~ Academy of Music, Thursday evening" March %.
Cough.
"Peculiar People"
Mr. j. b. Cough will lecture, at the Academy OF Music i0
the benet of the Baptist Home for the Aged on Thursday
evening, March 2 at o'clock. Doors open a. 80. =.
Tickets, 80 cents, with reserved seats OIL for ''
scbirmer's, 70l Broadway, and at the Academy.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
POST OFFICE NOTICE.

most OFFICE NOTICE.
The Mails for Europe during the week ending SATURDAY,
rob IA 1870 win close this Office "Wednesday ~ lt6
A. NJ; on Thursday II A. NJ and on saturday at A. y.
A. ''' ' w. ~ +. II. JONES, Postmaster
The new Northwest. [volume] (Portland, Or.) 1871-1887, 1872-02-09

THE WONDERS OF a WATcH.-There
are very few of the many who carry
watches who ever think of the COM
plexity of its delicate mechanism, or of
the extraordinary and unceasing labor il
performs, and how astonishingly well it
bears up and does its duty under what
would be considered very shabby treat
ment i'm almost any other machinery.
There are many who think watch
ought to run and keep good time for
wears without even 4 drop Of oil, who
would not think of running a common
piece of machinery a day without Oiling,
the wheels of which do but fraction of
the service. We were fOrcibly struck
with this thought the other day, upon
hearing a person remark that, by way Of
gratifying his curiosity, he had made a
calculation OF the revolutions which the
wheels i'm watch make i'm n day and n
year. The result of this calculation is as
suggestive as il is interesting. For eX-
ample: the main wheel makes I revOlu-
tiOns i'm n hours, or ! ,460 i'm n year; the
second or center, 24 revolutions in "a
hours, or s, 760 in year; the third wheel, 4,
l92 IN "a hours, or 69,0S0 i'm Il year; the
fourth wheel (which carries the second
hand, ] 40 in 24 hours, or 525, 600 i'm a
year. the fifth, or scrape wheel, IL, 964 i'm
n hours, or 4,72S, 100 revolutions i'm a
year; while the beats or vibrations made
IN a hours are SsS, 500, or 14l, ,si2, 900 in
4 year.