davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-07

vidcd in statute and constitution that
no person shall be brought 10 trial
for an infamous crime but upon the presentment
OF Grand Jury. We ask YOU now, upon this
solemn OCCASION where much Is said, so much
out OF doors, so much within-we ask you to lay
down rule for us that shall be the protection OF
the citizen hereafter and bring back the law 10 ITS
ancient condition. No Judge can do 1t as wen as
you sir, the oldest, most experienced OF our
Judges, whose form ls as familiar to US as any
form we have seen in our daily walks, who has
lived through the professional life OF most OF us,
from whose shield the arrows OF detraction have
rebounded into the faces OF those who threw them,
and whs, when you retire from this Bench. q PEE
riod too near for our wishes will retire with the
consciousness OF having done good In your day,
and crowned with the commentator OF Just and
honorable men.
Judge lngraham then took the papers in the
case.
Mr.. Peckham moved on the second indictment.
Counsel for the defendant were not ready TO go
on with IL, these papers not being IN Court
Mr.. Peckham next moved on the third indict-
ment, that removed from tine General Sessions.
This the defence were not prepared to 90 on with
either, and after considerable discussion as to the
time wasted, delays, &c., Judge Ingraham post
poned the matter until next Monday week, the
10th instant. The Court then adjourned until
Monday.
The New York herald., 1872-12-07
DOCKS, BULKHEADs AND PIERS

Motion for Injunction to Prevent the
Department OF Docks from Tearing
Down Property on the North River.
There has been fled in the Office Of the Clerk Of the
United States Circuit Court notice to the effect
that q motion VIII be made to the Court to-day for
an Injunction to restrain the Department OF Docks
from tearing down two sheds on the North River
Shore situate between pier "a and the HObOken
ferry. These sheds are owned or occupied by Cor
nelius StOhem, who carries on In them an oyster
and fish business. The Dock Department are max
ing some extensions and improvements at the pier
In question and upon the bulkheads. StOhem al
leges that the supports have been taken away
rom his Sheds and that the tearing down OF his
property Is not work necessary for the carrying
out Of the improvements, and he therefore prays
that the Dock Commissioners be restrained.
The New York herald., 1872-12-07
THE EATON HOMICIDE.
The COrOner's Inquest Yesterday--The
Case Against the PrisOners-Vhey Are
Comm tilted to the Tonabs.

The COrOner'5 Inquest teSfcrdny ny--The
Case Against the Prisoners-Vhey Are
Committed to the Tombs.
Coroner Young yesterday held an inquest in the
case oil Mr. Anthony Eaton, the lumber merchant
ate OF Hunters Point, who is alleged to have been
ataly assaulted and robbed, on the evening OF the
2lst ult., corner OF Madison avenue and Thirty
fourth street, by James Fitzpatrick and John Lynn,
as previously reported in the HERALD Mr. Ed
ward Pratt deposed that he had been acquainted
with deceased for thirty years, and saw him sew
eral times after he had been injured ana tried TO
talk with him, but lie could not speak lntelligibly,
and made no explanation as TO the manner IN
which he had received his injuries
\ James Durand, young man living at 15l East
Seyenty-third street, deposed that on The evening
| OF the 21st utimO, as lie was on the corner OIL
Thirty fourth street and Madison avenue, looking
| at o target company, he saw Mr.. Eaton lying on
the pavement ana near nm sood ahe prisoners,
the carpet-bag OF Mr.. Eaton; they carried the bag
away and were shortly afterwards arrested by
Oncer Connolly, OF the Twenty-ninth precinct, on
the complaint OF Mr. Durand, with the stolen bag
in their possession.
Onlcer Connolly testified TO arresting the men
who were committed by Justice cox in default Of
$4,000 bail on a charge OF highway robbery Mr..
Eaton having identified Fitzpatrick as The man
who struck him: Mr.. Eaton subsequently Identified
Lynn at Bellevue Hospital as another oi the men
who assaulted him.
having been identified by the deceased. lie SAID
he was an invited guest on the target excursion OF
the name OF Mr.. Mooney. Lynn said he knew
nothing of the circumstances attending Mr.. Eaton's
death; that he ala not assault or rob him. ana
never saw him.
Dr. Marsh testified that he ma lie post t-mortem
examination on the body OF Mr.. Eat ton and found
some OF the internal organs much diseased; there
was q fracture OF the skull, which caused death.
The case was then given to the jury, who found
''That Anthony Eaton came to his death by rae
ture OF the skull the result of violence received ut
the hands OF james Fitzpatrick on the 2ist day OF
November, 1872 In Thrty-fourth street, near Madi-
son ayenne; and, furthermore we ind John Lynn
TO be an accessory to the crime.n
Fitzpatrick Is only seventeen years OF age, was
born in Ulster county, this state and a laborer by
occupation. He pleaded not guilty. lie lives ut
535 West Twenty-sixth street
LINN is twenty-five years OF age, born In New
York, lives at 553 West twenty sixth street. and
porter 10y occupation. lie also pleaded not guilty.
The accused parties were committed to the
Tombs by Coroner Young to await the action OF tue
Grand Jury.
As to the assault on Mr.. Eaton, there seemed 10
be no evidence against the accused parties except
their Identification by deceased. Mr. William u.
Howe mas been engaged "a counsel ior the prison
The New York herald., 1872-12-07
TIE MISSOURI INVESTIGATION.

The Investigation into the cause OF the dist5tce
10 the steamship Missouri was continued yesterday
be ore Inspectors Mathews ana Brainerd There
was very little that IS new elicited.
Charles Conway, fireman OF the Missouri, stated
that the boilers and steam chimneys OF the vessel
were covered before leaving New York. The
engines were stopped several times during tho
voyage, on account Of foamiug in the boilers.
Mr. A. Il. outcrbrldge, passenger stated that
repairs were being made to the boilers the daI
before the vessel sailed; the engines were stopped
frequently on the voyage, the ship making very
slow time; there were good many things about
the vessel that looked like things were not right;
the boats were not hung right and capsized beforS
they reached the water.
Charles Sinclair, an oer, retod the story Of the
fire, but stated nothing that has not already beea
published.
The Investigation thereupon closed. The in
spectors will look over the testimony as soon az
possible, and render their decision to the Chief
Supervisor In Washington.
The New York herald., 1872-12-07
The ExtraditiOn Case of
Dennis NOOnan.
Another Postponement- British Con-
SUI Not Prepared with the Ne
cessary Evidence-Oase Ad-
journed to Tuesday Next.
BUSINESS IN THE OTHER COURTS.
Summaries-Conv nvictions and Sentences in the
General Sessions-Decisions.

Yesterday the case OF Denis Noonan, who is
Charged under the extradition treaty with Eng
land with having committed forgery at Charlevile,
county Cork, Ireland was up again for examine
ti0u before Commissioner Osborn. An adjourn
ment was taken till Tuesday next counsel for the
British government having announced that the
papers by which they seek to establish the accusa
tion against Noonan have not yet arrived.
When the case OF ex-senator william M Graham,
who is charged with having embezzled 500, 900
from the Waikiki National Bank, of which he had
been President, was called for hearing yesterday
before Commissioner Osborn, 1t was adjourned to
Monday next upon the request OF the Solicitor OF
the Treasury expressed to the Court in letter
from that offlcia.
A motion will be heard in the United States Cir
Cult Court to-day for an Injunction to restrain the
Dock Commissioners from pulling down two sheds
on the North River, between pier "a and the Hobo
ken ferry. The Commissioners are engaged in
making certain improvements in that locality, and
the owner OF the sheds says that for this purpose it
~ not necessary to pull down his property.
In the Court Of Oyer and Terminer yesterday,
before Judge Ingraham, the trial of the People
against William NJ. Tweed was proceeded with
and large part of the day occupied by Mr.. Field
In hia reply to the prosecution and in defence OF
the motion to Quash the indictment. and the
further hearing OF the case was postponed until
Monday, the 10th of December.
In the same court John Shea and Peter Donelly
were arralgned upon a charge OF burglary Of laces
and pleaded not guilty.
Thomas Carr was arraigned for assault and bat
terry with intent to kill one Henry by cutting
him with knife. Prisoner pleaded not guilty.
Thomas Brown was indicted TOR assaultug per-
son named Wyndham and taking from him his
watch. He pleaded not guilty.
John Evans, indicted for bgamy put in the same
plea, as also Frederick Fiski charged with assault
and battery with intent to kill Mary Spooler by
shooting at her with pistol, and Charles Fletcher,
Charged with the larceny OF pocketbook
John Thompson, charged with grand larceny in
stealing wig on the 4th of August pleaded not
guilty. Patrick Connolly arraigncd for assault and
battery with intent to XIII John Egan on the 2sth
November by cutting him with a knife, and
Augustine Sunnaberger for bigamy, both pleaded
not guilty.
The hearing OF all the above cases was fixed
for Monday next.
The New York herald., 1872-12-07
COURT or GENERAL SESSIONS,
Sentences.
Before Recorder Hackett.


Before Recorder Hackett.
Before the regular business OF the day was com-
menced the prisoners who were remanded for
sentence were arraigned.
Robert White and Joseph Hopkins, who pleaded
guilty to an attempt at grand larceny, were sent
to the State Prison for two years and six months,
the Recorder observing that these prisoners We're
Edward 4. Cox, who was convicted of larceny,
was sent to the state Prison 1or one year, His
daced % him to Impose ros the lowest sentence.
Felix Behrend pleaded guilty to an Indictment
charging MN Wsh st,eains on tne 2aa OF October
three silver ones, the aggregate value OF which
was 1927, the property OF solomon Bertel. The
months in the State Prison was the sentence.
MurdcrOus Assault Growing Out Of the
Summer "Strikc" of the Mechanics.
The first case presented for the action OF the
jury was an indictment for an assault with intent
to KILL James Chambers was charged with firing
loaded pistol at james Brownlee, on the 9th OF
June, with intent to kill him. It appeared from
the testimony that this occurrence grew out of the
"strike" OF the laborng men last Summer.
Brownee, a carpenter was working for Mr..
Billings, in East Forty-flrst street, near
First avenue, and while In the shop was
waited upon by Chambers and another man, when
some conversation ensued relative to the compen-
Sation which BrOwnlee was receiving for blinds;
the prisoner drew his revolver and was prevented
from firing it by his companion; the tools OF the
complainant were thrown out Of the window, and
he was compelled to go into the street. when CHAM
bers renewed the assault and placed pistol at his
face, remarking, .That is the way we treat such
sort as you.n One of the barrels was discharged,
the contents Of which lodged IN Br0wnlee's cheek
knocking out two OF his teeth.
The prisoner was sworn in his own behalf and
said that while lie was striving to induce BrOwnee
to join the strike he (Brownlee) struck him with
saw, and that he used the revolver to protect him
self.
The Jury rendered a verdict OF guilty OF an
assault with intent to kill, coupled with recon-
mendatiOn to mercy. His Honor, IN passing SEN
tence, said that while the assault was unwarranted
and the action OF the strikers riotous he would
respect the recommendation OF the jury and send
Chambers to the State Prison for seven instead Of
ten years.
Acquittals.
Daniel Matthews tried and acquitted upon
an indictment charging him with carrying a slung-
shot on the Sd OF October, with intent to use it.
John Kenny, who was Jointly indicted with Michael
Dwyer and Joseph Daniels, charged with being
implicated in rObbing Dennis Barry on the 30th OF
September of $2s worth OF clothing, was also ac-
quilted. The other prisoners were disposed OF last
month.
Abraham Uhrfelder was found not guilty or re-
ceiving gold and silver watches from Felix Behrend
on the 23d OF October, with guilty knowledge that
they were stolen from Solomon Bcrtel.
The New York herald., 1872-12-07
NAVIGATOR OF The HUDSON

KINGSTON, N. v, Dec. o, 1872.
The water mas been all drawn from the Delaware
and Hudson Canal and the last OF the loaded boats
have reached this place. Light tows still leave
here for New York. but Albany towing has Jeen
discontinued. There Is no ice to interfere with
navigation reported in the Upper HUDSON and the
senger boafs to run. with little detention for scve-
raj days. Freghts on New York steamers are very
heavy and they VIII run as long as they can force o
way through the Ice,
The New York herald., 1872-12-07

with leave to defendant to amend answer on pay
ment OF costs.
Mason vs. Myers-Motion granted without
costs.
Francini Dodge vs. Charles Z. Dodge.-Divorce
granted.
Gottschak VS.. Gottschalk. k.-Reference ordered.
Glvernemann vs. Givernemann.-Afhdavit or
service Is defective.
Peet vs.. wiide.-Demurrer sustained with leave
10 amend costs to abide event.
Delayan vs. Quin.-Application denied; 1t must
be made on notice.
Crowley VS.. Bishop.-Motion granted.
The New York herald., 1872-12-07
CITY GOVERNMENT,
OFFICTAL.l
Board OF Assistant AlaermeD.
STATED SESSION.

SESSION.
THURSDAY, Dec. z ITk
Precnt-Os T. Hall Esq, President, in the char, AMI
quorum OF members
That crosswalk be laid from the south side No.
North River to the east side OF West street opposite
That the sidewalks both sides OF Ihirt street.
fl )m Tenth to Eleventh avenue, be aasged.
To pay bill Of j. c. O'Bricn Co for stationery &C.,
furnished Board OF Assistant Aldermen.
That the Comptroller be directed 10 draw his warrant
in favor OF the trustees OF the Church ot ST. BOnce
the sum ot xlbi 81 to pay assessments levied tho
church.
REPORT
That the Comptroller be directed W nay Martin u.
Brown $7365 81 Tor printing ior tho Board Assistant
Aldermen.
p NJ. MICHAEL j, KELLY. Clerk
The New York herald., 1872-12-07
Decisions.

BY Judge Leonard.
Rockford, r. !. ana :. X. X. vs. Henry III. Boody.-
The afidavit proves that there was no refusal 70
make proper certificate only such certificate
as was delivered to the Sheriff.
9: b. Smith ct al, vs.. W. Britton-Motion denied
without costs.
The Orange and Alexandra Railroad Company
vs. kiersted ct a.-Time to make a ease may be
had on defendants giving security for q stay on
appeal-twenty days time.
Waylorn vs. Sarah L. Lsh ct al.-MotOn denied
without costs.
Henry Plumigran VS.. Joseph O. Malley. -Receiyer
ship continued; $40 costs to abide event.
The New York herald., 1872-12-07
THE MIPFLlN ACCIDENT.
The Particulars OF the Diaastcr on The
PcnnsyIy Iyania Railr0ad--A Member or
Congress Eject Supposed 10 Have Been
One of the * Elled.
PuILApEaPHIA, Dec. G, 1872.


Congress Eject Supposed 10 Have Been
One of the * illed.
PHILADELPHIA, Dec G, 1872.
Dispatches from Harrisburg state that Mr. w. W..
Dantz, who with his wife and chd, was killed by
the railroad disaster near Mi,lin, is supposed to
have been a recently elected member OF Congress-
The first section OF the Cincinnati express train
was half an hour behind timc ana the second sec.
ton which ran into the Drst one ought to have
been one hour behind IL.
The engine OF the first Cincinnati express train
going East was making steam badly, and when
about mile east OF Mnn the rear car OF the
FIRST train was run into by the second section
knocking the rear car on the bumper and half
way through the car Immediately ia front, killing
the persons air eady named.
IL Is supposed that they were killed instantly, as
their bodies were c0id when extricated from the
ruins. 1t IL rumored that there s another body In
the debris, but this needs confirmation. The i've
persons injured all continued their Journey Ia the
same train. aud their names are unknoWn.
The New York herald., 1872-12-07
THE STORY OF STOKES"

lns Trial to Take Place on Monday-Josis Mans.
field Disclaimed by Stokes-she Is Studying for
the French Stage in Paris and Will Not Ap-
pear a. Witness for stokes-His Story Of
the Shooting Of Fisk-'I Did Not Wantto
See Him Die"-"If Am Guilty Let the
Law Be vindicated; II Not, Let NE
Be Released Efforts for
Trial Baffied for Months-He De-
clares that He Never Resided in
Josie Mans6eld's House and
that He Is Held to Prevent
His Giving Testimony in
the Great Erie Suits
The New York herald., 1872-12-07
DOCKS, BULKHEADS AND PIERS.

Motion Cor an Injunction Against the Dock
COmmissioners-Th Case OF Property
Owners on the North River
They Demur to Having Their
Property Thrown Down.
The New York herald., 1872-12-07
COURT OF APPEALS CALENDAR.

ALBANY, Dec. O. 1872.
The following is the Court OF Appeals Day Calen-
dar for December 9:-Hos 3s5, 400, 4gl S5S, 500,
$40 S1l, S12.
The New York herald., 1872-12-07
MARINE C0URT-SPeClAL TERM.
Decisions.

BY Judge Tracy
Collins vs.. Meyers.-Moton to open default
granted.
Geraty vs.. Oakley.-Motion denied.
Waddy Vs. Schanck ct al.-Motlon granted for
third Monday.
Mcnamara vs. SpeIIIscy.-Order settled.
The New York herald., 1872-12-07
TIE Waikiki BANK DErALCATION.

The President Of the Bank, Ex-senator VIM.
N. Graham, Again In CouFt...Letter from
the Solicitor Of the Treasury and Tele-
gram from the Bank Exanlin.
ers-.-The Examination To Be
Opened on Monday Next
The New York herald., 1872-12-07
THE COURTS.
THE TWEED INDICTMENT

Another Field Day of Legal Argument
The Motion to Quash Still in Order
The Court Takes the Papers and Ad-
iourns the Case Till the 10Th Inst.
The New York herald., 1872-12-07
BUSINESS IN THE OTHER CouRgs
COURT OF COMMON pleAs-spEciAL T:Rn.
Decision

Decisions.
By Judge Larremore.
Kelly VS.. Bradley. application granted.
Schooner ys. Sicher.-Judgment ior plaintiff,
The New York herald., 1872-12-07

LNoR sALE-A BOUND FILE or THE NEW YORK
Herald from 1850 TO 1874 the mcs eycntu peried oe
the century. Address W A. TOWNSEND u. boz e.lV5 Now
York Posi- ONCE.
The New York herald., 1872-12-07
SUPREME CuUaI--cHAmsens.

}. Bishop. Motion granted.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-29

GlXTH DISTRICT COURT FOR THE PARISH OF
- Orleans, No. l300.-By virtue of a writ OF men
facias to directed by the honorable the Sixth
District Court for the parish of Orleans, III the
above entitled cause, will proceed to sell a. pub
lie auction at the Merchants and AuctiOneers Ex-
change, Royal street, between Canal and Custom
house streets in the Second District of this city
SATURDAY, March 10, 1872, at II O'Clock NJ, tie
following described property, to-wit-
l. A LOT OF GROUND, in square number six
hundred and sixty-three, bounded by Common,
D'Heme, Lopez and Rendon streets, triangle.
2 ANOTHER LOT OF GROUND, in square mum
Der one hundred and fifty nine, bounded by Union.
Dauphine. Frenchman and Royal streets, measur-
ing ninety five feet front on Frenchman street, by
one hundred and seven feet i'll depth.
g. ANOTHER LOT OF GROUND, in square num-
Der three hundred and seventy eight, bounded by
st. Anthony, Columbus, Rampant and st. Claude
streets, measuring twenty eight feet front on
Rampant street, by one hundred and twenty seven
feet in depth
4. ANOTHER LOT OF GROUND, in square num-
telle, Union Genois and l. beral streets measuring
III nety six feet flOnt on Bagatele stteet, by one
hundred and twenty-seveu feet in depth.
s. ANOTHER LOT OF GROUND, in square mum
Der eleven, bounded by Mandev vile, Spain, Decatur
and Charities streets
g. ANOTHER LOT OF GROUND, in square mum.
Der fourteen hundred and ten, bounded by Mathilda
Emily, Magistrate and Law streets, all square.
=. AND ANOTHER LOT OF GROUND, in square
number fourteen hundred and sixtv-four. bounded
by Convent, Emily and Law streets and Fiolids
walk. all square.
Seized in the above suit.
Terms-Cash on the spot.
r,b1G Sbor;F N. Dc rich &c n.Io,,.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-29
No. q
AN ACT


To amend an re-enact article three thousand
one hundred and sixty-tive of the Revised
Civil Code.
SECTION l. Be it enacted by the Senate
and House Of Representatives of the State
Of Louisiana in General Assembly con.
vened That article three thousand one hun
dred and sixty-five of the Revised Civil
Code be amended and re-enacted so as to
read as follows: The creditor can not, in case
of failure of payment. dispose of the pledge,
but when there have been pledges of stock
bonds or other property for the payment of
any debt or obligation, it shall be necessary,
before such stocks, bonds or other property
SO pledged shall be sold for the payment of
the debts for which such pledge was made,
that the holder of such pledge be compelled
to obtain a Judgment in the ordinary course
of law, and the same fOrmalities in all re-
spects shall be observed in the sale of prop
erty so pledged as in ordinary cases; but in
all pledges Of movable property or rights,
or credits stocks, bonds or other movable
property, it shall be lawful for the pledger
to authorize the sale or other disposition of
the property pledged in such manner as
may be agreed upon by the parties without
the Intervention of courts of justice; pro-
vided that all existing pledges shall remain
in force and be subject to the provisions of
this act.
(Signed) o. Fl. BREWSTER.
Speaker Of the House of Representatives.
tSisned) P. b. S. PINCHBACK,
Lieutenant Governor and President of the
Senate.
Approved February %. 1872
(Signedl II. G. WARMOTH,
Governor OF the State Of louisiana
A true copy:
+. J. HEBRON.
Secretary OF State.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-29

fronting on the line of the Mississippi river,
commencing on the lower line Of St. Anne
street, and running upward to the extent OF
one hundred and seventy feet. as aforesaid,
and extending back, in straight lines, to
Levee or Peters street, to serve ex-
clusively as ferry landing andedepot tor
passengers and freight; also to set aside a
space Of one hundred and twenty-five feet,
fronting on the Mississippi river, COM
street, and running down along the margin
of the river a distance of one hundred and
twenty-five feet, as aforesaid, to be used
exclusively as landing for said steam
ferries, with the exclusive privilege OF re-
ceiving and delivering at the same any
freight carried or to be carried on MOrgan's
Louisiana and Texas Railroad.
SEC g. Be it further enacted, That the
privileges, rights and franchises conferred
by this act, shall continue until forfeited by
abandonment or breach of the conditions
and obligation upon which they are confer
red. to be ascertained and determined in due
course of law.
SEC. 7. Be it further enacted, That the
fourteenth section of the act entitled can
act to incorporate the Pontchartrain Rail
road Company be and the same is hereby
repealed.
Sec. 8. BE it further enacted, That this
act shall have full force and effect from and
after its passage, and as soon as the same
shall have been accepted by the sharehold-
ers of the Pontchartrain Railroad Company
holding majority in the number of shares
of said company said shareholders to be
convened after ten days notice in the news
papers of the city of New Orleans.
(Signsd) o. II. BREWSTER,
Speaker of the House of Representatives.
(Signedl p. B. S. PINCHBACK,
Lieutenant Governor and President Of the
Senate.
Approved February "a, 1872.
(Signed) H. c. WARMOTH,
Governor of the State OF Louisiana.
A true copy:
f.. j. HEBRON,
Secretary of State