davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-20
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.
Suit I'm TrOvcr to Recover tho Value of a
Large Quantity OF Wheat.

Suit I'm TrOvcr to Recover tho Value of a
Large Quantity OF Wheat.
Before Judge Shipman and Jury.
Yesterday, in the United States Circuit Court,
Judge Shipman and jury were engaged In the
trial OF the case Of the Wisconsin Marine Fire In.
surance Company VS.. David Dows and others. 1t
was an action OF trOver to recover the value of
20 1s5 bushels OF wheat which, 1t is alleged, the de-
lendants wr0ngfully converted to their own use.
The wheat was purchased in Milwaukee in 1862
and the plaintiiis claim that they acquired title to
the property by having discounted the drafts with
which the purchase OF the wheat was made. The
defendants plead the general ISSUE The case is
still ON. and will probably occupy the attention OF
the Court Tor two or three days.
Excessive Duties-Payments Under Pro-
test.
Before Judge Shipman, forma, yerdicts were rem
dercd in the following cases:-
Charles MOrlot and others vs. ex-Collector Hiram
Barncy.-An action TO recover for excise duties
paid under protest Verdict for plaintfS for
$257 n, charges and commission.
Hercules f. Gillian and others vs.. ex-Collector
Augustus Schell.-Same cause OF action. Verdict
for plaintiffs for 50, ,537 9S.
Charles A. Habricht and others VS.. ex-CollectOr
Schell.-Same cause OF action. Verdict for plaint-
IFS for $3.50 90.
Louis Curtis and others vs.. ex-Collector Schell-
Same cause OF action. Verdict for plaintiffs for
$3,459 SO.
The New York herald., 1872-11-20

for about twenty feet, and chen perpendicular 70
the upper floors, and are protected by the plaster
ing OF the partitions leading to defendants prem
lses There Is also small stop cock at the base In
the basement, by which the water to Ams0n Go. %
place can be controlled. In the night OF the 23d De-
cemDer, 1871, the weather mOderating after sharp
ir0st which had frozen the water In the pipe sup
plying the latter, such pipe burst, as is supposed
from the expansion OF the frozen mass, and the
water ran down the staircase partition on to the
moor OF the first story and thence through the cell
ing ana wet and damaged Collins Co.'s goods in
une basement to the extent OF $3.50 and upwards
Inc Dreak In the pipe Is about two feet below the
second moor and outside OF the premises described
IN deiendants' lease Suit was brought before Judge
yoachlmsen to recover the amount Of the alleged
damages the following Is
JUDGE JOACHIMSES'S DECISIoN:-
upon this sta of facts cannot conceive how any neg
sence can be imputed to the defendants. The plaintiffs
that DEFENDANTS during the cold weather should
mavo prevented the water which before without negi
from ireezing or remaining frozen. The elements and
~. ie ucehdants caused the freezing and whatever
gnt De argued, had the break occurred defendants
premises It cannot be held that they answerable
me premises over which they had control think
tnat to sustain such claim would be carrying the
maxim MAJ OF SIC were beyond its legitimate limits.
eepons mentioned by cSef Justice D baiy IN the Opinion
II Rudoph vs. FUCHS by which decision am controlled.
The learned Chief Justice and ms able associates
January and lead pipes burst from many caases"the
gnawing OF rats the state of the weather, &C. other
Gases.or which the propretors occupants Of build
pipes burst from the state of the weather and from
any defect Or neglect concerning them. The burthen Of
such proof is on the plaintiff and he has failed produce
~ Moeye w. Gove Is not applicable There the injury
order that the plaintiffs action be dismissed with
anu 20 allowance. ana 1t is SO ordered
The New York herald., 1872-11-20
dictment and determined upon their course Of ac-

tiOn.
Leading counsel for the defendant insisted that 1t
was absurd to set out two hundred and twenty
counts In an indictment, as there were in the pres
ent case, and expect them oil to be properly met
by the defence.
Mr.. Tremaln said that, Notwithstanding the num-
Der OF counts, they were all substantially OF the
same nature, and could not be with pr0priety dis
severed; but in any event. as the Court had already
decided, 1t was premature to now ask the prosecu-
ton to elect on which counts they could go to trial.
Mr.. Tremain then said that counsel had thrown
doubts upon the right OF himself (Mr. Tremain) and
Mr.. Peckham to appear in this case as represent
ing the Attorney General, and ne would like this
matter settled.
Assistant District Attorney Sullivan said that
Messrs. Tremain and Peckham appeared both by
the authority OF the Attorney General and the
District Attorney.
Mr.. Tremain produced letter from Attorney
General Barlow, written yesterday, In view OF
contingency OF this kind arising giving Messrs.
Iremain and Peckham full authority to appear in
the case.
Judge Brady said that they wonld be recognized
for the present as having full authority to appear
In the case. The Court Then adjourned.
The New York herald., 1872-11-20
IMPORTANT TO PENSION AGENTS.

Alleged Overcha argo Of Collection Fecs by
Lawyer-Imp0rtant Case-Examina-
tion Still On.
Yesterday Commissioner Osborn had before him
the case Of the United States VS.. Frank w. JONES'
lawyer, doing business at III Broadway. The
defendant is charged with having, contrary to the
act OF Congress, charged a greater sum than s25
for the collection OF q pension for a man named
Moffatt, the father OF deceased Union soldier 1t
appears that, after Mofatt had placed in the hands
OF the defendant evidence to show that he was
entitled to the pension, the defendant proceeded
to collect it. MoGatt alleges that Jones on one
certain papers. This M0f1att refused to
do. On o subsequent occasion Jones offered
to give him 5000 and on another occasion $500; but
fendant says that he never received from Washing.
but that he knew who did. The certificate it ap-
pears, was addressed to place In New Jersey, and
e aos pUs
person Is. The defendant claims that he was not
the attorney Of record for the collection of this
Tor the collection of this money, and that this
being so he had right to charge such sum as he
deemed proper for his services and advice The
point taken by the prosecution is that the making
OF any such contract as that alleged by the defend
ant Is contrary to the express terms of the act Of
Congress- and MOffatt swearS that he has no recO
lection whatever OF having signed any such con-
tract, but was willing that Jones should have Tor
his services whatever was allowed by the govern
ment He further swears that he never knew any
other attorney in this transaction and had en-
poyed none but the defendant, and he had not au-
thorized him to employ any other. The defendant
yesterday was examined on his own behalf, and,
after giving some explanation Of the matter, the
case was further adjourned.
The Case of Paymaster Cahoone-Filing
the Findings of Fact.
Yesterday, in the case OF the United States vs.
BENJAMIN J. Cahoonc and Others which, as already
reported in the HERALD was an action to recover
$22, oo0 being the amount Of alleged deficiency In
the accounts Of the defendant as paymaster in the
navy tand in which matter there was Judgment
tor the defendanU, Mr.. william W. Hewitt, counsel
for Mr.. Algernon 5. Sullivan, who had been ap-
pointed guardian of Mr.. CahO0ne in lunacy proceed
ings in the Supreme Court OF this State, submitted
to Judge Shipman the special findings OF the United
states Circuit Court in this cause. These findings
show that, at the time Of the alleged deficiency, Mr..
Cahoone was totally incapable, owing to the dis
ordered condition OF his mind, OF attending to
any business whatever.
The New York herald., 1872-11-20
SUPREME COUaT-CHAMBsRS
Decisions.

BY Judge Fancher.
In the Matter Of the Petition of Ann McElroy
Guardian, &c.-Order granted for payment OF in.
terest.
In the Matter OF the Petition OF John H. Mcneil to
vacate Assessment for Paving Lexington Avenue
Order granted
Henry o. Burkett vs.. Samuel COhen.-MotiOn to
yacate the order OF arrest is denied.
In the Matter Of the Petition of r. Renson to
Have Judgment Discharged of Record.
granted.
John M. Leo ct al. vs. julius woltY ct al.-The mo.
tiOn for injunction, far II relates to the names
OF the article sold s denied, but granted as to the
use OF labels and wrappers in imitation OF the
plaintiff.
The New York herald., 1872-11-20
A sTABBIN9 AFFAIR

owen Short, OF 3s4 First avenue, was walking up
Seventeenth street Monday night, about twelve
O'Clock, when he was rudely accosted by ono
James O'Nei. who began abusing him and finally
struck nrA. Short attempted to defend himself, !
when oNei drew large dirk knife from his
pocket and stabbed Short In the back, indictlng .
painful wound. lie was arrested aId taken before
!udge scott, az Essex Market yesterday mQrutngs
The New York herald., 1872-11-20
THE COMPTROLLER CONTEMPT
MATTER.

Important Opinion or Judge Fancher,
Of the Supreme Court-rhc Degree OF
Discretion Granted the Comptroller
Absurdity Of Asking Him 70 Pay Money
When He Has Not Got It-Ma nd mus
stock Going Down.
How James w. McG0wan. In July, 1870 was an.
The New York herald., 1872-11-20
CITY C0URT-TRlAL TERM.
Suit Against the City railroad Conn
pany.
Before Judge McCue,

Before Judge McCue.
DR.. Nathan Newton, an aged gentleman, a resi-
dent Of the Eastern District the City Railroad
Company to recover $4,000 damages for personal
injuries. On the 18th Of May, while In the act Of
getting on open car, at the of Fulton and
Bedford avenues, he grasped broken guard at the
end OF one OF the seats when the guard gave way
entirely and he fell back in the street. receiving
injuries from which he has not yet and may never
fully recover. Hence the suit The defence is con-
tributive negligence. Case on.
The New York herald., 1872-11-20
SUPERIOR CoURT-spECIAL TERM.
Decisions.

BY Judge Sedgwick.
Otllie Krayser ct al. vs.. Margaret Hooble CT al
Order granted.
Hoyden Brown vs.. jeremiah d. Moore ct al
Same.
Hannah 7. Horton VS.. Mary A. Moore ct al
Same.
Addison Brown vs. Same.-Same
Same vs.. jeremiah ID. MOOrc.-Same.
James @. Spencer ct al vs. Henry Stucke. REF
ence granted.
Robert JardIne vs.. John Quackenbush.-
denying motion.
The New York herald., 1872-11-20
MARINE CoURT-spsCAL TeaM-caAMaeas.
Decisions.

BY Judge Tracy.
Walter Scott VS.. Sarah Beck.-Motion to open
default granted.
Elizabeth Seaver vs. David NJ. Johnson Motion
to open default granted.
John II. Behrens ct al. VS.. B. Zimmermann-MO.
tiOn granted.
Il. NJ Crawford ct al. vs.. David Fitzgeral d-Mo-
ton granted.
Isaac u. Nordlinger VS.. G. M. Mittnacht. t.-Order
settled
The New York herald., 1872-11-20
His Alleged Defalcation to the Govern
ment Charged to a Disordered
Mental Condition.
THE RING FRAUDS.
The Ex-Magnate Of Tammany Again in the
Court Of Oyer and Terminer...All the
Motions Of Ills Counsel Dismissed.
He is to Plead Next Tuesday.
CAMDEN AND AMBoY RAILROAD COMPANY

The Retrial Of the Old Cotton Suit-Writ.
ten Contracts Of Exemption from Fire
Of No Avail Against Negligence
The Company Mulcted In
Heavy Damages.
The New York herald., 1872-11-20
THE COMPTROLLER'S CONTEMPT OF COURT

A Judicial Breakwater Against the I'm
petuous Flood Of Mandamuses-
Comptroller Invested with Certain
Discretionary Powers He
Cannot Be Asked to Do
Impossibilities.
The New York herald., 1872-11-20
Suit Against the Board Of
Education.

Renting Private Building for Public School
Uses Holding Over the lst of May
and Then Refusing to Pay Rent.
The New York herald., 1872-11-20

THE COURTS.
IMPORTANT TO PENSION AGENTS.
A Lawyer Charged with ViOlat-
ing the Pension Law-What He
Saws in Self-Extenuation.
NAVAL PAYMASTER CAHOONE.
His Alleged Defalcation to the Govern
ment Charged to a Disordered
Mental Condition.
THE RING FRAUDS.
The Ex-Masnate Of Tammany Again in the
Court Of Oyer and Terminer-..All the
Motions Of Ills Counsel Dismissed.
He is to Plead Next Tuesday.
CAMDEN AND hMB0Y RAILROAD COMPANY
The Retrial Of the Old Cotton Suit-Writ.
ten Contracts Of Exemption from Fire
OF No Avail Against Negligence
The Company Mulcted In
Heavy Damages.
THE COMPTRoLLER'S CONTEMPT OF COURT
A Judicial Breakwater Against the I'm
petuous Flood Of Mandamuses-
Comptroller Invested with Certain
Discretionary Powers-He
Cannot Be Asked to Do
Impossibilities.
Suit Against the Board o.
Education.
Renting Private Building for Public School
Uses Holding Over the lst Of May
and Then Refusing to Pay Rent.
BURSTING OF CROTON PIPES.
A Delicate Legal Point as to Personal
Liability or Responsibility Of the
irresponsible Elements
BUSINESS IN THE OTHER COURTS.
Suit to Recover the Value Of Large Quantity
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
Council.

EAr9T, o., april ed. 1872.
Board of. CouTciInen mot u regular session
at Council hamber We nbors Present. j. Fl. Fcos
Mayor Vn. H.Ortt Clerk. NIessrS. Ell ison ,Thu-l
Deem. Falton an l Vapaus1al Jounc.Ia.en. CoIn-
ell called to order By his honor tive Mayor. Nin-
ut"s Of previOus nI 'ettnt reai and approved after
wAich the following bilIz were presented. tO-!vht:
Frank Kenny, serv. az Jqqitor, 1T BaptistFestiv l
two nights, 50. Taking care of Fire Engine ] yer
as per contract, SS5,0n. San'1 SKIES. hauiing en-
CINE to AMI fron Mill Dam md fro Il Depot $50
T!e marshal was antlorizeI TO appoint two assist
ant marshals-who are night watch at Excelsior
School Furniture Mandatory. an at the Flaii-
ing Mil of L. * ). Gable, to be paid by them and
be under their control. Committee on repairs WHO
authorized ly Council to receive bids for fencing
lot, adjoining town Hall. The marshal was in
structed to rent the lois of VIM Vest at the rate OF
$3.50 per week, and to be used q pouni, and rented
for a week at 4 time. Council adjourned.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
ETte ¬ked Eeuer.

A subscriber at Strawberry
Point, Iowa, and formerly a resi-
dent OF this county, in "a letter Of
recent date writes Us of the pre-
v~alence at that place OF cere6ro-
spinal men irqitis, or spotted few
er, and says that its dreadtni
ravages are the only subject OF
conversation among its CT liens.
THIS disease prevailed a few years
since in tie Pennsylvania coal
regions, and maize fearful raw
ages among its subjects; the rate
nf mortality ranging from 80 TO
rs per cent, the treatment OF the
disease being VIGOROUSLY unsatis-
factory. Its appearance during
the present winter rs a more gen
eral rpedemic in the Middle aud
Western States, has attracted the
attention of the medical profess
sion more cnmnle'elg, and it il
hoped that a more salts actory
treatment viii be arrived at. Al
the present time the use of the
preparations of the Ordeal Bean
Of Calabar seems 10 be most fav-
urabie, for under its use the death
rate has ben reported t. have
heen reduced in so1ne places to
10 per cent. 1t IS not our pro
vince t. entrr into detailin m d.
ical matters. but we wa;ch with
interest any advance made ty
the medical profession in til"
treatment OF SO wide spread a
disease rs that now existing
throughout the country, and We
gladly call attention to the abose
results OF medical practice. hop
ing a more general trial OF This
remedy may sustain the favora
hle results of this treatment
SUSSEX HprniH.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
The Springfield Republican

The Springfield Republican
notes as an interesting fact the
President finds no difficulty in
making pesce with the Fcrneys
and Bhtiers and Harmoths when
they are d~isaffe-ted, "while be-
tween him and the other sort, the
Trumbnils and Summers, there
seems to be "A breach which he
has either not the disposition OF
ability to heal"
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
Soldiers Nosncskeaas.

All those who served in the
Gate Wal on the Union side, and
who have received honorable dis
Charges, will be gratiied TO learu
that Congress has at last taken
proper action in regard to their
claims to $50 acres of land under
the Homestead laws. The fol-
lowing is o synopsis OF a bill
which has passed both houscs
and which has doubtless already
received the Presidents sigma
ture. The bill provides that ev-
cry officer, soldier, sailor or ma
rIne waoserved in the ar for Ii
period xceediug 90 days, MAY,
IN settling upon the ptt ic lands,
nndar the Homestead laws, co,.u-
the period Of his service as pat
of the five years residence re-
qrired Ii obtain "a pa ent 70 d
tract of 100 :acres. The actual
residence on tue land must he at
least one year. Six months are
allowed after tie location Of the
land before residence upon i
must commence. Persons dis
charged for wounds or disability
may have their whole period oI
enlistment counted. In case oi
the dearh of person who would
be entitled to the privileges of
the act, his widow, If unmarrieI,
or minor children, if the widow
be married or dead, are entitled
to its benefits. Any person to
whom the hill gives the right to
acquire land may have the same
entered and the required settle
ment and residence made by an
agent. This is the most impor-
tant feature of the bill, Tor a COM
paratively small rumber OF SOL
tiiers will themselves become
homestead settlers. The right to
transfer their privileges to an
agent will perhaps be of some
value To them.
al those interested should cut
this ont and preserve it for fu-
ture reference.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25

The elections in,li"ate the sue
cess Of the anti Grant ticket in
1872. With all the money spent
by the administration, it could
10 hold it's own in New Eng
land, while in the west where los
cal election have been held, the
results give the brightest hopes
TO the democracy end conscrva-
1--WE men,. IT the convention to
be held at Cincinnati in May
only acts prudenuy, the success
of the opposition is pnt beyond a
donbt.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25

The New York Sun is drawing
a fearful picture of the demoraliz-
ed condition of the Washington
Administration under the pres
emit corrupt and co:rnpting re-
gime:
"What if Secretary Robson
has been setting the law at def
xnce, and paying out public mon
,ey where IL statute of the United
States forbade the payments
what of it? Do we want to de-
prise the Kings table IF its jes
ter2 Do we want to make the
dinner parties at Washington
dul.2 Do we want to take away
from them their portly etory-tel-
Ter? Can we have the heart to
do all this just because he is II
little loose in equandering the
public treasurer"
Nevertheless, the editor asks:
allow long can any nation
withstand the downward tenden.
cy of a vicious and Gebauched
government
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
Administrators sale.

NoTICE-In pursuance of an order
IN ofthe Probate Court Of Preble Coun-
ty, Ohio, L will offer at public auction
ON the promises, in the village of Euphe-
mia, on the Beth day of April, A. D.,
1872, at two o'clock, P. u. The follow
ing described Real Estate, Situate in the
county Of Preble and State of Ohio, to-
wit. Lots number 46, Al, AZ, III SO as
known and designated on the plot of
the village of Euphemia, free and unin-
numbered of dover estate of the said
Leah Sloan, in said premises. Apprais-
az at -. Terms of Sale-One-third
i'll, hand, one-third in one year, and one
third in two years from the day of sale,
with interest from the day of sale. The
Payments to besec1rcd by Mortgage up
OH the premisesssoid.
FRANKLIN PAIN,
Admir- OF William Sloan deed.
HUBBARD &. FREEMAN, !-e.
Attorneys forfadnlinistrator.
March 70, 1872 ids.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
EarthQM0Ee is COStfO1--
9H


Mr.. J. ]. ROBINSON. has furnish
ed US late California pupers with
full details of the destrnct We
earthquake which occurred there
on the Goth of March. Tue Inyo
Independent, says:
1.-The solid earth was loosened
FROM IFS very foundations,
and heaved and tossed as if il.
the throes of n terrible agony
The Mighty Power beneath threw
it up and down, h1.her and yon,
as a strong man might toss 81
helpless babe. No words of ours
can begin to portray the terrors
of that dread moment, nor the
great horror that fell upon every
living thing! 1t was a terrible
scene when all were 90 rudely
awakened from deep slumhel to
face dea b i'll its most terrifying
form. Men whose cheeks would
never blanch in ordinary dangers
cried out in a very strong agouy
of terror, women screamed as
they clasped their crying little
ones, cattle,l 10 we'd, horses broke
from thei: tastenings and hud-
dlcd.'fogcther, dogs howled, Chick
n left their n SITS aud staggered
about ln-the darkness in their
wild efforts to escape a danger
that came they knew not whence:
Strong wooden houses bounded
up and down and rolled to and
tro like ships 10 heavy seaway,
crockery smashed aad furniture
danced aboutthn floors, chimneys
dropped instantly to the ground.
stone and adobe houses ,crumh-
led and went to The earth like
piles of sand, bnryirg the misera-
hle occupants in the rui g, and
the Whole world was in it's last
commissions. It would ill vol
umes to detail all the wonders
ofthoss few seconds of time-the
wondroHs phenomena Of Nature,
the dire calamities, tue personal
experience, miraculous ESCAPES
and Interesting Incidents"
"The total loss is estimated at
$4,000. Geographically the
earthquake appears tn have been
limited SO far as heard from. be
tween Big Pine. % miles above
the Post, to some red hills 60
miles below. In this small space,
and to population of 1900, it
has killed outright, so far az
heard from, between 25 and 30
persona and wounded very mahy
more. 'ThesrilIage of Lone Pine
IS miles distant, was almost de
stroyed, many houses being
ground 20 powder, and Others
sunk in the earth. Indepenl-
ence, the country Seat of lnyo
County. has lost her Court House
and oil the large buildings ex-
cept the Masonic Hall, and most
of the houses i'll the vicinity OF
the Post have been levelled, a
few of the occupants killed and
many hurt. The large mining
works of Swansea and the Eclipse
mine were much damaged and
numbers killed and wounded.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25

The Hon. Thos. A. Hendricks
las set a good example to all De-
mocra!ic .aspilants for the presi-
Dental nomination, by refusing
to permit the use OF his name in
that connection. Every effort
shoElI be. made to hafmonize
and concentrate the opposition
to the Graft ring of plunlerers.
The defeat of Grant and the safe
ty of the republic can be secured
IN no other way.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25
The Pennsylvania State Re

The Pennsylvania State Re-
publican Convention, nominated
Gen. J. F. Uartrauft AS their can
didate for Governor. Gen. H., is
al present Auditor General of the
State. His nomination is looked
upon as q matter OF. regret by
the leading men Of the party, as
he is said not to be a strong man
or q good politician. He assisted
in the banging of Mrs. Suratt,
and that should damn him eter-
nally.
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25

The Hartford Conrant says
s.IIe who thinks that a party can
hold its supremacy in a govern
ment which is r.,n by men like
Cooking, Morton, Carpenter,
Chandler and Nye, with states
men like Sumner, Trnmbull and
Schnrtz, protesting and %prescrib-
ed, must be more sanguine than
tho average OF people
Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1872-04-25

Pennsylvania Will he fully I'd
ably represented at the Cincin-
NIT Convention. Her delega-
ton will be chosen from "a .Iong
original and leading Republicans,
aud will present the name OF ex-
Governor Andrew G.. Curtin as Il
candidate for the Vice Presideu-
CIV.