davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-13
THE STREET PAVING CONTRACT.

for . Mandamus Against
Commissi0ncr Van Nort-II0w Mr..
Trundy Got Trundled Out OF . Nice
Job-The Mandamus Denied--Judge
Leonara's Opinion.
The Common Council, in October, 1858, passed q
resolution directing the paving Of portions OF
Fourth and Fifth streets to Mangin street. Adver-
tisements for proposals were made by the Croton
Aqueduct Board, who had charge Of street matters
ct that time. Mr.. Richard n. Trundy was the only
one who put in q bid Before the contract was
closed the Common Council passed subsequent
resolution shortening the distance OF the paving
10 Lewis street. There was some irregularity In
the advertising but the Board OF Contract made this
all right. This latter proceeding OF the Common
Council LETT Mr. Trundy out in the cold, ana as re-
lusal was made to award him the contract to
Lewis street he applied before Judge Leonard,
holding Supreme Court Chambers, or a mandamus
against Commissioner Van Mort to award him
the contract. Judge Leonard gave his decision
yesterday upon this application, denying the
motion. The following Is
JUDGE LEONARp'S OPINION.
The award OF contracts to Mr.. Trundy in Jan u
ary lS70 was not made pursuant to any subsisting
ordinance. The ordinance OF December 2, 1862
being for shorter line OF pavement than that men
toned in the ordinance OF October rs, 1869, al
distance operated as substitute for the prior
ordinance. All further proceedings to perfect an
award or contract for the longer route Ofpavement
became nugatory after December 2, 1859. 1t would
give rise to an apparent claim for damages against
the city for the profits which the contractor might
whole distance to Mangin street, while the Com
missioner OF Public Works was really without any
authority so to contract. The application must be
denied, with the costs OF opposing motion.
The New York herald., 1872-11-13
CURIOUS SHOOTING CASE.

A Little Girl Accidentally Shoots . Man
with . Revolver-The Father Mulcted
In $3.50 ON Account OF II.
The adage, whose origin Is said to be traced
back to venerable lady Of the old school, about
q gun being dangerous without either stock, lock
or barrel, may not be strictly true but case came
on for trial yesterday before Judge Curtis, OF the
Superior Court, showing conclusively that It win
not always do to leave firearms lying about or
hanging about loosely, and particularly where In.
experienced children are liable to come In contact
with them little carelessness In this regard has
cost citizen $3.50, and the lesson is worth needing
by others. 1t Is
though admitting OF very brief telling. Mr..
George Gale, who is Q maker Of iron ratings, had
in his employ George Holman. Mr.. Gale had been
q soldier during the war, and as memento Of our
aiding to bring It to an end kept revolver. This
he kept in the shop, and, as he says, on girder
out OF sight. He furthermore kept 1t loaded, and,
as he says on this point, his object was to use 1t
In exterminating rats, which infested the place.
One day little daughter OF his, ten years DID, came
into the shop, got hold Of the revolver In some
way, and the nrst thing Mr. Holman knew Of
her having 1t was receiving the contents 1t being
loaded with buckshot. in his body. The girl had
from work for some time, but, with the surgical
manlpulat0ns and incis0ns to which he had to
submit, 1t was not very pleasant one. He brought
suit against Mr.. Gale for 900 damages. As stated
above, the case came yesterday to trial The jury
took but q short time to deliberate upon the EVIL
dence. They cut down Mr.. Honman's figures, how.
ever, and gave him verdict for $3.50 damages.
The New York herald., 1872-11-13
THE JUMELL WILL CASE.

Motion to Strike = Special Jury for the
Trial Of the Cause-Argument OF Coun-
sel-Decision Reserved.
The case OF George w. Bowen vs. Nelson Chase
came up again yesterday in the United States Cir
cult Court, before Judge Shipman. on q motion
made by the defendant that special jury be struck
to try the cause. Mr.. Charles O'Conor and Mr.
Garter appeared as counsel for the defendant and
Mr.. c. Shafrer and General Chatneld for the
plaintir.
Mr. OConor called the attention OF the Court to
the provisions OF the federal and State law in refer
ence to the manner OF striking special jury.
He argued that the law seemed to be
that 2 special Jury should s be struck from
district, and observed that the oiicer whose duty
It would be to make the list should return the
names OF such persons as In his judgment he
deemed fit and capable to act as fair and impartial
jurors This list would be reduced to forty-efght
Names and each OF the parties at proper time
TO and striking on twelve Names SO that the list
from which the jury was finally to be empanened
would be reduced to the names OF twenty-fOur In
divduals. He submitted to the Court Q form Of
order which he had prepared In the case. and gave
che Judge various references TO the statutes both
Mr. Sharer and General Chatneld took some ex-
cepton to the views advanced by Mr. O'Conor, and
referred Judge Shipman to the rule OF the Circuit
and District Courts as to the mode OF striking
special juries They would be willing to have this
special jury struck from the list OF COO ordinarily
summoned In this Court.
Judge Shipman having heard the argument
reserved his decision. In the course Of few days
His Honor will decide as to the manner OF selecting
this jury and by whom It shall be struck
The New York herald., 1872-11-13
C0UaT CAlENDARS-THIS DAY.

SUPREME CoURT-GENERAL TERM-Hed by Judges
Ingraham. Leonard and Brady.-Nos. AZ, 81, 100,
101 102 103 104, 1885, 10o LOT, 10S, l. $780, l3i, 1856,
136, 1877, 13S, 139, 140 141, 142, 143, LA, 145
SePREME COURT-CIRCUIT-Part1 Held by Judge
Barrett-Nos 1884, 37l7 1861, 21s7, 4o1, 2o35, 2225,
2227 203 H. COS, Ill, 76l 1079H, 209, 2229, 2233,
1885, 2239, 2241. Part Held by Judge Van
Brunt.-Nos. TO, 2ol2, 800, 1854 S46 l122, 12h,
7s6, s2o 1884, 1885, 1ll6, 702 $685. 1l40 1l42 ll44.
ll46, l14S ll50
SUPREME CoURr-CHAMBERs-Held by Judge Fan.
cher-Nos. 81, e. 641, 60, n, 49, 81 49, S4 So, SO,
81 49, 49, 9 9 o. 97 9S ia, lis, 116, $50, 100, 156,
157, 15s, i63, le4, 166. Cali, III.
SUPERIOR COURr-TRlAL TERM-Part Held by
Judge Curis-Nos 90, 1879 1857 53l, 1885, 1928 1873,
1851 1891, 1885, 1se9 j. K, HOS, HAT, SAT. Part p
Held by Judge Sedgwck.-NOs 1885, 1856, 1884, 1886,
1l2 1l2s 1904, l540 1885, l226 1476, l4o2, S76 14S2
1486.
COURT OF COMMON PLEAs-TRIAL TERM-Part l.
Held by Judge L0ew.-Case on. Part 2-Held by
Judge Larremore.-Nos 2lo3, H. 1882 245, 1917,
174o 167e 134s 2ose l74e, 17o5 1852 1865 l54o l4l
COURT OF COMMON PLEAs-EQUITY TERN-Held by
Judge RobinsOn.-Case on.
MARINE OoURr-TRIAL TERM-Part HELD by
Judge Spaulding.-Nos 582, 692, 776, S28, $50, $685.
762 742 $780, sos, S24 1890, 1904 1890. Part 2-Held
by Judge Curtis-NOs. 73l, GIT, $50, 1888, 787, 793
797 SOL $685. $685. S07, S23, S25, S27 Part 3-Held by
Judge Joachtmsen.-Nos $751; 1S46, l69, 340 Ala,
Alt, 42o, ASS, S4s, 1855, $50, ISL, $685. sS4, SS5.
COURT OF GENERAL SESsIONs-Hcd by Judge
Bedford-Homicide, Emil Andre; robbery, Michael
Dwyer, Joseph Rainus and John Kenny, Thomas
Murray; burglary, Henry Mumford, Johu Jones and
Patrick Welden, James Dutt0n, James Farrell
grand larceny Alvin NORM, Henry Farrell John
Doe; bigamy, Jasper Van Riper.
The New York herald., 1872-11-13
CITIZENS REFoaM ASSOCIATION.

The Citizens Reform Association assembled In
their hail. 20 Union square, last evening, to con-
gratuate each other on the great success which
had attended their efforts for the election ofhonest
and capable men In the late municipal contest.
The President, Mr. c. K. Deutsch, In brief address
alluded TO the important labors Of the association
in defeating the rings and combinations Of
unscrupulous politicians, who sought power
tiona. State and city ticket including Grant, DIX
and Havemeyer had been triumphantly elected,
only democrat endorsed by the assoclation-Hon.
Thomas j. Creamer candidate for Congress In the
seventh Congressional distrlct-had been elected,
which showed conclusively that the association
was in sympathy with the people and selected only
men OF character and capacity for ocial positions
Before the adjournment Mr.. M. A. Stewart thanked
rendered In the campaign, and proposed as the
candidate for Sheriff next FAN Hon. Q. X. Deutsch,
which was received with cheers
The New York herald., 1872-11-13
THE SONS OF MAINE,

meeting Of residents Of New York born in
Maine was held at room IA Astor House yesterday
to organize society OF Maine men for the cultiva-
tion OF sociability and business benefits. There
were some three hundred signers to the call, among
the number the following distinguished New
Workers.: s:-Erastus Brooks, Rev. Joseph F. Elder,
Rufus ingalls,, Matthew Hale Smith and Samuel @.
Fessenden. There were about seventy five people
present On being called to order Captain Am.
Drose snow was chosen chairman and Joseph Treat
object OF the call by Erastus Brooks, Samuel @.
Fessenden, Rev. Joseph r. Elder and Matthew Hale
Smith. committee was fnally appointed to per-
feet arrangements for the complete organization OF
the society, and the meeting adjourned.
The New York herald., 1872-11-13

bernstein Knocked against him and then COM
was arrested.
Judge shandley to complainanp p-where were
Bernsteln-Arount de pelly
Judge-You don't LOOK as II you were much hurt.
AS tns i, man has already been nve days In prison
The next case called was that Of Joseph Rosen-
RosenSers Is Polish % 1eM and ,' wSsn he went upon
the stand did not seem to know what he was to
testify about. All that the interpreter could elicit
when, where or by whom he could not say.
The prisoner was short thick set Irish woman,
guilty. ana HS the Oce4 ecaed
her answered, "Wait till have chance. IN talk
Her husband coming up, was thrust aside sum-
mariy by Mary, who said she 'would tell the
JO0dge joost how IL was.n
kem up into the peaanT his things ana he
wanted to sell me shawl. l tould him l had NO
money to spend and didn't want any shawl. See
you and he whit af. He comes up agen to me and
sgen druv him al. Back agin he comes, and thin
what he wanted, and picks up Q stick OF wood on
the table and hot him clip on the head with 1t;
that's all there is oft"
A boy named Thomas Meehan preferred charge
S on ssfy s aSpss sGs behind
beer wagon driven by the latter aud was struck
over the eye with the butt end OF mis- whip, gashing
1t severely. Kohlman, In defence, said that he
thought the boy wanted to steal. Judge Shandley,
however, informed him that, even II he did, It was
no justification for so brutal an assault. Kohlman
received four months in the Penitentiary
Henry Schneider, an lil-1av0red brutishlO0king
fellow, OF disgusting exterior, was placed at the
bar charged with an assault boy named John Col
hns Collins was ascending the steps OF St. Teresas
church on sunday morning last, when Schneider,
upon him with q penknife, cutting HIM In the back
OF the head. Schneider was sentenced to three
months on the Island.
Roundsman Thomas Reilly appeared as com.
plalnant against Charles Morgan for assault and
battery, but he replied that It was none
Of his business, and for his cOntumacy was
arrested as a dangerous character. He was imme-
diately discharged, with strong reprimand to the
policeman from the Court for his unwarrantable
violence towards respectable citizen.
The New York herald., 1872-11-13
A NEGRO MURDERER DESPERATE.
Grant, the Negro Assassin, Objects to
Being Hangcd-A Whole Posse RE-
quired To Put the Irons ON Him.

WEsTCHEsTER, Pa, Nov. IL, 1872.
George Grant, the negro murderer who Is to be
hung tomorrow at this place, was ironed this
afternoon. 1t was feared there would be great
deal OF trouble with him, as he had refused to let
any one come near him and had hung shawl over
his cell door. The Sherin, with posse OF special
onlcers thoroughly armed, went to the cell at one
were In and upon him before he knew 1t.
He had moved his bed to the door and broken the
to get the irons securely on him, and he was re.
moved to another cell on the lower floor. He
swears he win break all the irons they can put on
him, and, Judging from past experiences with him.
1t seems no Idle boast. Six men will watch him
night, and IL Is thought they are able to guard
them. The cell he formerly occupied was nearly
broken through In several places, and he had
sbilly" and steel saw secreted In his cell when
removed.
The New York herald., 1872-11-13

cases Abbott defendant against the New York
pellants and 400 other actions against the same
appellants.
Appeals dismissed with costs, single bin costs
orders made at the same time In which the ques-
tions were the same and In which the attorneys
necessary and actual disbursement In an the
casss:ITuliy respondent against the New York
Central and Hudson River Railroad Company, ap-
pemants, and los other actions against said ap-
Judgments afnrmed with costs -OBrien against
Powers; Mcshea against Matthew'S; Carpenter
1 sgainst o,Dougnerty; Perkins against Giles; wor,
Faville against Robert; Morgan against Mulligan
Johnson against Depeyster; Fried against the
Wheeler; Vaudeville against Garnsey.
Judgments anirmed :-COnners against the
People; the People ex rel. Underwood against
orders aflrmed with costs :-Thurbes against
Blanck; O'Brien against The Glenville WooIlen
vii. &C., Of Frederick 6ias; HBrincsiey against s
Judgments reversed and new trials granted, costs
National Bank Of whitehall VS. Lamb No |; The
same same W. The % same, No. 2; the Same ys, The
Central Bank OF brooklyn VS.. Hammet; Good.
win vs. The Baltimore Railroad Company;
and Syracuse Railroad; Bales va. Buell the
Congregation Of the shaaer Nashman vs. HolIa-
way; Delaware and Hudson Company vG. The
pennsylvania Coal Company.
ApeaIs dismissed, with o single bill Of costs in
Railroad Company; Lindsay VS.. The Same.
Order granting new trial reversed, and Judgment
on report OF referee affirmed with costs :Gretchess
Order granting new trial afirmed and Judgment
absolute for defendant with costs. Van Keller
Order granting new trial reserved and Judgment
NJ Speciai Term afllrmed with costs.
The New York herald., 1872-11-13
ToMBs POLICE COURT.

Man Robbed I'm "Reddy tho Black
smith's"-Outrage I'm the Astor House.
Alderman Conan sat in the place Of Judge
Bowling yesterday morning. The first case OF any
Importance was that OF Alexander Jones, residing
at the st. Nicholas HOTEL against Michael Mahoney.
Mr.. Jones went into the drinking saloon Of
william varley, alias "Reddy the Blacksmith" in
Broadway, near Houston street, on Tuesday even
ing He called for drink and got 1t, when some
man who was in the place tumbled against
him as II intoxicated. Mr.. Jones threw
him OF. Immediately he heard cry
from behind the bar, "Bounce," and Mr..
Jones, by the aid OF several persons inside the
place at the tine, was transferred to the curbstone
pockets and and found that $500 was taken therefrom
He took hold Of the man nearest him, one Michael
Mahoney, who is naottue OF the place. and no
When Mr.. Jones appeared In Court yesterday he
felt somewhat embarrassed; he would not swear
knew his face and also knew he was one OF the
men who STUCK to him most closely. Mahoney was
heS 70 rm o 50 ana A walker
street. have for some time missed quantities Of
money from their cash drawer. On Saturday last
Jacobs, Of their clerks they had him arrested.
Jacobs confessed his quit. He was arraigned De-
fore Alderman Cowan yesterday and held to an
swer.
John H. Tennent, a man about fifty years of age,
well dressed and with an air OF general respect
dOulty dDOuL WAS dIIulRucu ~ VI uAo-
orderly conduct preferred by Mrs. Clara Courtney.
Friday last as she AYERS, Mr. Tennent came into
her room without being asked and insisted on
and only LEFT on compulsion. Mrs. Courtney
was 10th to make q complaint, but, his inso-
lence having been renewed three times, she
was compelled to have him taken care OF.
Yesterday morning Tennent again forced his way
to Mrs. COurtney's room and even broke open the
door, and he attempted to commit an indecent
assault on the lady. Alderman Conan, without
much parley, committed the rufian for trial at
Special Sessions.
The New York herald., 1872-11-13
COURT Of GENERAL SESSIONS.
Alleged Assault Upon . Young Girl
Prompt Acquittal Of the Defendant.
Before Judge Bedford.

Alleged Assault Upon . Young Girl
Prompt Acquittal Of the Defendant.
Before Judge Bedford
good part OF yesterdays session was occupied
In the trial of an indictment against Isaac Loeb
for an alleged outrage committed upon Fanny
vogt, young domestic in his employ, at No. 202
Grand street, on the 4th OF october. The defence
proved by two respectable ladies that at the time
the girl swore the offence was perpetrated they
with their young children were in the defendants
District Attorney R Fellows virtually aba abandoned
guilty without leaving their seats,
Grand Larceny.
James Brady and John Reed, charged with rob-
bing william st. Clair on the 10th of October Of
the sum Of $40, pleaded guilty to grand larceny.
Brady was sent to the State Prison for i've years,
sent to the Penitentiary for the same PERIOD
Petty Larceny.
John Messfeld, who stole two coats worth $50
from Harris Bergman, pleaded guilty to petty lar.
ceny and was sent to the Penitentiary for three
months
Pleads Guilty to killing His Wife and
is Sent to the State Prison.
william DUNCAN, who was indicted for the mur-
der of his wife on the 11th OF June last was placed
at the bar.
Assistant District Attorney Sullivan made
statement to His Honor Of the case. He said that
after careful examination OF the testimony, there
ceded the death Of the woman, he was convinced q
jury would not render verdict higher than that or
manslaugnter in the third degree, which plea he
was willing to accept
Mr.. Soteido, who was assigned by the Court to
look after the prisoners rights stated some facts
In mitigation OF sentence.
Judge Bedford sentenced him to the State Prison
for three years.
An Acquittal.
Charles de Rivoli was tried upon q charge OF
stealing "a from John !. Moran on the 18th OF Octo.
Der. The statement OF the complainant was re-
futed by tine accused and q respectable witness,
and, after the previous good character OF the de.
fendant was proved Mr.. Fellows abandoned the
case. His Honor instructed the jury to render q
verdict of not guilty.
The New York herald., 1872-11-13
ALLEGED BANKRUPTCY.

The Parties ON Trial Arc Sued for Hav-
ing Failed to Take Up Their CONNER
sial Paper Within Legal Time or Ma
turfty.
Gibbs vs. Boch, Schneider 4 Co-This case Is on
Srial before Judge Blatchford and jury, in the
United States Circuit Court to determine the ques-
Non whether the defendants had committed q Ger.
tain act Of alleged bankruptcy imputed to them in
clared bankrupts. The complaint states that the
plaintiff holds note Of the defendants for a. 900
md that they failed 70 take 1t ND. 20 c0mmerclal
The New York herald., 1872-11-13
CITY COURT.
Peri1s OF Pedestrians.
Before Judge THOMPSON,

On the evening Of the 11th OF February last Mrs.
Ellen Dolan, while proceeding along Congress street
with an infant in her arms, slipped into an open
coal hole In the sidewalk Of Patrick Leddy's store,
corner OF Columbia street. Mrs. Dolan was severely
injured about the legs and confined to the house for
several days thereafter. Yesterday she brought
suit against Leddy to recover damages in the sum
Of 900.
Counsellor Ready for the defence, contended
that Leddy was not liable, as he did not own the
premises nor occupy the whole OF them. 1t was
shown that he was the lessee and that he occupied
the cellar to which the coal shute led. He claimed,
however, that the shute was closed on Saturday
night when he left his business, and that as the
there. some one must have opened the hole dur
ing the day.
The jury gave plaintiff $137.
The New York herald., 1872-11-13
COURT or SPECIAL SESSIONS.

Before Judges Coulter, Cox and Shandley.
Judge shandley presided at Special Sessions
yesterday There were some thirty-eight cases on
the calendar. The first was that Of Asher Bern
stein VS.. Charles Brady, for assault and battery.
Bernstein accused Brady OF striking him three
times In the face without any provocaton.
Brady, 10 his defence, said he was drunk and
The New York herald., 1872-11-13
BUSINESS IN THE OTHER COURTS.
SUPREME couaT-cRAMsEas.

BY Judge Fancher
Shaughnessy vs. The Mayor, &c-Motion granted.
In the Matter Of Opening Eleventh Avenue North
OF 155th street.-Order granted appointing Samuel
A. Lewis commissioner in place OF James NJ. Swee.
ny, resigned.
John Williams vs. Rose willlams.-Limited di-
vorce is only granted, ION the complaint Of mar
ried woman" (3 R. s., Ed p. 231.. Sec 63). There
ton for Judgment in this action must be denied.
Caroline p Whtlock vs. William L. Mcdonald
Daniel B. Ames ct al. w. Jacob Ames ct al-Pe-
tition granted for $1,000.
George Dickinson VS.. William FL. NJ Sanger.-The
demurrer is frivolous and Judgment thereon for
the plaintiff is ordered.
Emil Justh vs. Virginia N. Justh.-Both parties
may amend their pleadings, &C.
BY Judge lngraham
Edward F. Brown ct al. Vs. Hannah Van Wyck ct
al.-Motion granted; costs to abide result.
BY Judge Brady.
Irton Vs. Devison.-Proposed amendments to case
cot
The New York herald., 1872-11-13
MARINE CouRT-spEcAL TERM-cHAnBsRs.


BY Judge Tracy.
Felix Garcia vs. Henry Frahman.-Motion denied.
Emil Haas vs. Martin Oakley.-Motien denied,
without costs.
Peter Stephan w. Justus Cookc.-Moton granted,
with $40 costs to plaintiff.
Seth Carmin and Another vs.. William ]. Ryan
and Others.-M0tton set aside; order Of arrest,
&C., granted.
William F. wooley vs. Clarissa E. Bradey.-Mo-
tion denied, with $40 costs to plaintiff.
Simon Friedman VS.. Lazarus Studznski.-Mo-
tion granted, with $40 costs to defendant.
The New York herald., 1872-11-13
COURT OF APPEALS.
Decisions.

ALBANY. N. Y, Nov. IL, 1872.
The following decisions were made in the Court
OF Appeals:-
Appeals dismissed with costs, o single bill Of
costs only to be recovered In the several appeals
from orders made at the same time and upon the
same papers, or which might have been
made upon one set OF papers entitled
In the several actions and In which
the attorneys for the parties were the same, to-
gether with the necessary disbursements IN OIL the
The New York herald., 1872-11-13
SHOCKING DEATHS TO A MANS WIVES.

Yesterday morning Margaret Betz, aged dfty-
three years, fell down stairs at her husbands
house In Columbia street, Union Hill, and, break
ing her neck, was almost instantly killed. ~
had been only six weeks married. The mans
previous wife was burned to death ak montna
ago. Coroner Parsl0w holds IN inQuest
The New York herald., 1872-11-13
BROOKLYN COURTS.
COURT Or OYER AND TERMlRER.
The Anderson CaSes
Before Judge Barnard.

Yesterday the Court appointed Tuesday next for
the trial OF DR.. Irish and Mrs. Anderson, who are
charged with having poisoned the husband OF the
latter Edward O. Anderson. The trial has been
delayed thus long In consequence OF the absence
In Europe Of DR.. DOremus, who made an analysis
Of Anderson's stomach, and who has now returned
to this country.
The New York herald., 1872-11-13

ALBANY, Nov. H. 1872.
The following is the Court OF Appeals day calen-
dar Tor November la:-Nos So9h, 4l6, 344, 800, 343
Az to 4SS, 4S4, 1s9. N e'
The New York herald., 1872-11-13

paper. within fourteen days after its maturity.
me defendants deny the allegations OF the COM
plaint and state that they are not liable for the
payment Of the note. The case mas NOT conciuded.
The New York herald., 1872-11-13
SUPREME CouaT-SPEClAL TERM.


Henry Harteau vs.. The Deer Park Blue stone
Company. Injunction continued plaintiff stlpu-
late to refer ana take short notice, otherwise de-
MED.
schomaker Vs. McBain.-MotIon to strike out
answer granted; $40 costs.
Brown VS.. Bryan.-Case settled.