davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
SUPREME COuaT-CHAN8ERS.
The Grand Opera House Manng ement.
Before Judge CardOZo


John F. Cole VS.. Lewis Baker-When the late
James Fisk, Jr., retired from the Grand Opera
House management the plaintif obtained lease OF
the same, ne having been, as Is well known, previ-
ously theatrical manager OF the establishment. on
obtaining the lease he took the defendant as part
her' and on account OF such partnership advanced
70 the latter, as alleged SIS O00--such advances as
eilneu' icing made through representations
VI we defendant that he was the owner of $40 900
wU,'n Vi teai estate IN Calornla. The present
sui Is Drought TO recover thus advance and in
Sa1enn an oruet OF arrest was GRANTED against the
ueienuant. NoluminIu counter aninevits v,ers
Tea9. On the part OF the de.endapts the anldayIts
see or.n tlat tne money advanced Nv the pal min
was lor the benefit OF the copartnersbin and ~
the defendants statement OF ms oyn.ran n ne. es
propery In california was made IN casual copver
plaintn to make tue advances, but meanna s ~ .e
that ne had sufficient to meet lie yanss e1
Iamiy Wnout Gazing on tile proceeds or an eY new,
mental business. lie says further mat tns ga per-.
belonged 10 his wife, and CLAIMS also thai tie money
buied the Of the partnership from whicn
partnership he alleges there Is now due hin some
she Judge took the papers. reservlng hts decision.
The Geneva Watch establishment.
Elias We. Greeley ct al.-Application was made yes
terday by the plaintiff who has charge OF the sale o
the Geneva watches on Broadway, for an order OF
rest against Horace Greeley aud J. Whltelaw Red
The application was denied on the ground that III
defendants are well known residents OF the State ana
not likely 10 run away, and that IN such cases. as
general rule orders OF arrest should not be granted
before yerdlct-tne application beng usually tc
crafty personal spleen and malice. when is no parl
OF Judges ollice TO crafty.
Decisions.
Besson ct al. va. Mcdonald. Motion granted
stittanor ct al. vs.. Merchants National Bank of
Llue Rock.-Juslifcation sufficient,
Lewis vs.. Friend ct al.-Motion denied,
Relser vs.. Reiser.-Memorandum for counsel.
Sanford ct a.. VS.. Whlte.-Purchaser released from
purchase
Ia the Matter OF the Application OF Sarah L. Allen
70 Nacatc, 6c.-Mcton denied. costs to abide event.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
MARINE CnuaT-?ART 2.
Action for ScaIding with Hot Water.
Before Judge Curtis

Before Judge Curtis.
Lizzie Taylor vs. John Johnston.-Thls action
was brought by the plaintiff to recover damages for
injuries received by being scaded by the wife OF the
defendant IN q concert saloon Kept by the defend.
ant at 1O7 Chatham street, In this city. The plain
TIT testified that the 18th OF October last while
iendant, the vile Of defendant took O pan OF
hot water which stood on the top OF
the stove and threw 1t over the person
OF the plaintiff, scadng her 80 badly that she
was laid up Tor three weeks IN Bellevue Hospital.
The defence Is that Mrs. Johnston came into the
saloon on the morning IN question very much IN
tOxicated alter having been TO the TOmbs to testify
In case. ana that as she was passing the stove she
on the top and scalding the palntin together with
the barKeeper, VINO was standing near 1t Is also
claimed that the plaintiff was drunk, ana therefore
her recollection OF the facts Is not 10 be relied on.
Up to a late hour last evening the Jury still
out, with no prospect OF an agreement. For plain
tiff Gardiner IL Goodheart. For defendant +. G.
KurZman.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
THE DALY.HACKETT Squirt.

Recorder Hackctt Defines His rositiOn-IIe
Denies Any "AssumptiOn."
However public opinion may be expressed with
regard to the sudden termination OF Mayor Halls
trial before Judge Daily sitting as En- o6cfo Justice
OF the General Sessions, consequence OF Recorder
Hacket's judicial opinion to the jurisdiction OF
the former named Judge, one thing is certain that
little Onpleasantness" has arisen between the
two Ofcials themselves TO remove this, so Tar sne
Is concerned, Recorder Hacket yesterday morning,
while presiding in the General Sessions took occa-
sion to advert TO Judge Days language in disposng
OF the Hall case. de desires no doubt to put him.
self right upon the record that it was not an las.
sumpttonn on his part to rule as he did, when his
own jurisdiction was called in question: but that he
The Recorder sustains his first position, quotes
authorities that have never been disputed on the
point.
RECORDER HACKETT EXPLAINS
In various city journals that have met my eye l
learn that Chief Justice Charles p DAILY of the Court
OF Common Pleas OUClO Justice OF this Court,
In mis- published decision takes exception to an as
sumption by myself that ne had decided the present
has been holden and Is now being held by me, to
nave been ana to be irregular In courtesy am
to my jurisdiction IN holding the present term, and
stated that Mr. Justice DAILY had decided y 10 be
That II Mr.. Justice DAILY mad so neld, while mad
always entertained great respect generally for his
oon as ought &c. for MeS 70 Mr.
In the State both having been upwards OF quarter
OF century upon the Benchl could not agree with
him. and added that the moment the juror died In
| the case before HIM his further connection
| Is an active Judge OF the Court OF Ses.
| am clearly OF, the more SO because
| since Mr.. Justice Daily commenced the trial OF the
term Of thus Court was comenced and has since
| continued. The Chief Justice had right, as an er
| ONcio Judge OF this Court ana presiding therein,
| to extend under additional statutes) ms term for
| that purpose. But the trial ended wnen the Jury
| was reduced TO the number OF eleven, under the
authority OF Cancemrs Court Of Appeals case.
| Justice DAILY could not then begin new business,
because mean While, this new March term had begun
and has ever since continued, and Is regular term
Aside from these considerations City Judge Bedford
has been city since Tuesday last, that, Oh
| both grounds, the Hall trial had TO stop, and an
glad to notice that my opinion ian Oi.nand ana by
pOthetlcal at the time) ratified by the Chief
Justice in his action. / have prepared this pubic
| explanation. as eminently due to eslImable q
gentleman, so cultured scholar and SO DR. 1lOund
| iurlS..
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
UNITED STATES supafms COURT.

S"''~S S'"'NS ee''@"'N ~sN"'
Tho Legality of IL Lnw 10 Exempt n Cor
Doration from TaxatiOn- rho Michigan
Legislators Upsetting tho Work OF Their
Predecessors. tr7
WASHINGTON, d. e., March 20, 1872.
No. 49, The East Saginaw Salt Manufacturing
Company vs. The City OF East Saginaw ct al.-Error
TO the Supreme Court of Michigan.-The company
organized under an act OF the State Of 1885,
c0uragng the formation OF salt companies by pro-
vidlDg that the property OF such companies should
pe exempt from taxation for any purpose. The
Legislature in 1861 limited the exemption to period
OF five years from that date. The state Court sus-
leaf that the sovereign right OF taxation belongs to
class Of power e4lrYs!ea tee Legislature 70 be
IL Is here urged that unless restricted py the State
constitution the Legislature may make contract
with an individual to exempt his property from
taxation. and that such contract protected by the
familiar provision oil the federal constitution.
The doctrine asserted by the plalnil IN error was
aecenty reamrmed oy TINS Court In the cases OF
planned oil similar grievance the Court sustaining
lature.
The care was submitted on the printed briefs. NJ
H. carpenter Tor plaintiff In error X, j. Brown FOL
defendant.
No. l40 The Steamer Patapsco va. Boyce. APP
peal from the Circuit Court for the Second Circuit
THIS was proceeding TO recover for coal furnished
tne steamer by the appellee, who Is coal dealer
Baltimore. The steamer, although owned by one
Bacon, was at the time In the service OF the Com.
mercia Steamboat Company, which ran line OF
steamers between Baltimore ana New York. The
question Is on whose or what account the coal was
furnished. the Court below finding that 1t was sup
Piled on the order OF the captain, ana suujectng
the steamer to q lien for Its payment IL Is here
INSISTED that the coal was furnished a running
account between the appellee ana the company
owning several boats the account running agalns
them all. The question Of law involved Is upon til,
presumption OF credit on account OF the Patapsco
1t being here commended that where the lbellan
who furnishes the 20 DDS is personally examined n
such presumption can he inferred when he does no
claim that he gave credit. When his mouth is close
When he IL examined no such presumption exists
c. DOnOhue Tor appellant; ID. McMahOn for appel
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
PLACE FOB HIGH TONED ADJUSTMENTS
ONLY.

AS many theatrical managers and showmen
know to their cost Newark Is not the most taking
place In the voridhat Is to say, for the aforesaid
parlies.the city authorities there having taking
way with them, because they are niIh toned M en-
soIs OF amusement. A short time ago they thought
aasspa,lln9 exhibition so good that they charged
n spaiters tne irinine license lee OF f1OO The
c, teas oDectet, bat had TO come down Alta re-
Sth. ss'eeung Oh the Common Council Commiftee on
,nci,ii, ntiu bHnlpnlons resolution was ndoJt
rm"vneuine me following schedule or license fees.
minstrel rs.unr r'a.nments, per day or night, $40;
uay, seo; GIT enterprise per niaL, San pea
| night. 500. " y" h'spp wv sparrDR per
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
COURT Or COMMOa PLEAS.
Another Cnse OF Matrimonial Difference

Another Case Of Matrimonial Differences.
Before Judge Robinson.
Rosetta Mackey va. Patrick Mackey.-Ihis Is suit
for separation the ground OF alleged cruelty. the
plaintiff bringing the suit She sets forth In her ar
1davit various acts OF alleged beating and kicking
She admits having been arrested on q charge or
drunkenness. The husband denies the cruelty as
ness and OF snch incorrlgible temper that he was
obliged to break up MS home ana send his child to
school, The case came up on motion for allmony.
she claims mat ne earns 80 O week, and he saws
ihat lie is earning nothing and IN business. Alter
nearing the argument The Court directed the matter
TO he submitted TO referee to take evidence.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23

ants eleven pioneer equipments, sixty muskcts
elghty-one belts. five boys rifles. five swords with
sasnes and belts. three ags and poles three extra
a. the rate OF thirty cents q man for one day.
The Target company went 10 Bath, Long Island,
rifles became disabled. the members OF the COM
pany then became very dis0rderly and refused 10
use the other rifles. They demanded deposit OF $40,
winch they had given the plaintiff, which was re-
fused They then refused to return the balance OF
damages for the value OF the goods. the plalntlff
claiming $40 In all. The deendants denied that
the plaintiff performed his part the contract and
belts Verdict for the paintir $25. For plaintiff,
r. Ready. For defendants, ID. p Barnard.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
THE VALUE OF OUR MARINE CORPS.


To THE EDITOR OF THE HERALp:-
The editorial in to-days paper, 'Our Navy and It's
Rcrormers" Is so just and frue that am compelled
to tell you how much pleasure gave to our officers
stationed at the Navy Yard here. You overlook.
however, measure lately introduced by Mr.. Nor.
gan, or ohio, In Congress to abolish the United
states Marine Corps. This would still further Grip
pie the navy. IL Is It's fright arm," ana the navy
men ser as arillerlss on board our ships "a well
rs infantry Oh shore and Admiral Turner told me a
short time ago mat when he commanded the IRON
sides at Charleston ne applied for more marines
In place OF landsmel, on account OF the superior
opinion OF all officers OF rank in the service 20 whom
have spoken. VIII you not say good word Tor
us2 Respectfully, L. f. LOGAN
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
UNITED STATES COMMISSIONERS COURT.
Selling Unsiumped Cigars.

Selling Unsiumped Cigars.
Before Commissioner Shields.
The United States VS.. Bernard Borshadt.-The de-
fendant was held In $500 bail for examination on a
charge OF selling unstamped cigars.
selling Liquor Without License.
The United States vs.. ANNA Mcyers-The de-
PENDANT resides at No. 1l2 Prince street. She Is
charged with selling liquor at that place without
paying the special tax. II appearing to the COM
missioner that the woman intended 10 pay The tax
and was waiting for n notice from the officer TO
whom she was 10 nand Il, she was discharged
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
HIGHWAY ROBBERY.

on the 10th OF December last Thomas McGrath, OF
20 Madison street, was proceeding home. when. on
nearing his residence Is alleged, he was fellcd by
a blow from q cart rung IN the hands OF James
O'Br,en. While the assalled was lying stunned upon
the pavement " Bren succeeded In r0bbing him OF o
gold watcn valued at $120. Yesterday McGrath
cnanced 10 meet O'Brien, and immediately caused
In default " $1,000 ball -~A '.-''"''.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
THE COURT S.
Interesting Proceedings in the United States,
New York and Brooklyn Courts.

che Post 0fice-violations Of tho Revenue
Law-Management Of the Grand Opera
House-The Geneva Watch Establishment
Matrimonial ificulties--Dsputs Be-
tween Landlord and Tenant-Action
for Sca.ding with Hot Water
The Tenth Avenue Homicide.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
BROOKLYN COURTS.
CITY COURT.
Troublesome Targeteers.
Before Judge Nelson.

Joseph U'Bricn, keeper OF gun store ut No. q
Hamilton avenue brought an action In the City Court
yesterday against John Skehan, Michael Skehan,
William Skenan ana 7. J. Cronin, members Of the
"Skehan Guards,"a formidable military organiza-
ton In the Sixth and Twelfth wards. On the 9th Of
NOVEMBER last the plaiptn hi ed out W the defend.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
COURT Of SESSIONS.
PerilOus PISTOL Practice.
Before Judge Moore.

Before Judge Moore.
On the night OF the 18th uit. Thomas Gilligan en-
tered Marstelerfs saloon on Court, near state
street, and drawing pistol deliberately shot George
M0nahau. who was drinking Ut the bar, IN The face
Monanan was not seriously Injured. Gilllgan was
arrested, and on The trial yesterday 1t was SHOWN
tharhe was at the time OF the shooting and still Is
insane. The Jury found him not guilty by reason OF
insanity. He will he taken to the Flatbush Asylum
Francis Flynn was tried on the charge OF receiv-
ing stolen goods. He was acquitted by the jury and
discharged from custody.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
UNITED STATES DISTRICT COURT.

Alleged Smuga ling Of Hardware.
Yesterday Deputies Marshal Robinson and Crow.
ley provided with bench warrant arrested Anton
Moeller and Charles E. Burdel and their broker,
Zedenko Hussa, on @ charge Of having attempted to
gmuggle into this port quantity OF hardware. The
defendants were held TO ball TO answer the
lion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
LP.BUTCHERY.
A bartender hilis Himself with n Pa
Knife

Bartender kills Himself with n Po.,xes
tfrt Knife.
Sergeant Carr, OF the Tenth precinct. yesterday
morning reported TO Coroner Young that Richard
Perrin, twenty-elght years of age, born in Ireland
and bartender In the employ OF Paul r. Hurley.
corner OF Chrystie and Delancey streets, had com
mitted suicide 6y cutting his throat with q pocket
knife. Deceased mad also gashed both his legs with
the knife. At one O'Clock IN the morning Perrin
was found dead IN bed by MIR. Hurley, who seemed
TO know OF no cause Tor the commission OF the deed
unless 1t was prompted by poor health, with which
ne had been suffering for three Or four days past,
Coroner yQVpg WV hold Az iAyestAgsi0Rs -
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23

on truck belonging to the defendants. struck the
boy and broke his thigh In two places. SUIT was
brought, laying damages at $4,000. rhe jury
brought in verdict OF $3.50 for the plaintif.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
SUPREME cuURT-TRIAL TfRn-2AsT 2.

Casually and Verdict Of Damages.
Before Judge Brady.
Henry RritDer vs. w. H. Kirby Ell ALA son OF tho
pisnur, on his way home from school, was passing
through West street. when barrel Of potash rolled
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23

The Legality Of Law 10 Exempt Cor
porution from Taxation rho Michigan
Legislators Upsetting tho Work OF Their
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-03
Fraudulent Mlsrepresenta.
lions.

Among the pernlcious frauds OF the Pc
riod, there is one which especially deserves
the apprehension Of all who place proper
value on health and life. The swindle re-
ferred to consists in the attempts OF ire
sponsible parties, in different sections of the
United States. to force upon the market
vile astringent compounds manufactured
out of damaged or worthless drugs and
refuse liquor, as preparations possessing
the rare and medicinal virtues OF the most
popular and etlicacious of all vegetable
ionics and lteratives-H ostetter's Stomach
Bitters.
The c1ncocters Of these "local bitters" are,
in the truest sense of the phrase, public
enemies Their fiery potions inflame the
stomachs, stupefy the brains, and shatter
the nerves of those who are unwise enough
to accept them as substitutes tor the famous
Vegetable Iuvigorant that for twenty years
has been known throughout the Western
Hemisphere as standard article.
The fame OF Hostelter's Bitters as a
health preserving, vitalizing medicine, is
as wide as the world, and the miserable
attempts of needy nostrum-mongers TO
supplant IL would be treated with silent
| contempt, were 1t not that serious cOnse-
uuences sometimes follow the use of the
nefariOus compounds in question. Who
| ever recommends any OF them as remedies
| for Dyspepsia. BiliouSnesJ, Constipation,
Intermittent Fever, Rheumatism, or any
other complaint for which Hostetters
Stomach Bitters Is known specific, Is
guilty of n moral, if not legal misdemean-
or. At this season, when the sun II releas-
! ing from the earth, in the form OF unwhole-
some yapors, the active principle OF disease,
| n course OF Hostetter's Bitters will be of the
utmost service 10 persons with feeble con-
situations.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-03

A CONSTITUTIONAL Convention is in
session in West Virginia, which con-
tains large majority Of Democratic
delegates, and for its action they will be
held responsible. They cannot do a
greater service than to adopt the princi-
pie of minority representation in the
Convention which they are about to
make. They have the power, and should
apply it to the choice ofmembers Of the
Legislature. For that matter, the
system that has been adopted in Hi,
nois under the present Constitution
would be just the thing. This is no
party measure as an earnest OF it we
are especially anxious that it should be
adopted and put in practice by Demo
cratic bodies wherever they have the
power in the States which they con-
troll. We can assure our West Vir-
ginia friends that in our judgment Il e
coming Ohio Constitutional Conven-
ton will certainly give it trial. The
best iutellects and the most substantial
thinkers of both parties admit that
this adjustment OF representation to
both majorities and minorities OF the
people is one of the leading progressive
reform measures Of the age. The new
and fourishing State Of West Virginia
should by all means be pioneer in its
favor-Cincinnati Enquirer.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-03
THE RIVAL RAILROADS.

The City Council last night resolved
to ask the Legislature for authority 70
subscribe to either OF the proposed
railroads to the Northwest, placing
them upon an equal footing in all re-
spects No Limitation as to time Of
competition is to be required in either
case by the Legislature (though we
presume the Council will see that salts
factory guarantees in that respect are
given before making the subscription)
and it is insisted upon that the depot
shops, &C., of the road receiving the
subscription shall be located within the
corporate limits OF the city OF Wheel
ing and on the east side Of the Ohio river
The debate in each branch was mainly
upon the question Of locating the depot
on this side of the river or on the Is
land, and a decided majority of the
members refused to sanction a sub.
scription unless the depot and terminus
of the road were irrevocably fixed on
the east side Of the river.
This action Of the Council, if the
act of the Legislature and subscription
made in accordance Herewith be &C
cepted by either Of the roads now pro-
iected, will have much influence IN
stimulating the construction OF a rail-
road bridge at this point. 1t does not
render the immediate construction OF a
bridge necessary, for the road may
teausfer its freight and passengers across
the river by any means it finds most
e1pedient and practicable, but the depot
shops, &C., must DO located on this side.
A bridge will ultimately be built, even
if it is not ready as soon as the road IS
open for traffic.
We heard it stated last night, by one
who is likely to know, that the Wheel
ing and Lake Erie Company will be
willing to accept subscription OF
100000 from this city upon these
terms. We don't know what the
Wheeling and Tuscarawas Company
will do, but we think it altogether prob
.ho ,bo+ tbat comnany will signify its
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-03
Ministers of the Gospel.

The proposition presented in the
Convention to prevent Ministers Of the
Gospel, from being elected to the Legis-
lature, meets with quite a howl from
some OF the Radical proscriptionists,
when but short time since they were
not willing to let many Of our people
say who should represent US. One OF the
safe guards Of our liberties is a sep,
aration of church and State, to permit
Ministers of the Gospel to be members
of the Legislature, overthrows one of
the most important principles of our
political prosperity; admit ministers and
YOU at once convert the churches of the
land into political organizations, and
as shown by the history OF the country
when politics enter church religion
goes out at the window. We have but
Just escaped from the prescription and
intolerance of Ministers Of the Gospel
so called. The Legislature since the
war has had more or less of ministers
in it, and where could be found
more proscriptive, Indifferent
and unforgiving set Of men
than they have been, if you was to
rake earth and hell. But, say the
Radicals, you do not want the best
men. That l do, but we do not get
the best men when we elect Ministers
$50 called), as the true man of God
would not stoop from his high calling
for seat in the Legislature, but only
the worst class Of men calling them.
selves ministers, who have put on the
livery of Heaven to serve the devil.
would aspire to that position. But, say
they, this is prescribing men. Not 90,
tor if a so-called minister is competent
all that would be required of him
would be TO lay aside that which God
never invested him with, for as | said
before the man who is entitled to the
name of a minister would not stoop to
accept the position. To admit minis
tiers would throw into the hands of the
larger churches the power to control
legislation, which has been done to
such a fearful extent heretofore. There
is a clique now trying TO control the
action OF Congress and give 1.-THE con-
troll Of the Legislature and States and
how long will it be until we will have, as
once in England, an established church.
WEST VIRGINIA.