davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-25
'ouRT OF APPEALS.
ALBANY, N. Y. Dec. "a, 1872.
Decisions.
Ing decisions have been handed

ALBANY, N. Y. Dec "a, 1872.
Decisions.
The following decisions have been handed
down.
Judgments afflrmed with costs-Bacon vs.. New
York Central and Hudson River Railroad Company !;
Cock vs.. Same; Wallace vs. Free; Hughes VS.. Bill
lnghurst; People ex rel. City OF Rochester vs.
Briggs; City of Rochester vs. Briggs; Weeks vs.
Love- Fitzhugh vs. Sackett
Judgments reversed, new trials granted, costs to
abide events Culver vs.. Western Union Telegraph
Company; Carpenter VS.. Blake; R0wley vs.. Wood
run.
judgments reversed, except as to one penalty,
and afflrmed as to one penalty, &c.-POol vs.. New
York Central and Hu tson River Railroad Company /;
Morris va. Same; Smith vs. Same.
Order affirmed and judgment modified, &C.
Graham vs.. Linden.
order afilrmed, with costs-Erickson vs. Quinn.
Appeal dismissed condltionally-Debbe vs.. Debbe.
Motion granted and remittitur amended-Bulles
vs. Sage.
Motion denied with $40 costs-Aberdphy vs.
Knight.
Appeal from Judgment dismissed without costs
Patten vs.. Stitt.
Motion to dismiss appeal from order denied with
$40 costs-Patten vs. Stitt.
Motion to correct remittitur denied-People ex
rel. Peterson Dayton; People eX rel. Mills vs..
Dayton.
City Insurance Company.
Appeal dismissed without costs-Coleman vs.
Dickson.
The Court adjourned sine die.
The New York herald., 1872-12-25
TIE TAMMANY RING FRAUDS.
The Motion to Quash the Indictments
Against Hugh Smith and Others
Granted-ImpOrtant Decision
by Recorder Hackett.
BUSINESS IN THE OTHER COURTS.
Summaries Important to sheriff's Officers
Business Of the General Sessions
An Appeal Case-Decisions.

Yesterday Commissioner Shields committed
Richard Brandon to await the action OF the
Grand Jury on charge OF stealing mail bags from
tAe Post Onicc
Patrick Doyle who had been accused Of running
IN Illicit distillery, was yesterday discharged by
Commissioner Shields
+. Jacobs, charged with selling whiskey without
license, was held in $500 bail for examination by
Commissioner Shields.
The Stokes trial made considerable headway
yesterday. The evidence OF the witnesses who had
already testified at the previous trial was again
given with considerable accuratencss and con-
skstency, and the defence made very little, II any,
discrepancies therein that they might desire to
present to the jury. The case stands adjourned till
tomorrow.
Recorder Hackett yesterday rendered q decision
IN the case of The People vs. Henry Smith and
Others for alleged frauds upon the city. motion
was made to quash the indictments, and that mo-
ton has been granted.
The New York herald., 1872-12-25
COURT Or GENERAL SESSIONS.

A Charge Of False Pretenccs Against a
Clerk Of . Civil Court Who Acted ms
Interpreter and "Stenogra phcr''-Ac.
quiatal of tho Accused.
Before Recorder Hackett
District Attorney Garvin and Assistant District
Attorney stewart conducted the business OF the
Court yesterday. Most OF the day was occupied in
the trial Of an indictment for false prctences against
Joseph Stenhart, the interpreter OF the Seventh
District Court for receiving $2,467 rs from Comp
troller Connolly upon a warrant in favor OF George
b. Landsicy, for services as stenographer from May
8, 1870, to July 81, 1871, he Q.andsey) having as
signed the claim to Stcinharf. William NJ. Kitchen.
formerly CLERK OF the Court and a lawyer, AIexan.
der Lamont, a practising lawyer In that District
Court, testified that no such person as Landsley
ever appeared in that Court.
Mr.. Richard ;. Storrs proved that the receipt to
the warrant was signed by Stenhart, ana Kitchell
identified the signature as being that Of the de.
fendant.
For the defence II was shown by Justice Mcclure
that at the request OF a politician named Wm w.
McCaDe he appointed Landsey stenogral4er OF the
Court, but he never appeared TO discharge the du-
ties required by that Officer IL was further shown
that McCabe arranged with Steinbart, not only for
those OF stenographer Tor his dummy Landsley, lie
(Steinharp TO receive q certain compensation
which was not named. Steinhart testified that he
thought 1t would be good chance to make some
thing extra, and performed the duties OF stenog-
rapher by taking the testimony upon trials In long
hand.
Justices Quinn and Kane and three lawyers who
The New York herald., 1872-12-25
THE RING FRAUDS.

Motion to Quash an Indictment Against
Hugh Smith Granted - -Interesting
Opinion or Recorder Hackett.
Yesterday, In the General Sessions, Recorder
Hackett fled with the Clerk the suboined decision
granting the motion to quash the indictment
against Hugh Smith and Others
1t will lie remembered that this motion was
rgucd early in the term, and that Mr. Peckham
stated that II his Honor had any doubt In ref
erence to the legal questions involved, the motion
to quash might be granted and then other indict-
ments could be prepared.
RECORDER HAcKETT's DECISION.
at what IS styled the extended November Of is7
upon Il by The prosecution, were the defendants
Se S Ss on hs S @
ton ana moved TO qash the Indictment During the argp
ingrsham, Brady and Leonard soncarTins decided II
the q the ieNpe vs. sTssnaa ha the
months Am clearly bound by their DECISION Il y true
but the mnaies Of the Grand Jury proceed
eesay f for me to epoaSer decide The
ther any statute could impar LEGALITY to an existing NE:
s fsstsa SH hs ground alone qassh shs lndlst
@aas6ns s ns' TIE framed Ss conspiracy
and the defendant Is charged with having conspred with
doe does Gsosss Within wsS are
Ts ane eS"S is he lsssoS q
The revised statutes declare that no conspracies other
than those therein ! mentioned a could be pun;
by the people that this subsequent statute OF 1853 in
effect creates conspiracy to commit cheat and
later statute creates offence the mock auction one
In the only reported arising under this statute Qeo
pie Ranncy q n. Y: RI that eminent nrlst Justice
eonsppaey 81 poons hsq @ &c
vised Statutes above quoted Win those pro sions some
statute must sxpresgy create any never eohspr%acies %
that the allegations set forth In the indictment against
several other OF the codefcndants when those aega
tons substantiated by evidence, will make out
the pleading find single overt act alleged against the
defendant Smith, as done by hun. Nothing Is better set
tied among the elementary principles than that when
you charge With cheating or dcfraudng that the
story against him such story does appear connecting
together several of the codecndans but not the defend
ant This indictment reads to me AS II the pleader had
set out to connect the defendant. Smith, with the overt
with them, and then had forgotten to strike ont the de-
fcndants name from the preliminary and summing up
portions OF the Indictment Even had the indictment
ason sfen % the for SnssiS secn e
vised Statutes this difficulty would be increased
because the conspiracy Is for doing a lawful
ant Wharton section 23lD: II this defendant has COM
mod offence 1t Is deeply to be regretted that urs
dctiona mistakes AMI sovenly pleading should delay
and indeed it Is better to condemn faulty pleading in
ine than after trial. because such course saves trial
expense and allows The people to remedy the detects
Of indictment by preparing another and better one
against the defendant, Hugh Smith, upon both the
grounds have stated
The New York herald., 1872-12-25
BUSINESS IN THE OTHER COURTS
SUPERIOR CouaT-sPEClAL TERM.
Issuing An Execution After Death With
out Notice to the Heirs.

Issuing An Execution After Death With.
out Notice to the Heirs.
Before Judge Curtis.
Oliver Johnson died IN this city In 1852, leaving
considerable real estate and no viii. About q
year before his death a judgment was recovered
against him which became, as alleged, vested in
Thomas Harkins. As he died without issue, 1t is
claimed that his estate descended to William II.
Beard. Leave was obtained from the Surrogate to
issue execution upon the Judgment and no notice
OF such application was given to the heirs. The
Sheriff sold, under the execution, number OF up
town lots which now are OF great value, and the
matter it now stands involves the validity Of the
title of the purchasers. motion was made In this
Court to set aside the execution and all proceed
ings thereon as irregular and void. Judge Curtis
yesterday gave an elaborate opinion IN the case.
He denies the motion, but without costs and with
out prejudice to the right OF the applicant TO bring
an action ana obtain an adjudication OF his COSTS
Appeal from a Verdict Against the Third
Avenue Railroad Company.
Some time since, as will be remembered, Thomas
Hamilton obtained verdict Of $500 against the
Third Avenue Railroad Company on account OF his
ejectment from a car through not having check
after leaving another car at the depot and refusing
to repay his fare. Execution served on this
judgment and motion made to stay proceedings
in order to enable an appeal to be taken. The
General Term having affirmed the verdict in the
lower court Judge Cur tiS, before whom the case
was brought, granted the motion, and SO the case
goes before the Court Of Appeals
The New York herald., 1872-12-25
APATAL RUNAWAY ACCIDENT IN BROOKLYN

Two Horses Attached to . Hack Dash
into the River and Drown . Woman.
A New York hack, driven by one William Gal
lagher and drawn by two horses, containing a fc.
male passenger, went over the dock at the foot OF
Washington street. Brooklyn, and into the river
shortly before one O'Clock yesterday morning. The
driver had been thrown from his seat at the corner
OF Washington street and Myrtle avenue and the
horses, taking fright, rushed madly down the street
the woman screaming Tor help on the DEATH ride
and Police Ohlcer Kce rushing wildly but vainly to
check the anrighted animals. The horses, with
the vehicles human freight, were soon strur.
glin2 In the Icy waters OF the dark
river. In few moments several policemen were
summoned to the scene Of the disaster and did ali
In their power to rescue the woman and the horses
The vehicle, with the punging animals, had noated
twenty feet distant from the dock, when Sergeant
Cain and two patromen procured rowboat and.
pushing their way through the ice, were soon by
the wreck. Ropes were passed under the coach
and IL was righted, being upside down when they
reached the spot. The doors OF the coach
OF. the woman, VINO was about forty years
old and was richly attired, wearing dia-
mond ornaments, was taken out and conyeyed
to the York street station house, The driver stated
that nc mad been employed to drive the deceased
whose name was Mrs. Hattie Adams from her resi-.
pany with Brooklyn gentleman, from her dwell.
Ing to Brooklyn. lie declined to give the name OF
the individual whom Mrs Adams was SO anxious
should reach home In safety. In the left stocking
oil deceased was found at the station house the
sum Of S209. She was well known courtesan
and was conspicuous as o constant attendant at
the Prospect Park. Race Course. The coach and
horses were owned by Tilton h Jamson West
twenty ninth street. who estimate their loss at
$1,000.
The New York herald., 1872-12-25
QUARREL BETWEEN DOCTORS.

It's Rcsults-Tr0ublc and Extra Expense.
On Monday afternoon Coroner Young received
information from the Board OF Health that Mrs.
1AA".~ ---~., --.-.. $3.50 of age who lived
near the corner OF Ninth avenue and i65th stree,,
had died on the 21st inst from 'puerperal fever
and unwarranted criminal neglect by previous
medical attendant" as certified to by Dr. John U.
Bronson, OF 150th street. DR.. rockingham was
first called to see Mrs. Brady, and prescribed for
her but, owing to the multiplicity OF business In
his special line OF practice, he informed the hus-
band that he could not attend to the case, and
recommended him to secure the services OF reput-
able physician at once. DIR. Bronson was next
called, and attended Mrs. Brady till she died. after
which he gave the certificate In which
DR.. rockingham stands charged with criminal
neglect. In anticipation that the certificate would
be accepted by the Health Board the relatives
ordered the funeral ceremonies for Monday after
noon, and no less than fifty sixty carriages had
been engaged for the benefit Of the relatives and
friends OF deceased, and were in waiting at the
hour appointed; but, owing to the rejection OF the
certificate, the casewas referred to the Coroner
for investigation, and before that Ofilcla could
reach the place 1t was quite too late for the funeral
There leally was nothing OF criminal nature con-
nected with the death OF Mrs. Brady; but, owing
to the unprofessional and unwarrantabe tilt be-
tween the attending physicians, Mr.. Brady was
subjected to unnecessary expense and delay In
burying the remains OF his wife, Or. Bronson will
be summoned to the City Hall for examination,
which Will tend TO show upon what he bases his
charge OF criminal neglect against Dr. rockingham.
The New York herald., 1872-12-25

parlor; he did not say word; did not hear the
testimony OF Thomas hart; I'm sure stokes did
presence; searched the prisoner in places where
he would likely have pistol, but did not md
any.
10 Colonel Fellows-I have been on the police
force for the last ten years. when speak OF the
arres. Q, tae pTisUner t auue ~ wnea So sSot cnn @
versation II any, was had with the prisoner before
got there; did consider 1t my duty to take the
Colonel Fisk; there was great excitement ut the
time and was anxious for the safe custody OF the
prisoner.
the Court was adjourned till Thursday morning.
The New York herald., 1872-12-25
SUPREME COuaT-cnAMBEHS.
Before Judge Leonard.

nj
which have been published In the HERALD, was
yesterday submitted TO the Judge. The controversy
is as to the custodianslip OF Lizzie Dugan, o girl
fourteen years old. 1t will be remembered that
when the case was first brought before the Court
Mr.. Dugan assaulted Mr.. Rittner, Mrs. Dugan and
Mrs. Ritner after the parties left the court room
Mr. Rittner is said TO be paralytic from the effects
or the injuries he sustained and his life endan-
gcrcd. The Judge promised to give his decision as
to the custody oil the child within two or three
days.
Decisions.
Mitchell VS.. Smith ct al.-Let all the mortgaged
premises be sold and the PLAINTIFFS mortgage with
COSTS taxes and assessments be paid, the proceeds
and the surplus be deposited to the credit OF the
action with the American Trust Company.
Frederick Stoltz vs. Emma Stoltz.-Case referred
back to referee.
The New York herald., 1872-12-25
coJaT or COMMON PLsAs-speclAL resm.
Decisions.

BY Judge Larremore.
In the matter of the petition OF James Morgan,
f0reigner.-Appllcation granted.
Johnson vs.. Vanderlip.-Motion granted.
Borden vs.. Gerson.-Motion denied. Costs to
abide event.
Pittsvs. Ptts.-Resettlement OF issues ordered
D0scher VS.. SchwartZ.-Order settled.
Althof vs. Richards.-Reference ordered.
Tharir vs. Novas.- Injunction denied.
Pitny vs.. Sibly.-Preliminary objection overruled
by Judge RoblNson.
Christy VS.. Sibly.-Findings fled.
The New York herald., 1872-12-25

CONTINUED ON NINTH PAGE.
The New York herald., 1872-12-25

two years; was there on the 9th OF January, 1872:
am cousin to the proprietor OF the house; Mr..
Fisk had thrown or his outer coat.
Witness was shown coat, but he could not
ed In removing from Fisk.
In contnuation-As the clothing was removed 1t
stairs afterwards; the clothing was q very little
stained with blood; do not Know who removed
one else assisted me in taking the clothing from
the person; heard what was said alter Stokes
had been brought in; the officer said To Fisk,
Fisk replied Eyes, that is the man. meaning the
prisoner; said, who is that mans..' and the de.
ceased replied, THAT Is stokes;'' started
up stairs rom the Office to ascertain who
had been shot Immediately after hearing the shots;
! saw saw man come down stairs rapidly almost
the prisoner here present as that man.
On cross-examinaton-rher was lady board
name Of Mrs. Benton; Doctors Fisher and Tripler
were attending Mr.. FISK alter he had ieen shot;
az started from the once saw the prisoner. but
cannot say whether passed him or not
Captain Byrnes rccaled-Ater ] received the
pistol from Mr.. Crockett showed 1t to several
people In the hotel.
Colonel Fellows said his object in asking the
question was for the purpose OF accounting ior q
the witness and MI II l. Powers
witness showed the pistol 10 Mr. Powers
OffiCer McCadden-I am attached TO the municipal
police, under Captain Byrnes was at the station
house on Mercer street at the time OF the shooting
OF Colopel FISK; was calleu 10 tne Hrauu Cenlral
Hotel in an Official capacity; when ] got to the
main hall saw q man surrounded by crowd,
who. II was said, had shot another; no person had
him actually In custody; searched him, but found
no pistol took him up stairs TO room 207 first;
found Mr. Fisk was not In that room and took him
TO the apartment in which the deceased was; !
found Colonel FISK on sofa; took Mr.. stokes
right In front OF the Colonel and said, "Colonel, Is
this the man who shot yoG ~ Tue ,sc5asS., rs-
piled "Yes,u and no more; didn't wait any
longer but took Stokes straightway to
the station house,; Sergeant Christy was
In charge, and to him l made q statement;
had hold OF the prisoner as went up stairs.
cross -exainncd-l was not at the hotel ut the
tine OF the shooting; l arrested stokes near the
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1872-08-16

ssY- If, with all their fuss and feathers
with their corruption funds, their orators
and their other electioneering machinery i'm
ported from other States--the Democrats
cannot carry a State election in so great a
stronghold of theirs as North Carolina has
been, how can they reasonably expect to carry
that or any other Southern State at the Pres
idential election, when their political sharp
ers ana harpies in other States will have to
stay at home to vote? Does not the result
in North Carolina demonstrate pretty
conclusively that even the Southern States
cannot be relied upon for Greeley? And if
the Democracy are powerless there, where
the very life and hope of their party center,
how can they hope to make any effective
show of strength in Northern Republican
Statesg In short, does not North Carolina
teach them, thus early in the campaign,
that even Horace Greeley can't rescue their
eGete old party organization from its "mani-
fest destiny ?''-Cbicdgo Journal.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1872-08-16
General News Summary,
THE OLD WORLD.


Seventeen thousand emgrants sailed from
Liverpool for America during July.
The Paris lie Temps Of the I'd is inclined to
doubt the authenticity of the Livingstone
letters published by Stanley. It quotes the
opinion of the German Geographer, Kiepert,
who discovers various geographical blum
ders in the letters. He thinks part Of the
narrative was invented by Stanley and hence
the whole is valueess, and hints that it is
possible Stanley never saw DR.. Livingstone.
The New York Herdld's London dispatch
of the I'd has letters received by Stanley
from Viscount Enfield, Earl Granville and q
son of DR.. Livingstone. Lord Enfield, in
the name of Earl Granville, acknowledges
the receipt of letters and documents from
Livingstone, delivered by Stanley to her
Maiestys Ambassador at Paris for transmits
sion to the Foreign Department. Earl Gran
vile says in his letter that he has no
doubt of the genuineness of the letters
purporting to come from Livingstone.
Livingstone's son says he has no doubt that
letters and papers brought to him by Stan
ley are from his father.
DR.. Houard has forwarded claim for
damages for his imprisonment by the Span.
Cadiz. His claim will probably come before
the Spanish America Commission sitting at
Washington.
A Geneva dispatch OF the 9TH says no con-
idence whatever is to be placed in the ru-
mors which are published from day to day
of the decisions of the Board of Arbitra-
tion. ''The strictest secrecy is enjoined on
and maintained by every person connected
with the Court, to prevent the premature
publication and improper use of news in the
stock markets of Europe and America"
A Madrid telegram of the 5th announces
that King Amadeus had arrived at San Sc
bastian, in the province of Guiposca, and
met with a warm reception.
On the 9th six fishing vessels were cap
sized during severe gale on the English
coast, and all on board perished.
Ex-Emperor Napoleon has gone to Bagnar,
a seaside resort in Sussex.
The italian municipal elections have re-
suited favorably to the Liberal candidates in
nearly every instance.
The Spanish Cabinet has submitted the
draft of bill to King Amadeus for the abo-
lition of slavery throu ghout the Spanish Do
minions.
Some excitement existed throughout Ire
land on the 7th, over the report that gold
had been discovered near the town of Kin
sale.
\ severe storm on the 7th caused much
damage throughout England. Several per-
sons were struck by lightning and killed.
After Il full discussion of the question, the
English House of Commons have rejected
the bill to abolish capital punishment by a
majority of 113.
A Geneva telegram of the sth announces
that the Board of Arbitrators had adjourned
to the 14th, and says it was confidently
hoped that the labors of the Tribunal will
be brought to a satisfactory conclusion by
the 18th of September.
Owing to the prevalence of the rinderpest
in Germany and Russia, the Belgian Govern
ment has issued an order prohibiting the i'm
portation of cattle from those countries.