davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-06
MkEIkE CCuRT-3PECtAL TERM.
Interesting to Parties Doing Business ~
New York and Non-Residcnts.


Interesting TO Parties Doing Eusisess in
New York and N0n-Re esidcnts.
Before Judge Tracy.
Cornelia Blakeley vs. Ira +. Doying.-rbis is an
application 10 discharge or vacate an attachment
issued from this Court on the ground that the de-
fendant was at the time or the application for the
same nonresident OF the city Of New York. The
defendant now seeks 10 nave the attachment set
aside for the reason that he is not within the mean
ing OF the attachment laws nonresident. He
admits for other purposes that he is resident OF
Huntington, L. l., his family reside there and
ne visits them and sleeps there at least
three nights in the week, but claims
that as he conducts his business in this
city and sleeps here four nights In the week
he Is not nonresident within the statute author
lzing attachments to issue against nOn-residents.
On the defendants own showing think the Court
would be justified in holding him nonresident; !;
but the numerous afiidavits Of the plaintiff in 0p
position to the motion puts the question OF n0n-
residence beyond dispute. Under the attachment
laws applicable to this Court man may be nOn-
resident Notwithstanding he carries OH business IN
this city, keeps his bank account here and sleeps
here several nights in the week. Counsel for de-
fendant, to support his motion, cites the case OF
Towner VS.. Church, 2 Abbott, page 200. think
this Court should be governed by Murphy vs.. Bald
win, IL Abbott, new series. page 407, as well as
Barry VS.. BOckover, Abbott, page 37S; Crane vs..
Wilson, Abbott page IS, and Lee VIZ. Stanley, 8
HOwardS Prac. Rep, page 272.
Motion to vacate attachment denied, with costs.
The New York herald., 1872-12-06
ROWING IN ENGLAND.

Addy and Bagnan in Their Second
Scullers' Match-Sharp Work-Bagnall
the Winner by n Foul.
From the London Sportsman, Nov. 2o.l
NEWCASTLE, Nov. 10, 1872,
The second Of the two scullers atches between
Robert Bagnall, Of Newcastle, and Mark Addy, OF
Manchester, came of on the Tyne to-day, and re-
suited in favor OF Bagnall upon foul. Our readers
will remember that Bagna defeated the Manches-
ter sculler in the first Of the brace of contests upon
the Thames fortnight ago, and the match OF to-
day was for the same stake, the sum at issue being
a1Oo side and the course one mile in length. The
stsrting point was ninety yards below Paradise
quay and the finish at the Scotswood Suspension
Bridge. Mr. Hugh Patrickson was referee and
Mr.. J. Benkinsop distance Judge. The competing
oarsmen took ship at four o'clock, when thin
mist was creeping down the river and when the
tide was already beginning 10 turn. Bagnall won
BERTHA great advantage. Betting commenced at
to on Bagna before gong on board the 0ficial
steamer, but afterwards to 2 was taken ana
nall were laid. The Tyne man was shown up by
James Taylor, who was in an eight-oared cutter;
and Harry Kelley, who was also in an eight, p0ted
Addy. Bagnall got the best OF the start, his boat
showing two or three feet in front; but Addy,
stroking forty-two, at once rushed up to him. and,
when hundred wards had been covered, was In
possession OF slight lead. He then began TO come
across towards his man in the old style, and, Bag
nall giving way, Addy increased his lead to three
quarters or length when q quarter OF mile had
been covered. By this time they were so close to-
gether that ionl was inevitable, ana Addy
who was long way out or his water
touched Bagnallis right-hand scul with his left
twice. Then he left Off a bit, when Bagnal put
ting on splendid spurt rOwed right up level
Addy then began to wear In again, and this time
Bagnall, who was leading two or three feet, caught
his left hand scull with the blade OF his right and
tilted him completely over. Addy's boat capszed,
and Mark clung to 1t until rescued by Bagnalls 8
cutter which picked HIM up and took him on board
occurrence took place. and Bagna, going on, I'm.
ished the distance at leisure. Afterwards Bagnall
claimed the race on the first foul, and the referee,
after hearing evidence decided In his favor, as, IN
deed, he was bound TO do.
The shores were crowded with spectators, an ana !,
six steamers, all heavily freigbted, accompanied
The race.
The New York herald., 1872-12-06
THE CoNsT1TUTI0NALITY OF THE
INCOME TAX.

Liability Of state Omccrs TO Pay Taxes
ON Their IncOmcs-Suit of Judge John
j. Freedman The United States
Case Argued and Decision Reserved.
In the United States Circuit Court yesterday an
interesting respecting the liability OF the sala-
ries OF State officials to pay income tax heard
before Judge Shipman. General Franz Sige, when
he was Assessor OF Internal Revenue, demanded
from Judge John J. Freedman. OF the Superior
Court, sl62, assessment upon his Official sal.
ary Of $4,000 year. 1t was contended that the
salary was taxable under the act of Congress en-
forcing the payment Of income tax. Judge Freed
man paid the money under. protest, and
appealed to the Commissioner OF Internal
Revenue, who, for more than six months
neglected to pay any attention to the matter. The
time within which the Judge was allowed by law
to wait for the Commissioners decision having
ended, the Judge instituted suit in the United
States Circuit Court against General Sieel 10 re-
cover 1882, and on yesterday the cause was heard
before Judge Shpman. Mr. Il. Fitch, counsel for
Judge Freedman, maintained that 1t was unconsti
tutional to demand income tax out OF the salaries
OF state officers, and that the money paid as in
come tax by the Judge under protest should be
refunded him. Mr.. Emerson for the government
TINS being In fact q suit against the government
said that under recent decision OF the Supreme
Court no tax could be levied upon the salary OF a
state Official II paid out OF the State Treasury but
could be levied II the salary was paid from the
county find.
The Court took the papeIs and reserved do ciaion
The New York herald., 1872-12-06
UNITED STATES SUPREME COURT.
Is a Power of Attorney Made by Luna
tic Valid :-Trustees OF CoIOrcd Bap-
tist Church in Hot Water.
WASHINGTON, D. c., ID,

WASHINGTON, D. c., Dec 5, 1872.
No. !. Dexter vs. Hall ct al.-Error to the Cir
cult Court for the District Of California. The
grantors OF Dexter, having acquired possession of
real property In San Francisco purchased the fee
Of the property from one Harris, who had been
given power OF attorney to sell 1t by the owner,
then lunatc, confined in an asylum near Pha-
dephia. The heirs OF the owner, John Hall, lieu
tenant in the navy, asserting that the power
OF attorney made by their father when q
lunatic was void and that no considera-
tion was ever realized for its execution
brought this suit in ejecment to recover the prop.
erty from the grantees OF the purchasers under the
instrument. The verdict below established the
the Judgment was for his heirs. The cause was was
brought here and was argued at the last term.
subsequently the Court ordered a reargument on
the questions whether, nrst, power OF attorney
made by lunatic is void or voidabe, and second,
whether the deed given In pursuance OF the power
argued the plaintfr IN error maintaining that the
power OF attorney was not absolutely void but
simply vOidable and that the parties paying valu-
able consideration for the deed anG taking with
out notice the conveyance would be sustained.
The defendants contend that there could be no au-
sequently ali conveyances founded upon the power
of attorney were void as that instrument itself.
Roscoe COnkling for plantiffs IN error; McAliser,
Pike Galpin ior defendants.
No. g. Bouldn ct al. vs. Alexander ct al.-Appeal
from the Supreme court of the District OF Colum-
bia-This was a suit in equity brought by Alex
ander and others against Bouldin and Others to
have determined which OF the parties were
Trustees Of the Third Coored Baptist church OF
Washington, and as such officers entitled to the
possession and custody of the church building ana
property; and whether deed by which Bonldin
conveyed the land on which the church Is erected
to Alexander and his co-claimants was defective.
The decision below was in favor OF the plaintiffs
there, and it Is here cOntended that on the facts
nfo1
the questions involved. More and Riddle for ap-
pellants; Thomas Wilson for appellces.
The New York herald., 1872-12-06

made before Judge Leonard at supreme Court
Chambers, on behalf OF Mrs. King, for the custody
OF her children. Pending the proceedings for
divorce between Mr.. and Mrs. King the children
were assigned TO the care OF Mr. King. The trans
fer OF the latter the City Prison 10 await an ex
animation upon the charge OF murder preferred
against him left the children without guardian,
and hence this application by his wlle. Judge
Leonard yesterday gave mis- decision In the case
JUDGE LEONARD's DECISION.
Mrs. King must take the custody OF the children.
They must be permitted to visit MI. King once
week, when theii health and the weather VIII, 10
Mrs. Kings discretion allow, with suitable at
tendant selected by her and paid by Mr. King.
Visits TO be OF TWO hours if Mr.. King wishes.
The New York herald., 1872-12-06
THE KING-0'NEIL TRAGEDY.

About the Custody Of Kings Children
Wrs. King 30 Have the Charge or Them.
but They Can Visit Mr.. King in Prison.
Close upon the heels OF the King ONei tragedy
II VIII be remembered that ON application was
The New York herald., 1872-12-06
SUPERIOR CougT-SprCIAL TERM.
Decisions.

Decisions.
BY Judge Curtis.
jeremiah .. Lane vs Anthony p. Sntter ct al
Motion granted on payment OF defendants costs Of
opposing.
William Koenig vs.. Adam Steckel ct al-Com
plaint dismissed.
By Judge Barbour.
John ]. Nolan vs. Alfred w. WimOnt ct al.-Mo
tOn denied, with $40 costs.
The New York herald., 1872-12-06
COURT or APPEALS CALENDAR.

ALBANY, N. Y, Dec. 8, 1872
The following Is the day calendar OF the Court of
Appeals for December 8, ls72:-Nos. 1853, 1884, AGO.
49l s6S, $50, $40, S7l.
The New York herald., 1872-12-06

stand il charged with similar crime, and was enu
tied only TO the same justice and eoDsidcraton.
:. The 'fiff<s& he5ripe sof the trial then ad
Iourned unit this day, when Nj. fieid viii reply
fOr The defendant.
The New York herald., 1872-12-06
CovRT or coMM0A PleAs-spfClAL TERM.
Decision

BY Judge Robinson.
Hildreth VS.. Acknowledgment for defendant,
with costs. Findings filed.
The New York herald., 1872-12-06
IN THE OTHER COURTS.
SUPREME COURI-clacW1.
Decision.

BY Judge Van Brunt.
Nathaniel West vs. Second Presbyterian church
OF Brooklyn, n. Y.-Judgment for defendant.
The New York herald., 1872-12-06

The following resolution relative to the death Of
Horace Greeley was also presented by the commit
tee for adOptiOn:- -
Resolved That the death Of Horace Greeley lament
the loss OF OF great founders fmodern
who has done create that wonderful social and
political institution; public man OF inmense and rare
inteec ual welded with intense energy OF
conviction objects which he believed to be the
good OF mankind private citizen virtuo9s in aii ne
deeds the crownng glory of whose will remain;
that since the conflict OF ceased he has ntcx
ibly stood for complete reconciliation among the
people and further
Resolved That while feel profound of public
calamity in the event depore, condOle with his
relatives in their aliictng bereavement.
unanimously, and adjourned until next Thursday
night.
The New York herald., 1872-12-06
History Of Jay Geusd's Resignation The
Election of Generals Dix, Mcclellan
and Others 10 the Erie Direc-
tOFy-G0uld's Release.
TIE INC Q ME- TAX.
Constitutionality Of the Income Tax
Tested in the United States Courts
Judge Freedman Objects Case Ar
gued and Decision Reserved.
THE KING-o'NEn TRAGEDY.

Mrs. King Applies to the Court for the
Custody Of the Cbildren-The Applica-
ton Granted-The Children Permit
ted to Visit Their Father In Prison.
The New York herald., 1872-12-06
THE COURTS.
TEE CASE OF WIN. M. TWEED.

Another Day Of Sound and Fury Signifying
Ncthing-O Continuation Of Argument to
Quash the Indictment The Change
Of Judges to Try the Case
Tremain in Replyt to De-
fendant's Counsel.
The New York herald., 1872-12-06

Ill
simply arraign the defendant. he could not see the
force Of a criticism upon them for endeavoring
to discharge their duty. What could they do
learned counsel Should they go down on their
bended knees, with obsequiOus manner, and ask
the honorable defendant whether he would be
Il would be convenient for him to plead to the in.
dictment that this impudent Grand Jury had
thought ft to bring against him They had be-
lieved that this defendant was In oniy the same
position as any other defendant against whom a
Grand Jury had laid an Indictment for a great
offence. The Attorney General, he was sure, would
the counsel for the defence; these aspersions
would carry no weight outside OF a very limited
circle, for he could sustain himself by the knowl-
edge that he was only doing his duty He con.
tended that his friend had every right to be pres.
ent with the Grand jury and the Introduction of n
prosecution only altered the common law so far as
the statute altered IL; and when the common law
said q private prosecutor had q right to appear
and be with his witnesses he demanded TO Know
where the statute was that changed it. In com
mon law prosecutor had a right to be present.
and this merely to alleviate the conlict that had
grown up In many cases between the prosecutor
and the Grand Jury, and, SO fan. as any case
could be present with the Jury except e,t
at their deliberations and the casting
Of their VOTE SO much for the alleged itregularty
and so far as the allegation about the certificate
charged. His friend has spoken OF larceny. How
could 1t be larceny when the defendant did not
take TIE money But u was iorgery.a paper
signed by all the parties; bnt he denied that there
was any Court which charged more than one
OFFENCE, and IN setting out any particular offence
II was quite competent to set out that the party
had been guilty OF other similar 0fiences AS re-
garded the audit, there was nothing in the statute
II was true, setting forth how IL should he made
out ~ was certain that tbat duty had been neg
kctcd. lie held that there was no ground mon
which the Court could quash the Indictment, and
SAID u must be remembered that tie defe ndant
slooa ~ the same POSITION ae anyone cJse would
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21
wv II E A T S E Z D n G..
REDUCTION IN PRICE.

We again present to the agricultural commu.
nifty our Fertilizers with renewed confidence, rs
equal if not superior, to any manure offered tor
all crops, not excepting Peruvian Guano. I ear
by year their value has become more manifest,
US demonstrated by largely increased sales, and
we challenge any brand to show more satisfac-
tory and uniform results. Confning our manu-
facturc to materials of highest standard, as
proved by analysis we claim like results in all
time. On the Wheat crop the testimony is Of
unqucstionable character. We respectfully call
attention to our popular Guano, known as
GENUINE PHOSPHO-PERUVIAN
GUANO,
made of the highest standard of Peruvian Guano
and Bone Phosphate of Lime, with Alkaline
Salts of Potash, Soda, &c.
BRANDED AA
Containing 6 G. to 8 per cent Ammpia ann Bh, ;,o
Potash, Soda, sc.
Beautifully prepared and adapted to the Drill,
in sacks Of | to the ton, OF INO pounds,
and sold at $50 per ton-furner-
ly so per ton.
The character of this Guano is so well known
as to need but little further commendatlon from
us. Used f,r many years 1t has become favor
lite with all consumers, and 1t only requires a
trial to convince all of its value. The Ammonia
and Bone Phosphate being in rational proper
tions, il can hardly fail to render satisfaction,
improving the quality and increasing the crop
it adds one other most important essential in the
permanent improvement of the land-in this
particular we question whether il has its equal.
1t acts wonderfully upon the grass crop, and to
such an extent rs TO bring Impoverished lands
up to a high state of fertiity-equalhng Bone
Dust Sucn is the testimony of many accom-
pished planters. We beg the closest investiga-
ton as to the integrity and manufacture OF our
compounds, and earnestly invite all consumers
to inspect our works, material used, and mode OF
G. ODER s. SONS, Baltimore.
HOOE s. JOHNSTON, Agents,
aug 2S-tf Alexandria, va.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21
BOOK AND STATIONERY STORE,


very low prices, for sale at
FRENCH'S
BOOK AND STATIONERY STORE,
No. 95 King street
A gent for the Patent NOISELESS RUBBER
CORNER SLATE. No more scratching o
desks no noise; no breaking Of states; the best
slate in the market
LIQUID STATING for b!ackboards; pints
CHALK CRAYONs, all eolors.
DRAWING, EXERCISE and COMPOST
TION BOOKS, all sizes.
BOYS and GIRLS SCHOOL sATCHELS,
FABERS DRAWING PENCILS, in boxes.
FRENCH PASTILES, all colors.
FINEST WATER COLORS, in boxes, from
THE SILICATE BOOK SLATE. all sizes,
| from the Pocket Memorandum to the largest
size for schools.
SCRAP BOOKS, all sizes and styles.
FINE GOLD PENS speciality. keep the
pens of three of the most celebrated mall kcrs in
this country. The new short rib is particular
| ly excellent pen for schools
INk-On hand from eighteen different manu-
facturers, English, French and American; all
sizes, from OF. to quarts.
Thaddeus Davids & Cos. and others MUCl-
LACE, quarts and pints, and all sizes down to
the small est. .-
Fifty different styles of STEEL PENS, Eng
lish, French and American.
Ali sorts and sizes of INKSTANDS and
RULERS
DRAWING PAPERS, in sheets and rolls.
RUBBER BANDS all sizes and widths.
FABER'S PENCIL RUBBER and INK
ERASER; very fine article.
Agent for SCHEDLEK'S GLOBES, adopted
by the Public Schools of Virginia
PATENT BOOK CLAMP for boys and girls,
a very neat and handy thing for carrying books.
THE SCHOLARS COMPANION is a neat.
ly painted tin box, containing Pen-hoider, Lead
Pencil and Slate Pencil Ruler, CrayOn, Sponge
and Rubber; very complete. pc.
The new Nile Green and Violet VISITING
CARD is the gem of tie season. All the new
styles long and square White French Brist"!
and WEDDING CARDS. in boxes of 81 each {;
mailed to any part of the country on receipt Of
25 ceuts.
Eight different styles oc INITIAL NOTE,
French, English heavy, Rose Lavender, Flesh,
Nile Green, Violet Note Letter und Cap Paper.
Sermon Paper, all grades, sizes and styles.
Flat Letter Flat Cap and Folio Post, for
prHtcrs use, all weights
PRIN TERS' CARDS and BLANKS, all
sizes, at manufacturers prices.
BULL HEADS, skies, fourths and half Sheet
Il and II lbs to the ream
COPYING BOOKS, 9x1l and l0xl2; 800
500, TOO and 1000 pages each.
ADHESIVE FILES and Invoice Letter and
Bill.
CASH and POST OFFICE BONES.
The largest stock Of BLANK BOOKS IN this
section OF the country, consisting OF Cap, DENY
and Medium Ledgcrs, from 5 TO 10 quircs each; ;
full bound and journals to match.
a very complete stock of half-bound Blank
Work, Day Books and Ledgers, Pass Books
and Memorandum Books.
CHECK BOOKS on the First National and
Citizens National Banks of Alexandria; new
plates just engraved; the handsomest check in
each cheaper than common printed checks.
l make speciality Of fine TURKEY MO
ROCCO and RUSSIA LEATHER GOODS,
comprising Travelling gs, Satchels, the new
popular Belt Sstchel, Pocket Books and Card
Gases; very handsome.
BANKERS CASES, all sizes.
Time and space forbid further enumeration
of items, which together form one of the best
stocks of frst-class goods in the State
aug3l GEO. E. FRENCH.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21
PACIFIC GUANO COMPANY'S
SOLUBLE PACIFIC GUAN0
WattIes, Knox & Co.,
ALEXANDRIA, VA, AGENTS FOR 90.
Capital $I,OOO,OOO.

The use of this Guano since its introduction,
in 1864, and the annual increase Of its consump-
ton from few hundred tons the first year OF Its
tcstation to lis value as an efficient agent for the
increase of the products of agricultural labor, as
well MS to the integrity of its production.
The large capital invested by this Company IN
this business and its unusal facilities, enables it
to furnish fertilizer of the highest excellence
at the lowest cost to consumers.
1t is the policy of the Company to furnish the
best fertilizer at the lowest price, and look to
large sales and small profit for reasonable re-
turns on capital employed.
This Guano is sold by Agents OF the Company
in all the markets Of the Middle, Southern and
Gulf States Price $50 per ton Of A(O0 lbs.
aug 2S-2m WATTLES, KNOX s co.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21

\ REMARKABLE DoG.-We have a dog ID
our town that has been regular attendant upon
ali the services at one Of our churches LOT Tue H
last ten or twelve years. Whenever the otll
rlngS-whether for morning, evening OF nisnss
smse 1h,a repagj ana aua ordery until the
grcgaton oisi IS dismissed We saw him last Sun
day. nearly blind as he is, reeling up the aisle OF
the church to his accustomed place.-Iheckle"-
durg Sentinel.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21

vEsTINGS, CLOTHS, s.

VASSIMERES, VESTlNGS, CLOTHso 1c
We have now prepared for inspection the
largest and finest stock of the above, and IN the
greatest variety of styles and colors, that we
Rave ever opened. The best brands of English,
French and German Cloths Doeskins, Sultings
are such that we can furnish any kind of suit,
from the ordinary business to the finest Broad
Cloth, at very little more than they would cost
ready made guaranteeing satisfaction in all
cases All that we ask is an examination of our
stock.
sep 18 WITH Elk q SLA NJ AhEh.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21
DHILIP Pa Ri,
CPklNG TRADE.
NEW MUSICAL GOODS.

Just received a new assortment of fine double
and single reed GERMAN ACCORDEONS-
the same that have given so much satlstacton
More of those CHEAP V1OLlNS, from 81 d'
to $500, of good tone; Guitars. Violin Bows
Harmonicos, Jews Harps, fine BanJoes OF my
own make, and everything usually found IN d
regular Music store.
desire to call attention to my large assolt-
ment of Violin and Guitar Strings, of my own
importation; better in quality and cheaper than
any offered heretofore, comprising genuine ltal-
ian French and German Strings at Wholesale
and retail.
Always on hand fine new and secondhand
PIANOS for sale or rent
Smiths superior Parlor and Church Organs
I am agent for VIM. knsbe s. Cos. Splendid
Pianos, offering them for sale at factory prices
md or accommodating terms usual IN other
cities. o,oo.
stock always on hand I will supply any Music
nnblished upon being furnished with the correct
pame OF the piece and composer thereof. The
,,snsI discount to teachers and schools.
Music and Strings sent to order by. mail All
kinds of Musical instruments repaired, tuned,
Terms always cash. with the exception of those
mutually agreed upon for Pianos and n organS ans
au 4-tf ' :. -.-1--o--~---- -
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21
TERTILIZERS FOR THE FALL TRADE

FERTILIZERS FOR THE FALL TRADE.
NO. PERUVIAN GUANAPE.
MOORE'S HALF AND HALF"
BUSEY'S EXCELSIOR
SOLUBLE SEA ISLAND.
THOMPSON s. EDWARDS FINE BON h.
BONE DUST, warranted pure.
GROUND PLASTER, &c, &c.
HERBERT BRYANT,
aug 26-1m No. 25 King ST., Alexandria, Va
GRASS SEEDSl GRASS SEEDSl
NEW TIMOTHY SEED
CLOVER, ORCHARD, HERDS and
KENTUCKY BLUE GRASS.
All of which will be sold at lowest market rates,
wholesale and retail for cash.
HERBERT BRYANT,
aug 26-1m No. 25 King St, Alexandra, Va:
FERTILIZER
Io5 tons No. PERUVIAN GUANAPE
landing from schr Eclipse, Capt Nelson. For
sale in lots to suit purchasers by
' b. H. LAMBERT,
auo 22-coGw Is Union wharf
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-21

DURE GROUND and WHOLE SPICES 5 TO r
L sale by [sep l6l j. G. MlLbOhN'