davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-26
HERALD TUESDAY, 26 SHEET

known to be Incorrect IL would be found In the
irst paragraph, and was to the effect shat Louis
B0nard native or France, died on the 20th OF
February after having duly executed his lass VIII,
dated the 14th February 1871, which was duly ad-
mitted to probate" He would admit that his
learned friend might have considered this mere
matter OF form yet he was OF opinion It deserved
censure from the Court, as In order to mead tnel'
on" TINS petition had actually been made In ad-
vance, and Mr.. Bergh had sworn that de.
cree mad been entered at least week
In advance OF its having actually been entered,
and he maintained that when his friend assisted
or advised Mr.. Bergh to swear at large that this
decree was entered on some day, which had never
come the petition certainly should not be granted.
lie denied that II was a mere form OF recital, Tor
IL was sworn to ON the l4th day OF November.
The Surrogate objected to have the argument re-
newed, but asked that Mr. Bergh should swear to
the petition BEFORE him on that day.
Mr.. Gerry was willing, in order to remedy the
defect, to have the petition Immediately re-sworn
to.
Mr.. Miles claimed that the first will was valid as
to the real estate, and that it could be put into
no other hands than those OF the Court
Mr.. Gerry said the act provided only for heirs
who were capable OF holding property, and he
and their gaining possession should be removed.
Mr.. Niles claimed that he represented the real
estate. II the first will conveyed the real estate
the second will conveyed all the personal estate !;
and he claimed that the special legaceS to his
clients must be paid out Of the real estate.
The Surrogate took the papers and announced
that he would file his decision In q few days.
THE M'CuNN WILL CASE.
Upon application OF counsel the adjourned hear
ing Of this case, which was lxed for yesterday
was postponed until Wednesday next ut eleven
O'Clock.
The New York herald., 1872-11-26
ALLEGED OFFICIAL OUTRAGE.

Newark's Chief OF Police In Serious
Trouble-Hc Avoids Arrest by Surrena
dertng and Gives Bail-A Suit Against
Him for $4,000 for Abuse OF Authority.
Having heard that warrant had been issued for
his arrest on a criminal charge preferred by Mr..
James o. watkins, Chief OF Police Glasby, OF New.
ark, yesterday forenoon surrendered himself AMI
gave bail in $500 to answer any complaint the
Grand Jury might prefer. Detective Andrew j.
McManus went-through the same form being con-
Jointly charged with Glasby by watson of having
aided IN kidnapping him on the night OF the 7th OF
November. From the anSiavit made by watson
before Justice Dean, oy the Newark Justices Of
the Peace, appears that the night In question:
between nine and ten O'Clock, while he was walk
ing along Broad street, opposite the Park House,
poUNcEp UPON BY FOUR OR FIVE MEN,
seized and an effort made to handcur him. They
succeeded In getting one hand secured only lie
soon perceived that they were gang VI SheriI's
officers from New York, who seemed resolved on
for s'police," and one two came, and the whole
party proceeded to the station house. Here Wat,
wa IL he e 1a ~
OF New Jersey and had committed no crime. There
was civil suit against him, but the New Workers.
piece. justice Lambert, who was present. .adj
vsed the Calet that the mans statement was corr
against allowing Watkins to be taken or by force.
Giasby PAID no attention to this and watkins was
.,on .,nr DRAGGED % TO THE THE DEPOT,
low street jail on civil suit involving $500. Onl
Tuesday last he procured ball and was libcrated.l
Repairing to Newark, he secured able counsel andu
at once commenced suit In the civil courts l01
$4,000 against Glasby and McManus The paperd
were served on. Saturday. The case excites wide5
story bears the scrutiny OF the courts either CLASSIFY
will be placed in very awkward position else th9
liberty OF an American citizen will become mer9
mockery OF words. Mr.. watson also declares hi9
intention to commence similar action agains9
Deputy Sheriff Ju'!son Jarvis John McLaughliY
They formed the party OF alleged kidnappcrs aided
by McManuA
The New York herald., 1872-11-26
THE ANDRE WIFE HOMICIDE.

Close OF the Trial-Summing UP OF COun.
sel-Judge Bedford 10 Charge the Jury
This Morning.
The trial of Emil Andrle for shooting his wife,
which occupied most of last week in the Gen.
eral Sessions, Judge Bedford presiding, was
brought to a close yesterday. AS 1t was stated In
the HERALD that the closing arguments OF the dis
tinguished counsel would be made the court room
was filed with interested spectators. Mr. Charles
w. Brooke proceeded to sum up the evidence, and
IN lengthy, logical and eloquent argument to the
jury endeavored to demonstrate that the testi-
mony showed beyond all doubt that Andrie was not
OF sound mind at the time OF the killing, but was
acting under an uncomfortable impulse.
District Attorney Fellows followed In powerful
address, claiming that the testimony showed that
the prisoner was guilty OF murder. He criticised
In severe and scathing language the medical testi-
mOny adduced to establish the defence OF emo
tional insanity. Colonel Fellows closed his argu-
ment at halfpast six O'clock having spoken four
hours and a half. Judge Bedford said that he
would either proceed to charge the jury or post
pOne 1t till tomorrow morning. vote was taken,
and eight gentlemen being in favor OF adjourning,
tWo9i whom were old men, the Court adjourned
till Tuesday,
The New York herald., 1872-11-26
BUSINESS IN THE OTHER COURTS
COURT or COMAON PleAS-SPEClAL TERM.
Motion to Vacate an Order Of Arrest
Denied.

Denied.
Before Judge J. +. DAILY.
Stoppani vs. Observation-Disclosures DAILY in denying
the motion said Motion to vacate order OF arrest
on the ground of the insuflcency OF the aflldavit
on which the order was issued. Upon perusal Of
the alldavit it seems to me that prna Jdcte case
OF fraud and fraudulent represcn tations is made
OUT. One defect in it, as defendant claims, is that
there Is no statement that the representations
were made to induce plaintif to advance the
money; on the contrary the adayit states that the
defendant made the false representations to plain
tin and "then applied" to paintiif to advance the
81 500. There can be no other inference conclu-
sion drawn from this language than that defendant
made the representations TO induce plaintiff
to lend the money. AS to the other grounds
of defendants exception to PLAINTIFFS af1idavit,
hold that the representations being OF particular
facts concerning DEFENDANTS own business affairs
his debts, resources and the amount OF business he
was doing-with all OF which he must have been
familiar at the time he made the representations,
1t is sufficient to show that such representations
were false without an avermcnt that defendant
knew them Marsh vs. Fuller, 40N. " 562 also that
the representations were as to material lacts induc
ing palniT to part with his money, and were fraud
advanced at different dates, it appears that It was
all given upon the faith OF the representations
made at frst and there Is no proof that up to the
last payment plantiT had evidence OF the falsity
Of the statements up to and at the time they were
made. Motion denied.
J. M. Shehan for the motion; G. T. Wetmore op-
posed.
The New York herald., 1872-11-26
THE RADCLIFFE DIAMoNDs.

What Is the Difference Between am NIn.
former'' and "a SEEKING Officer .'-Fs-
mOnd Out I'm tho Cold and whitley,
Chief OF the Secret Service, to Get the
Moicty Out OF the DiamOnds-A Big
Haul for the Officer.
Yesterday Judge Woodruff rendered his decision
on the question recently argued before him on
writ OF error TO whether II. @. Whitley or Friend
s. Esmond Is entitled, as informer, to the moiety
out OF the Radcliffe diamonds, which were seized
In this port over year ago, after having been
smugged from England There has been a long
legal wrangle between II. G. Whitley and Esmond
informer. Whitley claimed all through that
he Is entitled to be considered as such
in this case, and therefore tine person
tne diamonds ae which are worth 500 shone
be paid; while, on the other hand, Esmond's po-
slton in the matter was that he, having been IN
was the first to denounce Radcliffe to the author
that neither Whitley nor Esmond gets the molety
as infOrmer but that 1t goes to Whitley as 'selz-
ing officer" Judge WOodruf, In his decision,
Inc property proceeded against was seized by
the officers Of the United states, and on inorma-
country without the payment 81 duty
Friend $. Esmond severaly applied to the
District Court for an order adjudging them
to be the informer entitled to share In the pro-
ceeds Of the condemnation. oath Statutes at
Large, p. $40, section ~ The District Court, on
adjuJged that neither OF them was the first In
former, nor entitled as such to share in the pro.
ceeds, and there being no claimant the Court de-
entitled to share the proceeds. Thereupon writ
OF error was allowed for the purpose OF correcting
what EsmOnd alleged to be error In the order of
the District Court to his prejudice Judge Wood
ruff says that writ OF error brings TO the consid-
Grafton of this Court questions OF law only. He
finds no error of law which calls for reversal OF
the order of the Court below, and afiirms it &C
The New York herald., 1872-11-26
A FINANCIAL FALL,
The Alleged Failure OF . SILK Manufac.
turcr in Paters0n-The Liabilities
100000.


The Alleged Failure Of silk yIanufac.
turcr in Paterson-The Liabilities
100000.
Considerable excitement was occasioned In
Paterson yesterday by the reported failure OF John
G. Ryle, proprietor or the Murray Mill silk Works.
The facts are briefly stated to be as follows Two
or three years ago the Murray Silk Mill, then
owned and run by Mayor John Ryle tuncle OF John
C.), was completely destroyed BY fire. This dis
fire the Ryle SILK Manufacturing Company was or
ganized, and the stock was subscribed, payable In
three years, capitalists from both home and
abroad investing. Everything went on well, with
every prospect OF paying the bonds at the specified
time, In the meantime the property was trans.
ferred to John G. Rye, one OF the incorporated
company, who has since run the business An un-
expected depression OF the silk trade, however,
made 1t impossible to meet the maturing bonds
without borrowing, which was done; but the con-
sibity to take up all their paper, and, the notes
gong to protest. the concern has failed. The
liabilities are said to be 100000 In excess OF the
assets. IL Is stated that II capitalists
will step In and invest in what will un.
douStedy pay in the end 5Rs establish
s somewhat improbable, and consequently the
concern may be considered as ''gone upn
Although nobody, not even the creditors, seems to
be very severe upon Mr.. Ryle, inasmuch as he did
could have prevented still he evidently felt in
capable Of meeting his friends after such an event
and has temporarily left the city, The universal
public sentiment seems to be that OF sympathy.
Mr.. Ryle has always resided In Paterson and been
the soul OF honor and integrity. Owing to his alb
aud figures or learn what course will probably be
Gien
The New York herald., 1872-11-26
THE BONARD WILL STILL IN LITI-
CATION.

Motion to Have the Proceeds OF the Real
Estate and Personal Property Paid to
thc Society for the Prevention Of
Cruelty to Animals-Thc Court Takes
the Papers.
The Bonard will litigation was again brought up
In the Surrogate's Court yesterday, before Sur
rogate Hutchings. Mr.. John B. Boyd made ap-
plication TO the Surrogate to be permitted to
insert an amendment In the decree as proposed
relative to his appearance in the case. Mr.. E. r.
Gerry objected to this course, on the ground that
the question as to Mr. Boyd's appearing for Mr.
Bergh had already arisen, and been settled by the
Surrogate by order OF October IL, 1871. The Sur
rogate took the papers and announced that he
would settle the decree and nle 1t as OF that
date.
Mr.. f. T. Gerry then made another motion on
behalf OF the Society for the Prevention OF Cruelty
to Animals. He explained that the application
was made by that society, who were the devisees
named in the will, and its purpose was to obtain an
order, to be forthwith made, that the receiver
should pay over to the society the rents &C., COL
lected by him, and to deliver to the society the pos
session OF the real estate. The motion recites the
formal proceedings In the probate OF the
will and claims tna the society takes the property
by independent act OF the Legislature OF tie State
to whom the property escheated. IL was, In fact,
an application by the society to transfer the rents
and profits to the rightful owners In point of law.
The real estate at the moment Of his death vested
In the society, and was transferred by IL to them
by an act obtained IN 1871, and the decree stated
that no heirs have appeared. He submitted that
the motion was proper one, and rendered cer-
tilted copy OF the act OF 1871 In support OF his argu
the rents and profits and the order should, there
fore, be at once made.
Mr.. Coudert, In objecting TO the motion, said there
was statement at the bottom OF the petition
which was not correct, aud while he exOnerated
Mr.. Bergh, the petitioner, and his counsel from
attempting to do anything which was either un.
professional or wrong yet Mr. Bergh had put on
record . Atatepept which his counsel must have
The New York herald., 1872-11-26
UNITED STATES SUPREME COURT.

Important Decision I'm the L0uisiana
Suit OF Delmas The Merchants
Mutual Insurance COmpany-The sop-
plying Of Alleged Unserviceablc Arms
to the Troops During the War.
WASHINGTON, Nov. 25, 1872.
The following decisions were rendered to-day in
the United States Supreme Court:-In the case OF
Delmas VS.. The Merchants Mutual Insurance
Company, from the Supreme Court OF Louisiana,
the question was upon the authority Of the consti.
tuition OF the State to render contract void be.
cause it was based upon Confederate money as its
consideration The Court below found that Del.
mas had the prior claim to a certain fund; but
that. as the consideration which estab-
lished his claim was Confederate money 1t
iailed, ana the Insurance company whose claim
was subsequent, but based Oh a valid considera-
ton, was entitled to the fund. This Court say In
that the contract underlying Delmas claim was
void, from public policy existing al the time there
would have been no question for review here; but
as the Judgment is based upon provision OF the
constitution Of the State, framed after the contract
was made, which declares all contracts shall be
adjudged void which are founded on a considera.
tion OF Confederate money, 1t will have to be re-
vcrsed, as having sustained law repugnant to
that clause OF the federal constitution prohibiting
the States from making any law which shall impair
the obligation OF contracts. Mr.. Justice Miller de-
liyered the opinion.
the Court OF Claims, this Court reverse Judgment
Tor about eleven thousand dollars rendered by the
Court below against the government on contract
with the claimant to furnish arms during the war.
The Court say that after reading the evidence In
corporated with the finding OF facts by the Court
1t is impossible to escape the conclusion that the
arms furnished by Justice were unserviceaple, and
even unsafe for the troops TO handle,
whether they were equal to the sample
exhibited or not. IL is also held
that The settlement made between the department
ana Justice was bar to the action, and that 1t Is
time 1t was made the claimant intended to ac-
quiesce In the decision OF the ordnance Bureau
Mr. Justice DAVIS delivered the opinion.
The New York herald., 1872-11-26
The Steamer Java and the
Anita Collision Case.
THE BONARD WILL STILL IN LITIGATION.

Notion to Have the Real Estate and Personal
Property Applied to the Uses of the Society for
Prevention Of Cruelty to Animals-0ppo-
sition Of Counsel-The Court Takes the
Papers and Reserves Decision.
The New York herald., 1872-11-26
MYSTERIOUS DIsAPPEARANCE.

No tdings have yet been obtained OF Timothy
Brophy, who so mysteriously disappeared week
3nce from mis- house. about two miles west Of
Paterson The most diligent search has been made
ior his body. even 10 dragging the river, but al IN
The New York herald., 1872-11-26
SUPREME C0URT-CiANlBERS.
Decisions.

BY Judge Fancher.
n the Matter or the Application OF william w.
HeWtt,-Motion granted and reference ordered.
Philip Daily vs. James II. Burchell.-Moton to
compel purchaser to complete the purchase
granted. (See OpiniOn)
The New York herald., 1872-11-26

BeIOTC JuuyC BtUIOTU.
Yesterday "Dr." Rosenzweig, who, 1t will be re-
membered, was convicted of the crime OF abortion
and for whom Mr.. Howe procured new trial, was
brought from Auburn Prison in charge OF q Deputy
Sheriff.
The City Judge committed Rosenzweig to the
Tombs without bail, TO await his trial, which Will
probably not take place till January.
The New York herald., 1872-11-26
COURT or APPEALS CALENDAR.

ALBANY, New. %, 1872.
The following Is the Court OF Appeals day cacn-
dar for November 20:Nos $40, 4Si, 4Ss 40e, Al, o.
800 39l. "
The New York herald., 1872-11-26
COMMON PlEAS-SPeClAL TERM.
Decisions.

BY Judge j. Il. DAILY.
Meagher vs.. Meagher.-MOtion denied.
Kukeer VS.. Ritter.-MOtiOn Denied without cost
Stoppani vs.. G0ttsburger.-MOtion to vacate
order OF arrest denied
Terhune vs. Wicks.-COunsel must furnish me
with the af1idavitS on which the order Of arrest
was granted,
The New York herald., 1872-11-26
COURT CT GENERAL SESSIONS.
Before Judge Bedford.

Dr." Rosenzwcig Committed to the
TOmbs,
The New York herald., 1872-11-26
THE COURTS.
j A Y G. O U L d.

- Ten Million Erie Railway Suit-Inter.
esting Proceedings in the Supreme Court,
Chambers -Afldavit Of Jay Gould and
Application Thereon to Discharge Him
from Arrest or Reduce His Bail
Next Monday Set Down for Argu-
meHt OF the Casa Referee
Appointed Meantime to Take
the Testimony Of Horace
+. Clark and Au-
gustus Schell.
fHH RADCLIFFE DIAMOMD CASE.
tAe Difference Between an Informer and
Seizing 0fiicer.--Whitley, Chief Of the
Secret Service, to Get the MOiety--.
Judge WOodruffs Decision
on the Writ Of Error.
The Steamer Java and the
Anita Collision Case.
The Steamer Cuts the Norwegian Bark in
Two-Eleven of the Crew Of the Lat
ter Drowned Decision Against
the Java Damages To Be
Ascertained by United
States Commissioner.
Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-27
ROSTON Il ALBANY RAILROAD
gosTnN AVN wopcrSrp,,, ,,,-,,r,,-

oHM11N Ter ARRANGEMENT, commencing on MON
PASSENGER TRAINS leave Worcester:
ros Boston, at 40 exp 925 exp. and 945 M and
The 20 m, and 1925, 355 and 955 m trains start
ron washington So alton; all others from Foster ST.
For Grafton, Westboro', Southvle Cordavle and
Ashland at 100 and 9.45 M LAO and 500 m.
For south birmingham, 420, 700 925 and 945 a m
Lay ~, S5S, 600 and 955 m.
cor 4iilord at 100 and 925 m, l40, BIS and 1855 M
For Eetick, at Z 90 and 9 IS M lao and 500 n m ~
FOR wellesley, Granville, West Newton Newton
and brighton, at 100 and 9.f5 and 500 p M Pas
sengers for the same stations can also take the 40 m
train to Natick, and there change 10 the Sa Ia
mS, "hch leaves Ratick twenty-seven minutes amer
Otners every day except Sunday. ' ~
sunday express from Albany leaves Washington square
st;1''0 at sos a M. for Boston iN
Sunday Mail leaves Washington snuare Station 81
zSg A. N. ~ n iay), for boston. "
TRAINS leave Boston as tobows:
For Tcrcester at 800, 100 $50 exp exp A m 10 4
~ express to Framingham, $50 express 200
H0r New York, via Springfield 1900 exp NJ 500 exp
sTT Y0rk ~ via \ NoFw q 5se exp. pm
SouthV1lle, 100 m, l30, 4. 80 D m
GOruaVllle, 100 m, l.30, 4.30 D M
Ashland, 100 m, L30 430 s. 30 eypnn
eoutn birmingham, 500, 100 500 eyp and eO0cxr
H. lS0, 2.i5 exp 400 exp co. 30evn n G0 U y;
Na,ick, f SP ID ~ a W ~ m II ,s am oo
' Y' ''VV' Jaw O''V' oVV' ~ w
Millbury, 100 m, 4SOpm
SaXonYille 1000 a m, 6 00 . m
All oHiwa gU 9 sTsS eSP Pms seEP 25 exp pm
5unday nall leaves Boston $50 M stoppinr at "
sNsigt3ni south birmingham, Worcester West fToot
'''' IL =. q. RUSSELL, Sup't, Springfield
a. f1hTH, Asst Supfl- ROsf0n
Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-27
N E w RAIL ROAD ROUTE
VIA
birmingham and Lowell Railroad

NJ N and after Mordav Oct. 18TH ISL Four PASSENGER
inS Dally each way Sundays excepted) will he nm
netWeen 80. Framngham and Lowell making snre con-
n ~ at So Framingham with Trains on b. 4 4.
H. IL rom worcester, Springfield Albany and the West
dsselgefs can leave Worcester VIA Ii. a. a r. r. al
VO a. h. arrive in Lowell at $50 A NJ; at 925 A. NJ
dve I IN LoWell at 40 A. M; at lao p. M arrive in
Lowell at 5.40 P. NJ - ~ i''e III
Wes at O5 A. NJ, arrive at Worcester at q so NJ . ~
10y p M arrive at Worcester at 800 p NJ at 5i5 p M
arrive at Worcester at II. 30 p NJ ' " ~ - ''
through Tickets, and Baggage checked through o nil
important points Trains arrive at and depart rom
D. a. n H. H. Depot, MiddleseX st.. forming the hest
ana quickest route between Lowell and Worcester
springfield Albany, New York and the West
=, : ,,u-.,,... II. A. BLOOD. Supt Fitchbulg
Fl, D. CRossMAN, Gen Agent, Lowell.
Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-27
ID o S Il o II Il G e j.,
Worcester, Mass.
CLOSING AND ARRIVAL OF MAILS.
Tresent Arrangelnent.

shire. closes at 800 a m; due at n M "P
Manchester Copsera and Nashaa, Il, Lowell Leom-
FitchbuTg closes 6, 1915 a m and 10 IA m ms Of
2and m
Gardner and VT and Mass 4 Il, closes at $50 TO- As
| IN ana m. Due 9l5 m and aud IN,
Inceton East Princeton, aud West Sterling close at
| J,5O p m. Due at 9,lj IN
city OF Boston, close at $50 and a IN, Is 3 and N
IN. Due at $50 and l030 $780, 49, 30 and TO- 10 m
Boston an Worcester Way Mail close nj a m AID 4
Maine Eastern New Ilampsbfe and Eastern Massa
at 6, 80 a IN. T. and O3D N. ~
Rhode Islani. close az $40 and II a m and q IN m
Due at 945 m. ais and G, 80 m. wv 49,
WAY Mail on the Providence and Worcester raroad
close at $50 m. due a. 9,45 am
Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-27
Pk0yIDENCE 4 WORCESTER RAIL.
BOSTON, BARRE & GARDNER r. n :

on and after Monday, Nov. 81 Trains will leave Gard
neI i2r worcester and intermediate stations at co. S5
ai i u - A. NJ, and at 445 NJ, making connection
WIN trains on all the roads terminating in or passing
h,EIpkNING-Lcave Worcester at sA NJ, 70 30 445
anu no r NJ connecting at Gardner with ali trans on
inc vermont and Massachusetts Railroad to and from
lloosac Tunnel, Greenfield intermediate stations
and south from those points ~ 'Ai
Worcester. Nov. "a, 1871. dtr - ''''uV NJ