davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
COURT CAlEHDaRs-Tsls DAY.

SUPREME CoURT-CIRcUIT-Part Held by Judge
Van Brunt-Court opens at halfpast ten A. Mos.
100, 1143 1887 821 4ll, $685. $685. l0O9a r. e. I'll 277,
r. G. 1904 OBS 1889, 24l 1881 r. G. A. io59 1884, 1868
Part Held by Judge Barreit-Court opens at half
past ten A. M.-Nos 1885, 1854, r.. G. 66l r. c. 36s,
400 456 $751; 506 $685. r. G. 1ss, go, 56s, l040 6l4 X.
g. go, l76, 31S, 534, 55S, 2Si.
SUPREME CoURT-GENERAL TERM.-Hcld by Judges
Ingraham, Barnard and Cardozo-Court opens at
eleven A. MNos. l23 d0 ILL., 1s5, 1S0, 1884, 100, 1872,
l93 1885, 1885, 200 201 202 2oS 2o4 2o5 200, 2o7 2os,
SUPREME CouRT-SPEcIAL TERM.-IIed by Judge
Barnard. Court opens at eleven A. Mo. ia.
SUPREME CouRT-CHANBERS.-lIeld by Judge
Brady. Court opens at ten A. M. Calendar called
at twelve M.--Nos. 20, 81, 81, 10.
SUPERIOR CouRT-TRIAL TERM.-Part Held by
Judge Monell-Court opens at eleven A. M.-Nos.
1885, 1915, 1851, 1885, 1897. Part Held by Judge
Curtis-Court opens at eleven A. M.-Nos. SO, s8s,
GIO l2ie 200, 1862 loS6, $50, 1l2o, 1850, &c., 5o4,
CoURr or COMMON PLEAs-TRIAL TERM-Part
Held by Judge G. p. Daly-Court opens at eleven
A. M.-Adjourned to Wednesday, April IT, Part p
Held BY Judge J. = Daly-Comrt opens at eleven "A A.
1912, 154e, 1885, 1913, 1920, 1878, 1887.
MARINE CoURT-TRIAL TERM-Part 2-Held by
Judge Curtls-COurt opens and calendar called at
1904 $685. s32l 1882 $685. s572 $780, $751; $751; $751;
s66s, sos, S7O9 s7ll, S737, 1888, $780, $40, s7,
s742, s45l. Part 2-Held by Judge Spaulding-
Court opens and calendar called at ten 4, Mos
S704, S71O, $685. S707. Part 3-lleld by Judge Joa-
chimsen-Court opens and calendar called at ten
eo o2ss s24e $685. sS 's''
COURT OF GENERAL SEssIONs-Held by City
Judge Cunning 8. Bedford.-The People vs.. 10
seph Keck manslaughter; Same vs.. James Cos
forgery; same ' Vs. James carroli, perjury; Same
VS.. Terence Farley, bigamy; same vs. Mary G.
wilkins, grand larceny; Same VS.. Patrick Nc
Donald, do,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
SUPREME COMPLEMENTARY 2.
An Escape from Jail that Was Not an
Escape I'm u Technical Sense.
Before Judge Barrett.

An Escape from Jail that Was Not an
Escape In n Technical Sense.
Before Judge Barrett.
Martin Mars Vs. O'Bricn.-The trial Of this case,
which has been in progress several days, was con-
cludeu Yesterday. The suit Is brought for an
escape from Ludlow Street Jail in June, 1867, the
damages claimed being 1928 25 and interest Ray
mond La PORE was arrested December 20, 1867, on
a final commitment under the Stillwel act, the
warrant being obtained by the plaintiff on the 9th
menccd by the service on him Of the summons and
complaint. During the spring he was adjudicated
q bankrupt. In June, 1868, the warden OF the Jail
took him to see q creditor, with whom he hoped to
eject settlement and on the same day brought
him back. Subsequently, on July 7, MI. Tracy took
him to Long Island to see his sick son. On the 9th
held that no later escape could be proved in 1t.
popularity OF the Stllwel warrant, which Is only
issued for alleged fraud is that requires the debtor
to be kept In close confinement. The Court held
that though the papers In the case were not served
on the Sheriff till after the prisoner was again
within the walls Of the Jail 1t was q technical es-
Cape but though the amount of the debt was
7ntn,a r1cie the rule OF damages, yet that the de-
fence was at liberty to show that no loss could have
occurred to the plaintiff by the escape. The parties
then gave evidence at length as to what La Tore
was worth at the time of the escape the plaintiff
claiming that at that time he had actually owned
property that the coercion OF close imprisonment
would have induced him to reveal and apply on
PLAINTIFFS debt, the defendant claiming that he
was not only In law bankrupt, but that he was
worth nothing, and, therefore that nothing was
lost by the paint The Court left 1t to the Jury to
determine what might have been obtained by such
coercion by the plaintiff, or, in other words, what
his incarceration was worth to plaintiff, or that
they could take evidence on both sides, and in judy
ing OF the probability Of La Torres probably con-
cedlng property they were to consider the original
fraud only far az It might affect his character.
The jury were ordered to bring IN sealed verdict.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
COURT OF GENERAL SESSIONS.

Before Cunning 8. Bedford, City Judge.
The first case disposed Of by the jury in this Court
yesterday was an indictment for grand larceny,
preferred against Joseph Schneider, who was
charged with stealing sa5 from Charles Brown, on
the oath Of last November, in the drinking saloon
kept by the accused. Mr.. Howe was assigned to
defend the prisoner In the absence Of his counsel,
witness that he served term In the Jersey State
Prison and also In the Penitentary, Assistant Dis
trict Attorney Sullivan abandoned the case and the
jury rendered verdict Of not guilty.
Suspension or Judgment.
William II. Kane, charged with stealing, on the
1st inst, piece OF beaver cloth valued at $77 the
property Of Gustav Abrams, pleaded guilty to an
attempt at grand larceny.
Fernando Wilson rendered a similar plea the
charge againstIhm being that, the 22d OF Fcbru-
airy lie stole a gold watch, valued at $75 from
George France.
George Hughes, who was charged with stabblng
Hugh Waters, on the 2Ist OF March, with knife, al
the corner of Chatham and Chambers street.
In the above cases the compliments personally
applied to His Honor In Court, asking him to be lem
tent in view Of mitigating circumstances which
were stated. The City Judge suspended sentence,
informing the defendants II brought up on any
charge in the future lie would send them to the
State Prison.
A Junk Dealer Acquitted OF a Charge OF
Receiving stolen Goods.
Charles ]. Emmett, the keeper OF q junk store In
Pearl street. was tried upon charge OF receiving
$a2 worth Of pig lead, op the 10th Of March, which
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
SUPREME CovRT-GENEaAL TERM.
Slippery acknowledgements Municf-
Dal Question.

Slippery acknowledgements Municf-
pal Question.
Julia A. Moseley Vs. The City OF Troy-An mpor-
tant case was lately tried OF the General Term SUI
prcme Court Third district city Of Troy In which
the liability Of corporations for injuries resulting
from negligence in keeping the streets In safe
condition for pedestrians was fully established. The
action was brought to damages for personal
Injuries received by the paintf on the 10th day OF
January, 1870, while walking along the east side Il
River street. Troy, at about one O'Clock in the day
time, caused by the slippery condition Of the side
walk, which, at the point OF the accident, was
covered with ice, upon which the plaintiff fell frac-
turing her thigh bone I'm q very serious manner.
The case was tried at the Rensselaer, Circuit In
june 1871. The plaintiG had q verdict for $1,000
damages The defendant moved for new trial,
which was denied. The defendant then appealed
10 the General Term of this Court, which held "that
where the Common Council of city are made Com
Missioners Of Highways the corporation Is liable
for negligence i'm not keeping the streets and side
walks within the corporate limits In q condition
safe for the use Of passengers" That "apse OF
time after ice has formed upon street walk IL
constructive notice of the defect and actual notice
thereof to the corporate authoritess not neccssa-
~" Frank II. Bryan for plantiI; Il. A. ParInentcr
for
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
THE GRAND Juales ren MAY.

The Grand Jury panels for the May term OF the
Courts OF Oyer and Terminer and General Sessions
were drawn to-day in the Supreme Court Cham
bers roof, by Judge Brady. Mr.. Douglas Taylor,
Commissioner OF Jurors; Mr.. Joel A. Stevens, Under
Sheriff, and Mr.. Gumbleton, Deputy County Clerk,
were present. The drawing was made by Mr.. Gum
BILE ton the wheel being turned between each name,
and the names being announced by Judge Brady.
Fifty were drawn for each jury. This number was
drawn nom some two hundred and fifty names,
this being the residue OF the 700 names making up
last September's PANEL upon which, however, very
large draft, as win be remembered, was made in
the stokes trial. Among those drawn are Henry
Clews, Moses Taylor and Sheppard Knapp.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
UNITED STATES SUPREME COURT.

n.e,s,ov In the Louisville Presbyterian
Church Cause.-The Property OF a Church
Must BE Held by Trustees for Major
ity Of Its Members Owners, Not the
Church.
WASHINGTON, April Is, 1872.
No. H. Watson ct al. Jones ct al-Appeal
nom the Circuit court for the District of Kentucky
This case, known as the Presbyterian Church case
and argued at the last term OF the Court, arose
bill in equity, filed BY certain church members
residing in Indiana to enforce their rights in the Wal
nut street Presbyterian church or Louisville against
the ruling elders OF that church and the church it.
sell. At the time OF tile beginning or the suit the
church property was in the possession OF the Mar
shal Of the Court OF Chancery OF Louisville III SUIT
and this suit was begun after the refusal OF the
ruling elders to bring suit in the State Courts to
declare the uses on which the property was held
The whole controversy sprung out OF the action
OF the General Assembly of the Old School Presby
terrain Church In respect to the rebellion aud
the abolition OF slavery, which caused
rupture in the Synod OF Kentucky and the secession
of a large number Of churches and church members,
who joined the Southern Presbyterian church. The
majority OF the membersOf this church adhered to
thc Northern church. The Circuit Court held that
while the ruling elders, whom the state Courts had
decided to be such, were trustees OF the property
they must hold it in trust for the benefit OF the
majority OF the members, and nom this decree the
case was brought here, the appellants being repre-
scented by j. W. Bulitt and the majority members
by solicitor Genera! Brstow and J. NJ. Harlan.
The opinion now delivered discusses the question
Q! jurisdiction, and decides that, although the pro-
pcrty was In the possession of the Clancery Court
oil Louisville in suit to decide who were the trus
tees entitled to hold it, this fact did not Dust the
Jurisdiction of the Circuit Court upon the present
bill 10 declare for whose benefit those whom the
State Courts should decide to be trustees should
hold it upon its merits. The opinion decides very
elaboratey the question OF the relations OF the civil
courts in this country to ecclesiastical bodies and
property, and decides that where ecclesiastical
courts, recognized by any church organization
or denomination as the proper tribunals to pass
upon any ecclesiastical question: the civil courts
must follow their decision, and ought not to attempt
10 inquire into its correctness; and that In this
respect the English and Scotch authorities to the
contrary have no proper application to this coun-
try On this point the decision expressly Overrules
the doctrine recently enunciatef by the Court Of
Appeals Of Kentucky. Nj. Justice Miller delivered
the opinion.
Justices clifford and Davis dissented on the ques-
tOn OF Jurisdiction, holding that IN the state of the
record the merits OF the case were not necessarily
before the Court.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
FATAL OCCURRENCE IN A sAwMILL.

Coroner Schirmer yesterday morning held an In
quest at the City Hall, in the case OF Mr. Francis
j. shattuck, recently employed in the saw and
planning, mill Of Messrs. Ogden \ Carpenter,
400 East Fifty-thrd street, WHO was injured
there on or about the 5th day Of March.
Deceased while engaged at his work struck his head
against an iron weight used to raise and lower
heavy door, said weight being suspended about
five feet from the floor by means of cord. Mr..
Shattuck thought but little OF the accident for
two or three days, when he felt pain In the head,
which continued up to the time OF his death,
which occurred on Thursday last. Deputy
Coroner Cushman, who made postm0rtem
examination on the body, found that death ensucd
from pyemia and meningitis, the result OF injury 70
the skull. In their verdict the jury censured the
proprietors of the mill for permitting the iron
weight to remain In dangerous condition. De-
ceased, who was thirty years of age and born in
Massachusetts, lived at 054 First avenue where lie
has Lett q widow and five small children.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
UNITED STATES COMMISSIONERS CuunT.
Charge OF Stealing Letters from the Post
Office.

Charge Of Stealing Letters from the Post
Office.
Before Commissioner Shields.
United States VS.. Daniel O'Bren.-Thc defendant
was held to await the action OF the Grand Jury on
charge of having broken into the Post Olce at Pier
mont and stolen thercfrom several letters contain
ing articles of value. O'Brien Is a mere boy. Flo
states that his father and mother are dead that he
has but recently been discharged nom prison for
stealing money, and he also admits the truth OF the
present charge against him. 1t Is probable that the
boy, who seems to have no relatives VIII be sent to
the House OF Refuge, on Blackwell's Island.
Charge of Passing Counterfeit Money.
The United States Moses Meuser.-The de-
PENDANT, who carriesSon the business Of a vest
maker in Henry street, was charged with passing
a $40 counterfeit bill on one of his employees. 1t
1t was satisfactorily shown to the Commissioner
that there was no criminal intent on the part OF
the defendant, and, besides, the proof offered on
the part Of the prosecution was very imperfect as
TO the Identity of the note. The defendant was
therefore discharged
Alleged Theft OF Money on Board n
steamer.
The United States VS.. Charles Lesseler. The de-
PENDANT was committed by Commissioner Shields In
default Of 81 900 bail to answer the charge OF steal
ing $3.50 in coin and $11 In greenbacks from John
Hartgan, who was a fellow passenger with him on
the steamer Henry Chauncey from Aspinwall, on
the LIST Of this month.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16

Non vas n,cd IN bankruptcy on behalf OF Mr.. Gar
yey. and il was shown they had reasonable ground
for s,lspectnQ his insolvency, the deed would be
void and asked Mrs. Garvey for evidence to remove
the suspicious raised by
THE FLIGHT OF CARNEY.
and the transfer OF the property TO his brother,
This Mrs. Garvey refused to do. After waiting six
months the plaintiff renewed her demand for the
deed which was denied, and thereupon instituted
MRS. CARNEY SICK.
An adjournment WAS asked on behalf OF Mrs. Car
vey, she being as shown by physicians ccrtf-
cate, confined TO her house through Illness II was
claimed that she was an important witness.
Plaintiffs counsel insisted that Mrs. Garvey was
not necessary witness. rs Mr.. John Garycy had
acted entirely for her in the matter.
HER EXAMINATION.
Judge Barnard stated that he would adjourn the
matter until next Monday, with the privilege
meantime to examine Mrs. Garyey at her house.
Plaintin-s counsel stated that the opposing coun-
sci had promised him, as he understood to produce
either Mr. Garyey in court or enable them 70 serve
him with subpoena. He understood, further, that
MIR. CARNEY rs IN TOWN,
but that he kept himself ont OF the way.
The opposing counsel denied emphaticaly the
statement as to their promising that Mr.. Garvey
would be present in court when wanted.
An adjournment was here made till Monday next
Decisions.
BY Judge Barnard
ROdman VS.. JOnes.-MOtion denied
Baker ct al w. Sanger.-Motion granted.
The Gladbacker LnkliGtle Vs. Wilson.-Motion
denied.
Tyler vs.. farkef.-M0tion granted.
Brown VS.. Wing ct al.-Motion granted.
Purssell vs. Ordway.--Same.
Mutual Bank w. Bliss-Same.
Mayer VIZ. Louis ct al.--Same.
Lewisalin ct al. VS.. Rosa ct al.-Same.
Mabie ys. Lutte.-Same.
Westervelt Vs. Yatcs.-Samc.
Essex County National Bank vs. Hin ct al
Same.
Gibson vs. Mctcalf.-Same
Rowe VS.. Guieane.-Motion denied.
Trevor vs.. Bcighanl.-MOtion granted.
Knowles vs. Beman ct al.-Same.
Lynch W.. Elliott ct aL-Same.
The National Bank VIZ. Jones-Same.
Lawrence vs.. Kelly ct al.-Same.
BigelOw vs.. Winters.-Same.
DeutZnan vs. HOldcn.-Salne
Hencken ct nj w. YOung.--Same.
ti0elet VS.. Farley ct al.-Same.
North America Life Insurance Company va Car
lin ct al.-Same.
Same W.. Same.-Same.
Same vs. Samc.-Satne.
RigclOw Blue Stone Company va. Randall.-Same.
Manhattan Savings Insurance VS.. Pcll.-SaInc.
In the matter OF j. T. Kearny.-Same.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
EE00KLYN COURTS.
UNITED STATES DISTRICT COURT.
A Question OF Jurisdictior-Decisi0 of
Judge Benedict.


Edwin S. Thayer Vs. James NJ. Detz and Joseph
Wales.-In regard to the motion made in this cause
to correct the Marshars return of service Of sub
return that the service made in the city of New
York. 1t Is SUFFICIENT to say that 1t is needless In
view of the decision In Allen Vs. Blunt.
The return as it stands does not show where the
subpoena served, and Is not sufficient of itself
to confer jurisdiction. The bill AYERS that the de-
iendan nietZ resides IN New YORK, ana IL should
was served upon him in this district to render such
return foundation for the exercise Of jursdic-
ton over him. The motion may therefore be de-
MED as useless.
The main question is presented by the plea to the
Jurisdiction which Dietz has nterposed, upon which
plea issue has been joined and testimony taken, and
upon which decision is now to be rendered.
The plea AYERS that Dietz was never served with
OF New York. and that he has voluntarily appeared
in the case. The proofs are sufficient to show that
If that were all the plea to the jurisdiction must
prevail, as the bill AYERS the defendant Dietz to
be an inhabitant of the State OF New Jersey. But
the difficulty is the defendant Dietz has appeared
i'm the cause by attorney and his plea is filed by
attorney and not In person. The appointment OF
an attorney, solicitor or agent, by whom the plea is
put In Is per Sc an appearance, an admission that
the Court has Jurisdiction and submission thereto.
There must, therefore, be decree for the plain
tn upon the plea to the jurisdiction, with liberty to
the defendant, Dietz, to answer II so advised.
The remaining question arises upon plea In
ne isa ey Se sae A.
party plaintiff. Upon this plea there must be judg
ment for the defendant with liberty to the plaintiff
to answer.
The Westhc1d Disaster.
libel was filed yesterday in the suit Of Louis
Koru against the Staten Island Railroad Company.
He lost his by the explosion and now brings suit
to recover IS, 900 damages Process was issued d.
and made returnabe May next This Is the first
Wcstncd case In the United States Court.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
THE NEW PATERSON MUNICIPAL GOVERN
MENT.

The newly elected Paterson Aldermen yesterday
took their Seats and at three O'Clock in the after
noon an organization was effected by the election
of Alderman william w. Evans to the Presidency Of
the Board. The usual committees were appointed,
after which Mayor futile read his annual address,
which was lengthy and self-cOngratuatOry dOcu-
ment, and which spoke propheticaly OF the rapid
approach OF the day when Paterson. would be
but portion of the greatest city In the
world, comprised of New York and all settlements
lying within fifty miles OF the great metropolis. The
new Board is strongly republican, and t Is expected
that things will go along smoothly enough for the
present year, at all events
The new Board OF Education was organized at
ten O'Clock A. M. by the election of Commissioner
George b. Day as President and Vernon Royle ms
Secretary, after which the Board adjourned to pay
tn usual formal annual visit to the various public
schools.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
ACCIDENTALLY CRUSHED BY A CAR.

An Inquest was yesterday held by Coroner Herr
man in the case Of Richard Feahm, q lad nearly
twelve years Of age who, on the evening OF the Attn
instant, was run over In Chrystc street, near Stan
ton, by car SO, OF the Second Avenue Railroad Com
pany, and crushed to death. The evidence showed
the occurrence to have been accidental, ana the
jury rendered verdict to that effect The parents
OF deceased live at 1875 Chrystic street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
BLOOD IN A BARROOM.
Deadly Array I'm "a Jersey saloon.

John Kelly, liquor dealer, of Bayonnc, N. j., Is
now lying in q very critical condition from a beat
ing he received on Saturday night at the hands of
some laborera, who are employed on the coal docks
at Bergen Point. They entered Kely's saloon and
had dispute with the proprietor, who armed himself
with chair at the time using an expression which
was interpreted by the laborers as an intentional
insult to their religion. The men became greatly
exasperated, and In the fight which followed they
gave Kelly no quarter Warrants have been issued
for the arrest Of many suspected parties and eight
men were arrested and locked up TO await the
result OF Kelly injuries.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
A DISHONEST DOMESTIC.

Bridget Doyle, domestic in the employ OF Henry
Murphy, OF No. Sal Washington street. was arrested
yesterday morning by Detective Won Gerchton, OF
the Twenty.eirhth pYecinct. upon comnloint
OF her employer, charged with stealing
$l2 In money from under his pillow on Saturday
last Upon searching her In the station house the
money was found concealed In the lining OF her
petticoat. She admitted the charge before Justice
Ledwith at Jefferson Market, yesterday afternoon,
and was fully committed for trial
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-16
United STATES CIRCUIT COURT.

Jurors DodginS from Their Dutics.
Judge Woodruff yesterday mentioned that he had
ascertaned 1t to be fact that jurors were in the
habit of answering to their names when called and
then leaving Court before the jury was empanelled.
The Judge censured this proceeding and said that
jurors who adopted 1t were shirking their duty as
citizens. lie fined some Jurors $25 each for non
attendance.
Breach Of Promise Of Marriage.
Sadie L. Wilkinson Mark M. PomerOy.-The
defendant who is known "Brickn Pomeroy, is
sued by the paintT in action for alleged breach Of
promise of marriage. The case has been repeatedly
reported in the law column of the HERALD. Some
time since Judge Blatchford rendered a decision
striking out portion of the defendants pleas as
Mbellous and scandaous Yesterday the "Brick'
by which he denies the truth of the alleged promise.