davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10

hit him on the lace and pulled out part OF his whis
kers. He therefore claimed ST, 900 damages.
fhe defendant, who was formerly In business
partnership with Conklin, alleged mat he acsed 10
sef.deence.
The jury yesterday rendered a verdict in favor OF
plaintin, assessing the damages al 500.
Action Against tho District Attorney on
Fromissory Notes.
Marx Anthony brought suit against District
Attorney Winchester Britton for So 5o2, the amount
OF three notes which defendant gave on the "a OF
April, 1870. 1t was claimed by the defendant that
the notes were given without consideration and for
plaintiffs accommodation. IL was SHOWN by u
written agreement between the parties 10 the
SUIT that the notes were 10 be EN-
ployed for the purpose of settling with the
creditors OF plantiIf IN order to enaDle hm to re-
OF failure they were 10 be returned and hot DC
put III the market for sale negotiation previous
10 maturity. When the plaintiff wanted to show
that before the "a OF April, 1870, he acted as de-
fendant's broker. IN Wall street. and that the
were given for indebtedness incurred on defend
ants account Judge Nelson ruled that the agree.
ment was explicit and That transactions spoken OF
but were the subject OF an action upon the ac
count.
The Court directed verdict for defendant.
the Defunct Central Sank.
The assignee Of the defunct Central Bank has
brought suit TO f0reclose mortgage on City Assem-
bly, Rooms aud Post Office building. the proceeds or
the sale TO be applied to paying the Indebtedness
OF John X. Pruyn President OF the bank. Mr..
Pruyn's Indebtedness, II Is SAID, amounts 10 about
$500, 900.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
ALLEGED WIFE MURDER.

Woman Supposed 10 Have Reen Beaten TO
Death by Her Drunken Husbnnd-Arrest Of
the Husband.
Mrs. Ellen Hart, very respectable-appearing
woman, living al 20 Mangin street, yesterday morn
ing called upon Coroner Herman, at the City Hail.
and reported that good TO suspect that
her sister, Mrs. Ann Edgewortn late or 40 Mangin
street, mad been murdered by her husband, stephen
Edgewortn whom she represented as an intemper.
the street al four O'Clock on Monday afternoon
ana apparently In the enjoyment OF ner
same evening Mrs. Edgeworth was found
lying dead on the noor OF their miserable apart
ments, with number OF bruises and disc0loratiOns
on her race and, In fact, mostly all over body,
strongly indicating that she had been purpoSev
beaten. Az the time she was discovered on the
floor EdReworth was IN bed much under the lnfin-
ence OF lquid poison In which he daily INDUCED 10
great excess. The Thirteenth precinct police being
notified, placed an officer IN charge OF the premises
ana detained the suspected husband TO await the
result OF an Investigation Deceased was the
ond vile OF the prisoner and had been mar
red about six years. during which time he
has drank to excess. ana she was by no
means temperate woman. Occasionally he has
beaten her most brutally, and she has often eX-
pressed fears that husband would Nil her. De-
was the mother of three children by her former
marriage
On visiting the premises yesterday afternoon
Coroner Herman found Eugeworth sitting stupidity
drunk In chair and sent him 10 a cell In The sta
ton house.
The remains of deceased were sent to che
Morgue. where Deputy Coroner John Beach, M. D.,
will to-day make pOst-mortem examination, and
thus definitely determine the cause OF death. Mrs.
Edgewor:n was thlrty-six years Of age and a
native or ireland.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
COURT or COMMON pl5As-spEcAl Term.


DecixiOus.
BY Judge Loew.
Keller VS. Beekman ct a.-MOriOn to open de-
fault granted, on payment or $40 costs.
Foster, Receiver, vs.. McMullen.-Moti0n for leave
TO amend the summons aud complaint by adding
the names OF Sarah A. HOnsmOn, the wife OF Alex
ander Whyte and the People OF the State Of New
YORK; granted on payment OF $l5 costs.
by Judge Robinson.
Fitzgerald vs.. acknowledgements ordered for de-
fendant, dscharging him, and for recovery OF
S120 u and costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
SUPERIOR CoURT-TaIAl TERM-pART 2.

Leg observation-disclosures Cnrelessness.
Before Judge Curtis.
. Julian Schemminsky VS.. John Fl. Mastert0n. "A
verdict for the defendant given IN this case.
The plaintiff fell into excavation IN front OF q
building belonging to the defendant and broke his
leg, claiming So, 600 damages. The jury, "a shown
by their verdict was or the opinion that the acci-
dent was the result OF his own carelessnesH.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
SUPERIOR COURT-TRlAL TERM-pART |.

A Locomotive Engine and Its Scattered
Sparks.
Before Judge Mcneil.
Catnarine A. Dace vs.. New Jersey Southern RAN
road.-This case adjourned over from last week,
was concluded yesterday and resulted IN o verdict
for the Defendants The suit was brought II Will be
remembered for 81, 500 damages, through the burn
Ing OF some fence and wood the plalntiff's place
near Manchester, on the line OF the road, from the
sparks or locomotive engine.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10

ALBANY, April 3, EI2.
The funeral Of the late Erastus Corning VIII take
place on Friday, at tnree O'Clock p. NJ, from St
PETERS church. The Board OF Trade and other
associations have been called 70 hold meetings on
the occasion OF his death. Flags hoisted at naf
mast, and there Is general feeling OF regret the
loss OF one who has done 30 much public good, and
especially for this city
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
RsoakLYA CQuRI CALENDAR.

CITY COuRr.-Nos. 14O, 100. 145 n. 12s, l4s. 81.
&c. 60 80, 343, "a Is, 49, 49, 70, 139. l0l, 1922 143,
122, 100, l5l. 1853, 1874. 166, 1866, 1877, 1853, 1850.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
SUPREME COUaT-GessRAL TERM.

Ann Hs Burns, tho Alleged Abortionist, Al
lowed New Trial.
Before Judges lDgraham Barnard and Cardozo.
Ann e. Burns w. The Pcoplc--At the last Decem.
Dor term ~ tina GAnArs, Sessions Recorder HacKett
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
CITY CoUaT,
Damages for an Assault.
po,oro Iudoa Nelson.

Albert W. Conklin vs.. william II. rlliston.-The
plaintiff and the defendant quarrelled ON the l4tn
OF October last, when Tilston assaulted plaintin.
Conklin said that Tilstop struck him on the BODY.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-10
BROOkLYN COURTS:
UNITED STATES DISTRICT COURT. u
Passing Counterfeit Money.
Rafora Iudue Benedicr-

Before Judge Benedict.
John Williams, alias Halsey, and JohnD. Baker
were convicted at the last OF the Coursof
ing counterfeit money. Yesterday afternoon Judge
Benedict sentenced Williams 10 two years 'nprls
onment In the Albany Peniientiary. In the Vase OF
Baker sentence was suspended.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
COURT OF GENERAL SESSIONS.
An Alleged Bigamist Discharged.

Before City Judge Cunning s. Bedford
Terrence Farley, who early In the week pleaded
guilty to bigamy stating that he committed the act
when intoxicated, was placed at the bar.
Judge Bedford said-I have thought great deal
about your case and have talked the matter over
with District Attorney Sullivan. l have come to
the conclusion for the sake OF your three little chill
dren, not to send you to the State Prison. with the
distinct understanding however, that you are to
fulfil your promise strictly and literaly that you
you will never touch Intoxicating liquor again. If
your wife makes any complaint against you, show
Ing that you have abused the generosity OF the Dis
trict Attorney, shall certainly send You to the
State Prison for five years. but so long as you be-
have yourself you will not be molested.
A Bold Larceny by a Bad BOwery Boy.
John Tully, o youth, was tried and convicted OF
grand larceny. The testimony showed that on the
night of the 31st of January, about nine O'clock the
prisoner and confederate approached the window
Of Louis Tobias jewelry store, No. 40 Bowery and
that as soon as his "pall' threw large stone and
broke pane of glass Tully thrust his hand in and
stole $500 worth OF property. They were pursued
by Mr.. Tobias and a boy named Hugo Zndig, who
was standing at the next window and positively
identified Tully, but the thieves eluded their pur-
suers. The prisoner was arrested four days after.
4 number OF Bowery boys were called to estab
lsh an alibt all Of them stoutly swearing that on
the night of the larceny Tully was in Tony PASTORS
Opera House from eight till ten O'Clock. But the
jury rendered verdict Of guilty, and the officer
Bowery between eight and nine O'Clock that night
and that he had been arrested three times, His
Honor sent him to the State prison for three years
and six months, remarklng that all the boys who
were on the stand were young rufilans.
An Assault Upon n Little Girl.
James Whalen, who was indicted for assaulting
Annie Bradley on the 18th Of January with intent to
violate her person, pleaded guilty to assault and
battery, that being the only offence that could he
sustained by the evidence. The sentence was one
years Imprisonment In the Penitentiary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
POLICE MATTERS,

Thrty-1ge cases OF delinquent officers were tried
before the Commissioners yesterday The only one
Of any Importance among them was charge
brought by colored man named Frisbie against
officers Reynolds and Cornick, of the Twentieth
precinct. Frisbie stated that the night of the 2s
ult. number Of colored people were giving ball az
the Continental Hall, the OF Thrty-fourth
street and Eighth avenue, when these policemen
gained admission to the building by representing
themselves TO be members OF the press They were
accompanied by dry goods clerk, who also played
the role OF journalist. The party conducted them
selves SO badly in the ballroom that the people
were obliged TO ask them to leave; but instead of
going when requested, they created row ana
ended by arresting Frisbie and another man, wi,o
were discharged from custody Ivy the presiding
magistrate the following morning The matter
was referred to the Board.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
CoLOy. led METHODIST CONFERENCE.
The Brethren Cautioned Against tho
Rev. MIR. Butler-Charge Against .
HIM.

The brethren Cautioned Against tho
Rev. MIR. Butler-Charge Against .
White Congregation.
The New York African Methodist Conference,
which met yesterday morning In Zion Church, at
West Tenth and Blocker streets, was attended
by about thirty colored clergymen. There was also
large congregation present. Bishop CLINTON pre-
sided.
The Bishop made some interesting remarks in
reference to the manner In which white bishops
and clergy OF the Methodist Episcopal Church have
endeavored TO induce them their colored brethren)
to join with them.
The Bishop then called upon the Rev. Mr. Cliff for
his excuse for having disappointed congregation
to which he had been duly assigned to preach Mr..
Cliff admitted that he failed to keep the engage
ment, but said that the night being very rainy and
his shoes entirely too thin he feared to venture out
lest he might imperil his health. long and ami
mated discussion followed, which terminated in the
Conference good naturedly accepting the explana-
ton. w = - sr.A ~ III
The Rev. Mr.. Thomas proposed the following reso-
lution:-
Whereas the property known the African Methodist
cety, has gone into the hands of the white Methodist
Episcopal Church, and consider the in which the
christianiike in a great religious body
r % e ax ne Ge e
sar steps to have the matter thoroughly and
An excited discussion followed. it appears from
the remarks made that the cOlOred people OF New
ark raised considerable sum to build the church
in question, and when partially completed it was
by the Sheriff for a debt Of $500, and then passed
into the hands Of DR.. w. A. Lord, who vested 1t in
the hands Of the Central Methodist Episcopal
Church. The colored people claim that the church
worth $1,000 when seized for the small debt Of
$500; the speakers believed that advantage had
been taken Of the Ignorance of the colored people.
After lively discussion the resolution was passed,
and after the transaction Of some further business
the Conference adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20

t,on either 10 inserted thereon or TO DC
PROVEN on tic trial The statute Code sections 2o M
provides that on Ss aeSeG to
an UNDERMINING &c. 1t Is statutory undertaking
for which consderagTnh o@nson ys Blanchard
Com ADS il was held that where statute required an
MATCHMAKING TO be entered into TO give rgh 81 appeal
valid although i dd no. 81 gy nnd
10 agreements ana not 10 INSTRUMENT Gre
ated under special statues This case was approved IN
peSe vs. 10 HoSd Pr Rep 2s In Gale.
man VS. bean, Sc How'd Pr Rep, $40, an under
taking purporting TO be issued to discharge attach
ever issued 1t is urged for the respondent the
attachment having been set aside the undertaking fell
with and ceased to be valid security. is settled thai
aside that ground there no Jurisdiction
tain it, and, where that Is the case the undertaking
well the attachment void This the in Cad
the attachment issued merely stated the belief of tho
party and did not authorize the issuing OF the attach
ment In the present the affidavit on which the at
whom 1t presented TO exercise his Judgment In grant
Ing It and the subsequent proceedings set aside d
not raise the ona question In such cases the
valid although the attachment is subsequently set aside
unless the Court expressly orders the nderakng also
to BE- cancelled Is only whsse there Il Il, Is Ss
gard VS. Morgan N Y Rep, AZ From the cases above
could not SET up as matter Of defence to an action upon
the same that the grounds on which 1t was issued were
not rue the giving Of the undertaking concludes the
parties on that point The fact Of the setting aside the
attachment upon the same grounds does not alter the
character Of the defence and unless the Court when the
attachment vacated, makes the same order as to the
made to It. Judgment reversed and new trial ordered
costs to abide event
A Blumenstel attorney for appellant; Messrs
Cox q Ready attorneys for defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20

Couch Is not remarkably beautiful, Dut posses av,
such degree OF refinement OF ~ a.
bined with good taste In the seiectoh VI aPp"'' 90
to make her an object OF attraction. ..o, oor-
Her counsel pleaded not guilty, ana al'ef oo-ier-
ring with them for a few moments tne % .lcer re-
moved her TO the dock. A formal application was
made for BAIL but His Honor was lot asked to TX
the amount at that time.
Judge Bedford intimated that as the counsel had
heretofore conferred with District Attorney Garvin
in reference to ball. he being i'll at present IT wouiu
be well to postpone the matter until ne couu pe
OF the comedy in which the clergyman and the fair
Emma figure so prominently.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
UNITED STATES DISTRICT COURT-M BANKRUPTCY.
A Question About the Form Of an Oath
The Privilege Of q Lawyer.

n question About the Form OF an Oath
The Privilege Of n Lawyer.
Yesterday Judge Blatchford rendered decision
In the matter OF James NJ. Adams, a bankrupt On
the 10th OF March, in the present year. in exami-
nation before Mr.. Isaac Dayton, the Register VIII
liam G. Gates. the assignee, who is also creditor
OF the bankrupt, proposed to exanine Mr.. Edmund
Terry, a lawyer, who had acted as attorney and
counsel for the bankrupt. Mr.. Terry then was
sworn, his oath binding him to make true answers
to all such questions as might be proposed to him
respecting all the property Of James NJ Adams
and all dealings and transactions relating thereto,
and make true disclosure OF all that had been
done with the property to the best OF his knowl-
edge, information and belief; also that he would
make true answers to all questions relating to the
disposal or condition OF the said property 70 the
trade and dealing OF the bankrupt with sIners and
his accounts concerning the same to all debts due
or claimed from him, and all other matters concern
ing the property and the due settlement thereof
according to law. To this oath was added reser-
walton, by which Mr. Terry reserved to himself his
right to refuse to answer any question In regard to
such matters, on the ground Of privilege as the
attorney and counsel OF Adams, which he might not
be able to answer except, In consequence OF his re-
taner as such attorney and counsel and from infor-
nation derived from his client as such.
Under the above oath but one Introductory ques-
ton was put to Mr. Terry, after which the proceed
fngs were adjourned to the 18th OF March. On that
day counsel for the assignee objected to proceeding
with the examination OF Mr.. Terry under the oath
administered to him by the Register the 10th OF
March, The Register then prepared and proposed
form of oath, but Mr.. Terry refused to be sworn
lingness to be further examined under the oath he
mad taken on the 10th OF March, the main substance
OF which is given above. He also declared that he
was willing TO be sworn in this bankruptcy 'in
gard to the matters now pending before the Regis
Ter" and submitted form OF oath to that effect to
the Register. But counsel for the assignee and
creditor objected to proceeding with the examina-
lion lion OF MI. Terry under the oath administered to
nm on the 10th of March, and also to the form OF
oath prepared by Mr.. Terry.
The question arising upon these facts was certi-
ned py the Register to the Judge.
!udge Blatchiord holds the proper oath Is that
III the FORM inserted above, without the reservation
VI MI. Terry added TO 1t. The assignee and credi-
Uf was right he says, In declining to proceed with
we examination OF the witness under the oath ad-
ministered March is, 1872, and In Directing to the
Wuness being sworn IN the form proposed by the
WItness NO other question arises the certificate
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
THE COUR T S.
interesting Proceedings in the United States,
New York and Brooklyn Courts.

Business Of the United States Circuit Court-A
Heavy verdict-Question as to the Privileges
Of Lawyer-Alleged Stealing Of Cargo by
important Decisions Relative to
Attachments-The Gould-Gordon Litiga-
tion--vacated Assessments-Action as to
Payment of Coupons on Railroad
Bonds-Liability of Hotel Proprle-
tors-Theatrical Litigation-Busi-
ness Of the General Sessions
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
limited STATES SUPREME COURT.

~ vmrortant Case Testing the Legal
Power Of Consuls from Other Nations
The Claim OF the Seamen OF the Prus-
sian Bark Edwin Wreplin.
WASHINGTON, April 49, 1872.
The following proceedings took place in the SUI
preme curt to-day
IN the case OF Newman and others against the
Prussian bark Edward Kreplin for seamens wages,
motion was now made for a mandamus to Cir
cult Judge Woodruff, Of the Southern dis
trict OF New York, to compel him to assume
Jurisdiction of tho case and to hear an
appeal from decree Of District Judge
Benedict on the merits, Judge Benedict having
entered decree for the wages claimed. Judge
that no Court q The United States had
OF the because under the treaty Of 1929 with
Prussia the Prussian Consul has sole Jurisdiction OF
such claims, and that officer having actually decided
the case against the appellants they were bound
by that adjudication. 1t is here maintained
and void because they strip the Admiralty Courts
Of the United States OF the Jurisdiction conferred
upon them by the constitution, because the treaty
cause the treaty Is with the kingdom Of Prussia,
and there are no consnls or yice-consuls OF
that kingdom now In the United States, and
those OF the North German Union which, 1t Is
urged, do not come within the treaty stipulation.
mitted that to maintain such tribunals in our midst
Is to create many tribunals independent OF our ma
tona courts and is contrary to the spirit OF in
stltntions. Thirteen natonalities are cited which
have treaties with similar clauses thus establishing
thirteen other tribunals OF the same class.
No. 5s.--French vs.. Edwards ct al.-Error to the
Circuit Court for Callfornia.-Ths is an action Of
ejectment, brought by the plaintiff in error to re-
cover possession of tract Of land In Sacramento
county, California, being part OF what Is known
as the Suffer grant The plaintiff derived title from
one Vance, who held under Suffer, where title was
founded on Mexican grant mode in 1s41, and patent
from the United States, issued June 90 1865 The
defendants claimed under parties who held a
bherifs deed, in pursuance OF Judgment in favor
or the State in an action brought to delin-
quent taxes. Upon the evidence introduced by the
defence to prove the regularity OF the proceedings
under which the Shelil7s deed was given, the
Court directed verdict for the defendants, and
1t Is here insisted that this instruction was
error, because the tax deed was invalid
for irregularities. 1t is urged that the whole
OF the property was sold to pay the judgment
against 1t, and not merely such portion of it as
was necessary to pay the claims OF the State, as
CURED by law. II is also said that no Judgment
record was introduced to support the Sherins deed
and that that document alone could show its verify
Slher minor irregularities submitted. f. o
defendants. -
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
Theatrical I.itiaat,ou

Before Judge spauding
Harry wa. VS.. Sheridan Shook.-This was an
action brought by H. Wall, the husband of Miss
Annie adams, the celebrated serio-comic vocalist,
againft Sheridan Shook, proprietor of the Union
Sqrare Theatre this city, to recover $3.50 o3,
$3.50 os being arrears for salary DUE and the re-
naming $500 damages for breach of contract. Mr.
Charles, Blandy OF counsel for the plaintiff showed
that enc Robert White Butler, as manager OF the
Union Square Theatre, had engaged Miss
AID nie Adams in England, in June last
10 perform at the aforesaid Theatre com
'.nencing at the first opening, in Sep
TENDER LAST for twenty-six weeks certain, at a
weekly salary of f35, gold English money, and had
agreed to prepay first class fares and clear the
baggage for two persons from London to New York.
Miss Adams had only performed fourteen weeks
under that contract, having been paid in full for
ten weeks only leaving the balance $3.50 90, on the
succeeding four weeks salary still due, when, the
contract having been broken on the part OF the de-
PENDANT, Miss Adams ceased to perform any longer
under 1t. The case lasted three hours and was
then adjourned till yesterday, but In the meantime
was settled by the parties in litigation on Thursday
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
SUPERIOR COUaT-TRIAL TERm-pART !.
Non-Payment OF Coupons ON Railroad
Bonds.


Bonds.
Before Judge Mcneil.
Charles Mallory vs.. West Shore Hudson River
Railroad company-Some years ago the plaintiff
sold a steam yacht to Mr.. Thompson, President OF
the defendants Company, receiving in payment
$4,000 in railroad bonds and the balance In stock.
Some time after, on applying for payment Of the
coupons, the same was refused. The present suit
was brought for the WHOLE amount, it being
claimed that when the interest was not paid the
principal was due. The facts stated were admitted
by the defendant, but IL claimed that the bonds
were not due until 1888, and that they contained no
clause by which the principal could be set up as
the bonds could be foreclosed contained
q clause that single creditor could
be preferred to others; that failure
10 pay the coupons did not make compulsory pay
ment OF the principal, and that no action Of fore
closure could be brought without the consent OF a
majority OF the bondholders. The Court directed q
verdict for the PLAINTIFF for 1913 sS In gold, sub
ect TO decision upon the exceptions to be carried
to General Term.