davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-05
SUPREME C0uaT--CIaCUIr.
The Dcfunct Central Bank Lftiga alton.
Before Judge Gilbert.

The Dcfunct Central Bank Litigation.
Before Judge Gilbert.
In the suit OF Silas butcher assignee OF the de-
funct bank, against the Importers and Traders
Bank OF New York, reported yesterday, the jury,
under the Courts instructions, rendered verdict
In favor OF plaintiff for So, 49, the full amount
claimed. with interest The facts OF the case show
that the Central Bank, which suspended on Tues
day. the I'd OF August 1870, had for time prior
to that time been the agent in this city for the I'm
porters and Traders Bank, to which 1t sent notes,
drafts, checks, &C, for collection. On the SOth OF
July 1870 the Importers and Traders Bank drew
upon the Central Bank draft Tor $4,000, which
on the 1st OF August was paid through the ex-
changes. After the draft was paid there was
still in the Central Bank to the credit OF the
Importers and Traders Bank several thousand
dollars. This action was brought to recover the
amount Of the draft, $4,000, which was paid on
the lst Of August, the plaintiff taking the ground
that this payment was In preference OF creditor,
and consequently recoverable under the Bankrupt
act.
II was claimed by the defence that the Importers
and Traders Bank could not be considered in the
light OF creditor OF the Central Bank, but that
the Central Bank being merely its agent for the
collection OF notes, drafts, checks, &C. the iuDds
received by ID were trust funds and were rightly
paid over upon the draft. II was also claimed that
the assignee in bankruptcy should pay over in full
the balance due by the Central Bank to the I'm
pOrterS and Traders Bank.
The New York herald., 1872-12-05
I,REsH BEEF AND VEGETABLES.

NAVY Par OyFIcK, No. 20 BROADWAY
NEw YORK, Dec. 2, 1872.
Sealed proposals., endorsed Proposals Fresh Beef
amt Vegetables will be received at this Office until
o'clock r. NJ on the seventh 9TH day OF December 1872,
the supply hundred thousand 100000 pounds
Of Fresh Beef and hundred thousand OO0O pounds
OF Fresh Vegetables at the Brooklyn Navy Yard and
station. as required.
The Beef must be Of good quality and equal to the grade
equal proportion OF fore and hind quarters The yegca-
bes must be of the best quality the market affords, and
the Beet and Vegetables must be offered for by the
pound
Bonds with approved security, will be required in one
quarter OF the estimated amount OF the contract and
twenty cent in addition will be withheld from IN
amount of each payment collateral security the
not be paid until the contract is illy complied with.
Every offer must be accompanied by written guaran-
tee signed by responsible persons, that the
bidder bidders will il his their bid be accepted
ter into obligation within i've days, with good aud
sufficient surctes, to furnish the articles proposed
No proposal will be considered unless accompanied by
such guarantee, and the department the right
guarators certified to by the Assessor OF Internal Rev
for the district in which they reside and unless
evidence that the bidder is regular dealer
In articles he offers supply Is furnished with the
proposal well as to reject proposal not considered
ad yantageous TO the government
It TO be understood that the contract will expire Of
the close OF the fiscal year ending June 30 1873 without
and, the stipulated quantity either article shall
be delivered before that date, leaving balance due
the other article, the contract may lie considered
pletcd In full, at the option OF The department
j. o. BRADFORD,
Pay Director United states Navy.
The New York herald., 1872-12-05
JEFFERSON MARKET POLICE COURT

Robbery in . Jewelry Store.
On Tuesday afternoon young man named James
Forrest, OF nne appearance and good address,
entered the jeweiry store OF Edwin Bennett, l,294
Broadway, and requested to look at some lockets
as he desired to buy one for the Alderman OF his
ward. A tray containing variety OF lockets was
taken from the showcase and placed before him.
While the attention Of the proprietor was directed
elsewhere Forrest slipped one Of them into his
pocket. The motion was observed, however, by
Mr. Bennett and Its production demanded The
locket was surrendered and an officer called In
and Forrest given in charge. Held to bail In the
sum Of $500 to answer. s s
Policy Dealers.
The raid upon the policy dealers still continues,
and the police authorities seem determined to
break up this form OF violating the Lottery act.
Several were brought up at Jefferson Market
evidence. George Weber, OF fo3 Sullivan street, was
held to answer.
-R Attempt at Burglary.
On Tuesday morning, at halfpast seven O'Clock,
On1cers Henderson and Gallagher observed q man
OF suspicious appearance and action In front Of the
taior's shop OF William M. Kopperman, No. 4 West
Fourth street. They watched him for time and
finally saw him In the act Of breaking the inner
door with sjimmy.n He was arrested and yes
tcrday brought up at Jefferson Market and COM
mitted for trial.
False Representations.
Thomas F. Brinshade, OF Connecticut, was yes
terday brought up before the Jefferson Market PO-
lice Court, charged with obtaining, by false pre-
tence the money on check drawn by Neville w.
Bloss The examination, which is likely to prove
long, aud involving extensive business transac
tions, was set down for future day, and the pris
oner held to bail meanwhile.
The New York herald., 1872-12-05
MARRIAGES AND DEATHS.
Married..

ANDERsoN-TAr.-On Wednesday December l.
1877. in this city. by the Rev. DR.. Edward McGynn,
pHINE TAFT OF Richmond, Va No cards.
BacaH.PATTEnsos1 i baltimore. IHe ef &d., on Wed.
bytcrian church, by the Rev. w. U. Murkland, j.
s. BIncn, OF New York, to Miss MARY +. PArTER-
BRowNE-BoaART.-At Emwood, Roslyn, L. l.,
on Tuesday, December s. 1872 by the Rev. Charles
r Strong. JESSE Brown. Jr., of Jamaica, L. l., to
OF the former place.
CARPENTER-LYoN.-On Wednesday evening,
tional church, by the Rev. Henry Ward Beecher,
JAMES Q. CARPENTER: to ALENA r., eldest daughter
William Lyon Esq., snms a Of BROOKLYN non,.
December 2, by the Rev. DR.. Stryker, ROLAND L.
DoIy, Of New York city, to Mrs. ELIZA CoMsrocK, OF
ER-MAcDoNALD.-At the residence OF the
BRIDES parents, Fairvew, n. j.. on "Wednesday,
November l3 1872, by the Rev: Mr. Taylor, Angus
OF David and Mary Macdonald.
ELLIoTT-RICE.-On Tuesday. December g. 1872,
at First Reformed church, by Rev. DR.. Kimbal
LEWIS J. ELLIOTT to JEANNIE D. RICE. both OIL this
city.
November 20, by the Rev. W. II. Parmley, Mr.. john
daughter ofJ ]. Riker, Of Jersey City: No cards
PALMER-MoTT.-On Wednesday, November 81
by the Rev. j. H. Stansbury at the residence OF the
BRIDES parents, WIN. H. PALMER, Jr, OF this city, to
EVA b Mort, OF Patchogue, l. !. NO cards.
at the residence Of the brides sister, by the Rev
Thomas Armitage, ID. d., CHARLES T. PEGG 10
EIIzABETH +. KEYsER, daughter OF Ernest kcyser,
Esq. all of this city,
RAEsOM-SEYDFR.-On Tuesday, December B. at
the Collegiate church, Firth avenue and Forty
eighth street. by Rev. James M. Ludlow, ID,
GEORGE w. RANSOM to JULIA s., daughter OF
Henry snyder. Esq, all or this city,
ROGERs-LEwIs-n Brooklyn, at the residence
of the BRIDES parents. on Monday, December 2
1872, by Rev. stephen II. Tyng, Jr., CHARLES f.
ROGERS TO ANNIE, youngest daughter of Arnold A.
Lewis. No cards.
SoLELIAC-ANrHoNY-O Wednesday, December
A. 1872, by Rev. Thomas ). Hastings. ID. d., LOUIS
SoLELIAC to ELLA NJ, daughter OF Edward Anthony,
all OF this city.
VREDESBURG-IIAUNE.--A Harlem, on Wednes-
day, November 27, by the Rev. w. w. Bowdish,
ORIN s. VREDENBURG to Miss HATTIE M. LAUNE.
eldest daughter OF the late stephen d. Laune, Esq,
all OF Harlem. No cards.
WicKEs-WAYMAN.-At Annapolis, Monday,
December 2, ROSCOE V. WiC8Es OF Brooklyn, to
ANNIE, daughter OF william Wayman, Esq, of the
former place. No cards
The New York herald., 1872-12-05
IMPORTANT DECISION IN BANK.
RUPTCY.

A Note Given without Valuable Com.
sideration Not Regarded as an Act or
Bankruptcy-What Constitutes n sus-
pension Of Payment.
Yesterday in the United States District Court
Judge Blatchford rendered decision In the case
OF william Mannheim, an alleged bankrupt The
Judge says:--"I do not think this is proper case
LOT adjudication. The sole act OF bankruptcy al
legged is the suspension OF payment for fourteen
days OF the promissory note held by the petitioner.
1t is shown that the alleged bankrupt Is man of
large property; that he has not suspended pay
ment OF his debts and his commercial
paper gcncrally that he is engaged In prose-
cutting regular business wholly unconncctcd with
the transaction In regard TO which the note was
given; that he failed to pay the note because he
was advised by counsel and believed he had i good
defence to 1t on the ground that he mad never re-
ceived any consideration for 10, and that it was
passed away by the payee Ia violation OF the agree
ment under which IL was given and that The pe-
titioner was not bona tide holder OF IL Tor vaIu-
able consideration without notice, ond that 4 suit
is now pending IN the Supreme Court of New
York. against him, brought on the note
was instituted. which suit 10 dcleadeJ on
The New York herald., 1872-12-05

AZ SAe defeu0aut 70 3 speedy examination at the
earliest possible period. conceded that lt was
the privilege OF the District Attorney " ask for the
adournment under the circumstances he had
stated. IL appeared that the books OF the bank
were in Middletown, aud summons " produce
them could not be served until to-day. 1t was.
therefore proper for him to ADJOURN the case until
Friday, ut eleven O'Clock.
the question OF
BAIL ron THE DEPENDANT,
which had been named at $4,000.
The Commissioner said he had no disposition
whatever to be hard upon the defendant, who, he
was informed by Mr.. Kehoe, the Deputy Marshal,
was iii. He would nx the bail at IS 600, with the
understanding that H. In the progress OF the ex-
animation, the evidence tended towards the guilt
OF the defendant, the District Attorney might be
at liberty to move to increase IL.
gentleman present from Orange county said
he knew Mr.. Graham well; he was respectfully
connected. and II he were allowed out on his own
recognizances he believed he would not run away.
The proceedings then terminated.
The New York herald., 1872-12-05
a9941'i i1'-Is - - --as----s-'il- =
CLO1'iltsG.

+ THE UPTOWN STABLISHMENT sic SIXTH Av-
~ cnue near Forty-sixth strect-Wanted Immediately,
100 Overcoats aud aO pairs Of Pants will positively
from 81 TO $40 each also Carpets Please call address
Mr.. or Mrs. tLArTO.
A 4 5ss BROADWAY, NEAR THIRTEENTH STREET,
"A ~ HERR pays the highest price Tor ladies' ana gen
tlemens Wearing Apparel, Carpets, Ladies will be
waited on by Mrs Herr.
A TTFNTfoN AT 81 SIXTH AvENUE-AsToNIsH
~ prices paid Tor Cast on Wearing Apparclor dresses
81 to SIj~ Coats 81 to $50 Pants 81 20 SS Please call
address Mr. or Mrs. ~ HARRIS. 81 sixth avenue third
store aDove Waverley place.
AT EDWARD MTLLER's WELL KNOWN EsTAB-
IN iisimcnt lD seventh avenue. near Nincteciith
street. the utmost value paid for Casto Clothing Car
pc :, &C., b. calling on addressing MI. or Mrs MIL
lER
A TTENTt0N.--t TAKE THE PLEASURE or IN
N iorIuirg you ladies' aud gentlemen having any
Wearing Apparel Carpets Furaiturc Se 70 dispose oi
should call o address Mr. and Mrs. ROSENBERV 40
H. YOU wish ", per ccnt more than elsewhere.
Ar zgf THIRD AVENUE, NEAR TwENrY-rHlRD
~ grect--M LEON pays the highest price for ladies'
aud gcntancns Cast-Qd Clothing, Carpets &c. Ladies
waited on by Mira. Leon
ATM MARKS WELL. KNOWN ESTABLISHMENTS.
"a g. aui Ut sixth avenue, opposite Eighth street
i1d.es sad gentcmcn receive the utntost value IN
cash Cssou Ctohiug Carpets, Jewclry, Lsces
&c .ieas, call Al address The nunbes abosc
t.nd,cs ated on VI Mrs Matks Please try aud SATISFY
yourself
The New York herald., 1872-12-05

the shove grounds and n at issue
and ready for trial. Under these circumstances
the debtor cannot be said to have SUSPENDED pay
meut Of his commercial paper within the meaning
of the statute. IL was not intended that such .
person should he put into bankruptcy. IL is not
for this Court TO try the question OF the actual
liability OF the debtor the note and adjudge that
there was suspension OF payment OF his CONNER
cial paper, II such liability existed. The proper
forum for the determination OF the question as to
such liability Ii the Court in which the suit on the
note Is pending.
The petition is dismissed with costs 8. d. Sew
ards for the petitioner. J. ID. Raymert for the
debtor.
The New York herald., 1872-12-05
IMPORTANT DECISION IN BANKRUPTCY.
tiOn-What Constitutes Suspension
Of Payment THE Bona Eide
Holder Of q Note.

Counsel on behalf Of Henry Rogers, under
sentence OF death for the murder Of
Ohicer Donohue, in Brooklyn, made an urgent
appeal yesterday to Governor Holman, at his
Eooms In the Clarendon Hotel for respite Of
thirty days. District Attorney Britton, OF Kings
county, opposed the application. Governor Hof-
man said he would consider the matter and tele-
graph his decision to-day from Sing Sing. "But,n
gald the Governor, "he Rogers) did not give the
pf1ccr i've minutes for hearing"
Abel G. Benedict, who has been indicted for re-
Sisting United States Supervisor OF Election, on
the 5th OF November last, at Dobbs' Ferry, was
arrested yesterday by Deputy Marshal Purvis on
q bench warrant and taken before Commissioner
Shields Benedict gave bonds in $1,000 to appear
for trial.
The case OF ex-senator william M. Graham, who
is charged before Commissioner Osborn with hav-
tng embezzled $100, 900 from the Waikiki National
Bank, OF Middletown, Orange county, OF which in
Htituton he has been President for the last twelve
years. was adjourned from yesterday until to NOR
row Friday), in consequence Of the non attend
ance OF witnesses. This prosecution excites good
deal ofinterest. The details Of the case will be
found fully reported in our law columns.
In the United States District Court yesterday
Judge Blatchford dismissed the petition that had
helm into bankruptcy In this case the Judge
holds that person who is in good circumstances
and in trade cannot be deemed a bankrupt because
be does not take up note to which he is advised
by counsel he has valid and proper defence This
Is very just view OF how far the Bankruptcy act
should extend.
The New York herald., 1872-12-05
THE Waikiki BANK DEFALCATION.
Arrest Of the President and Flight Of the
Cashier of the Bank-Ex-Senator Gra-
ham Under Examination Ad-
ieurnment in the Absence of
Material Witness.
The Case Of Rogers, Convicted Of the
Murder Of Officer DOnOhue.

East Appeal to Governor Hoffman for Respite
Of Thirty Days-Argument Of Counsel For
and Againn-Ths Governor Not in Favor
Of Extsnsion Of Tims-"He Did Not
Give His Victim Five Minutes for
. Hearing'-The Sheriff to
Continue His Preparations.
The New York herald., 1872-12-05
PROPOSALS.

DoARD or ENGINEERS OF THE FOURTH AVENUE
ID iMpRoyExxSr, OfsIcs GRAND CENTRAL DEror, NEW
Y0RK November y, lS72N0tice to Gontrac ors-Sealed
proposals work the Fourth avenue Improvement,
between aud seventy ninth streets will be
O'Clock r. of December l6 1872 Plans specifications
blank proposals will be ready and the 10Th
inst. ALLAN CAMPBELL Board OF
A. W. CRAVEN, Engineers
EDWARD ii. TRACY, Fourth Avenue
L. c. BUCKHOUT, Improvement.
The New York herald., 1872-12-05
COURT Of APpEAls-Osy CALENDAR.

ALBANY, N. Y, Dec. 4, 1872.
The following IL the day calendar OF the Court OF
Appeals for December 5, 1877
Nos. so, 35S. 3Si, 400, 49i, 1856, 86s, $50.
The New York herald., 1872-12-05
BROOKLYN COURTS.
UNITED STATES COMMISSIONERS COURT.
Cigar Dealers Troubles.
Qnforo n0n m aainnnr Winnlnxu
Before Commissioner Winsloy

Two cigar dealers, Robert Moore, OF 20 Front
street. and Sylvester Brewster, of 1856 Sands street.
were charged with doing business without paying
the special tax. They were held to answer. The
amount Of tax required by statute is $25 year.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-23
A STOCK-JOBBING RUMOR.

rumOr reached the HERALD Office yesterday
afternoon, purporting to come from the Grad Gen.
trail Hotel, and to have been verified and vouched
for there, that Commodore Vanderbilt, the vener-
able and well-known railroad king, had breathed
his last short time bel0ge ut his home IN Washing
ton place. 1t was also asserted that the "Stars
and Stripes" hung at halfmast over the hoselre on
pass unnOtlced Dy the HERALD, and reporter was
Immediately despatched to Investigate lis truth or
falsity. He ascertained that 1t had
NOT THE SLIGHTEST FOUNDATION IN TRUTH
and was probably spread abroad for sinister nur
pOses Inquiries ut the hotel elected the TACT that
the employees there had not heard OF tue death or
sickness or the Commodore, ana furthermore that
their nag had not been holsted at all, either hall
mast or whole.
At the Commodore's residence, in Washington
place there was such total absence OF every Symp.
tom OF sickness death that the reporter was haf
But truth at first hand Is always best, and so nc
tered. The servant who admitted him was Tor a
moment surprised that al inquiry should be made
regard 70 The sickness or death OF her employ
who had in It mOment before come In to his lunch.
She, however, notified the Commodore, VINO
promptly appeared lt prOpria persona, and smiled
at The rumOr, which ne pronounced stock .ObDlng
fabrication.
'HA THE RAsCALs,"
said the venerable railroad magnate; they set that
rlmor alOat for the purpose OF stock Speculat0ns.
But was never better IN all my life, and have not
been day sick all the WINTER" With this assur-
ance from the man who was reported To have died.
the place OF this article, that he was still aye and
well the reporter felt perfectly Satisfied as no doub
the pubic will also feel to-day when they read this
denial OF the base report.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-23
SWALLOWING A FATAL DRAUaHr.

Shortly before two O'Clock yesterday morning
George w. Conn, OF 4S0 BrOome street, and John
H. Martin OF Washington county, this State, called
at the Eighth precinct police station and reported
TO the Sergeant IN command that HAIR an hour pre-
viously Fanny Temple, q single woman, twenty nine
years OF age, living at 4so Broome street, while In
her room with some friends had drank glass OF
wine Subsequently Fanny became sick, and
stated she had swallowed laudanum In the
wine win the intention Of committing suicide. DIR.
Frazer attended the unfortunate woman till eleven
O'Clock yesterday morning when death ensued.
Coroner bergman was notified TO hold an inquest,
and In the afternoon took some testimony, from
Which 1t appeared the deceased, native OF Massa-
chu setts was a married woman, but did not 1--we
Wit, her husband, who Is IN some one 0l tle East
ern States For the last Two years she had lived In
this city with George W. Coffin, OF whom at inter-
months ago attempted to swallow Juan
tity OF laudanum, nut was prevented bv CONN
knocking the bottle from n a nana: Om SUNDAY
Gus, again went In search OF him. and nnally traced
MIN TO house In Twenty-iifth street. near SlXtn
avenue, when she remarked ~ nave caught you; You
started down sixth avenue, ana near IwenV..iru
street called into drug store and made purchase.
Mr. Martin, VINO was WIN mer ",ea Inn s Soon mil.
Inv n paper from her bosom, which he supposed
Contained the poison, threw 1t away. Fanny and
Martin then returned nome s amn wnr 0o Ina
then poured out some sherry wine IN glass, anu,
gong into an adjoining room, drank the VINE ana
She ihen told Mrs. Jane Russell, who Keeps the
house ana also Coffin what she had done, aud that
she wanted to die Such, IN BRIEF, IS the history OF
the ease the case IS not yet concluded, and the
hndv was sent TO the Morgue, where DR.. John
Beacn Will hold p0st-mortem examinations inc
sister of deceased, In Boston, has been notified by
telegraph and Is expected to claim the remains for
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-23
THE HARB0R INVESTIGATION.

A Witness Who EulOgiZes Captain Hart.
The investigation In the case OF the Harbor
Master was resumed at ten O'Clock yesterday morn
ing.
The first witness examined was Mr.. Gardner, a
stevedore. He said In substance that he had made
out his bill for about four hundred barrels OF -FOUR
he had the policy of insurance. for which he
charged; he paid seventy-hve cents year on
policy OF $lUO his policies vary from $50 TO 1000:
he charges short rates; he did not pay
$3.50 for insurlng Coieman's nour; the
bill rendered Tor SSs "a Is insurance. storage and
cooperage; he did not say that he had not pad the
insurance; Coleman seemed to him to be an honest
clever, was lighting up NIL: he bears none OF the
expenses Of the present investigation; he never
stalled Tn at Hart was foolish, that he mad to pay
him Tor his having stored goods in warehouses; the
Two lots OF iOur mentioned In the bills produced
were covered; weremoved the flour on the order OF
Hart
Michael O'Brien, in the employ OF the Erie Rail-
way said that the -four lay on the pier Ior three
DAYS; on November 10 Coleman's iiour was lying
there; we took some -four IRON lighter and q good
deal Of hour was then lying there that -four was
nOtremoved; the -four Was IN his way and he COM
planned OF 1t; he said that Captain Hart was most
attentive to his duties; we had TO walt hours Tor
position 8c pier No s; the agent had paid the
wharfage Tor a berth opposite that nearto the one
on which Coleman & Co.'s -four lay.
Christopher c. Van Aiken was examined, but his
testimony was iminaterial
The investigation was then adjourned until ten
O'Clock tOdaV.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-23
A HYpOCRITE Gagged.

James Lee, alias Bernard Dempsey ODougheriy,
IL a youth with decided pretensions to piety, and
has been employed lately as teacher In the school
attached TO 81. Columbas church, In West Twenty
nnh street. Lee boarded in the tenement house No.
I,o seventh avenue III which house resided william
cnIvert. a chalrmaker, and family. shortly after
d~ce a daughter OF Mr. Culyert, out was frustrated
in mis- Infamous designs On saturday lsth inst, ne
entlced younger sister OF ms intended vlcsm
and there by threats and the display OF o revolver
made ner submit to his wishes. The child was so
fouy treated oy the plous brute that doctor had
20 be called In. Tue doctor discovered the state OF
Things and informed her parents, who mad Lee ar
rested. lie was yesterday at Jefferson Market COM
mtted, without the option OF bal, by Justice Led
With, " answer.