davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-11
PAY OF CIVIL JUSTICES.

Judge Quinn's Controversy with the
Comptroller AS to His SuIary-Decision
Of Judge Fancher, OF the Supreme
Court, In the Case-Judge Quinn Sus-
fafncd and the Grounds for Sustaining
Him.
Judge Quinn, OF the First Judicial district, was
elected Judge for six years from the LIST January.
1870. he entered upon the duties OF his Office at
the date mentioned and still continues to perform
the duties or civil justice. lie drew his saiary, at
sbe rate Of Sic, 600 per annum, and there was no
dif1cuity In the way until September, year ago
when the Comptroller insisted that he had been
receiving twice as much as he was entitled to, and
refused TO pay the fu amount claimed. Judge
Quinn would not submit to this fifty per cent re-
duction, and the Comptroller, still holding out In
bis determination not to pay any more, suit was
brought against the latter for his full SAL
AIRY from the lst Of September, 1871, to the
5lst OF May, 1872, AZ the rate OF $4,000 per
annum. Special importance was attached to the
suit, because the result concerned not only Judge
QUINN, but because all the other civil justices were
N the same boat; The defence was that the Judges
salary was liked by law at ZOO a year, and fur-
ther, IL was declared that there was no money IN
Inc treasury appropriated for the payment OF the
salary ~ 9Ioooo per annum. demurrer was
made 70 tnls answer. IL ~ unnecessary TO 20 over
all the details OF the case, they have been here.
fOfOre published. Judge Fancher OF the Supreme
Court, yesterday gave his decision In the case. II
% rather yOuminOus covering some twenty pages
Of clOsely-writtcn fo0lscap. The following Is an
JUDaE raNCHHR's OPINION.
Tie FIRST takes up the question OF the salary and
whether The same is legally fixed az $4,000 per
annum or 1t hall this amount, as alleged by the
10mptp0lIer. He holds that this point js settled
N The action VI the Board Of supei,lsvre. who
The New York herald., 1872-12-11
MARINE COUBT-pART 3.
Requisites to the Formation OF a Linz
tied Partnership in This Statc-Impor-
tant to Special Partners.

Requisites to the Formation OF a Linz
ited Partnership In This Statc-Impor-
tant to Special Partners.
Before Justice JOachimsen.
Mr.. Levey sued the defendants, James M. White,
Charles q. White, stephen o. Whitm0re and
James Lock, for balance OF about $500, as makers
OF notes amounting to sl,2ss 3s, under the firm OF
White, Son Whitmore. The defence on the part
OF Mr.. Lock was that these notes were the paper
OF firm Of which he was the special partner and
therefore not liable. The evidence showed that on
the Gath of April, 1870, J. NJ White and Mr.. Lock
were in partnership. On that day articles OF
partnership were executed by all the defendants
IN this action, by which Mr.. Lock was to become q
special or silent partner Ior two years, from
May l. 1870, and to contribute $4,000 in cash to-
wards IT, On the 18th OF May, 1870, these parties
made and acknowledged a statutory certificate OF
the formation OF limited partnership for two
years, to commence on the previous I'd OF May,
1870. This certificate was registered on the 14th OF
June, 1870, and publication commenced on the 10th
Of June.
on this state of facts the Court held that the
partnership was a general and never was q
limited partnership for the reasons
Frsf-The articles of copartnership leave ii to the
option of Mr. Lock TO be special" SILENT part
ncr which are irreconcilable POSITIONS
Secoad-The formation OF special partnership on the
18th May upon capital agreed to be furnished the
"a OF May was not such contribution us protects the
fhird-The claim that limited partnership is TO COM
at past period Is unauthorized and imperative
and viates the legal effect claimed for it.
Fourt-The want OF registry OF the certificate
the nth June, 1870, was failure to comply with the
statute.
Judgment for plaintiff for amount claimed and
interest and costs and $25 allowance,
The New York herald., 1872-12-11

order to break the contract mp. The accused re-
luctantly admitted that he took
AN IMPRESSION OF A KEY
In sealing wax, which was furnished by Peterson,
who told me that a key was made.
Nelson said that he was charged with receiving
and purchasing leather which was said to have
been stolen from the Methodist Book Concern.
He appeared before the committee and gave q
satisfactory explanation of how he became pos
sessed OF It. and that the last he heard OF the
matter. He bought some tin from Mr.. Van Avery
below the market price for cash, but did not know
The register OF the United States Hotel was pro-
duced, and It was shown that Nelson entered fc-
ttlous names upon IL In the presence OF the clerk
put being intimate with the clerks, and OF them
having done the same when business was dull, that
circumstance was satisfactorily explained.
large number OF gentlemen IN the tin and iron
business were called and examined on the subject
Of character all Of whom testified to the good repu
tatiOn OF Abram Nelson.
The prosecution offered no rebutting testimony.
: Recorder Smith then proceeded to address the
court IN reference to the Indictment, claiming that
there were legal aws In It, and that If the defend
ant could be convicted or any offence 1t would be
OF petit larceny In stealing the umbrella.
Mr.. Smith had not concluded his argument at a
late hour In the afternoon. The case will be con-
cluded TO-DAY.
The New York herald., 1872-12-11
BROOKLYN COURTS.
CITY coURT-TRlAl TERM.
Alleged Seduction and Breach OF Prom
ise-$15, 900 Damages Claimed.

Alleged Seduction and Breach OF Prom.
1sc-$15, 900 Damages Claimed.
Before Judge Nelson.
Bertha Steinfeld, q handsome young Jewess,
brought suit against Herman Levy to recover DAM
ages in the sum of 600 for alleged seduction and
breach Of promise OF marriage. The PLAINTIFFS
story was that she had known the defendant three
years. and in November, 1870, he first spoke to her
about marriage. He said he was an honest and
upright man and asked her If she would marry
him. subsequently they went to his cousins, in
Thirty fourth street, New York, where he took her
into reception room. and asked her II she would
90 up stairs to see his cousin. She went up stairs
with him, and on entering an apartment the door
was locked and he made promise OF marriage to
her then. Miss Steinfield cried out, when he told
her to be quiet. After that he begged to be for
given, but said he would never marry woman
that was not upright. A child was born to her on
the Sth OF August, 1871, but 1t died few months
ago.
An attempt was made on the crossexamination
of the plantifY, and during the testimony OF other
witnesses examined on her behalf, to show that
che was not previously chaste but the effort failed.
Case atill ON.
The New York herald., 1872-12-11
SUPREME CoUaT--cAAmSEAs.
Decisions.

BY Judge Barrett.
White ct al. vs. Lehman.-Motion denied, with
out costs.
Ella p. Hines vs. Thomas J. Hines.-Rep0rt con-
1rmed and Judgment of divorce granted.
John A. Gregory vs.. Mary A. Greggory.-PrO0f
OF service wanted.
John v. McGregor vs. Thomas Walsh.-Default
opened on payment OF $40 term fee and $40 costs
OF opposing this motion; Judgment execution and
levy instead OF security.
In the matter Of the petition Of Elizabeth J. Ed
wards ct al, infants, to sell real estate.-Order
granted.
BY Juge Leonard.
R0ssbach ct al. Vs. Trischman.-MOti0n denied,
with $40 costs.
In the matter OF Mary w. Barre, an infant, &C.
tectorate to James Rogers void and further ad-
jOurnment ordered to If the institution OF the
Sacred Heart will accept the child upon the stipu-
lati0n OF the child's mother to pay Its expenses.
The New York herald., 1872-12-11
COURT OF APPEALS.
ALBANY, N. Y, Dec. 10, 1872.
Decisions.

ALBANY, N. T., Dec III, 1872.
Decisions.
Decisions IN the Court of Appeals judgments
affirmed, with cOsts.-The People eX rel. Commits
sioner OF Annsville vs. Whitman, Beathie Vs.
Niagara County Bank, Hubbel vs. Sbley, Jones vs.
Sheldon.
Judgment of General Term reversed and judg-
ment on report OF referee affirmed, with COSTS
Fielder vs. Darrin.
Judgment OF General Term reversed and udg-
ment Of Special Term affirmed, without costs to
either party.-PeOple ex rel FUrman Clute.
Judgment reversed and new trial granted.-Taft
vs.. Chapman.
ordered that motion stand over and be heard on
the 1st day OF January on the papers already pre-
sented and such other papers as the parties shall
then produce, the moving party being at liberty to
serve additional afldavits and papers at least ten
days before such day. People eX rel. Commission
ers OF Highways of the town OF Lee vs.. Wilson,
Motion denied, With $40 costs.-Williams VS.. An.
ders0n.
Motion denied.-Laning vs.. New York Central
Railroad Company.
Appeal dismissed, with costs-The People, &C.,
the President. &C., OF Delaware and Hudson Canal
Company vs.. SchoOnmaker; In the matter OF the
Commissioners OF Central Park relative to OPEN
ing certain avenues, &c.
Calendar.
ALBANY, Dec. 10, 1872
The following is the Court of Appeals day calen-
dar for Decemer 11:-NOs. $40, 871, S72, S75, sos,
$40, 1863, ass.
The New York herald., 1872-12-11
SUPREME CouHT-TRlAt TERM.

COal.Hole Case-Penalty of Not Secur-
ing a Coal-Hole Cover-A Verdict for
$4,50O Damages.
Before Judge Van Brunt,
In May, 1868, Margaret Whalen then employed
as nurse in the family of s. N. Pyser in getting
out of the latters carriage with the children, Op
posite 942 Sixth avenue, stepped on the coalhole
cover. The hole not being properly secured, the
cover turned edgewise and she was severely in
jured, the effects Of the injuries still remaining.
She brought suit against Mrs. Elizabeth Gl0uces-
ter, the owner Of the premises, and the trial was
concluded yesterday before Judge Van Brunt, hold
Was that the et Ine ts anothce
party who mad agreed to make the rcpams. n W "a
shown that the defendant had previous knowledge
OF the unsafe condition Of the cOal-hoe cover and
took no steps to have ii repaired. The jury were
out but a few moments and brought in a verdict
for $4,000 for the plaintiff.
The New York herald., 1872-12-11
COURT Or SPECIAL SESSIONS.
Trial OF in Alleged swindIer.

Before Judges Bixby, Scott and Ledwith.
For some time past there have been various
schemes practsed for the purpose OF inducing
young men 10 mlnge in so-called "games or
chance" where the chances are decidedly against
them. The first case called at the Court OF Special
Sessions yesterday was one OF this nature
the complainant being Edwin NJ. Colt Jr,
NJ. d., haillng from Troy. and the defendant
one John Mcmahon. DR.. Colt was hurried to the
stand In a state Of great trepidaton and directed
by his counsel to state his case. The Doctor is a
little man, very nervous, and 1t was evidently Q
great task for him to appear In the T0ie OF prose-
cutor.
As he took the witness seat Mr.. Justice Bixby
looked ON him c0mpassionateiy ana
GREATLY MEASURED HIM.
Don't be alarmed, Doctor. Proceed with your
statement
The little Doctor moved his glasses uneasIly and
at last seated himself
DIR. COLTS STATEMENT.
DR.. COlt-Last FRIDAY. lust after dinner. I was
The New York herald., 1872-12-11
BUSINESS IN THE OTHER CURTIS.
UNITED STATES COMMISSIONERS Cous.

The Case of NoOnan, the Alleged rorgcs-
An English Extradition C.sc-The
Papers Received, and the Examination
OF the Accused Commenced
Before Commissioner Osborn.
Yesterday the case OF Denis Noona who ia
charged under the Extradition Treaty ith Eng.
land, with having committed forgery at Charlie
vile, county Cork. Ireland was resued before
Commissioner osborn. Mr.. Marbury apeared as
counsel for the British GovernineI and Mr.,
william i. Howe Tor the prisoner.
Mr.. Marbury stated that he had Just rceiyed the
papers in the case and submitted ZEN to the
Commissioner.
An officer OF the Royal Irish Constabmry was in
attendance, and he identified Noonan J the per.
son charged In the papers.
In order to enable counsel to examin the papers
carefully an adjournment was taken tiltrday.
Arrest OF Alleged Countcrfeters.
Before Commissioner Shield
Yesterday two men, giving the naes OF Ber-
nard II. Smith and Charles II. White, ere brought
before Commissioner Shields on char OF passing
counterfeit nifty cent stamps at lager ecr saloons
up town. They were arrested by po;emen, and
after being taken into custody ther was found
upon White the sum OF $40I IN fifty clt counter
felt stamps. smith also had on his pson sl09 in
counterfeit money and o bond f0rb500 on the
Brooklyn and R0ckaway Railroad. ie Commis-
sioner held each Of tho prisoners In 1000 bail J0r
The New York herald., 1872-12-11
MARRIAGES AND DEATHS.
Married.

DAvIs-NEwToN.-On Sunday, December s, JAMES
THOMAS DAVIS or England, eldest son of Thomas
James Davis, ESQ.,, OF Bristol England, to MARY
LOUISA NEWTON, OF London, England, by the Rev.
John w. Krame.
London papers please copy.
ACKNOWLEDGEMENTS New York city, on
Sunday, December s, at the Lexington avenue
Temple, by the Rev. DR.. A. Huebsch, julius DINKEL-
SPIEL, or Brooklyn. L. l., to Miss FANNY DIsBEcKER
only daughter OF NJ. Disbecker, Esq, OF New York
city.
MCLAuGHLIN-ROBINsoN.-I New York CITY, on
Tuesday, December TO- 1879, by the Rev. w. w.
Newell General N. B. MCLAUGHLIN, U. 5. A., to
FANNY, daughter OF Hon. Hamilton W. Robinson, OF
New York. No cards.
The New York herald., 1872-12-11
JUDGE CURTIS TRIAL.

The Associated Press report of the closing days
proceedings in Judge Curtis case, before the
senate committee, at Albany, enormously attribut
ed the opening argument IUi tho respondent to Mr.
II. q. Denison. 1t should have been credited to
Mr.. Charles 7. Crosby, member of the judiciary
Committee Of the Bar Association OF this city.
The New York herald., 1872-12-11
TIE JUMEL ESTATE LITIGATION.

Washington Bowen and Nelson Chase Still
In the rts-Documentary Evidence
Principally Relied On-Most Of the
Original Witnesses Gone ''to'
that BOurne'-The Ancient
Plaintiff on the Stand.
The New York herald., 1872-12-11
THE PHELPS, D0DaE-NELsoN CASE.

The Defendant Nelson Under the Legal
TbumbscYew-Further Interesting De-
velopments-Th That Silk Umbrella and
Blotting Paper Conoealment-
How the Purchase Of All the
Russian Iron for Seven Years
Was Interfered With.
The New York herald., 1872-12-11
THE ATLANTIC AND GREAT WESTERN
RAILROAD
Election OF Oniccrs for 1874.

Election OF Officers for 1874.
The directors Of the Atlantic and Great Western
Railway Company held meeting yesterday and
elected the following officers for the coming year, -
President, General George h. Mcclellan; Vice
President, General George b. Wright Treasurer,
James b. H0dgeskin, and Secretary, Charles Day.
The New York herald., 1872-12-11
THE COUR rs.
TINE CIVIL JUSTICES AND THE COMPTROLLER

Actien Brought to Recover Balance of Sal
sry-How the Comptroller Gould Not See
the Legality of an Increase to the Ju-
dicial Salary and How His Eyes
We're Opened-Judge Quinn the
Man in the Gap.
The New York herald., 1872-12-11

examination. The counterfeits have been wei
nr,ntaS c anu ,ne = mp,e thp.r t,n ennirn o artcle
The New York herald., 1872-12-11
SUPERIOR COuRT-SpeClAL TERM.
Decisions.

BY Judge Mcneil.
Bertha Pietr0kOwsky VS.. Samuel j. PietrOkOw-
sky.-MOtiOn granted.
John McKeage ct al VS.. Daniel RynctOn ct al
Order granted.
J.S. Surrett ct al vs. NJ ]. ParsOns.-Same
The New York herald., 1872-12-11

1872 after long and lingering illress, ELIZA ANN,
The remains will be taken to New Ipswich, N. H.,
for interment.
URNER-At Jersey City Heights, on Tuesday,
December 10, 1872, JONAS r. URNER, after . short
illness.
The funeral will take place from his late resi-
den Gence; Prospect street. on Friday, December IL:
funeral without further notice.
Philadelphia and Pottstown papers please copy.
vALENTINE.-At Wiiamsbridge, on Sunday, De-
cember 8, at seven o'clock 7. NJ, HANNAH vAIEN-
OF her age.
The relatives and friends OF the family are re-
spectmlly invited to attend the funeral, from the
residence OF her son.in-law Peter Briggs, Jr., at
Wamsbrldge, this Wednesday, afternoon, at
two o'clock Trains leave Grand Central depot at
yREDENBuRGH.-At New Castle, westchester
county, N. " ISAAC VEEDEyBURGH, formerly q reel-
dent Of New York city, in the SD year OF his age
Relatives and friends are respectfully invited TO
meet the remains at the Grand Central Depot, at
halfpast eleven O'Clock Thursday morning, Decem-
Der IL, from whence they will be conveyed TO
Greenwood
wHALEN.-On Monday, December o. after long
and lingering illness. JULIA WHALEN, a native or
the parish OF Arliss Balina, Queens county, he-
land, aged 81 years.
The relatives and friends Of the family are re.
spectfuly invited TO attend the funeral, from her
late residence 600 East sixteenth street, on Thurs
day morning, At nine O'Clock. Her remains will be
taken to the Church OF the Immaculate Conception
solemn high mass viii be offered mn for the re-,
pose OF her soul, and from thence TO Calvary CeuSj
etery at one O'Clock precisely
wu!rK..At Brooslyn s.}s y on SUNDAY December q
The relatives and friends OF the family are res
pectfully Invited to attend the funeral from her
late residence, 80 Quincy street, on "Wednesday.
the nth inst, At two O'Clock r. M.
wnLIAhs.,-At 100 North Oxford street, Brooklyn,
on Tuesday, December 10, MARIANA A. WISAlTs. VIZ
OF Rev. g. q. Williams, aged o. yeara.
Notice OF funeral hereafter.
AibaDy papers please cCDy.
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-14
o.HERIFF'S SALE.
~ VALUABLE TRACTS OF LAID.

BY yirtua of an order from Hon. Samuel !.
Donthit, Judge OF Probate for Greenyille, g. o.,
will sell on SALES.DAY IN DEOEkBER NE4IS
ali of the REAL TATE OF thelase GoloneiJE-S.
Irvine, consisting OF the following Tracts
No. i-House Tract Of 100 Hcfes. This WIZ D6
divided and sold 10 eight separate tracts, aulytnB
within two miles OF the City, adapted 20 coston:i
grain, clover and Rrasles-Splendid ffutt
Orchards specially adapted for grsstng purposes.
For truck farms these lands surpass any lanae
offered In this market, tbe Air Line, Richmond
and Atlanta railroad depot being within 10ne
No. 2IThe Wylks Tract OF 15o acre.,. on waters
or Reedy River, miles below the city.
Mo- s-0ne tract Of o45 acres, In pppeei pabW
county. ,ss, ~.
half miles from the city, containing 80 acres. ,?st
No. 5-House and Loi In the centre OF the city,
having all necessary ourouildings, within lvo
mnutes' walk OF Court House, DlsuaSed at tho
southwest corRer OF Avenue and Ryer streets,
containing 4 acres.
P. Moore, Esq. IN ..,sGst.Sss, cry:
one and two years, with interest from dRtes ipurs
chasers to execute bond with adequate see9lSIs
and mortgages Of the premises respectively, 10
secure the purchase money; purchasers to pay 1ot
papers. - J. l.. SOUTHERN, H.. .G..O va
Sherirs once October 80. 1872 noy4;mteg. j
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-14

RUGS AND MEDICINES
WHOLESALE 81 RETAIL.
DR.. H.. BAER,
NO. 1871 MEETING STREET.
oners his Large and well-Assorted Stock Of
DRUGS,
MEDICINES,
CHEMICALS
PERFUMERY,
TOILET ARTICLES,
FANCY GOODS,
&C., &C., &C.,
AT THE LOWEST MARKET RATES.
Constantly on hand all the ding Proprietary
Medicines
FRENCH, ENGLISH. GERMAN AND
AMERICAN.
FOUNTAIN sYRINGEs. the best and most con
venient for general use.
Also, every other kind Of Syringe known IN the
market.
Trn.ses. Abdominal Supporters, Shoulder
Braces. Abdominal Belts, Physlciana' Saddle
BAGS, physicians Pocket Gases, Elastic Stockings
and Medicine Chests.
Druggists, Glassware, OF every description,
the lowest rates, and full assortment or "Drug'
glsts' Sundries."
Agent for Nattan's "Orystal Discovery for the
HAIR"
Agent for the "New York Medical University'H
Preparations. ''
Agent for RIson's Tobacco Antldote, and Up
hams Antidote to Strong Drink.
Agent for the elegant preparations OF W. X.
warner 4 Co., OF Philadelphia, consisting OF
full line Of Fluid Extracts, sugar.Ooated PlllD,
Ellxirs, Medicated Wines and syrups, Lcorice
and Pepsin Lozenges, &C.. DC.
Special attention is directed to the following
articles OF his own manufactures:
GERMAN SOOTHING CORDIAL!
An excellent Carmlnstive, Invaluable In the
diseases incident to the period Of dentItion
children; as also in collie, dlarrhea, dysentery,
and other lnfantIle complaints. 1t is superior to
other medicines used for this purpose, as 1t Is en-
tlrely free from any Injurious drug, and
CONTAINS NO ANODYNEl
It ia recommended by the best physicians, and
mothers may administer lt with confidence.
THE EXCELSIOR HAIR TONIC,
ia carefully prepared dressing for the hair, at
once answering the purposes Of hair oil, hair
wash, and hair tonic. 1t contains no sulphur
lead, or nitrate Of silver, and ia
NO DYE
1t will promote healthy growth Of hair, and
prevent their falling out and will not injure the
general system.
Baer's Improved Vegetable
Cathartic Pills.
A gentle Aperlent, Of purely vegetable sub.
stances, recommended for Dyspepsia, Headache
Constipation, &C., &c.
DOUBLE DISTILLED BENZINE,
for removing grease spots, and cleaning clothes.
None but tn Purest Drugs used, and satlsfa :.
ton guaranteed, both as TO price and quality.
Order are solicited from Druggists, Physicians,
Country Merchants, Planters and others, with the
assurance that they shall receive prompt and
eartul attention. mch7.SmosDC4w
NHEDICINE CHESTS,
M Physcians' Saddle Bags
Physicians Pocket Cases
Electric Machines.
For sale by DR. q. BAEN
No. 13l Nesting street..
HlisrellGneons.
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-14
State Notices.
T OST OR MISL AID.

AWARRANT for $4,000, drawn by the Comp.
troller General on the State Treasurer In favor Of
General Q. ]. StolbraDd, on account OF sppropria'
lion for the support OF the State Penitentiary
dated April 10, 1872. and bears the endorsement
OF General @. J. stolbrand and Hon. Niles @. Par
ker, State Treasurer. But thirteen n3) warrants
have been drawn on this appropriation, all bear
ing same date, twelve Of which are held as under
Three OF $4,000 each, b Id by General O. ]. Stol
brand. .,.
Three OF $1,000 each, held by O. b. Baldwin.
Three Of $4,000 each, held by Carolina National
Bank. go, a,,.a
One II $1,000. held by George ". waterman.
One Of $7sl6, held BY Hardy Solomon.
One OF $5ooo. held BY General william Gurney.
County Treasurers and the public are hereby
cautioned against purchasing the lost Warrant
as payment has been stopped.
novlss ROBERT z. SCOTT, Governor.
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-14
Ne,p 1Dnblirai1ns:

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