davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-27
IMPORTANT CASE IN BANKRUPTCY.

The Columbian Ietal Works lin the
Courts-The Power OF "a Corporation to
Convey It's Personal Property-AsIegcd
Fraud and Collusion-Opinion of the
Court.
Yesterday Judge Blatchford gave his decision in
the case Of James II. Moran, as assignee in bank
ruptcy OF the Columbian Metal Works, vs.. David
Strauss, Francesca Banchi and Robert Thompson.
This was an action in equity by assignee in
bankruptcy against the defendants, who composed
the form Of Strauss, Bianch Il Co., merchants Of
this city, to set aside mortgage given to them by
the Columbian Metal Works, the bankrupt, on the
ground that tAe mortgage was obtained by iraud
DECISION OF THE COURT.
Judge Blatch ord states that in this case he has
come TO the following couclusion-
The petition m bankruptcy having been fled March ~
and the decree Of foreclosure made on the 6ih OF March
to preudice his rights if the mortgage was unSahor,
the creditors he eorpoiation ha he s pa n
can impeach il The holders Of two.hirds ot the stock
I hspsa nsa
and Went into The han Prison and freeman tras,
Soiers to be disposed Of under direction ol the goarG Of
OF the freeman uS ed Sci Of
tue seyeniyiyc .hares credit n o. freeman
ssoa ,s,SS, scsSfdIas hs ts.%s"y hysn,i i
bers OF the Board OF Trustees was gwen
TO the mortgage, and the seventy-llve
shares, as represented by Prison or by the
individuals composing the Board be among
the conenting shares The DEFENDANTS at the time The
mortgage was gwen owned only twenty eigh shares
enough TO make the twohirs the seventy shares
be excluded The consideration OF the mortgage,
as appears was advanced by the defendants in good
mortgage is not impesched as Icing in violation
the bankruptcy Constituting the
applying only TO mortgage OF the real
estate, consent necessary to enable the
corpoi ion to mortgage the personal property
assign the patents The mortgage did the pat
ents. They were assigned by a separate instrument
and even though II be taken that they were really
signed only security, yet the corporation had power
by law to convey s personal property which power in
clues the to mortgage 10 transfer security
mortgage is none the less conveyance because ii
deeasibe The greater inc udes the less, unless the less
Is expressly excluded. The suit to aside the
mortgage wholly cannot be maintained, but il must be
regarded together with the letters patent assigned
security such moneys assigned any the corpo
ration owed the defendants when the mortgage gwen
and such moneys as the deendants paid tor advarced
the corporation the faith the mortpaged property
and the patents Ii it be doubtful whether such money
with interest exceed the proceeds the morgaged
properly and OF the patents the amount due the
PENDANTS must be asccr;ained on proof.
W. H. Arnoux for the rlaintii, J. NJ. Van Cott or
the DEFENDANTS
The New York herald., 1872-11-27
ToMBs POLICE COURT.


The TOmbs Police court room yesterday pre-
sented more than usually dingy aspect Cold,
damp and cherries within, the rain pattering
without, the scene was dispirting to the stoutest
heart so much so that even the veteran Justice
Downing was closely buttoned up In q heavy blue
pilot overcoat, and the habltual drunkards seemed
to feel the dreariness and were not as merry as Is
their wont, but took their way to the dark cells
below VITA despair written on their long visages
and hope left far behind.
Early In the day the notorious shoplifter, Eliza
Flood, was brought in by Detective Philip Reilly.
Eliza Is a tall, dark.ieatured, but fresh-lo0king
woman, well-known to the police as one Of the
most expert shopfters in the city. Her fresh
looks may be accounted for by the TACT that she
has Just returned rom wo-years soi0urn at Sing
Sing. ON Monday, afternoon Eliza ana a COM
panion OF her own Sex entered the store OF James
McCreery Co., corner OF Eleventh street and
Broadway. She went through the different de-
partments, examined any quantity OF goods, and
was making her way out, when Mr.. Alexander II.
Jackson, connected with the house, noticed
something suspicious in her movements,
and called the attention OF Detective
Philip Reilly Tho latter had some slight
acquaintance with the lady, and al once arrested
her. He told her he was going to bring her to
Headquarters. On the way down Broadway she
passed him piece OF serge--i0rty-six yards-which
she iound nConvenicnt to carry so far.
Arriving ac Headquarters she was searched and
The result was the production Of two sealskln
The New York herald., 1872-11-27
THE CASE OF ABRAHAM GREEN
THAI.

Conviction Of Larceny from the Person
Hearing Before the Supreme Court,
General Term, Upon the Appeal from
the General Sessions verdict-ReversaI
Of the Previous Judgment and the
Prisoner Granted a New Trial.
on the 25th OF last November Mr.. Arthur c. Taylor,
q bookkeeper in the employ OF A. $. Barnes Co.,
drew $3.50 from bank and in passing through John
street on his way back was jostied by stranger
and in moment afterwards discovered his money
gone which he had placed in his outside overcoat
pocket. The stranger rushed into store and Mr..
Taylor followed him. Two packages OF the stolen
money were found on the counter OF the store, but
500 disappeared in manner that is still pro.
nounced unaccountable. Very naturally Mr.. Arthur
Jumped to the conclusion that this jostling
stranger was the person robbng The
gentlemanly appearance, and no one
could possibly be more demonstratively polite or
air. But we will not go over all the details OF
story that has already oeen published In full In the
HERALD. This stranger was arrested and proved
10 be Abraham Greentha, alias Abraham Green,
alias
s.THE GENERAL
and other aliases too numerous 10 mention In
OF tine he was IN jictcd, tried in the Court
OF General sessions. convicted and sentenced for
five years to state Prison Mr.. William +. Howe,
his counsel, was not satisfied with this result and
essayed grand 1ank legal movement TO save bis
As s nc nas wa u
appeal from the verdict in the General Sessions and
carry the case before the supreme Court-Gencra
Term. The case came up foi hearing yesterday
In this Court before Judges lngiaham, Leonard
aud Larncd.
ARGUMENT ON THE APPEAL.
II was insisted by Mr. Howe that the proceedings
called a trial were co5an, non 5t0ice. Because con-
ducted by the Intervention OF ap Illegal Jury-a
dead iury; fury which cannot be galvanized INTO
legal vitality in this connection IL was urged that
tile petty Jury be whom the prisoner was tried
had no legal right TO sit or be empanelled, they
being petty jrry called and empanehed Tor me
taking place In December they were entitled
TO a full panel or jurors summoned for
The New York herald., 1872-11-27
BOARD CF SUPERVISORS.

This Board met at one O'Clock p. M. yesterday.
In the absence Of the Mayor General Cochrane pre-
sided A communication was received from the
Trustees OF the College Of the City Of New York
stating that they require for the payment OF sal.
aries OF the professors and ocers Of said college,
for obtaining and furnishing scientific apparatus
and books and supplies for the students therein
and all other supplies therefor, the sum Of $15O,00o
Tor the year 1878; which was referred.
A resolution was adopted authorizing the Regis.
ter to employ two draughtsmen, at salary Of $lou
each per month.
resolution was adopted to pay the bill OF Martin
B. Brown, amounting to 1452 as for pri nting for
the several courts
resolution was adopted to pay the following
bills for gas furnished the various courts and county
onlces:-New York Gaslight Company-From Feb
ruary to May l, sa277 so; from May to August
A communication was received from Nelson X.
Hopkins, state Comptroller. stating that, under u
he a sne tine tax
for, the current year three and a hall
mills on a dollar Of the total eqaalized
Treasury OF some six million dollars On
the 18th of May the Legislature passed another act
in direct conflict Herewith. The last
named act having passed at subsequent day,
superseded ana repealed the act authorizing the
vote on the funding OF the deIt to De submitted @ 70
dcrstood that vote had been cast at the recent
election for and against the Funding act, and II ls
possible there may be majority in favor OF 1t and
If such should be the case Mr.. Hopkins IS
OF the opinion that 1t Is uncOnstltu-
tionai and void. The tax must therefore
he levied and collected. MFR. Hopkins concludes
that in view OF the Importance OF the question ne
has submitted the case to the Court OF Appeals,
Which was referred.
resolution was adopted appropriatng $4,000
for the College OF the City OF New York for
the balance Of the current year. resou-
ton was adopted assigning to the Fifth reg-
ment N. g. s. n. Y. the rooms OF the
building corner of Ninth avenue, and Twenty
first street. and 2s1, 2sS, 2S5 and 2S7 Ninth
avenue and tnat the Committee on Ar
mores and Drill Rooms cause the same to be i'm
mediately fitted up in suitable and economical
manner.
The Board then adjourned.
The New York herald., 1872-11-27
THE ANDRE WIFE HOMICIDE.


Conclusion OF the Case After A Weeks
Trinl-Judge Bedford's Charge to the
Jury-Thcy AFRO Locked Up for the
Night-Ansicipatcd Disagreement.
At the opening Of the General Sessions yesterday
Emil Andre, VINO for the last week has been on
trial for shooting his wife, was placed at the bar.
Counsel for the defence read O number Of points,
which the Court was requested to charge. Judge
Bedford having ruled upon them, he proceeded to
charge the jury as follows:-
JUDGE BEDFoRD's CHARGE.
ofJunc last, shot his wife, Leonis Andre the neck
FS %
TsS s s a
SsiSs BY The Tn nsy % he
ior nc 70 rssapituaSts A the testimony
y1se Pss and Tits i
sRsaGs ana n Hs
$sTSsshy $ ,Ss
g.ish right from m wsonsnthat he was as aborng under
ss
tnSw h" s that % w Ss" sna "
sssu = At m ,s m s ws sa9a n .nd nd
ing under delusion, and in such frame OF mind
know that The act he committed unlawful and
man, and you must convict of the crime Of
att s aa a @ s
s he q d the 50 w yoa na dss a tho to S
that the prisoner was sane the time and that the
itaed design e effect death by q dsngerous weapon,
then yea should coayic in he hird de-
gree If You have any reasonable well founded doubts
arising upon the evidence such doubts belong to the
prisoner. and you should give him the benefit OF them
and ns .hs Ts ss, a ~ the n time Of the sng
with prcmedatcd design effect the death OF the dc.
ceased hen you owe II to yourselves and the law
abiding citizens this community to declare promptly
and emphacaly that the prisoner at the bar guilty
the uurdcr OF Louise p Andre.
The jury retired at twelve O'Clock and, after be.
ing out an hour and half, returned to the Court
requesting the Judge to read TO them the defini-
grees
THE VERDICT
The jury having agreed upon q verdict al nine
O'Clock Judge Bedford promptly responded, and
was in Court half an hour afterwards,
In the absence OF Colonel Fellows Mr.. Sullivan
represented the people.
Mr. Sparks, the Clerk OF the Court. put the usual
question, whether the jury had agreed upon a
dict, and the foreman responded that they found
Andre iHlGd ,,ogy guilty :, Of manslaughter in the
were for that grade OF homicide and
two for murder at five O'Clock; but, probably, the
prospect OF being locked up for the night induced
the TWO obstinate" jurors to compromise their
convictions and agree upon verdict.
MIR. Charles Brooke, who managed the defence
wlth great ability, moved postponement OF the
sentence till today
hr. sullivan did not oppose the motion, and ac-
cordlngIy Judge Bedford remandcd the prisoner.
j would seem iroi2 this verdict that the jury
The New York herald., 1872-11-27
and what the facts are which operate to produce
the described result
Mr. Justice Clifford dellverea the onninn

and what the facts are which operate to produce
Mr.. Justice Ciifrord delivered the opinion.
No. 1852. Kearney ct al. VS.. Drum ct al.-Error to
the Circuit Court for the District Maryland.-This
was an action OF ejectment in which the questions
were OF technical character, as to the condition
OF the parties to the action, &c. The Court below
held that the condition OF parties was such as TO
give Jurisdiction, and proceeded to Judgment,
which is here affirmed.
Mr.. Justice Swayne delivered the opinien.
No. 2l6 Oelrich ct al vs.. Hin etal.-Appeal from
the Supreme Court of the District OF Columbia
This was contest to obtain certain funds in the
hands OF one Wetmore, held Tor the beneht OF
James Hamilton, whose claim was founded on ser
vices rendered to the Old Bank Of the United
States in procuring certain legislation by
Congress- The claimants were assgnees Of Hamil-
ton, and the Court below found in their favor. The
those under him were Valid as they were founded
upon the consideration OF his services to the bank.
which were illegal. This Court sustains the view OF
the appellants and orders the decree reversed, un-
less the allowance made below is remitted here..,
In that case the decree may be affirmed.
Mr.. Justice Swayne delivered the opinion.
22s New Bedford and New York Steam Propeller
Company vs. The United States-Appeal from the
Court OF Claims.-This was an action for the loss
OF the steamer Thorn, chartered to the govern
ment for q certain time, at q certain price, with
clause providing that II the vessel remained In
the service so long, after deducting the actual cost
OF running and repair and thirty-eight per cent
profit on the appraised value ($40,00o), the
money paid the charter should be equal In value
to the estimated value vessel then the steamer
should become the property OF the United States
without further payment except arrears for use.
The vessel being lost before the money paid had
reached such sum, the claim was for her appraised
value. The Court below held that II was only the
balance due under the agreement on the price or
the vessel and not the appraised value, that could
be recovered. The appeal claimed that unless the
earnings amounted to $4,000 there was option
to purchase, and the government was not there
fore entitled under the clause. This Court holds
that the contract looked to the purchase Of the
vessel as claimed by the government, and afnrms>
the Judgment below.
Mr.. Justice Strong delivered the opinion.
No. 257. Starr, vs.. Lamb ct al.-Appeal from the
Circuit Court for the District OF Oregon.-The
Chief Justice announced the decision of the Court
affirming the decree below. NO opinion.
The Chief Justice announced that tho Court
would on Tuesday, 2Gth inst adjourn for the term.
The next regular term will begin on the following
Monday.
The New York herald., 1872-11-27
BUSINESS IN TIE OTHER COURTS
SUPREME couHT-caAMHERs.
Decisions.
Before Judge Fancher.

Before JuQRc fauCncr
In the matter OF the petition OF James Il. Broadly
to vacate assessment for repairing Forty.sixth
street.-MotiOn to vacate assessment granted.
In the matter OF the petition OF Meta Deutsch to
yacate assessment for repairing Leonard street.
Same.
In the matter Of the application OF William
Rothschild for leave to SELL &c-Report OF referee
confirmed In all respects, except as to the $3.50
deposited In the Market Savings Bank.
Downey vs.. Downey.-Motion for alimony and
counsel fee granted. Case referred.
Thomas Mears vs.. George T. Gilbert.-MOtiOn de-
MED with $40 costs to abide the event.
Goold HOyt ct al. VS.. Mary II. Sanger ct al.-Re-
port OF referee confirmed and order granted
that defendant pay the PLAINTIFFS claim and costs
out OF any assets in her hand as administrative.
Lichtenstein VS.. Lchstentein.-Attachment or
dered to issue, &c.
Penfeld ct al. vs. James ct al.-Motion to substi-
tute new referee granted, who is ordered to pro-
ceed to sell.
BY Judge Barrett.
William 0. Carsons vs.. George Murray ct al
Order settled.
BY Judge Ingraham
In the matter of the petition OF William O. Dlckel
to vacate assessment &c.-Case settled Motion,
papers and opinion must be filed with the clerk.
The New York herald., 1872-11-27
COURT OF APPEALS.
Decisions.

ALBANY, N. ", Nov. 26, 1872.
In the Court of Appeals, Tuesday, November 20
the following decisions were handed down.
Judgment affirmed, with costs-Ellis VS.. Albany
City Fire Insurance Company, Heath vs.. BannOre,
Marsh VS.. Ellsworth, Sharkey Vs. Kelly; No. l, same
vs.. same; No. 2, Meeks VS.. Brown; COnsalus W..
Maghee, Hart vs. Wandle, BrOokman vs. Mllbank,
Johnson VS.. Friel.
Judgment absolute for the defendant, with costs
MeyenbOurg vs. Haynes
Judgment reversed and new trial granted with
costs to abide event-Reid VS.. Cannon, MushlitE
VS.. Silverman.
Order affirmed and Judgment absolute for the de-
fendant-OsbOrn, with costs; order reversed as to-
the other defendants and
Judgment at Circuit affirmed, with costs-Bullis
vs. Montgomery.
Appeal dismissed, with costs to abide the event
OF the action-Green VS.. Rice.
Appeal dismissed, with costs-Kirkland vs..
Leafy.
Calendar This Day.
ALBANY, Nov. 26, 1872
The following is the Court OF Appeals day calen-
dar for November 27:-Nos. 400, Az, 49C, SGT, tC3,
511, 513, SIC.
The New York herald., 1872-11-27
THE OLD TAMMANY RING FRAUDS.

The Case or william NJ. Tweed Again i'm
she Courts, but Not Upon Trial-~Frcsh
Motions for Deiay-Argument of COun-
sei-rhe Case Put on for the Term.
The criminal suit, or rather the one OF the cgami
nal suits against Mr.. william NJ. Tweed which has
been adjourned on one cause or another In the
Court OF oyer and Termlner several times. came
up again yesterday before Judge Brady in the oyer
and Terminer. Mr. Tweed's counsel--Mr. Field,
Mr.. Fullerton, Mr. Knox and the Messrs Bartlett
were present early and in close conversation, and
soon afterwards Mr.. sullivan, Mr.. Tremain and Mr.
Peckham, counsel for the prosecution, came in
Mr.. Root and Mr.. u. d. Field completed the array
OF counsel for Mr.. Tweed. Mr. Tweed himself was
also present.
THE BIG INDICTMENT.
When Judge Brady came in Mr.. Fullerton re-
called lhe fact that the recoglizanc2 IN the big"
The New York herald., 1872-11-27
SUPREME CoUaT-spEClAL TERM.

The Brooklyn Refinery Company's
Litigation.
Before Judge Tappen.
In the litigation between william A. Byers and
others and the Brooklyn Refinery Company an
Injunction was obtained by the plaintns restrain
ing defendants from interfering with their posses
sion. The case was before the Court on motions
for the vacating OF the Injunction, the appoint
ment OF receiver and for the punishment OF an
alleged contemptu0us witness. The first two
motions were adjourned and In the third decision
was reserved.
The New York herald., 1872-11-27
CITY CouaT-GEEERAL TERM.
The WestfieId Disaster.


Before Judges Thompson and McCue.
The judgments In the suits OF the Widows Mad
den and Landers against the Staten Island Rail-
road Company have been affirmed by the General
Term. The verdict in each case was for IS 900.
The decision OF the appellate Court reads 1.-THE
judgment appealed from and the orders denying
the motions Tor new trials affirmed, with costs"
Opinion BY Judge McCue.
The New York herald., 1872-11-27

ignored the defence OF "emotional insanity and
stultifed themselves by finding verdict OF low
grade of homicide upon the most convincing proof
OF deliberate murder, provided the prisoner was
sane when he shot his wife.
The New York herald., 1872-11-27
BROOKLYN COURTS.
UNITED STATES COMMISSIONERS COURT.
Liquor Dealers Tax,

Liquor Dealers Tax.
Before Commissioner Winslow.
Five retail liquor dealers were held to answer
yesterday charges OF having failed to pay the
special tax. They are w. Gerheus Of 21O Throop
avenue; julius Gottschalk, OF 20 Debevoise street;
OF S25 ClasOn avenue, and Lance Werner, OF
StapletOD Staten Island.
The New York herald., 1872-11-27
COURT OF COMMON pLEAs-spEcaL 1ERM-pAaT 3.

In consequence Of the case Of Lowenbein vs.
Schermerhorn extending into this day (Wednes-
day., no other cause will be taken up this term.
Jurors and counsel are therefore discharged.
Judge LarremOre will charge the jury this morn
ing In the above named case.
The New York herald., 1872-11-27
COURT CALeNDARS-THIs DAY,

SUPREME COURT-GENERAL TERM--Nos. A. 90
SUPREME C0URT-CIRCUIT-Par 1.-Case on. No
calendar Part mo calendar till Friday.
SUPREME COURT-CuAMBERs.-Nos. 113, 130, 131
l34. Call 1872.
COURT OF COMMON PLEAs-TRIAL TERM-Part
2.-NO. GA
The New York herald., 1872-11-27
MARINE COUaT-SPsCIAL TERM AND CHAMBERS.


By Judge Tracy.
Ellen Mcknight vs.. Ann Hughes.-MotiOn to
vacate order denied
Sarah Prassaars Vs. John w. Mudgett-MotiOn
to vacate order OF arrest denied
John +. Duerholz VS.. James Lakey.-MOtiOn
granted.
]. II. Geraty and Another va. Martin Oakley
Order settled.
The New York herald., 1872-11-27
THE LAGRAvE ALLEGED sWINDLE
The Arrest in Trancc-Will 1t Be Held LIE.
gal Minister Washburne's Authors
cation for the Surrender Of the
Prisoner Another Legal
Tilt-The Case Still On.
TROUBLE IN A DIVORCE SUIT.

Paying Alimony for Ten Years Reason
for Drawing the Purse Strings-Ap-
plication to Open Them Again
The Application to the
Court-Decision Reserved.
The New York herald., 1872-11-27
THE ANDRIE WIFE HOMICIDE

A Weeks Trial Brought to Close-The Plea Of
Defence Insanity-The Charge to the Jury
A Strange verdict-The Prisoner Found
Guilty Of Granddaughter in the Third
Degree and Remanded for Sentence.
The New York herald., 1872-11-27
SUPERIOR cOuR1-spsclAL TERM.
Decisions.

BY Judge Curtis.
Louis Bamberger VS.. George Naturalization
denied, without costs to either party
The Marine National Bank vs. Ferdinand Stoer-
sil.-Order granted.
The New York herald., 1872-11-27
Vim. NJ Tweed Again in COurt.-.AnOther Argu-
ment for Dflay...Thc Close Of the Present
Term Against the Immediate Trial Of
The Case.-.It Will Be Brought :
On Early in December. :
IMPORTANT CASE IN BANKRUPTCY.
The Power Of Corporation to Convey
Its Personal Property-Aneged
Fraud and Collusion-opin-
ion Of the Court.
THE NOTORIOUS GENERAL GREENTAAL.

How Convicted Criminals Get Scot-Free An
Appeal from the Verdict Of the Court of
General Sessions "A Technical Loop
hole-A New Trial Ordered.
The New York herald., 1872-11-27
COURT OF COMMON pLEAs-spsCIAL TERM.
Decisions.

BY Judge J. F. DAILY.
Maer vs. Hornnnn.-MOtion granted.
Miessa Forman VS.. Schuyler b. FOrman.-RepOrt
confirmed and divorce granted.
TroXell VS.. Haynes.-Order settled
The New York herald., 1872-11-27
THE BOARD OF AUDIT.

The Board met at four O'Clock P. M. yesterday,
present Comptroller Green and all the members.
The following claims were allowed :-Hind, Nau-
mann & Co.. &c, for posters, &C, and labor for
various departments s4l5 12 Abiel Mills, for hard
ware, $3.50 IL; +. b. OCallaghan, for preparing for
the press the Ancient Records of New York,
Al. 900: u. Stumpf and others, for supplies &C.,
f1rnished S;,3y "a The following claims were dig
allowed on the ground that the papers had no
authority to publish the advertisements charged
The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1872-08-22

CONVICTED or BRrBERY.-senator Hitchcock. OF
Nebraska. is wriggling like snake in hot water The
Omaha Herald accused him of buying his seat in the
United States Senate, and has proven the charge
be true Since csnyictng Mr.. Hitchcock of bribery
in obtaining his position, the Herald returns to the
charge and now by the testimony of prominent Re.
publican, named Rosewater proves that eight years
ago, when Hitchcock was Delegate to Congress from
the Territory OF Nebraska. he demanded bride, in
the way Of money consideration, for the cadetship
at West Point from Nebraska fine duck he is to
be United States Senator As he is loyal to Grant
there is little hope Of bis being kicked on. of the
Senate chamber.