davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
UNITED STATES SUPREME COURT.


The Suit Between Mowry and Whitney, In
re the Patent Rights and Privleg es for the
Manufacture OF Car Wheels.
WASHINGTON, D. c., March 20, 1872.
No. l4s. Mowry VS.. Whitney-A'p peal from the
Circuit Court for the Southern d strict Of Onlo-
This cause was referred in the statement of case
l47 between tho same partie,s given yesterday
That was an action brought In. the Circuit Court for
the Eastern District Of Penn .sylvanta to enoin
further prosecution OF this suit which was brought
by Whitney to restrain NJ owry from an alleged m-
Engagement OF patent YLanted 10 Whitney Ia lo4e,
and extended in 1852, tJr process prolongng the
ume OF COOLING In connection with annealing cast
iron car wheels
The defence wGs that the process was not new,
ana tnat tne appellant hAl not adopted 1t III his
mode OF cooling cast iron wheels. The decree was
for the complainant, ndyehescase being referred TO
OF Whitney by that officer was about one hundred
anu twenty thousand dollars 1t IS here insisted
that the COURT erred IN holding that Whney's
patent - protected against plior anneal.ng pro-
funchied articles. and also In deciding that the
appellants process was an infringement OF
the patent, when they weres IN point
Of fact essentially different. one cools by
chamber. The patent Of Whitney Is said to be In
vaid because there Is no novelty IN II. II Is simply
the application OF process well known To a pur.
pose analogous TO purposes 10 which II had been ap.
piled long anterior to the alleged invention. 1t IS
also urged that II Is void because what Is claimed Is
not useful, as the process would destroy the hard.
OF tnt, rim Tor chilli OF the wheels, and thus
detract from their durability 1t Is u ther contended
that the Court erred. In appOrtoling the profit OF
Aowry by the alleged infringement, and In 0verrul.
ing the exception taken to the report Of tue Master
9. B. Collier ana A. e. Thurman for applicant; II.
baldwin, Jr., b. w. Stoughton and Is. X. Curtis ior
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
MIDNIGHT ATFRAY.

Fatally Beaten with Cluc-Sligh:Iy Mixed
and Somewhat Mysterious.
On the 10th instant shoemaker, twenty-one
years OF age, suffering from q scalp wound ana
perhaps conclusion OF the brain, was admitted to
Bellevue Hospital under the name OF william
Mansfield, and placed under the care Of Surgeon
Ramsey. 1t was apparent az that time Mansfield
had been drinking to excess, and II was then stated
he mad been beaten on the head with club during
o drunken brawl foot Of Nineteenth street, East
River. Subsequently some parties appeared OF tho
hospital and inquired for Robert j. Higgins whom
they said had been missing from his home for several
days, ana feared he had met with some accident.
warden Brennan gave the parties permission to
LOOK through he various wards OF the hospital, and
provided them with an escort. Nothing satisfactory
was discovered till reaching the bedside OF Mans
field when they instantly recognized him as Robert
J. Higgins the friend for whom they had been look
Ing. Why the patient, or some for him, gave an
assumed name remains 10 be explained; but this Is
not the only mystery connected with the case. In a
conversation with his friends Higgins said that Ia /.
81 me cry as a. arSs repo or amege oi
Forty ninth street and Eighth avenue and That alter
being terribly beaten over the head his assalants
insensSle from what he had drank and the beating
lay there all nighi, and ext morning was taken TO
the hospital rhe relatives OF Higgins urged him 10
make taement giving The circumstances under
which n Was beaten and by whom; but this for
reasons best known to himself, he peremptoriy re.
fused to do. AS consequence, the assailants are
unknown, and the police seem TO have
no clue upon which 10 work. higgins renamed
under the care OF Surgeon Ramsey TIL yesterday
morning, wnen death ensued from pyemia. Whether
deceased had compression OF the brain or fracture
OF the skull remains to be determined by post
mortem examination, which will be made on the
body to-day by Wooster Beach, M. d. Coroner
Keenan, Will make an investigation when the case
Shall have been properly worked up.
The Captain OF the Twenty-sec0nd precinct hav-
Ing been notified, Will make vigant efforts 70 clear
up the mystery by arrestinl the guilty parties but
1t may prove a difficult matter.
Deceased lived In Classon avenue, Brooklyn,
whiLher the relatives III great haste to remove
the remains for interment
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
UNITED STATES cOsasaonsay COURT.
Alleged Pension Fraud.
Before Commissioner Shields.

lNc U.nlted States VS.. Francis Helrn.-Francls
He, N wal held for examination yesterday on a
cha, we OF having presented false vouchers TO the
Sec vi AVG or or the Treasury for the purpose as
aiege ", Of yeirauGiug the government out OF pen
sion n Hpey tEat was not due.
Tbe Quilted States Grand Jury.
Very unreliable and uDTus.worIhy statements
nave lee ,Jnade puoc With regard 10 the action OF
The uni,eu states Grand Jury. Those statements
are TO the e. pct
That the Gt end Jury have Investigated q number
Of Oh whiskey 'cases which weLe Instituted ~ sx.
Collector Bailey ana Mr. Warwick Martin, and that
lhey have found indictments against anunDer OF
dstll crs.
That the Grand il Uy have not investigated charges
Of corruption AGAIN custom House officials that
through influence OF ulends OF The administrator
OLD whiskey Suits have >peen before the Grald Jary
Tor the purpose of eyad. W the investigation Called
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
for by Judge Blatcsiord in his charge regarding

for BY Judge BlatcEiord In his charge regarding
Official corruption,
That the Grand Jury have heard testimony against
two prominent persons who held ONCE under the
Lincoln administration. duplicating them In those
alleged whiskey frauds mft
widest speculation. The Grand Jury Is body
sworn 10 secrecy. II conducts Its proceedings IN
secret anC any statement purpOrting 10 give what
has trapsDred In the Grand Jury room must De re-
ceiyed with considerable grain OF caution. when
the Grand Jury come into Court and Tile the ndlct.
ments they have found we shall then, and not TIL
then, be IN position to know the exact TRUTH The
officials OF the United states District Attorneys Of
fee deny that the Grand Jury have been improperly
diverted IRON the examination OF cases OF Official
corruption.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
EXAMINATION OF A STRANGE PROCEEDING.

An explanation OF the "strange proceedings in
the Yorkville Police Court Thursday afternoon has
been given. The lady who committed Is the
proprleress Of fashionable boarding house in the
Nineteenth ward, while the complainant was one of
her boarders, whose trunks containing valuable
clothing, she endeavored to retain In payment OF
board and lodging When ordered by Justioo Ooul-
ter give up the trunks she conducted herself In
such an undlgnilied manner that she was committed
for contempt After an Imprisonment OF an hour or
so she was set free on condition that she would
have no further trouble with the complainant. IL
win be seen, therefore, that there was no mystery In
the case only slight inclination to be disObrging
the part OF the court officials. 1t Is hoped Mr..
Green VIII hurry up and pay them, when they WILL
probably De little more gracious,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30

william Gillies Broadfoot, one of the Oldest resi-
dents OF Fayetteville, N c., died In that Gown on the
18th OF March. lie was carried on by an attack Of
pneumonia. Mr.. Broadfoot was in the sixty-seventh
year OF his age. He was native OF Amelia
county, Virginia, but removed to Fayetteville
when quite young. He was In the bank.
ing business ABOUT forty years. About the
year 1882 he was in the Branch Bank OF the United
States at Fayetteville as teller. When the United
States Bank was closed he entered the Bank OF the
State In the same position and remained an oiclal
In that bank until the Bank OF Fayetteville was
organized, about 1849, when ne became It's cashier,
The war he was Then CASHIER IN the broker olce OF
+. A. Wiley q Co. and their successors up to the
ganZation OF the Fayetteville NatIoual Bank over q
year ago. when he became cashier ana remained
until his death. He also United States Pension
Agent for many years, up TO 1851, and was depOsl-
tary for the Confederate States during the war.
Early IN life ne married daughter OF inc late lena
pod WetmOre. His father was native OF Scotland,
and settled IN Petersburg, Va, OF the age OF thur
teen years. :.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
UNITED STATES OBTsET COURT III BANKRUPTCY.
Irregular Petitions.
Before Judge Dlatchford.

Yesterday Judge Blaichford rendered decision in.
the case or Jonn Walsh. bankrupt. Walsh filed
voluntary petition on tue 9th Of June, 1870. This
petition was reierred 10 Mr. Henry Wilder Allen,
one o. the registers who made an adjudication. At
Inc nrst meeting OF creditors an assignee was
yuoseh, during the tendency OF this petition
Walsh nIea another petition setting forln the same
1eots and the same creditors as mentioned In the
nrs. peuuon Inc Register holds Ia view OF these
1ac.s tlat tne second petition Is Irregular, aud Judge
SsIc4ora uphods the Registers declsion!as correct
The Lowing Green Snvings aauk.
A statement has appeared In one or more or
the city papers that the money offered by Hank
Smith 10 the Deposltors Investigating Committee OF
the DO Wing Green Savings Bank has been accented
has no foundation Ia TACT.
To-day Judge .Batcniord win hear an arrumen,
on motion to punish Mr.. Shepherd Knapp ihe re-
.ceyer or The Bowling Green Savings Rang Tow
alleged contempt III refusing TO allow access 10 the
Spooks OF the bank.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
William Bates.

The aoove-named gentleman, long identified with
the manufacturing interest OF Greenvllle county,
South Carolina, died about haf-past six O'Clock z.
NJ on March 1S, at MS residence q few miles from
Greenvle, after lingering Illness He was the
founder OF the BateSville Factory, and his knowl-
edge or mechanics and machinery, largely ntultlve,
rendered him prominent and successful. lie was
eighty years OF are.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Garcin. tho Gambler.

There has just died In great wretchedness at
Geneva, SeIor Garcia, Que who, In the annals OF
those who make haste TO become rich by gambling,
held conspicuous place. Garcia the hero OF
several seasons at Baden and Homburg, was
scion OF good spanish family, and was born at
saragossa in $780, and mad some little fortune left
him. which he Immediately lost at the gaming
table. lie turned up In France In 1858, about
which time lie became possessed by inheritance OF
small property, realizing about IL, 900 francs This
was the nucleus Of the enormous fortune that he
won at ecart8 at 0dcc0,at and f,ente et Qua1ante.
de possessed at one time fl60, 900, which he won
entirely by gaming. He left France at the time
OF the Calzado AFFAIR, and the "dincuItyu with
wards at Baden, where he lost all he possessed,
and at Monaco where ne became waiter In a Gaze.
lie has died In o wretched lodging In Geneva,
He shuiled or this mortal coil leaving In his Jagged
pockets Ave francs The lowest STAKE alo wed ae
TOuge ct nOtr( - -r~----- rs.srs.- 4 "
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Samuel Brooks.

Samuel Brooks died at the residence OF his son-in-
law, ex-Mayor Abbott in Concord, N. H., on Friday.
March %, In the seventy.seventh year Of his age
He was o native Of Charlestown, Mass, where he
spent the larger portion OF his life. He was natter
Dy trade, and worked at that business many years.
lie afterwards moved to Warner. where he pur.
chased and successfully carried on farm; but after
the marriage OF MS only child to Mayor Abbott he
went there to reside He was man OF marked
character, OF decided opinions or frank genial and
kindly manners and OF stern integrity.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30

nurse am SspitaDle; always ready, both with n.
vas d. - his influence, to assist when assistance
Gev -seired, and to encourage when there was dan.
=. OF ALTERING. Through his hfe the General was
connected with the democratic party and warmly
attached 20 its principles. and his character ana
the State. F"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30

The sportsmen Of the North Riding of county
TIppcrary Ireland, have just lost one OF the most
popular ''mastors" that ever led on the Ormond
Hunt. Captain George Storey Borrisokane, an
ofllcerin the Tipperary Militia, has succumbed to
q long ana painful illness. He had 10 resign the
mastershp OF the hunt ABOUT eighteen months ago,
when the club, 10 testify tnelr sense OF his worth,
made MIN most valuable presentation OF silver.
captain storey was genuine character as sport.
ing gentleman and an ainiaole and accomplished
man In general society,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Daniel III. smith.

Daniel M. Smith, who died recently IN Temp.
ster, N. H., was very worthy and widely
esteemed citizen. In early life he was successful
school teacher. lie held various offices OF trust in
both branches OF the Legislature, and OF the Gov.
ernOr'S Council. .
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Gcnernl gnul Annlchnc:,.

General Paul Appplebach died at his residence In
Bucks county, PENNSYLVANIA, on the 2lst OF March.
lie was liiy-lve years Of age and had spent his
whole life In the midst OF the same community in
which he ended his career. lie was O perfect type
Of the Pennsylvania gentle man warm-hear ted
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
William Saunders.

From Anderson s. G., comes intelligence OF the
death OF Captain William Saunders. Captain Saun-
ders served his country In the war OF 1872 as .
captain OF volunteers. He was born near Charles
ton, and had been living IN Anderson forty live
wears.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Warner y. Underwood.

WARNER II. CndfrWnOd.
warner L. Underwood, OF Bowling Green, KY,
Q distinguished citizen, mas Just died there, IN
the sixtysixth year OF his age He represented his
district several times In Congress- AMI subsequently
neio commission to Europe. MI. Underwcou was
good, kindly neighbor and friend.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
COURT or APPEALS CALENDAR.

Albany, March 20, 1872.
The following IS the Court OF Appeals day caen.
dar for April 1:Nos. 1872 IA, 123 liz. 1Ol, l5, 100,
Q, Z, I'll.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30

NEW CRUsTAcEAN-A letter IRON Professor
sassiz, with The nasser expedition TO proie'sorr
Pierce, Of Cambridge, announces that Apassi1;s
deey-sca s0ulIlngs have brought 70 the sacIaee n
new crustacean which seems TO stand outsde or
al previous Consultations. This creature the PRO.
lessor believes to oe related 10 the riloDltes OF The
ing connection between the past and present. The
new crustacesL also helps 10 fulnl some OF the pre-
dicllons whicf tnd great naturalist made before
saiiing. -Bostot yotuDa, March 70
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
r He COUR T s.

Alleged Perjury Of Bondsmen-Thc Conviction
Of Talbot Sustained-Chargs OF Smuggling
and Important Decision-Irregular Petit
lions in Bankruptcy-Business Be.
fore the United States Grand
Jury-The General Sessions.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Alexander Whife.

The death OF Mr. Alexander White, the well
known art collector, IL announced from Chicago.
Only few months ago the valuable collection OF
paintings which he had brought together with inf
mite pains was sold under the hammer IN order to
make good the losses sustained In the Chicago fire.
Mr.. White had returned TO his home and was
buslly employed rebuilding his places of business
anu setting his AFFAIRS In order, when he was struck
down with paralysis OF the heart. Ills death was
most unexpected, as up to q few days previous to
his decease he was IN lie enjoyment OF vigorous
health. Mr. White was native OF Scotland, but
came TO this country at an early age. BY energy
and industry he succeeded in amassiug consdeta-
be wealth, which enabled him to surround himself
with those treasures oil art which no priced most
Tor their refining influence. At the time or his de-
cease he was actively engaged preparing plans for
inc ha ~ cue ~ ,Ss n %
in connection with the Free Library. in Mr., White
art has lost generous ana intelligent ratron, and
Chicago an enterprlslpg ana hon0red citizen.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
Humphrey Marshall.


Colonel Humphrey Marshall died at his residence,
In Louisville, KY, about two O'Clock ON Thursday
afternoon, OF pneumonia and bronchitis. Mr.. Mar
shall was born at Frankfort, KY, January 49, 1872
His father was Judge John J. Marshall, OF Louisville
nephew OF Chief Justice Marshall. Judge Marshall
was educated at Princeton N. j., where he took the
first honors Of his class. Colonel Marshals grand.
mother sister to Chief Justice Marshall SO that
he had In his veins all the blood Of the Marshalls;
His mother was the only sister Of James G. BIrney,
many years ago the candidate OF the liberty partyn
for President OF the United States. Colonel Mar.
shall graduated at west Point IN 1882. He Rradu-
atcd In June and started Immediately for Wisconsin,
In the Black Hawk war. Alter the close OF the
campaign he resigned went to Tennessee and got
1884 he settled at Louisville ana praciised law there
ever since, except so far as he has been interrupted
by public employmenis. In 1880 he raised com
pany OF volunteers to go to the Sabine and protect
our frontier, but General H0uslons victory at san
Jacin.o rendered the march OF the troops unneoes-
shall was appointed by the Governor Of Kentucky
COLONEL OF a regiment Of cavalry to go to Mexico.
battle Of Buena Vista. Colonel Marshall marched
his regiment by land from Memphis Tenn. TO
s sat Arrived a s Sama ss ab sse a. in July
In all the tatigues and einc1ltes Of the
in Henry county, Kentucky, and was elected to Con-
gress by the wings IN ls49. He was a very active
was reelected to the House Of Represen tatives. In
1852 he was appointed Minister TO China and re-
from this mission by President Fierce lie was
again elected to Congress by the Know Notnings
Dy majority OF upwards Of $500. Colonel Mar.
Snail was cOrpulent man. with rosy, open
countenance and highly intellectual expression.
Notwithstanding his great sizo he was a man Of
said Of him after the Union war, "lIumphrey Mar
shall mas thrown ASIDE his sword-which he never
Richmond, Va.U
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30

Indy VIIy THCy CI1ut
discovered the loss OF the Donds; went to the
opposite side Of the room when showed the man
walter G. Oakman, the confidential clerk of J. s.
Kennedy & Co.. was the next Witness. lie testified
that the 10Th OF January last, between the hours
OF eleven and twelve O'Clock, he saw man IN con-
VersatOn with Mr. Baker, and anot her man standing
at the door OF communication between the oflce OF
the witness and Mr.. Bakers office, whom he rec0g-
nlzed as The prisoner The witness heard of the loss
OF the securities about hall an hour after the men
had left the building. Mr. Oakman was cross.ex
ahmed as TO how the prisoner and his associate
were dressed but could not give definite answers 10
the questions propOunded TO him on that point. He
could not tell whether the men went out OF the office
bareheaded or not ana never saw the prisoner be-
Edward j. Babcock, clerk In the employ Of
Messrs. Kennedy Co.'s ONCE testified that on the
18th Of January he saw the prisoner and another
man pass into Mr.. Bakers ONCE, and when he saw
prisoner pass out he observed piece OF oiled silk
on his nnger
Recorder Smith cross-examlned this witness at
length WITH q A2saH out Was sss ,n ne PAD S
man who accompanied tho prisoner had his back TO
HIM when tnev we're In Mr.. Bakers Office. They
were respectfully dressed, and their manner did not
excite any suspicion IN his mind. Subsequent 10
the robbery he (the wtness) was III the street with
Detective Mulloy when they saw Newman, but he
was not arrested TIL TWO or three weeks after that
Assistant District Attorney Fellows rested the
case, resefvng the right to call witnesses to rebuff
testimony which no supposed the defence would
Introduce 10 establish an alib
THE DElENCE
Mr.. Howe opened the case for the defence stating
that he would show by respectable witnesses that
on the day IN which II was SAID this robbery took
place the prisoner was In Philadelphia, and did not
return 10 New YORK III evening. The counsel adj
initted that Tue antecedcus oil his client were bad
put aifrmcd Tor the past two years he had led ali
mnailos, VINO had spite against Newman, effected
As 1t was beyond the hour of od,ournmen, when
Tue counsel finished his opening, tue Court ad-
Jourhea lhl this morning at ten O'Clock.
The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1872-08-25

lie decidedly imprudent for young men
with a passisn for gymaastic performances
TO select D revolving shaft rs part OF their
sppsr.sns A youth in factory At Detroit
tics than be could stand.a He threw 3 rope
over aishaft revolving l35 times minute
and begaa displaying HE agility thereon.
The shaft was the, moro agile Of the two,
however, and speedily wound him up and
dashed him around till hardly whole bone
was left in his body. We do not expect
that foolhardy young men will take warn
ing by this-they never do but we speak
Of, it as an unsuccessful experiment in
gymnastics not worth trying again.
The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1872-08-25

Fhoosfts n bss6tfaai iansvAef }sfesy4ey IA
hence Of this book or hesitate to secure " ZOE
% son or daughter. il beyond our oomprenen-
zion. Ali they Nttlsr knay Aew s4Shne arc
to the mind that will but gaze and admire!
The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1872-08-25
nsralsg Star and CathaGs teseseeee-o,
- oE1HHNa. eUNDAY, AUGUST u.s. ts7a
f.sys SsA.ss syse';gs; e } hsa'h eeesssl

f.sYs ssa'1Ss 5sSssY' SiGssaG }rrss4's.
m. Rev. n. Muller. one of the Redeuptorist
Yashsry of Baltimore, has already contributed
,.ro.lx to Catholic literature and deserves
most grateful thanks for this new addition to
tbs stock Of wholesome reading. or one OF
his former works, entitled Tho Blessed
Euoharist,n Father Ryan, our poet-priest, has
said: 1--WE haye read this beautiful book, we
have tastea the swsetness Of its thoughts, and
We are reading it again." !The,sam sweetness
Of thought, with q profound knowledge Of the
,ubiect before him, il to 10 found in the book
now presented to the public The style of Fa-
Their Muller closely resembles that Of Faith or
Ryan himself, aud we could extract whole
pseesCof beautNol thpuGhss which our Rad
ara would attribute to the latter's eloquent
pom. This fact ia enough to convince our
readers that Father Muller's new volume 10
not dry, uninteresting esaay on Public Edp-
sation and tho evils that now thereffon, but
q most eloquent iDtense end earnest appeal in
favor Of Catholic instruction, . warning, yet
Sssesshies csy a.behalf Of. tho Bread Of Lie
for Gods little, famishing ones. Most besuti
fui b ne picture which- he draws cf ." ths'
voaansser army, nDs ssnntssioned Or pasA 'ss
tho sssses taAsy . gueases Rovsn--A ao9a-whs
for His lasss lsnA athst1 ssasssapaeahle areWss@
which unlsr Gsd hastans, des0te ths@ss lyes Il
tsaehias. cae.iRg. Gaining apd Adnsat'pi
the peer, tho sesds, eShs arphan. the hansalesl
the homeless, the forlosn, tho despised, a vel
r>ora favorsd of the earth.S How grand