davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-12-27
MARINE CounT-spEcIAL TERM.
An Action on C0ntract-Decisio
Before Judge Joachimsen.

An Action ON C0ntract-Decisi0n.
Before Judge Joachimsen.
John M. Jones vs.. william Ferguson.-In this &C.
tion on contract commenced prior to May 80, 1872
trial was had before me on the 18th Of June, 1872
The plaintiffs complaint was dismissed and judg-
ment rendered against him for costs and allow
ances. From this judgment an appeal was taken,
and is now pending. The plaintiff moves at special
term for new trial on the Judges minutes and on
the case on appeal settled by me.
First-The motion cannot be entertained on the
Judges minutes under section 264 or the Code.
1872 the Court has power to grant new trial In all
cases, and IN the manner and with like effect
as is given by law to other Courts OF record. The
term ''al cases'' covers and includes case In the
making such motion Is prescribed by section 265 OF
the Code OF Procedure to be on "case' or "excep-
tiOnsn or "Otherwise,n and must in the first in
stance be heard and decided at the Special Term.
In this Court judgment is entered in almost all
cases Immediately upon decision and hold the
plaintiff excused from not moving before judg-
mcnt. Quicker White, q How, 81, and Folger
vs. Fitzhugh, Al New York Reports, 22S) The
plaintiff is regular In his motion. Third-1he case
OF Hooker vs. Eagle Bank OF Rochester, 80 New
York, ST. was not followed on the trial as 1t should
have been by inadvcrtance on my part In this
respect the case Is analogous In principle to case
vs. Briggs DEMO, So), where tnat learned tribu-
nal confessed that In previous decision In the
same it entirely overlooked the provisions OF
the Revised Statutes. My decision was erroneous.
cited, ~ shall cease to respect myself when want
either the courage candOr to confess an error OF
Judgment OF which l am thoroughly convinced"
An ordcr mast be entered setting aside the judg-
ment and granting new trial. with costs on this
application to the party eventually successful to
abide the event.
The New York herald., 1872-12-27
'as obliged to go to transact some very important

was obliged to 60 to transact some very important
business.
sAINr YOU GOING TO MARRY ME- FIRST sn
tnslnuated the new arr al; and then she TALKED
OF his honor, but finally concluded she could trust
him to fulfil his engagement after his return.
However, months passed, and her attempts to
bring the recacitrant lover to proper sense Of
his shortcomings failed in every instance and, as
de,nfer resort proceedings were instituted
against him for breach Of promise and damages
liked at $10,0
CORBETT's DEFENCE +,
substantially was that there had been an unfor
tunate mistake; that he thought the woman he
had all this time been counting was an old name OF
his OF the same name whom he had left in lrelaDd
some seventeen years before. The party to whom
he had written In the frst place undoubtedly got
the names confounded, and thus ne aveIre1
led to this disappointment, which he regretted as
much as any one could. The arbitfators rendered.
decision this evening, allowing Miss Margaret Sli-
more the sum OF $500 for the laceratlOn OF hery
heart. Neither party is satisfied with the result.
Miss Gilmore considers the sum trinng for the DIS
doings Of false lover, while C0rbett thinks he iss
paying too high for his folly.
The New York herald., 1872-12-27
RUSSIA AND GERMANY.

German Peace Fanatics-Propagand s. ndfsm
by the Agency OF Fire-Project for the .
Destruction Of Russian War Material,
FOundrles a nd Factories.
ST. PETERSBURG, Dec. T. 1872.
The German princes and statesmen have shown.
on many occasions of late their good feelings
toward Russia. IL is not long since Minister Won
Motke and some German princes visited st.
Petersburg to inspect the gunpowder and cart
ridge factories cannon foundries, arsenal and
other military institutions OF the Northern Empire,
and now the Prussian Prince, His Imperial High
ness Frederick Charles, is expected to visit the
country OF the Czar. The existence OF this evident
good viii is further shown by the fact that the Ger
man government sent short time since to the
Russian officials note Of warning, as am In
formed by private sources, which was to the effect
that ..some German fanatics uhc words oflically
used had started for Russia with the Intention Of
destroying by fire all the guns and the munitions
or war factories which produces them, and also all
the provisions contained in the various depots OF
the Empire"
HOME FIELD FOR THE PEACE MISSIONARIES.
one month ago the arsenal and foundry at
Briansk. in the province Orlarskaya, at the very
heart of Russia, was with the exception OF one
engine which was saved totally destroyed, and
grave suspicion points ia the uirecuon OF the So
called fanatcal Germans, whose desire for peace
ami tho abo,,,ion of armies might more efectually
he directed against the condition OF affairs at
nome where to-day exists the greatest tnumeri-
caly, army In the world-vlz., ,02O men and
$500 horses.
THE ENTENTE DRAWN CLOSER.
The warning given by the Germans, however,
points to desire on their part to increase the
friendly spirit between The nations.
The New York herald., 1872-12-27
MAslNs COUnT-pART !.
Decisions.

BY Judge JOacnimsen.
Eisner VS.. Rip.-M0tiOn for new trial on Judges
minutes dcmurred.
White vs.. Thelsse.-Same.
Fitch vs.. FiCch.--Order resettled. The costs
($10) must be absolute instead Of abiding event.
Helm vs. Rolman.-Order resettled and directed
to be entered as Of this date.
The Late Judge SlOss0n.
After the hearing OF large number OF motions
in the Marine Court, Chambers, yesterday, and
which occupied the Court till noon, 1t was moved
that the Court do now adjourn out Of respect to
the memory Of ex-Judge Slosson, and to give mem
funeral. Judge Gross, in adjourning, paid leel-
ing tribute to the memory of the deceased, saying
he considered it but just that the Court should
thus Tor itself and the members OF the Bar prac-
tising before it, testify to the high appreciation
with which Judge Slosson was regarded both as
lawyer ana citizen.
The New York herald., 1872-12-27
Seventh Days PrOtetdings-ClOse Of the
Prosecution and Opening Address
for the Defence.
A NEW WITNESS ON THE STAND.
He Testifes to Having Heard Stokes
Threaten to Shoot Fisk
Stokes Excited.
THE LINE OF DEFENCE,

notwithstanding the exceedingly inclement state
Of the weather yesterday and the impedimcnts to
city travel there was goodly number Of persons
IN the Court Of Oyer and Terminer previous to and
during the proceedings in the seventh days trial
o Edward s. Stokes, among whom were few of
the fair sex. There was nothing new in the testi-
mony given yesterday from that given on the first
trial. with the exception OF conversation testified
20 as occurring between Mr. Andrew Parker,
new witness or the prosecution. This witness tes-
tihcd that as far back as six or eight weeks prior
20 the shooting lie mad heard Stokes
THREATEN THE LIFE OF FISK
and say that he had pistol for him, at the same
time calling Fisk blackmailer. While this testl-
mony was being given Stokes arose in his seat and
exclaimed, IT'S false, every word OF it is 1alse."
The witness was subjected to severe cross-eXam-
naton, but tenaciously stuck to his story.
The prosecution rested their case during the
afternoon, and MIR. Townsend, Of counsel Tor the
prisoner delivered his opening address, which
was pithy and forcible, though brief. During his
semarks he arraigned the private counsel on the
other side in quite severe terms. winch brought on
q lively scene, lasting for about fifteen minutes.
As far as is yet known the line OF defence Will
not differ materially from that OF the first trial;
at least there was nothing in the opening OF MI.
Townsend to indicate change.
The New York herald., 1872-12-27
COURT or GENERAL SESSIONS.
Scntences-ClOse OF the Term.
p.so.n ,,ooo,1o, rIo ool,o&t

Before Recorder Hackett.
The Court met yesterday morning for the pur-
pose of finishing up the business of the term,
John Donovan, who pleaded guilty to an attempt
at grand larceny few days since, was sent to
the State Prison for two years and six months.
Michael Fitzgerald, who was convicted Of rob-
berry, was sentenced to the State Prison for the
period OF ten years.
After disposlng Of one or two unimportant mo-
tiOns the Court adjourned for the term. His Honor
the Recorder has sat unrenlittingly during the
month till late hour each afternoon, and thus has
tent OF the large number OF persons detained there
In variOus offences
The New York herald., 1872-12-27

reference to the nature Of their duties. He was
not informed as to what particular classes OF Of
fences would be submitted 10 them, but upon this
matter the District Attorney would inform them.
Their sources Of information in finding bills must
statements Of witnesses, unless any member OF
their body had knowledge ofthe commission OF an
offence against the law, when ne would, OF
The Court then adjourned.
The New York herald., 1872-12-27

at Headquarters, and Oficer Curley and
Detectives Caddel and Doan were sent
OF 203 Broadway Harrington's former employer.
Harrington. was brought over to the Tombs yes
ling.
His Honor committed him without BAIL
Julia Smith, the unfortunate girl whose life he
attempted to take, is now in West Twelfth street,
in charge or O charitable woman who has under
taken her reformation. As soon as she Is able she
win appear to prefer the formal charge against the
prisoner.
The New York herald., 1872-12-27
Arrest or rtRsINGIop.
The tvouid-Be Murderer of julia Smith
In the wombs-Ifc Is Committed With
out Bail by Judge Bowling.

John Harrington, who shot julia Smith at 61
Bayard street on the 18th OF December, was ar
rested Wednesday night in Brooklyn and Id on
three different charges Of grand larceny. lie had
cut on his hair and mustachc closely and had other
wise sought TO prevent identification. When ar
rested he gave the name OF George Rob
"rts News vi ha arrest was received
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
LOCAL PARAGRAPHS.

The Italian procession and picnic
to-day.
Tickets for the Confederate Picnic
will be on sale at all the principal no
tells, book and drug stores.
The Police Convention which was
to have met in Washington in June, is
postponed TO the fall, owing to the prev
alence of politics.
Two of the negroes mentioned in
the CORY article in yesterdays APPEAL
are in Jail, awaiting further action by
the law officers of the State.
"A very entertaining festival is now
going on in the Jackson block, at the
corner of GayOsO street, on Main, for
church, on Main street.
Lead works have been commenced
in this city. An exhibition of how lead
pipe is manufactured will be given at
Phil. ]. Mallon's this morning at ten
O'clock.
-GOttlieb Waggener was arrested
in Columbus, Kentucky, yesterday, on
a telegram from here TO the effect that
he had stolen a pistol from Joseph San
ford, 10 Front street. GOtlieb will be
mere lo-uay.
Everybody should look at the win
dows Of +. II. Clark & Co, and see the
magnificent prize of silverware to be
awarded at the great Confederate Picnic
on Saturdaynext, the eighteenth instant.
at James's Park.
"A poor darkey, who runs a hand
cart, was arrested yesterday, charged
with appropriating a trunk which he
was hired to convey TO the Ohio depot.
Investigation showed that the trunk
was delivered and sent out on the road.
He was released.
The photographic reporter Of the
APPEAL was yesterday asked: "On
how short an acquaintance is a short
armed man entitled to shake hands
with a shorthand reporter2' The sub
ject is respectfully rNferred to the next
meeting Of the Short and Sweet Debat-
ing Society.
The Evergreen Nursery, 50 beauti-
fully called TO our attention by Victor
ID. Fuchs, in his usual elegant style, GER
tainly produces the best Strawberries we
have tasted, and the manner in which
they were served-well, DIR. H. w.
certainly does display the most
exquisite taste. The berries were deli
eiOus.
AT Raleigh Springs the tavern
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
A CORRECTION.

EDITORS APPEAL do hate so much
to appear wrong, OF to be put wrong,
that, at the risk of being troublesome
about a small matter, l ask that you
please publish this.
The Grand Jury said yesterday morn
ing that "undeT eOmpulsiOn" | did in
t%wenty-fOur hours what L said "cOuld not
be done in a month"; 1 don't think so.
If the Grand Jury had only inquired
concerning the amount of my own fees
of Office, l could readily have given
them, but they asked me for a detailed
statement of everybody's fees, from
Judge down, including Judge, AttOr-
ney-General, Clerk, Sheriff, Magistrate,
Constable, witnesses, and every other
official, from date of office down, and 1
did say, as I say now, that it would
take a clerk a month to make it out.
All that | desire is to be set right.
VT. AVERY.
Nav 10. ISL
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14

keepers charge twelve dollars per week
or fifty dollars per month; at Rhea
Springs, in the mountains, not far from
Chattanooga, forty dollars per month;
at Swayne's Sulphur wells, near Paris,
thirty dollars per month. People, in
hard times and high taxation will go
where it costs least to live.
Hastings and German, the two men
arrested by the detectives on suspicion
Of stealing McCombs' watch, were out
before Judge Ray yesterday morning ON
a writ o fhdbe0s corpus. The Judge dis
charged both on the charge of stealing,
as nOproof was forthcoming. Hastings,
however, was held in custody on the
charge of having burglars tools in his
possession. German was arrested for
the purpose of making him confess
as to the location of the stolen
property, which he did to detective Nc
iCune, and that officer acting ON the in
formation thus obtained, sent Sergeant
McElroy after the watch, armed with a
search warrant, and in this manner the
property was recovered with other val
uables.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
PERSONAL.

w. E. EVERETT, Esq, formerly of the
United States Navy, and inventor of the
machine Tor paying out the telegraph
cable, is in the city. He m from
Hot Springs, rejuyenated.
COLONEL DAVID LooNEY, long ago g
citizen of Memphis and successful law
yer at our bar, leaves to-day for New
York and Washington, to prosecute I'M
pOrtant claims for several OF our citizens.
COLONEL w. d. MANN, President OF
the Mobile and Northwestern railroad,
is in the city, and, we are happy to say,
has entirely recovered from the injuries
received in the ''smash-up" on the New
Orleans, Jackson and Great Northern
railroad.
r. c. BERTRAND, Little Rock; l.. ID.
Fletcher, Cincinnati; N. Wheaton,
Providence; Thomas Hoffman,. Mt.
Sterling, Ky; j. G. Brown, Chicago;
John Watson, New Orleans; o. j..
Hill, Arkansas, and ]. NJ. Kennard,
Louisville, are at the Peabody Hotel.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
CARD FROM MR. HARRIS

To the Citizens Of Shelby County:
While making an explanation in the
meeting held in the Chamber of Com
merce this evening, / became angered
at demonstrations of an annoying char
acter upon the part of the Chairman
and a few of his satellites, and used
language which was intended for them,
and not for the meeting, which would
have been apparent had not their
Kisses and an unjust ruling of the
Chairman, Mr. Higbee, prevented me
from finishing the sentence. l therefore
deem it due to myself to say that l did
not intend to characterize all who COM
posed that meeting as a mob, but used
the language tOconvey my contempt on
ly for those whose conduct fully war
ranted me in doing so. l am most heart
lily i'll accord with those of my
fellOw-citizens who are willing
to labor to lessen the burthen
of taxation, and as one of their repre-
sentatives in the Legislature labored to
the best of my ability to do so; but 1 am
not willing TO condemn a single official
in Shelby county without giving him
every opportunity of being fully heard;
nor am / willing to discriminate against
the officials of our county in any way,
shape or form. The statutes of our
State regulate the fees and emoluments
received by county officials, and / know
of no legal way of reducing the fees of
the officers of Shelby county without
violating the constitution, as that
instrument provides that all fees
shall be uniform throughout the
State. If the fees of the Of
fcers of Shelby county chance
to amount TO more than those of other
county officials throughout the State, il
is because they do more work, their fees
being the same. That there is reform
needed in u midst in State, county
and municipal affairs / do not doubt;
and, so far as 1 am capable, Ihave, at all
times, been willing to do my utmost to
them, but to condemn unheard,
or to take part in any movement which
would override Our constitution, or to be
a party to any contemplated legislation
discriminating in favor of one class of
our citizens, and against all others, 1 beg
to be excused from.
Respectfully, JAMES NJ. HARRIS.
CALL at the rooms of Merriman &
Wilcox, 2734 Main street, and examine
the Mathushek Piano.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
STOLEN.

MARE MULE-TWENTY DOLLARS RE-
stolen in the night from saturday TO sunday,
Nav 18th, from stable in the rear Of 20 Second
street. Description: Mare mule, l5te hanas
higb. mouse or iron-colored, white spot on
forehead, mane badly trimmed, lame in left
shoulder, saddle marks, without hNir. t0r
the return Of the aboYe-descr1bed mule, TO 20
second street, l will pay the above reward,
with an additional sum Of thirty dollars Tor
the thief. JAMES BACHMAN.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
RIVER INTELLIGENCE.
Boats Lenytng To-Day.


RhFerS, eAtheF ana business
The decline yesterday in the river
here was eleven inches. A heavy rise
is reported at st. Louis, and a slight rise
is noted in the upper Mississippi and
Missouri. The Ohio is falling all the
way up, and the Arkansas is rising
slowly. White river and the other lower
tributaries are falling. The weather
yesterday was clear and cool. Business
at the landing was fairly active. The
changes of the rivers elsewhere are as
follows: At Cairo it declined ten inches;
Cincinnati, six inches; Nashville, five
inches; New Orleans, three inches;
Omaha, two inches; Pittsburg, two
inches; Shreveport, five inches; Vicks-
burg, sixteen inches. At Davenport it
rose two inches; Leavenworth, three
inches; st. Paul, five inches; St. Louis,
sixty inches. At Louisville it is sta
tionary.
ny Telegraph
VIcKsBURe, May 13.-Boats down:
II. NJ. Shreve, Z last night. Down to-
day: Belfast, 5 am; Henry C.'Yaeger,
IL Am; Robert r. Lee, 5 pm Boats
up: Mary Miller, Z last night. Up to-
day: Great Republic, 8 pm; City of
Cairo, 8 pm. Weather warm. River
falling.
nashville, May 13.-The river is
falling, with Is inches water on Har-
peth Shoals. Weather fair and pleasant.
EVANSVILLE, May 1S.-The weather
is chiefly cloudy and warm. Mercury
ZOE. The river has fallen 5 inches. Port
list-Up: Lioness and barges, Z pm;
Sam j. Hale, 8 am; Ajax, 1 pm.
Down; Peytona, 2 pm. The Exporter
leaves tomorrow. Business dull.
PITrsBURG, May 13.-Weather clear
and pleasant. The Monongahela Fivsr
has 8 feet 6 inches water in the channel,
and fallidg slowly.
NEW ORLEANS, May 13.-Arrived:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
STRAYED,

1TULE-One gray or mouse-cOlored mare
MI mule, about Il hand 3 inches high; 4 or
5 wears old; heavy-Set and in fine condition
had on a large rope halter; was last seen May
10 about dark, at T~rezeyant's place. three
miles northeast OF Memphis. Any mforIna-
street, that VIII lead to her recovery, viii be
literally rewarded. MI
NTULES-On the Sd instant, two mules; one
MI a bay mare, T7% hands high, hind legs
swollen at fctlocks; and one dun coloreu
horse mule, about II hands high; botl heavy
shOd an around. A liberal reward for their
delivery TO Mrs. O'Gara's, l2 Front street. ms
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
LOST.

CORAL ARMLET-On Sunday, a chiId's
u pink coral armlet, with gOId clasp. The
nnder will be suitably rewarded by leaving
mvI2 POS Main street.
nOG-Speclded pointer dog; TO
IL name OF "PontO." OF MS
whereabouts viii be literally rewarded.
my3 q. a. MANN, % Monroe street.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
The Black Crook.

Everybody about the theater is busy
putting up machinery and scenes for the
Black Crook, which, we are assured by
the management, will be given with ev-
cry accessory necessary to its production
on a scale of magniicence equal to that
which, a few weeks since, excited the
wonder and applause of the people of
New Orleans. The first performance
will be given on Monday night, when
we expect there will be an immense
audience to greet it.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14

First Circuit COuFt-HeiskelI, Judge.
This court will meet at nine o'clock a.
m, on Monday, May 20, 1872, for BUSH
ness. The daily sessions will be from
nine o'clock am. to m, and from two
to five o'clock pm. Order Of business:
First-Impannelling %juries. Second,
Answer of garnishees. Third-A call
of the trial docket will be had accord
ing to the daily calender made out by
the Clerk, under the direction of the
court. Upon this call, where n of the
counsel preparing the case on each side
is present, the case will be tried or on
tiHFled, if all of such counsel are absent
at the Supreme Court or engaged in the
actual trial of a cause in the other courts
of the city, the aus will be set to suit
convenience of counsel. Every Satur-
day is motion day. Writs of inquiry re-
turnable to this term will be executed
any Monday morning.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
THIRD ANNUAL GRAND PICNIC

THIRD ANNUAL GRAND PICNIC
or THE
SOeieta di UniOn e Fr~ateIIanza ItaIiana
at James Park, May IA, 1872.
The members of the association will
meet at their hall, South Court street, al
half-past eight am.
ORDER OF PROCESSION.
The procession will form in front OF
the hall a follows:
Marshals.
Music.
Members of the society in regalia.
Triumphal Car.
Hack with President, Vice-President,
Treasurer and Orator Of the Day.
Hacks with invited guests.
Citizens in carriages and OF foot.
The procession viii move to Second
street, up Second to Poplar, down Pop
lar to Main, down Main to Beale, out
Beale to the park.
At the grounds speeches will be de-
livered by the Queen, Miss Louisa
Malatesta; Goddess of Liberty,
Miss Louisa Podesta; and Orator
Of the day, Colonel Gus. A. Signaigo,
and other distinguished eloquent speak
ers.
Grand Marshal-G. B. Signaigo.
Assistant aTshal-FillippO Luccarini.
Orator of the day-G. A. Signaigo.
COMMITTEE or ARRANGEMENTS.
A. B. Vacearo, p. ID. Canale,
L. Perpoli, L. Miccheletti,
G. Montedonico.
vTOOR MANAGERS
f. De Lucca, Adolf Moni,
Lazzaro POdesta, c. Cristofani,
A. Garribaldi, NJ. ProvinZale.
GATE COMMITTEE.
p. MaggioIo, L. Luccarini,
d. ROssi, p. Paccinf,
+. Cazzassa, G. Gallina,
L. Alright, a. Arata.
BAR COMMITTEE.
Me Malatesta, r.. Luccarini,
A. RaggiO. 4l
The amusements Will be continued
until twelve o'clock at night, and the
grounds will be brilliantly lighted. The
best order win be observed, a competent
corps of police having been employed
for that purpose. Every provision that
can, will be made for the comfort and
pleasure of those who attend. Tickets
dffv cents-ladies free.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14
PERSONAL.

TO MISUNDERSTANDING, information OF
i the whereabouts Of JAMES
a m~achinist, who left Memphis for Nicksburg
last September. Mrs. MARY NICHOLSON
care OF Robert Nicholson, . Mosby street,
Memphis, Tennessee. myi4
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-05-14

ASSEMBLY HALL was filled to over
flowing last night by a great multitude
who were delighted by the tasteful re-
cital, by the painters brush, of the mar
veIous story of the Pilgrims Progress,
as told in words by rare old John Bun
yam. Go tonight