davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
THE MURDER IN Delaney STREET.


An inquest was held yesterday by Coroner Young
10 the case OF william Burau, whose death was
caused by fracture OF the skull received during
fight on saturday night last Three young men,
named James Coyle Nicholas Gallagher and John
o'Day, were arraigned on the charge OF being con-
cerned In his death.
Adam Hausknecht, proprietor of the saloon 90
Delaney street, testified that deceased who was
somewhat under the influence Of drink, was In his
pace ON saturday night about twelve O'Clock
WIN TWO friends, named vogel and Lamp
Gallagher, who lived overhead in the same house
entered the store and got into an alteration with
lhe Gefinans; Nogcl and ne struck at each other
nut were separated 10y witness: the Germans went
INTO inc street and we're followed in few minutes
by Gallagher.
prisoner Gallagher, and George Lamp deposrd
that after leaving the saloon they proceeded
10 the stoop OF their boarding house
2O4 Delaney street, which was only "a
few doors away: while standing there Gallagher
hung "a stone brick which fced Burau 10 the
ground: he got up with considerable difiiculty
bleeding from wound over the left eve, and
declaring that he felt very sick and asked to he
taken to the hydrant; Gallagher ran away; Burau
was subsequently confined to bed and died on Tues.
day.
DR.. Marsh declared that death was the result OF q
fracture OF the frontal bone, and The jury found
verdict against Gallagher, who WAS accordingly
committed to the Tombs.
Coylc and OiDay against whom there was no tcs-
timouy whatever, were then discharged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
SHOOTING ARRAYS.

Charles Clements, who was shot by James
McNamee alias "Strctch." in fight Mt bali In
the Casino in Houston street on Saturday night the
Goth ut, is now in a dying condition at Bellevue
Hospital, and Coroner Young was yesterday
notified to take his ante-mortem deposition. The
particulars OF the occurrence were fully published
In the HERALD at the time. It is asserted
that Clements and McNamee had made an attack
on John Cummings the lessee OF the ballroom and
during the scutlle that ensued both Cummings ana
Clements were wounded-the former in the right
cheek and the latter In the abdomen. Clements ia
now dellr1ous, and not in ut condition to make
any statement. While he retained consciousness
he insisted that he had not been shot by his friend
McNamec, nut, on the testimony of others the lat
ter Is now confined in the TOmbs.
Abont three O'Clock on Sunday morning James
burns, an ex-City Marshal, who had been drinking
for more than week entered the Gotham drink
Ing saloon, No. 29s Bowery, kept by Bernard Kee-
gan and, seeing John Halloran OF No 30 BOwery.
seated In chair, ordered him to leave IT, Thea
without provocation or warming IL is said he fred
TWO sh0ts at MN, one OF which took effect I'm his
lett breast and the other in the right leg above tho
Knee TIE wounded man was removed TO Bellevue
Hospital in dying condition, and his assalapt was
locked up ~ Essex Market Prison 10 await the re-
SUIT OF ms INJURIES Coroner Young Yesterday after
noon took lialloran's ante mortcm depositi0iL
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
THE STREET CLEANING COMMISSION.

A meeting OF the above Commission was held yes
terday in obedience to call OF the Mayor who pre-
sided. The call stated the following subjects for
consideration :-sShall the contractor be paid TO
date and the contract abrogated ~ "Shall IL be
abrogatcd anyway" III so, who shall 90 on with
the imperative necessity OF cleaning the streetsf;
The Comptroller was unavoidably absent, and no
decisive action could be taken. The Mayor, how
ever. read the clause of the contract referring
to its abrogation and expressed his opinion, a
lawyer and as member OF the Commission that i'm
spite of some OF the difficulties in the contract it
would be legally safe to abrOgate II. There were,
however. certain pecuniary considerations that
would be necessary to consult the Comptroller
about, and the meeting was therefore adjourned
until ten O'Clock on Monday morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
COURT or SESSIONS.
Alleged Malpractice.


Before Judge Moore and Associate Justices Voor-
hees and Johnston.
An application was made yesterday to admit to
bail Drs. John Arnhemner and I. L. Tieman, who
are charged with causing the death OF Mrs. Anna
Elizabeth Ziegbenheim, residing at 301 Patchen
avenue, by malpractice. The Coroner's jury found
a verdict against the prisoners. Judge
Moore decided to fix the bail at $1,000
each but counsel for the prisoners wanted the
amount reduced to s. 900, which, he thought could
be obtained.
Judge Moore suggested that they had better
make an effort to get SO, coo bail. lie said that the
District Attorney claimed manslaughter in the third
degree. He took IL for granted that there was u
cause for TINS accusation, ana that II men VINO
practice physic and surgery were so negligent and
incompetent that they killed person they must be
held responsible.
Sending Pickpockct to the Pcnften-
tiary.
Ida Sweetzer OF No. SO Willoughby street, was
leaving boat at Fulton ferry, on the 4th OF April
when young man named David Connors brushed
past her and relieved her OF o pocketbook. A cry
was raised, when Connors started or and threw
the pocketbook away. lie was soon arrested,
and yesterday Jury IN the Court OF Sessions con
victed him. Judge Moore sentenced him to the
Pententiary for sA months.
Stabbing IA Policeman in ~ Ball Room.
row occurred during dance ut Union Hall, ely
mer street, on the night OF Marchl6 Onicer Frank
McQuade, while attempting to que the disturbance,
was stabbed in the left hand lie found william Don
nelly standing beside him with n knife in his hand
and had HIM arrested. Donnely and all hands
were drunk. The prisoner tried yesterday on
the charge OF assault with intent to do bodily HARM
The jury disagreed.
Discharged.
Richard ]. Young was indicted for stealing from
Lawyer Condit's Office, at thecorner OF Clinton and
Atlantic streets. He occupied cell in the Jail with
the burglar Izzy Jones' and by testfying against
him on Thursday last secured his conviction.
Young said that Jones told him all about the bur-
glary at McMurray's jewelry store. Yesterday the
District Attorney rewarded Young for his testi-
mony by entering a noue pr0SeQnt In his case.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

pend you n they want to. Dutchman can speak
twice. The Dutch can speak more than the Smiths.
me BISHoP-The Dutch talk too much Gentle
men, don't be dilly-dalying. Business Is business.
hrother WASHINGTON TO Smith)-Go away with
YOU nonsense. -
On motion bishop Jones and Brother Washington
were appointed a committee OF two 10 attend the
Methodist Episcopal Conference IN Brooklyn, VIVA
view TO af1ilation with that body and TO explain
the difiiculties surrounding Zion.
Blsnop JONES then wrote out the following resolu-
uoh, which was read and adopted
assigned to the Episcopal oversight of the Fifth Episcopal
district OF the African Methodist Episcopal Church
IN America subject to the assignment OF subsequent
sons of this body and until other Bishops legally
oversight of the entire Church.
The Conference, at twelve O'Clock noon, adj
journed, to meet again at Charlottesville, N O., on
the 18th Of June next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

Vermont, H. w. worthen; virginia, 2. p Phelps Wash:
! H HSssH %s, Ss1: sss sss!
rev. ss sls'SSs ayysn My ssseEasary REV. tsia S
sysr Palmer Le casrnia aaeFPy Central
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EH as RIh,ssss ;%Iss as
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T \ MsGraNih; Newark j Crane New England l. K
Hs%g' 9Sr Iss New York @
aerma ob e k SSFs1 Sas5sna Srhwsst
NssSsS HssI ESs1 Hsss
sn soHt as SarG snn;h ~ H Ind
Tsn"sssse fsssS Texas.
Evys troy pessy vl sRsT i fSsss
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F. THOMPSON Wisconsin, j. p. Pease; Wyoming, B. W.
THE COMMITTEE ON BOOK CONCERN.
o Larki1 T. Eddy whi!e @ NJ Gibson R.
Brsse M.1 A. Edwards p Diskhart Grimm j Mazzy,
wi'F hanss rVer 6s 1asS'S
ssTe ~ aer snnEe opp T5yss ao s.
Q. Mcdonald, 5. Hoffman, f. H. Rogers, r. H. McGrath,
SroS% Curry Ts$gs Si SliIigs ~ sssss
s W Thomas as, j. Horner, p D. T. Ella, G. Goodrich b. r.
pei ID: Rutledge, w H. Faylc, O. N Burdick, d. N Coo
Icy, Il. J. SAKE, " W. Bencklcy, j.. A; Harris c. D.
H. olin Chairman, B. II. Bonner; Secretary, A. K. Ed.
wards
The Committee on ltineracy elected DR.. Jesse T.
Peck, OF Syracuse, Chairman, and DR.. Allen, of
Indiana, Secretary. The Committee on Missions
chose DR.. Gilbert Haven, Chairman and Rev. b. j.
Ives Secretary, by reclamation. The Education
Committee were equally unanimous in choosing Mr..
T. Bowman, OF Indiana, and Professor William
Wells, OF Troy, Chairman and Secretary, respect
lively.
1t was then six O'Clock, and the meeting adj
journed without organizing any other committees.
1t Is said that the constitution of the Church re-
qures Bishop to preside over the Court of APP
peals and the Secretary OF the General Conference
to be Its secretary though no such exception or in
timation was made on tile Moor of the Conference.
There was considerable quiet feeling manifested
among the delegates in the ballOting for
Chairman OF the Book Concern Committee.
The Western and Southern delegates were strongly
opposed to the election OF any man who had taken
sides In the Book Concern troubles; and hence,
when DR.. Curry received handsome vote for the
craftsmanship OF that committee, the comments
that 1t was put-up job were freely heard. After
the first ballot had been announced, however, and
no election had taken place the Doctor virtually
withdrew in favor of his principal opponent, Mr..
Bonner on whom the votes were concentrated and
he received forty-three out OF total of iftyseven
on the second ballot. The committee consists OF
on this question intelligent MethOdsts can be
subject OF such vital Importance to the Church as
that which has agitated the body for nearly four
years. And there is very strong probability that
Germ after the adjournment of the present General
Conference.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
SUPREME COURT-CHAMSeRS.
The Van Saun Forgery Case.

Before Judge Brady.
The particulars of the case of Albert Van Saun,
charged before Judge Downing with having, through
forged certified check, obtained $50 600 from John
A. White, a broker, of this city, have already been
fully published. A feature in the case 1t will be re-
membered, was the commitment of Mr. White to
the House of Detention as witness and refusal to
accept bail for him, though he offered, as alleged
$4,000 certified check security for his attendance
In court when wanted. Mr.. Smith, the partner of
Mr.. White, was committed as a witness at the
same time. Application was made yesterday morn
ling IN this Court Tor the release of Mr.. White.
Assistant District Attorney sullivan, in opposing
the application, said that IL had appeared to Judge
bowling that there was strong reason for beev-
Ing that there had been some thing like compound-
ing felony. Very curiously, the two witnesses
who had had the forged check i'll their possession
were unable to tell how ii had passed out OF their
hands, and one, who had been attorney for the
prisoner, had told him that IL had passed out of
their possession after the day they declared ii
lost. SO strongly had Judge bowling been i'm
pressed OF something wrong IN the matter that he
gave orders that they should not be allowed to
communicate with one another.
Elk Judge Fitllian, behalf of Mr.. White, pro-
tested against the commitment of citizen to PRISON
without even complaint. only when security was
refused, he insisted the magistrate had the right
TO send 10 the House of Detention. He insisted fur
thcr that Judge bowling should be bed within the
law.
Judge Brady said that he must assume that the
commitment had been properly granted, but it was
clearly proper case for bail. The only question
was the amount of the bail.
Mr. Sullivan suggested that $4,000 would be
none too much
Mr.. Fithian said that this was ridiculous
amount
Judge Brady fixed the amount at $4,000, which
was promptly given by Mr. White.
Another Ma Ind q mus Aga inst the Boar d or
Audit nnd ApPortionment.
The Court granted mandamus against the
Board of Audit and Apportionment, compelling
them TO provide for the payment of eight months
salary to James l.. Crosby, one OF the Supreme
Court stenographic reporters.
Decisions.
In the Matter Of the Application OF Emeline West
for appointment OF Trustee.--In this case there
must be . guardian for absent infants and refer
ence.
In the Matter OF the Application OF jeremiah
acknowledgements for counsel.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
TROTTING AT FLEETWOOD PARK.

Two trottng contests were announced to take
place at Fleetwood Park yesterday afternoon. The
first was a sweepstakes and purse for $780, mile
heats, best three in five, between William LOvels
bay mare Topsey, in harness, Colonel Dickey's dun
gelding Fox, IN harness, and Mr.. Kings gray geld
ing Mercer, to wagon. These horses had been
matched once before this season, and two of them.
Topscy and Mercer, came to the score, but Fox had
injured his knee, and was allowed by the judges to
withdraw, That contest was won by Mercer, and,
desiring another trial, with Fox included, led to
yesterdays sweepstakes. Mercer was again the
winner after five heats, scoring the third, fourth
and filth.
The second contest was match OF 5000 between
the brown gelding Tcazer and the gray gelding
Gray Eddy, catch weights, mile heats best three in
five, in harness. Gray Eddy won easily III three
straight heats.
The attendance for the season OF the year was
very fair and the betting quite spirited. Mercer was
the avoritc before the start in the first race, and
Teazer In the latter The heats In detail are I'M
necessary. Below will be found the
SUMMARY.
FLEETWOOD PARK Morrisania, N y, May 3, lS72.-
Sweepstakes and purse OF $500-Mile heats, best
three in five.
Mr.. King entered or. g. Mercer, to
wagon (Mance) ......................3 l l
William Lowell entered b. IN. Iopsey,
in harness (B. Mace) ..............., l 8
Colonel Dickcy entered q. 4. Fox, IN
hnr q Is IS
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
THE PIPEMEN,S STRIKE.

The big pipe and the small pipe laborers are still
on strike, they having knocked or work on
Friday last The cause OF the trouble s that the
Commissioner Of Public Works ordered the wages
on the men to he reduced from So so to So a day.
me iaborers IN al number about eight hundred
men ana they say that they cannot live at the
WaRes commissioner Van Mort has fixed for them.
an additionai cause OF trouble IL that the rcduc
.ioh ol the wages was made after the men had been
WI Wceks without receiving any pay. II Ii in
tended 10 send n committee of the "strikers'' 10
..oih'nSslohcr van Mort 10 explain to him what
lhey DtIcpe ioDc y grnaL grleNalcn.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
UNITED STATES CIRCUIT COURT
UNITED STATES COMMISSIONERS COURT.
Whc Case Of Harry acknowledgements
NEUTRALITY-SUSPICIOUS. Law.

Whe Case of Harry EGWnrds-GOnsular
Rights-Fnternntional Law.
Before Commissioner Osborn.
The case of Harry Edwards, the Norwegian sailor,
was up again yesterday before Commissioner Os-
born for argument. Edwards was charged with
having threatened TO stab the mate OF the Nor
wegan vessel skiold, while on voyage from Aus
tralia to this port. on the application Of the Con-
sui for sweden and Norway, Edwards RENTED
by Commissioner Osborn to the custody OF the Mar
shall, pending his removal to Norway Upon a writ
of habeas corpus, Judge Blatchord decided that Ed
wards could not he held, and accordingly ordered
The man 10 be discharged from prison. Suhse
qucntly Edwards was rearrested, and yesterday
his counsel, Mr.. j. X. Goodctt, made motion To
discharge him on several grounds. Counsel held
that the United States Commissioner Is a federal
officer, subordinate and inferior to a United States
District Judge, and where such Judge has, on
writ OF habeas corpus, discharged any one impris
oned by virtue OF warrant OF commitment from
United states commissioner, under any provision OF
treaty and any act Of Congress relating TO the
empowering linn to 90 SO, he cannot again issue a
warrant for the rearrest or commitment of the
party again. The decision of the United States Dis
triCt Judge is final and conclusive, and the pre-
sumption is that he had all the laws before him
bearing on the treaty: and whether his decision be
right or wrong, IL cannot be reviewed or reheard
The United States Commissioner cannot go behind
1t. The action OF the District Judge was Iina when
he discharged the prisoner II cannot be reheard
or reviewed, nor again be brought before him on
the same Facts for the same alleged offence. Coun-
sci also held that the treaty of 1928 with Norway
ana Sweden confers no power on Con-
suls, vice C0nSulS ana commercial agents TO
cause the arrest of any OF the crew Of
Sci OF their nation not specified in that treaty, and
there is none specified other than for desertion.
The Enabling act of Congress OF 1864 cannot
large the powers OF the treaty OF 1923. There was
no proclamation 81 the President to carry into effect
the treaty OF 1925, as required by the act Of Con
gress OF 1894
The Consul for Sweden and Norway, Mr.. Christian
BOrs, was present, and stated that as this was
matter involving an important principle he wished
that there should be an argument IN reply to the
points insisted upon by counsel for Edwards. For
that purpose he asked an adjournment till Monday,
In order that such argument might be made
The Commissioner acceded to the request, and
the case accordingly went over till Monday next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
COMMON PLeAS-SpECIAl TERM.
S1it Against the Wrong Railroad CONF
pany.

pany.
Before Judge j. 7, DAILY.
NJ. &. Minor vs.. The New York and New Haven
Railroad Company-This was an action to recover
$685. so, the alleged value OF trunk and its con
tents. In June. 1858 Francis Gleason who as.
signed the claim to the plantif, bought two tickets
I'm this city at the ONCE OF the defendants TO 90 10
Sheffield. Mass. separate tickets given one
by the defendants road to Bridgeport and the
other by the, HousatOnic road to sheneld. The
trunk destroyed by fire at the depot nj Bridge
port. The Court decided that the action could not
DE brought against the defendants, they having
performed their portion OF the contract.
Decisions.
in the Matter of the Application of Ernest Heber
Smith.-Namc changed
Brighams vs.. LeWls.--NoioD for new trial de-
MED. See opinion.
Celia Butter vs.. WIN. IL Butler--Decree OF divorce
granted 10 plaintin.
by Judge Loew.
In tie Matter OF The Assignment Made TO BRYAN.
Kinds end Bliss--Aoti0D denied, with leave To re-
new.
Macsay vs. Mackey-Memoran1um lor counsel
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
COURT or APPEALS.

ALBANY, May 2 1872.
Fhc following decisions were rendered In the
Court OF Appeals TODAY
psuughents affirmed with coss.-Durkee vs.
Borne. StraVer VS. POircr
q, it1 @ ltbeiscd and new trial granted Coses
10 ABIDE event.-Westfall Us. Gcre. WesifaIl va
preston, Hubhell VI. Van Schoeninr "
Judgment reduced by deducltnv 1hcref,o,n q A eea
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

as che date of the report OF the referee, and as
thus modified, the Judgment affirmed, with COSTS
Wallace va. Leary.
Order granting new trial affirmed and Judgment
absolute for defendant with costs, pursuant TO
OBSERVATION-DISCLOSURES Mansert
The Court of Appeals adjourned until the 2lst
day of Nav,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
BROOKLYN COURTS.
SUPREME CoURT-sPeClAL TERM.
Decision.


Moore vs.. Moore and Others.-rhis suit involved
an immense amount of requests to charitable and
other institutions 1t was argued several months
ago and fully reported in the HERALD at the time.
Judge Pratt yesterday decided that all the benef-
Charles mentioned in the will who have proved their
claims are entitled to legacies. The Southern Trust
Fund should pay costs, nc.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

During April Bernard Smyth, Tax Receiver has
collected $19314S 81 for taxes on city and county
account.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

Mary Clarity, aged 103 years, yesterday died at
her residence No. 8 Centre Market place, from a
shock to the system consequent on a fracture of
har oh
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

Mary Smith, aged fifty years. committed to tn
Tombs for vagrancy by Justice bowling, died yes
terday in her cell. The body was conveyed to tn
Morgue.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
TRoTTINa AND RUNNING IN CALIFORNIA

OAKLAND TRoTTING PARK, OAKLAND, CAL
SPRING MEETING-FOURTH DAY, April 25 lS72.-
Irotting. Purse of $50; mile heats, best three in
five, in harness.
Owner entered b. m TOpsey-
owner entered b. e. PostbOy. dis.
Time 2:55-2:51-2:53
SAME DAY-SECoND RACE.-Running. Purse OF
$50: half mile and repeat.
Owner entered Kate. Observation-Disclosures /
Owner entered Prince. ........................3 2
Owner entered Billy. ACKNOWLEDGEMENTS q dis
Time, 5434-55.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

Albert Van Saun, the alleged forgerer, was before
Judge Bowling at the Tombs Police Court again yes.
terday morning, but owing to the absence of i'm.
portant witnesses he was remanded until this morn
ing at ten O'Clock. Counsel for the prisoner urged
the Judge to take BAIL but was refused.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

BY Judge Sedgwick.
new YORK LATE Insurance Company vs. James Pur-
sell ct al-Order granted.
Holt vs. IIill.-Motion denied
EIsner VS.. Marks.-Motion granted
Murray vs. Marcus.-0rder granted
Jacobson VS.. Jacobson Motion granted
Dabney VS.. Greeley.-0rder granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
SUPERIOR C0URT-SpEClAl TERM.


N1""thHtIOh O1e PNTtIcs HefOrt TIM.
Before Judge william f. Curtis.
Elizabeth A. Corkey VS.. Frederick V. Hura. An
order OF reference granted in this case to take
the testimony Of the defendant, and motion made
to set aside the order. The motion made
the ground that the defendant being party to the
action Is not embodied within the terms of the
seventh subdivision OF section 401 OF the Code pro-
vldlng Tor the examination OF ANY person." The
Judge neld mat the words ANY person. referred to
parties other than the party 10 the action, and
therefore vacated the order for reference to take
the deiendants testimony
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04
NEW YORK CITY.

There were fifteen cases OF smallpox reported to
the Health Department on Thursday, with three
deaths.
Nine hundred new patients were treated at tho
New York Eye and Ear Infrmary during the month
n
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-04

In the case OF William Spingler, aged twenty -four
years, jewcller, who was over on the 18th ult
by car Of the Tenth Avenue Railroad, Coroner's
jury yesterday rendered verdict OF accidental
DEATH and recommended that measure be passed
by the Legislature compelling city railroad CON-
panes to put gates on the front platforms