davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-15
COURT CAlEN0ARS-TAIS DAY.

SUPREME COURT-CIRCUIT@Par Held by Judge
Van Brunt.-Nos. 500, 1O63H, 2711, 2733, 2053 2429
$685. 3579 1885, 362l 363 362D, $685. 3641 3645 1867
$685. $685. 3691 37O9 37l5 372l $780, 3767 $780, 3771
1928. Part 2-held by Judge Barrett.-Nos. 1886 W
$780, 3150, 3572, 374S, 369S, 5000, 1854, 694 3736
3934h, 3940, 262H, 1861, 15485a, $780, 2702 1862
1894, $685., 3220, 1888, 3434, 3464 1884.
SUPREME COURT-GENERAL TERM-Held by Judges
Ingraham, Leonard and Brady.-NOs. 4S, IL, 35,
SO, 81, 49, 80, 40 Al, AZ, 49, A. SO, 105, 106, 107,
l. $50, 1874, 1856, 1876, 1877, 1873, 139, 140.
SUPREME COURT-CHAMBERS-Held by Judge Fan
cher.-Nos 22, 65, a. 49, 49, H. 49, 80 49, S7 SS, 97,
9S l04 13O, l42 147 1885, 1885, 157 l68 160 1856, 1902,
1874, 1877, 1885, 2O8, 80, PA, 21S. Call 223.
SUPERIOR COuRT-TRIAL TERM-Part Held by
Judge Curtis-NOs. 2009, 2007, 1864, 1885, 2087 237
2100 2170 1925 1885, 210l 2225, 219 2223 22O7 2220
COURT OF COMMON PLEAS-TRIAL TERM-Part T.
Held by Judge LOew.-Casc on Part Held by
Judge Larremore.-Case on.
COURT OF COMMON PLEAs-EQUITY TERM-Held by
Judge Robinson.-Nos. 60, 81, Al, 6S 46, Al, 67 90,
SO, 49, -, :
MARINE CoURT-TRIAL TERM-Held by Judge Cur
tis.-Nos. 79l, 553, 051, $50, 1897 ISL 7S7, 1885,
1887, 1885, 109l 1893, 1896, 1897 10O9 Part Held
by Judge Spaulding.-NOs. 678, 692, 776, $50, 666,
442 58S, 760, 832, 644, $685. 696 1906 1882. Part g.
Held by Judge J0achimsen.-Nos al, 397, 1856, 475,
$685. 500, 1885, 800, S97, 800, 900, 901 902, 903 904
COURT OF GENERAL SESsIONs-Held by Judge
Bedford.-R0bbery, Alfred Hamin. william Ryan /;
burglary, William Davis James 3. Sweede; for
gerry, Max L0ewenthal, Henry Cole; felonious as
sanlt and battery, James Farrell, Thomas Farrell
bfgamy, Jasper Van Ripper; grand larceny, Alvin
Norm, Joseph Brant, William s. Brown; petit lar
ceny, David Freidenbnr two cases).
The New York herald., 1872-11-15
COURT OF SPECIAL SESSIONS.

Before Judges Coulter Cox and Shandley.
Some forty cases were on the calendar yesterday
msrning.
The first case was that OF Hannah Stewart
against Charles Stewart, her husband, whom she
charged with brutal treatment When Mrs. Stewards
name was called, pale, sickly woman, clad in a
shabby alpaca dress, with green plaid shawl en-
veloping her shoulders, appeared leading three
children, the eldest not five years OF age, her eyes
badly cut and dsngured, and her visage otherwise
discolored. As she stepped on the witness stand
she said :-"Judge, don't wish to go any further,
because he has been the only support OF myself
and the children"
Judge Cox-Is this the FIRST time he has beaten
your
Mrs. Stewart-No sir he has beaten me before !;
but this time don't think he knew what he was
doing He was crazy with drink. Three men
brought him from the Bowery, and when they
went out he commenced to abuse me.
Judge Cox-What did he hit you with 7
Mrs. Stewart-Only with his fists sir.
Counsellor Hummel here interposed, stating
that the prisoner was the only support OF hs IAN am
mestc difficulties.
The prisoner, man OF powerful build, with red
be heard in his own defence. Being sworn, he
id:-'This is going on long time ] was arrested
int e q has On e %
ting drunk, and many Is the time had to get the
supper for myself and the children. This last time
II was the same old story, and was provoked BY
her.O
stewards plea was accepted in mitigation, and
he received one month in the Penitentiary.
william Crawford, medium sized man, OF light
complexion and apparently honest propensities,
was placed at the bar, accused by one Barbara
Mtschat with stealing S. from her. Barbara's
statement was rather confused. She stated that
she had met Crawford and given him genuine So
bill, In exchange for which she received counter
felt note or the same denomination. This mode OF
presenting the case rather puzzled the magfStcrla
trio, and they accordingly endeavored to eucidate
the mattar.
The New York herald., 1872-11-15
SEIZURE OF wHIsKEY.

In the United States District Court yesterday,
before Judge Blatchford and jury, the OF the
United states VS.. About Two Thousand Dollars
Worth Of Property, seized at 1853 Chambers street.
In the wholesale liquor store and rectifying dis.
tiilery OF NJ NJ. Decker, was heard. The facts are
these:-In the month of May last gauger named
Bernard Bigglan went to the store OF Mr. Decker to
found some kegs and barrels upon which the recti-
flying stamps had not been obliterated. The PACK.
ages were empty, and the witness believed the
bungs were out OF the whole OF them When
witness arrived at the store he found
men there who informed him that they had Just
nlled keg with spirits, and witness, upon turn
Ing 1t over found what he call ed an old rectfying
stamp upon 1t not obliterated. He further tcsti-
fed that the defendant admitted to him that 1t
was his Intention to have the stamps destroyed,
and thatif there was any blame in the matter at
all u was owing to the neglect OF his employees to
destroy the stamps: The morning the gauger
went to the store he received card from Mr..
Decker, asking MIN to come up to gauge some
spirits.
The witness was crosse xamined by Mr. Wood,
on the part OF the defendant and created a very
perceptible smile In Court by admitting In reply
10 Quesuon tnat ne he had been recently elected
member OF the Legislature.
Evidence for the defence was then offered to
show that some or the barrels upon which the
stamps nad not been obliterated had been de-
hvereu NJ tne STORE rom up the river and that the
contents 1.-TWO barrels had been emptied into a
standing cask Just before the gauger came. They
were expecting his visit at the time for he mad
been notified 10 come. Mr.. Decker the Claimant
was then examined, and his statement was 40 con,
elusive that
NO WRONG WHATEVER
was intended to the government that, with the
The New York herald., 1872-11-15
PUNIsHING THE COMPTROLLER FOR
CONTEMPT.

After the Chief Of Our Finance Bureau u
with q Sharp Stick-Two Motions to
Punish Him for Contempt In Disobey-
Ing the Ma ndatcs OF the Court-Decfsion
Upon One Motion in Allegiance and the
other To he Heard To-day.
There seems to be an effort not to say a positive
determination, in certain circles to prove con.
temptuous disregard by the Comptroller Of the
mandates OF the Supreme Court Judges, and this
fact proven to punish him accordingly A few
days since Judge Fancher, holding Supreme Court,
Chambers, was natly and explicitly asked to COM
init him to prison for alleged failure to comply
with peremptory mandamus OF the Court direct.
ing him to pay the salary OF messenger OF the
Board Of Supervisors Before the Judge has had
sufcient time to arrive at a decision upon this ap-
plication he Is importuned from another source to
place
THE COMPTROLLER IN CONTEMPT.
The latter application came about in this wise.
Several weeks ago, as VIII be remembered, q mo-
ton was made in this Court on behalf OF Commits
sioner Van Mort, OF the Department OF Public
Works, for percmptory mandamus requiring the
Comptroller to deposit In the Chemical National
Bank money to the credit OF the Department or
Public Works. to he used for the payment Of work.
The New York herald., 1872-11-15

given cannot be deemed to preclude this demand
OF tne balance claimed. Thomas J. Durant Tor
appenant, Z. H. Hill for government.
NO. %l. Martin ct al. va. The United States-Ap-
peal rom the court Of Clams-This was claim
for balance due for the services OF the steamer
Sylvan Shore on an agreement for 5000 per day.
She was paid at this rate for several months when
the department reduced the amount to 500 per
day. The claimants protested and constantly de-
manded the original amount but stn consen ted 20
claimed by the government continued the vessel
in the service. Upon these facts the Court below
held the claimants to have cOnsene ed to the reduc-
tion and, in eject to have rechartered the vessel
at 500 per day. The Judgment was for the govern
ment The appeal claims that the vessel was de-
mandcd OF the government when the price was re-
duced and that the department refused to dis
charge her. The receipt, 10 Is said, does not
change the legal aspect OF the case II the Court is
satisfied that there was refusal to discharge the
for appellants; @. II. Hill for The government.
No. 232 Seavy ct al. vs.. The United states-Ap-
peal from the Court of Claims.-This was a case
similar to those above. The claimants chartered
the steamer Mattano to the United States, and
while lying at Port Royal in 1868, she was ordered
out TO make room for another In going out she
struck an anchor sunk in the harD0r and was sunk
Ihe claimants having assumed the usual marine
OF that character and that the government was
not liaDe. IL Is here claimed that as the risk was
one which the officers OF the government COM
PEELED the captain OF the steamer to run, the gov
ernment should be made responsible Tor the loss.
IL Is also urged that the government was To insure
against extraordinary risks, and that this was
such Thomas j. Durant and Chipman Il HOsmer
Tor claimants; Z. II. Hill for government.
The New York herald., 1872-11-15
sMUGaLED SILVER LEAF.

The next case tried before His Honor was that OF
the United States vs. One Horse Wagon and Har-
ness The facts brieny stated, are as follows:-
About the 10th OF July last Ocer OF the customs
named George Sherman saw horse and wagon
being driven in Eldridge street by an expressman
named Charles Reibold. He got upon the wagon,
and seeing basket in it, asked him, 'What Is ths9
The expressman replied, at is washn soiled
clothes). witness replied, mo, 1t Is silver leafn
There were 200 packages OF the silver leaf in the
basket. He seized the horse and wagon
ana the goods. and made Q report OF the
matter to the Custom House authorities.
Reib0ld told him that he got the silver
leaf from woman in H0boken who washes for the
German steamers, ana witness tSherman) thinks
ReibOld told him he thought the silver leaf came
from the German steamer Bremen. RebOld
wanted witness to permit him to deliver the goods
at 1855 Eldridge street, but as that was Q private
house he declined to accede to the request as II
the goods were put in there he should be under the
necessity OF getting out search warrant to seize
them. The case, however, would have been differ
ent had the goods been put in a store. The silver
leaf was subsequently cOnfscated no owner ap-
pearing for 1t and the suit was now instituted for
the condemnation the horse and wagon, on the
ground that their owner had, as alleged been
knowingly engaged in the conveyance OF snug
gled goods. There was verdict for the claimant
keibOld
The New York herald., 1872-11-15

Judge Cox cooking at the witness for some
tme)-Have you not been In the Insane Asylum
Wltness-Yez, zuf; have been dere; hev peen
to Wards Island, to Backwell's Island, to Castle
Garten pack again and all over.
Crawford now interposed. "Judge would like
to have something to say In this arair"
Judge COx-Wcl, then, speak out What have
you to say p
Crawford Saturday night, was standing at the
corner OF Bayard street and Bowery, talking to
some friends when this 'ere gal came up and
knocked against us; says, "Where are you geing
stsS" she says, II don't know where am going /;
I've got no h0me no friends and no place TO go
to;o had a room, and, feeling sorry for her
brought her along out OF pure charity; gev her
supper and her meals all next day-Sunday
Barbara lnterrupting) gf me nordings dot
! dond bay for; gif fourteen cents for my break
last dot morning. and he gil me back q bad So bill.
Crawiord-YOur Honor, that woman Ia as crazy
as bed bug; nve minutes alter | saw her was
sorry had nything to do with her.
Judge Cox consulted with his colleagues and
Crawford was remandcd to enable him to furnish
proof OF good character.
A wretched-looking creature named Mary Smith,
frightfully disigured, charged one George McKier
nan with assault ana battery. According to the
testimony OF the offlcer who arrested the prisOner
the latter, having first endeav0red to take inde-
cent liberties with her. in the neighborhOod OF ave-
nue. and Twcnty.second street. finally knocked
her down and maltrcated her IN the most brutal
manner.
Judge Coulter sentenced the brute to one year in
the Penitentiary and $3.50 fine, to stand commit
ted until paid
The New York herald., 1872-11-15
UNITED STATES SUPREME COURT.
Appeals from the Court OF Claims
Steamers Chartered by the Government
During the War.

Appeals from the Court OF Claims
Steamers Chartered by the Governme ent
During the War.
WASHINGTON, Nov. IA, 1872.
No. 22S New Bedford and New York Steam Pro
peller Company VS.. United States-Appeal from
the Court of Claims.-This was a demand for a
balance due under charter party with the United
States and Tor the loss of the steamer Thorn while
in the employ OF the United States The vessel was
agreed that II the vessel should remain in the
service so long that the money paid on
the charter (atter deducting actual cost of
running and repair and net profit OF thirty three
per cent on the appraised va!ue) should be equal in
value to the estimated value OF the vessel, then 1t
shall become the property OF the government with
out further payment, except such sum as was
due Oh account OF the service Of the vessel Eleven
months after the company put in q claim for the
party. The department, however, disalowed the
account rendered, and iOund to be due, under the
agreement for the vessel, only $2s,eo2 80, which
sum was paid and receipted for by the company
The Court below held that whether the govern
ment elected to purchase and did purchase the yes
sci, or whether the vessel lost by the peril Of
the sea-against which the government was to in
sure-thc accruing clause OF the charter party
was equally applicable. 1t was only the balance
due on the price OF the vessel, under the agree
ment, and not the valuation, the company could
claim The appeal claims that unless the earnings
ton to purchase. and the government were not
therefore entitled under the clause. G. II. Hill, for
government; Chipman Durant Peck, for claim
ant.
No. 229. Clyde VS.. United States-Appeal from
the Court OF Claims.-This was claim for services
OF two steamers chartered to the government, one
at the rate OF $500 and the other AZ $3.50 per day.
Subsequently the Quartermaster General issued or.
ders reducing the rate for the former to S175 and
the latter to 5000 per day, and upon closing the
account the department paid that sum, which
was received by claimant and o receipt given In
full for the account. The Court OF Claims held that
this settlement BY receipt in full, accompanied by
the acceptance OF the amount declared to be due
by the department, must be considered q bar to
the action. The appeal claims that the steamers
were demanded Of the government Immediately
upon notice OF reduction OF pay, and that the
department retained them against the will OF the
owners, and that. Tor this reason, the claimant is
entitled to the full amount as originally hxed. In
view OF this TACT II In contended that the receipt
The New York herald., 1872-11-15

men on the Boulevard and other uptown streets.
This Was asked to be done in pursuance OF the
act Of the last Legislature transferring
town city improvements nom the Department Of
Parks to the Department OF Public Works an act
the Comptroller claims to be unconstitutional.
hearing the argument OF Mr.. Henry II. Anderson
in behalf OF Commissioner Van Mort and the reply OF
Mr.. Strahan on behalf OF the Comptroller, granted
the application and then declared the act to be
constitutional. The mandamus was served, ac-
cording TO the statement Of Mr. Anderson,
promptly on the Comptroller, but the latter took
no steps to comply with its requirements, or, as
Mr. Anderson puts IL, paid no more attention to It
than to so much waste paper. motion was ac-
cOrdingly made to
PUNISH THE COMPTROLLER FOR CONTEMPT,
and this was set down to be heard yesterday.
Mr. Strahan claimed that the whole matter ought
to be taken up de fl0UO, inasmuch as the counsel
previously presenting the case on the COmptrollers
behalf failed to call the attention OF the Court to
statute which by implication repeals the act in
question, and under which the moneys have been
ordered TO be given up by the Comptroller TO the
Department OF Public Works, or which amounts to
the same thing placed to its credit In bank.
Mr.. Anderson insisted that the Comptrollers
action was the plainest possible case OF contempt
OF Court, and that such reckless disobedience OF
the mandates OF the Court should be promptly and
Judge fancher suggested that Judge Leonard
would be the more proper person to hear the mo-
Mr.. Strahan-I object to Judge Leonard for va
rious reasons do not care TO mention.
Mr.. Anderson have no choice OF Judges, but
want TO hear the counsePs reasons for Objecting
to Judge Leonard.
There was some further firing between
COUNSEL although the reasons did not come out
1t was finally arranged to hear the motion to-day
and also another motion for o mandamus to COM
pei Commissioner Van Mort to send to the Comp.
trOer the certificate or claims on account OF which
the money asked for is to be paid or in other
words, the payroll Of the Boulevard and other
labOrerS,
The New York herald., 1872-11-15
COURT or GENERAL SESSIONS.
Bold Young Pickpockct Sent to the
State Prison.

Bold Young Ptckpockct Sent to the
State Prison.
Before Judge Bedford.
In this Court yesterday John Hanley, q young
man, who was indicted for snatching p0cketbook
containing $2S, from Mrs. M. II. Brush on the 7th
OF October while walking through Madison avenue,
pleaded guilty to an attempt at petty larceny from
the person.
A Youthful Burglar.
David Martin pleaded guilty to an attempt at
burglary in the third degree, he having burglar
iously entered the grocery store Of Hugh O'Brien,
4S2 Ninth avenue, on the 23d Of October. The pris-
Gne was ar. any was
Prison for two years and SIX months.
An Aged Man Convicted OF Forgery.
Charles A. Miller, an aged man. was tried and
convicted Of forgery in the third degree The facts
proven by the prosecution were that on the 18TH
of October he purchased bill Of groceries from the
firm OF Pool, Nazro Kimball amounting to $652,
stating that he was member OF the firm OF Wright
q Wilson, Wilbraham; that on the following day
the prisoner called and presented check on the
Mso 70 s fss
goods, receiving q check from Mr.. kimball for the
balance; that shortly after he left the firm sus-
pected that something was wrong, and succeeded
In stopping payment OF the check at the bank as
the accused was about presenting 1t. He was ar
Fellows called the cashier Of the Agawam Bank or
Springfield, Mass, who pronounced the $775 check
forgery.
Mr. William F. Kintzin0, the counsel for the ac-
cused, presented question OF law, claiming that
the indictment was defective In that Ii failed to set
out the endorsement on the check. Judge Bedford
overruled the point, to which Mr.. Knitting ex-
cepted.
The jury rendered verdict OF guilty. but, at the
counsels request, the prisoner was remanded till
Monday, when he will present authorities to sus-
tain his point on motion for new trial.
Chinese Conspirscy-The COnspira tors
Discharged.
A.
the case Of Me-Heng and Lo-o-o-o, which was q
charge Of conspiracy to ncite another to commit
larceny. The parties were Cinnamon, and it seemed
that the complainant John A. Laoom, left New
York for Havana, having 800, and that the de-
PENDANTS apprized some Of their countrymen by
letter that he was going, and to rob him upon HIS
arrival. They succeeded in doing so, and Laoom
returned to New York to prosecute the conspira-
tors. The prosecuting o1icer was satisfied that he
could not convict the defendants, he being unable
to prove an overt act.
Judge Bedford discharged them.
The New York herald., 1872-11-15
A WIFE ACCIDENTALLY POISONED.
A singular Case.


For year or two past Mrs. Catharine G. Boden,
late OF ~ Orchard street, has suffered intensely
from rheumatism, and few days ago Mrs. Bray, a
friend, recommended q decoction of cochicum
seeds. The prescription was accordingly filed by
Mr.. Boden. the husband, and on Saturday last his
wife took the first dose OF colchcum in some gn
EXCESSIVE vomiting and purging followed, but
partially recovering. another dose OF the poison
was swallowed by Mrs: Boden on Monday. She
grew rapidly worse, when DR.. Hustled, OF East
broadway, was called In and administered anti
dotes, but without enecting any permanent relief
and death ensued on Wednesday,.
Deputy Coroner Joseph Cushlnan, M. d., Yesterday
made postmortem examination on the body and
found intense Inflammation OF the stomach, the
result OF the poison, which WAS the OF death.
The husband of deceased Is in great distress at
the occurrence but no blame seems to attach to
the matter was postponed til Saturday when It
will be thoroughly Investigated before Coroner
Schirmer. Deceased was about forty years OF age
and native OF Ireland 1t mas not yet been
learned from whom the poison was procured.
The New York herald., 1872-11-15
CITY CouRT-speClAL TERM.

District Attorney Britton's Libel Suits.
Before Judge Thompson.
District Attorney Britton has instituted three
actions against Henry A. Richard, the proprietor of
a local sheet, for alleged libel, and bail has been
fixed at $4,000 Yesterday defendants counsel
moved for reduction of bail in the second suit A
similar motion in the first suit was denied by Judge
Nelson. Defendants counsel yesterday said that
the articles complained OF were such that at any
time except during a political canvass would not
be noticed by any public Officer.
Counsel for Mr.. Britton said they could not
search the English language and find a more in
famous libel The subsequent libeis were an ag-
gravalion Of the offence, and the Court should be
strict in fixing bail.
During the discussion, 1t being charged that
Richard was q fugitive from justice, his counsel
stated that he (Ricnard) had been engaged for
some time past In an important civil suit in New
York, and could be found there. An affidavit to
that effect Will be presented to the Court and In
the meantime the decision Is reserved.
The New York herald., 1872-11-15
FIRE IN WASHINGTON STREET.

Shortly before ten O'Clock last night fire broke
out the third floor Of the three story brick build
ing No. 317 washington street, that caused dam
age OF about $4,000 The house was occupied by
George Brain h Sons, coffee rOasters, who were in
sured. The goods in the basement which was 0c-
were damaged to the extent of 81 600 by
water. Insured in the A1tna of Hartford,
and Mechanics and Traders Insurance
Companies for $4,000. The flames extended
to the roof OF No. 3l5 III the street and caused
considerable damage. The building il the property
OF j. Rugeman. The second and third floors OF
the last house was injured by water. Fire Marshal
McSpedon will hold an investigation into the cause
Of the conhagration to-day.
The New York herald., 1872-11-15
ToMBS POLICE COURT.
Alderman CONAN ON the BEN.

Alderman Conan on the Bench.
Alderman Conan was acting magistrate yester-
day at the TomDs Police Court in the absence OF
Justice Bowling.
Robert Sherrard, Jr., and Amzi Dodd, President
and manager OF the New York Transfer Company,
preferred charge against one Edward valen tine,
employed by them as receiving clerk at pier 80
North River, OF embezzlement to the amount OF
$l3 "A. Thomas +. TOe, driver, swOre that he
had collected that amount as freight on the 5th Of
November last and paid 1t over to the prisoner
who had failed to account for 1t to the company.
Valentine was held for examination.
Thomas Madden, native of Maine and a waiter
by occupation, walked into the Astor House billiard
reom yesterday, and in the OF his promenade
espled an overcoat OF the value OF $40, which took
his fancy, and which he accordingly appropriated
Jesse Smith, an attache of the house, detected him
IN the act and procured his arrest. He was held in
$1,000 to answer,