davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1872-11-10

Alleged Violations OF the Revenue Law
Charge OF Selling Cigars and Liquors
Without . License.
Before Commissioner Shields.
The United States vs.. Charles Droerris.-The de-
fendant was held in $500 bail for examination ON a
charge OF selling, at OF Columbia street, cigars
in old boxes that had not been properly stamped.
The United states vs.. Emmanuel LaSSa.-The de-
fendant gave $500 bail for examination q charge
of selling liquor at 224 West Thirteth street with
out paying the special tax required by law.
Alleged Fraudulent Bankruptcy.
The United States VS.. Thomas Kiernan-The de-.
fendant was arrested in Jersey on warrant issued
by Commissioner Shields on charge OF having
committed acts Of fraudulent bankruptcy in the
Southern district OF New York. The Commissioner
held him In 81, 900 bail for examination.
Alleged Murder Upon the High Seas.
Before Commissioner Osborn.
Edward Richards, Of the British bark F. f.
Moore, is charged by the English Consul at Ber-
Moss on board that vessel by stabbing him with
knife. Richards it appears, Is on his way to this
port, and as soon as he arrives warrant which
has been issued by the Commissioner for his arrest
will be served upon him.
Charge Against Lawyer-ALeged
Fraud In the Collection OF Pension
Money.
The United States VS.. Frank w. Jones.-The de-
fendant is a lawyer at 119 Broadway He is already
charged with alleged fraud in the collection OF
further charge of Mrs. Margaret O'Shea, who
him of having defrauded her In the c0llec-
tion OF pension due to q deceased relative. The
examination was set down for Monday.
The New York herald., 1872-11-10
THE JUMEL WILL CASE.

The Case OF Bowen VS.. Chase-An AM
davit s,nted-A Special Jury to be
Empanelied.
Yesterday Judges Shipman and Benedict sat in
the United States Circuit Court to hear motion,
on the part OF the defendant In the case OF George
Washington Bowen VS.. Nelson Chase, to swear q
special jury to try the cause. Mr.. OConor and Mr..
Carter appeared as counsel for defendant and
General Chatfeld and Mr. Shafer for the plaintiff.
AN AFFIDAVIT IN THE CASE.
very long affidavit has been filed by Mr.. Gideon
J. Tucker the attorney OF the plaintiff, who goes
Cver many OF the statements wlich have been al
ready made in this cause and with which the pub
hc are familiar, owing to the frequency with which
the matter has been reported in the State and fed
eral Courts. Mr.. Tucker expresses his belief that
the plaintiff, George Washington Bowen, is the son
and the only child OF Eliza Bowen Jumel, and is her
sole heir and next OF kin, and as such
is entitled to inherit the property OF
Madame Jumel, now in the possession OF the de-
iendant MT Chase He goes into several other
particulars, and coming down to the question
whether there shall be struck jury or not says
that the material objection to special or 'sstruck"
jury is that the Identical panel oil twentyfou men,
out OF which twelve Jurymen Will have to be
drawn viii be known and designated consider
able time before the commencement OF the trial,
and that the defendant, through INSCRIPTIONS per-
sons, would not scruple to tamper with the panel
and defeat the object of having a special jury
Mr.. O'Conor, on the part OF the defendant, utterly
repudlated the idea that anything OF the nature
stated in the affidavit OF the plaintiffs attorney
would be done by the defendant in regard to the
Jury. All the defendant wanted was fair open
honest trial before an impartially selected jury.
Counsel further stated the law on the subject, and
said that, as the statements had been made on af-
davit by Mr.. Tucker that he believed corrupt at
tempts would be made by the defendant to innu-
ence the jury 1t was the desire OF the defendant to
have such jury struck would honestly and i'm
partially try the case.
General Chatfeld on the part OF the plaintiff. said
there was little difference between himself and Mr..
OConor as to the proprety or having special jury,
provided 1t would be selected at time as near as
possible to the day set down for the trial.
Mr.. O'Conor agreed to this suggestion.
The Court reserved its decision for few DAYS
upon the point whether they VIII order the jury to
be selected from the Clerks list OF jurors from
new list specially empanelled.
The New York herald., 1872-11-10
COURT or SPECIAL SESSIONS.

Before Judges Coulter, Cox and Hogan.
Over thirty cases stood on the docket yesterday
to be disposed of by the learned triumvirate who
constitute the Court.
The first was that OF John Watson, who was
charged by Jacob Kreamer with assault and battery
with intent to steal. Watson, it appeared, met
Jacob In East Fourteenth street, and attacked
him forthwith, his intention being to rob-
Jacob, however, proved impecunious, and
the irate Watson, naturally indignant, pro-
ceeded to strip him OF his boots, they being the only
article having marketable value In Jacobs pos
session minion OF the law put In an appearance
Just In time to the poor German from spolia-
ton and capture his assallant. Watson pleaded
guilty and received six months in the Penitentary
Michael and Daniel McInerny brothers, were
placed at the bar charged with assault and battery
on Officer James keenan,, of the Eleventh pre-
cinct The Mclnernys, while passing through East
Tenth street on election day. became involved In
political alteration and made noise enough to
attract the attention OF the officer, who was
patrolling the opposite side OF the street. He
endeavored TO put stop to the controversy,
and finding peaceful means nnavailing proceeded
to enforce his mandates by vigorous clubbing.
The brothers bore uDm5takabe evidence OF
rough usage on their persons while the officer
showed no Indications whatever OF violent treat
menG.
Ihe McInernYs we're consequently discharged.
The New York herald., 1872-11-10
JEFFERSON MARKET POLICE COURT.

Attempt to Dcfraud . Mortgage OF q
Chattcl Mortgage.
Henrietta Stephenson, residing In Spring street,
complained OF Mary Harrison for violation Of the
statute OF March g. 1871 for the protection OF mort
gagees OF personal property. The act provides for
the punishment of any mortgagor Of personal
property who shall hereafter with intent to de-
fraud mortgage or purchaser OF such property.
sell or otherwise dispose OF 1t while subject to q
mortgage or any instrument designed to operate
as such, giving q lien thereon. In the present
case the cOmplanant's counsel introduced an In
formal bill OF sale OF certain furniture, with the
erty should not be sold or removed without con-
sent OF seller. His Honor decided that the nstru-
ment was intended to operate as chattel
mortgage, and held defendant in the sum OF $500
to answer.
The New York herald., 1872-11-10
BROOKLYN COURTS.
SUPREME couaT-spEcIAL TERM.
A Divorce Suit.


Before Judge Tappen
Mrs. Margaret r. Nudge brought suit against her
husband Charles Nudge, for an absolute divorce,
on the ground Of adultery The case was sent to q
referee who yesterday reported In favor OF allow
ing the divorce as applied for. The report was
confirmed.
The couple were married in Brooklyn in July,
1865, and lived together until about eighteen
months ago. Mr.. Nudge moved to Chicago, where
he now lives. Mrs. Nudge resides In Brooklyn
Alleged Breach OF Agreement.
Before Judge Pratt.
Henry Harteau, in his suit against the Weed
Park Blue Stone Company, yesterday applied to
have an injunction, previously issued, made per-
OF their property until the further order Of the
Court.
Mr. Harteau alleges that ne advanced to the de-
fendant some months ago several thousand dollars
for the purpose of carrying on the mining and
line OF the Delaware and Hudson Canal,
and, as the collateral security for
the money advanced, he was to have the
quarres and also full control Of the proceeds Of all
sales effected A short time since the managers OF
the company Karl Hilmers and A. E. Godefroy,
ated the money to carry on the work for what
purposes they deemed proper, without the consent
OF Mr.. Harteau and in violation of the terms OF the
agreement
The defendant presented afrdavits denying that
Mr.. Harteau mad the entire control of the sales and
moneys derived therefrom, and stating further
that no advance had been made by Mr.. Harteau on
the stone sold by the defendant. 1t was claimed
that the proceeds Of the sales referred to went to
pay the laborers and feed the horses required to
carry on the work. and also that some forty labor
were now unpaid, and the feed required for the
horses could not be procured without cash. Deci-
sion reserved
The New York herald., 1872-11-10
CITY CoURT-spEClAL TERM.


before JuuSe NELSON.
In suit brought by John Mulligan against Jacob
Elias the latter was enjoned from operating his
chemical factory in Greenpoint on the ground that
1t was nuisance. Yesterday an application was
made to have Elias punished for contempt, he hav-
ing continued work Notwithstanding the injunc-
tion. Affidavts were presented showing this fact !;
but on the other hand, Elias submitted affidavits
setting forth that the factory was operated on an
entirely new system and no noxious vapors ema-
mated from it.
The Court took the papers and reserved decision.
Habitual Drunkard Not DisOrderly
Person.
Justice Elliott committed william Bach to the
Penitentiary for six months, for being disorderly
person. a habitual drunkard. Counsellor Thomp-
son yesterday asked for the prisoners discharge
on the grounds that the commitment was defec-
tive, that habitual drunkard was not dis
orderly person. and that the Justice had no power
to commit for six months for disorderly conduct
or habitual drunkenness.
Judge Nelson, holding that the commitment
was Irregular ordered the prisoners release.
The New York herald., 1872-11-10

the Clerk OF the Board as one OF It's messengers the
salary being fixed at 81, 200 year. He claims for
the Comptroller refusing to pay him, application
made before Judge Ingraham. at Supreme
Court, Chambers, for mandamus against the Comp
trOller requiring him to pay the amount. This ap-
plcation was granted by the Judge. and man
damus duly served upon the Comptroller. Upon
his refusal to comply with the mandamus, further
application was made, on an order TO show cause
CoMPTRoLLER's DIsoBEDIENCE OF PEREMToRY
OF mandamus, he should not be committed
to prison. The case came up yesterday before
Judge Fancher, at the Supreme Court, Chambers.
5 n snn@ on en o, serve M OF e
writ. He then went on to say that this was not
a case OF attachment for contempt under an order
a return, but was an application under the revised
statutes for an immediate commitment OF the
Comptroller for disobeying the mandate OF the
Court AS Tar as concerned the merits OF the case,
he contended that the whole question had already
been passed upon by Judge lngraham when ne
had granted the peremptory writ OF mandamus,
and could not now be reviewed In this proceeding.
THE COMPTROLLER's DEFENCE
On the part OF the Comptroller various counter
showing that he had no funds in his hands except
what had been appropriated for the payment OF
other officials in the employment OF the Board. He
asked that the Court should turn this peremptory
writ into an alternative mandamus, so
as to give It an opportunity to fully statss as
that the total appropriation for the Board OF
Supervisors for the present year was $3S,5oO, OF
which sum $3o, 900 was paid to the Supervisors,
ana Seos H the
naming sum OF $500 being all that was left to pay
the other employees OF the Board.
Mr.. Dukes said that his clerk was willing to take
the $500 II that was all there was eft
Mr.. Strahan said that this would be unjust to the
other employees, ana insisted the sum should be d.
vided pro rata among them.
After some argument the Court took the papers,
resGrving its decision.
The New York herald., 1872-11-10
SUPREME C0UaT-CHAMBERS.
Decisions.

BY Judge Ingraham
Hannah Maria Octava Wihelmina Tenelins vs..
John Tenens.-Report OF referee confirmed and
judgment OF divorce granted.
Israel I. Atwood vs.. Phoebe B. AtwOOd.-Same.
Tobias Kraus Margaret Kraus.-There is no
evidence Of adultery except the admission OF the
defendant. divorce cannot be granted on such
admission. There can be no difficulty in getting
the proper testimony. Case referred back.
The People ex rel. P. I. Seymour ct al. VS.. The
Board OF Apportionment-Motlon granted.
BY Judge Fancher.
Burson VS.. Dreyfuss ct al.-Judgment granted.
Brown vs. Turner ct al-M0tion to vacate judg-
ment denied, with $40 costs.
In re Ella Weh, otherwise called Marini Weisen-
bach-Writ dismissed and the child surrendered
to the custody OF the respondents.
BY Judge Brady.
Dwyer vs. Dwyer ct al.-Case settled
In the Matter Of the Baltic Fire Insurance Com
pany.-Same.
The New York herald., 1872-11-10
CONTEMPT OF COURT BY THE
COMPTROLLER.

Commitment Of Comptroller Green De-
manded for Alleged Disobedience Of
the Mandates or the Conrt-Argument
before Judge Fancher-Time Taken to
Consider the Matter.
There seems to be no end TO the difficulties
hanging themselves about Comptreller Green IN
his management Of the fiscal affairs OF the city, and
particularly that important branch referring to the
paying OF salaries. For months past he has been
the victim OF an almost incessant fusilade
OF mandamuses. Though the mandamuses
have been directed to the Board OF
Audit and Apportionment, asking the
auditing and allowing OF claims against the
City Treasury, on behalf OF Its numerous army OF
employees he is the party, after ALL against whom
the shots are In reality directed. Among the
numerous applicants for pay ior services rendered
to the city is Mr.. J. w. McGowan, son OF the Ser
geant at Arms OF the Board OF Supervisors. IL ap-
pears that tits youpG gentleman was appolnted ny
The New York herald., 1872-11-10
81 RRucAIE,s COURT.
Last Weeks Business.

Before Surrogate Veeder.
The following wills were admitted to probate dur
ing the past week :-Charissa Il. Howards OF Flat
bush; Harriet Hopkins. of New Lots; Maria Ogden,
Jacob Kmmer, Catherine A. Hessler, Thomas 8.
Batcher, Robert H0nner and Catherine Van Syckel,
all OF Brooklyn.
Letters OF administration were granted in the
estates OF Catherine Gilbert, James L. Phelps Mar
garet Schug, Sarah Preston, Michael Crawley and
James Van Nance, all OF Brooklyn.
Letters OF guardianship OF the persons OF Mary j.,
Alice NJ. and Annie Stephenson were granted to
Francis w. Stephenson; OF Nelly and Margaret
Green to G. w. A. Everett, OF Brooklyn.
The New York herald., 1872-11-10
their accuser entirely falling to substantlate his

their accuser entirely falling to substantlate his
allegations.
William Fleetwood was arraigned charged by
Sumner +. Jewett, OF the steamship Jacob Out
water lying at pier Al North River, with larceny
Fleetwood is an English Cockney OF the familiar
type, OF pOrty build and luxnrlant side whiskers,
and was accused OF stealing a pair OF pants and
two vests, besides other articles. In his defence
he claimed to have gone on board The boat with
the intention OF purchasing the clothing. He made
q very plausible statement and fought hard for his
freedom, but unfortunately could produce no wit
nesses in cOrrob0ratOn OF his story His attempted
defence completely broken, and Mr. Fleetwood
was consigned to the Penitentiary Tor six months.
The New York herald., 1872-11-10
THE ROSE M'CABE LUNACY CASE.

Continual tion OF the Examination ms to
Her Sanity-A Sister who Supports Her
and Yet Whom She Calls Her Greatest
Enemy-Diagnosis OF the Case by the
Physician In Chief OF Blackwell's
Island Lunntic Asylum.
The examination as to the sanity OF the alleged
lunatic nun Sister Mary OF stanisaus, otherwise
known as Rose McCabe, was continued yesterday
before Judge Ledgwick OF the Superior Court. AS
heretofore during the progress OF this examina-
ton there was large crowd In attendance, fully
One-half OF whom were ladies. Miss McCabe
dressed as usual in The babilimelts OF her order
occupied seat by the side OF John d. Townsend
her counsel. Mr.. Aaron vanderpoel appeared as
opposing counsel
STORY OF ROSE M'cABEs sIsTER.
The first witness called was Bridget McCabe, a
sister Of Rose Mccabe She testified that she was
. dressmaker and miliner. and earned $40 a
week; she had only one brother. a cartDan, With
out means.
Q. Did you send your sister Rose to the lunatic
asylumf A. No, sir.
z. Have you contributed towards her support2
A. Ihaye refused to give her money, because she
would not use 1t properly; she would either give 1t
away or buy foolish things; when in Auburn
Rose wrote to her that she was in debt for fur
niture; she paid for her honse there
$3.50 rent; when she came to New York
she twitness) engaged some rooms aud fitted them
mp In Thirty-nfth street. buying q stove, cooking
utensils and other articles; she would not take the
stove without pipe; she was taken sick and spoke
OF DR.. Mahon as one who would look out for her
and threatened If she did not treat her well some
one would take up her case for her; she fwitness)
told the Doctor to treat her and she lwitness)
would pay him; the Doctor told her afterwards
that Rose was
STRAY m HER MIND;
DR.. Lynch also called and sne (witness) paid him;
she charged witness with being in a conspiracy TO
send bar to the Lppatic Asylum; she said the
The New York herald., 1872-11-10
MARINE COURT.

Important to Bankrupts.
Philip K Tuska sued Ferdinand A. Bendikt for q
balance Of an old claim. Plaintiff claimed that q
new promise to pay the debt made by the defendant
before his discharge in bankruptcy revived 1t, and
prevented its extingushment DEFENDANTS counsel
claimed the suit If tcnable at ALL should have been
brought on the new promise. Judge Gross decided
in iavor OF the plaintiffs position and rendered
Judgment for the full amount claimed.
The New York herald., 1872-11-10

The ordinance Bureau last week received ffty-six
complaints of violations of Corporation ordinances
The New York herald., 1872-11-10

Fire Marshal McSpedon reports twenty-eight
fires for the past week. upon which the loss Is esti-
mated at $132 100 and the insurance at $3.50, l50.
The New York herald., 1872-11-10

Yesterday afternoon Henry Crock, fireman or
board the steamer G. w. Clyde, while working OF
the engine, had his hand very badly crushed HI
was taken to the Park Hospital.
The New York herald., 1872-11-10
BUSINESS IN THE OTHER COURTS.
UNITED STATES DISTRICT COURT.
Busine ess I'm Bankruptcy

Business in Bankruptcy.
VOLUNTARY PETITIONS.
Edward w. Smith and Henry Il. VOgel.
ADJUDICATIONS IN INVOLUNTARY CASES.
George II. JONES' Gertrude Fuchs James +. Berry,
Alexander Guthman and Julius Gerson.
DISCHARGE.
The New York herald., 1872-11-10

The imports at this port for the week ending
yesterday foot up $7,113,257.
The New York herald., 1872-11-10
NEW YORK CITY.
The police made 1902 arrests last week.

There were 5l3 DEATHS 419 births, AZ stillbirths
and 1876 marriages in the city last week.
The New York herald., 1872-11-10

The grand public inaugural OF Manhattan Market
the magnificent building at the foot of West
Thirty. fourth street, will take place on Monday
evening
Samuel Dian, resident OF Mott Haven, got into
o row with John James Carr last evening, at Hath
succeeded received cut On the forehead with
knife. On examination 1t proved to be not dan
gerous. The assaant was not arrested.
Clinton Stokes, aged twenty-six, brother OF
Edward s. Stokes, who killed James Fisk Jr. last
January, was reported to be dying yesterday. The
news, which is communicated to the prisoner
late III the afternoon, seemed to affect him greatly.
The brother member of the Young Mems
Christian Association and q member Of Dr. Armi-
tage's church.
Comptroller Green reports the receipt OF taxes
through the Bureau OF Receiver OF Taxes, Depart
ment of Finance, for seven days, from November
to November Q, 1872, to have been follows, viz
November g. so, ,410; November d. $40, ,161: Novem-
ber5 $4,eos; November Q, M si9s,s4s; November !,
At Stenway Hall, on tomorrow evening, Gen.
eral Judson Fitzpatrick will deliver his lecture
on 'The Duty Of the National Govern
Lands" The same he delivered in Boston
on Thursday evening last. The lecturer, who
has often amused and instructed New York
audiences, will discuss fully the responsibilities OF
the government to its citizens, and will largely
comment upon international law governing the
rights Of citizens.
Commissioner Van Mort, Of the Department Of
Public Works, reports that South Fifth avenue, from
Canal street to Fourth street. at Washington square,
is opened to public travel, the paving OF the
roadway with the Broadway pavement having
been completed. Church street, from Fulton to
Morris street. is being similarly paved and
will be completed during the present month. The
Commissioner Is considering the expediency OF i'm
proving the roadway OF College place and West
broadway, thus connecting Church street with
South Fifth avenue and forming continuous thor
oughfare west OF Broadway rom the Battery to
WASHINGTON SQUARE.
The New York herald., 1872-11-10

Marshal Hart granted 264 licenses since last
report, and received $3.50 75.
The New York herald., 1872-11-10

The grand public inaugural Of Manhattan Market,
the magnificent building at the foot OF West
Thirty. fourth street, will take place on Monday
au
The New York herald., 1872-11-10
UNITED STATES COMMISSIONERS COURT.

william Krohne.
Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1872-08-08
City Items.

On last Thursday, ne*r this place, q
very shocking affair occurred, of which
David Pugh was the unfortunate victim.
The circumstances surrounding the case
as far as can be gathered, seem t be
about as follows: On Thursday, August
the LIST. about nine o'clock in the morn
ing, Mr.. Pugh took his gun, IAN old army
musket) and walked out in his corn-field
for the purpose of shooting some squirrels
or birds which had infested his field for
some time. After going about one
hundred yards form his house he got up
on an old stump which stood in his field,
for the purpose, it is thought, of looking
around more accurately, and in eEdeavor-
ing to place his gun upon the stump, the
breech missed its object, passing Oh down
until the hammer of the lock struck near
his f ct, the muZZle 1t that time being
near the abdomen just ut this juiicture
the gun fired throwing the contents in
the direction of the region of the heart,
which consisted of almost a handful OF
turkey shot. He dropped his gun Ie-
marking 10 a little boy who was with him
II have killed myself" and started in
run toward the house. lie RAN about
thirty yards and fell OH his lace. lIis
wife heard the re port and started i'll that
direction. Her frantic cries b. ought Two
or three men to the sccne, who carried
him to the house. DIR. MOngle was sum
moned immediately, but he had been
dead sometime be fore the Doctor arriv'
ed. It is thought, hOwsver,th he did no
breathe after he was taken TO his house
Mr. Pugh was - young maii-about q
years of age. His sudden and violent
death is greatly regretted by all those
who knew him.
MIR. William L. Range was thrown from
his horse on Saturday the Sd inst, ant
had his left arm very badly broken Bu'
having medical assistance at once, thu
bone was set, and is now doing exceed
ingly well. Both bones were broken JUS
above the wrist.
Corn is suffering somewhat for thu
want of rain. ..