davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-12-16
MARINE CouRT-pART 3.
Important Insurance Case
Before Judge J Joachimsen.

Before Judge Joachimsen
Samuel Rubin The Brewers Maltsters Insurance
Company-Ths action has been trial for three days
In this Court The plaintiff kept small store of fancy
goods, genucmcns furnishing goods and pedlers sup
plies at No "a East Broadway, and burned out in
January last The policy in suit OF 81 600
each In four different companies The Court charging
the jury said hatthe defendants represented Legitimate
body Of men, engaging in pursuit extremely useful
to the public and that insurance companies were en-
titled to as impartial consideration Of their defence as
m individual; that because one company may be dis
honest II does not follow that another is The Court
then said The plaintiff into Court with paper
insuring him in defendants company for $1,000 subject
to prior insurance OF 5000 Upon his proofs he shows
that there prior insurance OF s. 000 and the
conditions OF the contract appears that insurance
amea that this ws sy ae ns b@ GG IN.
Court has no power TO correct mistakes In contracts and
;ss STsi Ssy; but parties 70 sonsraes may 'hs IN
eVe change nan mere ere e9nddon Sdaon and
Willing s n The IsHsg'sh sheu1S
IN he ss'ns s.s s'as and
mhSe m s entitled 70 con-
semnity the intent in the establishment insurance
cr sale % Of sns eoeds se ~
in a. a shs SedOes
have policy soa o sa %ss a % Wen 70 e faro bank
. .uS SVSna Samsss 70 shSy % ss' ss in point q
sented true account TO the companies before he can re-
The plaintiff claims ta, he lost goods to the amonp, ~
5000 and that other goods were damaged TO the amonnt
these goods pains oath, Tor he has moi brosuS, ~
ne men from whom he bought them. He Increased ks
insurance to $4,000 and his stock worth thai
sum of money There Is no controversy about porton
there is confoyersy be begins with 8 Dozens aS'ei Of
one thing and ends with large quantity OF this and
large quantity OF that Now there Is axiom OF
law, that fraud deals in generaties, and you have
right TO infer from the mere generality OF the description
unsubstantiated by evidence, that fraud might be
contemplated Then the evidence is that the Are was
exungushed by single hose in five minutes IL the loss
did not take place plaintiff cannot claim indemnity
what he never lost; and If think there was fraud,
then under the policy he receive nothing But
are not to presume fraud unless II actually proven
there may be false statements and yet fraud II
conclude there was fraud, then you will consider
nst ne actual damages were The appraisers for the
companies hx the loss the stock was found at
o % and plantins appraiser at S6s5 6 Ifyou believe
tncre any honesty In this you will
ngnrecs gc a. the basis oneoyrth Of which the plantf
would De entitled TO and II you find evidence
that there other goods there You act upon it
but plaintiff has been guilty Of swearing
entitled recover. - - 20 '-os
The jury had not returned into up 10 the adjourn
The New York herald., 1873-12-16
TOnBs POLICE COURT.
The sclf-Providcncc Of q Smart Bar
tender.
Before Judge Bixby

tender
Before Judge Bixby.
James Nolan, proprietor OF the Woodbine saloon Thr.
teenth and Sixth avenue about year and half
ago engaged a young man bartender named John
Lynch. Lynch came well recommended and seemed to
be painstakng and valuable man, and in a short time
his employer gave him full charge of his business He
cepts, had charge OF the key OF the safe, &c. About
month ago Mr. Nolan was given cause to suspect that
and several times he counted the money in the drawer
and placed slips with the amount inscribed inside the
night he found that they did not correspond but
a general thing, $40 or SIS short He then placed
and Bowen, and they Swallowed Lynch for some time.
They discovered that he in the habit of regu-
and also Of rsdeemng gold Watches aed oher
from pawn shop at No lss Bowery. TWAS also dis
covered that young Lynch had in the early OF last
81 500 which money deposited il thought in his
sisters name in two different banks, On Sunday last
his person found $s3 and, obtaining a search
rant they also broke open his trunk. There they
other articles OF jewelry They also iound two bank
booksone the Beecker Street Savings Bank in which
Bank IN which was siG On ali these things Being dis
covered, Lynch made a confession of his guilt and
was deposited The detectives made ur.
ther search of Lynchs sisters house yesterday
that he has been robbed Of $4,000 rate OF SIS
day Judge Bixby held Lynch for examination ul to-
"Going For'' q Detective.
An urchn named Francis Reed, about IA years Of age
VINO says he is newsboy caught yesterday in Mas
sau street, by Detective Philip Farley the Central
Once in the act Of picking the detectives panta
looms pocket in which there nothing but bunch Of
lar and brought him before Judge Bixby the Tombs
Reed was committed In default of 81 o0 ball. to answer
The New York herald., 1873-12-16

against SoAn Grady. charging him with felony. The
evidence for the prosecution was that Sergeant
Croker. on the l6tn OF March, about nve o'clock
In the morning. the prisoner ana another man
standing at the corner Of Jane street and Eighth
avenue Perceying large black bag in the prisoners
s hand he asked him That In It whsreIpon GTady
Una ana other
tried and eonvicted IN Connecticut With Tour other men,
sre in @ wRS
ns and By the Of the sSs
the Trial Which HIS Honor IssS
guilty, and the prisoner remandec tor sentence
Assauiting an Omccr.
James Harris tried and convicted Of an assault
with dangerous weapon the evidence being that he cut
had every indication Of being demenicd and respon
sioie the Recorder caused him e BE- re,
might make the necessary examination
Youthful Pickpockcts Sent to tho House
OF Refuge.
william Gray and Daniel Murphy. youths,
victed stealing dollars the person of Michael
Foley at Fulton Market on the 9TH OF November.
James Boine, another boy, was tried and found guilty
pocket Of Joseph G. Perry on the i'm Of November while
he standing at the HERALD Building.
These Oliver Twists were sent to the House Of Refuge
Grand Larccnies.
Dennis Leary pleaded guilty to attempt at grand
larceny In the night tme the allegation being that
The 9th instant he stole silver watch worth s2s. from
mcnt in the State Prison ''''''
Patrick Lee, who the 4h Of this month stole So 50
from the person OF Albert Dumcke pleaded guilty TO an
attempt.
Daniel Matzenbacher, indicted for stealing S5s worth
OF ewelry the property Of Amelia swint pleaded guilty
to an attempt at larceny.
Lee and this were each sent TO the State Prison
for two years ana six months
Mayhem-A Man Acquitted for Putting
. Mans Eye Out.
Arthur Barlow tried upon a charge of mayhem
From the evidence adduced the part of the people it
appeared that the 8th of July, 1871 Thomas Brown,
the complainant in the oyster and liquor saloon Of
J. II. Rosen corner Eighth and Thirty second
street. and fell asleep; that Barlow, the barkee
threw half . paillull Of water upon him, which re-
suited in quarrel, and that during the en-
counter Barlow kicked him in the eye, knocking
IT out. The painful fact appeared that Brown
had lost the sight Of the other eye for years and
sight to be unable to distinguish objects Barlow tes
ned in MS own behalf and said that he did not intend to
commit the offence. Two witnesses, his former employ
gave him good character for peace and quetness
The jury absent half hour and rende red
dict OF not guilty This astonished Court
prosecuting cer counsel and prisoner for the evidence
clearly established the offence OF assault and battery II
Barlow had been convicted he could have been sent
the State Prison for the term of his natural lie.
The New York herald., 1873-12-16
UNITED STATES CIRCUIT COURT.
Tho Dental Rubber Cascs-A Novel Law
Suit.

The Goodyear Dental vulcanite Company, owners Of
the patent for hard rubber plates for artificial teeth
have just instituted suit in the United States Circuit
Court this city, against Samuel White of Philadel
phia, laying their damages at 100000, the alleged
snence complained of being what is known in law as
'maintenance,n which is defined in the books Inter
meddng in a suit that way belongs to by main
tanning or assisting either party with money or otherwise
70 prosecute or defend it
M White is an extensive manufacturer Of materials
which are purchased by dentists tor their practice The
dentists opposed TO the payment Of royalties the
company which the patent and it is alleged tnat
Nj. White prepared defences which, 1t Is claimed, he
supposes the dentists might make against the company
when called on to their licenses that he volun
tarly furnished at his expense such defences in
printed FORM TO the licensees of the company and to
others and that he paid the defendants expenses of
lawsuits instituted by the company AGAINST those who
their losses by the alleged interference Mr. White
NOT less than $l0l000
The other side remains to be heard, and when Mr.
Whlte answer has been put IN It will be duly noted
The New York herald., 1873-12-16
MARRIAGES AND DEATHS
Married.

CoNOvER-HoLLEY.-On Wednesday, December
10, 1873, by the Rev. H. B. Mdgway, at st. James,
church, Harlem, Mr.. WILLIAM E. CoNOvER to Miss
SARAH L. HoLLEY, only niece OF Edgar E. Hclley,
all oil this city.
LEsLEY-BRADLEy-At the residence Of the
BRIDES father, in Orange, N. J., on Tuesday, De-
cember 2, 1879 by the Rev. Anthony Schuyler d. D.,
JOSEPH LESLEY to CORNELiA E. BRADLEY.
SMYTHE-JONEs.-At Grace church. Madison,
Wis.,, on Wednesday, December TO- by Rev. John
wilkinson, WILLIAM G.. SMYTHE. OF New York, to
HELEN, only daughter Of John N. Jones, ESQ.,, OF
Madison.
WEBER-GRUNER.-On Monday evening" Decem-
ber Is, at the residence OF the BRIDES parents by
Rev. Dr. Huebner, JOSEPH WEBER to LOUISA
GRUNER, all Of this city.
The New York herald., 1873-12-16
FATAL CASUALTY.

Michael Collins man some 65 years Of age who
lived in Cosmopolitan court, Thirteenth street,
between Fifth and Sixth avenues, died yesterday
In Bellevue Hospital Some 10 days ago the de-
ceased 1t is stated, was standing near the track
OF the Broadway and Seventh Avenue Railroad,
and as No. lis approached him he as is alleged,
backed against 1t, and, being knocked down, one
OF his feet lodged on the track, and before the
driver could brake up the wheel passed over and
crushed it very badly. Death was the result OF the
INJURIES Coroner Herman has taken charge OF
the case and viii hold an inquest on Wednesday,
The New York herald., 1873-12-16
BRITToN investigators CLOSED.

The investigation before the Commission an.
pointed by the Governor to take testimony IN the
charges preferred against District Attorney Brit
ton was resumed yesterday at samuens' Assembly
No testimony or interest was elected Mr cad
wallader one Of the Commissioners, who Conducted
the investigation for the people, will submit the
evidence, as soon as the Stenographer can prepare
his notes, to Governor DIX, whose action Ia the
case OF Mr.. Britton will be 1Dal The District
Attorney Is qnte satisfied that be has upset the
arguments of his enemies
The New York herald., 1873-12-16
SUNDAY SCHOOL TEACHERS ASSOCIATION.

meeting OF this association was held in the
Fourth avenue Presbyterian church last evening.
The exercises consisted OF review lesson on the
life OF Christ. The children answered ALI questions
put to them regarding localities In the Holy Land
with the case ana assurance or learned gcoRfa-
piers. After the review the Rev. s. II. Tyng SAID
q lew words on "Paticnt Continuance In Well
uoina.o and the meeting closed with prayer,
The New York herald., 1873-12-16
COURT OF common plEAs-spEclal TERM.
Decisions.

BY Judge Loew
webster Webster.-J Judgment Of divorce granted
plaintiff
Mayorga Nisscn.-Motion denied without costs.
Frost Is. Lovc.-See memorandum
Vega RegensbergM to vacate order Of arrest
denied.
Smith vs. Bough-See memorandum
Friend VS. Welbeck.-Moton denied without costs
Schneider VS. Mandshim.-Moton granted.
The kockland County Nitro Glycerne Company vs.
Sweet Jr.-0rder granted.
The New York herald., 1873-12-16
SUPREME COURT-cHAkDERs.
Decisions.

DeCIsIOnSs
By Judge Daniels.
In the Matter &c Hatch Meyers VS. Goodale.-Sec
opinions.
Livingston vs. White ct al-See memoranda
BY Judge Barrett
In the Matter, &c, ST Paul's Methodist Episcopal
Church.-Granted.
Miller Bowles.-Memorandum for counsel
BY Judge Fancher.
Kellogg vs. Cooper ct al-Granted.
BY Judge Brady.
Lcvitts VS. BelL-Order discharged.
The New York herald., 1873-12-16
SUPERIOR coURT-SPEClAL TERM.
Decisions.

Decisions.
BY Judge Freedman
Courtenay VS. Courtenay.-Report confirmed and judg-
ment OF divorce granted
Rigney ct al Aspe-Notion denied, with $40 costs
and with leave TO payment Of such costs
additional papers disclosing The nature of the defence
Oakley VS.. The Mayor, Gc.-Moion denied, with $40
costs See Memoranda.
Ludington Siauson ct al-Motion denied, with $40
costs. tSee memorandumD
Pickcrsgill Nash.-Plaintfs default opened on
Arrna opp
The New York herald., 1873-12-16
"Gofng For'' q Detective.
ESSEX MARKET pOLlce COURT.
In Want OF a Few Dollars,

Dennis McDermott was held in 81 900 bail by Justice
Flammer, yesterday, charge of stealing $l09 from
David Mccormick, Of 40 Pike street. II appears that
both the parties living in the same house ana
McDermott became flush just after Mccormick became
poor Detective Jarboe Of the seventh precinct arrested
Mcpermott and found upon him $lU3 in cash and the
clasp the trunk from which McCormick's money was
stolen
The New York herald., 1873-12-16
BROOKLYN COURTS.
CITY COURT TRIAL Term.
The Spencer Divorce Suit.

The second trial OF the Spencer divorce
menccd yesterday. Mr.. Spencer for absolute
divorce, the ground Of adultery. Mrs. Spencer
daughter Of the late william Bradbury Of New York, and
held high social position In the section of Brooklyn
where she resided.
The trial the case which already been fully
reported took place last month The jury tailed
upon verdict The present trial will probably be
cluded 10 Gay.
The New York herald., 1873-12-16
HQIlcs TO TIE Bar.
In coneqr

In consequence Of the death and funeral Of the late
Judge Nelson appeals ac the Circuit Court of the
Eastern district will not be heard until Monday the 22d
inst BY order OF the Circuit Judge,
The New York herald., 1873-12-16
COURT Or SESSIONS.
The City Treasury Frauds.
Before Judge Moore.

The trial of exCity Treasurer sprague will not take
place until next month District Attorney Brittn has
been SO engaged in defending the prosec by
form Committee Of Fifty that he has been unable 10 ap-
pea ~ MS onciai capacity In any important set
lot uie IN the Sessions Now that the reformers'
prosecution mas closed, Mr.. Brton will
tme Ihat remains this term 10 the trial Of jail saseA
The New York herald., 1873-12-16
COURT or APPEALS CALENDAR.

ALBANY. Dec Is 1873
The following Is the Court OF Appeals calendar for
December l6Nos 157 l37 l60 l62 l53 I46 l63 66 lG7
and l69
The New York herald., 1873-12-16
OBITUARY.
The Queen Dowagsr or Prussia.

The Queen DOwager or Prussia.
BY telegram nom Berlin, under date OF the 18th
inst, we have announcement OF the death Of
Elizabeth, Queen Dowager OF Prussia, after lin
gering Illness produced for the most part by de-
bility consequent on age.
Queen Elizabeth Louise was 70 years OF
age. She was daughter OF Macmillan l., King
OF Bavaria, and wife OF Frederic william w., King
OF Prussia, to whom she was married in Munich on
tae 10th OF November. and again In Berlin on the
23d OF the same month"; in the year 1923. The
venerable lady was chief or .'proprletress," OF
Prussian regiment OF Grenadiers OF the Guard.
The New York herald., 1873-12-16
COURT OF GENERAL SESSIONS.
An Es-Conviet Convicted OF Carrying
burglars Tools.

1he nrst case presented 70 the jury yesterday by
Assistant District Attorney Bnllns was m indie tina nj
The New York herald., 1873-12-16
Isaac Eckcrt.

Isaac EcRert prominent business man and
citizen OF Reading, Pa, died in that city on the 18th
inst. in the evening. He was taken OF suddenly at
an advanced age. He was native OF the village OF
Womelsdorf and belonged to family which occu-
pied leading position in that section Of the county
in respect to wealth and intelligence. In early life
he and his brother William succeeded his father,
Peter Eckert in mercantile pursuits. being thus,
from the outset, trained to business life. He was
married in 1926 to Miss Judith Hahn. OF Montgomery
county, and not long afterwards the two brothers
removed to Reading and engaged there in their
original employment. Mr.. Eckert was exten-
sively. engaged in ore operations and devoted
considerable attention to the development Of the
mineral resources Of Berks county: He was also
largely interested for many years in coal lands in
Schuylkill county, from the sale OF his interest In
which he realized large addition to his already
large means. The successful result OF long busi-
ness life was evidenced in his accumulation
OF large fortune he being at the time
OF his death the wealthiest citizen OF the
county OF Berks. In politics MI. Eckert occupied
prominent position. though he never sought or held
ofice. He belonged originally to the old whig
party, and was thorough tariff man; was strong
adnerent OF the republican party from the start,
and gave practical and liberal support TO the
cause OF the government in the war for the Union.
The New York herald., 1873-12-16
H. $. p. winterboth.m, M. p.

Henry Selfe Page Winterbotnam, Member OF Par
lament for Stroud. England, and Under Secretary
for the Home Department OF Great Britain. died
yesterday.
Mr.. Winterbotham was the second SON OF Lindsey
Winterbotham, Esq, banker OF Stroud He was
born on the I'd OF March, 1887. and educated at
University College, London, where he graduated
with honors, A. B. In 1885, and LII. B. in 1869. He
was Hume Scholar in Jurisprudence In 1853 Hume
Scholar in Political Economy 1859 and University
Bar in November. 1850, and practised in the
Chancery Court. He was elected to Parliament as
memoef ior S.roud on tne zosh o. august. 49,.
Gladstone's administration, the Cabinet rewarding
his Legislative services by appointing him to the
his deceaSe.
The New York herald., 1873-12-16

James Lynch whose death is recorded elsewhere
in the HERALD to-day, has been actively engaged
and favorably known in business circles in New
York during period Of so years. He devoted
his talent to the grocery trade, from which he re-
tired some 20 years since, taking with him
into private life most enviaDle character for
probity and honor and very ample fortune, the
He was in the sixty-eighth year OF MS age.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-06-12
Total,
$20,T7l.25

LIabHdy Of IndorSers.-A case of consilera .
PIE interest as bearing upon the question of the
i,aoility OF those who give accommodation en-
dorsements, has Just been decided in the Con-
nectlcut Supreme Court. The suit was brought
Dy william kirschner against James IL. Conk-
lin OF New Daven, under the circumstances
and with the results stated below In 1871 John
tathgeber made a note for $500 and applied 10
the New Haven County National Bank for
loan. The bank refused TO loan the 500 unless
kathgeber furnished and indorser lie procured
the Endorsement of James II. Conkiin. and
subsequently he procured the Endorsement of
kirschner both knowing they were accommoda-
ton indorsers, and the plaintiff In fact relying
OH the Endorsement of Conklin. There were
renewals OF the note until Rathgeber paid $50
on i, and then on April 8, 1872, gave a note for
S4oo, which Conklln and Kirschner both in
dorsed as accommodation indorsers. They both
indorsed all the renewal notes, Kirschner relying
upon the endorsement of Conklin The former
woulI not have Endorsed, the Court found, if the
note had not previously been endorsed by Conk-
I'm. In each case Of renewal on the last note
| given, Conkiin was the first indorser. When
the mole tell dine, ii went to protest, and Krscb-
ner paid it and demanded payment of Conklin
VINO refused TO pay, and suit was brought. Ir
| the Common Pleas Court Judgment was piyeI
lot the plaintiff to recover the $3.50 and interest
The Judgment the Supreme Court by its deci
sion affirmed.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-06-12
FOR SALE.

eFa Two Valuable Market street prnpe,ti,- uls.
running through to Shlir, Street, ant VIII l.
sold On easy terms.
House, No. I03 Tatuall street ruuIns lot 8 ly al
possession Mt any tina,
Two Houses on Wilson street Nos I22l and I2il. ,
rooms each, ivt IGS6i, Ion 'Il lseil.
store ptopaity. corner Firth Aui Nn,ii-m .tr..t..
good location iur Bushes.
House, No. inj East sixth street room.
Two FARMS FOR SALE or ENCHA&Gl. Is
miles nom city, ono OF acres the other "A acre
buildingS upon both new and la good rela,t uf,1t
abundance ut fruit
House, G2i west Seventh sheet, rooms nav ;.,,t
and In good order. Lot i6Noi.
Store property, corner OF Film and Ia,h- fl t,-t g..
Tor less than cost.
House No lOi East Sixth street. . room, ht llA7+
No hOu,ts, brooinH each, on Orange sire. l. ubt, -
SIKH. Lot lsSl2.. Cheap. ferlns very ca,
For Sal" OF exchange ihr farm. ~ tl.irr ,tai,.
brick HOUSE, II rooms, stnrs. and bakery !ctach.d
modern improvements. Good location i0r l,u4iness
number III other properties, including some un.
farm close to the city. CAL and examine Mt on
open IN the eyenisg 4. PENNlNGToN
Room No. . Almond Building.
ies-a Cor. Eighth and Market street,.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-06-12
Forthe Dela,eare Republicar


'CnILDRENS DAY AT ST. GEORGES. ;,
AT the session OF the NJ. E. General Confer
ehce, in May, 1872, il was recommended that
the Second Sdnaay in June, be every where
observed as 'ChilIren's Day In the NJ. f.
Church in the town of st. Georges, the morn
Ing service on Sabbath, June Sth, was accord
ingy devoted to the children and youth of the
church. The members of the school met at the
usual hour for the study Of the .Berean Lesson
Tor the day, and other sabbath school services
These copcluded, the teachers and their classes
proceeded to tho audience room of the church,
and listened tn L sermon from Rev. ii. Boggs
OF Drew Seminary former member of t6s
School. Mr.. Boggs took for his text tho word
Fight and from it preached an admirable SER
mol to the young folks, eXhortng them to CON
tend against self and evil habits. The best
comment we can make upon the sermon Is
that the scholars in tho infant class were In.
terested and understood il, and at the same
time the adult nemhers were both pleased aud
profitel,
AT the close of the sermon the Conference
Educational collection was taken.
Sabbath School hymns were substituted for
those usually sung in the congregation, the
singing being under the direction of Mr.. Geo,
w. Townsend who takes great interest in
teaching the young folks to sing the songs
of Zion.
a humDer OIL beautiful bouquets were placed
on the pulpit and in the altar. The service was
delightful one, aud we think childrens day
at st. Georges will long be remembered.
The Berean Lessons are used in the Sabbath
School, and there is a constantly increasing in
terest manifested in this cause by the church
members. A class for adults has been institute
ed, at present taught by j. Il. Calder, and on
Sabbath morning there may be seen in it, read
ing the lesson tcr the day, persons who have
got so far away from childhood that helps to
read In the shape of glasses are brought into
requisition.
The school is under the direction of the pas
tor OF the church. He is assisted by Mr.. Geo
Mckay, who is thoroughly devoted to the WORK
and number of officers and teachers, who are
usually at the post of duty. Many of the men,
oers Of the school early come TO Christ and are
made heirs of eternal life.