davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-12-18

President testified the package was delivered, ne
called at the bank with one John Levi, or Phia-
delphia and asked Mr.. jenkins TO sign the receipt
In the passbook, as Mr.. Carman, the former
cashier nad lett the bank and that' although ai,nongn
sary. he brought out the package and
showed IL to them. Levi had been ex-
amed as witness by commission and
his testimony used on the two former trials 10 cor
roborate the paintn in this respect; but his testi-
On the former trial the plalntin testified TO having
the passbook with him on this occasion, IN MS di-
rect testimony; but on cr0ss-eXamlnatlon ne Said
he accidentally discovered the passbook IN MS I'm
way TO the steamer when he was at the bank.
When asked to explain this Inconsistency ne Was
suddenly seized with a 1T and taken out OF COURT
ana on his return to the stand was only able 10 say
he was mistaken.
Carman, the former cashier testified that, after
he had given his evidence on the first trial. the
plaintlf called on him and found fault about
his testimony. ana said ne ought TO be served
as the Spaniards do some people, taking out
penknile, as II IN earnest, and he
was so much In fear that he called for help. At
another time he came to Carman and proposed to
make will in 1avor. OF his tCarman's) daughter,
for whatever he might recover IN tins suit. But
Carman considered himself lnsulted and declined
to nave anything TO do with him.
The present trial was commenced on Monday OF
last week, and only terminated yesterday morning.
1t was stated by some OF the jury that they all
agreed upon a verdict for the defendant within Is
and he remained unchanged all night and until
eleven oclSck, when he agreed with the others,
and although the jury were poled. the verdict was
unanimous for the Bank. The Court granted an
extra allowance to the defendants attorney, Mr.. H
+. Averill OF $l100. For the plaintiff, Beebe. Dono-
hue h Cook and ex-Judge Homer A. Nelson.
For the defendant, Ex-Judge William Fullerton
Thomas Allison and Horato +. Ayerlu.
The New York herald., 1873-12-18
MARINE COuRT-pART |.
Action on u Contract.
Before Judge Rowland.

Before Judge Rowland.
Kordmann VS.. Tournier.-This action belongs to
q rather infrequent class. The plaintiff and de-
fendant entered into q long written contract in
the French language, by which the latter agreed,
for the consideration OF $780, to sell to the former
his machines, tools and stock Of precious stones,
and to abstain, or as the agreement read "inter-
dicted himself" from carrying on the business Of
lapldary IN the city OF New York Tor the space OF
three years, under penalty OF $500, fixed as iqu-
dated damages in the contract. The money was
duly paid and the business transferred; but within
the time specified the paintlr discovered cards OF
the defendant, as lapidary, in circulation and on
inquiry found that the defendant had opened o
new shop almost round the corner from
the old Stand whereupon this action was
brought to recover the amount fixed.
$500. The defendant testified that MIS-
intention In selling was to get out OF his wiieS
way, who prosecuted him and insisted upon rals-
ing ''r0w" in his shop, and not to 60 out Of the
busines, bat that his new enterprise was only the
importation of precious stones although ne kept
apldarles' tools IN his shop in case OF emergency,
ing had lapidares work performed there. Defend
ants counsel likewise attempted to show that the
stock sold was OF the value OF more than the pur-
chase price, and that consequently no considers
tion was given for the promise to reltnqush the
business, but this the Court excluded instructing
the jury that II they were satisfied that the defend
ant carried on the business OF lapdary IN the city
within the three years specified verdict must be
rendered in favor OF plaintin for the iu amount.
Verdict for plaintiff for $780, For plaintiff, Il. X.
Olcott; Tor defendant, j. II. Flanagan.
The New York herald., 1873-12-18

being paic during the time specified. Mr.. Law
renee showed that they had been officers OF the
Court since 1851 and that they were never dis
charged or received any notification OF discharge.
Judge Larremore held tnat this omission did not
for each for s622 9o with interest, being the iull
amounts Claimed.
Passing no opinion as TO the above suits being
model suits or otherwise, the next suit was GER
tainly model one IL appeared that James M.
Jackson, an architect, now residing IN Florence,
Italy, was commissioned in 1865 by the Croton
Aqueduct Board 10 construct model for the
gatehouse OF the new reservoir IN Central rark. .
Through years or patient waiting and entreating
he iaed TO get his pay and was driven TO the
necessity OF bringing suit against the city. HIS
claim was 1900 Tor the model anu 5000 Tor It's
storage Against the claim 1t was urged that the
Croton Aqueduct Board transcribed It's authority
In giving any such order MI Dean would seem u
regarding the city. as Mr.. Lawrence at once cited
special statute passed in 1850 authorizing the very
work upon which Mr.. Jackson's claim was based:
"But we have not got the model" pursued Mr..
Dean, rs though this was clincher
ANSWERED. m Mr. uns lawrence a h as soon as the BIZ Of
storage is paid and pay for its construction"
Judge Larremore pronounced the case IA very very
asked for, together with s977 in the way OF IN
teresta not very bad investment AFTER all ior the
A SURVEYOR AND HIS FEES
Among the many official acts Of William M: Tweed.
while at the head OF the Department OF Public
or paving job in seventh avenue. The bill OF the
latter amounts to s39SS II. Mr.. Dean said II
should not be paid because Mr.. Tweed. rs he
claimed had no right to make such appointment:
Mr.. Lawrence showed that the contractor was paid
some $4,000 upon certificate signed by this sur
veyor. Judge Larremore thought this another
clear case and directed warrant for the amount
OF the claim, with some s7o0 interest added.
STREET INSPECTORS
Commissioner Van Mort appointed Robert J.
Murray inspector in the opening OF l04th street.
and Peter J. Murtha inspector in the opening oil
First avenue up town. They did their work OF IN,
specting, but as the contracts were declared VOID
the city refused to pay their claims OF $40 Al each
Messrs. Allison and shaw, their counsel insisted
that the fact of the contracts being declared void
did not affect the inspectors. Judge Larremore
so held, and ordered judgments In their favor for
the amounts claimed
CITY HALL CLEANER.
Last IN the list was Patrick Mcdonnell, VINO
claimed $S7 for cleaning the City Hall. Judgment
Tor this sum was at once ordered on the pleadings.
The New York herald., 1873-12-18
TRIAL OF HENRY W. GENEH
Close Of The Case for the Prosecution -G'nti
as a Witness in His Own Behalf.
Prosecuting Claims Against
the City.
Strange Scene in the United
States Circuit Court.

The trial OF Henry W. Genet, in the Court OF oyer
and Terminer, before Judge Daniels, progressed
yesterday with almost unparalleled rapldity. The
prosecution finished their side IN nearly double
quick time and when the Court adjourned the de-
fence had got well advanced on its side Their
strongest reliance evidently, as will be seen 10y the
report below, is on the testimony OF the accused,
who was called as witness In his own behalf IL
looks now as though the case might possibly reach
the jury to-day
An epitome OF eight suits against the city, tried
yesterday before Judge Larremore, OF the Court OF
Common Pleas, will be found in to-day's law re-
ports. 1t win be seen that the city was beaten In
all OF them and besides this the results serve TO
throw important light on the manrfer in which In
terests and costs are rolled up against the city
through resisting the prompt payment OF just
claims.
AS wiz be seen by report OF a trial concluded
Yesterday before Judge Monell in the Superior
Court the East River National Bank, after three
trials has had long pending suit decided second
time in it's favor. This will probably close the lt-
CATION
James Bryant gave bail yesterday, before Com
missioner Osborn on a charge Of obtaining letters
from the Post once by means OF power OF attor-
ney, alleged to have been fraudulent. The defend
ant states that he will clear up the whole matter
on examination.
The New York herald., 1873-12-18
IQMps POL ,cE COURT.
"Caught on tho Fly"
Before Justice Bixby.


Owing to the fact that the regular Police Court
room In the Tomos Is being thoroughly renovated.
the presiding magistrate yesterday transferred mis-
quarters temporarily to the Special Sessions Cham
Der. Alter the usual routine and the disposal Of
some unimportant cases, James Lane, carpenter,
aged 80 and native OF this city, was arraigned,
charged with the larceny OF a truck, contaiEing
merchandise OF the value OF $4,000. The complain
ant. James Loughn, OF 1876 Charles street, who was
driving the truck, LEFT 10 standing N worth street,
near Hudson, while he went TO purchase cigar.
On his return he cspied the prisoner Lane driv-
ing of rapidly with the property, and Immediately
gave chase. He pursued him through Leonard 10
Church street, when Lane leaped from the wagon
and tried TO escape on foot. Loughlln followed
him up closely, however, In company with num-
ber oi citizens, and the prisoner was finally ar
rested by oficer Moore, Of the finh precinct. Tho
goods consisting OF some 2,ese yards OF cloth, 60
J. O. Howe h Co. Lane was committed by Justice
yixby In default OF $1,000 ball
The New York herald., 1873-12-18
COURT Cs GENERAL SESSIONS.
A Burglar Sent to the state Prison for
Five Years.
Before Recorder Hackett.

Five Years.
Before Recorder Hackett.
In this Court yesterday James Allen, who was
Jointly indicted with George Barclay, pleaded
guilty to burglary in the third degree. The charge
was that, on the Attn Of this month"; they entered
the dwelling house OF Lewis Davis, No. 373 Green
wien street, and stole two overcoats worth $40.
Allen was sent to the State Prison for five years.
Grand and Petty Larcenies.
Martin Schaffer was tried and found guilty OF
grand larceny. 1t was clearly shown that on the
nth OF November he stole 500 in money and o
check ior $50 from Adolph Zuck. Els Honor sent
Schafer to the State Prison for three years and
months.
Henry Lennox, charged with stealing a silver
watch, worth s15, from Henry Lins, on the Sd Of
November, pleaded guilty to an attempt at grand
larceny. he was sent to the Penitentiary for two
1sRsr ssa sio5n fx m0ntas peaaeo cutv 70
charging her with stealing Sill in money from
Dennis sullivan on the 1lth OF November She was
sent to the Penitentiary for two years.
William Kerr, who, on the 18th OF November,
stole two coats, worth S4O the property Of Charles
Clark, pleaded guilty to petit larceny.
Charles Boland, against whom were two ndct-
ments for petit larceny, pleaded guilty to one
charging him with stealing clothing, valued at Sis.
Peter German pleaded guilty to charge OF an
assault with intent to steal from Benjamin Feather
stone.
The above named prisoners were each sent to the
Penitentiary Tor six months.
Acquitfals.
James Callahan was tried upon charge OF steal.
ing SO from the person OF Bernard Murphy. The
evidence satisfied the prosecuting ofllcer and the
jury that the accused was innocent OF the charge,
and a verdict OF not guilty was rendered.
The fore part OF the session was occupied in try
ing an indictment against John Simpson, charging
him with firing pistol at william Monaghan.
from the testimony OF the various witnesses 1t ap-
peared that on the evening oil the 10th or July last
the complainant and the accused were in lager
beer saloon at the corner OF Fortieth street and
Sixth avenue, and that while Simpson and Jonas
Stead were engaged in a controversy about an
alleged cheating operation on the part OF Simpson,
Monaghan struck simpson, after which the defend
ant fred pistol, the contents Of which lodged IL
the door OF the saloon. Witnesses lor the defence
testified that stead called upon Monaghan to FIX"
and To "kiln simpson, and that while he Mona
CHAM was making gesture as If to take out pis-
t0l he fired his revolver, but aimed it IN such
way that 1t could not have injured anybody After
considerable deliberation the jury rendered ver-
dict OF not guilty.
The New York herald., 1873-12-18
CeUnT CALfkOAns-THls DAY.

SUPREME COURT Il CIRCUIT Part 2-Regulsf
Term-Held by Judge Barrett.-Court opens at
hall-past ten A. M-Nos. 557, 1915, sos, 97s. 463.
445, 64l, 600, S23j,, 905.
SUPREME CouRT-CRcuIr-Part 2-Adjourned
Ierm--Held by Judge Van Brunt-Court opens at
hall-past ten M-Nos. s7s, $50. s2sH, 1876. 1882.
2sso 3oao SOlsh, 2Ii Sls1s, s72 1872. 1874, 1s02,
1888, 224, 1916 1850. 1852, 1906.
.ISCrREME CoURT-SrEciAL TxRM-Held by Judge
Davls-Court opens at half-past ten A. M.-Demur-
rers.-Nos. =, 10, 0. Issues or law and fact-Nos.
lSS 2l5, 2l7 l43 l45, 1873, 49, 1884, As 63, 81, Ill,
ISL 223, 225, 227 229, 23i. 232, 27, H. 81 80 45.
oo 7 Ill 2l1 2i3, l7s, 100, lel, l92, 2o2, l23s
lob, l7b, 1ss, 23s $40, l61, l2s. l64, 1875, 20o.
graham 800. IL, 10, "a, 90, %, "a, ST. W. OF,
Il3, l15, 1876.
SUPERIOR CoURr-TRIAL TERM--Part i--IIcld by
Judge Monell.--NOs. 6g1, 42S, 655h, G10, 25l Sll.
slS, S5, al, OF, 3D sl3 s0j, 1917, 102i. Part D.
Held by Judge sedgwick.-Nos. 7l2 1894. l235. 21s.
Sl2 Sl4, $40, as, 676h, %, ~.
COURT or COMMON PLEAs-TRIAL TERM-Part
l-Adourned Tor the term. part 2-Iield by
The New York herald., 1873-12-18
SUPERIOR CGuRI-sPEClAL TERM.
Decisions.

BY Judge Freedman.
De Alfero VS.. Davidson ct al.-Motion denied
with $40 costs.
Arnold ct al. vs. Keyes.-Motion for stay denied.
Rockwell and Another VS.. Glnnelly and Another
Judgment Tor plalntif on demurrer with costs.
with leave, &c.
Same vs.. McGown and Another.-Same decision.
Valley VS.. stevenson, Patterson VS.. Stettaner,
Schenck VS.. Schenck.-Orders granted.
BY Judge Van Worst.
Arnold and Another vS. Angell.-Judgment and
accounting OF profits ordered. See opinion.
The New York herald., 1873-12-18
SUPREME CCuhT-cAAIa0Ens.
Decisions.


BY Judge Ingraham.
The People, &c., vs.. Schmidt.-Order granted.
Eagleson vs., Hufnagle, Wright vs. Wright,
RICHTER vs.. Cady.-Morions granted.
Cutter vs.. Rocke.-Memorandum Tor counsel.
BY Judge Fancher
Mcguire VS.. Franklin ct aL-Motion granted.
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06
THE MARKETS

- E1s 81 skAVENNA, Marcn o, Iel3-l ;
FLOUR Ranges from $40 90, for Xxx Red,
to s11 80 for xxx White Demand steady.
BUCKWHEAT FLOUR-61<c per pound.
WHEAT-No. 1. White sells for 81 65; Red
held at 81 60 a, 65.
CORN-Shelled brings 40c; in ear 30c.
OATS-Sell for 4o;; demand good.
RYE-No brings soc; No. 2, 20; Demand
light.
BARLEY-From Coo q 81 o. according to
quality. But little offer>d.
BUCKWHEAT-$i 90 per bushel.
HAY-selling at si4 q SIS; according to
lquality.
PORK-Demand fair; Dressed Hogs bring
S5 90 q Sc 90 per hundred. OK tA.th--A T!
LARD-City render ed 10c; country SC.
BEEF-sells at s. 90 @ 81 90 per hundred.
SMOKED MEATS-City Sugar Cured Hams
selling at 15c; Country cured. 10 a 12c;
Shoulders, City cured selling at &c q &c. Dried
Beef selling at 20 q 22c.
POULTRY-Not large supply in the market
Chickens, dressed, buyers pay &c q 10; undress-
ed &c a 7c: Turkies. dressed 10c@12c live 8 q SC;
Geese 9c@10c.
BUTrER-Scarce. Choice brings CSC
CHEEsE-Factory retails at lee. lF-s s---,
EGGS buyers pay zoe per doz.
DRIED APPLES-5c per pound.
POTATOES-4Oc@50c Soc per bu.
3 BEANS-Choice hand picked in good demand
at 81 20 rerbu. Medium 81 sz5.i y ;lFI'EtE =
ONIONS-$i 90 per bushel. y =.
HOPS-3oc.
SAGE-Retails at SOC.
VINEG AR-Pure cider, retails SOC per gal. =
TALEOW-Buyers pay &c. = ! & : - -
FEATHERS-Retail at 81 90.
WHITE LIME-S1 20 per Dbl.
( WATER LIME-$2 rs @$S 90.
sALT-CoaIse sells at IS co; ane 81 So
wooD-stove 81 oO@2 80; 8 feet wood g 0C
a IS go per cord. '''
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06

The Louisiana Bill, reported by
Senator Carpenter. has been defeated
by vote of Is yeas to 90 nays. The
Democrats and Liberals generally
voted in the negative, claiming that
McEnery was legally and fairly elect
ed, and that the Kellogg Government
is a most paipable usurpation. This
leaves the Kellogg faction in power,
and the President viii, in accordance
with prcdetermination recognize and
maintain thensKellogg Government,
notwithstanding every branch of the
Senate Investigating committee pro-
nounced the action of Judge Durell
an unwarranted nsurRatiop, and it is
knownto every body that that faction
is kept in power and the will of the
people disregarded by the usurpation
of that drunken Judge and the, des-
potism of Federal bayonets. The
Republicans claim that it isthe great
mission of their party to guarantee 10
every State a republican form of gov
ernmeut, yet in this instance they are
forcing upon the people of Louisiana
a government which they have most
emphatically rejected.
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06

The report of General Butler on
behalf of. the committee instituted by
the House to inquire whether the tes-
timony in the Credit MoBilier inves-
tigation warrants the impeachment
of any officer of the United States,
takes the ground that as Colfax's con-
nectiou with that affair was before
he was elected Vice President. Con-
gress, therefore, has no right to. i'm
peach him forit. This is a virtual adj
mission OF his guilt, but pleading the
statute of limitation. in his behalf. But
if guilty. (and who donbts. it p what
becomes of the bald perjury commits
ed by the Vice President in his at
tempt, to cover up the transaction,
swearing that he. never owned any
Credit Mobilier stock and never re-
ceived any dividendstherefrom ? May
high Federal officials commit perjury
before congressional comittees with
impunity ~ iettiMWeg eaissd ilfia
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06
Judge Polaad.s COMMITTEES.

A writer in the Celtic Inder says ::
- 1he crowniDg scandal of this most
scandaious Congress, has been perpe-
traied by the above committee. 1t is
to be hoped that ii has reached its eli
max. This ireacherous committee
leaves on the public mind the gloomy
conviction that its real labors were
directed to prevent disclosures, lu-
stead OF unwilling either the crime or
the criminals.
With what assumption do we sup
port criminal laws, jaiis and peniten-
tiaries, when Congress spreads so de-
moralizing an example before The
poorer order of cuiprits. with this
glaring definition-that the receiver
of stolen property is entirely innocent
and blameless iu the transaction, as
the principle of this decision states in
the committees recommendation 10
Congress
Here is new assumption of law
that might enlighten the learned Story
himself, did he live in these enlighten-
ed days.. 1t is certaiuiy the most ex-
traordinary definition of moral hon
esty this nineteenth century has yes
seen.
IL we CdnHOI DIiHsS OuE ITIeHus uE
to the. moral standard required by
law, we must only accommodate oul
friends by bringing the laws morality
down 10 suit their moral standard.
The country anxiously expected
something more from this committee
than brazen justification of crime
1t was looked for that some screen o.
decency would be lifted over the hor
rid nakedness of the Credit Mobiliel
! infamy-that the Poland Committed
would make some reasonable sacrifice
in restitution to outraged justice, by
resigning some of those most perjureo
felons. The people looked for thu
triumphant march of justice. but have
only been treated to its funeral. Th'
worthless may now rest easy. Th'
out going Vice-President Colfax, an(
the incoming Wilson can pass seren
ly after salutiDg each other, with TIN
old fashioned couplet-
Shake hands brother.
Yuo're.a rogue and I'm another
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06
New York has got rid of the Ia

NEW YORK has got rid of the Tam
many thieves, but it was only to give
place to more hungry swarm. How
that city is now governed, is told in
the following from a correspondent
writing from there to a Radical paper !:
"The new Republican ring. which
has been formed to plunder the city,
is growing stronger, more compact,
and more audacious. Tom Murphy
is carrying out a programme which
would have astonished Tweed himself
The new charter for the city, which is
sure to pass the Legislature, gives op
portuuities far beyond those of the
Tweed charter. The plunderers will
have things all their own way. They
can control elections and hold the city
at their mercy. They propose to in
terfere with our personal rights by
means which Tweed never thought Of
The Superintendent of Police is made
dictator, and the office is TO be given
to that despotic squirt, Davenport,
who rode around Toughishod at thelast
election. He is authorized TO make
record of the name of every resident
of the city, to enter people's houses,
and to compel them to answer any
questions about themselves or their
affairs which he may see fit to ask.
This man will be the agent to carry
out the schemes of the Murphy ring.
The Tribune, Wortd. Sun, Herald.
Post and Stdatz Zeitung are opposed
TO the new charter; but the ring care
nothiHg for the newspapers. The
Past says that this city has been given
over for years past to the most un-
scrupulous set of scoundrels that ever
banded together to make prey of the
public, and that these robbers have
given place to a new crew, differing
from the old one only in being hum
grier.'
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06
Corrupt Senatorial Elections.

In view of the facts that both the
Senators from Kansas have been
charged with bribery, and that in one
case Senate committee has reported
that bribery so tainted the Senator's
election that it was void from the be-
ginning, a Washington correspondent
suggests that the evidence in both
cases is such as to create grave doubts
as to whether Kansas possesses the
necessary qualifications for an honest
State Government. This being the
case he thinks Kansas should be re-
duced to a Territory again. Were
this sort of retributive justice visited
upon all the States that in their elec-
tioDs for Senators resort to :" ways
that are dark" the stars on our flag
would be considerably reduced in
numbers. Short shrift would be Civ
en- such States as Oregon, Nevada,
Arkansas and Louisiana. In view of
currentsrumor and the Credit Mobilier
scandals, Wisconsin,. Iowa, Missouri
and South Carolina might also suffer
degradation, and it might be ques-
ton whether some States nearer home
would not also run serious risk
Philadelphia Ledger. ~ M ot
The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06

Although the evidence in the Pom
eroy- case was considered closed on
Monday, the Senatorial defendant
seems to have reserved his grand coup
for yesterday. His defense, as now
finally put forth, amounts to this: He
promised TO lend a friend a. A. Page)
money enough to start National
Bank; he sent the money to Page by
York, giving him $1,000 at one time,
and $1,000 at another, in different
rooms at hotel; this money was
borrowed by HIM for this purpose;
he took no note or receipt from Page I;
expected none !. asked for none. This
statement is supported by Page, who
swears that Pomeroy promised him
that amount OF. money. That is the
whole case. Of course, neither Page
nor any other man (unless it was
Pomeroy or York; knew that the
81 900 which York received from
Pomeroy was intended to be deliver
ed to Page, We have York's sworn
statement that. the 81, 600 was a bribe.
Page says that Pomeroy says the inon-
ey was part of that with which he was
to start a National Bank. This de-
Tense is wholly irrecon cilable with all
the evidence on both sides, except
that of Page and Pomeroy.-Iribane.