davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-05-06
THE STOKES CASE.

a Decision To He Given To-Day on the
Application for . Reversal Of Judg-
. ment--ssPoints'' that May Render Null
and Void Any Decision Given.
The General Term Of the Supreme Court met yes
terday. Justices Ingraham and Davis on the bench
IL having been announced that decision was 10
be rendered on the application OF counsel OF Ed
ward >. Stokes under sentence for the murder Of
James Fisk, Jr., the court room was barely ade-
quate to contain the large number Of people who
congregated there to hear the nnal result. There
were many eminent legal gentlemen present, with
numerous representatives OF the general public,
il anxiousiy expecting the result OF the Judges
deliberations. Shortly after the Court had con-
vened h became known that no decision
would be rendered, as for some reason
or other, IL had been postponed until to-day
A rumor soon spread abroad that the decision was
already prepared, and was adverse to the granting
OF new trial. IL was understood, IL such should
be the case, that further effort would be made to
save the prisoners life by recourse to the highest
end last trhunal, the Court OF Appeals II must be
said thar the general impression was and is among
The New York herald., 1873-05-06
maRINE COURT.
Business for the Term.


The calendar or cases for the Marine Court pre-
sents for the Judges all the business they can pos
sibly get through with during the May Term. Parts
!, and opened yesterday, with Chief Justice
Shea and Judges Joachimsen and Gross holding
Court in the order given above. Judge Howland
holds Special Term, thus alternating with the
Judges who sat during the April term. There was
the usual rush OF lawyers and their clients that
marks the openings OF the various terms or this
Court, and which indeed presents little dminuti0n
till the last day for the calling OF case. The only
drawback TO perhaps more complete disposal or
the ever increasing business OF the Marine Court
is perhaps TO be found in the lamentable lack Of
Court accommodation. The work OF the Judges
has Kept more than pace with the extended
jurisdiction which the Legislature has from time
to time given to the Court, but no corresponding
facilities nave followed TO carry out these measures
OF the Legislature. There is no lack of disposition
however, on the art of the Judges, who, in their
miserable quar- cers, conscentously and cheerfully
as may be work through the Summer and Winter
months and suffer equally, II not In like de-
gree, from heat and cold through the want OF the
accommodations referred to.
The New York herald., 1873-05-06
THE WEST VS.. THE EAST.
Woes or the Producers and Consumers.

To-day the producers and consumers meet at
the Astor House, to agitate the cause OF the West
vs.. the East They haveSnvited all the producers
and consumers to be present al the gathering;
but as the Astor House will not hold 40,OOO,O00 OF
people 1t Is surmised that there VIII be few alb
scntees However that ''Mr. W. G. FagR, Presi-
dent OF the Illinois state Farmers Association, ana
thousands OF others in the western and Eastern
Statesn have thus expressed themselves =
We are all producerso Or consumers and, as such
mutually Interested. Let all commercial bodies ali
farmers organizations all Eastern and western
tacturers and all merchants unite IN this work.
The Senate Committee on transportation
routesr have expressed their approval OF the
meeting and promised TO hc present II possible in
person. or Dy delegates, and have offered the iol-
lowing resolution -
Resolved, That with view OF facilitating their iuvcs.
ugAons the select Committee Iransporta Route
the Seaboard respectfully request that the state gov
ernmcnts boards OF trade, chambers commerce rail-
road and canal companies and other and
persons engaged interested the subject Of
tation, will furnish 10 said committee such facts and
stcs relating to Internal or external commerce OF the
United States he in their possession or are con
yeueuty accessible
The New York herald., 1873-05-06

lawyers that q decision otherwise than against
Stokes was and is simply impossible, even should
the question be carried to the Court Of Appeals.
IL IS now argued by those learned IN the law
that f the General Term should decide contrary TO
the wishes and expectations OF counse lot tne con-
demned man, the following points VIII be raised
relative to the formation or construction Oh the
General Term First, that Justice Davis having al
ready passed upon questions IN the case on his
review OF the testimony In the preliminary appil-
cation for stay OF proceedings. which ne
granted, was, by reason o! such review, dis
qualified from sitting as Il member OF the General
Term. Secondly. that each member Of the General
Term mus: be designated ny the Governor OF the
State as a General Term Judge from some district,
or else he is incompetent to act. 1t is claimed that
Judge Fancher was not 50 designated. but was in-
vited by Judges Brady and Davis 70 sit In the place.
OF Justice lngrahum. Consequently IL will be con-
tended that. as the formation OF the General Term
was contrary to law, any decision rendered Dy that
tribunal, either for the prisoner or for the people,
must he declared null and VOID
MIR. Dos Pass0S. the junior counsel for stokes.
expressed determination yesterday to immedi-
ately acquaint his associate Mr.. Lyman Tremaln,
oil the points to be raised. and probably action Will
be taken so soon as the deSisi0n VIII be made
known, winch viii be this morning IL was also
stated yesterday that the Judges oi the General
Term had themselves discovered that there was
some technical! objection to their proceedings, anu
in consequence. declined TO render the decision ne
before consultation, for that reason postponing
it until to-day.
The New York herald., 1873-05-06
COURT or COMMON PLEAs-GFnERAL TERM.

Before Judges c. p. DAILY, Loew and Robinson.
In March, $780, Michael sullivan was appointed
jantor of the Sixth District Civil Court at salary
Of sl,25O year. He received the appointment
from the Common Council. He was paid regularly
up to January l, 1872, when the Comptroller re-
fused pay mis- salary any longer, the ground Of
the llegality OF his appointment. Application was
made to Judge J. +. DAILY l0r order directing the
Comptroller to continue the payment OF the salary,
which was denied. An appeal was then taken to
this Court, and yesterday u decision was given re-
versng that OF Judge Daily and ordering judgment
for the plaintik Judge. Loew. who gave the
opinion oil the Court held that the appointment was
legal that the Common Council had the right to nix
the salary and that under the recent decision in the
Court OF Appeals the Huber case, the provision in
the Tax Lew of 1869 relating to raising OF sal aries
and creating new Offices was unconstitutional
The New York herald., 1873-05-06
BUSIN ESs OF THE COURT OF CLAIMS.

WASHINGTON, May S, 1873.
The Court OF Claims to-day rendered only one
Overwhelmingly in favor OF Charles Wilson and
others, OF Savannah for 900 bales OF upland cot
ton taken by agents OF the United States, amount
ing to $4,O32
Motion was allowed for new trial in the case OF
Marshall o. Roberts and Others OF New York.
against the United States--a claim 1Or over u
million dollars on asteamship contract for carrying
the mails.
Argument was commenced in the governments
plea TO jurisdiction in The case Of H. G. Kelley, in
President JohnsOn's amnesty proclamation from
liability to seizure OF their property under the
captured and abandoned property act can bring
suit after the expiration OF the two years. limita
tiop prescribed by said act. This proclamation of
amnesty was not made until the two years from
the date OF said act had expired.
A mandate OF the Supreme Court was fled
affirming the Judgment OF this Court in favor Of
A. Henry, rendered on May 20, 1871, for $l2,346
The New York herald., 1873-05-06
BROOKLYN COURTS.
SUPREME coUSI-speClAL TERM.
Eva. the OctOrOOn.
Rcfora Judya Pratt


The report OF the referee, awarding the custody
OF the octoroon Eva King alias Grifing to Frederick
Griffing, OF clinton avenue, Brooklyn was con.
frmed by Judge Pratt. Mr.. Grifling took the child
from her parents in The SOUTH with their consent,
the understanding being that she was to remain
with him until she was sixteen years OF age and
then she was TO go wherever she chose. when
Mr.. Gri1ing took Eva she was about
seven years OF age. lie brought her
on TO Brooklyn, took her into his family,
named her Eva Grining, and sent her 10 school.
She Is now about sixteen years old several months
since cO0red munster named Thomas, In New
York, endeavored to obtain the CUSTODY or the girl
BY virtue of power OF attorney from the mother,
and sued ont writ of habeas corpus in the Su-
preme Court. The case was reported in the
HERALD at the time. Eva was contcntcd In her
Brooklyn home, and IL appeared to the satisfaction
of the referee that 1t Tor her interest," morally
to remain there Mr. Grhng and mis- vile have no
children OF their own, and they always treated the
girl as their daughter.
The Goodrich Estate In Court.
David Goodrich, father OF Charles Goodrich, who
was murdered In hts house In Degraw street, near
Fifth avenue. contracted with susan Finlav TO ds.
The New York herald., 1873-05-06
ciTy c0JaT-spec;aL TENN.


DeClsiOrls.
by Judge Nelson.
Daniet Gallagher W.. William Il. Nichols. Case
and amendments settled.
Church VS.. The Lafayette Fire Insurance Com
pany.-ApplicatOn for l new trial denied
Stone vs. Mackey.-iniunction continued.
Henry VS.. Karcher, Sued vs. Cagger.-Deiau!t set
aside.
Brown VS.. Richards0n.-Ncw trial granted, the
conclusion OF the jury not appearing to have been
equitable or consistent with the spirit OF the IN
structiOns given.
settled.
Valentine vs. IIydc.-0n payment OF costs case
restored aud TO be hcar0 at the next General
Term.
simmons Va. Hcadiey.-P'aintir's default set
aside on payment or SO costs. aud stpalatng that
II plainf prevails no costs be taxed IN her favor
FOR prior terms Of the Court.
Donovan vs. Bambcr.-The injunction granted by
Judge Thompson ~ continued; the question in-
yOved cannot be tried on aiiuavits.
Jennerics vs.. waterbury. Application for a new
trial denied.
The New York herald., 1873-05-06
HERALD TUESDAY 1873 -QUADRUPLE SHEET

action the pIaintr claimed to recover $500 under
special contract made with defendant, General
Morris. OF Governor Dix's stan. 10 exchange and
negotiate the exchange OF certain real estate. The
deiendant admitted the contract. but set up that
the piainttn induced MIN 60 make an injurious
contract ny means OF false representations.
Judge Curtis instructed that the 0atts p10bendf
was on defendant to show that plaintln made the
representations alleged and that the same were
untrue; that II II was established that piaintn
was the iatfess ana corrupt servant OF defendant.
instead OF aboring in mis- interest and that he in
duced defendant 10 make the contract Tor the cx-
change OF the property by means OF false repre-
sentatiOns. lie could not recover. Jury found tor
the plaintiff in the sum OF 500.
The New York herald., 1873-05-06
SUPERIOR COUaT-speCNL TERM.
Decisions.
By Judge Sedgwick,

BY Judge Sedgwick.
SOlms VS.. Rutgers Fire Insurance Company
Motion denied, but the order may be entered put
ting cause on calendar, and at the place IL would
have had II put on the foot OF the calendar when
marked down by Judge at Trial Term
The Board OF Water Commissioners OF Detroit
Vs. Henry A. Burr, Sr.-Allowance OF $1,000
granted.
Leconite VS.. Markert-The paintiT was COM
PEELED to bring action because O breach OF Obliga-
tion by defendant. The plaintiff should have from
the fund an amount equal to taxable costs to be
taxed by the Clerk, and $50 allowance; the de-
iendant not to have costs or allowance.
BY Judge curtis.
Donahue VS.. Jones.-Moton granted
Pollard VS.. Rocke.-Order granting motion.
by Judge Van Worst.
Mushane VS.. Haney.-0rder vacating former
order.
The New York herald., 1873-05-06

pose OF two OF the Dcgraw street houses (one or
them the house IN which the murder was com
mittodl for hor share in the ownership OF the
clipper brig Hattie Haskell Mrs. Finlay owned
nne-tenth5 OF the vessel aud made this agree
ment, as alleged, on the 9Th OF April last. David
Goodrich charges that she subsequently failed to
carry out the contract. and he obtained a tempo
Tary Injunction to restrain her IRON dlsp0sing of
her interest In the vessel. Motion was made yes
terday on her behalf TO have the Injunction dts
solved on the ground OF irreguarty In the signing
OF the con ract and OF false representations as To
the value OF the houses. Decision reserved.
The New York herald., 1873-05-06
Quashing an Indictment.
SUPREME CGUaT-CHAMBEas.
DccisiOns.

By Judge Barrett.
Muln ct al. VS.. American Mexican Railroad and
Transportation COmpany.-Order granted.
Judah VS.. Meagher ct aL-Tne testimony and pro-
report
Mutual Life Insurance Company VS.. Martin ct al
Order settled.
Wallace vs. Mcdonnell ct al Report confirmed
and order granted
Banks ct al. VS.. Banks ct al.-McmOrandum for
counsel.
Penled & Co. VS.. James ct al.-Moton granted,
with $40 costs.
Appleton vs. BOwles ct al.-See memorandum OF
decision.
The New York herald., 1873-05-06
COURT of SESSIONS.
Policy Dealer Sent 10 the Pcnitcntinry.
Before Judge Moore.

n POIkcy OeaIer Sent Co the Pcnttcn tinry.
Before Judge Moore.
Nicholas Powers who was convicted OF being en-
gagged in the lottery policy business in Pear street.
was yesterday sentenced to nine months imprison-
ment in the Penitentiary and to pay fine OF $3.50
Judge Moore, IN passing sentence, said that
action had to be taken TO stop this the worst
species OF gamlling and he was determined to
punish all persons guilty OF the offence severely
The case Of John Siacts and John Primrose
policy dealers, was called for q second trial The
defendants JAILED to appear, and the Court directed
dants were subsequently arrested aud committed
TO Jail to await trial.
The Grand Jury.
Grand Jury was empaneed yesterday, and
charged. in the usual manner, by Judge Troy.
There are but comparatively few cases for them
TO pass upon.
The New York herald., 1873-05-06
MARINE C0URT-PABT 2.
A Timely Warning 70 Jurors

Timely Warming TO Jurors.
Yesterday being the first day Of the Trial Term OF
the Marine Court for the month OF May, the Clerk
OF the Court called the jury panel, and, several
jurors not having answered to their names, Judge
they may fail to answer.
The New York herald., 1873-05-06
SUFFOLK COUNTY SUPREME COURT.
Action by nm Expressman for Election
from q Stca boat.

David A. Barney vs. oyster Bay and Huntington
Steamboat Company.-This was an action for dam
ages claimed by the paintif for the arbitrary and
Illegal act Of the defendants in excluding him as
passenger from the steamer ID. r. Martin, on the
ground that he was engaged in the express busi-
The jury rendered verdict for $500 in favor
OF plaintin. Motion IOr a new trial Oyerruled
The New York herald., 1873-05-06
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.

The Grand Jury-Sentence Deferred.
The Grand Jury OF the United States Circuit Court
came into Court yesterday morning, when they
informed Judge Benedict that they mad not yet
concluded their labOrs Judge Benedict said he
hoped they would be soon able to do 80, and they
were then discharged till the l4th inst The criml-
nal calendar will be called on Monday next, the
18th inst. before Judge Benedict.
Newman and Devn, who had been convicted at
the last term oil the Court for committing perjury
while presenting themselves sureties In crimi-
nal case before United States Commissioner were
to nave been sentenced tor that offence yesterday,
but it was notified to the prisoners, on the appca-
tion of their counsel MIR. X. w. Waite, that SEN
tence would not be pronounced upon them until
Monday next
Quashing an Indictment.
Some time since an indictment was found against
John Washing and Sgmund Washing, charging that
they had committed acts OF fraudulent bankruptcy.
Their counsel, Mr.. r. G. NewcOmbe, went before
Judge Benedict and made an argument, showing for
several reasons tn8t the indictment was bad.
Judge Benedict has just filed an opinion sustaining
the views OF counsel, and quashing the first, Sec
ond, third, seventh, and eighth counts OF the In
totrn ant
The New York herald., 1873-05-06
COURT OF COMMON plsAs-spEClAl TERM.

Decisions.
BY Judge c. r. DAILY.
Stevenson vs.. Observation-Disclosures granted.
BY Judge LOew.
Greer VS.. Goud.--MOtion for leave to serve
amended answer granted on payment OF $40 costs.
The New York herald., 1873-05-06

Nv Indnaa Naiiann and 4

Ry Judges Nes0n and McCue.
Annie Farnan, Respondent, W.. Francis Feey.
AYpeliant.-Judgment and order appeaied frOni
affirmed. with costs to the respondent.
The New York herald., 1873-05-06
MARINE C0uAI-2ARI q.

Action for Brokers' Commissions.
Before Judge Curtis
Richard d. Morris vs. William H. Morrs.-In this
The New York herald., 1873-05-06

William Goldsmith, OF Coopcr's Hotel. was
charged by his employer, Jacob Van Nostrand. os
No 22t Greene street, OF collecting without autho-
rity the sum OF x4i and appropriating the sanc 20
his own use. He was committed by Judge COX. ~
default ol 5000 bail. to answer.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-18
THE TENNESSEE REPORTS.

From the Greeneville Sentinel and Reporter.
In the space of about as many months
we have received three several copies Of
petition to the General Assembly asking
for the republication of the Tennessee re-
ports prior TO the year 1861.
Now, we desire to Ssy emphatically that
we are adverse to any such proposition. 1t
may be diff ;Ult to get these reports; many
may be out of print, and the bar of the
State but meagerly supplied, yet we cannot
see upon what grounds of right this demand
is made upon the Legislature. Must the
State 60 into contracting business for the
publication of books for the benefit of the
legal fraternity of the State? Is the propo-
sition anything more or less than an at
tempt to make the State furnish the capital
for an immense book Job, which is to bene-
f. private individuals, who are
too stipgy to engage in the
work themselves? These reports
were printed in regular order and furnish
ed BY the State TO all parties legally enti-
tied thereto, to become part of the official
records of the Courts and Attorneys Gener-
al offices. If those books are missing the
State is not responsible for their replace
ment.
Lawyers should be permitted. to buy
such books as they require at will, and are
so permitted. If book needed by them
cannot be had, is the State in duty bound
10 provide for its publication for their &C
commodation? Certainly not.
The State is in no condition to embark
in such Pm undertaking at this time, even
If it were expedient. Witness the wrest-
lings of our Legislature with the giant OF
our finances. Who can safely predict the
future of the State credit? Where are we
to get funds to pay the interest due upon
our bonds; to meet the daily expenses OF
the Government, always heavy; and to in
augurate a public school system, now
sheer necessity? Shall we start another
drain to the treasury in the specious guise
Of this book job? We say, no!
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-18
THE NEW ISSUE.
The Case Before the Supreme Court
Protest Of Senator Coulter Against
Legislative Action I'm the Premises.

The Case Before the Supreme Court
Protest Of Senator Coulter Against
Legislative Action I'm the Premises.
The following is the protest of Mr.. ]. n.
Coulter, entered on Senate Journal OF Fri
day, against the passage Of Senate joint res
olution S5, requesting the postponement Of
a cause before the Supreme Court:
1. The powers of the Government are
divided into three distinct cardinal depart
ments-the Legislative, the Executive, and
the Judicial. The legitimate constitutional
business of the Legislature is to make laws;
that of the Judicial department is to con-
strue and enforce them-to decide such
cases as may be brought before the court
according to law, and this department eau
not, without violation Of the Constitution,
be in any degree under the control, direc.
ton or advice of the Legislature. Within
the spere of its action, the Legislative de-
partment can not intrude. Each in its
sphere is wholly independent OF the other.
The contrary doctrine is utterly subversive
of the fundamental principles Of our gov
eminent.
AS well might the Judge, clad in the Ger
mine robe" descend from the sacred forum
of that high court and dictate the character
of our enactments. The resolution re-
quests the Court 10 defer its decision and
suspend its action, In cause pending be-
fore il, that the Legislature may examine
into the merits of the case, or the ques-
tiops involved. This is not the province OF
the Legislature. 1t is wholly under the
jurisdiction of the Court, which is bound TO
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-18

the Marquis de Rsmusat this A. NJ, and
read to him Castelar's circular announcing
the establishment of the republic. The Min
ister says neither internal or foreign pressure
moved the National Assembly to declare
the republic; the people are tranquil, the
army obedient, the authorities calm. The
Government is resolved TO preserve order
at any price. It relies on the respec: of law
inherent In the Spaniards, and the fidelity
of the army. Spain possesses all the vir-
tues necessary for self-government. To
dispel false impressions and remove appre-
tensions, the Government declares that it
is resolved to maintain the organization of
the army, ami is resolved to maintain It's
authority.
Little Portugal.
LISBON, Feb. 1.-THE Government Or
gans officially deny that there is any move
ment in Portugal for the establishment of a
Republic.
VIII Cuba Initiate spafn?
NEW YORK, Feb. 1.-THE merchants
here in the Cuba trade shortly expect to
hear of a revolution in Havana, aud Cuba
generally.
The Roman Situation.
hOo1EJ OVs 1ts-hAuS NiObOI 4lnA0AuC4
visited the theatre Sunday evening and was
received by the audience with shouts Of
along Live the King of Italy and Anna
deos."
The Parliamentary committee on religi-
GUS corporations has decided to abolish the
houses of tbs heads of religious orders, but
to provide for the support of the heads
themselves, and their Naturalization for
the loss Of property.
Bishop MermIIIOd Expelled.
GENEVA, Feb. 16.-Rev. Mermillod hav-
ing declared to the Federal Council that he
was determined to exercise the functions of
Vicar Apostolic despite the prohibition OF
the authorities, has been sent to the French
frontier under escort.
Sequel to the NOrfieet Horrer.
LONDON, Feb. Is, 9 A. M.-The owners
of the steamer Murillo have brought &C
ton for libel against the Lloyds, Claiming
$4,000 damages.
The Highway OF the world.
MELBOURNE, Feb. 1.-THE Inter- Colo
NAL Postal and Telegraph Conference has
recommended the San Francisco route as
the most desirable for the transmission Of
mails between Europe and Australia.