davidaulloa/AmericanStories huggingface dataset:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
usinsss Houses Destroyed by
Efrn

POTTsvILLE, Pa, July IA fire in
Mount Carmel, last night, commencing
in George Portier's building, destroyed
fifteen buildings in the same square,
comprising the business portion of the
place. The buildings were all wood.
Only one building in the square was
saved. Loss forty thousand dollars.
The insurance was principally in home
companies. Thirteen families were made
homelessn
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
Remark able Escape OF WOFkman-ChO
era DIsaPPearfnR from Kentucky.

LOUISVILLE, July 24.-The second
floor of the old Methodist church on
Market street, now being converted into
a store, fell in this afternoon, carrying
with six workmen. Singularly, all es-
capped with only slight bruises.
The cholera seems to have entirely
disappeared from interior Kentucky
towns recently afflicted. No deaths re-
ported in any Of them for six days.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25

MATAMORos, ,Uiq NEW ORLEANS, July
24.-The federal district court here has
pronounced an important decision favor
able to the importers of merchandise
from foreign countries in denying the
right ofthe government to collect duty
of one-half cent. per pound on goods
imported into the Zona-Libre. This de-
cision is based on the provisions of the
new tariff, and was made on the protest
Of the merchants of Matamoros against
the exactiOns Of this duty by customs
officials who had persisted in collecting
it. Although the former tariff, under
which it was previously imposed, had
been repealed, the effect of the decision
will be to extend the privilege under the
Zona-Libre, and is applicable through
out the free belt.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
sECOSD DAY.

MINNEAPOLIS, July 24.-The follow
ing special from Ft. Garry was in the
Tribune to-day: In the courtroom
to-day, point of law was being argued
on the question of bail, when Mr.. Royal,
counsel for the defense, crowded Attor-
ney-Geueral Clarke too close, and the
latter made disgrsceful exhibition of
his discontinue. Turning suddenly
from his desk, he threw a spit-ball into
Royals face, with the remark, "You are
a dirty puppy" The encouragement
was made to retract the insult immedi-
ately afterward. The friends have hopes
for an honorable decision, although it is
a matter of speculation,
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
Horrible Murder and suicide.

CINCIENATI, July 24.-E. Roberts &
Co, have commenced a suit against the
city to recover one hundred and thirty
thousand dollars for lumber destroyed
by the great coal-oil fire in June, on the
ground that oil was stored in violation
of city ordinance, and that they had
repeatedly requested the city to enforce
the law.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
eh Duel ON American Soil.

SCRANTON, IA, July pa French
man named Aubin, living at Wilkes
barre, and a countryman of his from
New York, fought duel with rapiers,
near Wilkesbarre, Wednesday morning
They fought over an hour, when Aubin
was wounded in the side. The cause of
the fight was French lady. The affair
is not finished, and will be renewed as
soon as Aubin RECEIVERS.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25
N usie or Blood.

NEW YORK, July IA desperate
fight took place last evening, in Lion
park, between the police and knights
of Columbia, who were holding their
festival. The former used their clubs,
and the latter clubbed-muskets In half
an hour the police proved victors, and
marched six of the knights to the sta
tionhouse. The fight was renewed on
the street-Uars, when the police again
triumpbed, securing the principal assail-
ants. The row was caused by the band
refusing to play longer than the contract
called for yVithnut adhitinnaI-nar
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-25

leaving nothing undOne which can pos
-ibly deepen the indignities heaped up
on the Americans. All strangers are
watched with suspicion. The passions
of the people are appealed to in every
manner. The probabilities of an inva-
sion from Minnesota are the common
street talk. The following from the
bulletin boards was circulated on the
streets last night: "Right or wrong,
can the law be enforced to-day. To-day
application for bail was made for the
kidnappers. Mr.. Cornish urged upon
the court that granting bail was only
putting
The New York herald., 1873-12-13
MARINE C0UnT--2ART 2.
Action on n Horse Warrantee.

Before Judge Rowland
Henry Langenback vs. John Malay.-For the third
time this tried yesterday. The PLAINTIFF in
March, 1872 purchased horse for sl75 which the de.
fendant warranted sound On driving the horse plaintiff
discovered he wind brokenr and brought his &C.
tion 70 recover damages. The action originally tried
before Judge Tracy since deceased but the complaint
bound TO return the horse. An appeal taken and
the judgment Of dismissal set aside On Friday the 5t
the again tried, and a verdict rendered In
plaintiffs favor for s22S lhis verdict was set
came up for trial before Judge Howiand
and fury. The plaintiff. wine merchant
horse secure gold dollar and several veterinary
surgeons and horse men were called, who swore tho
horse broken winded at the time OF sale The de-
fcndan denied that he warranted the horse sound and
said that he refused to warrant IL and that the contract
was made sunday The Court charged the Jury that
IL they found the contract was made on the Sunday,
the warranty which was subsequently given was void
n however, the contract made and the de-
endant warranted the horse sound as plaintiff swears,
the damages the difference between the value OF the
horse and In its uusound condition II they
satisfied II nsound The Jury returned verdict for
ancc.
The New York herald., 1873-12-13
UNITED STATES SUPREME COURT.

WASHINGTON Dec. II, 1878.
No Hl Davis Bilsand-Error to the Supreme Court
of Monana-This was action to enforce mechanics
lien claimed the defendant in upon building
and premises known the International Hotel, in
Helena, Montana owned by one Gcrmain and the Ques
ton arose in the for the property between Bills
land and the plaintiff in error, which prior and
paramount the title under the lien that claimed by
plaintiff In error under mortgage executed him by
tried proceeding in chancery, but without written
stipulation and request TO the Court to make finding
facts and IL is here contendcd that this not enttle
the parties TO here. In the absence OF such
spuiations and request, the parties, consenting to
waive Jury stand concluded by the judgment OF the
Court all matters submitted TO It. But II is
considered, then Is submitted the Court below erred in
Its rulings the questions presented X. Leech and IT,
Totten for plaintiff in crror j. H. Ashton and Wilson
for defendant
No. 27s Cray Rolo-Appeal from the Circuit Court
for the Northern district Of Illinois submitted under the
twentieth i'm this the appellee refused to allow
note OF Gray's, given Jointly with Gaylord which
had como into his hands assignee in bankruptcy of
tho Merchants Insurance Company TO be pad out OF in
surance due from the company to Gray firm, and this
proceeding was instituted to compel such adjustment
by the assignee, the appellant claiming the riqht TO
have the losses due and payable TO his firm OF against
cannot be set on against debt in another right that
Indebtedness Of Gray and Gaylord 10 the Mcrchants
Insurance Company cannot be set of npains the in
debiedne OF the company TO Gray and his partners
bus ness, Gray Brohers James s. Norton for appel.
Liant; a. NJ Pence for appellee.
The New York herald., 1873-12-13
THE OCEANIC STEAM NAVIGATION
COMPANY, LIMITED.
Important Question Affecting the Juris-
dictiOn of the Court.

Yesterday Judge Batchford rendered his decision in
the Of John Spencer Jones The Oceanic Steam
Navigation Company limited The facts OF the case
geher with the main points OF The MISUNDERSTANDING
the decision does TO important matters affecting the
Jurisdiction OF the Court-arc given bchow:-
This suit commenced in the Supreme Court or the
State Of New York against the Oceanic steam Naygs ton
Of Great BRITAIN. and other persons defendants to
v into s the H w tho
plaintiff Whereby they agreed to transport him and
corporation peiitioned the state Court or the removal
% e hs is s
in this Court copies 2, the the suit and
this Court an answer to the complaint filed in the state
mis- Court The plaintiff opposes the motion by ebectns
ss ss a BY
nes e y & q m e IS as sfcsn the act
@ s nae at sw IN N s Hss a
essm @ o may se % In n any Court other than
liability alleged liability such corporation or any
3 tie s% in wc b. has psns
70 the proper Circuit District Court OF the United
sr 5eas n or Rssn onsd Stating ysFass Ss
s e hdss edsr or any Or By w "a s
the United states and Offering good and sufficient
ss' 9 'S isssns ysss
9mss ~ SAID suit and doing such other
the causs Sa sSns Sy sas
ss q @ ana
rnI ptocccu no further In the suit and, the said
United States the suit shall then proceed IN ,,c same
manner as II had been brought there by original pro-
The petition nled the state Court for the removal or
ss suit sets iorn tha the petitioner corporation
ne Of the Act 81 Gonsress Go, passed 1851 entitled
&C. e y nie ,ns MANLY Of ship owners and other
insisted by the defendant that rs il is moi no
is % case h sg sS Of s s SnS ,sa
States follow the words banking Corporation tney
limit the latter words and DO not limit the word Cor
intention in the sentence had been 70 limit or qualiiy
the word corporation" in the earlier part Of the sen.
organized under law Of the United States otRer than
banking corporation and would not have been made TO
eerprso orsannd o Sc Umed
that the Language must be interprcted in rs ordinary
which have been chartered by Congress and are not
banking corporaions that the object Of Tho act to
ived except national banks the right to have defence
sring i under law Of the United states tired In the fed
the United States" is accurate expression only in
is applsal,ons 20 national Tanks, because they
srt"enh TneS Tnae general law Get Of June 1864
spoken 9i throughout The statute as being ORGANIZED
sn9 "ndcr sets s that other
"a SS%BBauS SSsnB Sresssd ss IF
July 1854 seeuon IS d sc5 SSJ hat r. "a AMI bis 3.
passed with an Ss especial f vie View q % Suy ssw
suit which had then been recently brought ssm IN
SSsTs and ss n r. q
removed into this COURT lFisk The Union facihc Rail
road Company Bstchf,rd. Q z. r, ses sss the Ian.
s 10 nona oSss s ss
bst the words In the act Of 1868, against which suit
Ae', msuiiesy qualify tho word corporation" whore Il
The New York herald., 1873-12-13

H6suElns sorSO.ston:" t6ss these wQrda .sgslns;s
eSHStiys e I've uD;,ss T e: TO.d
which ;sSs" a.: ,S1sslity tIs word .soTpoIs.ion
ized under law OF the United States qualify the
same word corporaton" and cannot qualify the words
word and 4 useless and has no meaning I, Is arher
the right of removal under 1868 TO bank
ing corporation ORGANIZED under law OF .
State and expressly Withholding such right from
na,iSnsl % bank After WHITING at eSnsaerass +, Length
must be entered denying the DEFENDANTS motion. and
stating that such denial proceeds solely on the ground
that this Court has OF the suit and also
dsmi:sng the suit for want q The contest
nee Involving also the OF The operation OF the
act of 1851 be determined on an interlooutory
motion il the proccedngs for removal have conormcd
TO the statute Such contest can te determined only on
formal peadngs and proofs IN THIS court
The New York herald., 1873-12-13
MANUFACTURING POLICEMEN.
Public Indignation mt Morrisanfa-
Politicians Preparing for the Future
An Epidemic of New Police OMcerg.

Public Indignation Mt Morrisanfa-
Politicians Preparing for the Future
An Epidemic of New Police OMcers.
As the day approaches on which the annexation
OF Morrisania, West Farms and Kingsbrdge to
the great metropolis Will be legally consummated
the politicians and oiIice seekers In those wnilom
country towns evince unusual activity in "nxingr
matters either for themselves for their friends
II Is safe to state that for every prospective position
to be hlled there are at least 40 applicants whose
individual claims, viewed from their own stand
point are unexceptiOnabe. Very little attention
however. Is paid TO the wishes or interests OF the
long-sunerlng taxpayers wherever point can be
trusted with municipal power.
garing instance oil this latter Indifference to
the wishes OF tina people, and one which has oc-
casioned widespread Indignation throughout
Morrisanla, was witnessed at a recent meeting OF
the Board Of Trustees In that place. This consisted
In the appointment OF 10 policemen TO the then
sldered by the trustees as being fully adequate
TO the requirements OF the town. IL is generally
understood that this unwarran;able proceeding by
the trustees In the eleventh hour or their official
existence, was adopted In order TO reward past
political services on the part Of tue appolnteee,
else 10 post we'll tried videttes In thc territory
where they will be expected to give good account
OF themselves by securing victorious results for
their patrons at future elections These expecta-
tons are OF course, based on the probability that
the Police Commissioners OF New York will
accept the force In its entirety, regardless
oil the moral or intellectual fitness OF the men,
some OF whom. 1t may be said, arc proprletors OF
low drinking places. different view or their fu-
tore police matters, however. is taken by the peo-
pie, who confidently look to the commissioners for
sucn an efficient force as VIII place their lives and
property on the same footing OF security as the
other wards OF the city may now Justly boast Of
In tie meantime the taxpayers OF Morrisania COM
plain loudly OF having 10 support the I'd new police
mcn Tor q whole MONTH wnlle the latter are walt.
police force,
The New York herald., 1873-12-13
ACCIDENT AND DEATH.
Threats and Intimidations-Illcgal Set
Element.

On the 10th OF last month Martin ODea, q child,
two and half years OF age, whose parents live at
NO. H2 West Twenty-seventh street, was run over
by horse and wagon driven by Charles Poppe q
German lad, in the employ OF Christian Lauritz,
doing business In West Eleventh street, and killed.
II ls alleged that after the accident the father OF
deceased waited upon Mr.. Laurltz and threatened
that II he old not give him 81 900 for killing his
Sing. O'Dea, however, came down In his price,
and finally consented to and did take 800. The
case came up yesterday morning for investigation
before Coroner Young, who then learned that 1t
had been settled. O'Dea, when questioned by
Coroner Young. said the killing OF hls child was
not accidental; but oh beng ASKED why he hal
settled the matter before the close OF the Cor0ners
inquest he Old not know what to say. Coroner
Young reprImanded O'Dea severely for his action
and as the witnesses were not present the Coroner
postponed the case till to-day, at the same time
directing ODca to be sure to have his witnesses
present and bring b0ndsman with him.
The New York herald., 1873-12-13
BUSINESS IN THE OTHER COURTS
UNITED STATES CIRCUIT COURT.
Motion for q Writ OF Habens Corpus
Denied i'm the Case OF Edward LnnSe.
B%fore Ju6pa Repedict


Before Judge Benedict
Edward Iapge was recently convicted In the United
States Crcui, Court of this district before Judge
dict OF appropriatns mail bags to his use and
fenced to yoars imprisonment and fine of $50 After
sentence had been passed by Judge Benedict he dis
covered that he had made mistake, the law the
offence In question docs not authorize the in
Fiction of poth fine and Imprisonment. 10 thercnpon
resentenced tho defendant 10 years Imprisonment
only but before the sentence thus amended the de-
tendant had complied with part OF the original sentence
by paying the amount OF the fine into Court Counsel
deenaant then applied to the Supreme Court Of tho
legality OF the edings arising upon the and
rescnence as above alluded to- and Wednesday last
the argument upon the motion for the granting OF the
writ took place in Washington before Associate Justice
Ward Hunt Mr.. A. II. Purdy. United States Assistant
District Attorney, appearing for the government Judge
Hunt delivered the following
The molten for habeas corpus Is denied deny the
motion upon the ground that the application should be
made to Judge or Court in the city of New York
the city OF Brooklyn. There three Untod States
Judges in those cities competent TO act in the matter
made to them wpon sn; the ease
nous in advising me that under such
ndiscreet T. issue writ corpus return
able before me IN the city of Washng;o and to pass
upon the question presented by it. Grave questions
arise upon the facts alleged. upon which express
ons Of Circuit Judges IN the Second judicial Circuit
under heir local uri tion should brought
foro one OF them Tor decision
The New York herald., 1873-12-13
CITY CeuRT-TRlkL TEaM-?kRT 2.
The Waliabout improvement.

Before Judge Nelson.
The Architectural Iron Works The City of Brook
lyn-The plaintiffs brought action FOR work done aud
materials supplied in building the walabout bridge
Messrs. Van cott Winslow represented the plainns
and Dewitt johnson. Corpora ion Counsel assist
the defendants The whole day in King
testimony and finally counsel agreed to dispense with
the jury and have Judge Nelson decide the questions
Lawyer Against Client.
Mr. Bankc brought an action in the City Court Of
Brooklyn against Mrs Bryant for his services
rendered for her in litigation she had with her husband
divorce The complaint described the real estate
by her. the action brought in the Supreme Court
against her by her husband for divorce the services
performed and the disbursements made by the plain
who was then in practice. The defendant claimed she
not liable. The action tried before Judge Neil.
SON who delivered judgment for plaintiff 81 aa6 &C. and
the sale OF her real estate by referee, and appeal
Appeals.
The New York herald., 1873-12-13

Grade Of crme the allegation being that on the 10Th OF
November he stole . pocketbook containing ss from
John Warren who, on the slst Of October. stole poeh
etbook containing - from Hannah McGrsth, pleaded
guilty 70 the minor grade Of larceny.
watkins and W arren each sent TO the Peniten-
uary FOR three months
An Acquittal.
Charles Harms tried and found not guilty OF enter
ing In tenement house. at No ~ Forsyth street.
the afternoon OF the ah OF November and stealing
broche shawl and lsdys suit little girl she
him coming from the roof with bundle in his
The deIenco proved BY the accused and a gentleman
named Brown that he was in Fulton street at the time Of
the alleged offence, apd having established his good
character the jury rendered verdict OF not guilty with
out leaving their seats
An Assault.
Genaro Coportino, who. the 18th Of November,
stabbed onicef Brennan in the back with a knife,
pleaded guilty 10 an assault with intent to do bodily
harm. lie was remanded for sentence.
The New York herald., 1873-12-13
SUPREME COukT-cRA!sBeaS.
Dccfsions.

by Judge Brady.
The People, &C., McGowau Green.-Ordcr denied.
Mayer vs.. Mayer.-Memorandum tor counsel.
Trustees OF the Episcopal Funds &c. Sheppard ct
al.-Mcmorandum for counsel.
Casanova VS.. Derby Coal Company of Pennsylvania
Memorandum for counsel
Egbert vs. Cruander, Jr-Memorancum for counsel.
Ryan vs. Connoy.-Moton granted or denied, condi-
tonay. (See memorandum.)
In the Matter ac. Petition Harlem Library to Va
cate Assessment &c.-Urder granted.
BY Judge Daniels
Ames ct al Redch ct a-Motion to vacate order OF
arrest denied with $40 costs.
Pendleion VS. Hughes ct al-Motion denied, nth $40
costs.
BY Judge Barrett
Hamilton ct al VS.. Halicnbeck.-Motiou granted
By Judge Fanchcr
Mutual Life Insurance Company 70. Salem and
Oters-Rcport confirmed and order Tor payment OF sur
plus granted, &c.
The New York herald., 1873-12-13
MARINE coURT--pART |.
Action to Recover Physicians Fees.
Before Judge Curta

William II Lewis VS.. William ]. Fish-Tbc plaintiff Is
physician residing in Jersey City. and he brings this
action to s5oo for medical services rendered In
attending the de fendaDs wife during her last illness
on the th OF April 1872 Mrs Fish taken sick with
the smallpox and died on the 2ith Of April During
Mrs Fish as times and remained by her bedside
six entire nights In January. 1873. the defendant
in the meantime having removed from Jersey City to
New York, plaintiff presented bill for 500 VIII ch defen
Plaintiff testified that he was physician Of the hom
pathic school OF medicine and had pracsed his profcs.
SION about ten years He produced, in support Of his
claim the fee bill Of one OF the medical societies Of which
attending small pox patients should be from 81 TO $40
visit and for remaining in attend ance all night from $40
to Sl5 The defendant declared his willingness pay
what is right and proper in the but considered $500
exorbitant charge for the services.
The New York herald., 1873-12-13
COURT or GENERAL SESSIONS.
Daring Robbery on . Brig in the Bay
Another One OF the Alleged RuHians on
Trial.

ROUOciy Oh DEIS my
Another One OF the Alleged RuMans ON
Trial.
Before Recorder Hackett
Yesterday afternoon william Dugan jointly indicted
with william Carroll, who convicted OF robbery
Wednesday and sentenced 10 the State Prison for 20
years, placed trial The offence Is charged to
men partially ,nt massted With loaded rsyolyers
he s given BY
which she repeated yesterday She positively identified
Carroll and Dugan as two OF the robbers The mates
na but they &c could M
ing at ten O'Clock.
Grand Larcenics md Burg larIes.
John Wood alias Charles Ruttcr who, on the 2st OF
november stole glass containing s1G worth or
poots The property Of Thomas Mcguire pleaded guilty TO
an attempt al grand larceny
mary Ann Costello. who stole gold watch and chain
vaueu AZ sio rom August Wcyman, at a disreputabIe
mouse IN ~ street. pleaded guilty 70 an attempt 10
These were Zach sent the State Prison for
Two yoS yo1b5s bssan ana snd sad %Snhs @sqn Mora.
convicted Of bureiariousy The bascmcn, J bn
Msr N9 na iss sSs wsshtnssSH to,ns street e d Of
premises They wore each sent 10 rententiary M nr
yembcr he stole and vest valued at $50 from james
Sp!lanc; The sentence was imprisonment in the State
Henry Wiimot pleaded guilty to petit larceny. N.
charge boins that on the 9th Of November no stole
sPss ssuSs % 6 6. s s w. q ~
Edward Watkins also pleaded guilty to that same
The New York herald., 1873-12-13
Decisions Yesterday.
CITY C0URT-TaIAL TEaM-?AaTL.
Alleged Wrongful Removal.
BEFORE Judoe McCue

Before Judge McCue
James NJ. Rowan VS.. Joseph Hendrickson.-This was
action of waste under the statute the plaintiff claim
ing treble damages against the defendant his tenant OF
the premises No. 2s Adelph street. for TIE removal OF
gas fixtures in the house. Defendant had formerly
owned the house and had traded 1t TO plaintiff for other
property and then taken lease. Plaintiff claimed that
in the the negotiations defendant had used Ian
gnaae expressive OF intention that the gas fixtures
sho uld with the house Defendant admitted that that
proposition had first been made but said that snbse
Guent!y the trade made other terms without ref
erence to the gas fixtures.
The Court submitted the case to the jury with the
statement that If there agreement that the Fix
TO with the premises plaintiff enti-
tied recover the value Of the xures otherwise their
verdict should be for the defendant.
The jury found Tor the plaintiff SlOD