davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-12-05
COURT or GENERAL SESSIONS.

A Cigar Manufacturer Convicted OF Per.
jury-He is Remn nded for Sentence.
Before Recorder Hackett.
The trial of Aaron Harris, charged with perjury,
was resumed and occupied nearly the entire day.
1t is charged that the cigar factory OF Harris &
Rosenbaum, No. o Hester street, was wiliully set
on fire upon the 5th OF September last and that,
upon the Fire Marsnal's investigation, Harris
swore that there was $4,000 or $4,000 worth of
tobacco, cigars and cigarettes in the premises at
the time, and that he was in Albany on
the day OF the fire. The firemen and insurance pa
troimen called by the prosecution all swore that
there were only lot OF empty boxes and few
cigarettes in the room where the fire was dscov-
cred. Mrs. Chopperield ana Mrs. Dreyfus, who
they saw Harris in his place on Friday, the day OF
tue hre For the defence OF the prisoner Mrs.
aad % YoK tesed W euu
tiveness. that they saw Harris in Albany on Friday
and Saturday, september and 6.
The Recorder III charging the jury, read the pth
OF the testimony OF each Of the witnesses who
swore to the small quantity OF scrap tobacco,
the few cigarettes that were scattered on the
moor and the empty boxes that were there, which,
no doubt, aided the jury In coming to speedy
verdict Alter lew moments deliberatiOn the
jury rendered verdict OIL guilty on the second
count OF the Indictment. which, IN substance,
charged that Harris wluly and corruptly swore
falsely the property that was in his establish
ment the day OF the fire. The first count charged
him with falsely stating that he was In Albany
npon the 5th oI september, and the Jury in this
Albany. He was remanded for sentence.
A Broadway Pickpockot sent to the State
Prison.
James Morton charged with stealing from the
person OF Charles Greenfield pocketbook con-
tanning $S, while in Broadway, on the Sth OF Octo-
ber pleaded guilty TO an attempt to commit the
offence. He was sent TO the State Prison Tor two
years aud SIX months
Assault and Battery.
Henry Wiebrecht pleaded guilty to assault and
battery Christina Wiebrecht in her complaint
swore that on the 9th OF August the accused fire
a revolver and wounded her in the arm. His
Honor sent him to the Penitentiarv Tor one year.
william nnsman, Jonn Flood and Richard Roach
were placed upon trial charged with assaulting
0ficer Leahy on the l7tn OF september The ofiicer
went to 0dell's stables in Twenty-ourth street TO
arrest Flood upon charge OF horse stealing. A
number OF witnesses were examined and the hour
being late the Recorder postponed the delivery Of
his charge till morning.
The New York herald., 1873-12-05
TIE PHELPS DEFALCATI0N.

Motion to Reduce the Bail OF Sherwin,
the New York Banker and Broker of
Phelps = Decision Reserved Pending
Submission OF Amdavits.
On the 18th day OF last October, within a day or
two of the discovery OF the defalcation Of Phelps,
the clerk in the State Treasurer's Department at
Albany, the broker, Mr.. +. Il. Sherwin, who was
then carrying on business at No. so Broadway, and
with whom Phelps had made large deposits OF
funds. claiming to belong to the State, and which
he had drawn out on his personal checks,
was also taken into custody upon
a charge of being in collusion with Phelps, was
placed In Ludlow Street JAIL and has been confined
there ever since in default OF $4,000 bah. mo-
tOn was made yesterday in Supreme Court. Cham
bers, before Judge Brady, for reduction OF his
bail
Mr. Solomons, on behalf Of the incarcerated
broker, made very lengthy argument. He went
over the whole subject Of the custody OF State
funds and the statutes as TO their transfer by
county treasurers to the Treasury Department, the
regulations as to endorsements OF drafts ana the
system governing deposits and checks. he claimed
that under these statutes the three particular
draits-tw0 OF $40, 900 each and one OF $4,000
in regard to which Sherwin was arrested.
and Tor the recovery of which the State has
instituted suit against him, were not State iunds
and that the suit therefore could not be main
tanned. HIS ground that the drafts have
never passed into the State Treasury; that they
were still under the direction OF the County
Treasurer, who bad forwarded them TO Albany !;
that Sherwin came into possession OF them as an
innocent party; that he paid out the money Tor
them TO Phelps snppOsing him to be the State
cashier. and that the latter, making the deposits
and drawing against them, he supposed was act
ing IN the capacity OF such cashier He dwelt upon
the hardship OF keeping Sherwin, an innocent
man. In custody. and asked q reduction OF hls
bail to $4,000, which he was able TO furnish, but
could not the amount at present required.
Attorney General Barlow made an elaborate re-
sponse. He insisted that the ground taken by
the opposing counsel ingenious but laliacious,
and by no manner Of means supported by the stat
utes he had cited All the transactions between
Phelps and Sherwin he claimed. warranted the
assumption OF collusion to defraud the State, and
in proof OF this he called attention to the latter's
bank account and also to the mystic kilograms,
heretofore published In the HERALD, about Charley
being dangerously sick, and al that, which very
fact went, as he alleged, TO show that they were
only notes Of warning of the impending danger OF
the discovery OF the deialcaton.
After some further argument it was arranged to
submit some aflidavits IN support OF the motion,
ard with such affdavits to hand to Judge Brady
al the papers on both sides Tor his final decision
The New York herald., 1873-12-05
BROOKLYN COURTS.

In the matter OF the order to show cause why
John Schneider, brewer, should not be declared
bankrupt. counsel for Mr.. Schneider yesterday ap-
peared in the United States District Court and
demanded trial by jury. The charge OF insolvency
is denied.
The case OF Kate j. Baytss vs. The Travellers
Insurance Company OF Hartford has been trans
ferred from the City Court to the United States
Circuit Court
Judge Benedict has given notice that Judge
Woodruff will hold United States Circuit In about
q fortnight.
The New York herald., 1873-12-05
IMPORTANT TO THEATRICAL MAN
Ayers.
The Proprietor of the Union Square
Theatre Sued by Plcssy Mordaunt.


Mordaunt vs.. shook.-This action was brought
by the plaintiff against the defendant, in the Ma
rino Court, Judge Curtis presiding, to recover
some $3.50 upon contract made between them, by
which painttfr agreed to act at the Union Square
Theatre Tor the season OF l872-73. The defence set
up is that the plaintiff violated her contract in re-
Gusing accept the rOie OF the Baroness IN 'Frou
FrOu." Tie plaintiff In reply, contends that
her contract contemplated that she was only TO
appear as ''eading lady, in the various plays pre-
sented, while the character OF the Baroness be-
longed TO the member OF the company known as
first old woman" and that her appearance IN
such part would injure her reputation with
other managers On the part of the defence it was
testified to by Mr.. Palmer, the treasurer,
when the painun applied for a position at
their theatre that sne disclamed any ambition TO
Take the y s5ng y ns mad
desired to fill the class OF character delineated by
MISS Morant at the Filth Avenue Theatre, and evi-
dence was also given by them TO the eject that
the Baroness was not necessarily an ''od
man" character, bat, rather, that OF dash!ng,
play makes raen su love- but ana by
no means or that class 0f widows which the "elder
'.U, weuea, . ned IN such Wholesome horror and
Wells, .'nrst old woman At Booths, was called by
plaintin to testify AZ to the class OF character To
which the Baroness belonged but threw no light
upon the character or upon the case.
Judge Curtis instructed the jury that the FIRST
oreacn OF the contract was on the part OF the
plalntin IN reusinf to accept the part allotted to
her, aud the question whether that refusal
was Justined by the contract. II she was engaged
TO play simply In the role OF .leading lady, and
the Baroness was a character not contemplaied
py the contract then she was justified in refusing
the part; ou. n she was not engaged as Heading
lady" anu tne baroness was part contem-
plated by the contract then ner refusal was ca.
pricious and Illegal 1t was q question of ,act for
the jury to say, rom all the evidence. what was
che real character OF the part. They must not
listen to any pleas Of counsel Tor sympathy for the
paintin on the ground that she was female bnt
decide the case strictly upon the evidence THO
Jury box was the sentry box OF justice. and jurors
could not decide against evidence without being
guilty OF moral perjury. The jury rendered yer.
dict In favor OF defendant.
The New York herald., 1873-12-05
COURT OF COmMCn plEAs1,TRAL TERM.

.
Before Judge LarremOre.
In his crusade against the women cleaners of the
City Hall and persistent refusal 60 pay them Comp
troer Green has at least SHOWN tho consistency or
tenacity, in making no shadow OF turning" from
his original position. Bridget Hogan and nine
others have been for long time trying to get pay
for four months cleaning OF the City Hall. their
bill amounting in the aggregate to SO, l50.
Tired oil opportunities and patience exhausted
they employed Mr.. Abraham r. Lawrence,
the newly elected supreme Court Judge to prose-
cute their ciam, and the result was bringing the
suits all in batch yesterday in this Court. Those
indefatigaDly sharp and technical assistant cOun-
sells to the Corporation, =. Dean and H. ]. F0rker,
interposed the stereOtyped defence that there was
no appropriation from which the claims could he
paid and no authority for their employment. Mr..
Lawrence could not have spoken more earnestly
or el0Quently had his clients been ladies Of the
highest social standing in the community. Judge
LarremOfe at once directed judgment for plaintiffs
made from the verdict to the General Term.
The New York herald., 1873-12-05
COURT OF APPEALS.

ALBANY. Dec. T. 1873.
IN the Court OF Appeals to-day the following
order was handed down
ordered that q term OF this Court for the year
1874 will commence at che Capitol, in the city or
Albany, on the third Monday OF January next.
Notice OF argument with proof or admission Of
service, must be died with the Clerk on or before
the 5th day OF January. 1874. only such causes
will be put on the calendar az shall be regularly
noticed Tor said term
Court OF Appeals Calendar.
The following IL the Court OF Appeals calendar
for December 5:-Nos. o5 l04, l22, 1913. lz5. ls5,
IZ9
The New York herald., 1873-12-05
COUNTY COURT.
An Assignee's Liability.
ppfnre lfl1ua MnOrn

Patrick Mcclure, grocer's clerk, brought an
action against Michael Kirwan, for seven weeks
wages at S12 week, $S4. Mr.. Kirwan denied that
he ever employed the plaintiff. The case was first
tried before Justice Morse, who rendered q ver-
diet for $50 SO. Mr.. Kirwan appealed the case to
the County Court, alleging that in July August,
1872 Thomas Mcclure, the plaintiffs brother, rented
the premises No. 6Sl Fifth avenue, and held 1t for
one year, but paid defendant no rent; that in June
last, Thomas Mcclure assigned all the stock in the
store to the defendant, VINO then gave the keys
to Patrick Mcclure TO run the store and look after
his brothers interest Patrick did for seven
weeks, when Mr.. Kirwan put Thomas Mcclure
back again in the store. Then Patrick sued for
his wages already stated on the trial Judge
Moore charged the jury that the transfer from
Thomas Mcguire to Kirwan left the latter the
owner OF the store, and IL they found that Patrick
Mcclure had been employed there, which Mr..
Kirwsn denied, he was entitled to his wages. Yer.
diet or plaintiff ior S17. For plaintiff Cement
and Crooke for defendant, p. Ready.
The New York herald., 1873-12-05
UNITED STATES SUPREME COURT,

WASHINGTON, u. C., Dec. 4, 1873
The following cases have come up in tue supreme
Court
No. l26. Kitcnen VS.. Royburn ct al.-Appeal from
the circuit Court OF Missouri bill was filed by
Kitchen to compel the defendants to convey 10 him
certain tract OF land in Mississippi which he
complained had been purchased by Royburn
with the proceeds OF certain railroad BONDS
placed In his hands by Kitchen IN trust
10 be used In the purchase OF railroad
land. but which, as alleged. Royburn had, without
authority, sold Tor money and with the proceeds
purchased The land In question, The defence was
that tnere WAS NO tIust. but The 0ondS were re-
The New York herald., 1873-12-05
COURT OF COMMON PleAs-spECIAl TERN.
DccisiORs.

by Judge Loew.
Dougherty vs. Observation-Disclosures OF divorce
granted and custody Oi children awarded to plain
TIL.
Quagliein VS.. Quagliein.-Judgment of divorce
granted to plaintln.
Marin VS.. NATURALIZATION granted.
Sheehy vs. Observation-Disclosures to strike out
demurrer denied.
Shufeldt vs. Crary.-Motion to amend undertak-
ing granted on payment Of $40 costs.
Frost vs.. Sturtevant.-Ihe bill OF particulars
should be amended IN regard to the items marked
by the Court.
Daniel vs. Lowenberg. defendant may ad-
NIT an additional afidavit.
Sayre Turnball.-M0tiOn denied, without
costs.
The ROckand County Nitr0-Glycerine Company
Va. sweet, Jr., Co.-The defendant IN the action
should be notified OF the application
Cunes vs. Franchaud.- Motion to set aside judg-
ment granted on payment OF paintif's taxable
costs.
The New York herald., 1873-12-05
THE POOR OF BROOKLYN.

There are $50 inmates at the Kings County Aims
house this week, being an increase OF 70 since the
preceding week. Work Is Stacking in street re-
pairs, and large humber Of poor men will be
thrown out OF employment this week and next.
The factories are running upon reduced time. The
churches and other charitable institutions have
organized for the winter campaign against starva-
tion which threatens hundreds OF the poor who are
without means to keep the 'wOlf hunger" from
their doors.
The New York herald., 1873-12-05
SUPREME C0uaT-ClRCWT.
Damages to Property.
Before Judve Gilbert

Damages to Property.
Before Judge Gilbert.
George Powell and Edward Kttredge, live IN
houses adjoining each other in Jefferson street.
Some time since Powell discovered that the waste
water from the bath tub In Kittredge's house
flowed into his tPOwells) cellar. loosening the
wall and otherwise damaging the property.
Yesterday Powell brought suit against his
neighbor and swore that he had frequently noti-
fed the defendant tnat the water leaked into his
cellar from the waste pipe, but the latter did not
do any thing to stop 1t.
The jury rendered verdict In favor of plaintiff
Tor $500.
The New York herald., 1873-12-05
SusEsIoa COURT SPECIAL ream.

by Judge Freedman
Metropolitan Gasiighv Company va Manhattan
SiarkeJ Company denied
"Carnes Va. Patt.-Order limiting amount OF un-
dertaking on appeal 70 So. 900
Kaiser w. Hlrth. h.--Deiendant granted an allow
ance oil $3.50
SammOn w. New York and Harlem Railroad
Company. Mendles0n w. stout, Goodman vs.. SJrO-
helm, Chapman w. 0'Brien. Shertfl-0rders
granted.
by Judge Sedgwick
Henderson w Henderson. Order referring cause
back 90 referee.
Grant vs. InylOr.-impIeaded demurrer to the
first, third aud seventh deiences oil the answer
not sustained; 10 the second, fourth. Nth and
sixth deiences sustained. (See deCslon.l
The New York herald., 1873-12-05
Robbed or His Clothing.

On Wednesday night q room occupied by Lewis
Davis on the third floor OF s73 Greenwich street,
was broken into and $40 worth OF clothing. con.
ssting OF 0vercoat. dressc0at and pants, stolen
therefrom. shortly after the burglary Oficer Ste
venS. OF the Filth precinct, arrested James Alien
and George Barkley with the property In their pos
session. The officer also found on tue prisoners .
lot OF false keys and small jimmy. Judge Bixby,
before whom they were arraigned yesterday, held
them in 81 900 tail each to answer,
The New York herald., 1873-12-05
CITY C0uRT-SpECiAL TERM.
Decisions.

By Judge Nelson.
Towley VS.. Terry.-0rder that plaintiff may dis
continue without costs.
Comlns vs. Snelley.-Order granted as to surplus
money.
Zarht VS.. Zarht.-Cause referred for trial.
Ferguson vs.. Sheffleld.-Deience set aside.
Hochklss vs. NEUTRALITY-SUSPICIOUS. dismissed.
Scheier vs. WewO0d.-DefauIt before referred
set ASIDE conditions annexed.
The New York herald., 1873-12-05
THE COURT
The Phelps State Treasury Defalca-
ton Implication and Arrest
of F. r. sherwin.
Action Against the City to lie.
cover on Contract.
Important Decision by Judge Curtis,
on Theatrical Contracts, in
the Marine Court.

James McNulty was yesterday charged before
Commissioner Shields with having committed
fraudulent acts of bankruptcy by obtaining goods
under false pretences from Messrs. Fairchild
Shaw, dealers in felt hats The accused was held
ia 81 900 bail for examination.
The New York herald., 1873-12-05
w. Williams. s.--Measorandu

williams w. Williams. memorandum for
counsel. fsft
Tiffany 90. w. Fearing.-0rder granted.
By Judge Brady, 0
Corsa va. Young ,ood ct aL--Aiiowance OF t5o.
Earle w. C0burn.-Judgment granted.
Gordon Va Van Orden. Motion granted and
cause set down The I'D OF December. 1873 Part
The New York herald., 1873-12-05
Tomss POLICE COURT.
Before Judge Bixby.

stJohnny the Crock" Again.
AS Oliver Ackiey. lawyer. doing business at 80
Broadway, was riding through Oliver street on
Wednesday night on a Second avenue car. he was
robbed OF his pOcke etbook. containing sale key
and some money. He was surrounded by three or
four rulllans who jOsted him from one side to the
other. One OF them, whom he suspected had taken
Oficer Mutually. OF the Fourth precinct. The pris
oner proved TO be the notorious John Keefc alias
'JOhnny the Greek." He was arragned before
Judge Bxby yesterday and held IN $1,000 bail to
The New York herald., 1873-12-05
BUSINESS IN THE OTHER COURTS.
SUPREME COURT CHAMBERS.
Decisions.

BY Judge Barrett
Scharer vs. Ferris ct nj. Order settled.
Voorhies ct al. w. Olmstead et al-Proposed case
and amendment settled.
The New York herald., 1873-12-05
TO LET FoR BUSINESS runposns.


A rrrsrloH
NOW READY 70. OCCUPANCY.
NEW FIREPRoor BUILDING
FULTON. NASSAU AND ANN yrnEEra
ELEGANT OFFICES AND LARGE VAULTS TO
RENT IN THE ABOVE
FIREPaooF. WE'LL LOCATED BUILDING BEING
IN CLOSE PROXIMITY TO THs
CITY HALi. THE COURTS. rHE POST OFFICE.
&C. &C
OFFICES SUITABLE FOR LAWYERS BROKERS
BANKS, INSURANCE COMPANIES. 40. &c. CAN BE
HAD. siNGLY OR EE SUITE. OF ANY DESIRED
SIZE. FROM iOxR FEET TO s6xS7 FRET. AT 800.
ssoo $500 AND UPWARD 10 $1,000 ACCORDING TO
SIZE AND LOCATION
TaE ABOVE BUILDING IL
COMPLETELY fiREpR0OF
READY FOR OCCUPANCY.
HEATED BY STEAM. AND HAS TWO FIRST CLASS
PASSENGER ELEVATORS AND ALL MODERN I'M
PRovEMENT5
RENT or SMALL OFFICES.
The New York herald., 1873-12-05

VALUABLE VAULTS FOR STORAGE PURPOSES.
ALSO OFFICES FOR BANKING AND OTHER pUR
POSES ON FIHsr AND BASEMENT FLOORS.
INQUIRIES TO BE MADE OF a
The New York herald., 1873-12-05

NEW YORK HERALD FRIDAY DECEMBER s. 1ss-TRPLE SHEET
The New York herald., 1873-12-05

RENT or SMALL OFFICES.
The New York herald., 1873-12-05

CITY HALi. THE COURTS rHE POST OFFICE.
The New York herald., 1873-12-05

rIREpaoor WE'LL LOCATED BUILDING BEING
IN CLOSE PROXIMITY TO TUs
The New York herald., 1873-12-05
NOW READY FOR OCCUPANCY.
NEW FIREPRoor BUILDING.

ELEGANT OFFICES AND LARGE VAULTS TO
RENT. IN THE ABOVE
The New York herald., 1873-12-05

orr PER MONTH FOR SMALL NEAT THREE
- - story high s!cop House, with modern improve
nen gcnteel neighborhood, at 1856 West Tenth street.
none but epectable immediate possession. To be
from 10 to T. NJ.
The New York herald., 1873-12-05

T,o LET IMMEDfATELY-THE FINE BROWN STONE
House l6s East Seventy-eghth street between Third
and Lexington avenues. at very moderate In
quire owner, in drug store sevenyninth
Third avenue.
The New York herald., 1873-12-05

THE UNDERSIGNED RESPECTFULLY INVITE
i those desirous Of investing In Agricultural, Coal
Iron Timber Lands 10 examine their Register. We
have very attractive list Of such lands for sale Nom
resident of lands who wish TO have report
made Them to have their taxes attended 10 ana
paid, do so through this Registry as we have cor
ar all the counties of the different
states AMERICAN LAND REGISTRY, IL wall 81.
The New York herald., 1873-12-05

ITO LET-uNrIL NAY OR LONGER THE SMALL
but complete House, No. ~ East Twentyseventh
street, Madison avenue, rooms, all improve
mens and in fine order; rent at reduced figure. Seen
from ii 10 3.
The New York herald., 1873-12-05
BUSINESS oPpOnrUnrTIEs.

A CONTRACTOR AND MANUFACTURERS SUP
N plying the American and European g0vcrnme nt-
with the principal home and foreign markets requires
partner Of genuenlanly character, with 5000 to
SO 900 assist in the OF the United States
departments lucrative business Address ENGLISH
MAN Herald Uptown Branch Office
A CAPITALIST DESIRING TO INVEST CAPITAL. IN
n new mechanical propeiiing power, without coIie-
sion, for by water aud land by addressing
f. Herald Office for rtiicr information will be iinne
diately attended to.
The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1873-10-02
Coror.ao--yo pr.e. for Poo, Men.

A writer To the RanSa, City Times sounds a
note of warning with Tefcrrnce tu an iEdiscrimi-
nate emigration to Colorado. He SAYS:
No poor man with family has auy business
i'll Colorado without home 10 20 tu or means tn
secure "ne rs soon as he arrives there. The in
dncemenIs oiir'ed to poor people are mcagr,.
indeed, and the writer can assert from actual oh
srryation that during the present SUMMIT there
mas been more real want and suffering felt in
Colorado than in any Western State. This has
beer caused by fault of the country itself or
fr"m the people residing in it. but has been ere
atrd by the unprecedented immigral ion " bicb
has been pouring into the Territory from all por-
tiOns of the world. Colorado has a boundless
expanse of unoccupird dry. sandy plains, which
are open To settlement. But these broad acres of
alkali sand plains rs dry as kilndried brick
for six or eight feet deep To render these lands
"f any value tn the Farmer they must be irrigat-
cd and the water brought from ten to fifteen
miles III ditch from the maintains
Thousands of einigrants who have gone to Col
nrado passing over the fertile acres of Kansas
have found on their arrival in Colorado that in
order to get hume in the new land they must
either pay such prices those who have dug
ditch above a certain section of cnuntrv demand
or JOIN with a colony or company and ditch
themselves. Thus, for example, il a settler would
locate in any of the settlements north of Denver.
and south of the Cache la Pondrp, he must he
prepared to pay from so to SlOO per acre, and
from 81 to 81 per square inch for water for his
land; or If not beneath the ditch he may take up
land at government prices