davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-10-31
ALL-HALLOWEEN.

Tonight Is All-Haoween, an anniversary hal
lowed to most people by memories OF Joyful feast
ings and innocent revelries The origin OF this
festival Is unknown, byt 1t undoubtedly insti-
tuted In the period OF paganism. Some historians
however, have been content to derive It's obser-
vance from the Church festival OF All Saints which
occurs on the LIST OF November tomorrow. The
ideas that were associated in the past with
A-Halloween have continued to tinct the
sentiment OF It's observance even TO the
present day. Virgins have looked upon 1t as
time for dlvinatIon, and many are the methods
they have used, and yet employ, to evolve man
from obscurity and nothngness. They wheede
the disembodied ntegences, that are certainly
abroad upon this night, into becoming their aids.
Old housewives OF the Celtic stock will tonight
recite TO youthful feminine auditors how maidens
have had their spells 10 work harm TO them, In
stead steal, OF being q means 70 satisfy their
ae . IN the 70 ns
VIII be followed. Jenny will eat her
apple at the glass hopeful to view over her shoul
queer formations OF melted lead dropped into
water, Jennie Maggie and the rest or the girls
WIN augur the pursuits OF their future husbands.
Aterward the bevy OF females will flock out, each
with her mouth filled with water and one OF her
hands filled with salt, to run around a square.
sputtering screen, mutual clutching OF dresses
lot support and finally the retreat OF the mob in
noisy mirth, the man. who caused the CON-
motlon-being left to wonder at 1t. These
are the closing observances OF the evening, meet
only for maturing maidens. Before them the chill
dren VIII have "ducked for apples" and burned
their noses and creased their faces at "snap
appe;" and lovers have augured much about the
steadiness OF the "burning passion" from the
observances or All-Hallowr'en are harmless and
pleasing. and partly OF that same poetic kind that
lend mystery to st. Agnes Eve, when (as Keats
muse tells us)
Young virgins MIGHT have visions OF delight
And soft adorings from their loves receive.
Upon the honeyed middle OF the night,
III ceremonies due they did Alright
The New York herald., 1873-10-31
ALLEGED CHILD MURDER I'M BROOKLYN

DR.. Rockwell notified Coroner Jones yesterday
that he suspected young colored girl, named
Mary shepard, with having taken the life OF her
illegitimate child, at No. 500 East warren street.
South Brooklyn. The Doctor said that when the
child was born IL was perfectly healthy, and he
could not under the circumstances give certih-
cate OF burial. When he saw the child after death
the blood was oozing from Its nose and mouth,
ana he Immediately questioned the mother and the
people In the house about the matter. Their re-
plies did not satisfy him by any means. and he re-
fused to give certificate OF death, as they wanted
him to do. Yesterday afternoon the Coroner went
to the house, In company with Dr. Rockwell, and
the examination was made. Upon opening the
body there was positive evidence that the child
had died OF asphyxa. The lungs and braiu were
very much congested. The girl says she went to
sleep and when she woke up she found the child
dead. Coroner Jones has placed the girl under
arrest.
The New York herald., 1873-10-31
THE GRAND JURY,
dnvokfng Inquisition Into the Cond net
of Jurors-Overhnuling Court Omcers-
important Charge by Judge Daxis.

Important Charge by Judge Davis.
In the Court OF Oyer and Terminer Judge Davis or
the bench the matter OF the Tweed trial had
been disposed Of yesterday the Grand Jury were called
and sworn.
JUDGE DAVIS CHARGE.
Judge Davis then proceeded charge them addressing
them considerable length. He began with explaining
first the nature Of their organization and He next
enforced upon them the necessity OF not disclosing any
OF the secrets Of the Grand Jury room. Next in
order he charged them in the usual course upon the
relating the cxtortion illegal usury
lotteries violations Of the election laws intemperance
aud cmigrant swndling. From this he branched of q
new theme-he conduct of jurors and court officers
Upon this subject he spoke as follows II think there
VIII be laid before body complaints respect 10 the
manner IN which the duty OF petit jurors In this city Is
rs petit Jurors have allowed themselves TO be approached
l noauon Of law, aud possibly corrupted Now, gentle
men nothng s clearer TO every reflective mind than
ue fountains OF Justice are polluted Mt their
tns We are At the mercy Of crime fraud, OF all vfoa-
lions .. law ADOPTED by OF bad motives Of GRIM
inai IA enuencyi unless through the fundamentally
oi JuIorss VINO VIII honestly enforce the law uii.
Mmpered with by Interested parties we cannot rest
secure Every citizen OF your great deeply
~ .nls question, deeply interested in the
whether he whes seepy interested in The question
lusuve through the ordinary channels OF the law
whemer ne Is TO be at the " -
w,o ..u 49,, MERCY op pisHorysr JURORS
scu tuer Nerulct or who he
nuence9 by external csnsiderations n compients OF
Tue knu are Drought TO notice by the District At
torney As nave good reason 10 suppose they will be-
invoke your tu nvesuga the ca and N Won he
come satisfied that any Juror connected with any ease
OF Whatever Importance, but espccially with one
Snecuhx thc grave question @, ~. zion
The New York herald., 1873-10-31
COURT or GENERAL SESSIONS.
The Sailors Boarding House Keepers In
Court-Acquittal OF One OF Them ON .
Technicality.
Before Recorder Hackett.

Before Recorder Hackett-
Al the opening OF the Court yesterday John @. Wallace
who was indicted for a misdemeanor under the Of
1866 prohibiting from keeping sailor boarding
houses without license, placed at the bar. Mr..
John McKeon appeared for the defendant and Assistant
District Attorney Rollins for the people, This one OF
number OF indictments found by Grand Jury against
about forty sailor boarding keepers for an alleged
violation Of the act Of 1866 Early In the summer Mr.
mcheon IN an elaborate argument maintained before
Judge sutherland that the was unconstitutional Mr.
Rollins REPLIED and his Honor tho City Judge delivered
an aDe an exhaustive opinion declaring the law consti.
tuuonh Ihere was very little delay m getting Jury
yet some jurors were rejected upon stating thar fhev en-
erane1 preudices against men who kept sailor board.
Assistant District Attorney Rollins in open,ny Tho c a.
read the law upon which the Indictment was framaT
and said that the simple issue which Jury n,
was whether the accused kept sailor boarding house
without license. 10 show that Wallace kent snch
boarding house at No ~ Monroe on the sf of Ian
uary, 1879 John II: Pentz, John J. Doyle. Richard
Mr. Pentz testified that he went 10 Waaceis house re-
peatedIy TO procure sailors for voyages but on
animation he could not tell the dates OF his visits ana
unable TO menton the names OF Of the sailors he
Mr. McKeon at every stage OF the examination OF the
witnesses, interposed objections u the admissty VI
the evidence.
Rollins said that at that stage ofthe case he claimed
the prosecution made out pvna IIe against the
defendant who was bound 10 produce his license he
had IT.
Ills Honor the Recorder inmafed that TO enable the
Prosecution TO claim AZ should he cearly o.
sAoshod nat u,e Doard VI Lcense contemplated by
The New York herald., 1873-10-31
A MYSTERIOUS HOMICIDE.

Coroner Young was yesterday called to the
Charity Hospital to investigate the circumstances
attending the death OF Cornelius Flanagan, man
fortyeight years Of age, who died in that institu-
tion from the effects OF violence. It appears that
on the 22d inst. the deceased, while the corner
OF Thirty-fourth street and Broadway was Knocked
GOWN by an unknown man, who jumped on his
abdomen with all his weight, after which he made
MS escape. Deputy Coroner Marsh made post
Flanagan died from peritonitis following rupture
o, the bladder, the result or the injuries received.
ine matter has been placed In the hands OF Cap
LAIN Mctuilagh, OF the Twenty ninth precinct, who
WIZ make every EFFORT In his power u arrest the
guit' partJ aud briug him 10 Justice.
The New York herald., 1873-10-31
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.
Criminal Proceedings.


Judge Benedict sat In the United States Circuit Court
yesterday and proceeded with the despatch of criminal
business
TRIAL DENIED.
In the of Bott and Whitehead, who had been con-
victed of sending through the mails article intended
and designed to effect immoral purpose and on whose
behalf motions had been made tor new trials, Judge
Benedict denied the motions and stated that judgment
must be rendered upon the verdicts
THE CASE OF CHARLES cAiLENDER-rnE OCEAN NATIONAL
RANK
The case OF Charles Calender was called. He Is In
octed for having, in his capacity OF bank examiner
made false and untrue report regarding the affairs and
Mr.. Purdy said he understood from Mr.. Joseph Bell,
counsel defendant that the trial of this case would
Mr.. Beil-ir win take some days
Mr.. Pnrdy-The District Attorney Is engaged before
Judge Woodruff trying another He il therefore,
unable to-day 10 attend to this case.
Mr.. Believe desire to be understood as saying that we
The Judge-I suppose tho must go for the
CASE WILLIAM N. cRAHAx-rHx wALLKrLL NATIONAL
BANK.
bezzling funds OF the Wakili National Bank called
Mr. Purdy stated that he supposed this case would have
case went over accordingly
GRAND JURY.
OF the gentlemen summoned on the Grand Jury but
sixteen attended The Judge discharged them until this
morning and stated that those had not answered
should show cause why they should not be fined $50
TRIAL ALLEGED coUSrERrxrrrR
ment charging him with having his possession nifty
cent counterfeit currency The government alleged that
bogus modey and gave false names to the otcer who
arrested him These allegations having been proved,
the defendant convicted and remanded for sentence
ALLEGED PERJURY.
oscar WanwTght was put upon trial on an indst
owned certain house In Broome street in this city The
as m 70 bY him % senre Uni sbed and
related 10 matter OF bail The had not concluded
at the rising OF Tie Court II will be resumed this morn
The New York herald., 1873-10-31
COURT Of OYER AND IEaEISER.
A Gagged Lion Breaks Through His
Prison Bars.

Before JudRe DAVIS
Wesley Lyon lawyer of this city, For the last three
days he has been prisoner in the Tombs- Wishing
obtain release from his "durance vile he the
services Of Mr Edmond z Price, and the latter applied
yesterday before Judge DAVIS for his discharge
on bail The circumstances leading the and in
carceraon OF lawyer Lyon recited by Mr. Price
heretofore published In the HERALD. James Crasson,
actor in the Theatre ComiQue had stolen days
from his room at No leo Bleecker street $270o In
railroad bonds and other securities He advertised in
the HERALD offering $50 reward tor their recovery:
Pursuant 10 note written by Mr. Lyon he called at
the istters Office and Mr. Lyon insisted on larger
TO give and here the negotiation stopped Mr. Crasson
did not let the matter drop here however but went be-
fore Judge Downing at the Tombs and stated the cir
cumstances this judicial functonary. Mr.. Lvon
requested, through the mild medium Of subpoena, TO
step around and explain matters which he did and
thereupon Ju1ge Downg committed him 10 cell In the
Tomb speedy examination, as alleged. being denied him.
as also ball. Mr. Price said that Judge Bowling Kept put
ting of the examination. and meantime kept Mr.. Lyon
locked up with murders and thieves in the Tombs He
insisted that offence had been committed asked
that Mr.. Lyon be discharged Assistant District Attor-
ney Lyon opposed the application then Mr. Price
asked his discharge on bail in which he was successful
$500 being the bail required The bail speedily
nished and the Gagged Lyon let loose.
The New York herald., 1873-10-31
TWEED'S TRIAL.
Adjournment OF the Trial until After
Election-The Defence and Specula-
tfOns as 10 the Result.

According to the previously arranged programme the
trial of VIM NJ Tweed follow the heels that
of Stokes At the assembling Of the Court of Oyer
Termner yesterday morning Judge Davis the bench
Tweeds reainue of counsel put in prompt appearance
The District Attorney and his corps OF special assistants
were, likewise, puncually in attendance. There was.
however, much OF crowd present showing that the
popular interest in the tate Of the Boss does not come
up the excited standard OF that exhibited in the OF
Stokes
As soon as the Court was opened Mr. Phelps said he
ready 10 the trial OF william N. Tweed pur-
suant to the notice already given.
Mr. Fullerton said they ready their side 70
ceed with the trial. but he suggested that II would prob
ably take some time 70 get jury, and II they commenced
then the days OF session would be broken there
being Court saturday and sunday and then there
would be another break on election day say nothing
considered he thought IT best 10 postpone the trial till
next Thursday.
Mr. Bartlett added that the coming election was i'm
portant one involving the choice of several Judges He
thought they would be too much interested in the results
10 enter on the trial the day.
Judge Davis--l was not aware that such exciting i'm
porance attaches to the coming election.
Mr Barueu-Itnas not the exciting importance to Your
Honor the election a year ago had. Laughter)
Judye Davis-Wen, perhaps not
her some further discussion IL finally arranged TO
n1 next wednesday for the beginning OF the trial
I'll understood that In the the same line of
efe are plenty who claim TO possess in sufficient quan
uty the git Of prophecy 10 forete the result fIese
prophets all say there will be another and
mat there the matter will DROP
The New York herald., 1873-10-31
NEW YORK HERALD FRIDAY OCTOBER 81 1s7s-TRIPLE SHEET

section OF the was organized according IS provf
sions. which proof had not been furnished
Mr. Rollins then called Charles O. Duncan 70 supply
this link In the chain OF evidence 80,
Captain Duncan aaid that he United states snip
ping Commissioner for the port OF New York and was
President Of the Board OF Commissioners for licensing
sailor boarding houses tor year when IL was oIis
nay formed. and then again from 1859 70 the present
Mr. McKeon contended that the witness was sVihns
secondary evidence OF his appointment and that tne
separate corporate bodies named In the act Of e wnoe
duty to appoint the Board must be shown 70 nave
appointed the officers at legally constituted meeting
M Rollins claimed that the fact that the gentlemen
composing the Board met and issued licences was Pr10
Jdce proof of its appon tment and legal existence
The Recorder disented from the views OF the Dsrict
Attorney and while expressing regret that the prose-
cuon failed by the preoi In this case to vndidae such
wholesome law he Instructed the jury TO find verdict
OF not guilty the ground that the People did not show
that the provisions the act complied with IN the
appointment of tho License Board.
Wallace was discharged.
The New York herald., 1873-10-31
UNITED STATES SUPREME COURT.
WAsursGros. Oct. 10 ls7,

WAsHISGroN, Oct. 80, 1873.
No So American Wood Paper Company VI. Fibre Dis
ntegratng Company-Appeal from the Circuit Court
the Eastern District Of New YorkThe Wood Paper Com
pany Of certain patents for inventions for the
of paper pulp and paper from wood straw
and other vegetable substances brought suit against the
defendant company restrain alleged infringe
ments ove separate patents capable Of being used
having been 50 used BY the defendants The answer was
O general denial of all Infringement denial OF the
iidty OF three Of the patents the ground Of
novelty in the nvenon adenia OF the validity Of
tain reisued patents the ground that they were not
granted Tor the same invention the original patent
The decree for the defen company all tn
but and that ii adudged there had
been infringement but the defendants had made
profits from the infringement damages were al
lowed From this decree both parties appeal and the
same questions are presented
The New York herald., 1873-10-31

! urrsntiy invoke your attention to that case In
nuence hereafter Of justice, and
der Infinitely purer than there reasons TO tear
has been OF late. Complaints also may pe made OF ON
GERS connected with the Courts whose duties bring them
In connection with Jurors I sorry " say thst In
some instances probably those
not or,v otncssSs Psnno,spED 5nn DuIrS n SS.r,nr
them but by their own direct completely with the mis-
before you you certainly ought give the Courts op.
portunity to vindicate the law BY their punishment
Is criminal contempt Of the Court for Jurors 9f tos
Just alluded They also not only punishable In tnat
form. bat they sre
The District Attorney will call your attention 10 the
particular statutes without my OBTAINING you now ~
reference them, and IL cases are laid before YOU w
an offence has been committed All wish to say with
ont attempting influence your views IN respect 20 a
particular s that such are ~ hycS ycS
the maintenance OF the law Is more imporan. man IA
any other city OF our great country you owe y 70
he community in which you 1--we; nyrS yon ows sse ws 70
iairly and impartiay, TO see to- n that n.nS NO
guilty OF an ..,S offence 70 which f,ilars
OF yours to give the opportunity for his trial
need detain you with any further remarks have
this subject You will probably not be detained very
long the discharge of duties AS Gran Jury mas
Just risen who have had most OF ne reoen, nr sb
circumstances that you cannot from unie W unio
adjourn"
The following are the names OF the Grand Jury:-Mr
John II. Hall foreman; Alfred @. Hoe. Charles Quin,
David Hoyt James dibson stephen G. Bsrnqm, Edward
y. Mckenzie, Even Mcintyre, William whitewrght Jr,;
Bernard Murphy, John O. McGarthy, William H.
Stewart John HERMAN Richard Hennessey, Peter @.
Baker, John II. Draper and Allan CAMPBELL
The New York herald., 1873-10-31
JEFFERSON EAEEET POLICE COURT.
A WARM Proceeding.

About three O'Clock yesterday morning onicer Sui
van, of the Twentyeghth precinct passing the
Bedford and Carmne observed that the
basement door under the drug store of Dr. Thomas G.
Knox. located at that point open. He descended,
and entering found blazing fire in the furnace and
evidences of great disorder about Upon searching
through the rooms he discovered negro named WI;
liam H. James, secreted in the cellarway and arrested
him. subsequent examination of the premises by the
Doctor showed that the prisoner had knded the re IN
the furnace, using for that purpose such infammablc
articles as he found in the room Among them was hle
tor the past nine months which had been
of retors Evidences OF burgarious entry were per-
ceptibe the door. The prisoner taken before
Justice Cox at the jefferson Market Police Court and
committed for examination.
The New York herald., 1873-10-31
ACTION AGAINST GENERAL BUTLER
"Reminiscences OF the War-Miiitary
Rights During Martial Law.

Rights During Martial Law.
Yesterday the OF William A Britton General
Benjamin Butler for trial in the United States
Circuit Court before Judge Woodruff. The action
brought SIS being the alleged of
drafts which the General claims to have conhscated
in his capacity Military Governor OF the Department
oft Gulf 1t is set out in the declaration that the drafts
in question seized and conascated without any
thority law The defendant pleads the general issue,
stating that the 18th OF September 1862 when he
Military Governor Of New Orleans outline OF the pick.
cts federal army captured who secretly
making his way into New Orleans from confederate terri
ness in Natchez Miss, upon arm IN New 6resns The
in Of and
took Of the s. snd h
proceeds the to be placed in the Treasury OF the
have duly IL hm
ercia intercourse between the state Of Mississippi and
Ssw Sss Orleans WAS and nd this being The
the drafts Were subjects Of conscation especially as
Gated * the wi Of The connandins general without
property the United States and the amounts Tor which
Bank New Orleans By the a a 'is the
The gSyernmeps and turned ovor. as already stated to
b. p
briefly 70 the character Of The he said he
a q s S a an1y e q ad pa % Of
the and it was up in his accounts which
The counsel for the defendant the District Ator.
ney and Mr. John E Devlin, and for the planuf Mr..
Wheeler
the District Attorney submitted that there coud be
recovery in this as against the that there
proof that at the time of the dissolution
partnership Of " Britton Co. f it vas dissolved,
the Citizens BaRk, ae also claimed that there
Of which the drafts were paid paid belonged dd0 to ". W.
e1 a a TR HAVING whIsn pa os as
ward other matters by way defence the District At
torney observed that he finally claimed there was no act
done In this by General Butter for which he could
be held responsible at any time BY Court whether
the statute Of limitation nad run out not In the
else OF his military he could be held RESPONSE
BILE by any Of the ordinary tribunals Of the country II
was laid down in the third volume OF "Phillimore
tienal Law lsecond edition. page ia that if
thait the property OF an enemy whether OF state
OF individual municipal Court Judge the
proprety Improperly of the seizure General But
Ter acted in this with the express sanction the
government to whom he had accounted for the money
in question.
Mr.. Wheeler heard on the other side at some
length He said that suit was not brought for the
seizure Of the checks They had right OF action
the checks but he did claim that they had right OF
action Tor the collection Of this money by General Butler
IRON the Citizens Bank Of New Orleans After con-
SIDERABLE argument the Judge took the papers reservng
bis decision
The New York herald., 1873-10-31
COURT or COMMON pLeAs-SPEClAL TERM.
Attacking o Chartered Right.
Before Judge Robinson


The impression has abroad generally that there Is
divine human law that by any possible construc
tion implication apply to the subject umbrellas
An umbrella making firm, who indicate their man uac-
by FIVE pointed star with the figures 40 in the
centre. supposed that there law that would pre-
vent another firm OF umbrella makers indie atiug its
manufacture by sunburst revealing in resplendent
lipht the figures ls2 An Injunction accordingly OBJ
taned by the former against the latter rm the parties
Davis Andrew NJ Davis, enJoining the latter from
making any umbrellas bearing the sunburst mark
The occupied several days the plaintiffs lawyers
being Messrs Buell. and Bangs and the deiendsns Mr.
thus re esisting bold attack upon chartered right ana
thus making II clear that the common belief that um
breas are without the pale OF law fundamental prin
cpe in ethics based alike on common sense and common
The New York herald., 1873-10-31
More "reminiscences Of the Military
Rights in War Times Called in
QucstiOn-The General in
His Own Defence.
TWEED'S TRIAL.
Adjournment Of the Trial Until After the
Election Boss To Be Again Ar
raigned-The Grounds of De-
fence and Speculations
as to the Result
important Inquisition for
Grand Juries.

The trial of William NJ. Tweed, whichft had been ar
ranged was succeed that of Stokes in the Court of
Oyer Terminer did not begin yesterday after all
Mr. Tweed's retinue OF lawyers was promptly hand,
ready with the trials the District Attorney
ready Judge Davis ready, but the mention
of election day evoked multitude OF objections 10
ering the trial yesterday, and after discussion.
II finally agreed to postpone the trial till next
Wednesday.
new Grand Jury selected yesterday for the Court
OF Oyer and Termner Judge Davis in his charge called
particular attention the disclosing the
secrets of the Grand Jury against extoron Of
cessve fees by officers against usury lotteries violation
Of election laws intemperance and emgrant swndiing
Special attention called the conduct of jurors and
court officers. moro important charge TO Grand
Jury has not been delivered from this Bench for
time.