davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-11-02
TIE GnEEN.F0LEY FIGHT.
A Knock Down for Green.

Knock Down for Green.
The Injunction fight between Foley and Comp
froner Green was yesterday again renewed before
Judge Barrett, IN supreme Court, Chambers. Foley
came up TO time looking very confident after hay
ing drawn the first blood in the matcn OF the pre-
vious day. Green played OF well and finally threw
In heavy blow, resulting in knock down OF
Foley.
Corporation Counsel Smith said that the papers
In the case were served on him ouly three days
ago and he had not had sufficient time to examine
into the merits OF the case. AS to the clerks
whose salaries were sought to be stopped he
claimed tnat they clerks in the Comptroller's
ONCE whom tue Comptroller mad the right to ap-
point and pay; That they were entitled TO their
salaries and the same should be PAID out OF the
Mr.. Dyett said that it was distinctly charged in
the complaint that these clerks were no. the
clerks OF the Comptroller, but that they were ap.
pointed by the Comptroller and the City Chamber
lain In colluson, to perform work which should be
paid oct of the latters salary He insisted that
unless afldavlts were submitted IN substantiation
OF the Corporation Counsers statement they
should not be paid by the Comptroller.
Mr.. Smith urged that the clerks were innocent
parties and had done no wrong but simply the
work assigned them, and were entitled to their pay
Mr.. Dyett said that the Comptroller had never
yet objected TO anybodys salary being held back,
but put every possible obstacle in the way OF their
getting II, from washerwoman to a Judge. Now,
when IT was sought to prevent Tor lew days
some OF his own employees from getting their salary
he becomes alarmngly tender aud 81 mpathetlc.
The Comptroller objects that Mr.. Foley seeks
To bring sloveny, unwecome corse
Between the wind ana his nobility.
After some further argument Judge Barrett, who
seemed at nrst inclined 10 restrain the payment OF
the salaries, decided that they might be paid mas
much as the Comptroller, who appointed and paId
them, could be held responsible to the city II there
was any illegallty In his conduct in the matter.
he also gave the Corporation Counsel TO the 1lth
INST. to prepare his answering papers.
The New York herald., 1873-11-02
ARMY INTELLIGENCE.
An Indian Attack on Citizens Near Lost
Creek.

An Indian Attnck ON Citizens Near Lost
Creek.
WASHINGTON, ID. c.. Nov l, 1873
Lieutenant Colonel NJ. ID. l.. simpson, Assistant
Commissary General OF Subsistence, has been or
Military Division of the Atlantic for duty Chief
Commissary OF Subsistence OF the division. Major
NJ. K Morgan Commissary OF Subsistence, has
been ordered to report to the Commanding
General OF the same department for assignment to
duty as Depot and Purchasing Commissary OF Sub
ststence at New York city. Major Thomas j. Har-
rls has been oroered to report for assignment TO
duty at Boston as Purchasing and Depot Commits
sary OF Subsistence.
Colonel w. H. Wood, commanding at Fort
Richardson, reports to the headquarters OF the
army that four citizens who were encamped on
Lost Creek, about 6OO yards from the parade
ground, were attacked on the night OF October
by party supposed to be Indians. and one OF
them, Mr.. Edward Farrell, was mortally wounded.
The attack was made for the purpose OF stealing
horses, but as the citizens returned the fire the
Indians beat q hasty retreat The wounded man
was taken to the post hospital where he died
O'Clock. The next morning party OF troops were
ordered In pursuit of the Indians. Information
had also been received that the Indians had stolen
horses at three different places Carroll's Greek
on october 10, who are supposed to be OF the same
party which made the attack on the previous
night Colonel WOOD says:-"I have never known
the Indians In their raids in this section OF the
country to be 80 numerous, desperate persist
ent as they have been within the last four OF tive
weeks.u
Sergeant Cooper, a member OF Company X, Twen-
ty-hfth infantry, reports that an attack was made
much damage, on Octooer 2, by party Of Indians,
and that they were driven OIL.
The New York herald., 1873-11-02
UDDERZGOK'S TRIAL.
The Prosecution Producing Evidence
Identifying Goss nd Tracing the MUIR
derer r. The Insurance Authorities in


WEST CHESTER, Pa, Nov. /, 1873.
Franklin Mills, fellow boarder with Wilson at
Newark, was the first witness in the Udderzook
trial today. He recognized the ring aud identified
the photograph. James r. Williams, a manufac-
turing jeweller. OF Newark, testified that he knew
wilson and that Wilson offered to sell the ring 10
him; lie identified the ring and described IFS pc
cularties, differing from any he had ever seen.
On cross-examInaton the witness said he recog.
Dized.the ring by its peculiar make, and also be-
cause he noticed when IL was first shown TO him
by Wilson that it had been cut and sodered again
at the back; he noticed this peculiarity because
ii was poorly done: witness has been in the Jew
elry bus II Tor fifteen years.
Michael o'Donnel, fellow boarder, recognized
the valise, having examined IL on one occasion
when Wilson wanted to swap with him. Wit
ness sald on the day ne left he presented Wilson
n,mse nearly Two years. Wtness descrsed ths ~
button A button found in the shirt was shown
him, and he identified II as the one he presented
10 wilson. lie also inentned the photograph az
a likeness OF Wilson.
Augustus {. sawrie, Of New York, fellow
with the body closely resembling those worn by
Wilson. Wilson had them half soled in Newark,
and borrowed an old pair OF boots to wear In the
meantime. He recognized the photograph anL
also the ring. Edward sutton. also fellow
boarder, positively identified the ring and photo
graph lie saw the prisoner, when on visit TO
Wilson, at Mrs. Toombs' house.
o. f. Breeze, or Baltimore General Agent OF the
Mutual Lie insurance Company, OF New York. was
sworn, and the jury bsing taken out the prosecu-
ton proposed 70 prove by the witness that w. :.
Goss had been insured In several companies to the
amount Of $4,000 and that Udderzook had tcsti.
fed ID q SUIT against the Mutual Lie Insurance
Company that Goss had been burned TO death by
the destruction OF store in York Road, Baltimore
county and that Udderzook afterwards enticed
Goss, alias Wilson, TO Baer's WOODS, the place or
the murder.
Pending the argument, the Court adjourned until
the afternoon.
lhe Court met at eleven O'Clock.
The Court decided TO allow the evidence OF GOss
IN connection with the insurance companies In
baltimore
a letter 70 Dr. Helle, signed A. c. Wilson, was
IDENTIFIED by Jonn W. Butler, OF Baltimore, Goss'
handwriting.
". T. Breeze testified to having insured Goss'
me W tne Mutual Company, OF New YORK, Tor
s2'Voo; also In the Continental, OF New York, for
,,,I y Z. McGulre testified as to Goss insurng his
! panies. - S'
=: :; smith testified to the burning OF his shop
| building. = oous oin '"o
on Monday. ~ '"0 = 0ioSA . 40.
The New York herald., 1873-11-02
COURT or COMMON PLEAS.
A Mixed Case OF swearin.


Before Judge Charles p. DAILY and a Jury.
Bernard Bahr sued Joseph stein to recover $500,
claimed to have been loaned to HIM in october 1871
IL appeared that the defendant was carrying on
business In avenue b, having hts brother who was
insolvent, in charge Of 1t. The plaintin claimed
mat Joseph asked him for the loan and
toid MIN TO hand II to his brother. Nathan
Steln, ana mat II would pe all right This WAS
Corioporated by julius Bahr, Bertha stein and
Natnan stein IL was also proved that the money
was received by Nathan ana used in the business
On the other hand Joseph Stein swore Thar the
whole matter was trumped up aud was a con.
spiracy TO saddle him with the payment az n Ina,
made TO his brother individually, He admitted thar
the business was carried In his name hnt
claimed that that was only cover and that IL was
IN TACT the business OF Nathan who being insoI.
vent, could not conduct it IN mis- own name
The evidence was contradictory that one ar
the Jurymen inquired, wnlle Joseph was on ,he
stand, whether The Witnesses regarded the form Of
their oath as binding.
Ex-Judge Cardozo for the plaintiff, ably arsted
among other things, that whether the business
was really the DEFENDANTS or not II he held him.
self out as the proprietor Of IL, and the plaintin
knew that and lent his money for the purposes OF
the business, and the money was used In ii, the
defendant was liable.
so the Court ruled and the jury accordingly
found verdict for Judge Cardozo's client Tor s45d
the iull amount.
The New York herald., 1873-11-02
ThE ALLEGED BANKRUPTCY or THE
UNION TRUST COMPANY.

Reference to a Commissioned Ordered.
Yesterday in the United States District Court be-
fore Judge Blatchford, when the matter oi the
petition in bankruptcy ofWilliam h. Siney vs. Ine
Union Trust Company called on for hearing
Mr.. Wheeler ii. Peckham appeared as counsel on
behalf OF the Trust Company and moved that all
the articles OF allegation OF bankruptcy be stricken
out, with the exception OF the 1rst second and
fourth.
Counsel for the creditor having been heard,
The court made the order in the terms sought
for by Mr.. Peckham.
The Union Trust Company has put in an answer,
in the breiest possible terms denying that II had
committed the acts OF bankruptcy set forth in the
petition, or any OF them, and averring that 10
should not be declared bankrupt for any cause al
legged and prays that this matter be inquired into by
the Court
The case has been referred by the Judge to Mr..
George +. Belts, Clerk OF the Court, to take testi
mony and report TO the Court.
The New York herald., 1873-11-02
THE COURTS
The Union Trust Company Bankruptcy Case
The Leland Brothers Saratoga Bank
ruptcy-The Foley-Grcen Battle
Rnsiness in the Other Courta

In the United States District Court yesterday,
when the matter OF the petition OF Z. r. Sney VS..
The Union Trust Company called, counsel on
behalf OF the defendants appeared and put in a
brief answer denying the acts OF bankruptcy al
legged against them and praying that the case
might be inquired into byane Court. Judge Blatch-
ford has ordered reference TO Mr.. g. f. Belts, the
Clerk, 10 take testimony in this suit and report the
same 10 the Court
Yesterday, when the case OF +. L. Scott VS.. Ken
yon, Cox Co., which is petition to throw the de-
fendants into involuntary bankruptcy, was called
In the United States District Court, before Judge
Blatchford it was again adjourned Tor week.
counsel for both sides consentng. 1t is alleged
that Daniel Drew is member OF the firm against
which the petition has been fled
The New York herald., 1873-11-02
TEE BROOKLYN COURTS.
SuRROGATE'S COURT.
The Record OF Last Week.


During the past week the Surrogate admitted to
probate the wills OF Edward Smith, Of the town OF
Flateush; Augustus D. Halbert, Isaac Z. Loper
William French, Henry Schied. Jacob Heinrich
Elizabeth Thompson. Mary Jacobs Gideon Skaats
Susan Ann Allen. Frederick Oliger, Lewis Tappan
Harvey J. Rich, stephen s. Murray, Charles Miller
Jonas Gundersen Caleb H. Shlpman and John Jam-
son, all OF the cltv OF Brooklyn.
Letters OF administration were granted in the
estates Of the following-named deceased persons.
viz. :-Catharine Hanley, James Curran Ellen
Murphy, John K. Hancock, John Shick, Margaret
Ann Duny Patrick Cramcr, Sarah NJ. T1ford
George Dursthon, John Sutton, Martha j. Moore,
Amelia Hudson, William Glass, stephen r Jewell,
Mary I. Woodhouse, Agnes G. McLougnlln. Rupert
Selg. jeremiah DUFFY, Thomas McAnally, Amelia
Robson, all OF the city OF Brooklyn.
Letters OF guardianship of the persons and es-
tates OF Charles +. Stearns and Pauline Stearns to
Amelia Stearns oil the person of Neaie I. Hudson
to Henry II. Hudson. his father; of Frederick L.
Drumsold to William X. Mott, all OF the city OF
BROOKLYN,
The New York herald., 1873-11-02
THE COLBY HOMICIDE.

coroner Young yesterday received information
that Michael Colby, late No q Cold street. Brook
yn, VINO, during quarrel with James Kelly in
ront Of No. 81 Cherry street, on Tuesday last. was
sfan5ed In the chest, had died in the park HosptaI
s,l the cnecn O. roGnd received at the hands
W htHl 'hm y nov undcr arrest awaiting the re,
SRI sni, ~ sn cTclf investigation. Deputy Coroner
s MARSH y.sterdsy made an autopsy on the body oi
oolpy, sna .Ilet coroner Young had cmpanelled q
~ Brooklyn for .ntermsnt
The New York herald., 1873-11-02
THE LELAND BROTHERS, BANKRUPTCY.
The Grand Union Hotel OF Saratoga.

The matter OF the proceeds OF the sale of the
Grand Union Hotel OF saratoga came on for settle
ment OF the decree yesterday before Judge Blatch-
ford. This long litgated case occupied ten days in
argument in Newport, before Judge Blatchford
last September. and great many counsel were
IN bankruptcy, Mr.. d. McManon for Mr.. +. B. Wesley
and divers other claimants and bondholders Mr.
Mcmahon got decree ior his clients ior $3.50 900 out
OF the proceeds of the sale OF the Grand Union
HOTEL The decree is too lengthy to insert: but it
may be stated that IL sets aside list OF second
mortgage bonds on the property, among which are
seventeen bonds for $1,000 each belonging TO Mr..
A. T. Stewart.
The New York herald., 1873-11-02
Inxas POLICE COURT.
Before .Lnstlce Fowler.

jeremiah Carroll and Frank Wiseburn were ar
rsigned yesterday, before Judge Fowler, at the
Iombs Police Court on the complaint OF Abraham
Myer, charged with having stolen two blndles OF
cigars, Valued In all at $3.50, the property OF
OF the theft were in charge OF the
united states Express Company, and ON board
vne wrecked snip Cree lying in the North River.
wlseDurn and Carroll were caught in rowboat at
.ne Ioot OF Canal street. with the stolen property
"a .neu possession, and were arrested by Sergeant
$500 bail to answer.
William y. Blank became bondsmap for wise.
The New York herald., 1873-11-02
BUSINESS in TIE OTHER COURTS.
UNITED STATES DISTRICT couR1-w BANKRUPTCY.
Voluntary Petitions.

Voluntary Petitions.
Joseph s. Woolf and John II. II. eastman.
Adjudications in Involuntary Cases.
The Manhattan 0dorless Excavating Company,
John c. ShaGer, s. s. Wood, Charles ;. Tuthill,
Cornelius A. Blauyelt, George W. Powell Haskell
Rosenbaum, LOUIS Coet Herman Alexander,
Jacob Peterson, Abraham Bernstein, Albert Menet,
Jacob X. Whitpee, John II. Fershen, David StrsgsS,
Manhattan Sewing Machine Company
Discharge.
EQgcne Elnk
The New York herald., 1873-11-02
Decisions.

BY Judge Van Worst.
Cropper vs. Leggett ct al.
Muller VS.. Schaier
Rant VS.. Reith.
Fairfax vs.. The New York Central and Hudson
River Railroad Company
James w. Adams Ell al.
ThnrDer ct al. vs. Reynolds ct al.
Nockenburg vs. Hugart.
Salomon W.. Sanford.
Maginn ct al. VS.. DInmore.-Urders granted.
The New York herald., 1873-11-02
subject on the table, which motion prevailed BY I

to 8.
Several petitions were presented and either laid
over or referred to the appropriate committees,
after which the Board adjourned.
Outside OF the Common Council very little in-
terest was manifested In the meeting OF the pro-
ceedings The lobby, which, as o usual thing, is
very largely In attendance, was on this occasion
rather thin. number OF Assistant Aldermen
were on the moor OF the chamber during the pro-
ceedings.
The New York herald., 1873-11-02

burn, and he was discharged accordingly. Carroll
was committed in default OF bail
Baffied Pickpocket.
John Mitchell, a laborer thirty years OF age, was
arrested, charged by Peter Hughes, OF No. Mon
roe street. with having, on Friday last attempted
10 steal from him gold watch chain, valued at slos
Mitchell had, Ii Is alleged, cut the cham and was
In the act OF removing the watch, when he was
seized by Hughes. He was arrested by officer Cain.
OF the Fourth precinct and held in $500 ban TO
answer.
The New York herald., 1873-11-02

Fire Marshal Sheldon reports thirty fires for the
past week, upon which the estimated loss B t7e,926
and the insurance S2sk loo
The New York herald., 1873-11-02
THE wATERT0WB MURDER.
WtTyprowy N. v,

wATERTowS, N. Y, Nov ], 1873.
After preliminary examination Recorder Aims
worth committed Hiram Smith TO jail to await the
action OF the Grand Jury. It is' believed that
smith was concerned with Sutherland In the mur-
der OF Wehham In January last.
The New York herald., 1873-11-02
Birth.
Died.

Fashion Saturday, November 1, the wife o
CHARLES II. FAssIS, oil q son.
The New York herald., 1873-11-02

said that at the meeting when the sum OF 81 600
was voted the exposition, provided by the act
OF the Legislature, he voted for its adoption and
then stated that II there was anything wrong in
the measure His Honor the Mayor would take
ample care OF the cty's interests. He had also
been informed that the Mayor and his colleague
(Mr. ottendorier) we're directors OF the companys
and had no idea that the afairs OF the association
were in irresponsible hands. Since the appropra-
tion was passed he had received some additional
facts, and 9r tnss ,s reason ,s ne now begged the Pry
Mayor be received, printed in the minutes, the
suggestions contained therein adopted and
THE VOTE APPROPRIATTNG TWO MILLION FIVE HUN.
rcconsIdered.
The yeas and nays were called, and several Al
dermen mad voted in the affirmative, when Alder
man Reilly rose and asked whether the original
resolution was now with the Board. He had heard
that the document was on file with the Clerk OF
the Board OF Assistant Aldermen, who, he under
stood mad passed the resolution ''unto general
ders'' at their session last Thursday. President
Vance informed the questioner that the resolution
had been stopped IN rdnsttu TO the Board OF AS
sistant Aldermen, and Is now In possession OF the
Clerk or the Board.
Alderman COOPER, on being called on 10 vote
rose ior the purpose OF explaining the same. He
saidtthat on general principle he was very much In
favor oil the exposition, as being an incentive to
PROMOTING COMMERCE
and industry AT the same time the subject had
he had heard nothing said against II. The Com
mittee on Finance had the matter In charge and at
their public session no one appeared TO say word
about the measure The press had been silent and
made no comments thereon. At tue last meeting
he had voted against the appropriation, but the
explanation OF his colleague, Alderman often
dorer by whose able Judgment he "a usually
guided he had changed his vote. since then facts
came 70 his knowledge which make him believe
that the company claiming charge OF the cxposi-
tion is not what Is was represented, and he, there
fore, voted In favor Of reconsideration.
Alderman Ottendorfer.
IN pEyynEFcy TO THE MAYORS RECOMMENDATIONS
voted in the Affirmative, as did also Alderman
Clausen.
Tne motion to reconsider was adopted by q vote
Alderman VAN scHAIox then proposed to lay the
The New York herald., 1873-11-02
SUPERIOR CCuST-SPiClIl TERM.

Eugene Fink.
Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1873-04-24
Prepared by DR., J. C. Aver & Co.,
Practical and Analytical Chemists,
LOWELL, MASS.

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Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1873-04-24

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