davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
ToMBS POLICE COURT.
The Spartan Judge Takes q Decided
Stand.


Stand.
Before Judge Bowling.
Business was somewhat dull at the Tombs yester-
day, although a number of minor cases were dis
posed Of
The first case that attracted any attention was
that of John O'Hare against Andrew Myers. John
met Andrew on Monday night last in barroom in
the lower part Of Greenwich street. They drank
together few times along with some other people
who were in the place. Some discussion arising
between them both parties got very excited and
Andrew Myers drew out pistol and pointed It at
O'Hare. O'Hare had Myers arrested and locked up.
When Myers was brought to the TOmbs yesterday
morning by Officer Erwin, OF the First precinct,
OHare seemed unwilling to make complaint.
Judge Bowling at once, In his usual quick and de.
cided manner, said :-"What is the charge against
this man, officer ?"
Oflcer-Drawing pistol on this man here point
ing to OHsre).
Judge Dowling-Mr. O'Hare, you will please make
your complaint in this case. l am determined to
bring all these cases where concealed weapons are
used or presented to trial.
OHare-I work on O steamer and am not always
in the city and would Just leave let this go.
Judge D0wling-I can't allow IL, sir. Then,
turning to the of1cer)-Wa the pistol l0adedf
Officer-Yes, sir.
Judge Dowling-I will send this case to the
Grand Jury, and let them dispose OF it. The habit
OF carrying loaded pistols and other weapons is be-
coming too common, and something must be done
to stop 1t. will commit y0u O'Hare, to the House
OF Detention, and Myers, will commit you to the
General Sessions under s., 900 ball.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
SUPERIOR couRT-THIAl TERm-pAaT |.

Liabilities OF Express Companies When
the Value OF Goods Shipped is Not
Stated.
Before Judge Mcneil.
Some time since Lewis @. Austin shipped by the
American Merchants Union Express Company $500
worth OF laces from this city to Pittsburg, Pa the
goods failed to reach their destination and suit
was accordingly brought against Mr.. Fargo Presi-
dent OF the company, to recover their value. The
defence was that the plaintiff having failed, when
shipping the goods, to state their value could only
receive $50, such being the amount OF recovery
allowed by prin ted notice on the back OF the re-
cept In case OF such failure. The testimony
showed further, that the plainrn had In his posses
sion number OF the companys receipts In blank.
The Judge held that this fact afforded sufficient
ground for presuming that the plaintiff must have
known the liability Of the company In cases OF ship
ment without failure to specify the value OF the
goods shipped. On motion OF the defendants the
Court directed verdict for $50 for the plaintiff.
Damages Against q Railroad Company.
While John Messenger and a brother were at
tempting, in November 1871, to cross in wagon
the railroad track in Fourth avenue at Fifty-hrst
street they were run into by an engine OF the Har-
lem Railroad Company, the horse killed; the wagon
dashed to pieces and both considerably injured.
John Messenger brought suit in this Court, which
was tried yesterday, against the Harlem Railroad
Company for damages. The defence was That the
accident was the result of his that the
tention to 1t, and that iagman sgnalled the
coming Of the train. Some OF the testimony con-
tradicted these allegations and the jury rendered
verdict for $993 for the plaintiff.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
THE STOKES BILL OF EXCEPTIONS.

Closing Of che Arg umen mt or Counsel for
stokos-Replv Of the Opposing Counsel
Drawing Very Fine Points OF Legal
Dfstfncti0n-The Decision To he Given
I'm . Few Days.
Another day was, occupied yesterday in the argu-
ment before Judge Boardman upon the bill Of ex-
captions in the Stokes case. The Court opened at
halfpast ten O'Clock, and, heretofore, the court
room was crowded. Mr.. Dos Passos and John w.
Townsend were present on behalf Of Stokes and
Mr. Beach and Colonel Fellows On behalf Of the
people.
CONCLUSION OF DOS YAssos' ARGUMENT.
NJ. DOS Passos resumed the argument began the
nay previous, and, after brief recapituati0n and
70 some extent correction OF his former argument,
went on TO argue the last point--the melton for q
new trlai on the ground OF newly-discovered evil
dence, rs developed In the afndayit OF Mary Bean
AZ 70 LIB being newly discovered the afIldayits
were conclusive as to its nateriaty he should not
argue-both were too clear. It must be remem.
bcred tho there was No an,davit here in anv wav
tmpeaching or denying Mary Beams af,ldavit. He
should only argue the question whether this was
cumulative evidence. On this point he caIca az.
tention TO the fact that witness on the trial baa
seen pistol in Mr.. Fisk's hands, and thar thi,
testimony was the only thing that directly contro
yerted the Courts theory not suggested by either
counsel-that the pistol picked up by a lady on the
stairs might have been. amer al Stokes own pis-
toll He then reminded the Court that the opening
counsel mad alluded to the present state Of excite
pent Of the public Ia regard 10 esmiciae cases,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
UNITED STATES SUPREME COURT.

WASHINGTON, d. c., Feb. 4, 1873
No. 8. Pagan ct al. State OF Louisiana; No. o.
Butchers Benevolent Association Va. Crescent CITY,
Live Stock Landing and Slaughter House CON-
pany, and No. 10. Same vs. Same-Error to the.
Supreme Court OF Louisiana.-This is the reargu--
ment Of the New Orleans slaughter house cases,
which are entirely familiar to the public. The
Legislature OF Louisiana in 1869 chartered the
Slaughter House Company, and provided that ali
the slaughtering done in the city should be done
in the slaughter houses to be erected by this
pany. The butchers Of the city viewing this legis-
lation as establishing monopoly for the benefit OF
the cOrpOrators OF the company, brought these &C.
tions to have 1t declared unconstitutional. The
defence that it was necessary for the health OF
in in some SON ''' one place, and that the State
had authority to direct such course,
and that the act in question was q.
sustained the law, and II Is here cOntended that by
establishing this company to the exclusion OF all
tins OF rights OF business and property guaranteed
by the constitution of the United States. The COM
ground that the whole matter is exclusively Of
state Jurisdiction. John A. Campbell for plaintiffs
IN error; I. J. Durant and NJ II. Carpenter for de-
PENDANTS.
No. 84.-Beale ct al. vs. Territory Of New Mexico.
Relation of Griffin, Observation-Disclosures to the
Supreme Court of New Mexico. This was an ac--
ton Of Griffin trustee of the estate OF Hnck-
ley brought against Beale, the testamentary
trustee, who had resigned the trust The charge
that in the settlement Of the estate Beale had.
been guilty OF favoring the surviving members Of.
the firm OF which Hinckey was member, and -
was sought to make the suretles responsible for
the loss to the estate. The question was whether
Hinckleys interest in the firm was not an asset Of
the estate, only subject TO the payment Of all the
debts and the liquidation of all the affairs Of the
firm. The Court below held the nrm chargeablo'
and the Judgment was against Beale and his sure
ties appeal jointly the latter never having been.
heard or represented In the proceeding. The judg-
ment IS here reversed, the Court holding that the
appeal bond was of common law Jurisdiction and.
that the sureties were responsible only according
to the provisions Of the common law. 1t is also
held that such an action cannot be maintained
against the original executor by the administrator;
de bOnis non. Mr.. Justice Bradley delivered the
opinion.
No. 7. Shuttle vs. Thompson-Error to the Circuit
Court for West virginia.-This was an action Of
ejectment to recover certain property in West vir
ginia and the questions were all OF local law as to-
the execution OF papers and the Official functions
OF the officers before whom they should be acknowl
edged. The Judgment below on these questions in,
affirmed the Court regarding their construction
having been decided in accordance with the theory
adopted by the Courts of the State. Mr.. Justice
Strong delivered the opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05

injury had been worked to the prisoner by his alb
almost entirely directed to the identification Of the
pistol, and its identity was substantially conceded
by the prisoner or his counsel. He thought, per-
haps the Court should place some suggestion on
the record OF his own ignorance OF the absence Of
Mr.. Justice Boardman said that he had only
known OF one absence OF the prisoner, and ON that
occasion had stopped the proceedings.
Mr.. Beach said that with regard to the Judges
Glenn's case there was q change OF one oil the as
sociate judges during the trial. and it was objected
to: Inc appellate Court held tins disorganiza-
lion Oh tne court but expressly from
tne temporary absence from the bench for brief
time. AS to the new evidence, there were two re-
must not be cumulative and It must be SO material
and clear that Il would be likely to produce ar
t Ter result This evidence was c9muativs ior
pistol in his hand, and this evidence
was exactly to the same point And, be-
s
saw this same pistol. But look at the prisoners
own testimony. He saw Mr.. Fisk come In and saw
duce evidence that Mr.. Fisk, alter entering, came
out again and drew pistol outside OF the hail. The
two stories were directly opposed. and cons g.
quently one or the other must be dscredited 1t
prisoner to introduce this new testimony. and 1t
duce a dlnerent result in another trial. He said,
IN conclusion, that In the broadcast sense he had
Win TINS case put ne ie IN some ne
Judge, satisfied that he would make Just and
righteous disposition Of them.
SICKNESS OF MR.. FIREMAN..
Mr.. Townsend read q short letter from Mr.. Tre-
main, expressing his regret that through sickness
and the orders OF the doctor he was unable to close
as he had expected, the argument on behalf OF the
prisoner, and one Of his associates would therefore
do It,
MR.. DOS PAsOs' REJoINDER.
After brief recess Mr.. Dos PasOs read a very
brief reply to the citations Of Mr.. Beach, and re-
called the strong language OF the Courts that there
could be no degrees in the influence Of irregu-
larities
JUDGE BOARDMAN's DECISION.
Judge Boardman, at the close Of the arguments.
said that he would give the matter his immediate
attention and give his decision within . few days.
The Court then adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05

At meeting Of the Board Of Police held western.
day afternoon the following resolution was
passed.
ReolvedThat the foreman Of street cleaning in each
precinct be paroman, BY the capain
and approved by the Board. The foreman in eacf,
precinct shall personally perform all the duties now i'm
posed upon the foreman o. street cleaning and such
other duties as shall be designated by the
regulations He .,,s shall report promptly TO, his
anee Of duty BY the the street sweePers or the
street dirt ashes and garbage from and through his
precinct He shall be personally present at all times
their Iabors II is made the duty OF every member Of the
force doing duty in precinct to report the captain
OF his precinct every neglect of duty any person
gagged In the business OF removing street dirt ashes u,
garbage from through such precinct specify.
ing the n9m5er Of s,a the cart and the ns%o
The captain of each precinct viii Re he fSe re-
sponsibe for the Clearly condition Of streets in hi,
precinct and thorough and regular removal of street
dirt ashes and garbage The sergcants and ronpdsmcn
while patrol duty shall exercise general sinep,
and Of the patrolmen assigned TO duty as icremsn'
and shall promptly report TO their captains any
edge. and the captain of each precinct sbnii,
report promptly to the superintendent Of Street
any and all Of duyon the part Of street
prohibit the throwing Of ashes and garbage in The sres
are enforced u his precinct When practica able a ~
ders from the Superintendent of Street Cieanine M ~,
foreman shall be first given 10 the captain of III
and when IN case OF exgency this shall not he rscsic
DE- then rs soon thereafter rs be don
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
COURT OF GENERAL seSsDHs-pART a

The Court Settling Down to Hard
Work-Plcas OF Guilty, Trials, Convic-
items and Acqufttals-A Curious Charge
IS to the nlegality OF Holding the
Court Where II Is Held.
Before Judge, Sutherland.
The second part of the Court OF General Sessions
held yesterday what might be called its first bust
. ness session, Judge Sutherland presiding. The
session was in the Assistant Aldermen's chamber
in the City Hall, and there was large crowd in
attendance.
James Elmore charged with grand larceny adj.
mitted the charge, and was sentenced to two years
and six months in the State Prison. George
Lewis held on the same charge. pleaded guilty to
petit larceny and was sentenced to SIX months
imprisonment. Frank Duffy and John Kelly each
pleaded guilty to grand larceny and were SEN
fenced to two years and six months State Prison.
Ellen Stapeton, charged with grand larceny
from her mistress, pleaded guilty to petit larceny
yer, swooned in Court and had to be treated with
restoratives. She received ntence of only four
months In the Pententiary.
Augustus Walroy (c0lored), charged with grand
larceny, pleaded guilty to petit larceny, and in
consideration Of his youth, got of with only four
months.
Edward OConnell was charged with grand lar
ceny, but the complainant did not claim that he
had committed the offence, but merely wished to
prosecute him in order to make him divulge
Proper Place for Holding the Court.
Everything had gone on swimmngly thus far
The case Of James Nolan was now called. The Clerk
was proceeding to call the jury.
"stop moment, please,n interrupted Mr.. Will
liam +. Howe. "If Your Honor please, before this
jury IL sworn desire to call your attention to
matter OF the utmost Importance
IL Will listen cheerfuly, Mr. Howe" answered
Judge sutherland, 'listen to anything you have TO
say"
fad q bombsher been thrown into Court it
could have scarcely produced less effect than the
subsequent remarks OF Mr.. Howe. The matter to-
which he wished to call the attention OF the Court
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
SUPREME COUnT-CpAmBEns.
Decisions.
Ry Iudre Dauia

Nash vs. Victor ct al.-Monon denied for same
reasons given by Judge Barrett. See rule 10. The
bond Is not compliance. 1t may be renewed on
compliance with rule.
with $40 costs, to abide event.
Cathout Va. Bruii.-Motion denied, without costs,
and win leave TO renew on proper papers.
sutton vs.. Sutt0n.--Reference ordered
In the Matter OF the Petition OF Heben F. Will
lians ct a. Infants, 6c.Referred back for further
proofs.
BY Judge Barrett
Justh VS.. Justh.-Referc nee ordered to settle the
Issues herein and their form. See memorandum.
The Tredegar Company VS.. The St. Lonis Law
renee and Denver Railroad Company.-Motion to
continue Injunction denied and temporary injunc-
ton dissolved, with $40 COSTS
The People ex rel, Eliza L. Karpett w. The In
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05

conformity to the opinion of the Chief Judge ana
II such consent Is given and Judgment modlhedy
then Judgment affirmed as modlned WITHOUT costss
Judgment to be settled by the Chief Judge on
no notice, unless the parties agree-Johnson Vs.
Order granting new trial reversed, and judg-
ment on report OF the referee af1rmed Wild
costs-Porter w. Parmley.
borough. VIII
Judgment reversed and Judgment for the de-
PENDANT, to the effect that the defendant Is en-
titled to the legacies given by the will and codicl
to the Society for the Relief Of INDECENT Aged
Females" without costs to either party as against
the other-St. Luke's Home for INDECENT Christian
Females vs.. an Association for the Relief OF Re-
spectacle Aged INDECENT Females In the city OF
New York.
The following orders were made this day BY tho
Court Of Appeals
Ordered That this Court will take recess sfS% the
18th day Of February, A.: d. 1873. to the Mth Day
Of March s that new on Salsn ss ,. "a
present calendar not transferred to the Commission
new Calendar without further notice. that other causes
may be noticed before the 10th day OF march, A. y
1873 and placed upon said calendar Causes remaining
their order during the present month.
ordered, That In pursuance OF the amendment o, Inc
Sixth article OF the constitutions adopted in the year sz
Commission of Appeals that such Of said causes as are
upon the present calendar of this Court will be placed
upon the calendar OF the Commission of Appeals, and
heard without further notice, for the term c0mmencing
on the 4th 10 March next E. o. PERRIN Clerk.
Court Of Appeals Calendar.
The following Is the Court Of Appeals day
calendar for February 6:-Nos. SO, co. 81, 5Sh,.
II, 90.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
COURT OF GENERAL sEsaoNs-pAarL

Sneak Thief and q PickpOcket Sent
to state demonstrating Umbrellas n
Observation-Disclosures Assault
Rosenzweig's Trial.
Before Recorder Hackett
The first case disposed of yesterday was an in
dictment for grand larceny against Charles Gilbert,
an old offender, who pleaded guilty to stealing on
the 9Th of January ffty-two dozen cotton handker-
chiefs, valued at $52 the property OF Pullman h
Co. The Recorder, in passing sentence, said he
learned that Gilbert had served o term In state
Prison for larceny; but, in view of his pleading
guilty, SIX months was deducted from the sentence
which would have been imposed II he had put the
Court to the trouble Of trying the CASE Gilbert
was sent to the State Prison for four years and SIX
months
Another Pickpocket Sent from the City.
william Robertson was tried and convicted OF
stealing q watch from John Boyle on the 18th OF
January, while he was looking at an electrical ma
chine, on the corner OF the BOwery and Delaney
street. His Honor, In dispOsing Of Robertson,
asked him how many times he had been sent to
prison. and denied having ever served term in
the state Prison He SAID that 1t was through poll
teal enemies that he got bad character. The cir
cumstances Of the larceny showed that Robertson
was professional pckpOcket, and the Recorder
sent him to the state Prison for four years and six
months.
Roscnzweig To BE Tried.
On motion Of Mr.. Howe the trial of Jacob Rosenz-
weig, charged with producing an abortion upon
Alice Bowlsby, was set down for Friday next. 1t
Will DC remembered CnaJ kOSenZWelg was
victed in this Court, but obtained a new trial.
Larceny OF Umbrellas.
John Henernan pleaded guilty to stealing $40
worth of umbrellas on the 18th OF December the
property of Byrd Corwin, and was sent to the
Penitentiary tor one year, the prisoner being un.
der age.
Felonious Assault.
Caroline Schrader. who was charged with firing
pistol at Peter Peterson, in Cherry street. on the
18th Of January pleaded guilty to an assault with
a dangerous weapon with intent to do bodily harm
Certain mitigating circumstances were brought to
the knowledge OF His Honor, which induced him
to modify the punishment to one years. imprison-
ment In the State Prison.
Acquittals.
Frank Thompson, charged with stealing fifty
cents from the person Of Martial G. Jouret on the
10th Of last month, in Canal street, was tried and
acquitted.
Thomas Gallagher was tried upon a charge of
acting In completely with William Lunnlgan, who
1t was alleged. went into the jewelry store Of Fran
els BrOemer, SO avenue G, on the 18th Of December
and grabbed three gold watches and a CHAIN
Lunnigan was acquitted at the last term. The only
evidence against Gallagher was that he was seen
standing at the window and opened the door for
his alleged confederate. A verdict OF not guilty
was promptly rendered, Gallagher having proved
his innocence.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
SUPERIOR COUaI-SPecAL TERM.
DecisiOnt.

DeCfSiOnf.
BY Judge Freedman.
Blair vs.. Blair-Order appointing referee.
Coleman ct al. Vs. DixOn.-Extra allowance OF
$500 granted.
Same vs. Evans.-Same.
Birdsall vs. Donovan ct al.-Order OF discontinue
ance.
Reed VS.. Brennan ct al.-Order granted.
Leiss vs. MOrhOOf-Same.
Harris vs.. Panama Railroad Company.-Order
substituting attorneys.
ThurlOw VS.. Hachley.-Order Of reference.
Wander Windell vs.. Elsass ct al.-Judgment for
defendants ON demurrer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
COURT OF APPEALS.
Decisions.

ALBANY, Feb. 4, 1873.
The following decisions were rendered In the
Court OF Appeals to-day
judgments afilrmed with costs-Rainford VS..
the Royal Insurance Company of Liverpool Swits
w. DE Rewer; McGrath VS.. Dury
Judgment reversed and new trials granted, costs
to abide the events--Cary vs.. White Menagh VS..
Wintwell; Lynch VS.. Crazy; Wade VS.. the New
York and Oswego Midland Railroad Company.
orders affirmed with costs-In the matter OF the
application OF the Board of commissioners Of
Washington Park OF the city Of Albany; Grant vs.
Taylor.
, Judgment reversed and new trial granted, costs
to abide event unless the plaintiff, within twenty
days, consent 10 q modification Of the Judgment IN
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
BUSINESS In THE OTHER COURTS,
UNITED STATES COMMISSIONERS COURT.
Charge Against n sugar Merchant OF
Making ImpOrtations Under False In
voices.


voices.
Before Commissioner Osborn.
A year ago, or Whereabouts, case was tried in
the United States District Court in which the gov
ernment was plaintiff and Harry Barnes, q sugar
importer in this city, defendant. The action was
brought to recover $4,000, being the amount
which the government claimed they were de-
frauded OF by means OF false and fraudulent in
voices alleged TO have been entered at the Custom
House by Mr.. Barnes There was verdict for the
government for the full amount. which, with inter-
est added, made up 900. 1t appeared that the
defendant had endorsed his bills OF ading to Matt
land, Phelps * Co., to secure them for advances
made. In October last execution was issued by
the government against Mr. Barnes, but he only
satisfied a small portion Of the Judgment against
him. The consignor OF Mr. Barnes at Demerara,
whence the sugars were imported was Mr..
Chawner who came on to this city some time since.
Yesterday Mr.. Barnes aud Mr.. Chawner were taken
before Commissioner Osborn and they gave bail i'm
$1,000 each to answer in a criminal prosecution
now instituted against Them Tor having Imported
the sugars into this city under fraudulent yalua-
ton. Mr.. Barnes resides at Fair Haven Conn,
and Mr. Chawner is native or resident of Dema-