davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-10-21
COURT CAleNDARS-THls DAY.

SUPREME ECoURr-CHAMBERs-Held by Judge Fam
cher-Nos. SO, 43, "A, 49, So 54 55 67 6S 49, 75, so,
S3, "a, SO. Call SO.
SUPREME CoURr-SPECIAL TERx.-Adjourned until
Monday, October 27.
sUPREME CouRT-GENERAL TERx.-Nos 8, 7, Is,
As, g. e. IS, TO- 245 So III, 140, 142 las l46 $50,
15l, 1852, ll2, 1l3, l54, l55, 156, 1861.
SUPREME CoURT-CIRCUT-Part 2.-Nos. S44h,
1884 2254 2444 29SS, 29S7, 34 356, 109 1885, 1886
26s2. 592h, $50, 24ss, 2902, $780, 432, 53s, 11o,s.
SUPERIOR CoURr-Part Held by Juuge Bar
bourNos. 7l9 6l3. III $685. 763 779, 675h, 793 so7,
Freedman.-Nos 750. $40, 662, $50, 27S, 7l2, e7S,
770, 772, IA. 776 $50, 7sOh, 1927.
COURT OF COMMON PLEAS-TRIAL TERM-Part l.
Held by Judge Daly.-Nos. 1875, 900, 1872 232,
242s 2O29. 2oaO, 1885, 2361 6s, 2429 ls45, 2405.
Part 2-Held by Judge Loew.-NO. 22S0.
COURT OF CoMnoN PLEAs-EQUIrY TERM-Held
by Judge j. +. Daly.-Nos. "a, AZ, 73.
m MARINE RIM GovRT.Part Held BY Judge Cross.
Nos 2667 1885, 2659 $780, 1858, 2290 2906 2542 2sss
1892 zoos SOl6, 3O50 1882 2426 $685. sO34.-Part p
Held by Judge Howland.-Nos 2775, 2S39, 2997, 3071
2S49 25S9 1896 2793 23s7 2743 $685. 290l 2903 2905
29l3-Part 3-Held by Judge Spaulding.-Nos. 2Sl5,
1882 2902 1855, 3120 270S 2s2l $685. 3134 2545s 1852
2lo9 2674, 1912, 1851.
COURT OF GENERAL SEssIoNs-Held by Recorder
vs.. John Gallagher, do; same vs.. Michael Kane
and Peter Mcclure, Patrick Hartigan, Christopher
lie Strange Edward Pohle, Valentine Raut Tim
othy Curtin, Charles Bicker, William Kaiser,
George Fisher, David Keating and Gerald Fitzger-
aid, ielonious assault and battery; same VS.. George
Mott and George Jones, burglary; same VS.. Pat
rick Barrett and Helena Curling, grand larceny !;
Hughes, Patrick McGrath, William Meyers and
Joseph Holman, larceny from the person; same
ys. christopher Briggs, false pretence; same VS..
Charles W. Grothe, assault and battery.
The New York herald., 1873-10-21
JURISDICTION OF THE COURT OF
COMMON PLEAS.

Distribution OF Trust Funds by As
signecs OF InsoIvent Debtors-Have We
County Court !-Important Decision
by Judge Robinson.
very important decision in reference to the
Jurisdiction OF the Court OF Common Pleas Of this
city to compel an accounting and distribution OF
trust funds by assignees OF insolvent debtors
was given yesterday by Judge Robinson, OF the
Court OF Common Pleas Owing to the peculiar
wording OF the statute OF this State under which
general ASSIGNMENTS are made for the benefit OF
creditors, IL has been questioned sometimes by
members OF the Bar, and even by Judge OF the
Supreme Court, whether the Court oI Common
Pleas could act under the statute. The question
was grave one, for ii this Court had not jurisdc-
tion no Court in the county OF New YORK had and
assignees OF insolvent debtors In this county could
not De compelled to account under the provisions
OF tne statute although they coud be compelled to
90 so IN any other county Of the State.
Inc matter came before Judge Robinson upon
tne petition Of the Quassaick woolen Mill Com
pany, OF Newburg, TO compel Mr.. G. p. Crosby,
as assignee OF Townsend Baker n CO.
70 account. Messrs. King and Never appeared
I0r the petitioner, ana Messrs Fullerton Knox A.
rsy .,osuy or tne assingee. The counsel for the as
County Judge had jurisdiction and as there was
no county Judge In the county OF New York there
lore no onicer in the county had iursdiction Mr.
king Oh cousel FOR the petitioner claimed that fhe
court OF common Pleas was the County Court OF
County Judge. 'i' ""S 'uo
Judge Robinson, In lengthy opinion. eue,o,noa
the views OF tue petitioner. The course m bie a.
gumeIt was that the Court OF Cannon piaas % a. a.
tne CITY ana county OF New York is declared hy TIC
The New York herald., 1873-10-21
lHI IlN1NUl1H InUDILlM.
Continued Dulness in the Stock
Exchange.
A Marionette Show, with the
Wires Down.
Some Instructive Figures Explaining Why the
Market Does Not Rally.
Effect of the Delay of
Gable Advices.
A Quiet but Firm Feeling in the Cotton
and Produce Markets.
GOLD HIGHER.
Foreign Exchange Steady and
Money Easier.
Effect of the Delay of
Gable AdviceS.
A Quiet but Firm Feeling in the Cotton
and Produce Markets.
GOLD HIGHER.
Foreign Exchange Steady and
Money Easier.
A LONDON FAILURE.

These are still days of mourning in Wall street.
To those who have been accustomed to regard It's
markets as parts OF the active tireless, pulsatng
heart OF our great financial system 1t is strange to
see that system 80 surely recovering from recent
shocks while the functional arrangement in its
palpitatng centre continues. Yet such is the case
Outside OF Wall street the country seems to have
shaken of the incubus OF panic and distrust that
sent shudder through the nation at one time and
appeared the precursor OF dire disaster. The
Stock Exchange really In the present situation OF
affairs does not represent the country, either as
thermometer or barometer, which it once did, OF
existing or tending commercial conditions but
LIKE MARIoNETTE SHOW,
after the performance Is over and the wire -puers
have gone nome, its figures that were erst so lively
IN their movements show no signs OF vitality, and
unheeding OF events passing before them, wait
In Inconsistencies some new nspiriting force.
1t is as well. perhaps that 1t should be
SO, as long as the for it is clearly under
stood, and that this prostration Of speculative
feeling on the Stock Exchange does not proceed
inherently from causes growing out of late events,
but Is simply-in the absence OF an undue stimula-
tion, because Of the inability OF those who fur
nlshed such stimulation to continne It, at the
present ttime-returning to nominal values. To help
this understanding the following table, without
specifying railroads, which might be invidious Just
now, is given:-
TABLE SHOWING THE RELATION OF THE FUNDED
AND FLOATING DEBT OF RAILROADS IN THE DIF-
FERENr STATES To THE COST OF THE SAME AND
TO THE CAPITAL STOCK.
This table is based upon total mileage O
57,s23 miles OF road, making official returns
operations during 1872. In classifying roads under
State heads, and reaching the result given, the
road is assigned to that State in which the greater
portion Of the line runs
The New York herald., 1873-10-21
BUSINESS IN THE OTHER COURTS,
UNITED STATES DISTRICT COURT.
The Clerk In Bankruptcy and the
Records.

The Clerk In Bankruptcy and the
Records.
There is book kept in the United States District
Court in which is contained a list OF bankrupts,
voluntary and involuntary, filed from day to day.
Ever since the Bankruptcy law went into opera
tion in June 1867 the representatives OF the press,
In the discharge of their duty, have had access TO
this book until within the past two or three weeks,
when the condition OF affairs in Wall street has
led the public to look out carefully for develop
ments in that quarter. Yesterday reporter APP
piled TO the clerk in charge in the Bank
ruptcy Department for leave to examine
the book in question, as has been
his wont for several years past. The
clerk replied-"You cannot see ii, Sir. am di-
rected by the Clerk not to let the book be seen II
you desire to know about any particular case l
will show you the papers.n The Reporter OBJ
served-"I do not want to see any particular case.
desire to examine the list to see what petitions
have been filed;n and after making this answer to
the clerk In charge he retired from the 0flice We
believe that the book 10 which we have referred is
as much public record as any document or paper
in the County Clerks or Registers ofce and il IL
Is not we should like to know for what purpose 1t
is kept9 We have hundreds OF times seen re-
porters and lawyers examining this list OF bank
rupts, and we are quite at a loss to know the
reason why an inspection OF it is now kept from
the reporters who In asking to see IL are not
gratifying any idle curiosity but acting in the in
terest OF the great mercantile and commercial
community of this city.
The New York herald., 1873-10-21
MOVEMENTS OF THE TWEED
REGIME.

Berrian's Little Bfll-An Onset Put in by
the Corporation Counsel-What Judge
Van Worst Thinks of II.
1t will be long time, probably, before In one way
or another the name OF William NJ. Tweed ceases to
appear In proceedings in the courts. His name is
mixed up In the well known suit OF Daniel Berrian
brought against the city to recover money alleged
10 be due the latter for material fur
nished the city and work done. These ma.
terials were furnished to the Croton Aque-
duct Department, and the services performed
were also for the same department. and this
at the time William NJ. Tweed was Commissioner
OF Public Works. To Mr.. Berrian's complaint in
che pending action an answer was put in by Mr.. E.
Delaheld Smith, Counsel to the Corporation, that
Mr. Berrian had entered into conspiracy with
William II. Cook, Deputy superintendent OF Re-
pairs in the Croton Aqueduct Department, and
Works, and that through certificates fraudulently
signed by these two officials the city was de-
1rauded out OF So 2o6 SO, this amount as alleged,
being paid in excess OF wnat was legally due ;
which allegations, OF course, are denied by MIR.
Berrlan, and the Corporation Counsel puts in the
same as an Offset to Mr. Berrian's claims IN his
present suit.
multiplicity Of papers have passed between the
contestants, including answer to an answer and q
demurrer. The demurrer was that the answer was
insufficient to constitute a counter claim to the
cause OF action. There was a long argument upon
this demurrer before Judge Van Worst holding
special Term OF the Superior Court. Judge Van
Worst rendered yesterday his decision in the matter
IL OF course does not enter into the merits OF the
case, but simply decides technical point but one,
though, OF rather important character.
The following is that portion OF Judge van vorst's
opinion covering the chief point In the case 1.-THE
defendants counter clam, as plead, constitutes a
tort The wrong does not arise out of and IS not
connected with the claim set up In the claim. 1t is
an independent cause OF action, and for which
the plaintiff is liable TO arrest and imprisonment.
1t may be that the defendant could have set up his
claim Tor the moneys unpaid to the paInIff In such
form to waive the tort and such a recovery back
o the moneys unpaid by way OF counter claim on
an implied contract to refund the same. But in
such case the pleading should set forth facts show
Ing the defendants election to proceed on the i'm
piled contract and not ior the money. HIS conclu-
sion rs tnat the demurrer is well taken Juig-
Elent therin is ordered in iavor OF the palntirr
with liberty 10 the defendant to answer his answer
In twenty days on the usual terms.
The New York herald., 1873-10-21
COURT OF SESSIONS.
The City Treasury Frauds-Sprague's
Trial Postponed.

Tr10I FOStpOBeus
Before Judge Moore.
|. The case OF Cortland A. Sprague. the ex-City
Treasurer, who IS indicted on the charge OF mall
feasance in ONCE, was called yesterday morning.
The court room was crowded by spectators who
expected that the trial would proceed. AS soon as
the called
MIR. d. P. Barnard, counsel for the defence, arose
and said:-If the Court please, In the matter OF
Cortland A. Sprague who pleaded to an indictment
a fortnight ago tomorrow, and which was set
made every exertion in my power that we should
be ready this morning. This has been a matter
involving an indictment OF ninety counts and
necessarily great amount OF labor last week
stipulated with the District Attorney that certain
evidence. called secondary evidence should be
given by Mr.. warren. Having made this stipua-
ton called on Mr.. Warren and engaged with him
to furnish the Information needed by US. Last
Thursday morning / was much surprised by the
announcement OF q large deialcation IN the ONCE
OF the state Treasurer, and learned that Mr.. War
rem had been sent for TO make an investigation.
That gentleman Is now in Albany, and as he has
no. yet completed the duties entrusted to him by
me, and has, besides, number OF my papers in
hts possession, am on that account unprepared
to try the case.this morning, and must ask for an
adjournment.
District Attorney Britton said:- II have nothing
to say In opposition to what has been said. The
statements are correct. Having been informed a
day two since OF the present state OF a1ars
came here this morning expecting this application,
and shall make no opposition to IT, do not pro.
pose to force any one to trial without affording
reasonable time for PREPARATION The only thing l
W
as early day next term as possible.
Judge Moore granted the motion for postpone
ment and remarked This Is a case which must
necessarily involve long and complicated action,
the Indictment being one OF unusual size. Counsel
Tor the defence ought to have a reasonable time Tor
preparation. 1t Is not case which can be got
ready in day or two. There must be an examina-
ton OF long accounts extending over years. The
absence OF Mr. Warren on public duties is a fair
reason for postponement. II there Is no objection
to the day Will name the 10th OF November-the
second Monday OF the November term-and conn.
sci Will understand that 1t Is noticed or that day.
The counsel then left the court room and the
majority OF the spectators dispersed.
Sentences.
The following prisoners pleaded guilty yesterday
and we're sentenced to the terms stated
August Buckhardt; grand larceny; : two years in
the Pehltentiary.
Alfred ST. Clair, forgery in the fourth degree !;
same sentence.
william Whitman, false pretences; one day In
jail.
George Clark, charged with burglary, was ac-
quilted.
The New York herald., 1873-10-21
THE Court of Common Pleas as a
County Court.
sTrust Funds in the Hands Of Assignees
Of msolvent Debtors--.Important De-
cision by Judge Robinson as
to Court Jurisdiction.
BUSINESS IN THE OTHER COURTS.
Effort to Get Money on Judgment Against the
Camden and Amboy Railroad Company
Trials, Convictions and Acquittals
in the General Sessions

In the United States Circuit Court, yesterday
before Judge Benedict, the case OF Frank L. Tain
tor was called. Defendant is indicted for emoez-
zng $4,000 the property OF the Atlantic National
Bank OF which establishment he had been cashier.
the Assistant District Attorney said he was ready
TO proceed with the matter. Neither the defendant
nor his counsel was present and the case was
passed for the present.
John Foley appeared yesterday in the United
States Circuit Court, before Judge Benedict, and
showed cause why he should not be fined $3.50 for
non-attendance as juror. He gave satisfactory
explanation and was excused for q week.
Judge Woodruff will open the October term OF
the United States Circuit Court tomorrow, on the
equity and common law side. The Clerk has got
the calendar printed, and this has proved to be OF
the greatest possible convenience to members of
the Bar.
In the suit OF Daniel Berran against the city, In
which it is charged that, through conspiracy with
Wm M. Tweed as Commissioner OF Public Works.
and VIM. II. Cook, Deputy Superintendent OF Re.
pairs in the Croton Aqueduct Department rob-
berry was perpetrated upon the city treasury, an
important decision was given yesterday by Judge
Van Worst, in Special Term OF the Court OF Com
mon Pleas. The points OF the decision will be
found in the report OF the case given below.
The order TO show cause why the Comptroller
should not be punished for contempt OF Court for
not complying with peremptory mandamus,
granted by Judge Pratt, directing payment OF
$4,000 to the Tenth National Bank for advances
made to the New Court House Commissioners came
up Tor argument yesterday In Supreme Court
Chambers, before Judge Fancher. 1t was shown
that stay OF proceedings had been granted in the
case, and upon this Judge Fancher vacated the
order to show cause. This win compel proceedings
as to contempt de noUa, If any further taken in
the matter.
An important decision was given yesterday, by
Judge Robinson, OF the Court OF Common Pleas,
touching the jurisdiction Of the Court the ac-
counting for distribution OF trust funds by as
signees Of insolvent debtors. The main question
involved as will be by the report OF the case
elsewhere was whether the Court OF Common Pleas
Is county Court
The Supreme Court, General Term. Judges Brady
and Barrett on the BENCH adjourned yesterday till
to-day. owing to the temporary illness OF Judge
Ingraham.
The New York herald., 1873-10-21

In the above table, In the absence OF Official data
some OF the figures are estimated. Thus In the
statement respecting the Vermont roads the cost
OF the Vermont Central is calculated on the basis
OF $50.41S per mile, the average cost OF railroads In
the New England States. In some few other cases
OF less Importance the figures are likewise esti-
mated from analogous Information. In the return
from Florida the figures are those only Of the PEN
sacola and Louisville Railroad, no report being had
OF the Florida, or Jackson, Pensacola and Mobile
Railroad The main trunk Pacific roads-viz., the
Union Pacific and Central Pacinc-are not included
In this statement Taken altogether. however, 1t
Is sufficiently accurate to show the condition OF the
railroads OF the United States In the relation OF
their nominal stock value with their bonded and
general Indebtedness to their actual cost. Ii Is
A sum TOTAL OF OVER TWO HUNDRED MILLIONS
THAT MAY BE PLACED TO THE ACCOUNT OF
wATERED STOCK
For. inasmuch as the bonded and other debts
being the owners the actual interest OF the latter
is only the excess OF the cost over such Indebted
ness, just as the interest which any real estate
owner whose property Is m0rtgaged has In such
property Is its value over and above the amount Of
the mortgage. This value is, OF course. variable
based upon the income that may be derived from
by Increased capacity for earning; but, as In the
case OF the proper rental value oil the real property
this is determined IN the open market where no
exceptional conditions OF supply and demand
exist, but only fair return is sought for,
by Its estimated value, free OF oil cncumbrances,
the interest on tho mortgage TO be borne by the
lessor and not be an additional charge upon the
lessee; so also In the case OF railroad property
should the burden OF Its indebtedness be borne by
the stockholders, the owners thereof, and the in
tcrest account substractcd from the dividend ac-
count, and not assessed upon shippers In the form
OF ex0rbltant freight charges. THIS Is what con-
stitutes cxtortion. and is Justly complained Of By
The New York herald., 1873-10-21

laws OF the State TO be the County Court OF this city
and county Qaws OF 1921, page 64, and Laws OF
1926, chapter 265) and the first Judge is called the
First Judge OF the County Court. 1t cannot sup
posed that the Legislature intended to leave this
city without the benefit OF the act OF 1860 in refer
ence TO general assignments, considering that the
city contains about one-third OF the population OF
the State and has employed in 1t more capital
subject to the operation OF the statute than IN
all the rest OF the State The Court
has exercised Jurisdiction under tine act for
thirteen years, and the maintenance OF the as
sgnee's position would invalIdate every assign
ment made In this country since 1860. when the
act took effect. The Judge also held that the as
signee, by filing his bond and obtaining the ap-
proval OF Judge OF this Court to the amount OF the
bond and the security offered, was estopped rom
denying the jurisdiction OF the Court
The New York herald., 1873-10-21
COURT OF COMMON PLEAS SPECIAL TERM.
The Verdict Against the Camden and
AmbOy Railroad Company.

The Verdict Against the Camden and
AmbOy Railroad Company.
Before Judge Robinson.
Several months since James Lamb obtained a
judgment for 1000 against the Camden and
Amboy Railroad Company on account Of the losses
sustained by the destruction of cotton at the burn
ing OF the company's depot at Pier No. North
River. Getting q judgment is one thing and get.
ting the money is another. Since then the Camden
and Amboy Railroad has been leased to the Penn
sylvanla Railroad Company Tor $4,000, 600 year.
1t is alleged that $500 600, being quarters rent
is now on deposit in the Board oil Commerce, and
tnat the same is being used by the Camden and
Amboy Railroad Company to pay two and a-half per
cent dividend TO The stockholders. Mr.. Lamb de-
sIres to attach this fund account OF the afore-
mentioned judgment. The cashier states that the
funds belong to the Pennsylvania Railroad Com
pany, and That the money is being paid out by Its
checks. Application was made yesterday for an
testimony az TO the facts. Judge Robinson took
the papers, reserving his decision.
Decisions.
BY Judge Loew.
MCGUIRE VS.. Slattery.-Motion to open default
granted on payment or $40 costs.
BY Judge Robinson.
In the Matter OF the Application OF the Quassaick
Woollen Mill Company.-Applcation that assignee
account, nc, granted.
Mooney vs. woodworth.-Motio for attachment
denied.
Flynn vs.. Flynn.-No proof OF any adultery
charged. Divorce refused.
Conrad VS.. Conrad.-Decree OF divorce for plain
TIN.
The New York herald., 1873-10-21
SUPERIOR COUaT-SpeClAl TERM
Decisions.

BY Judge Van Worst.
Berian VS.. Mayor, &C., OF New York.-Judg-
ment Tor plaintitf on the demurrer with liberty 10
defendant 10 amend (see opinion.
Meuler VS.. Schaefer.-Motion granted.
Edgerton VS.. Brown, Muller ct al. VS.. Fine
Motions granted
Bowden VS.. Carhart ct aL-Order of reference.
Downs VS.. Williams.-Order vacating order OF
11th inst, with Si0 costs.
BY Judge Mcneil.
Newcombe VS.. Hrsch.-0rder opening inquest
on terms and that the cause he set down Tor trial
for nrst Monday Of November term.
The New York herald., 1873-10-21
SUPREME COURT-CHAMBEaS.
Decisions.

Decisions.
By Judge Fancher.
Cutting VS.. Stevens.-Judgment OF foreclosure
and sale granted.
Same VS.. Barry ct al.-Same decision.
Same VS.. Same.-Same decision.
Cannon vs.. Cannon. Report confirmed and judg-
ment o. divorce for plaintiff.
Kellogg vs. Cooper.-Mouon to change place OF
trial is denied, with $40 costs to abide event.
BY Judge Barrett.
Adams VS.. Vreeland.-Memorandum for counsel
The New York herald., 1873-10-21
REAL ESTATE.

The market for the week opened quietly with
Supreme Court sale OF a house and lot on Column
bia street. OF which particulars are given below
1t being the only Offering. subjoined are also par
ticulars OF foreclosure sale OF lots on Central
county, held by j. Johnson Jr on Saturday.
Mr.. Jonn McClave reports the sale, on oxford
place. Grand avenue and Sylvan avenue, westches-
ter county. near Jerome formerly CentraD ave.
being an aggregate OF si4,Oo0 These lots
form portion OF the Poole estate,n andwere
sold three years ago at $3.50 per lot. This sale is
regarded as an evidence OF values on and near
Jerome avenue-the great highway to Jerome PARK.
NEW YORK pnorxnrY-BY JAMES n. srLLKn.
3a bk h. and l., No. 20 Columbia st, g. S. 70 IT, s. of
Broone st. 2Ox55; A. Gutenberg s. 900
wKsTcHEsrER COUNTY PRoPsarY--sY J. JOHNSON, in.
10 plots, corner Anderson av and Birch st., contain
plot, containing a6s lots Anderson av., adjon-
ing Kinxe 1,lT
Union avs; Degra 7,6ls
plots containing q CITY cu, corner xndcr:cnav nv
:, and Birch 81 Boomer i.e52
oinng Degraif. .....,,'.........s...s..... 6.oA
III plots. containing LII city lots on Anderson ay
rear OF above: beg,aa 1868
adjoining: Farcnild .......,. - " ~ ~1'' ~ 80 - ia
plot, containing sS7 city lots, Anderson av,
adjoining; os, pegran .3s5
plots containing md aSS city lots Birch ST. rear
soi anoyeJ; pesran s =; 3,734
joining. fairchild .............,'- - l7a
plot containing IA city lots, on Birch st., nd.
anI m1' rom,anng % city lots corner Birch ST.
'pIIoin pIos containing MING IL 80 city lots Birch ST. ad
spIos containing o1s city lots Ciaremon, ay.
2piots containing sS2 city lots, ciaremont ay No'