davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
Bringing to Test the Question Whether the
Supervisors Are Entitled to Extra
Pay-The Medium Of Test
q, Mandamus Against
the Comptroller.
BUSINESS IN THE OTHER COURTS.
More Indicted MurdererS and Their Pleas
Trial of BrOderick Set Down for Next
MOnth-The Fates Going for Fog.
artY-A Man Who Wants His
Wife..Mike NOrtOn's Brother.

The Hon. r. r. Nelson. United States Judge for
the District OF Minnesota, son OF ex-Judge Samuel
Nelson, OF the Supreme Court, visited the United
States Courts buildings yesterday.
Frederick Henry was yesterday charged, before
Commissioner Davenport, with perjury, In swear
ing that he the father OF the boy Jacvo Zippel
who had been induced by him to enlist, and who
was discharged few days since by Judge Batch
ford under writ OF habeas corpus He was held
for examination.
AS will be seen by the report below, the members
OF the Board Of Aldermen desire also to get pay
members OF the Board Of Supervisors. In a test
case, which will determine whether the Super
vsors are entitled to extra salary or not, appl-
cation was made yesterday before Judge Fancher,
at Supreme Court Chambers. for peremptory
mandamus against the Comptroller to pay Alder
man Monheimer his salary as Supervisor. The
Judge TOOK the papers, and his decision will be
looked forward to with interest.
Michael c. Frederick was arraigned yesterday in
the Court of oyer and Tcrminer, to plead to the
indictment OF murder in the first degree, found
against him by the grand jury. He plead, through
his counsel not guilty, and his trial was set down
for the next term OF the court.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
SALARY OF SUPERVISORS.

An Alderman Manda musfnE the Comp
troller for His Pay as SupervisOr-Over-
hauling the New Charter ON tho SUBJ
ject.
Application was made yesterday in Supreme
Court, Chambers before Judge Fancher, by ex-
Mayor Oakley Hall, for d writ Of peremptory man
damus against the Comptroller, directing him to
pay Alderman Monheimer his salary as Supervisor
Tor last April and May, at the rate of $4,000 per
annum. For the first three months OF
the year he was paid his salary as
Supervisor by the Comptroller regularly
at the rate of compensation stated as also his sal
airy as Alderman; but on the passage OF the new
charter Mr.. Green refused to make any further
payments on account of services as Supervisor,
but of course continued payment OF salary as Al
derman, regarding which there Is no dispute. AS
all the Aldermen are in the same boat and would
like exceedingly Well to enjoy the pleasing salts
faction of drawing two salaries and as the present
case Is brought forward as test one, con-
AS will be seen, therefore, the present is q
mandamus proceeding bringing up the question
whether the new charter mas aoGsnec the salary
claimed by the COmptrOer's counsel Mr.. Dean, by
operation of the following portion OF section ia Of
new city charter: "Nor shall any officer under the
city government hold or retain an ONCE under the
y % M e o o s Lss
lature, and in such case he shall draw no salary
for such ex ofllcio office"
this Is to be interpreted as if the act had said no
supervisor OF the county OF New York shall here
| this section any other section, OF the new
charter Is supposed to refer TO any county officer,
1t Is unconstitutional, and, to that extent void as
not being germane to the subject of the statute
comprehended in the title. He urged also that the
section OF the charter referred to is an amendment
OF the law or the municipal Corporation OF New
York, in the sense used in the opinion OF the Court
OF Appeals in the Briggs case so N Y, So, when it
cause OF It's title and local character" This case
related to the Rochester city charter Mr. Hall
further argued that ii the Comptroller was right
then Recorder Hackett would draw a salary as
Supervisor, but no one else OF his associates, he
not being city officer nor affected by the
charter
Mr.. Dean contended that the city and county
being territorially the same, any local act could
embrace both subjects, and that the same property
was taxed for both governments
After hearing the argument, which was quite q
protracted one, Judge Fancher took the papers re-.
se ryinQ hiS decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
SUPREME CcURT-SpEClAL TERM.

Case of Norton, the Police Court Clerk.
Before Judge Mcneil.
The refusal OF Judge Daniels at Supreme Court to
grant the application made In the case of the
Police Court Clerk, John Norton, brother of Mike
Norton, did not discourage Mr. william McGrath
his counsel, and he accordingly newed yester-
day the application in this Court. After hearing
the facts in the case as reported in the HERALD
at the time of the original application, Judge Mo-
nell granted an order restraining the Board OF
Police Magistrates from proceeding with the trial
OF Mr. Norton, on the ground OF want OF Jurisdiction
The restraint was in the form OF an alternative
writ OF prohibition, and its subsequent service on
the Broad OF Police Magistrates as they were busy
with their proceedings Tor the removal Of Mr.. Nor.
ton took them somewhat by surprise.
Decisions.
BY Judge Barbour.
Woods vs.. Coeman.-Order vacatlng judgment
on conditions.
Bremsen vs.. Bremsen.-Order directing payment
OF counsel fee and amony, and for reference.
Hembold VS.. North Missouri Insurance Com
pany.-Order granted
Field VS.. Allen ct al.-Order granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03

sentenced hsm for term equal 60 the remainder
tlon on behalf Of the people and the trial OF the
question OF his identity and escape. The proper
COURSE ne caimed 70 have been pursued IN this
Court OF General Sessions, where he was originally
tried. and let that Court have made the order, and
tnen no question could he made as to its legality.
Judge Davis he insisted, mad no right to make the
order, and 1t was without either law or authority,
and the prisoner In the absence OF regular and
proper order, was entitled to his discharge.
MI. Lyons seemed surprised at the production OF
OF Judge Davis and further insisted that no Judge
sitting at Special Term could review tho order but
that an appeal should be taken to the General
Mr.. Knitting said he hoped the gentleman who
had been party to the entry OF this order would
not take advantage OF any technical ground TO de-
feat this application II the order was Improperly
Judge Daniels said that he had listened very at
tentvely to Mr.. kintzlng's argument, but felt he
was bound by Judge Davis order, Independent OF
OF any views OF his own although so far as he had
examined into 1t he concurred. He regretted ar
irving at this conclusion because he had been
called upon in this case by the wife Of the prisoner,
who appeared to be very estimable person.
She stated that she had married him alter
his escape s, ana nov now WA. was with him en-.
had behaved wel and, 1t appears, had tried to act
as good husband and citizen and that he was
Executive cemency: further, that II he was
the Judge who tried him. he would gladly re-
ne ns v was sy
entered he must dismiss Che writ and remand the
prisoner After the decision the prisoner was hand
cuned by the keeper and taken back to the Pen
Tertiary, accompanied by his wife. Much sympathy
was felt for the prisoner by the spectators in Court
Personating Deputy sheriffs.
further and more prolonged argument was
made by Mr.. Abe II. Hummell Tor John c. Brun and
Edward Florence, charged with personating deputy
sheriffs and victimizing poor woman out OF So
under ,pretence of having an execution to levy
against her, Tor which they were convicted In the
Court OF Special Sessions and sentenced each to the
Penitentiary for three months. Great stress was
laid on the point, as shown In the affidavit OF
Under Sherr Joel Stephens, that the accused were
deputy sherifis ut the time Judge Daniels held,
however, that he saw no reason Tor doubling the
validity OF the conviction In the Special Sessions.
and therefore denied the application to admit them
to bail pending the decision on the appeal in the
case to the Supreme Court, General Term.
That Dog Case.
Among the indictments brought in yesterday by
the Grand Jury was one Of grand larceny against
the young man. william Clarke, for the alleged
theft of Skye terrier valued at $3.50, the full and
rather amusing particulars OF which have hereto
fore been published in the HERALD.
There being no further business the Court ad-
iourned till eleven O'Clock this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
sign away our birthrignt as American citizens and
renounce our political franchises.

From the Tarboro IN. C.l Enquirer. August 23.l
When we look back upon the numerous republics
that have once existed, from early historic peroas
to the more recent ones OF England France and
Spain. and mark their common instability and
gradual mutations we are almost forced to the con.
clusion, arrived at by so many political phiioso-
piers that men cannot govern themselves, and
that republics are failure. Upon this subject
Lord Lytton, In one OF his last novels, says that
republics are always destroyed by their success
SO long 1t is small and weak 1t is free; but when
1t has become vast power and individuals have
accumulated immense private wealth. when luxury
and extravaganza have taken the place OF primi-
tive simplicity, then power Is concentrated In the
hands Of few, the voice OF the mass Is disregarded
and an end OF the government is imminent H.
them we value the government OF our fathers
bought with toll and blood, and under which so
much liberty has been enjoyed, and desire TO
show the world that Americans at least are capable
of segovernment, let us constantly oppose the
popular tide OF Capitalization and stand by the
constitution of our country. The United States
might gain power and become stronger govern
ment by increasing the jurisdiction OF Congress-
but 1t Is not that that we want. We want the gov
eminent in Its purity-a free, republican govern
menC
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
SUPREME CoUsT--CHAMBERs.
A Husband Seeking to Recover His Wife

Husband Seeking to Recover His Wife.
Before Judge Fancher.
In December, 1871, Henry J. Salisbury was mar
red to daughter Of George H. Nash, but in three
weeks she left him and went back to her parents
with whom she has lived ever since, her husband
meantime not being allowed to visit or see her. Mr.
Salisbury Is seeking through the medium OF writ
OF habeas corpus to have his wife produced in Court
and see II thus he cannot again Obtaln possession
OF her. The case came up In this Court yesterday
when it was claimed on behalf Of the husband that
his wife is under restraint by her parents. In OPP
position this an alfidavt Of the wife was read,
stating that she was compelled to leave her nus
band on account OF his being unable to support her;
that she is under no restraint, and that she does
stances Will live with him again, and, finally, that
she Is in delicate health and requires the Kind
nme care On se other sSe ta @
not voluntary afidavit, and the statement was
made that the husband had letters from her OF about
the same date full OF expressions OF ardent anec-
tion Tor him. 1t was proposed by the husbands
counsel that the former and a physician OF his Sc.
lection be allowed to visit the wife and ascertain
The state OF her health and as to whether she
is under restraint or not 10 this proposition the
other side would not concede, and SO Judge Fan.
cher selected physician on his own account TO
visit her, and adjourned the case till this morning
for o further hearing.
Rosa Dittmar VS.. Otto Dittmar-Report of r. G
Beamish, referee, confirmed; Judgment of divorce
plaiutir.
Moleuicttu OcIuuB VS. mari VI -.
A. Fuller referee, confirmed. and judgment OF
divorce granted.
Langbeen vs.. Burke ct a-Judgment of FORE
closure and sale granted.
Mitchell ct al. VS.. Risey.-MOtion denied, with
$40 costs, to abide the event.
The Mutual Life Insurance Company of New
York VS.. j. A. Page ct aL-Reerence ordered to
compute, with an allowance to plaintiff, &c.
The People, &C., Mum VS.. Havemeyer, Mayor, ct
al-Order granted for writ Of alternative man
damus.
Black VS.. Funckponser.-Refer ordered TO
hear and determine the issue OF fact.
Gambler vs. African Methodist Episcopal Bethel
Church ct a.-Memoranda Tor counsel.
Smith vs.. Webb.-MOtiOn granted.
Lawson ct al. vs. Carroll ct al.-MOtiOn denied,
with $40 costs, to abide the event.
Saeller VS.. Schmidt, &c.-Motion for reference
to surplus Will be granted on production OF Cham
berlin's certificate, to be annexed to the a1i-
davits,
Kratchville VS.. Brayer.-Motion for short caen-
dar granted.
Brown vs.. Wing.-Memoranda for counsel.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
COURT or GENERAL SESSIONS.

Before Judge Sutherland.
Frank Bayer and Morris Walker yesterday
in this Court pleaded guilty to an indict-
ment charging them with stealing, on the 10th OF
August, gold watch valued at $3.50, the property
OF Sarah Berg. They were each sent to the state
Prison for three years. James Murphy pleaded
guilty to an attempt at grand larceny. On the 10th
OF last month he stole silver watch and suit of
clothes belonging to Washington Moran. The SEN
tence was two years. Imprisonment in the State
Prison. John Henry West charged with stealing,
on the 18th OF August, the contents of two trunks
containing nm the wearing apparel Of Robert E. walsh
arrested in the act OF pawnng some OF the stolen
articles. He pleaded guilty to an attempt at grand
larceny, and in consequence OF his youth was sent
to the Penitentiary for two years.
Petit Larcenies and Assaults.
John johnston who, on the 18th Of August, stole
watch from Ely Banks, valued at S35, pie AIDED
guilty to petit larceny.
james Taylor pleaded gnilty to the same grade
Of crime, the charge against HIM being that, on the
7th Of August, he stole 500 worth OF wearing ap-
parel owned by Mary Lee.
James J. Rogers and Hugh Brady, indicted upon
a charge OF robbing John O'Nei on the 10th OF
@ Ills Honor saa AFTER 20 m
OF the case, he was convinced the prisoners were
not guilty OF the serious charge preferred against
These prisoners were each sent to the Peniten-
tiary for six months
Daniel Connolly, who was charged with pointing
loaded pistol at Morris Bennett, pleaded guilty to
an assault. He was sent to the Penitentiary for
three months.
Ezra Johnson, indicted for receiving $27 worth
OF veveteen trimmings, knowing that the prop
erty was stolen from Rudolph Laudener, pleaded
guilty to petit larceny, and was sent to the Peni-
Tertiary for two months. The Judge was going TO
send the boy to the House OF Refuge, but Mr..
Price, VINO defended him. said that he might have
to remain there two years before he could get him
out.
Michael Farrell and Edward Wade pleaded
guilty to petit larceny. They were indicted for
stealing a ring, pocket knife and pair OF sleeve
buttons all valued at So So the property OF James
l.. Bradley
Forgery.
James Z. wurtzburg pleaded guilty to forgery "
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
JEFFERSON MARKET POLICE COURT.
Attempted Burglary.


Charles Sims, OF No. 1872 East Thirty second street,
charged with an attempted burglary on the prem
Uses No. 10 East Ninth street. occupied by Henry A.
Keer az dwelling, on the night of the soth ult..
was arraigned before Justice Ledwith, at the JEFF
ferson Market Police Court, yesterday, and COM
mttted without bail to answer.
Grand Larceny.
Frank Fleet, Of No. 2s6 Hudson street. was charged
with stealing $50 from William Gordon, of No. 1914
varlck street The complainant testified that the
prisoner threw mis- arms about him. and while hold
ing him took the money from his pocket. Held to
answer at the General Sessions
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
MARINE C0UaT--cAAMBeRS.
Decisions.

BY Judge JOachimsen
Bowen VS.. O'COnnOr.-Answer held to be friv>
olOus and motion granted
Gabriel VS.. Ackermann.-Cause advanced and set
down for trial Tor 18th inst.
Tate VS.. Acknowledgement vacated for irregu-
larity.
Scherf vs. WolfY.--Answer held to be frivolous
and motion granted.
Gallagher vs.. New York Brick COmpany.-Answer
held to be sufficient and motion denied.
Farrell vs. Kng.-MOtion to set aside order dis
missing appeal for irregularity granted.
Cashel vs.. Gold stein and Horton VS.. Damman.-
Mott ms to vacate orders OF arrest denied.
Mulry va. Welsh.-MOtiOn to set aside Judgment
granted
Demar VS.. FoXwell.-Answerh held to be sufficient
and motion denied
Stevenson VS.. Mo0re.-M0tlon to vacate order
for examination OF party before trial granted.
ton,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
COURT CALeNpARS-THIS DAY.

SUPREME CoURT-CHAMBERs-25, Al, S. SO, 81,
&c. GA, 81, 49, 96, 109 40, Ill. Call l2l.
COURT OF GENERAL SEssIONs-Held by Judge
Sutherland.-The People VS.. John WISE robbery;
Same VS.. William Burke, John Hennessey, Peter
Monahan John Curtin, James McKenna, william
H. McNevin, G. cambridge smith, William E. Reilly
and William Hennessy, felonious assault and bat
Rivers burglary; James Cahil, James Reilly and
Margaret Parrgo, larceny and receiving stolen
goods; Samuel Hill, Jacob Schwab and William P.
from the person. Henry Sage, false prctences; John
Rourke, receiving stolen goods; Edward stewart,
concealed weapons; Albert b. Smith, petit larceny;
Richard Maloney, Jr., assault and battery.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-03
KILLED ON THE HARLEM RAILROAD.

At Tuckahoe, Westchester county, yesterday, an
aged woman named Hopkins, wife OF a farmer
living at that place. was struck and instantly killed
by the Harlem Railroad express train, due in this
was walking on the track ana had stepped out OF
the way OF passing freight train when she was
struck by she locomotive OF the express. Coroner
dive years old.
, 1873-11-29


4 Louisville theatrical n,aiagcr has ont OF
certain journal from tho frou list OH account of
MI artlclo which lio did not like. Willie tho an-
agor had perfect right to do tills tho 1nanncr
OF dong II Hec,na to Indicate n belief that FREQ
admission to his theatre, accordod to Journal
Ia sort Of bribo, with which to conci1iato sho
good Offices Of tho pross, mud tint, whoil d
newspaper grows refractory, Ito punishment
will bo revocation Of tho privilege. This
il uuothnr instance Of tho necessity for
aholsl,ing tho loal-lscad buBnesa no far as
tho rolations Of newspapers with other inRtitu-
tionp OF public chnraoter aro ccncornod. It Is
moi likoly that thoro nro n,a1ly managers who re-
gard their froo 1lst ~ protection from uufayor-
able criticism, md IT Is cortaln that no nowi-
paper Of any consequence looks upon 1t IN this
light, while tho lead-hoad pystom 10 moro Of mn
annoyance tlnn Ecilollt to tlrst-c!ass jouri,ala
II tho thcatroH would initiate tho WoBtori rail
roads md nbollsh lilo tloal-hoad syntom alto
golhert they could not do tho newspaper proso
greater favor.
, 1873-11-29

Alabama is In tho Bame condition as mont Of
the other Southern states,-out Of money, car
rying large dobt, and with no credit to raise
more money. 4 correspondent writing from
TuHoalooaa says that the alternative pro-
sents itself OF ta1ation or republic
ton, and that, although the latter has
mover yet been seriously discussod by tho
representatives Of tue people, the former is out
Of the question at the present time. Tho cotton
worm has boon busy in its ravagea. md the pnnic
has followed with its reduction In the price. At
tho same time, the people nre forced to recog-
niza that some at thoir haRt cotton banda ara
wearing out Tile t. Northorn capital, of whoRo
efficiency 80 much was expected has done little
or nothing for tho stnto. So much Of it as haa
beon invested has been badly managed but tho
majority Of those who have gono from tho North
have gono without money, md many Of them
havo helped to bring about tho dojocted condi-
ton OF things now felt 10 seasibly.
, 1873-11-29

Tho death OF tho Hon. Richard Yates, tho
once popular War.Goyornor OF Illinois, which
was announced ID o,,r issue Of yesterday, will
hardly tako any one by surprise, Us it ia IN
oyout which might hayo been expected any day.
Ills name. however, laa boen so intimately con-
nected with Tho political history Of Illinois dur
Ing tho pnst swonty years, and he hag taisen 10
dcop bold upon tho popular esteem, notwith-
utautltng his many faillngs, that his sudden
death will undoubtedly produces widespread
feeling Of regret. Prior to tho War OF tho TO-
bolion his services and hia reputation wero Of
q local character. lie WAS d Kontuolian by
BIRTH, hut ca,Ao to tAiB Stato ut very early
age, and obtained Lis education loro,
graduating with high houors from Illinois Col
lego, md shortly afterwards took leading posi-
tton at tho Dar as q young lawyer Of great
promise. Like AIr. Lincoln, Of whom he WAL o
warm personal frlond, he took very aotiyo part
In politics 1T tho outset OF hIa career and at ono
timo waa ono OF tho most jealous, iniluontlal.,
and promising aBpirants for political lonora IN
that coteglo which embraced Atlo nanlon as Lin-
colu, Douglas, .nakor, mud otlora. 1lta public
careor commenced III tho Btato Legislature, to
Which Ao was eloctod several times III succousion,
md was 10 satisfactory that the pcoplo
, 1873-11-29

10 the Editor of Tie Chicago Tribune:
S1n: Tho Supreme Court oi Illinois has prob
ably mover attracted 10 much attention to itself
as within the past two ycars. Dy reason Of
many Of ltu decisious during that time, somo
have como to regard 1t as fraud upon Justice,
il not actually particepa criminls. OF course,
tho Supreme Court iH not to bo condemned in
this Wholesale manner, but rather uphold in ad-
miniHtoring tho law al it ia, oven to it's utnost
teclnicalty. But it must bo hold to tho atriotest
account fol falling into customs which, while
apparently lessoning itB 1abors. tend to promote
litigation and lefcat justice. AS d court OF last
resort, it should mako its decision q hnality III
every case, so far Al poBaiblc under the law.
How Beldom thfB Ia done iH not generally known.
The custom referred to Ia that Of not e1amin-
Ing all tho grounds OF reversal md afflrmauce IN
zach cago. a case Ia taken up on appeal or writ
OF error, and each party proBontB dozen polnts.
Loug briefs and laborad arguments follow. Tho
aeyou Wise mon proceed to determine tho cAse,
when, presto ! 1t Is disposed Of thus 1--WE
shall consider only one instruction, tor tho giv-
Ing of wh!ah Judgment must he reversed" The
evil ia apparent: Tho caso is taken up
legged arrors provided tho appellants money
holds out 30 long II not, tic solution Of tho 70.
maiung points will never be reached In Ills cAao.
Again this custom nakea It necessary to Ap-
peal numbers Of caaes involving tho very quea-
tlo,s that might have been settled in single
ono. Want OF timo Is no oxouso for tho custom;
for, by pursuing the proper course. litigation
would ba proportionately avoided and certainly
all questions properly before tho Court aro
equally worthy OF confederation, It not worthy
Of equal consideration. @. Il. j.