davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
UNITED STATES SUPREME COURT.
wAsurNGroN. d. G.. Feb. :. 1s7a

WASHINGTON, d. c., Feb. Z, 1873.
No. 80. Erie Railway Company VS.. The Commons.
wealth OF Pennsylvania.-This Is another OF the
railway cases from Pennsylvania, involving the
question OF the right OF the State to lay tonnage
duties on the transportation OF railroads. The
questions in this case are exactly the same as in
the case Of the Philadelphia and Reading road,
stated yesterday, except as to one point. The
company contends that the State having contracted
with 1t to grant the franchise Of q right
OF way through her territory, in consideration
Of the payment OF an annual tax OF
$4,000 and stipulated tax upon it's
stock, cannot subject 1t, in addition to these
taxes imposed by general laws on other companies,
without impairing the obligation of such tract,
and this it is not competent for the State to do
under the constitution OF the United States. The
State contends that by its provision Of law impos-
ing special tax on the Erie Railway It IL not pre-
cluded from subjecting the read to general tax
laid upon all railroad and transportation compa-
MES in the State, and 1t is said that 1t Is well
tied that such general tax may be exacted. The
intention OF the Legislature to surrender the gen.
eral power OF taxation will not be implied. It
must be express, and In this case such an express
intent does not appear. j. w. SimOnon for plain
tin In error; L. W. Smith and +. Carroll Brewster
for State
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
COURT Of GENERAL ssssIoss--aAaT l.
Sentences.
Before Recorder Hackett.

Before Recorder Hackett
James Gilligan, who pleaded guilty few days
since to an attempt at burglary in the third de-
gree, was arraigned for sentence The counsel
read number OF affldavts showing the previous
good character OF the prisoner, and his Honor
sentenced him to the Penitentiary for six months
Edward II. Irausinan, guilty OF similar offence,
also furnished unmisLakable proof OF previous good
character, and that he had nothing to do with the
inception OF the crime. He was sent to the Peni-
Tertiary for three months.
John Lund, who pleaded guilty to selling lot.
terry policy ticket, was sent to the PententIary for
ten days, the Recorder having been satisfied by
competent evidence that the accused had no In.
terest In the establishment.
A MuRacrous Assault Upon switchman n.
The entire day was occupied in the trial Of an in
dictment for felonious assault and battery upon
Michael Mangin, on the 9Th OF December, by Martin
Lyons, ST., and Martin Lyons, Jr. father and son.
It appeared from the evidence that the parties
River Railroad Company at Manhattanville; that
they had had previous quarrel and were bound
over to keep the peace, and that on the morn
ing In question, according to the complainants
stones and beat him severely. The old man
seized pitchfork and STABBED Mangln. while the
son cut him in the head with knife, innicting
dangerous but, fortunately, not fatal wounds.
The prisoners made widely different statement,
to the effect that Mangin commenced the attack
and beat them with nag pole, and then threw the
Old man over wall into the river; but the tide
was out and he was not drowned.
Mr.. Mott made an able and vigorous effort in
behalf OF the accused claiming that what they did
was in sefdefence. The jury found them guilty OF
an assault with a dangerous weapon with intent
to do bodily harm. In view OF their previous good
character the Recorder did not impose the full
penalty. He sent the father and son each to the
Penitentiary for two years and six months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
ROSENzWEIG THE AB0RTIONIsT.

The Effect OF BunGling Legisistion--
Roscnzweig Objects 10 . New Trial ~
Ordered by the General Term--A Spe-
ciai Plea IL Interposed by Counsel and
HIS Discharge Moved For-Argument
OF Counsel-Thc Case Adjourned tai
Thursdiay Next.
Tne case OF Jacob Rosenzwejg. 30 notorious IN
connection with the revolving "trunk tragedy, and
the shocking death Of the Young woman, Alice An
gusta Bowlsby, the victim, has again been brought
10 In General Sessions IN consequence OF deci-
sion OF the General Term Of the Supreme Court
that Roscpzweig, convicted Of the homicide OF the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
COURT or GENERAL SESSIONS PART 2.
Proceedings Yesterday.

bcloTe lily Judge SuIucrldnu.
There was long calendar in this Court yester-
day, and a number OF cases were disposed of.
Judge Sutherland presided
In the case of Thomas Farnam, charged with fe.
lonious assault and battery, a noIle presequi was
entered. Thomas Rigney charged with burglary,
pleaded guilty OF petty larceny and was sentenced
to six months in the Penitentiary. william Delaney
and John Mullany, both boys OF good character
cigars pleaded guilty and escaped with four months
In the Penitentiary.. Edgar Lewis also pleaded
guilty OF the petit larceny OF sleigh robe, and
he could give no satisfactory account OF himself,
except that he came from New Orleans, he was
sentenced to two years. hard labor at Sing Sing
snatching purse rom a lady, although the COM
planant did not wish to have him severely pun
ished There was also q case Of the forfeiture Of
Five cases were tried. Henry Lowe, indicted for
burglary, got verdict OF not guilty, owing TO the
curiously mixed evidence Of the complainant,
although he had at first offered to plead guilty Of
petit larceny and the plea was refused.
with feIoniously assaulting Mrs. Mary Murray, the
vile OF the keeper OF boarding house In James
slip The evidence was very conflicting, the de-.
abused Scott and had struck him with the butt
end OF pistol, and that Scott had only drawn his
properly, concluded that the sailor was the more
hardly treated Of the two, and acquitted him.
In sDs Of Meh1s
him sealskin cap, the former was found
not guilty. because a confession OF his
crime had been drawn from HIM by the detective
under promise that 1t would be better for him, and
that this confession, the only evidence of his guilt
was inadmissible The defence In the case OF
there had been stealing, there ceuld Of course,
be receipt OF stolen goods This was. howeve r,
overrued, but the Indictment broke down, owing
to mistake In the name OF the alleged owner OF
the property.
The last case was that OF an alleged
burglary by John, Patrick and Michael Brown. 1t
took three hours to try, and the complainant was
stated by several parties to have bad reputation
for truth and veracity. His evidence was, how
ever, corroborated by other parties. The jury,
after elaboration, were unable to agree upon yer.
dict, and the prisoners were discharged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08

fatigue Jacket sra; one hat, With pompon at
tached, 81; one pair OF spaulettes 90, ana one set
OF equipments, %. Oflcer Monahan, OF the Sixth
precinct found the articles in the possession of
James Connolly and John Hines who were endeav-
oring TO negotiate their sale with gentleman
doing business in the CASTOR clothing line in Bax
ter street.
Lieutenant Colonel ]. r. Hitchcock, OF the Ninth
regiment yesterday entered q complaint against
the prisoners and they were each held In 81, 600
FRIENDLY TURN.
Jacob Cohen, young man OF about eighteen re-
Gently became financially embarrassed, and set to
work devising ways and means ITO raise the
wind" He recolected that Frederick Gotthold
mate friends and bethOught himself or happy
idea. He indited the following note Immediately,
and presented 1t In person.
s little short %ieass ! the rs s Of tie month";
os w f. &c Ss Ii. sy s sEsn sena Il
viii extremely oSss and S Se s os e
s "D'"s' 0' 'e' FRED tC Sso6SfTnmf0LDn
As Mr. Jacob Cohen was the bearer alluded to, he
received check on the Central National Bank for
the amount. and drew the money. The experiment
proving SO successful he tried it other parties
put mis- career was prematurely ended by Officer
Bevendam. OF the Sixth precinct, and he was held
by Judge Downing in g. 500 BAH to answer.
James Lynch was arrested In the junk shop SO
Crosby street, having In his possession three iron
gates, stolen rom the premises or McssrS. Apple
ton Co., in Grand street, near Greene. The
property was identified by George s. Appleton, OF
$40 Broadway, who made the complaint. The pri-
soner was held In 81 900 bail.
ANOTHER STREET CAR ROBBERY.
Royal s. Gaines. lawyer, OF No. 2s4 Pearl street,
while attempting to leave car OF the Beecker
street line at the corner OF Spring and Crosby
streets, about eleven o'clock last night, josted
by two men, and Immediately after missed his gold
watch and chain. valued at $40. Oficer Quinn, of
the Fourteenth precinct, Immediately gave pursuit
aud detected man named James Monahan
IN the act Of throwing the watch away He was
arrested and held In S. 600 bail. He gave his occu-
patton as that OF an FISHERMAN and his residence as
Bro0me street.
WAGON THIEF ARRESTED.
Supply NJ. Rollins of No. 23S Church street. was
driving truck yesterday and charges that he saw
Daniel Murray In the act OF stealing from his wagon
some bundles OF flannel valued at $40. He gave
chase and secured the thief The latter was held
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
THE JUMEL ESTATE CASE.

The Suit Of Bowen vs.. Chase-NIore Re-
butting Testimony for the PLAINTIFF
George w. Bowen's Further Examfna-
tiOn-The Deposition OF Gideon j.
Tucker.
The hearing of the case Of George W. Bowen vs.
Nelson Chase was resumed yesterday, in the United
States Circuit Court, before Judge Shpman and
the special Jury
Mr. Hoar, Mr. Chatneld, Mr.. Chauncey Shafrer and
Mr.. Sawyer appeared as counsel for the plaintiff,
and Mr. Charles O'Conor and Mr.. J. G. Carter for
the defendant.
FURTHER TESTIMONY FOR PLAINTIFF IN REBUrrAL-
EVIDENCE OF PHEBE WARD.
Phebe Ward, al elderly woman, was called by
plaintiffs counsel, for the purpose OF confirming
certain statements made by witness (Henry No
dine), who had been examined for the plaintiff
The witness said she was born in April, 1885, and
was married on the 23d oil November, 1911, to
man named ward; she lived ~ Fort washington
at the time OF her marriage; her brother, Henry
Nodine, drd not live in the same house with her;
he lived in the same locality; he married Susan
Let's. Witness produced her family Bible, giving
the date OF her marriage as above.
Cross-examined-Her husband got the Bible they
did not want tho Bible before they were married; ;
did not know the moment her husband took a
notion to get the Bible; think 1t was within two
years after her marriage.
Q. Hoy soon after ysur marriage did you have
any chlldrenf A. do not know that 1t makes any
difference as TO that; did not know that wouli
be asked about that; we liked to have Bible ia the
house.
q. How soon after your marriage did you have
any children A. The children have got nothing
to do with II.
the Court-The question is proper. You must
answer.
witness-wer, suppose thirteen months after.
Thomas was the name o. that child; he lives irI
Sing Sing.
Q. DID your brother Henry CONC to yos some
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
IQMbs POLICE COURT.

Busy Day-Jwdge Bowling Disposes OF
q Large Gale ndar-Sfx Cases Of Grand
Larceny and One Case OF Forgery, Besides
Many Minor Offences.
Henry II. Rogers, Of Jos Fulton street, charged
John Mansfield with stealing coat worth $780, He
saw Mansfield put his nand inside the door and
take 1t down rom q rack. He was arrested by
onicer Reilly Of the Second precinct, and held by
Judge Bowling in $1,000 bail to answer.
THEY HAD MILITARY TASTE
Private Wilton Grimm, Of company A, Ninth reg
iment N. @. $. N. w. last week lost his uniform aud
accoutrements, the properly Of the Common
wealth, viz, ;-.Qne dress coat value f2e; 0ls
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
MORE MANDAMUSING.

The Contract for Paving South Fifth
Avenue and New Church Strect-Seelx-
Ing by a PeremptOry Manda mus to
Compel the Comptroller to Pay Balance
OF Seventy Per Cent still Due.
Among the many contracts lately, given out by
the Department OF Public Works was one by Com.
missioner Van Mort, for the paving OF South Filth
avenue, formerly Laurens street, and New Church
street This contract was given to Charles Guidet.
Under special statute, passed last Spring by the
Legislature, the Comptroller was authorized
to raise the money by assessment bonds
Under the provisions of tins statute Mr.. Guidet
claims that he Is entitled to seventy per cent Of
the amount Of the contract; or, in other words,
to some $l15,ooo out OF about $4,000, the amount
OF the contract. He has been paid s45,6s2 and the
balance, which he alleges to be due him, the Comp
freller refuses to pay In consequence Of the re-
ance Of the seventy per cent as stated
application was made yesterday before Judge
for peremptoTy writ OF mandamus against the
Comptroller TO pay the residue now claimed Elk.
Judge Edwards and Abraham K. Lawrence appeared
to press the claim of MIR. Gudet, while Mr.. George
p. Andrews, Assistant Corporation Counsel, repre-.
sented the interests OF the city.
Guidct -, reciting the facts in connection
with the contract, the amount OF money
aae He then insisted that the pay%ent Of CHS shs
Claim was the plain duty of the Comptroller under
the statute. Judge Pratt, he urged, decided the
same point about year ago in case brought upon
q contract given by the Park Commissioners. He
insisted that there was no possible defence against
the payment, and said that they had resorted to
the remedy asked for TO save themselves the trou-
BILE and expense OF prolonged litigation against
the city.
Mr.. Andrews claimed that the only proper
remedy was In suit against the city. He urged
that this was the course directed by Judge Brady
In precisely similar application made on behalf
of the contractor for paving Second avenue, above
Eighty-sxth street; he also cited as involving the
same point the application for peremptory writ
against the Comptroller to enforce payment Of
money claimed to be due Mr.. Leveridge on his
street cleaning contract.
Judge Davis said that 1t was evident he must
presume that the Comptroller had done his duty so
far as referred 10 tho issue Of assessment bonds,
and that he was directed to pay the claim by i'm
plication.
Mr.. Lawrence said 1t might be presumption OF
law that an officer had done his duty but some.
times 1t was very violent presumption.
Judge Davis added that IL was very obvious that
the duty OF paying the claim was implied II he
could find any law upon which the mandamus
should be granted he would grant It; but he was
very much afraid the law was against them.
After some further remarks Judge Davis took the
papers, reserving his decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
BUSINESS IN THE OTHER COURTS
UNITED STATES DISTRICT COURT.
Bankruptcy Suit.
Before Judge RIatchford.

Fairbanks n Co. vs.. Cruger.-A novel and i'm
portant point has been decided in this action dr.
ing the present term of the Court. The case was
tried before Judge Blatchlord and Jury. From
the testimony it appeared that In the latter part
OF May, 1872, Miss Cruger, the sister OF the de-
iendant, advanced to the defendant certain funds,
amounting to about two thousand five hundred
dollars. This money. was used in fitting up
retau store on Third avenue In this city, and
tue defendant gave Miss Cruger mortgage
on the same In the sum OF 81, 500, and conducted
the business IN bis own name. The plaintiffs
claimed that this was an act Of bankruptcy, and
filed their petition as creditors OF the defendant.
although standing in the name OF the defendant
ana under his control, was really the prepefty of
Miss Cruger, and that defendant had therefore, not
mortgaged his own property, and had not COM
mitted an act OF bankruptcy. The jury fonud a
verdict for the defendant. ID. NJ. Porterf for credit
ors; 4. a. Masterson lor defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
SuRR0CAIE'S COURT.

The Jane ANN Fowler Will Contest.
Before Surrogate Hutchings
In the matter Of the last will and testament Of
Jane Ann Fowler two relatives of the deceased up.
peared yesterday before Surrogate Hutchings by
counsel, to contest the will Deceased bequeathed
by her will some $4,000 worth Of property to some
cousins principally, with requests to number OF
personal friends or intimate acquaintanCes and en-
tirely Ignoring any supposed claims upon her now
put forward by three maiden aunts-the Misses
DeaS-the present contestants. Yesterdays pro.
ceedings were confined to the proving of the will,
already accepted at probate. The merits OF the
contestants have not been fully entered upon and
the case stands adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
JEFFERSON MARKET POLICE COURT.


SNWdunt Tor VOb0CcOe
Henry n. Slack, who keeps cigar store at 155
Ninth avenue. was brought before Justice Ledwith
yesterday. on complaint of Michael Conners charg-
ing him with swindling, in selling what purported
10 be a paper OF chewing tobacco for five cents,
ana which turned out to be sawdust. Slack was
held to bail IN the sum Of $500 to answer.
Grand Larceny.
Thaddeus E. Wadsworth, Of New Orleans signal
lied his advent to this city, and colder cline
than he had been accustomed to, by stealing wearing
apparel from the residence OF Henry Reed. s22Ys
Twenty-secOnd street, valued at Sll2. For this at
tempt to recuperate his wardrobe Thaddeus was
bail to answer. -"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
CITY GOVERNMENT.
lOFFICIAL.l
Board or Afdermen,

THURSDAY, Feb. 9, 1873
Presentation. S. p. H. Vance, President, in the chair,
and quorum Of members.
REVOLUTIONS REvKRRRD.
That the sidewalk the norhery side Of Forty second
street, between Fourth and Lexington avenues. be
laid
That Eleventh avenue, from sIxtieth to SEVENTEEN
street. he regulated and graded the curb and gutter
Ta, street lamps be lighted n * eighth street.
the boulevard TO distance y feet Of the Eleventh
also Croton water pipes be- laid In said street.
IMPORTS LAID OVER
That crosswaIk be laid from the northeast to the
southe asst corner Of Canal and Mulberry streeN
That the sidewalk the north side Of Forty-ninth
ilTest bsIMeeR Madison Spd Filth AyeAgea be RaExs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08

rsss Ss as asE: s s On s side
second d1.,e ss Ct
Ninth Tenth gutter ;r stones t.
That on the southeast Corner of Seventh sveun. ,,S
Twelfth curb and gutter set and the side.
That both sides Of FIFTY ninth street from the First
crosswaif be laid from No. Bowery to opposite
That sidewalks on both sides Thirty fourth street,
rem S Tenth h avenue to Eessnsn svsnae &c tagged
First avenue curb and gutter be SCI
Thas built n Ninety eighth street. from tho
That sewer Se built in sixty NTH street. from Tenta
r THAT street a LIGHTED in street. from
as s se a%Ps Be
r hhat street lamps be lighted in sxyhh street. from
with SSsG pavement na
i
s a ne S Pse WORKS AZ m aa
Dc s SpS the % CO y g &c rs
from ssgs
ss 0@ ho % be
Thai nc SS%%ssie%sT q Public works take
oren By c
sss q SRd q s sS:Ta ne
ernors room the at present occupied by the Cem
missioner OF Jurors the adjoining the Committed
s s sas IF South sna The q
through the same.
FROM ASSISTANT ALDERMEN ApoprnD-
Resolution fixing the salaries Of attaches the Board
of Assistant Aldermen -
1Ss%asiys. Frssdsnt Aldermen Billings, "COPPER"
Falconer Flanagan, Koch, Mohheimcr Norris Reflv
and Van Schaick-l0 -
RErERREp.
Resolution to pave l2sth street. from Third 10 Eighth
avenue.
Resolution to pave l2Ath street. from Fifth avenue "a
Harlem River.
Resolution to lay gas mains in 10th street. oetwecn
avenue and steamboat landing
street. ~ .
street.
Resolution to Ninety third street, from Third to
Fourth avenue.
Resolution TO curb and gutter Sixty fo
Madison to Fifth avenue.
Resolution TO regulate, &C., Nincty-thrd street. FROM
Third to Fourth avenue.
Resolution place free drinking hydrant southeast
corner OF Sixty-third street and Tenth avenue
Resolution to pave Thirty fifth street. Firstavenue
TO East River. 80,
Resolution curb, gutter and flag Thirty street.
from First avenue to East River.
Adjourned until Thursday next. the 18th instant NJ
+. NJ JOSEPH G. PINCKNEY Clerk.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08

ruptcy suit Of John h. Platt vs.. Joseph Caldwell
ana others. The Judge says the Judgment In favor
OF Z. and W. s. Cobb was q valid lien on the
freehold estate conveyed In fraud OF creditors but
was no Hen on the leasehod estate The same In
true or the Adams judgment. The same
Y Y. true o. the Judgment In favor Of the
Is true or the Judgment in favor or the
Ocean National Bank. The Merchants Exchange
National Bank acquired valid lien by the com.
mencement OF their creditors suit in equity In the
State Court, on the property conveyed in fraud OF
creditors, and proceeded against In that suit.
Such lien does not extend TO the cost Of that suit
The Ocean National Bank acquired no valid lien by
the commencement or any creditors suit In equity
or any property conveyed In fraud OF creditors No
have been acquired by commencing 1t would have
been void, as preferential under the Bankruptcy
lien on the leasehOld estate, and valid lien
on the freehold estate. 1t was preferential under
the act.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08

MONDAY, Feb. 3, 1873. }
Prcsent-wilam Wade, Esq, President in the chair.
and a quorum OF members
RESOLUTIONS OVER. .l q
ThatTwentysecond street, from First avenue IN Fourth
avenue be paved with Belgian or trapblock pavement.
That Twenty first street. from First 10 Third
avenue be paved with Belgian trap-block pavemen1
That I24th street. from sixth to Eighth avenue, be-
paved with granite block pavement
Il,
Resolution fixing the number and compensation Of tho
clerks an other officers of the Board OF Assistant Alders
men, and prescribing their duties
BY the following vote
NEUTRALITY-SUSPICIOUS. Aldermen Murphy, Heating.
President Assistant Aldermen Kehoc Brucks sinonson
Linden and Bcyea-N
keenan,, Kelly, Cumisky and Somers-7
Adjourned until Monday 10th ins at three O'clock
=. NJ. WILLIAM H. MOLONEY. Clerk
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
COURT Of COMMON pLEAs-sprc,Al TENN.

DecisiOMs.
BY Judge L0ew
Beaumont vs.. eaunont.-Memorandum for
counsel.
by Judge Robinson.
Frendenthalef vs. Bl0ck.-MOtiOn denied
BY Judge Larrelnore lin equity
The Blue Ridge Railroad Company VS.. Kemp
tOn.--AllOwance $3.50 TO defendant.
Fearing vs. lrwin.-Decree settled.
Weber VS.. Observation-Disclosures for distribu-
ton OF fund as per findings. Decree to be settled
on notice.