davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
MINNESOTA.
Crop REPORTS.

MINNEAPOLIS, July 18.-Crop reports
from McCloud county, about the centre of
Minnesota, says wheat in that region will
be ready to cut in a few weeks. Reports
from several sections say the wheat harvest
this year will be from enc to two weeks
earlier than last year, owing to the splendid
growing weather which prevails. Minneso-
to has never had more favorable season
for wheat. The coming crop is estimated
all the way from five TO fifteen million
bushels larger than last year.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
THE CRIMINAL CALENDAR.
A-Defect In Indiana Law.

Defect IN EnHIana Law
SOUTH BEND, IND, July 1S.-The
coronrr's jury have held their inquest for
three days over the murder of the Dane,
Chris. Christian, and their verdict charges
the crime upon Jno. Duffield, who jumped
the city on Wednesday and is now probably
safe in another State. The State of In
diana makes 10 provision for expenses to
follow and arrest criminals, so that be will
not be likely to be apprenended.
Didn't Believe His Testimony.
Boston, July 16.-Wm.. B. Lincoln, at
the examination of his wife to-day on the
charge of shooting him, testified she did not
fire, Notwithstanding she was held for trial
in 81, 800 bail.
Two Thieves Lynched.
MILWAUKEE, July 1S.-A Green Bay
special TO the Sentinel says two men who
robbed Dick inson 81 Co., and others, at
New London, were caught at Shawana last
night. a vigilance committee of 90 citizens
took them from the sheriff to tie nearest
tree, put a Lcose round their necks and
hung them till they confessed where the
goods and money was.
A Negro Murders his Adopted Son.
CLEVELAND, July 1S.-A negro named
Stephen Hood, was arrested yesterday for
the murder Of his adopted son, = years Of
age. The murder was committed yester-
day morning between this city and New
burg. Hood took his nephew and son, told
them he was going hunting. After getting
into he woods, he sent his nephew awsy
after liquor. The boy, unable 10 find tn
saloon, returned, to find his unc,e alone,
asked where his cousin was, and was told
that he was lost. The boy reported this to
Mrs. Hood, who informe an officer. They,
after searching the place where Greenberry
was last seen, found the body buried about
foot under ground. The only mark of
viole ce On the tody is dent on the right
temple, as if made by club.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
TIRED OF LIFE.
A Distinguished phaIc,an surei,

a Distinguished PE< dician Suicides.
CINCINNATI, July 1S.-A Gazette spe-
CT says DR.. Thomas Dudley, First Assis-
tant of the Z stern Lunstic Asylum, Lex
ington, KY, committed suicide this ening
by taking thirty grains of morphine. He
was about forty years old and had been
connected with the institution nearly 20
years. He has been a valuable officer.
During the past year or two be had shown
some evidences of insanity, owing, it is sup
posed, to intimate relations with the insane
and intense application to duties.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19

THE Cincinnati Gazette reports that from
the 14th Of June to the 18th of July, there
were l53 deaths from cholera in that city.
On the 18th of June II died, which was
the greatest mortality in suy one day.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19

TENNESSEE BONDS we're higher in New
York yesterday, selling at 81 for the old,
and S1s for the new issue.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
Fire and Loss of Life.

SPRINGFIELD, Mass, July 1S.-Grant's
building in Westfield was burned this even
ing. The cause of the fire was an explos-
ion in W. W. Richardson & Co.'s whip
factory, by which W. A. Richardson, son OF
the proprietor, was instantly killed.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
The Apaches Want Peace,

SAN FRANCISCO, July 1S.-The recent
sttacks Oh Lieut. esOcocK on the Ionic
Apaches, produced a good effect. Two
hundred sayages have surrendered at the
reservations. Chief Chelterpan says he
wants peace. Gen. Crook made him sar-
gesnt of force of Indian scouts at Verdi.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19

COTTON was in moderate demand in
New York yesterday at 21c for miGdling.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19

1t is understood the Directors of the Pa
citic Mail Steamship Company have been
advised by counsel not to sue ex-President
StockWell,
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19

GOLD was more active in New York
yesterday, closing at 1853.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
uainm aud Amftifau,

TERMS OF SUBSCRIPTION,
TT MAIL Or AT THE BUSINESS OFFICE.
ID ally, IL months, in advance. $40 90
.,..,,,..,... 90
4" .............. so
,............. 90
/ week. .,...,.,..... %
DELIVERED By CARRIERS IN THE CITY AND
KDGRFIKLD.
Daily, IL months. .s12 90
a 6 90
.sss....s....s..ss..'s.sss w
.sss.......s...sss.sss.s w
week ........................ %
Semi-WeekIy.. 81. Sc.
PAYABLE IN ADVANCE.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-19
ST. LOUIS.
Another Indignation Meeting.

Killed by a Falling Embankment.
ST. LOUIS, July 1S.-Henry Roche snd
Henry Eek, while laboring in excavation in
the 'extreme lower part ofthe city, last even
ing, were killed by an embsnkment falling
on them. Phillip Murser and Daniel Rock
vera aleo hadlv ininrad
The New York herald., 1873-09-17
An Injunction That Failed to Hold
Good-The Injunction Set Aside
by Judge Daniels and His
Reasons for Doing So.
IMPORTANT TO OFFICE-HOLDERS.
Gan Party Hold Two Public Offices Under
the Common Law What Constitutes
Incompatibility Of Offices.


Judge Daniels, recently holding Supreme Court
Chambers in this city, rendered decision yester-
day refusing to continue the temporary injunction
restraining the Atlantic and Pacific Railroad Com
pany from paying rents reserved in lease made
to it by the Pacific Railroad Company OF Missouri.
several Western railroads are involved in the
controversy, and to them, OF course, the decision
Is important The points OF Judge Daniels opinion,
& embodyng his decision, will be found given pretty
fully below.
James Ryan, who was member OF the last State
Legislature. still persists in being entitled to his
pay for the same time as Deputy Clerk Of the
Court OF Special Sessions His application for a
1mandamus against the Comptroller, directing him
to pay him his salary such clerk during the time
he was absent in Albany, which was recently re-
fused In the Supreme Court was renewed yester-
day in the Court OF Common Pleas before Judge J.
r. DAILY. The Judge listened patiently to the argu-
ment but did not give his decision In view Of the
fact that there are so many holding two city
offices and clamoring for double pay, the decision
will be looked forward to with interest.
The New York herald., 1873-09-17
MARINE CouRT-pART |.
Suit by q Foreign CorpOration-The
Jurisdiction OF the Court.

Suit by q Foreign Corpora
JurisdictiOn OF the Court.
Before Judge Curtis.
The Peters Manufacturing Company VS.. Denty ct
al-The plaintiff is a corporation deriving its legal
life from the laws of the State Of New Jersey. The
defendants are merchants, doing business in
Havana in the Island Of Cuba. The plaintiff claims
that 1t shipped quantity OF 'duck" to defendants
for which they had only partly paid The action
to recover the balance due. The defence con-
tended that under the original contract the plain
tiff agreed to furnish quality of duck equal in all
respects to that manufactured by Peter Neninger
& Co.; that the duck received by defendants was
Of an inferior quality, and defendants were
damaged to the extent OF two cents yard; and
for this they asked the jury to give them con-
sideration.
Judge Curtis charged the jury that the Court
had jurisdiction, although the plaintiff was what Is
known as foreign corporation, and that the mat
ter OF proof was on defendants to show that the
tract Contemplated the furnishing Of duck equal
in quality to that manufactured by Neninger Co..
and also to show that the duck shipped was of an
inferior quality, and that under ordinary circum-
stances 1t was the duty OF vendee, where
opportunity OF inspection was allowed, to return
offer to return goods found to be defective.
The Jury disagreed.
The New York herald., 1873-09-17
WEDNESDAY IT, 1s7soUADRuPLE SHEET

1s the two duties sre conflicting and cannot by
their own nature be performed by the same person
at the same time. Two ofnces are incompatible
only where the holder cannot In every instance
number OF cases in support OF this principle.
The whole practice OF official life In England was
against any such principle OF common law. Al
most all the high State Of1cials were members OF
Lord Mayor OF London, the Lord Mayor OF Dublin,
were members OF Parliament The only rule was
one OF common sense-that where there was IN
herent contradiction between two ofiices one OF
venient to hold two such ofices. and may serve as
a ground for the removal OF the official by the
proper authority, viz, the power that appointed
the Board OF Police Justices. The incumbent
The law did not assign any special duties
to the Deputy Clerk OF this Court; it says
the duties may be performed by the
clerk or deputy. 1t must be assumed that they
trary. There is no ofllcer OF the government who
does not occasionally leave his Official duties for
while. The President OF the United States some
times enjoys the cool breezes Of Long Branch while
sometimes spend weeks at saratoga. The Judges
absent themselves from the bench. Should a de-
ducton be made from the salaries OF these omcers
for each month"; week or day Of absenceY and is the
all such absences q deduction from their salaries
must be made There Is nothing In any OF these
objections. The salary Is an annual salary, paya-
BILE in equal monthly payments. There Is no power
fuse to pay them while the offcial holds the offce.
Section 20 of the new charter expressly prohibits
the Comptroller from tnquiring as to the perform
ance OF duties OF an o1cer whose salary Is fixed by
law.
After the argument, which was very lengthy, the
Judge took the papers aud reserved his decision.
Messrs. O'GOrman and w. +. Mcnamara for the
relator, Mr.. Dean for the Comptroller.
The New York herald., 1873-09-17
SUPREME C0URT-cHAMBERS.
Decisions.

By Judge Fancher.
COwan VS.. Thompson.-Judgmen granted.
Swift vs.. Swift-Judgmenr ordered,
Bakererdt vs. ScraYer.-Memorandum for coun-
sci.
Read vs.. Hatch.-Order of reference to R. G.
Haworth vs. Dwight ct al-lnjunction order
granted, &c.
Mutual Life Insurance Company OF New York VS..
Page ct al.-Reierence granted.
Marks ct al. vs.. FOran.-The motion for reference
Is Denied and on the same stipulation the cause Is
ordered on the short calendar.
GOeller vs, Schmidt.-Order confirming report
and granting distribution OF surplus, stated in
order.
In the Matter of Plasch.-The evidence OF the
brutal treatment Is so Iull that the report OF the
must be confirmed. The order is settled as pro-
posed.
Metropolitan Savings Bank vs. Wright ct al
The trial fee cannot be allowed, as there was no
answer. The $50 must therefore be reduced to $40
for motion. The auctiOneer's fees must be reduced
to $50, as there was but one lot advertised The
other objections to the taxation are Overruled.
BY Judge lngraham.
People, &C., VS.. MallOry.-MemOrandum for cOun-
sci.
BY Judge Pratt
Rudinski Vs. Frost-Motiou to resettle order
granted: no costs Of this notion
Brewster vs.. Manning.-Motion to resettle order
granted.
Decisions.
BY Judge Van Worst.
Morgan vs.. Drew.-Motion granted
Schmd VS.. Argumbau.-Order settled.
Andrews VS.. Davison.-The same.
BarnstOrf VS.. Inska-Order granted.
Honheimer vs. Meyer.-Order granted.
The New York herald., 1873-09-17
COURT CklENDARS-THlS DAY.

SUPREME COURT-CHAMBERs. - Held by Judge
Fancher.-Nos "a 2 26, 81 49, 3O so, 81, S. So, 81,
634, 631S, 95, 98, 80. Call 103.
MARNE COURT-Part Held by Judge Curtis
Nos. 2703 242 2910 1882 2167 1862 2563 $685. 1908,
27SO, 1858, 1854 2ss9 1880, 2s92 3o43 29ls Part p
Held by Judge Shea.-Nos. 1885, 1856, 2543, 25l3,
2743, 2743H, 1859, 2576, 1859, 2S39.
COURT or GENERAL SEssIoNs.-Held by Judge
Sutherland.-The People vs.. Michael Foran and
James Broderlck, rape; the Same vs.. Michael Con-
way, larceny and receiving stolen goods; the Same
vs.. Eliza Mulligan, larceny and receiving stolen
goods; the Same vs. William n. Miles, larceny and
Pickles, Edward LoOley and Henry Page, larceny
and receiving stolen goods; the Same VS..
Edward Sparenberg and Frederick Cortland.
vs. George A. Hicks, larceny and re-
ceiving stolen goods; the Same vs.. James Quinn.
grand larceny; the Same vs.. Dora Connolly, grand
larceny; the Same VS.. Dora Aren't, grand larceny (;
the Same vs.. James G. Moore and John Nugent,
grand larceny; the Same vs.. Florence Shea grand
larceny the Same Charles Clark, grand larceny
The New York herald., 1873-09-17
COURT OF GENERAL SESSIONS.

Dublin Joe Sent to the Pcnitentiary.
Before Judge Sutherland.
fhe FIRST case tried by the Jury yesterday was an
Indictment against Thomas Murphy, alias Dublin
Joe, for an assault with intent to steal as pick
pocket. MIR. Rollins called Detective Farley, who
swore that on Sunday, the 9th Of April he saw the
prisoner and "Scotchey Jack" near the st. Patricks
Cathedral He watched their movements and saw
Dublin Joe put his hand In the folds OF the dresses
OF two women. Mr.. Howe was assigned to defend
the prisoner and raised number Of technical OBJ
jections to the Indictment. verdict OF guilty was
rendered, and the Judge imposed the highest PEN
atty, which was one years. imprisonment In the
Penitentiary.
Larceny Of Watches.
william Thompson pleaded guilty to IN attempt
at grand larceny. The indictment alleged that on
the 7th of September he stole six silver watches,
worth S67, the property OF Alexander Thomas.
thompson was sent to the state Prison Tor two
years and SIX months.
Assault ~ an Old Man.
An old man, seventy-nve years OF age, who gave
nis name ~ John Witter vsa ohsreed with cutting
The New York herald., 1873-09-17
COURT Of SPECIAL SESSIONS.
A Dfsorderly Policeman.


Hiram 7. Meeker, bridgeman at the Fulton ferry,
was arraigned at the bar Of Special Sessions
yesterday, charged with assault and bat
terry on 0nlcer John Murphy, OF the First
precinct onlcer Murphy alleged that on
Sunday morning, between four and five
O'Clock, while he was coming over from
Brooklyn, he was attacked by several Of the deck
hands OF the ferryboat. and that the prisoner
knocked him down and kicked him on the lace and
body.
Counsel for the prisoner informed the Court that
the on1cer was drunk at the time and was tried
before the Police Commissioners for drunken
ness and disorderly conduct and recon-
mended for dismissal Mr.. Meeker and
several Of the deck hands testified to the same
facts, and that Murphy, after acting In violent,
abusive and disorderly manner, took the prisoner
70 the New street station and made false charge
OF assault and battery against him. Meeker was
honorably discharged.
Beating Her Husband.
A decrepit old man named william Fagan made
. charge against his wife Margaret. OF striking him
on the head with pitcher. Margaret is q strong,
hearty-looktng woman, but showed signs OF hard
drinking habits She denied the charge, but was
convicted and sentenced t0 six months In the
Peuitent0ry.
The New York herald., 1873-09-17
IMPORTANT PUBLIC QUESTION.

Can q Person Hold Two Public Omces
Under the Common Law :-What Con-
stitutes Incompatfbility of Omccs.
Ryan vs.. Comptroller Green.-The question, Does
the election by the people OF person to the posi-
tion OF member OF Assembly and his acceptance of
the same involve necessarily the vacation by him
Of any Office he may hold under the county govern
mentS came up yesterday before Judge Joseph +.
Daily In the Court Of Common Pleas, on an apphca-
tion for writ OF peremptory mandamus against
Comptroller Green TO pay James Ryan, the Deputy
Clerk Of the Court OF Special Sessions his salary for
the months of February, March, April and May of
the present year, at the rate Of S. 900 per annum
Mr.. Ryan was elected a member OF Assembly in
the fall OF 1872, and the Comptroller refused to pay
bis salary for these months because he was alb
sent In Albany and had not performed ser.
vices and also that the charter prohibited the
holding OF two ofnces. The motion was originally
brought In the Supreme Court, before Judge Dan
iels, who decided that the prohibition In the char
Ter did not reach Ryan's case, as he held county
once The Judge gave long opinion, and held
tnat under the common law the two ofices held
oy hyan' one requiring his services in New YORK
M ana tnc other In Albany, were incompatible, and
ferred to number Of old cases ~" TO ' support his
views: ne allowed an alternative writ to ISSUE
ass ras se ne quesuon might be argued on the points
Mr.. W. F. Mcnamara, the re,ator,s attorney.
removea une case TO the Court OF Common Pleas,
where u was yesterday heard on the return to the
Mr.. II. O'Gorman, Of counsel arpued for tne re-
lator tnat the statutes OF the States set the
cases In which of1ces become vacated ana that
among them the acceptance Of another once ia not
specified. The statutes state that member of the
Legislature accepting seat In ConQress or on M
civil or military once under the federal govern.
ment vacated his seat In the Legislature N thar
was any principle OF common law governing the
question OF vacation OF one once by accentinv
been needed. The case OF Millward VS.. Thatcher
I'D Term Rep.), decided In 1881, referred to bv
Judge Daniels In support Of his views was 4 casa
OF one elected as jurat accepting also the position
OF cle& In the same Court and it was held that the
acceptance OF the once OF clerk fpso acto vacated
u impossible for the same person to hold
st the same time-one cannos be q Judge
cases thess s manlleatly "t1cempatibuiy;" !" that
The New York herald., 1873-09-17

John Rally In the arm with a knife on the sth OF
this monA The complainant said that he was In
toxcated wi,ile passing through Seventh avenue,
and after accidentally showing up against WMter
he stabbed him In Che shoulder. The Jury rendered
q verdict OF guilty OF assault and battery, and, at
the request OF Mr.. Price, the Old man was remanded
till Friday.
Petty Larcenfes.
Oliver B. Warren, charged with stealing on the
10th Of August $50 worth Of machinist's TOOLS the
property Of Cornelius Ryerson, pleaded guilty to
petty larceny He was sent to the Penitentary
lor six months
Michael Knowles, who on the 27th OF July stole a
D0at owned by Henry Hall, was convicted OF petty
larceny and sent 70 the Pcnitentiary for four
Alleged Indecent Assau ault.
Late in the afternoon Timothy Lane and James
Brennan were arraigned for the perpetration OF
an alleged outrage on Johanna Handley. The CON-
this morning.
Acquittals.
Henry Becker was tried upon q charge of steal
ing gold watch from the house OF Johanna Hopp,
292 Second street, on the Goth OF August. All the
circumstances showed that the accused had no
felonious intent, and the jury rendered . verdict
OF not guilty.
Antonio Laroga was charged with stealing $27
from the apartments OF Mary Fregalia, on the oath
OF last month. The legal testimony was insuf1-
cient to convict Mr. Kintzing having succeeded in
getting confession excluded. They acquitted the
accused.
The Eric Bond Forgery Case In Court.
In the afternoon Colonel Fellows called Judge
Sutherland's attention to the fact that he was in
formed Ferdinand Bertolf was visited by detec-
tive and requested to call ut the District Attor-
ney's Once and communicate such information as
he might be possessed OF regarding the disposition
Of $s5,OOO or $4,000 worth OF forged New York and
Erie Railroad bonds of which so much was said in
the newspapers. Whether Mr.. Bertolrs eXpana-
tion was reasonable one or not he (the COUNSEL
torDey was about to apply in the aftern to His
Honor for warrant OF commitment based upon
eE pGTte aflidavts The counsel desired to protest
in advance against that course, and to claim an
examination before HIS Honor or some committing
magistrate. Judge Sutherland said that the conn.,
sells motion was out OF order and there the matter
drOnped.
The New York herald., 1873-09-17
MARINE C0URT-pART 2.
Decisions.

BY Judge Shea.
Lawrence vs.. Sch9ier.-Judgment by consent
for the plaintiff for S275, without COSTS disburse
ments or allowance.
Goodklnd VS.. Hamer.-Action on promissory
note. Judgment for the plaintiff for $155 &C. costs,
and SIS allowance.
Patterson vs.. Ayers.-Judgment for the plaintiff
for $109 "a, costs and $25 allowance.
Howard VS.. HOgan.-Actlon for services as q
surgeon. Inquest by default and Judgment for the
plaintiff for $233 90, COSTS and $25 allowance.
O'Rourke vs. Ptmmel.-Dsmissed with costs and
&25 allowance.
Cullman vs.. Gossmeyler. for goods sold
and delivered.
The New York herald., 1873-09-17
COURT 0r SESSIONS.
Grand Larceny OF Money.


Grand Larceny OF Money.
Before Judge Moore.
Bridget O'Neill was placed on trial yesterday for
grand larceny, and 1t was proven that on the 2lst
day OF July last she stole 500 from the trunk OF
Ellen Nicholson. Of No. 27O Jay street. The pris-
oner pleaded that she was drunk and took only 81,
which she returned the following morning. The
Jury not believing her story convicted her OF grand
larceny, and Judge Moore sentenced her to the
Penitentlary for year.
Woman Pickpocket.
Catharine Winn was convicted OF having picked
the pocket Of LADY on one Of the Fulton ferry
boats. Judge Moore thought that she was pro-
fessional thief from the fact that humber Of the
Cherry street gang were in Court and took great
interest In the case The Judge deferred sentence
Tor q few days, In order to make inquiries TO
whether she "worked" with that crowd or not.
He notified her that II he found that she did he
would severely punish her.
The New York herald., 1873-09-17
MARINE C0URT-CHAMBERs,
Decisions.
By Judge JOachimsen.

BY Judge JOachimsen.
Fisher VS.. Schmidt-The certificate Of Mr..
Kracke does not negative the requirements OF
section 236 OF the code 1t does not negative that
he owes to the defendant. His certificate is eva
sive, and s, In fact, refusal to comply with sec
ton 236. He must be examined. Examination
adjourned to September Ii, at ten A. M.
Elias vs. Powers-Order Of substitution OF attor-
ney granted.
Brown vs. Waite.-Order granted opening de.
fault and setting cause down 1or trial December
next.
Simon VS.. Anderson.-Order granted extending
time to answer.
Dunn vs.. Kinney.-Order granted vacating judg.
ment aud placing cause on day calendar OF Part 8
for trial nrst Monday Of October next.
Hatch vs.. Sinclair.-0rder substituting service
OF summons granted.
BY Judge Gross
Main VS.. Haas.-Motion denied, with $40 costs.
The New York herald., 1873-09-17
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.
The Case OF Carl vogt Again.

1nc CHsc OHFI VUBt HB~Hhs
Before Judge Blatchford.
Mr.. Bowen, counsel for Carl Vogt, the alleged
fugitive murderer OF the Chevaler du BOis Blanca,
appeared before Judge BlatchfOrd yesterday morn
ing and, ON written proofs that the State Depart
ment had decided that vogt could not be extra
dited under the treaty between the United States
and Prussia, and that more than zone calendar
month"; has elapsed since his commitment to await
the Presidents warrant Of extradItion, obtained
writ Of habeas corpus returnable at noon on the
18th inst, requiring Marshal Fske to show cause
why Vogt should not be discharged from his GUS
tOdy. The statute recites that in extradition
cases, where more than one calendar month has
elapsed after the commitment OF person to await
the Presidents warrant Of extradition, and such
be brought before q competent Court to be DIS
charged, IT, in the opinion OF the Court, the facts
warrant such discharge.