davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-09-12
An injunction Applied for Against the
Harbor Masters-The Court Requires
Further Afidavits in the Case.
The Penalty of Borrowing Mon
ey--The Defendant Re-
manded for Trial.
A Real Estate Broker Sues for CompenSa.
tiOn.-.The Court Gives Judgment
in His Favor.
BUSINESS IN THE GENERAL SESSIONS.

The case OF Johnston Il Yates, charged with
being implicated in the recent torgeries OF New
York Central and other railroad bonds, and which
has been brought up regularly for several days
past in the Court Of Oyer and Terminer was up
yesterday again in this Court, and as heretofore
went over again another day, owing TO the Grand
Jury not having yet brought in any additional In
documents against the accused. 1t is conceded
meantime, that Mr.. Banks, the broker, the princi
pal witness for the prosecution and who was to be
called for the defence, cannot testify as to an!
guilt of Mr.. Johnston In regard to the bonds given
him by the latter to negotiate.
The Harbor Masters. as will be seen by the re-
port below, are after the New York Floating Dry
Dock Company, and are seeking to prevent their
further occupation OF pier No. 40 North River,
which 1t has occupied for the past thirty years.
An Injunction has been asked for against the
Harbor Masters, and after the matter had been
discussed at some length yesterday before Judge
Fancher, at Supreme Court Chambers, the case was
adjourned to allow the putting in Of further af1
davlts.
The New York herald., 1873-09-12
guilty to an attempt to commit the offence, and
was sent to the state Prison for seven years.
Grand and Petty Larcenfes.

guilty to an attempt to commit the offence, and
was sent to the state Prison for seven years.
Grand and Petty Larcenies.
George Brown charged with stealing a pocket
book containing SIS on the I'd lnst the property OF
Anna Armstrong, pleaded guilty to an attempt at
petty larceny from the person. The sentence was
two years and six months in the State Prison.
Michael O'Neil pleaded guilty to an attempt at
grand larceny, the allegation being that on the
25th OF August he stole a silver watch from Chris
tian Held at Jones' Wood. He was sent 10 tne
State Prison for two years -
Pauline Reeger, who on the 25th OF August
stole f q sna
conveyed it to this city, pleaded guilty. She was
sent 70 the Penitentiary for one year.
charge Seng that on the 9th OF August he stole
piece OF cloth, valued at $S2 the property OF Patrck
McNaily.
John Benson, who, on the 3Oth Of August, stole
$33 worth OF plated ware, owned by Darwin A.
Greene, pleaded guilty to petty larceny. These
prisoners were each sent to the Pemtentlary ior
six months.
An Alleged Gambler Acquitted.
Most OF the day was spent IN the trial of an ins
dictment against Charles Gumpe, who was jointly
indicted with George Braun and Herman Meyer, for
inducing people to visit gambling house. Braun
and Herman were convicted before the Recorder
and sent to the State Prison. The proof was that
John Berlin, German sailor, and his ship mate
were met by Braun, who invited them to occom-
pany him to gambling saloon at lib chatham
street where according to Detective Tully, what s
called the Skin game" is practsed. All the evi-
dence against Gumpe was that he was in the place
and furnished the party with drinks. Ex-Recorder
Smith stated that he could show by witnesses that
Gumpe was paper hanger. and went there to col
lect BILL lengthy and discursive argument
took place, In which the counsel and Mr. Rollins
participated. His Honor held that the testimony
offence named in the Indictment and the Jury
were instructed to render verdict OF mot guiltyh
The New York herald., 1873-09-12
MARINE CoUR1-pART |.

BelOre Judge CuruS.
Margaret Drew vs.. John Keyes.-This action was
brought by plaintiG against defendant to recover
brokers commissions for the sale OF two separate
houses, belonging TO defendant. The plaintiff testi
fed that defendant agreed to pay her one per cent
on the amount OF the first sale, and also promised
to pay her what her services were really worth in
the sale Of the second. Defendant denied the en-
ployment OF paintif, and contended that the SER
vices which resulted In the sales were performed
by another person. Mrs. Drew testified that she
had been broker TOR two years, and had bought
and sold real estate.
Judge Curtis charged the jury that the plaintiff
was bound to prove-nrst, employment or ratifca-
tion OF her acts; second that she was the procur-
Ing cause OF the sale, that by and through her in
strumentality the transaction was cOnsummated,
and that her duty ended when the minds OF the
parties were brought together in the channel of
mutually. The Court also instructed the jury that
posseSsor OF property had the right at any time
to take 1t out OF the hands OF broker unless there
was an agreement that the broker should hold 1t
for certain time or until sale was effected, in
which last case the negotiations should be consum-
mated within reasonable time.
The Jury found for plaintiff In the sum Of $175.
The New York herald., 1873-09-12
SUPREME COuRT-cHAMBsRs.

The HnrbOr Masters Asserting Their
Control Over the Wharves and Slips
An Injunction in the Case and Promise
Of Long Litis alton.
Before Judge Fancher.
Application was made yesterday in this Court on
behalf Of the New York Floating Dry Dock Com
pany for an Injunction against the Harbor Masters
OF this city, restraining the latter from any inter-
ference with their occupancy of the slip at pier 40
North River.
Mr.. Erastus G. Benedict, on behalf of the appli-
cants contended that for the past thirty years they
had occupied this slip, through proper grant, which
had never been rescnded. He insisted further
that their business was necessity to commerce,
and that this was the only place where 1t could be
carried on with proper protection from wind and
sufficient depth OF water, and convenient to the
they expended large sums In connection with the
docks, including $4,000 recently expended for
dredglng. strong point urged was that their
the statute, and therefore that the Harbor Master
had no jurisdiction over 1t.
Mr. Butler, for the Harbor Masters, contended
that, for the purposes OF commerce, they had ex-
clusiye control Of the wharves and slips OF the
city. As to the present case, it was understood
that the Dry Dock Company proposed to substitute
larger dock for the present one and thus increase
the present obstruction to the entrance OF vessels
REGARDING the grant referred to, 1t was insisted
that this was mere permit to construct pier.
After some further argument the case was post
pOueu W 6uOW duu1LlOudl dluOdtlLS ID pe 6uDmlL-
ted.
One OF the Penalties OF Borrowing
Money.
John Schooner was brought into Court yesterday
upon writ OF habeas corpus, which had been
allowed the day previous upon the application of
his counsel. Schooner was committed by Judge
Hogan on the 5th OF August last, upon an alleged
charge Of false pretence, upon the complaint OF
Joseph J. Hecht, OF No. 1,032 Second avenue. The
complainant alleges that he loaned the prisoner
$3.50 upon representation that he was the owner
OF two houses in Eighty-sixth street, near Third
avenue, and that he subsequently examined the
Registers Office, and found such apparently to be
deeds were recorded In the Registers Office,
day Of April, whereby 1t appears that John
Schooner had conveyed the two houses to
one Ii. s. Cole, and whereas in TACT he was
not the owner at the time he 80 represented. Mr.
Knitting said that this did not come within the
provisions OF the statute OF false pretences in that
It distinctly appeared that Mr.. Hecht did not rely
upon the statement OF the prisoner put on the
result OF his own examination IN the Registers
Office. Besides, he commended this was only an
attempt to collect debt through the machinery Of
the Criminal Court, and the Court ought not to
encourage any such proceedings. Assistant Dis
trct Attorney Lyons thought 1t q clear case OF
iase pretence, and that the counsel could raise
any point he wanted on trial. Judge Fancher con-
Cured with Mr.. Allen and said he must dismiss the
writ, and remanded the prisoner for trial.
The New York herald., 1873-09-12
JEFFERSON MARKET POLICE COURT.
Stealing a Horse ana Wagon.

Stealing Horse ana Wagon.
On Wednesday morning Mr.. Carl H Schultz, Of
132 East seventeenth street, left his horse and
buggy standing in West Twenty-eighth street, and
after short absence returned to find 1t missing.
Meanwhile Roundsman Neeey, of the Eighth pre-
cinct, had observed two young men OF suspicious
appearance driving rapidly down Tenth aaenue,
and on arriving at the station house and being
formed Of the loss OF Mr.. Schultz concluded the
men he had observed the thieves. He started out
In search OF them and this morning arrested John
street, as one OF the guilty parties. He was az
ragned before Justice Cox, at the Jefferson Market
Police Court, yesterday afternoon, and committed
to answer. The property was meanwhile found
abandoned on the street and returned tolts owner.
The New York herald., 1873-09-12
SHOOTING AT CREEDMOoR.

The Seventh regiment assembled at the armory
early yesterday morning. intending to go to the
rife range vt Creedmoor to spend the day, but the
threatening weather caused Colonel Clark to
change aus mind The practice match will not occur
until some time next week. A large number went
out TO practice however, the weather proving IA
vorable Corporal Rowland, Private Meday, Cor.
porai Price, Captain Van Norden, sergeant Turner,
Private Kemp, Lieutenant Bacon ana corporal Ap.
pleton made respectively, at thirteen shoSs, 200
Corporal Rowland and Captain Van Norden, at five
shots, 500 yards. 10, 8. Private Meday, Corporal
Price and Private Hcrsey at four shots 300 yards.
Q, 8, q
The New York herald., 1873-09-12
ANOTHER BRIDGE ACCIDENT.

Yesterday morning, about nine O'Clock. q balance
derrick, 20 one end OF which large arch stone was
attached, suddenly turned and both the end OF the
derrick and the stone descended with q tremen-
dous crash through the timber work, distance OF
about twenty feet, where they hung. Fortunately
none OF the workmcn were injured. The work OF
nicnced yesterday and the nrst stone was being
bolsted In position when she accident Qccurred.
The New York herald., 1873-09-12
MARINE CcyaT-CHAMBsRs.
Decisions.
BY Judge Joachimsen.

JUuBe JUdCHIf1Ben.
P1nkousky vs.. Burnette.-It Is the opinion of the
Court that on the merits the attachment should be
retained, but the defendant may have an order on
the Marshal why under the process he holds her
paraphernaa and property exempt from execu-
tiOn. No costs.
Bernstein VS.. McDonnell-This motion ought not
to be decided on athdavits. The amount involved
Is considerable and the facts are controverted.
Tne defendant may take an order to refer this
the proofs ana report with his opinion thereon, on
or before the 26th OF September, and the Court will
act upon the coming In OF the report OF the referee
The New York herald., 1873-09-12
couaT or GENERAL SESSIONS.
Righwayman scnt to the state Prison
for Ten Years.

Righwayman Sont to the state Prison
for Ten Years.
Before Judge Sutherland.
At the opening of the Court yesterday John MUIR
ply was arraigned by Assistant District Attorney
Rollins charged with the serious crime Of robbery.
The prosecuting witness, John Buregi, In his COM
plant before themagisratc, said that on the 29th
OF August the prisoner struck him Oh the head with
his fist and Knocked him down, and that while
prostrate Murphy put his knee on his breast and
took watch worth 500 and 50 In money. An
o1icer heard the cries OF the complainant ana ran
to his assistance, and caught the prisoner In the
act OF robbing Buregi. The City Judge sentenced
Murphy, who was an old man, to the state Prison
Tor ten years
Daring Robbery OF Lady I'm Third
Avcnue.
Frank Golden, v1cious-looking young fellow,
was charged with robbery In the first oegree. On
the afternoon OF the 10th OF August, while Mrs.
Cooke was walking In Third avenue, the prisoner
struck her blow on the breast and snatched
nocke tbQok containing !eW dollars He nleaded
The New York herald., 1873-09-12
SURROGATE'S COURT.
A Clergymnn's VIII.


Father Mcguire, OF St. Johns Roman Catholic
church, died last fall, and by his will bequeathed
an estate worth about $50, 900 to his nephew Hugh
Mcguire. The will was contested, but the SurrO-
gate finally admitted 1t to probate. The Surrogate,
however, will not grant letters testamentary until
the lcgatee, allen, shall give security In $l6O OO0
double the amount OF the estate.
The New York herald., 1873-09-12
BROOKLYN COURTS.
SUpSsms C0URT-GsIERAL TERM.
On nnil.dates for the Bar,

Before Judges Barnard, Gilbert and Tappen.
A General Term is being held this week. Daniel
7. Walden, E. L. Sanderson and Tompkins Wester,
welt have been designated to examine candidates
for admission to the Bar. They met yesterday
afternoon and commenced their work. There are
but five candidates.
The New York herald., 1873-09-12
T sonably be snsoted now without detriment to the

sonably be effected now without detriment to the
public interest
Justice MOnfort said there was no necessity OF
any unusually harsh expedient in this case. He
would inform Constable Trainer as TO the reason
able discretion which he has full authority to exer-
else IN the matter. Besides this 1t would take
some little time to prepare the necessary commit
ment papers. and reply from Judge Reed might
be received before that time.
The Court was then adjourned, and the small as
semblage dispersed.
About three O'Clock answer was received from
Judge Reed that he would be here to attend to
PrlInes application for bail tomorrow; but Con-
stable Trainer seems to be mad about something,
and the chances are fifty to nothing that young
Prime will sleep in the county jail, at Rverhead,
sixty miles distant, tonight.
The Grand Jury Of the Court OF Sessions Will con-
vene on Monday next. and Prime's case will then
most likely be brought before them.
When the prisoners wife heard OF the result she
tainted
The New York herald., 1873-09-12

Q human body were found In oyster Bay, not lar
from Huntington, with tar and feathers on them.
Stripped OF sentiment and stripped Of prejudice,
this is all that has been proved that would be
worth anything as evidence on which to place any
human being in jeopardy Of his life
True 1t is that pair OF pantalosns and pair OF
drawers belonging to Charles Kelsey were found
on the legs; but these might have been placed
there by any one who had purchased such pair Of
legs at any place where such articles are for sale
and prove nothing. No one has Identified the legs
as being the legs Of Kelsey by any mark or other
wise and the parts OF the body that could have
been identified are missing.
With these facts before US let us examine the
evidence and judge on IL as we would wish TO be
judged, and first would call attention to what
appears to be the most fearful part ofthe charge
viz, the crime OF mayhem" said to have been
perpetrated on Kelsey before his death, and here
think the facts proved 90 TO show that Kelsey
| reached home having suffered nothing beyond
being tarred and eathered and the loss Of his poetic
| locks-he walked home-how could he have done
30 had the knife been then used In the way sug
gested Again, during the process he uttered no
| groan and used no words except, IL appears, 20
threaten two Of his tormentors, and this proves
that he was not gagged; and above all
| he was exhibited 10 the ladies' as man
| who had been ,arred and feashered Who could
believe that he had then been outraged IN the way
suggestedp II Is known that he reached home
Well IT, as the doctors suggest the femorai artery
was cmptied In the operation, why his clothes
events he could not have reached home.
II has been suggested that his tormentors or
some oil them, fearing the consequences, followed
% him home, spirited him away and murdered him.
Let us examine this part OF this case why, in the
name Of common sense, do they allow him TO leave
their cluschea got home to rouse his brothers, or
TO lock mp the house and remove the evidences OF
the shameful indlguity thst hsd been put On him!
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-19
The Mcspaden Case.

We have received a letter from
our friend McSpsden Of Boscobel in
which he gives US the result of his
suit with one McCord, recently tried
IN Viroqua before Judge Bum.
Some six years ago, McCord who re-
sides in Milwaukee, as we under-
stand the matter, entered into part.
nership with NeSpaden in establish
ing q bank at Boscobel. McCord
entered tho strong box for some pur-
pose, as WcSpaden AYERS, and as we
learn he hass.proven, 10 clutch the
assets and deposits in the said strong
box, whereupon McSpaden locked
him up in the safe till he dropped
bis booty, and McSpaden saved the
greenbacks for the depositors. But
McCord brought suit against Nc
Spaden for this false or real impris.
onment. The suit has been swing
ing round the circle of the Courts
for the last six years, sometimes at
Madison, sometimes at Milwaukee,
sometimes in Grant county, tossed
by tho parties into tho hands of ar~
bitrators and then back again into
the courts, until il finally reached
jury 10 Vernon county, whose unani-
nous verdict was that McCord was
properly calabOosed served him
rlght!" We congratulate our friend
McSpaden on his success But the
irrepressible McCord will not stop
bis chase provided he can truadle
off the keepers again to Madison.
In such case we would advise Mac
TO capture McCord, convert him in
to banking capital, put MIN again in
to the strong box and keep him
there
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-19
SPECIAL TOWN ELECTION.

Notice is hereby given that an election will be
held at the village Of Fennimore ths 10th day OF
July 1873 which time the following proposition Of
the Chicago aud Tomah Railroad Company viii be
submitted to the legal voters Of the town Of Fenni
more.
The Chicago and Tomah Rail Road company r..
serving the right TO build road OF gauge of three
feet, submits 70 the town Of Rennmore, Grant Co
Wis. the following proposition; That said town OF
Fennimore aid In the construction Of said railroad BY
subscribing for thirty thousand dollars Gifts capital
stock, said subscription TO be paid as follows one
half when said raiiread company has completed its
road ready for the passage OF ears, and
TO within = mile Of the village OF Eennimore from
point the south line Of the state Of Wiscon-
sin in Green or Rock counties, and one half thereaf
ter within time not exceeding three years from the
time OF entering into this agreement, said payments
70 De made IN money-ln consideration Of said sub
scripton as aforesaid by ad town, tee Chicago and
Tomah Railroad company agrees to deliver &c said
town runcates OF its capital stock for three hun
bred shares, each share IN par value one hundred
dollars, altogether IN par value, thirty thousand dol
70 said town at the same time that the payment
therefor 10 made by said town, audit is further agreed
that no assessments on said stock delivered to
said town, shall be made other than is agreed in this
contract, and that the town Of kennimore shall
De liable as holder OF said stock for the debts OF the
company. Tie said railroad company further agrees
on the consideration aforesaid establish and main
tain depot within = mile Of the village OF Fenni-
And the legal voters of the town OF Eennimors
hereby notohed at said time aud place 10 deposit
ballot upon which shall be written or printed the
words "A gaiust the Railroad propositi on" or the
words For the Railroad proposition The poll
OF said election will be opened at O'Clock A. NJ. and
closed a. O'Clock p NJ. Attest, III. A. w. McNAIR.
By order of Town Clerk
H. A. DANKLIFR
JAMES MOORE
JACOB BAUMGARTNER,
Dated, June 9th, 1878.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-19

Fourth of July at Cassville +.

The 9th. Anniversary of American indie
pendance will be celebrated az Cassylle on
Friday, July a, 1873, according to the follow
ing Programme National Salute at Sunrise.
line will be formed in front of the Den
niston House at 9 O'Clock a. m. under charge
Of G. Prior, President, Able Key, Marshal
Of the day, and Carl Keinfell A. John Eugler,
assistant Marshals. Order of procession
ist, National Flag Bearer.
%, Cassyille Cofnet Band.
Sd, 80 Young Ladies dressed. in white
representing the 81 States of the Union, and
the Goddess of Liberty.
4th, Citizens generally.
The procession will move through he prin-
ciple streets and pass to the grove, where the
ceremonies will commence.
!, Music from the Band.
2. Singing,-"The Stare Spanged Ban
ner,' BY the young ladies'.
3, Reading Of the Declaration ofIndepend
ance by L. j. Arthur.
4, Music by the band.
5, Reading of the Declaration of Inde-
pendance in German by Otto Renke.
., Music by the band.
Z, Basket Picnic.
s, Salute at 10 O'Clock.
9, Grafton by Hon. A. r. Bushnell, and
German Grafton by VIM. Wagner OF Frepolt,
Ill.
10, Music by the Band.
Volunteer Speeches, Music and Singing,
Toasts and Responses, ]. Rockeiellow of
Beetown, Toast Minister.
At the conclusion OF the exercises, upon
the supposition that "a little nonsense now
and then, is reished by the best of men,"
there will be a Grand Procession OF the ORR
entail Order OF Hyopenbopens expressly Or
ganized for the occasion. The Dubuque
Turner's and other eXcursionists having been
invited, will form in the exercises.
Come one Come all! The Committee of
Arrangements win spare no pains to@make
the Celebration grand success.
Committee of arrangements"-H. Grimms,
l. J. Arthur, Carl Keinpell, John H. l..
Sneclode and H. F. Young.
To those who delight in tripping the
slight fantastic toe,'' an abundent chance will
be offered in the evening, in English or Ger
man style, or both.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-19
State University.

Az the State University the exer-
cises of Commencement week were
initiated by the observance of Class
Day on Saturday last. A poem, ora
ton, planting of Class Tree, and a
Cless Song, were among the chief fea-
lures Of the occasion, The pro-
grammo for tho present week is as
follows:
Baccalaureate Sermon by the Presi-
dent, Sunday, June -, at 3 o'clock
p. NJ.
Address before tho law class by
Hon. +. G. Ryan, of Milwaukee, Mon
day, June 16, at 8 z. NJ.
Address before the Literary Socie-
ties by Rev. John Allison, Of Ocono-
mowoc, Tuesday June II, at s p. NJ.
Address before the Alumni by g.
w. Bird, Esq, of the class of go, and
poem by Geo. D. Cline, Esq, of the
class of '72, Wednesday, Jure Is, at
s p. NJ
Commencement exercises, Thurs
day, June 10, at Q A. NJ.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-19
local Matters f:
pUBLIsHER,s NOTICE.

r. rHE HERALD SUBSCRIBERS:
By tie unexpected, uncalled for, nnwise
,e. IF lhe late Congress subscribers TO coun-
re newspapers will be compelled to pay
,o.tage in advance at the Office Of delivery
c.sm ibe LIST of July next. The rate Of post
an. rsouired will be 20 cents year or
.,s.. oer quarter. We advise all subscrib-
...of the HERALD who receive the paper
,,av post-oifce IN THE COUNTY, to pay
5, Zen cents in advance, as that will settle
pe postal charges to the first Of January next
When The obnoxious law, as far as il prohib-
NJ. me Tree circulation Of newspapers N the
County where published, will doubtless be
repealed
ro.ApyANcE PAYING SUBSCRIBERS:
m view Of the poverty Of Uncle Sam, as
we'll as Of ourself, notice is hereby given that
dom ,his date TO January first next all SUBJ
.srrbers IL the County who pay for the HER
Afp one year in advance, will be allowed the
amount required for postage to that time.
rs LANCASTER COUNTRY SUBSCRIBERS
The three hundred patrons who receive the
faper At Me Herald and post offices may, alter
Ju.yIs call at this Office for the same when
we expect to enter upon the duties Of assist
Az postmaster without salary. No postage
,Hlbe~charged for HERALDs delivered at
OBJ, aHce