davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT couaT.

The New York Central Railroad Scrip
Dividend Tax.
Before Judge Woodruff.
Judge woodruff sat in the United States Circuit
Court yesterday to hear motion the part Of the
New York Central Railroad Company why an in
junction should not be issued by the Court restrain
ing Collector Bailey, Of Albany, from collecting the
scrip dividend tax claimed by the government to
be due by the railroad company. 1t appears that
the Collector has seized certain property, engines
&C., belonging to the railroad company, for non
payment oil the tax, and has advertised this prop
erty for sale on Monday next. Hence the motion
OF yesterday to restrain the sale
Counsel for the New York Central addressed the
Court in support OF the motion and urged the nom
liability OF the company to the payment OF the tax.
Solicitor General Phillips and District Attorney
Crawley resisted the motion, urging that they be-
lieved the Court had Jurisdiction in the matter.
Judge Woodruff delivered brief opinion. lie re-
fused the motion for the Injunction on the ground
that, as the Collector and the New York Central
Railroad Company were citizens of the same State,
there was jurisdiction in the United States Cir.
cult Court to interfere In the matter.
The motion for the Injunction was accordingly
denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
COURT Of SPECIAL SESSIONS.


Before Judges Shandley, Coulter and Cox
The Court OF Special Sessions yesterday was
crowded with motley assembage OF lawyers,
witnesses, spectators, &c, all drawn there by the
report that the case OF Jay Gould VS.. Joseph J..
Marin was to be tried. II win be remembered
that on last Wednesday Marin assaulted Gould in
Demonlcos, striking him in the face and causing
his nose to bleed copiously Marin was at the
time notified to appear at the TOmbs Police Court
and give bonds for trial.
After considerable business had been transacted
yesterday Mr. Clerk Johnson in stentorian tones
cried out Joseph J. Marrin-Jay Gould.n Mr..
Gould responded, but from Marin there was no
answer. Mr.. Fullerton, counsel for Mr.. Could
then stood up and said :-"YOur Honor, l appear
here for Mr.. Gould in the character Of public
prosecutor by courtesy ana consent OF the District
Attorney. Our witnesses are all here, and We are
ready to proceed In the case" =
Justice Shandley reDled-"The defendant is not
here, as have been informed, therefore think
the case had better be postponed until next Tues
"But, Your Honor, / cannot come here next
week. My business engagements are very numer-
GUS and Will keep me occupied during the entire
week"
..Wen them" replied His Honor "wait here
little while and perhaps Mr.. Marin win put in an
appearance
Mr.. Fullerton acquiesced and, alter short con-
sutation with Mr.. Gould, concluded to allow the
case to stand over until next court day.
The distinguished party shortly after left the
About halfpast twelve, after the Court had ad-
jOurned Mr. Algernon sydney Sullivan, accOmpa-
MED by Mr.. Joseph J. Marin and the atter's
brother, appeared in the corridor Of the Tombs
Mr.. Marin was very much excited over the fact
that the trial had been appointed and that he had
not been present
After this case had been disposed OF Q very pecu-
liar case OF assault and battery came up in which
Counsellor Abe Hummel appeared for the defence.
young woman named Christine Nobel accused an
old man named Martin Reed with having assaulted
her In the street.
Justice shandey-What did he do to your
Christne-I can gar ntclu rttr steyeB
Justice Shandley-lnterpreter. what does she
sayY
interpreter-she says she don't understand Eng.
lsn.
Justice Shandley-Ask her what this man did
to her?
Interpreter laughing)-She says he met her in
the street and turned up his nose at her.
charged Go away.
Counsellor Hummel, laughingly, thanked HIS
Honor, and the prisoner came around and shook
his hand warmly.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
THE DEPUTY GUARDIANSHIP,

First Wind Up or the Foley-Palmer Com
troversy-PaImer Victorious and Foley
Left Out An the Cold.
Since the passage OF the new cnarter very slight
interest attaches to the controversy between City
Chamberlain Palmer and John Foley growing out
Of the claim of the latter to the position OF Deputy
Chamberlain by virtue Of his appointment to this
position by the Comptroller. When the night be.
gan the legal counter blows were fast and furious
and the public looked on with no little interest
and was worked up to quite pitch Of anxiety as
20 the result 1t looked first as though
Foley was going to win; but when Judge
Barbour, holding Special Term OF the Superior
Court granted an injunction interdictlng him from
assuming the functions of the Ofhce to which he
claimed to have been appointed or in any way
meddnng with the affairs OF the Deputy Chamber
lam, the tide OF sentiment changed and pets were
hghtist we mean, OF c0urse-as well as reIormer,
carried the case to the superior Court, General
Term, and there sought to have the injunction SET
aside.
DECISION OF THE CASE.
The Judges, consisting Of Judges Mcneil, Curtis
and Freedman, listened very patiently TO the pro-
t0nged arguments OF counsel, pro and con, and
then az patiently pondered over their decision,
having taken two months time In when 10 give
It. The decision was announced yesterday,
Judge Mcneil giving the opinion OF the Court. After
announcing no adjudication upon the question OF
Palmer, the Deputy Chamberlain Is in possession
doing the duties OF the Office, he is In there de
Iacto under color OF title, and must be considered
az luTe Deputy chamberlain until Mr.. Foley estab-
Iisnes his right to the Office by action OF quo tDdr
ranto through the State Attorney General and that
up to that time the Chamberlain has right to re.
gard him as stranger and to eject him by force
u ne intrudes upon the ONCE, or, If he chooses
e take {, sI more peaceful to apply 70 the
diction OF restraining intrusion. Judge Curtis gave
. dissenting opinion. He holds that the Comptrol-
ChamSern that appPPa t mot PPe syiny
obtained possession OF the ONCE, must ESTABLISH
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
nexauon as we're conducted BY the 'EDenezer~


brotherhood.
In this discontinue and desertion there is some.
thing solemn and impressive, and even touching,
and the occasion is particularly inopportune for the
application to "Ebenezerism Of the biting words OF
''local associations made up only OF those in the
locality they represent, that are nothing but rings
for the burthening OF the whole city with an unne-
cessary extravaganza in parks, Douleyards ana
ayenues.n
There is a at time for everything; but this Sc
verify OF invective, as uttered against the mar
lem "obstructives,n admits OF no excuse,
while their lately accumulated woes ana
injuries are yet so fresh in their remeIn
ORANGES and so poignant In their Impressions. SO
SHAH be sacred to silence the SORROWS OF the SEN
ator, whose sudden subsistence from the sessions
OF the senate showed the shocked Sensibllty OF q
sensitive soul.
"LET Us HAVE PEACE"
II the peace De only piece OF Westminster county,
annexed TO the corporate limits OF the city OF New
YORK, ana cut up into building lots that will be
salable IN the good time coming for the multtudes
VINO are IN the ardent pursuit Of cheap and decent
homes
The following private sales were reported to US
yesterday
Mr.. v. X. Stevenson, Jr., sold the 3story brick
house No. As East Eighteenth street. between
Broadway and Fourth avenue, 2ox45, lot W feet.
All cash for $23, 000
A. l.. Mordecal sold the 4-story, high stoop brown
stone house No. West Fifty-second street, 25x65x
= block, for $4,000. Also the lots on the north
west corner OF New avenue and Tooth street, 10Oll
09.6xI03.4x7S, on the street, for $4,000.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04

TO be busy one In all the Courts. In the Supreme
Court, General Term which meets on Monday
Judges lngraham, Brady and DAVIS on the bench
decision is expected in the Stokes case, and II Is
barely possible that the case OF Nixon may be ar.
gued before them-that is, II the application for o
stay OF proceedings meets with favorable re-
spouse. Judge Brady will continue to preside In
the Court OF Oyer and Termner. He shows still
an unfolding determination to fight II out on the
line he began in January II II takes all summer,
and make clear most OF our criminal calendar
Judge Barrett will hold Circuit Part 2, and Judge
Fancher, Chambers.
In the Superior Court, General Term Judges Bar
bour, Freedman and Sedgwick will preside Judge
Curtis viii hold Special Term, Judge Van Worst
Trial Term, Part !, and Judge Mcneil Trial Term,
Part2.
In the Court Of Common Pleas Judges Robinson
and Larremore will preside at General Term. Judge
Loew will hold Part l, Trial Term, and Judge
f. DAILY Special Term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
SUPERIOR CoURT-SplCAL TERM.
Decisions.

BY Judge Sedgwick.
Baldwin va. White.-MOtiOn denied defendant
to have ten days. further time to answer
Justice VS.. Lang and Another.-M0tion denied on
the ground Of want OF power.
Caudles, Jr., VS.. Merchants Fire Insurance Com
pany.-Mot0n granted unless plaintiff Tile sufficient
bond, &c.
Cans VS.. Ndgely ct al.-Order that commission
issue.
Kaebler vs. Stumme.-Order for Judgment for
defendant on demurrer, with COSTS
Stufln vs. Rose. -Proceedings dismissed.
BY Judge Freedman.
Fredeiken vs. Guardian Mutual Life Insurance
Compariy.-Memorandum for counsel
Harris Vs. Panama Railroad Company.-On pre-
sentation Of an engrossed or printed copy Of the
case as required by rule 10 Of this Court the case
Will be marked, settled and ordered on file,
BY Judge Van Worst.
Herman vs. Herman.-Order for reference.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
Effort to Save Nixon From the Gallows---Ap-
plication for Stay Of Proceedings.
Grounds Of the Application and
Points Raised in Opposition.
THE FOLEY-pALMER CONTROVERSY.
The Injunction Against Foley Sustained
Probable End of the Legal Wran-
gle Over the Deputy
Ohamberlainship.
BUSINESS IN THE OTHER COURTS.

In the United States Circuit Court yesterday In
the matter OF the application OF N. W. Butler to
intervene as q plaintiff in the suit of Lucy Fisk,
executrix Of James Fisk. Jr, deceased against the
onion Pacific Railroad Company and the Credit
Aobilier Of America, Judge Blatchford granted an
order allowing the application.
Yesterday, in the United States Circuit Court, O
bin OF exceptions, extending to over LOO pages,
was fled by the plaintiff in the ease OF Bowen VS..
Chase which was tried some months since before
Judge Shpman, when there was verdict for the
defendant
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
THE ANNIVERSARIES.
scattering OF the SOcieties-The Pro-
gram mes ms Announced.

scattering OF the SOcieties-The Pro-
grammes ms Announced.
II is almost proverbia that anniversary week"
Is rainy, and the present beginning OF May gives
just color OF truth to the proverb. For few years
past there has been tendency to discontinue the
anniversaries as peculiar feature OF May gather
ings, but this tendency seems to have taken an
other turn this year, and several Of the most prom
nent religious and benevolent associations of the
country which used to meet in New York have ar
ranged to meet in other cities. The Baptist organ
izatlons, for instance, win hold their yearly meet
ings in Albany this month; the COngregatiOnalists
whose annual gatherings in Brooklyn heretofore
were such feature Of the anniversaries will meet
Among those that have arranged to hold their
annual meetings here and have announced their
programme are the following organizations
SUNDAY, May 4-Evening.-Annuals sermon before
the American Female Guardian Society, in the
Northwest Reformed church, corner OF Fifty-sev-
enth street and Madison avenue, Rev. Dr. Ganse,
pastor. VMre
Annual sermon before American Home Mis-
slonary Society, Broadway Tabernacle, this even
MONDAY, May Observation-Disclosures OF the
New York Union theological Seminary. In Madison
square PRESBYTERIAN church, Rev. DR.. Adams pas
tor Professor X. ID. Hitchcock will address the
graduates.
WEDNESDAY, May 7.-Annual business meeting
OF the American Female Guardian Society tfor
ladies only, at the Home, Twenty-nintn street.
near Madison avenue, halfpast ten and halfpast
Two OClOCk
Forty-eighth annual meeting OF the American
Tract Society, Fourth avenue PresDy terian church.
at nine O'Clock A. NJ.
Twenty-ntth anniversary Of the settlement or
Silver wedding OF the Rev. Dr. Chaplin, in the Fourth
Universalst church, Filth avenue and Forty-nfth
street, at half-past two and eight O'Clock.
Annual meeting OF the American Home Mission
airy Society, at their rooms, Bible House, at four
O'Clock p. M.
SUNDAY May 1l.-Anniversary of the American
Tract Society general meeting In the Memorial
Presbyterian church, Fitythird street and Madison
avenue, evening.
TUESDAY May lathe Board of Delegates OF
American Israelites VIII meet in the Thirty-fourth
street synagogue at seven O'Clock p. NJ
The New York and Hudson River Conference OF
Unitarian ministers will meet in the Church OF the
Messiah, Park avenue and Thirty-fOurth street, in
the evening.
WEDNESDAY, May lathe same conference will
continue its session at the same place.
The annual meeting OF the New York Association
OF Universallsts will be held at some place to be
hereafter designated.
TUESDAY, May 2o.-The anniversary OF the New
York Sunday School Union at several churches in
this city.
The Female Sufrragists and the Peace Society
and Five Points ana Howard Missions VIII also
meet here next week.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
UNITED STATES COMMISSIONERS COURT.


Before Commissioner White.
Yesterday in the United States Court the case OF
Carl V0gt, Prussian subject, wro is charged with
having murdered the Count de Bots de Bianco in
Brussels, Belgium, was called on before Commits
sioner Kenneth G. White 1t will be remembered
that about week ago Judge Blatchford on a writ
of habeas corpus and certiorari in this matter de-
cided that though the alleged crime was CON-
mitted in Belgium, the Prussian government has q
right, under the terms Of their treaty Of
extradltion with the United States, to
demand the removal OF Vogt to Prussia
to be there tried for the offence imputed to him
The result Of this decision was to remit the prisoner
back to the custody OF the Marshal and empower
Commissioner White to proceed with the taking OF
testimony as to the alleged crmlnality OF vOgt.
When the case was called on yesterday, Mr..
SOlOmOns counsel for the German Empire, asked for
an adjournment for week, on the ground that the
depositions which had been taken in Belgium being
vOluminous, covering as they did some three hun
dred or four hundred pages, had not been entirely
translated. He might mention that the evidence
was OF circumstantial character and the exam
inaton would occupy at least month, unless the
Commissioner concluded TO give up to it all his
time.
Counsel for the prisoner stated that Mr.. Kintzng
having withdrawn from the case, and he (cOunsel)
having only recently come into It, he was not qaite
familiar with the details; but II there was any
oral testimony to be given that might be pro-
cecded with now.
MI. Solomons replied that he preferred intro
ducing the dispositions first; subsequently he would
introduce such oral evidence as he had to offer.
He, therefore, asked an adjournment for q week.
Counsel for the prisoner observed that he did
not object to the adjournment but he would like
Mr.. Solomons to send him copy OF the deposit
tons.
Mr.. Solomons said he did not see how he could
do that. as 1t would be utterly impossible to have
the translation OF the depositlons made and the
translation compared with the original before
Thursday or Friday next Counsel would, how
ever, have full opportunity to examine and read
the dispositions.
the examination was accordingly adjourned to
Saturday next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
MARINE COURT.


BY Judge Joachmsen.
Eddy vs.. Franke-Moti0n denied, with costs to
plaintiff. (See decision with Clerk.
CiezielsN vs. Brennan, HunsN vs. Bott, Freden-
berg vs.. Lowenstein, Coate vs.. Elmes, Rosenfield
VS.. Palmer, Holloway vs.. Devlin and Newman vs..
Heinze.-Orders OF substitution.
Pike vs.. O'Rourke, Levy vs.. Rosenbaum.-
Motions denied, with 81 costs (See decisions
with Clerk.)
Menzies vs.. Montgomery.-order for Judgment
against defendants.
Salmon Vs. Snevely.-Order opening default,
with costs to be paid to plaintiff.
Holmes vs. Wing.-0rder for commission
Russ vs.. Mahlbach--Order for Judgment In favor
OF plaintiff.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04

mis- right m an action Of quo soa7Tdnto before he
can GUST the present incumbent, who rs now de
Iacto Deputy Chamberlain; but as 1t does not
Injunction should not issue on the mere suspicion
or the In cumbent that he may be Ousted. The
EFFECT OF THE DECISION
Is sustaining the action OF Judge Barbour and con-
tinuing his injunction. The probability is that
owing TO the complications that have since arisen
in relation TO the City Chamberlain's Office
through the passage OF the new charter to which
reference has already been made, the matter viii
end where IL is, and nothing further come OF IL,
except the pocketing OF good round fees by the
opDOsnQ counsel.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04
sURaoGATe's COURT.
Last Weeks Business.

Before Surrogate Veeder.
During the past week the Surrogate admitted TO
probate the wills OF Henry vandyke, OF the town
OF Gravesend; Ann Kenzie OF the town OF New
Utrecht; Nicholas Kallmayer. Ezra H. Ferry, Marian
J. Denton Wilhelmina Feldman, Frederick o. Deg
ener, George Pearson, Bridget Morgan and James
Dadson all OF the city OF Brooklyn.
Letters OF administration were granted in the es.
tates OF the following named deceased persons, Wiz
Adam Gordon, OF the city OF Havana, Cuba Thomas
L. Wilcox. Tobias D. GrOdjinski, Michael Hughes,
John Mcdonald, Conrad Egling, Peter Cash, Caro-
line Seg, Charles Hughes, Albert .. Cone, Franz
Scheer and Rhoda Lynch, all Of the city OF Brook
Ign.
Letters Of guardianship OF the estate Of Margery
Do6bin were granted to Elizabeth D0bbin; OF Annie
l. Bunce, Nathan +. Bunce, Mary Il. Bunce and
lips and sara j. Phillips, to Julia L. Phillips; OF
william Ortiz Anna Ortiz and Lawrence Orth, to
Edwards to Thomas Stratton all OF the city of
BROOKLYN,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-04

to escort him down the Bay. His successor is
Judge Reynolds, who assumed the bench May
for term OF fourteen years.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27
RIVER INTELLIGENOR.

All the tributaries, under the effect Of
the late heavy and general rains, are
rising rapidly. The Mississippi at this
point is rising, which is the case all
along its course. Business is somewhat
lively on the levee this morning. The
weather is clear and cold.
FoR ST. LoUIs.-The great Anchor
Line steamer Colorado, with Captain
Boyd in command, will leave for Cairo
and st. Louis this evening at five o'clock,
making all way landings. She has a
competent corps of attentive clerks.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27

WV. LIEBEE, the experienced and en-
terprising newsman who recently bought
out the news emporium Of A. R. Viii
kinson at Ill Main street, has removed
TO 1924 Main, just across the street,
south Of Poplar. he keeps full stock
of latest dailies, foreign papers, maya
zines, fashion and sporting journals,
fancy stationery aud other articles, to-
Daccos, cigars, etc Give the worthy
young man q call.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27

Promenade conceri, Hopkinsyille, Nv
65 40, Mrs. II W Dickens, BaiesEille
Miss. 10; Hibernian Benevolent Society
Vieksburl. through Herald, lo5 Cart
In Jones. abseulee, 2Ji clliAeus
Charleston. Miss. n, Ladies' Christian
Union, Cleveland, Ohio, loo; W A
Hemphill 4 Co. Atlanta, collections,
% 25; citizens, Verona, Miss, 5li First
Methodist church, Cleveland, Ohio, 81 60;
DR. s w, Franklin, Hot Springs. 10; citi'
liens, Marlnsburg, wsst Virginia. l6 5Oi
Blackfoot Tribe, Independent Order OF
Redmen, Dayton, Ohio, 10; citizens,
oxford, Miss, ~ so; citizens. Newport,
Ky, 2OOi citizens Mayville. East Tenn,
90 90; wv Dean, Cherokee, Ala, 20 20;
NJ Lea, Nashville, 100; CT Parsons,
Little Rock, TO- NJ Rogers, Warren, Ill, 8;
J w Faringer, Lancaster. Penn, .; Chas
@. Burke, Is Pearl street, N Y, %; d W
Mitchell, Chicago, 10; Rev A W HAw.
kins, Spencer, Ind, , 5Oi Kate Swan,
Baltimore, O. Alex p Stewart, St. Louis,
10; Cash. n Y, TO- Cash, N Y, 10;
J II Clardge and B W Bassy. Hunts
vile, Ala, 10; James Sutton, ST. Louis,
Is; cash, Jackson, Tenn, 10; cash,
Washington, d c, 10; employees Con-
tiuental Life Insurance, N Y. &c; John
f wilkerson, BrownsXille collections on
W & l. r R, lO4 S5; A Jordan, Mayor,
Milan, Tenn, 80; H t Hovelman and
others, Kansas City, Mo, .; cash, Kansas
City, Mo, 10; NJ Halstead 4 Co, collec-
tons, Cincinnati, IL; N p Lancaster,
Lexington, Ky, 100; Thomas H Bowles,
Indianapolis, Ind, 10; c A Caldwell,
Alton, III, 81 %; James NJ Conley. Col.
umbus, 0ho, IS; d A L Lanpenteur,
St Paul, 10.
DUBUQUE. Iowa. octoper %. 1873.
To the Mayor of Memphis:
send by express SlO6l, for relief
fund, from the city OF Dubuque, which
amount was collected this morning.
Will send the balance of donation Mon
day. A. w. GEAsBEE, Mayor.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27
YELLOW FEvRR TO DATE.

The following table shows in detail
the deaths from yellow fever and other
causes, as taken from the undertakers'
books since the Board of Health an
nounced the presence of the disease on
the 18th of September. This does not
include previous deaths from yellow
fever, estimated to be about" thirty by
the Board: aa
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27
PRICE or TICKETS.

Whole tickets. $50; halves. SIS; tenths, or
each coapon, s.; eleven whole tickets for $500;
twenty-five and half tickets for $1,000; one
hundred and ihiuieen whole tickets for 5000 ;
two hundred and twonty-sevon whole tickets
for Sl0.000. Ne discount on less than $500
worth of tickets at tim
The unparalleled success of the Third Gift
COnsert as well as the satisfaction given by
the first and Second makes il only necessary
to announce the Fourth TO insure the prompt
sale of every ticket. The Fourth Gift Con
the Third. and full particulars may be learned
from circulars which will be sent free from
this Office TO all who apply for them.
Tickets now ready for sale and all orders ac-
companiod By the money promptly filed.
Liberal terms given 10 those who buy TO sell
again. THOS. Il. BR AMLkTrE,
AGENT Publ. Libr. Ky. and Manager'Gift Cor
cert, Public Library Building, Louisville.
kentucky. wf&W- N2-18
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-10-27
"Nar 90 Ihn Knffef,,

We have declared war against counter.
feiters, aud we mean 10 6ght it out. When
diseases of the kidbeys or Of the pro-
creative organs PROSTATE you, take Helm
bold's Buchu. The genuine Helmbold' 8
Buchu may be known by the private pro
prietary stamp Of h. 7. Helmbold, on
each bottle, and is fully warranted for
diseases Of the kidneys and urinary or
gans. Sold BY druggists everywhere.