davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-10-19
SUPERIOR CoyRT-SPECIAL TESm.

DeCisiOns.
BY Judge Sedgwck.
Holman vs. Fischer.-0rder of reference to
ascertain damages sustained by reason OF injunc-
tiOn.
Luddington ct al VS.. Miller Brother.-Order
tnat judgment of Court of Appeals be made the
judgment OF this Court, and for assessment of
damages by a jury.
Tracking VS.. Rolland.-Order for new trial on
remlttitur.
The New York herald., 1873-10-19
SUPREME C0UaT-CHA KBERS.
Decisions.

By Judge Fancher.
LaZare vs.. Osgood.-Order granted
In the Matter OF the Claim OF Dacostar's Estate
OF r. Sturgs, deceased.-Motion iOr commission
granted, with $40 costs, to abide event.
Grlsser VS.. Stuyvesant-An order may be en-
tered that this action be discontinued, with costs
to defendant
The New York herald., 1873-10-19
COURT OF APPEALS.
Decisions.

Stubbins VS.. Ross.-Motion to appoint receiver
granted.
Eares vs.. O'Donnell.-Order granted.
Diossy VS.. Stead ct al.-Order granted.
Moore VS.. Pattlson ct al.-Order granted.
schneider VS.. The Paragon Match Company
order appointing receiver.
The New York herald., 1873-10-19
Examination of Witnesses in
Albany Yesterday.
THE $4,000 LARCENY.
Copy of the Draft Alleged to Have Been
Stolen from the Treasury.
A WOMAN IN THE CASE.
The Modus Operandi Of Phelps
Operations.

ALBANY, Oct 49, 1873
The examination OF the OF Charles Il
Phelps, charged with the larceny OF $4,000
draft while acting cashier in the State Treasury
Department, was resumed before Justice McNa-
mara in the Police Court this morning. The
prisoner was in court, accompanied by his coun-
sel-Judge Birdseye and Frederick A. Chapman -
both OF New York. Treasurer Raines also
present. accompanied by District Attorney
NOak and his assistant, NJ +. Conway.
The case being called the District Attorney
stated that the Treasurer Of Dutchess county
had telegraphed him that he had missed
the train and would not be here till
one O'Clock p. M. He then said to Mr.. Chapman, OF
counsel for the prisoner. that il he would admit
the genuIneness OF the draft which the prosecu-
t0n now held the case would go on. Mr.. Chap
man said. as the senior counsel (Mr. Brdseye) was
here, but absent from the room at present. he
would leave it to hum to answer Us soon as he came
In. Mr.. Birdseye coming in said 1t would be better
not to change the order OF examination; that it
would be best to prove the document
Mr.. Moak then read the draft alleged to have
been stolen by Phelps, of which the following is
copy
$ $4,000 MERCHANTS NATIONAL BAsk.
5 Pay to the order Of $. C. Doughty, teller hheens
$York. ''''a- - " ~ nonon
(Signed) L. G. DODGE,
No. l4,56l Vice President.
The endorsements on the back OF the draft were
as fOllows:-
Pay to the order vi W. G. Fonda, Treasurer offs
$Dutchess county.
(signed) S. c. DOUGHTY, Tel err.
Pay to the order of Thomas Raines, Esq., Treas
$urer OF the state of New York.
(Signed) W. c. FONDA,
Treasurer Dutchess county. I
Pay to the order OF Charles Hudson Esq, Cashier.
Qcgned) STATE TREASURER.
Per c. H. PHELPS, Cashier.
(Signed) CHAS. HUDSON, Cashier.
The New York herald., 1873-10-19
THREE PERSONS BURNED TO DEATH

TOLEDO, Oct. 1S 1873
shanIt, occupied by q family named Kelly was
destroyed by fire this morning, and Kelly, his wife
and grandchild perished In the namea
The New York herald., 1873-10-19
COLOMBIA.

Special Details Of the Origin and Progress Of
the Revolutionary Movement at Panama
Twelve Days Fighting in the City-Flight
Of the RebeIs-United States Naval
Forces Landed-Discipline and
Esprit-Material Losses and
Case for Ameri-
can Interference.
The New York herald., 1873-10-19
COURT Of COMMON pLeAs-spEcIAL TERM.
Decisions

Decisions.
BY Judge Robinson.
Lescho6 vs.. observation-disclosures granted to
plaIntin.
Ward VS.. Lemercier.-See memorandum.
The New York herald., 1873-10-19
THE DETECTIVES BLACK LIST.

Assistant District Attorney Allen Says
There Are Three Honest Men mt Police
Observation-Disclosures with MIR. Da
COsta-The Black List in the Hands
OF General Duryce.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
IID'QRs DEPT OF THE GULF. !
New Orlenls, La, March q, 1913. !
To the Hon. John McEnery

IiDQ ES fIEP OF The UULf' 7
New Orleans, La, March q, 1873.
To the Hon. John McEnery:
SIR have the honor TO ackn0w-
ledge receipt Ofyou communication
OF this date, in which YOU ask ("
whether or not the action of the Me
tropolitan Police force of this city.
i'll the seizure of the Odd Fellows
Hall this morning, and the armed
prevention by said force of the as
sembly of the Legislature of this
State in said Hall, meets, wit. your
countenance and approval, and
whether or not the United States
forces under your command will sup
port this armei occupation of that
building ?"
In reply | have to state the sciz.
ure of the said building by the Me.
tropolitan Police was without my
knowledge, and made without con
ference with me.
In regard TO any expression OF
opinion as 20 the act, having no
authority in the premises, must
respectfully decline TO make any re-
ply.
In answer to that part of your let
ter which asks whether my com
mand twill support tins armed occu.
patton of that building" / have the
honor to inclose to you copy of a
telegram received last night, from
which you will see that it is made
my duty "to prevent any violent in
reference with the State govern
ment of Louisiana"
Previous instructions have direct
ed me to recognize the government
of the State of Louisiana to be that
represented by the Hon. William =.
Kellogg.
If the act referred to by you in
your letter is the act of Governor
kellogg and of the government of
the State of Louisiana represented
by him, and any violence is used to
interfere With this act. l shall most
assuredly consider it my duty, un-
dermy Instructions, to use the whole
force of the United States at my dis.
posal to prevetn such evident inter.
ference
| have the honor to be, sir, very
respectfully, your obedient servant.
w. Ii. EMORY.
colonel Commanding, Breyet Major
General.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15

to or recognizing any usurper with
III the contemplation of this law,
he, the Governor may, in case such
Office is established by the constitu-
toe, direct that the Attorney Gen.
eral or the District Attorney shall
take legal proceedings before the
court of competent jurisdiction TO
have such forfeiture and abandon
ment declared. The proceedings in
such such case shall be summary
and shall be had by rule of which
the officer so charged with having
abandoned the Office shall have no
tice OF one null day. The court shall
at once hear and determine such
rule. If an appeal shall be taken
by the State or by the party defen-
dart to such proceeding, it shall be
made returnable within ten days,
and shall be heard by preference by
the Supreme Court as III case Ofcon-
test for judicial Office.
SEC. 4. Be it further enacted, ETC.,
That whenever the court of compe-
tent iuisdictiOn shall declare that
any public officer, whose Office is
established by the constitution, has
abandoned and forfeited his office,
within contemplation of this act,
and tor the cause herein given, the
Governor shall fill such office by ap-
pointment under the laws providing
for filling vacancies in public offices.
SEC. ). Be it further enacted, etc,
Tina whenever the Governor shall
ascertain that any public officer,
whose Office is established by an act
-of the Legislature, has given adhe-
sion to or recognized the authority
of any usurper within contempla-
ton of this act, he, the said Cover
Eor, may declare that such officer
has forfeited and abandoned his
Office under the constitution, laws
and government OF the State, and
he, the Governor may fill the va
cancy in said Office by appointment
under the provisions of the const,tu-
ton and laws regulating appoint
ments to fill vaca;.cies.
SEC. 6. Be it fui Their enacted, etc.,
That all laws or parts OF laws con-
flicting with this act shall be and
are hereby repealed so far as they
conflict, and this act shall take effect
from and alter its passage.
(Signed)
CHARLES W. LOWELL,
Speaker of the House Of Represen-
tatiyes.
(Signed)
c. c. ANTOINE,
Lieutenant Governor and President
of the Senate.
Approved March 5, 1878.
(Signed)
WILLIAM =. KELLOGG.
Governor Of the State o. Louisiana.
n true copy:
p. G. DESLONDE,
Secretary of State.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15

FALLING INTo A VoLcANo.-We
reproduce this special to the st.
Louis Republican:
New York, February 2O.-The ac-
cident last September, by which an
nglishman and an American lost
their lives while being lowered by
ropes into the crater. of Nesuvlus,
had counterpart january 10, when
n Belgian named LemiuX, and a
Swiss named Schmidt, met SINH
lar fate. These foOlhardy tourists in
sisted on being lowered, and in de-
spite of remonstrances ofthe guides,
took hold of loops and swung over
the gloomy void. The guides last
warning to them wasrnot to venture
inward. Whether they were smOth-
-ered, or missing step, were .iurled
into the abyss, nobody will ever
know. Contrary to the advice OF the
guides, thcy let 60 the lOoped ropes
and ven uvel into the crater's re-
ccsses. Thpytourists above cried ont,
,hnt no RESPONSE came back. The
guides were lowered repeatedly, and
several of the cXcursionists went so
far as the ropes would allow in search
of their comrades, but in vain. This
is the third disaster of this nature.
within the past.ten years.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
No. Al.
N - IA GIN

Declaring it crime to usurp pub
lie Office and providing the punish
ment for such Offense; providing
that if any public officer shall adj
here to or recognize any usurper,
his Office sliall he forfeited and
considered abandoned, and direct
ing and regulating legal proceed
ings to have such abandonment
and forfeiture declared; authoriz
ing the Governor to declare such
forfeiture and abandonment in
certain cases, and to remove such
officers and to fill the vacancies
so made by appointment.
SECTION 1. De it enacted by the
Senate and House of Representa-
tives of the State of Louisiana in
General Assembly convened, That
If any person shall assume or pre-
tend to be officer of the State, execu-
tive, judicial, or legislative, without
authority of an election declared by
the returning board constituted by
law, or without authority of a com
mission from the Governor of the
State, in case the laws require such
officer to be commissioned, such per-
son so illegally assuming or pretend.
ing to be a public officer shall be
deemed usurper. If any such usur
per shall attempt to exercise the
functions of a public officer, and
shall interfere with any public Off
Ger in the discharge of his duties,
such usurper so interfering shall be
deemed to be guilty of crime. and
upon conviction may be fined or i'm
prisoned at the discretion of the
court, or both.
SEC. 2. Be it further enacted, ETC.,
That if any public officer, whether
State, parish or municipal, shall
give adhesion to, or in any manner
recognize the authority of any per
son who may be usurping a public
office within contemplation of this
law, sgsh. public of6ceEso giving adj
hesioH to or recognizing such usurp-
.er shall be deemed to have forfeited
and abandoned the public office held
by him under the constitution, the
laws and the government of the
State.
SEC. 3. Be it further. enacted, etc,
That whenever the Governor of the
State shall he informed that any
public officer has forfeited and aban-
doned his Office by giving adhesion
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15

A MERmAID.-The Los Angels
Express says that genuine mer-
maid is now on eXhibitiOn'n that
place, having been caught in the Pa
cific a few weeks since, and en-
balmed by a physician of San Diego.
1t is thus described:
The eyes, in large sockets, were
pricked to let out the water in the
embalming process. The mouth is
Very broad, with twenty-eight cur
we'd and singularly shaped teeth.
The nose is a combination of the
Roman and the snub. The brow is
heavily indented with heavy brain
lobes; long and broad ears adorn
the queer looking head, and short,
woolly hair covers the head and sides
Of the face. The ccrebellum and
Adams apple are very prominent.
The arms are long and terminate in
long claws, consisting of four fingers
and a thumb, with the sharpest of
nails. There are eleven ribs extend
ing around the body and meeting at
the breast. Here the fishy portion
of the thing begins. 1t is covered
with scales, the spine having the
dOrsal fin, and the fish continuing in
the usual development to the tip of
the tail.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
Warmoth Entirely Repudia-
ted.

The FusiOnists yesterday put an
end to The long suspense OF Cover
nor WarmOth by electing General
McMillen as their United States
Senator for the long term. We re-
gard the matter as ONO further mo-
ment than an honorable distinction
conferred for distinguished services
to the Fusion party, and such Gov
crnor Warmoth has always looked
upon it. He has been the life, soul,
brains and purse of the whole Flu
SIGN movement from first to last,
and had every reason to believe that
the place would be offered to him.
His more sagacious friends, how
ever, clearly fOresaw and warned
the Ex-Governor that he had no pos
sible chance that the party that en-
tered the campaign with opposition
to Warmoth as its chief capital
stock, but which afterwards accept
ed OF his services for reasons suf1i-
GENTLY satisfactory to themselves,
should end in rewarding him with
the most desirable office in their Gift,
and make him their representative
in the higher branch OF the national
Legislature, was step the Louisiana
Fusionists would never be driven to
take, was too plain to be disputed
by any man capable ofreasoning on
the subject. The choice of General
McMillin is virtually an abandon
ment of all hope that their Senator
will ever be admitted, and they saw
no objection to making him the vic
tim Of their failure. Had there been
a reasonable chance for final success,
some man of undoubtedly Democra
tic antecedents would have been
agreed upon for the place. Senator
Jonas. for instance, would have been
a prominent candidate had the result
of the contest been more promising
OF success. We have no word of con
dolence for Warmoth. He left his
own party, and carried his splendid
abilities and INSCRIPTIONS practices
to the opposition. He has served
them faithfully, and has received
just the reward he might have ex-
pected. Naturally his new political
friends could not trust one who had
so completely turned against his
own friends And they have cOEfsr-
red an empty honor upon General
McMillen, which Governor War
moth strenuOusly sought as reeog-
milton at the hands of a party that
have for the past four years been
his most bitter assailants. But the
FusiOnists are no less guilty of in
gratitude for having accepted his
services, when they all the time well
understood the price he expected to
receive fer them, aud which they at
10 time intended to pay. IN. Q.
RepvhJicnn.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
The Creole Dandy-The But
tcrfly of New Orleans
Society.

We fnd this descriptioniu an en-
change:
There,is nothing perfuned in the
latest box OF bonbons from Paris so
exquisite, sparkling, racy, French
and happy in its own sweet conceit,
rs the Creole dandy. He has hands
and feet Kentucky girl might en-
w for their shapely delicacy and
dainty size, cased in the neatest kid
and prunella. His hair is negligent
in the elegantest grace of the peru
quier's art, his dress fashioned to
the very line of fastidious elegance
and simplicity, yet simplicity his
Creole taste makes unique and at
tractive. He has the true French
persiflage, founded or happy con-
tent, not the blank indifference of
the Englishman's disregard. 1t be-
comes graceful self-fOrgetfulness,
and yet his vanity is French and
victorious. In the atmosphere of
breathing music and faint perfume
he looks around the glancing boxes,
and knows he has but to throw his
sultanic handkerchief to have the
handsomest Circassian in the glow
ing circle of female beauty. Bot. he
does not thrsw it. for all that. His
manner plainly says: beautiful
danes, it would do me much pleas
IRE if l could elOpe with you all on
the road of iron, but the bette NOR,
the moral, will not permit. Behold
for which, asaR.open box of LOuvin,s
perfum ries, dispense my fragrant
affection to you all; breathe it and
he happy!' Such homage he receives
with graceful acquiescence, believ-
ing his recognition of it a sweet
,fruition to the tair adOyers. He ac-
cepts it as he does the ices, wines
and delicate French dishes familiar
TO his palate. Life is IA fountain of
eaa sHcree, where everything issweet
10 nm, and. lie tries to make it sweet
10 You, for he is kindly-natured,
trne-hearted, valiant little French
gentleman. His loves, his innocent
designations, his grand passions, his
napier duels would fill three volumes
OF a lie Sage or Ceramics. In The
gay circles of New Orleans he floats
witt lambert wings and irresistible
fine. eyes, its serenest butterfly adj.
miresi and spoiled alike by the
FRENCH and American element.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15

JupaE DURELL.-A telegram to
tho New Orleans Rebabiioaa, thus
snoaks of the reaction which has
commenced in Washington City in
favor of Judge Durell, who accord
.;rr TO Fusion accounts, had few
DAYS since fallen SO low that there
were none to do him reverence
Tins will he again, as has often
bcen before the truth OF the Latin
proverb indicated.
Magma est re,itas OF PREF raiebit.
The friends of Judge Durell are
e1ultnat in view of his victory over
the widespread abuse and misre-
presentation which for a time pro-
dnced an impression that an inves-
tioation seemed probable, but fortu-
pately the publication ofthe plead
mos and orders in the Kellogg and
Antoine cases by the Senate COM
mittee showed that he had kept
strictly within the lew.
His presence here, and intercourse
with public men, has refuted the
Islander against him personally.
Hence came a powerful reaction. sin
his favor, und the House Judiciary
Committee, composed of five Repub-
Iicans and four Democrats. and in;
Guiding the ablest constitutional
lawyers in the House, have report
ell nothing against him.
The legal mind of the country is
beginning to understand what was
the real issue and what was really
done, and the judge is overwhelmh-
ed with compensation from the
ablest lawyers,in and out OF Office
for his faithful and fearless admin
istration of the law. His ability
and motives are alike placed beyond
question. The judges rooms are
thronged, bat he bears his vIndica-
ton with which lie bore his aecusa-
tioiiS.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
The Times Ind T0G Resist
ing.

"if no compromise is reached"
the Times tells us we shall he cursed
with this unfortunate condition Of
affairs: SIN the city, the bayOnets
may be effective in eXtortion, but in
the country parishes the taxes can
not and will not be csilected.-
Our contemporary doubtless be
.lieves what il quoted above, but it
lis very .evievident that it has not
availed itself of the opportunities
which exist for ascertaining the
truth. The extinction, by the Metro
politan Police. of the fraudulent
McEnery government, gave an impe-
trs to taxpaying in this city which
we frankly admit was a surprise,
though most agreeable one, to the
officers of the legal government, and
improved the prospects for a like
change of feeling in the country
very materially indeed.
Had the Times manifested its usu-
al enterprise it could have learned
that on Friday and Saturday last
many Of the leaders ofthe last Fu-
sion Legislature, representing the
strongest Democratic parishes in the
State, called upon Governor Kel-
fOgg and announced their determine
ton to cease all opposition to his
government. In taking this step we
feel convinced that they were ac-
tuated solely by desire for the
good of their fellow citizens. In some
instances these gentlemen applied
fOr~and obtained commissions for
the parish officers chosen at the No
vember election, and at the same
time distinctly aud emphatically
declared that, so far from intending
to organize tax resisting societies,
they should urge upon their consti-
tuents the duty of promptly settling
their tax Indebtedness to the State.
And their example will soon be-
come the general practice. All class
es, excepting the comparatively
small clique who expected Offica
from the success of the revolution,
arc tired of the damaging turmoil
and useless strife which for months
has been maintained. They have
been taxed and blackmailed To pro-
mote their own commercial and fl
nancial ruin long enough, and do
not now propose TO add to their ac-
crued losses the heavy penalties
which tax resisting will inevitable
entail upon them under the laws.
McEnery, Campbell, McCaleb &
Co., may proclamate' to their hearts
content, but the people are sick and
tired Of them aud their pretentions,
as was clearly shown by their en-
phatic refusal to join in last weeks
armed demonstration, and the mark
ed unconcern with which they con-
templated the overthrow of those
,who did participate, and the seizure
of the revolutionary headquarters.
If the Times will but contemplate
these significant facts in a proper
spirit, the conclusion cannot be
avoided that opposition to the Kel-
logg government, so far as it is
worth dignifying with the name of
opposition, is played OUT and with
it, per necessi!dte, goes the tax resist
ing ebusiness Louisiana.-IN. o.
Republican.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
MARRIED.

On Thursday evening last, at the
residence of Mr.. Henry Hamilton,
by the Rev. Christopher Hunt, Mr..
HENRY j. WRIGHT to Miss LAURA
G.. .AIRAIL.
With the above we received the
usual printer'sfee of wine and cake
and wish the bride and groom all
happiness and success.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15
State of Louisiana Parish of
RapideS--Parish
Court.


No. 192.-Succession Of Minerva V.
Bennett, for Inventory and
Administration.
~T1HEREAS. William II.
Wv Brown has made applica-
ton to this court to he appointed Ad-
ministrator of the Succession Of
Minerva V. Bennett, deceased.
Notice is hereby given to all
whom it doth or may concern, to
show cause, within ten days from
the date hereof, why the same shop@
not be granted.
Clerks Office, Alexandria, La,
February the Goth, 1873.
5. a. BAILLIO, Clerk.
March LIT. p. F's Sc 90.
Rapides gazette. (Alexandria, La.) 1869-187?, 1873-03-15

Leaves New Orleans every Tues
day at 5 p. NJ. Arriving at the
Marksville Landing on Thursday.
On her down trip, will leave the
above Landing at about 8 p. NJ,
The promptness and regularity of this
packet can be relied on.
The sun., 1873-12-18

surprising to ind the same press printing the
words Of the highest morality and those Of the
lowest form ~ seusuality the hymns Of divine
worship and the poems Of prostitution.
Thus the confidence Of the reading public
earned 10y the publication of good works is
turned to account in forcing the sale of bad
ones. For practices such as these there should
be some condemnation stronger than that
of words and II there exists in the city OF Phila
delphia society for the suppression OF obscene
literature We would urgently call its attention
to this nagrant case. TO what purpose are the
miserable, obscure aud secret vendors of vile
books prosecuted when Lppincott 4 Co. may
flaunt upon their wide counters and advertise
in the public prints volume more nauseous and
no Less Indecent aud pernicious than any that
the law seizes upon and cOndemns2 Is vice less
alluring when trlcked out with metre2 Is the
tale Of bestiality less to be condemned when told
20 tho Jingle Of rhvmes2 To our thinking the
greater culprit IL the one that the law should
soonest look to, for II Is from such pub.
lishine houses rs the one In question that wide-
spread decentralization is most likely 60 proceed.