davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-12-10
MARINE c0UnT-pART |.
Action on Contract.
Before Judge Curtis.


Louis Givernand vs. Benjamin II. Hutton ct al-Plain
into contract with the defendants the services OF
himself and his two brothers at $l25 week supern
tending silk factory West Hoboken, the agreement
being for definite time On the 5th May he received
notice from the defendants that they desired TO term
nate the agreement existing between them He had re-
ceved only $3.50 for the first two weeks services and
the defendants refusing to pay him any more he
brought this action 10 1000 for the
remaining eight weeks. The defendants admitted
the contract but claimed that the plaintiff and
mis- brothers conducted the business in 50 neg
1gent and incompetent that their
services Of value. 1t appeared from the tesu
mony that important changes had been made In the
chlnery Of the factory since the plaintiff was dis
with the machinery In the factory At the time the plain
til ard his brothers were employed there The defend
services OF the plan his brothers and
uon brought In the Of the plaintiff alone, there
was non onder Of parties and the plaintiff could not
recover. The defendants claimed that they negotiated
plaintiffs idea was that he himself made the contract
and his brothers were his agents or employees
The Court charged the jury that Il they found that the
contract was made by the plaintiff individually, and he
plated nothing the employment OF his
brothers his agents employees then his status
preseryed but II the jury were satisfied that the brothers
with the panti himself then the suit should been
brought in the OF the three brother and the plain
til Individually. in his isolated capacity, could not
The Court also charged that, II the Inferior
chinery the plaintiff not Responsible because the
machinery was presumed to be under the control and
Of the deiendants or hef proper agents IN
TIN Tor the full amount claimed.
The New York herald., 1873-12-10
BROOKLYN COURTS.
CITY COURT-TRlAL TEaM-PAHTl.
The Troubles or - Collectors Bonds
mcn-suit on y Promissory Note.

The Troubles or y Collectors Bonds
men-Suit ON q Promiss0ry Note.
Before Judge Nelson.
promissory The plaintG and defendant, with
Pruyn, Of the Central Bank suretes the ocial
bond Of Alfred NJ Wood Collector of Internal Revenue
in this district Long Mr. Wood had ceased to be Col
lector the claimed that he indebted to
the treasury in the of $ao00 and suit COM
menced against the bondsmen. BY some exertions on
Effected by which the government agreed to take
In settlement In the meantime Messrs Taylor and
kalbaeisch mad died and pr9yn q the Central Bank
5000 it was agreed that Msssrs Angus Scholes and
Of M kaibiesch 10 agreed 70 on furnish another xt0 the
declined contribute at that time. Mr.. scholes paid
his contribution by note the order Of ME- Angus
h ~rs % Ss Is i s tine Shs
10 indemnify the contributing sonasmen Mr.. Wood
BY mis- mSher Sl s BY his % ns
not paid at maturity and suit was brought The
upon, he gave the note, that he to be feim
bursed in cash. and that he obtained renewal OF his
note Mr. Wood instead OF providing cash to meet the
ery at the east end OF the island These rendered
TO the suretes and all accepted but Mr. Schoes who de-
cned to receive the MORTGAGE and refused to pay the
note on the trial the above facts appeared and The
further fact that from the estate of r. g. Taylor. $l
was obtained which was divided between certain
lawyers, who had been engaged in the matter. .
the collection the notes in mortgages instead of
was not such violation OF the agreement to relieve
OF the derived from the Taylor estate The jury
found for the defendant
The New York herald., 1873-12-10

This on Friday. The price was mutually agreed
upon and, by directions OF ke, Sentfor drew up
tract OF sale and purchase The former, however, de-
cned 10 the contract them saying that il beng
"tridayn ne was averse to conclude bargains that
unueky day the week but that he would call the
following day Saturday, sign the and perfect
the negota ION This he ied TO do and the plaintiffs
having demanded their commission $3.50 upon the gross
o. S2>.U0O, which Laner then and there willing
pay the property, and being refused it, brought
the present action For the defence t was
contended that the instructions sell had been with
drawn that the defendant informed them that he did
and would sell the premises admitted that
he had met Laner in the brokers' Office had entered
into the negotiation 10 SELL had used the words that
he would not sign contract on Friday, but that In
meeting Laner twas 70 rid OF the harasng impor-
tunities OF the brokers' and his refusing sign the con-
tract Friday alter directing il to be drawn up was
in fun,n that he might get away and avoid making
sale he opposed Some points of law were ad-
vanced by counsel in support the defence which were
review and able comment by the Chief Justice OF
the Court upon their application TO the law and facts in
volved in the case, set aside not binding upon the
Court The three following questions were submitted by
the Court TO the iu-y:-
FirsfWere plaintiffs employed by the defendant TO
find purchaser for his premises At the price OF
$2S,000f
Secoaa-Dd the plaintiffs find such purchaser, willing
and able TO perfect the purchase the terms named?
Third-Findng the foregoing arnrmatveiy charge
that the law OF the the plaintiffs entitled,
their compensation in the negotiations behalf OF
the defendant TO one per cent on $2S,0OO.
After brief absence returned verdict for the
plaintiff the null amOunt-$2SQ
The New York herald., 1873-12-10
l1{E COUR rs.
Another Chapter Of E'inan., !,
. cial Disaster.
Petition in Bankruptcy Filed Against
Hcwes & Macy-0ver 81, ,0o0, 500
Alleged Indebtedness.
BUSINESS In THE 0THsR COURTS.

giving the name Of Daniel Webster, Of Boston,
arrested in this city Yesterday by Deputy Marshal
Crowley on a charge of having committed perjury In
swearing that he 81 yearsof when he enlisted
army He TO be sent to Boston, where the Of
&nee is alleged to have been committed
Charles Schultz and William Gulghauss were yesterday
drought before Commissioner Shields on charge OF at
tempting TO pass lot of counterfeit Prussian haiers on
Isaac Schwezer The Commissioner stated that he had
jurisdiction In the matter and sent the case before
District Attorney Phelps in the State courts
Michael Regan second steward OF the American
steamer Colon, held in $500 bail for examination by
Commissioner Shields, yesterday, on charge o oesert
sle from the ship
rict Conrt by capas by United States Vs. George
n. Hughes Co. linen importers for penalty or aieeea
nderva]uation In the importation OF goods Inc reeoro
does not show how mnch s sued FOR nor ooesiss state
act the provisions of which are claimed TO have been
violated. Assistant District Attorney Sherman, when
~pplied tn refused 10 give any information upon the
aer saying that II the press wanted such iniorma-
ton they must GET it from the records
The further hearing of the case OF George ii. West
brook was resumed yesterday before Commissioner Da
venpor The defendant, as already stated in the
HERALD charged with having in his possession
reunerfe five-twenty bonds of $1,000 each When the
matter called the Commissioner said he entirely
satisfied that Mr. westbrook had in this business
acted under the authority and with the sanction OF the
Treasury Department. for the purpose of asceraining
IL not possible 10 produce bonds and fractional
that could not be countertetei The correspond
that passed between Mr. Wesbrook and the Treas
ary Department, and some of which found In Mr..
westhrooks trunk showed that his intention good
and honest He was, therefore, honorably dis
charged, the Commissioner for the present retaining
the bonds in question.
Either Judge Woodruff or Judge Blachford will open
fie December term Of the United States Circuit Court
criminal side, today in the absence of Judge Benedict,
who is away marriage tour.
As VIII be seen by report OF proceedings yesterday in
fhe Court of Oyer and Terminer the efforts prevent
Robert Woodwork being to New Jersey
the charge of conspiracy defraud the State Bank Of
New Brunswick, N j. out OF $601000 have proved una
vaIing. Judge Daniels dismissed the writ Of habeas
procured In his behalf and ordered his exradi
lion 10 New Jersey.
John T. Irving, OF Nathan murder notoriety, was
yesterday convicted before Recorder Backet, in the
Gonrt Of General Sessions of attempt at burglary.
This was pretty good dose for two days having been
convicted of burglary the previous day The Recorder
sentenced him both convictions 10 the State Prison
Tor seven and six months There will probably be
long hiatus before he attempts any confessions.
The New York herald., 1873-12-10

iorR Carpet Company, charged with conspiracy to de
Ha d the state Bank OF New Brunswick, N j., out OF
0 the facts OF which have already been iully pub
kshed the HERALD, first called up, pursuant TO the
arrangement made the previous day to allow ira.
TO be made 70 the Mr. Charles W. Brooke,
In his Sc alleged that the ucient
in law inasmpch a. the warrant Of extradtion did not
son, ieiSny or other crime within tne 3hfisae'oh ,
onv ''f puSishaSe by the the laws n The dsmsndSs
state or the state Of New York: DID not a reete q
competent Jurisdiction; that there not sufficient
manans state that il appeared the demand by Ihe
hst o the had ana not hSs bee guilty
ss oe anaer @ ae ns S Sew @ and New jersey and
tnat he was not fugitive from justice rom the demand
Judge Daniels suggested that the traverse sub
District Attorney Phelps claimed that the only issue
Of by the n S was e assaSn @ s 81
allegations were necessary.
we're a nat moi
oS aa he the e pspe Of The alice
conspiracy without stating the nature Of the
the description OF the crime, as e determine
Der show that the aday alleging the crime
iheT that they could show that Mr. %eodworih was s
not hereore mstive from justice. and that eonse.
quently the necessary definition OF person amenabe
District Attorney Phelps claimed that an the require
complied with ana that the recitas in the warrant Of
extradition sufficient
Judge Daniels said the question presented whether
the warrant itself showed sufficient face Justify
the detention OF the relaor appeared that there was
such crime as thar OF conspiracy in New Jersey He
thought he must that the allegations recitals
in the warrant were based sufficient evidence
duced Tor the consideration the Governor After
derlng the other points in the traverse Juage Daniels
dismissed the writ ana renanded Woodwork 70 the
custody OF the sheriff for extradition.
Reviving the Insanity Plea.
On the 18Th of April last John McDermott poor labor
ing killed his wife by striking her the head with
hammer After being placed in cell in the station he
attempted to take his life by butnng his head
against the wall He did not succeed in this but did
ceed in hurting himself 10 that extent that he kept
three months in the hospital with very little pros
pect first of his recovery He was in due Of
time indicted murder in the first degree yeser-
day was the day assigned tor mis- trial
Mr. William 4. Howe counsel tor the prisoner. said
that he would interpose the plea OF insanity. As ex
Judge Cardozo his associate counsel in the
then employed in an argument in Supreme Court Cham
bers he asked that the trial might be postp ned he
urged that would time the attendance
OF medical experts He wished 10 leave no stone I'M
turned 10 the life OF his client who, he firmly be-
eved, not in his right mind when he committed the
terrible crime OF which he was accused.
Mr. Phelps the District Attorney strenuousy opposed
any postponement the trial but Judge Daniels thought
the statement made by Mr. Howe fully Justited his
quest and he therefore granted the application, setting
the trial down Tor tomorrow, to whicn tune the Court
adjourned.
The New York herald., 1873-12-10
THE FUGITIVE SHARKEY.

The Escaped Murderer still at Large
The Cases OF "Maggie Jourdan" and
Mrs. "yves NEUTRALITY-SUSPICIOUS. Mat
sell and HIS m Mysterious Correspondent.
The community was startled on the 10th OF No
vemper by intelligence Of the escape Of William J.
Sbarkey, who had been confined In the Tombs and
was waiting execution for the murder OF Robert
Dunn. The news OF the escape and the detail of how
1t was erected awakened again In the mind long
slumbering recollections OF 'yack Sheppvrdr and
'sCIaude Duval.n Among the class in which
Sharkey moved he was Immediately declared to be
q greater man than either OF the above named
digntaries, for In their days there were no
ored ticketsn or vigilants like Johnson. Like the
Father OF His Country, "Jack shcppardn had come
to be regarded as anything other than what he
was said to be, for through the mist OF years
names never look bright to the lovers Of new SEN
satlon. The unterrlned element In the community
silently applauded Sharkey's smartness ana loudly
extoIlcd the virtues OF the women who we're in
strumental in procuring his escape. Since this
frst lush OF excitement the public have come TO
regsrd Sharkey's escape as permanent one, and
little hope In entertained that he Will ever be
aSe aay Is an SATIRE on our prson
system. Listen to how 1t s0unds:-"A convicted
murderer walked out Of The Tombs PRISON
When this can be done there must
obviously be something radically wrong In our
manner OF appointing keepers. mr. flDnan and
his colleague keeper are supposed TO have been the
immediate cause OF the escape, as the prisoner
passed them both on his way to liberty; but behind
them there is q greater responsibility and greater
negligence-to wit, In the body tnat appointed men
OF their calibrc TO take OF the ctys criminals
not TO say their own friends. Political influence
had no doubt more to do with the appointment OF
the keepers-now being kept-than efficient ac-
quirement and until tnat system, which is every
day increasing, is stopped, so long rs justice TO be
robbed OF her dues.
WHERE HAS HE 00NE2
Since the memorable 10Th OF November, when
the ruflianly murderer left the Tombs, this query
: has been br0ached ON AlldaeA aud remains TODAY
The New York herald., 1873-12-10
COURT or COMMON PLEAS.



Before Judge j. r. DAILY.
The Consolidated Fruit Jar Company vs. John L.
Mason, John Chace and Henry P. Johnson-This cause
which last of this Court occnp led several days
It's trial decided yesterday by the Court in
the plaintiff The questions the trial that the
plaintiff charged that Mason had frauduenly conveyed
valuable patents TO the defendant Chace. which
belonged TO the plaintiff that Mason and Chace joined
in conspiracy deraud the plaintiff and in carrying
the conspiracy Chace had, without consideration,
veyed the rights in the patents the
These allegations the defendants all denied. These
patents said to be very valuable and II the assign
ments had been declared valid by the Court would
have seriously affected the plaintiff
The Court in its decision finds that the patent rights
in equity and law belonged 70 the plaintiff that Mason
in violation OF the plaintiffs rights. randulently CON
veyed them TO Chace and that Chace without consid-
Grafton assigned them 70 johnson: directs cancella
ton OF the assignments to Chace and johnson and
conveyance 10 the PLAINTIFF and in default that the de
endant pay AL damages the plaintiff has sustained,
be ascertained by reference.
Other minor legal questions were raised the trial
all of which have been decided in of the plaintiff
Pinckney q sphinx. attorneys for plaintiff Samuel G.
Courtney, OF counsel George W. Palmer, attorney
defendant; ex Judge Fithian OF counsel
The New York herald., 1873-12-10
COURT CALENDAaS-THy nay.

SUPREME yCouRT-CHAmBERs--HeId BY Judge grady =
Nos "a 1 g. Ss, ~, loo, los, is, it, 1856, I, ii ilo
SUPREME Co1Rr-CRcuIr-Part 2-RxculAR rxnu-
,dsl msd 6y Jadge ~ BarretL,Sos m l0ll E 1896 ls CO.,
1897 ApIouas@Ep I'D TsRs-IIeId by. Judge Van Brnnt :
os ss ~ ~ , ssz is,S 20 z 1881 6 as loo 1906, i3e2
u usurnnoE couRraTnIaL Tsa.-Part i-Heh By Judge
alS sSs 7% 7a2 es e9c l2, 1855, 76o 2 si2 sil si6,
COURT OF ComnoS PLRAs-TRrAL TEaw-Part Held by
Judge DAILY 1888 Z343 6l2 63 357l, 1917 85d 2s2S
2Sa9 as 52ge g yns Jas 26 ss 2o s i7g 1sa zoos g
aisS sS saa llla Part rt2-IIedby Judge Larremor
A39, 25l2 2540 25tI.
o MAniNr couRI.TaIAL TKnx-Part Held By. Judge
M6 3l06t Sil0 3II2 3l6, 3I22. Part 2-Hed by Judge
shea vAaA 2@A SO, ~ yas9 wa, HpA2 ylsa AJ2 IVA
The New York herald., 1873-12-10
MARINE CoUnT-pART 2
Important TO Real Estate Owners and
Brokers.
Before CHIEF J Justice Shea.

Before Chief Justice Shea.
Robert scntor and Another vs.. Francis Eife-Ths
plaintiffs In this real estate brokers; the de-
isndant the OF premises in First street.
between First and Second avenues The defendant. in
September, 1874 called at plaintiffs once and instructed
them to purchaser for the premises question:
stating that the required S2s5o0; subsequently
price The plaintiffs had previously sold property for
the defendant receiving cent brokerage
mission on the gross amount Several intending pur
chasers were recommended by the plantis the de-
fendant but IL not till the I'D Of May that
they secured willing and capable purchaser
lor me property, In the person Of Mr.. Laner.
M9tSrs oipee AMI there mai na ipiAadips purcAsseI
The New York herald., 1873-12-10
COURT OF APPEALS.
Decisions.

ALBANY, Dec. 2, IS.5.
The following decisions rendered Court
Appeals to-day
Judgments Affirmed with Costs II Goelet vs. Spofford
Goelet W. Spoford, Blancke Brynnt; The National
Bank OF Commerce vs. rhe National Mechanics Banking
Association The New York Guaranty and Indemnity
Company Flynn; Bryce vs. The Lorllard Fire In
surancc Company; Dcning VS.. Pulston.
Judgment Reversed, and New Trial Granted. Costs TO
Abide Eyentvan zandt The Mutual BENEFIT Life In
surance Campany Collender VS. Dinsmore; Hughes VS..
The Mercantile Insurance Company
Orders Affirmed. with Coss-The People rel Mar.
tin VS.. Brown; The People rel The Board OF Super
yisors OF Westchester county vs. Fowler; Lenipan
Haman.
Order Granting New Trial Reversed and Judgment on
Report of Referee Affirmed, with Costs-Cowden vs.
Gottzetreu
Order Granting New Trial Reversed and Exceptions
Oyerruled and Judgment Nonsut AT Circuit, with
Costa-McClure The Mutual Lie Insurance Company.
Calendar for To-day.
The following Is the Court Of Appeals day calendar
December lO:Nos. n6 IH, ll9 III ~. l32 o. lA o. l4
The New York herald., 1873-12-10
ESSEX miHktT POLICE COURT.
A Lovers Quarrel.

Yesterday afternoon Julia Clyde and Tobias Brown ap.
peared before, Justice oterburg at the above Court
after the early watch returns had been disposed Of Miss
Clyde, young lady Of roseae eomDlexon and lively
manners, testified that she was acquainted with
Brown and on one or two occasions had nc.
eompanied him 70 the theatre and once 70 n baII
Tho other day she happened to meet a friend
OF hers named Delany, and walked with him down
Tobies came up and without the slightest
prelude struck her In the face she satisfied how
ever, that love Jealousy something OF that sort
prompted him TO commit the assault she was willing
To Withdraw the charge. Justice Otterburg
and Brown was discharged with a reprirnand ~
The New York herald., 1873-12-10
IOMps POL llCs CQuHI.
Counterfeit Prussian Currency,

Before Judge Morgan.
Charles Schultz ana william Gottschald were arrairned
before Judge Morgan yesterday complaint of Isaac
schweizer No l22 Greenwich street whom he accused
OF trying 10 negotiate counterfeit Prussian currency
There two bills OF 25 thalers each offered in ey
dence which the complainant, who keeps an xchange
Office. where they were offered for sale pronounced "a
counterfeit The prisoners were held, without bail for
examination.
Caught Again.
Harry Riley, alias James Short who was arrested last
week for having Durglarious implements in his posses
sion, was arraigned with two Others at Special Sessions
yesterday Judge Bixby the case back 20 the Police
Court and an examination took place Yesterday aer
before Judge Morgan Riley alias short n onlv IN
days Of the Penitentary He was fully committed
for trial by Judge Morgan at General sessions The
others were discharged -
The New York herald., 1873-12-10
CITY COuHT-;QUlTY.
Interesting to Itinerant Debtors.
Before Judge Nelson.

Rawson VS. Kenmore.-Action note made in Florida,
where the parties resided After the statute of lnia
tons of that State had attached the defendant removed
settled this State The was tried before
Judge Nelson without Jury The question whether
the defendant not protected by the Florida statute.
principle and authority that the statute Of limitations,
relating it does to the mere remedy matter State
policy and the statute OF State where the action il
brought is the only that can be pleaded II debtor
living State where the plea Of the would pro-
tect him, ventures off into another state he may be
charged with the payment of old claim not old
that the presumption OF payment applies.
The New York herald., 1873-12-10

1917. s4as, 2sio 2s7a 5000 soaI Part sHed BY judge
sSOa, 5000 s5a asa 500 sI02 3l0l. sioe
CoURr OF GENERAL sEssioNs-Heid by Recorder Hack
lam Dugan and william Carroll. robbery Same vs.
Charles Carnine, George H. Anderson and James
Collins, burglary: same W. John Brady, alias Grady,
felony Laws OF 1867; Same Sarah Berry, grand lar
ccny; Same James Crosby larceny from the person;
Same va Frederick +. BECK, false pretence Same vs.
George Bennett assault and battery Same Va NADIA lima
Pinkerville, Gisorderly house.
The New York herald., 1873-12-10
C0UnTY COURT.


The New Lots Annexation Question.
Before Judge Moore
An application was made yesterday on behalf OF q
number residents OF the of New Lots for an
order setting aside the election held there the 25th
ult which resulted in the OF the xaton
and providing for new election No attorney appeared
10 oppose the motion; but Mr.. Bridges, resident of
the town. said he would oppose it, If there attor
ney present.
Judge Moore said he preferred that attorney should
appear and that he would postpone the hearing the
matter until saturday next at 10 A. NJ
The New York herald., 1873-12-10
SUPERIOR CCUHT-sfEclAl TEsk.
Decisions.
Ry .Judpe Freedman

BY Judge freedman.
Casper 0'BreD Sherin-Iaxation OF costs affirmed
Ritter vs. Frekeller Estae.-The sum So 63 ordered
TO he deducted from bill OF costs taxed.
BY Judge Van Worst
Kincad vs.. Dwnelle.-Findings OF and conclusions
OF law settled and filed.
Magnin VS. Dinsmore, President &c-Case as amended
settled.
Keck va werder-The case is not made MP in pursu.
OF the rules the lines which ns
addressed numbered. and In its present condition
cannot be settled.
The New York herald., 1873-12-10
SUPREME CrSRI-spEclAL TERM.
Building Sheds over city Piers.

Before Nudge Davis
The OF Charles IL Mallory Co. which has been
frequently before the courts involving the question Of
the right of the Department of Docks 10 grant
permits erect sheds over city piers, was
yesterday. brought before this Court Messrs
Mallory Co. commenced the erection of Q shed
at pier No 20 East River ana the Attorney General
applied for injunction restraining them from Its
petion This njunc ton dissolved by Judge Ingra
ham at Supreme Court Chambers, and an appeal
from this order 10 the General Judge Davis
adjourned the till the I'D inst await the decision
OF the General Term the questions being involved
in the appeals and the issues ordered TO be tried.
The New York herald., 1873-12-10
ClTv couaT-TRI.L TERM PART 2.
A Contractors Success.

Before Judge McCue
Peter W. Myers Charles A. Naturalization for
81 Geo. payment of which is alleged have been guaran
teed by defendant when plaintiff had completed certain
Twenty streets, Brooklyn, under contract between
plaintiff and Henry A. Frnk: The defence was that the
plantn had fulfilled his with Frink and
defendant was therefore not liable. Verdict Tor plain
tf, 81, ,625. H
The New York herald., 1873-12-10
BUSINESS IN THE OTHER COURTS.
COURT or OYER AND TEpmIStB.

Wcod~orth To BE Sent 90 New Jersey
Tor TsiAi-The Plea of Insanity To BE
1nserpescd In an Alleged Wife Murder
Case.
Ibere was very large crowd In attendance nj This
Court Yesterday. Judge Daniels occupying the bepcb
1hs esss u AobsrtN wooawOr, rresIdsnto Of the new