davidaulloa/AmericanStories huggingface dataset:
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1873-09-08

If the above couplet is correct. our
town must be dull indeed; for the girls
seem to be leaving. en- masse. some to at
tend school, some to teach. some to visit,
until they are so scarce that their value
is above par and rapidly rising. lfany
festivities are inaugurated this fall, it
must be done by the older ladies' Let
them not forget. in the press of domestic
affairs, that they also have social duties
to perform.
IRASBURGH.
ORLEANS COUNTY COURT The Sep
TENDER term of the Orleans County
Court commenced its session September
3, A. D. 1873.
TrSrHy P. RrlsrBnp, Chief Justice.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1873-09-08
Farm for Sale.

Irasburgh. August 25th, 1878.
The New York herald., 1873-12-03
THE HARLEM EXPLOSION.

The sub.C Contractors Admitted to Bail In
$4,000 Each-AIlcged Probable Indict-
mcnt for Manslaughtcr in tho First
Degree.
Considerable interest shown in Supreme Court
Chambers yesterday, the bringing into Court upon
wrts Of habeas corpus Of Herman j. Beemer and
Andrew Coyne, the sub-contractors, whom the jury
under Coroner Kessler, in the of the Harlem boiler
explosion bad pronounced guilty of criminal negligence
and whc the orders the Coroner had been
committed to prison without bail. The fact of finding
such verdict rare in OF this kind and the dis
position 1t cvnces OF melting out punishment to
the culpable parties well natural nqustiveness
TO know through strategy legal device there
any likelihood of their escape has served to invest the
% % he 15a ads s the m
Court OF Oyer and Termner but the latter Court had
iound the taken before Judge Brady, holding
Mr.. Albert stickney counsel for Beemer 4 Coyne.
stated that the object q the writ Of habeas was
sy with its accompanying privatons and nardships, Of
III sa h
ey e s
IN the fourth degree ana more than likely
assistant District Attorney Lyon insisted that the in
sad s papss
sc b x that S nns
alone o. the Coroners jury charging these parties with
bs accepted Dali for
Judge Brady said that from the papers before him he
first degree He could make distinction between them
and other prisoners Seven valuable lives had lost
and the Coroners jury charged upon the prisoners
criminal negligence The question involved was Of
the grayest public interest. He should require $4,000
bail the then stood but the Grand Jury brought
In an Indictment for in the fourth degree
he would afterwards reduce the BAIL
!. Mr stickney fought hard for reductions but Judge
brady IN this as in where strict and Impair
ta Justice Is the matter at issue, remained inexibe
The amount OF ball required. 1t seems made no differ
ence in the end, for the prisoners found willing
b aoie bondsman in Mr. Sidney j. Dillon The necessary
It.
at liberty.
The New York herald., 1873-12-03
FoLEY's INJUNCTION.
Ills Crusade Against tho Comptroller
and City Chamberlain Not Sustained.

Ills Crusade Against tho Comptroller
and City Chamberlain Not Sustained.
full report was given In the HERALD at the time of
the application of Mr.. John Foey's Injunction against
the Comptroller and City Chamberlain, as well as the
novel in the matter before Judge Fancher at
Supreme Court, Chambers He claimed that in the mode
of paying checks the requisons charter were
not being complied with, inasmuch rs the warrants
should be drawn upon the chamberlain by the Mayor
Comptroller, and checks drawn the banks by the
Chamberlain, and thus important check upon
mode OF drawing checks by the Mayor and Comptroller
directly lpon the banks, without the intervention the
checks BY the Comptroller entirely destroyed the
e s case Snn INC MS decision
. DECISION or JUDGE rAScHkR.
the Language Of one OF the sections Of the new
yet when all the sections collaed and the general
ana G n me R p
ing and Disbursements the public moneys
There seem to be sufficient checks against improper
payments devised well with regard to the provisions
Of law as to the exigencies OF the Finance Department
the deposit banks under the existing arrange
the se does 20 os 1es
70 be any necessity for the circuiy and increased
responding with the warrants As the point that the
Chamberlain has not the opportunity for the further
Would have Il he drew another set Of cheets must Be
remembercd that the Comptroller Is the chief Of the Fl
TO pay the werrans when drawn BY the Comptroller
and countersgned by the Mayor Moreover such war.
p S
cedure would necesitae additional labor expense and
any IN oes
to INDICATE any improved chart for the of affairs
Y the Of 81 the city think the
TO abide the event. A
The New York herald., 1873-12-03
MARINE cuuaT-spsclAL Term.
The Comm Issioner Of Jurors Sues the
City.
Before Judge Joachimsen.

Before Judge Ioachimsen
Douglas Tayior VS. The Mayor &cThls an action To
the Corporation Of the city OF New York for
printing and furnishing stationery to the amount Of
$Il3 g. The defendants answer Is that Mr.. Taylor
at the time officer OF the Corporation and therefore
could not be lawfully interested the which he
now sues for and which is 10 be paid for from the city
treasury; that he was Commissioner OF To this
answer the plaintiff has demurred and the argument
which has been submitted TO writing by both sides.
these points made First that this Court has no
jurisdiction the Corporation the city New York
is not conended that the subject OF the action
Is not properly within the Jurisdiction OF the Court but
its urged that the Corporation exempt from being
sued in this Court Were there any this obJcc-
the decisions Of the General Term Of The Court
6y and - answer tS the merits waiver
n Sasnss s:sss
hs SsTios and S sssSnSa ssnsssTs.sa Ne Co ssnsasa
as y or
pora!ons" shall pc liable 70 Be sued e they were
snes % the s sess nss the he aSs e b.
% s s Ssg YORK n II ana
% %sr
ns HAD n PLEADED 70 E merits Ts s
upheld Judgment against sOleiy on
Jurisdiction ana precuded the party from claiming that
the without jurisdiction of the Of the
party. These decisions were before the Legislature
ature must be pressed to have had before not only
the referred by the counsel for the defendant but
Jurisdiction of the Corporation of the city OF New York.
With these materials before them they passed an act
giving 70 this Court over in Ian
any
ass ass called ass w2sS' nes
cannot say and the act itself provides that all acts
deemed to be and were thereby repealed. consider
that it the Intention OF the Legislature to do away
with policy which had existed TO narrow the channels
nopozlng such Jurisdiction in one two Of the
State. Much OF the mischief which has obtained in the
administration OF the affairs OF the city (Which now mas
nigh, have occurred If parties having inst claims
against the city Of New York had had that free and
trammelled to all courts which obtains in all other
Mr.. Taylor. being Commissioner of Jurors, Is
an ofhcer of the Corporation, l must define
the ''offcer Of the Corporation" 10 be one
in the puryiew for which the city of New York
ated Mr. Taylor not appointed by the city Of New
York-namcly, the Board Of Aldermen and Assistants,
the city treasury his functions are wholly independent
and outside of the functions devolvng uDon corporate
officer, head Of department or bureau such as the
the suggestion that the Corporation OF the city Of
New York not corporation established by law within
city of New York but that it holds by charter from
ing the charter and reesabsh this municipal
body Of the corporations created by law OF this
State demurrer Is therefore well taken, the de-
fendant may have the usual leave to amend the answer
the usual terms.
The New York herald., 1873-12-03
THE COURTS.
The Boiler Explosion
in Harlem.
FOLEY'S LAST INJUNCTION.
The Commissioners of Jurors
Sue the City.

In the United States District Court yesterday before
Judge Blatchford and jury, the OF The United
states f. Cousnery Co. commenced. 1t was an
action to condemn 800 casks OF birthstone imported by
the claimants, who entered the goods at the Custom
House as crude brmsone," and therefore. not duua-
bic under the act OF July H. 1870. The government sub
sequenty seized the birthstone ground that it
refined" and subject to duty Of $40 ton under the
act of June 1854 Counsel for the prosecution In his
opening statement contendcd the claimants
the birthstone 'crude" while they well knew it
refined" Counsel for the defence took the opposite
sde confending that in order determine the meaning
ofthe words refined" and cruden applicable this
case the meaning must be taken it in
the commercial rather than in the scientific world
The New York herald., 1873-12-03
COURT CALENDARS THIS DAY.

sgrnysx couHr.-Nos 81. as, ~. a. IL 10 50, 90 81,
surnEnE CouRr-spEcIAL TrRx-Hcd by Judge
Dsvis-DcmurseT Nos a. q 2s Law and fsct M Nos S!s
e 8 q & - & e e g. ss s. ~ r. 81 81 IS s. ,SS g. 81 So
sUrassx Uounr-6IaculT-Par' .i.Regular ferm.-
Nos iOllh 2sss 81 II SOL e2s ss,,f a. lsa 7ssS,
Ysrt aNos aasSl oss lsa ISs isss 1854 1883
1850 1852 1854 1885 lsSs 1870 is13 1897 lsgs iso9 ie
MoneilMNos ssS 6ss SOL az as 7 ossis slS 4ss Ss
Nos S s Tie sa, 4SA 7ss 77s, 6oa 900 sia. sia Sls
CcuMHT M or coxxoS PLxAs-TRlAL TxRn-Part Held
By Judge Mos 50 2ysS 2sTS 22sl 27s 2sss IsS
Part 2-Held BY judge LarremoreNos 35as 22s7, 2456
sl Sal s7l0 ss s7sI Ss2 H4S, s74S, s62o, s7ts S4s
l-sd sy Judge 60, tsss Nos
sl75 1851 2ss4 sos Part 2HeId BY Judge shea.-Nos
22e 2G 2seg 1884 soO4 sls 2eel. 7ssts 25s 2s, 2se
Nos iSs as, ase asSi ssIs ss7 aSs7 aS7s, si, $780,
s.CcusT '' oS SsssSxs s srssrors-Hsld by Recorder
-Aaekest Tho Psols w. AaEon HeETh sRa Lewis
The New York herald., 1873-12-03
COURT OF GENERAL SESSIONS.
A Shooting Case.

Before Recorder Hackett.
In this Court yesterday Benjamin p. Mallory pleaded
guilty to assault with dangerous weapon, with in
do bodily harm. The indictment charged that
the 9th November fired loaded revolver at Joseph
Costello and inflicted wound In the neck. His Honor
asked prisoner why he used revolver and IN reply
said that Costello had struck him. The Recorder said he
could have rereated instead OF using the pistol he was
sent to the State Prison Tor i've years,
Grand Larcenfcs.
The same punishment inflicted upon Richard
Gleason, who pleaded guilty to an attempt to commit
grand larceny in the night nie On the 10th Of Septem
ber he stole gold watch and chain, worth $685.
William w. Kelly
Charles McEvoy, jointly indicted with Simon selig
pleaded guilty TO stealing 4C0 pounds OF beef the 10th
OF October valued at 10 cents pound the property
John Newell He was sentenced TO Imprisonment in the
State Prson.ior three years and six months
Archibald Kelly who, on the I'd of November, stole
gold watch, worth $50 nom Gerret Beeman, pleaded
guilty to attempt at grand larceny. Two and
six months in the State Prison was the sentence.
John O. sanchez pleaded guilty to an attempt at grand
larceny He charged with stealing from James
Newcombe, on the 10Th Of November, silver watch
gold chain and $50 in English coin He sent to the
Pententiary Ter one year.
The New York herald., 1873-12-03
UNITED STATES SUPREME COURT
WASHINGTON, Dec. 2, 1879
naAxaS ~


Decisions.
No. ia. Batcsve Institute ct al vs. Kaufman ct al
Appeal from the Circuit Court the Eastern District of
Arkansas.-In this II Is held that where judgment
creditors assign their lien for the benefit of their
creditors making notes which the assignment Is to
cure and the assignees endorse the and
sign the lien to anothar party 1t Is not necessary that
<he third party shall in the name OF the assgnees of
the Judgment creditors, but he may sue in his own
name. Decree affirmed. Mr.. Justice Hunt delivered the
opinion.
No. lls Winter vs. United States ex rel southworth-
Error to the District Court for Alabama.-Mr Justice
clifford announced an a1irmance In this case, with
costs.
No. g. Lucas Brooks-Error to the District Court
for West yirginia.-In this the Court affirm udg
ment in ejectmcnt rendered below holding that Lucas
had into certain property through deed his
in fraud Of his fathers creditors and that therefore be
was not entitled TO the lands conveyed. Mr.. Justice
Strong delivered the opinion.
No. l0x Brent VS. State OF Maryland for use of wor-
field ct aError to the Supreme Court Of District
Columbia-The Court below held that where Court of
competent jurisdiction has award and order of
distribution To the trustee of fund 1t necessary
that the trustee be served with notice OF such order and
have demand OF payment made to ente the parties n
terested to maintain suit against him for non-comp-
ance and tnat Judgment Is affirmed here MI. Justice
Hunt delivered the opinion
No. 8. Orginal-Atocka The United States.-This
petition for mandamus the Court Of Claims to
compel the allowance OF appeal The Court say that
the referred to the Court OF Claims
tain particular fact to guide the the
cuuon OF its treaty stpulations with Mexico and as
the judgment must be taken and regarded final Mo-
ton denied. MIR. Justice Field delivered the opinion
The New York herald., 1873-12-03

Ems NEE tine. ne wUuu suygcss = urespvtet
in int the Pfs 'testant Church, whose character and
Iaty or the ch ,rch, would be or lncalcuabie value
10 this rnoyeU1A ut.
Rev Dr. Ca * q the nseoa saaa az that az this
this question shovA be fully discussed by the iaty
He thought that sa> re was strong feeling IL
practical ar arrument. hs would suggest that an
endeayor be made to get along, II possible. with
one bishop; bishop sr Hs Seeve@ Ses cm the sss
in Chicago, two in Peoria, and he recommended
tres. He thought for the nexI I'VE months they
could get on well, and that tne pulpit 0l bish0p
Cummins could be filed when he was occasionally
absent.
Rev. Mr.. BOURNE said that apostolic example
showed that the apostles went out two and rW0,
there should be one associated With the Bishop
who could be his companion and counsel
ion that the J presens Bishop would need some e.
sistance.
Rev. MARSHALL B.. SMITH moved that we pro-
ceed TO the election Of bishop for the Northwest.
. After few minutes spent in silent prayer che
Council was led in prayer by Dr. Marshah B. Smith.
asking Tor guidance on this subject.
:. AZ the suggestion OF the Bishop the vote was
sahen ny orders first, the order OF the clergy, and
and the people eiectng was the practice through
o,nrrn ous tue word,n said Bishop Cummins. Seven
The Rev. Charles Edward Cheney, rector or
Cnriss @ church, Chicago, WAS. nominated by the
clergy t on % unanimous vote Of seven. There WAS
making eight votes. vote was then taken from
the G laity, I and the nomination was confirmed.
Minis offered prayer.
The Rev. DR.. CHENEY said that the ONCE Of
bishop was unspeakaby repugnant to him, viewed
from its personal relations 70 himself Tor he was
c0nstitut10naliy and socially united Tor the Office.
But on this movement ne would net allow
that to influence ht1. He felt that Chicago was
to be for the West What New YORK was for the
East-the centre Of this movement. he came from
his vestry at Chicago, sustained by his people and
to 20 back to them and say that, after all their
trials ana abors TO build up that church. ne was to
leave them, would excite feeling IN their minds
that would not be favorable to the progress or this
movement. He should therefore be compelled to
say that he were to accept 1t he should be doing
wrong.
After several appeals from his brethren DR..
Cheney declined to accept. and resolution was
passed UNANIMOUSLY that the Executive Committee
make arrangements for his conservation should
DR.. Cheney. after consultation with the people of
his parish, accept the office.
After tne transaction OF some formal business,
and singing and prayer, the Council adjourned.
The New York herald., 1873-12-03
BROOKLYN COURTS.
CITY CcUHT-sEssHAL TERM.
Bowen's Libel Suit.

Before ChiefJudge Nelson and Judge Mccue
In the action brought by Thomas w. Field. superin-
tendent OF Public instruction, against the former
proprietor OF local Journal Henry G. Bowen.
tor alleged libel order OF arrest was granted.
and at Special Term was discharged on con-
dition that Mr.. Bowen should not bring action
for the arrest the undertaking Both parties ap
pealed. chiei Judge Nelson now hles opinion, In
which Judge Reynolds overruling both appeals
the first the ground that the affidavit which the
arrest was granted not suicent the second the
ground that although in where order OF arrest
Is granted without any affidavit the defendant
has legal unqualified right have the dis
rs in this instance, there Is affidavit, but close
examination, not quite sufficient appeal Is made to
the Judge, he may, in granting relief Impossible condl
ton In question TO prevent litigation.
The New York herald., 1873-12-03
MARINE CoURT-pART q
Autho ority or Hdr. Bergh to Make Arrests.

Authority OF Mr. Bcrgh to Make Arrests.
Before Chief Justice Shea.
In the case of Dennis Christie Henry Bergh. Presi
dent of the society for the Prevention OF Cruelty to
Animals Chet Justice Shea delivered, yesterday MORN
ing. elaborate opinion, defining his powers such
officer in making and calling the police to his aid
and also to the relative rights Of the public under such
decided that Mr. Bergh responsible only for
abuse power and the question of the authority
before the Court there being averments
that the power was abused Mr. Bergh was discharged
statutes superseding the rule Of the common law in
respect TO arrests in such of mere misdemca
The New York herald., 1873-12-03
SUPREME couRT-CnAMBEHS.
Central Branch Union Pacific Railroad

Central Branch Union Pacific Railroad.
Before Judge Brady.
In the suit brought by Samuel L. Treadwell VS. Ralph
M Pomeroy and Others in the matter Of the Central
Branch Union Pacific Railroad, application made
yesterday by Mr.. Mount behalf of the plaintiff for
commission to take tho testimony ofwnesscs in Kansas
Judge Sterling, behalf Of the defendants offered to
read he said the affidavit Of f. II. Nichols whom he
stated to be the br0thernlaw Of the plaintiff in oppos
ton to the application Judge Brady being informed
by Mr.. Mount that commission had already been
granted by Judge Barrett to take testimony In Connec
cut 0r the same those urged in the present
motion Judge Brady said that he should not counter
toJudge Barrett and accordingly granted the appca-
would seem, to quote the language OF Judge Barrett
something OF the same blood and business mixed up In
this application as In the recent motion for confirmation
OF trustees for bondholdcrs to which opposition was
made by the painti and decision granted In his avor
Decisions.
BY Judge Fancher
roey vs. Green. for injunction Is Denied with
sio cosu, to abide event. tSee opinon)
Cnarles Halhe Va. Hcrdcrick motion granted.
uis 9. a. vs Brennan, Ac.-Motion granted.
Hosenthal vs. Cohn.-Motion granted.
wOBei o. 81 Va. Cohn n--Motlon granted.
1885,. '. Uonne!ly Va Johanna Connolly y-Judgment Of
r ossmsn Society Of City OF New York VS. Marsh ct al
msshsa lathe " Nsdis Ac.-Moton denied, with $40 costs
Keensn ct Al u. waverley Papers Mills ct sl-Motion
Lee vs. Lce.-Motion granted.
The New York herald., 1873-12-03
Jomss POLICE COURT.
Costly Amu usement.
Before Judge Bjxby.

Early In the morning iour very stylish looking young
men brought in in charge Of Ocer Hrsch, Of the
Twenty-sevenh precinct. They arrested the pre-
vious evening, the City Hall, on the charge
of Gabriel Castle, driver of of the Twenty
third street line OF stages. The young bloods
had been a lark and were riding past the City
Hall in the stage about eight O'Clock. They were
amusing themselves crushing each others hats. and
sy q mas the
Of being Obliged to pay the damagss However he called
oefed up in the twenty precinct ali ywsere
ns n % IA mHs1 sSrks 9
kStheTioTs q ieo East NneteeI.h street. and Dgby
Were very penent yesterday morning and begged hard
to be let of They we're remanded, however, Till The
Afternoon Gabriel ana the prisoners
agreeing to pay all damages in full, the worthy quar-
Richly Deserved Punishment.
Daniel Kelaher was brought into Court yesterday in
charge of an officer, who arrested him complaint of
his wife, Catharinc. She made her formal complaint of
his continual nhuman conduct towards her. and said the
night before he came into the house in beasy state
and turned her and her children
the street. As he was about being committed by Judge
SD for hs cdss bo BE m rs suddenly
severely The Judge at directed the Clerk to
S S .s 0spt Rg & him
50 afterwards he brought before that Court Judges
serve serve term Of one year in tie Penteniiary.
Almost . Murder.
About nine O'Clock yesterday morning John Christie
pher, Of No. 25 Water street. and Thomas Mcbride, of
No. 223 Water street were drinking in Jack Perry's
saloon in the Fourth ward and became engaged some
dispute. when Mcbride pulled out a long knife and
stabbed Christopher three times in the left side once
IN the back Mcbride who is more than Is years of
age arrested by 3cers Adams and Musgraye the
a hs sss sS
now lies in dying condition Two young girls named
having the fight and the stabbng by Mcbride They
tutlv umitt tod In nj m rie
The New York herald., 1873-12-03
BUSINESS IN THE OTHER COURTS.
SUPREME cuuRT-rRIAt TEsm-pARr 2.
The Comptroller ON Payment for Profess
sional Services.
Before Judge Van Brunt.

BeI0re JuuR6 an Brunt
There some bills for professional! services rem
dered the city which the Comptroller not pay with
quite the alacrity he pays his special counsel Nell
Smith prosecuted certain suits for for
personal services and brought In bill for $a5l4 which
the Comptroller refused pay. Suit brought this
court by Mr. Clark Smith, assignee and the services
indicated clearly and the legality OF the claim
firmly established by Messrs John X. Devn and william
z rTul, who conducted the suit that Notwithstanding
Corporation, D. Dean and H. j. Forker that the jury
by order OF the Court rendered verdict for the full
amount claimed. y
The New York herald., 1873-12-03

Yngraham stated that most Of the crimes In this
CITY were youths between and 70 years
He this 70 boys being allowed 70 run about un
cared for without being under proper arenai
restraint lie sentenced Achahou 70 State Prison for
Henry Walters arsgned for alleged violation Of the
Election laws pleaded guilty. Al the request OF Mr.
William +. Howe his his was laid over
There being further business the Court adjourned
till halfpast ten ocl0ck this morning.
The New York herald., 1873-12-03

harris arson ana perjury; Same John Heaney and
Lnomas Dunpny, burglary same w Henry Speesman,
ceny same vs. Charles Howe, larceny the person;
sane va Robert Saunders, larceny from the person;
same vs. John Arnold. ASSAULT and battery.
The New York herald., 1873-12-03
COURT or APPEALS.

ALBANY N. Y. Dec 2, 1878.
NO decisions were handed down In the Court OF Ap-
pcais this morning,
Calendar.
The following Is the Court OF Appeals day calendar for
wednesday, December S-Nos 70. Ils, ". lis. ", VI
H, "a.
The New York herald., 1873-12-03
BY Judge Fancher.
COURT Or OYER AND 1ramIxra.

Waiting Confirmation or judge Peck-
hams Death-A BOY Murderer sent to
State Prison-violation OF Election
Before Judge Ingraham.
twas in contemplation to adjourn this Court yester.
day on account OF the death Of Judge Pcckham but Il
decided to take action in the matter until tho
news was confirmed.
James Mcmahon was arraigned on charge Of murder.
ing another boy, named William Scanlon by sabbing
him with knlfe In October last Through the advice
81 Mr. Beach, hts counsel he pleaded guilty o. man.
that soenIon, who was bigger boy had beaten him.
asu snat under the sxcttamsnkbA siAphed hn. uadss