davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28
Grrat Fire IN the Woods

NEW BEDFORD, Mass, June N.-The great
fire ia the woods which commenced Friday last
on thu Cape Cod division of the Ole Colony
1t has steadily advanced north eastward from
the start at West Wareham, and the front line
OF the fire is now miles long in the Plymouth
woods. The right flank is within mile or two
of North Sandwich, z miles in direct line east
of the starting point, and the left flank is near
the South Pond, miles south of Plymouth and
miles from West Wareham
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28
Schooner at Auction.

nN SATURDAY, June 2sth, at ~ O'Clock, w
" shall sell eli West side Portland Pier the fin
Schooner Fair Play. She is 20 tons new measure
ment, very fast sailer, and will be sold with her
tackle apparel and furniture all in perfect order.
For further Information enquire Of
r. o. BAILEY & CO., Auctioneers.
je26 Sd
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28

DIR. URANN at Preble House Tuesdays and
Wednesdays of each week. His cures are won
derful may3O-dSzwtf
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28
senator Carpe inter- Ri-e. 10 Explain.

1t is reported that the French Minister to Pc
KIN, has been refused passport to Tientsin
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28

For SALE on favorable terms, valuable
slate property, partially developed, with most
encouraging prospects. iu the eastern part of
the State. Owners refer to S. T. Pullen, ESQ.,.
PREss Office. je14-dtf
Now is the time to have your window screens
made. Lothrop, Devens & Co. have received
large quantity of German linen and cotton
gauze, green wire, &c. No. 81 Exchange St.
may17H
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-28
MASSACHUSETTS,.
Execution of the We.tfeld NIurdcre

SPRINGFIELD, Juue N.-Albert 81. Smith was
executed in this city at a quarter of IL o'clock
this morning, for the murder of Charles D.
Sackett at Westfeld on the 18th of last Novem-
her
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
SAVED FROM THE sCAFF0LD.

The Christmas Eve INSTRUMENTATION.
ment OF John Fitzgibbons for the aIur-
der Of John O'Hara--The Particulars or
the Terrible Homicide-A Plea OF GuSity
of Manslaughter i'm the First Degree
Acceptcd-Reman ded for Sentence.
Last Christmas Eve a murder OF startling
atrocity shocked the denizens OF the Twenty-Grst
ward, and VIXEN the excited populace FASTENED to
the premises, 1903 East Fprty-sixth street, from
whence proceeded cries OF murder, CORY specta-
Gle met their teror-stricken gaze. Lying upon the
moor with outstrtched limbs was the mutlated
form OF John OHara weltering In pool OF his own
blood, his skull CLEFT with Ratchet. q rhasty
wound upon his shoulder and his body blistered
from the effects Of boiling water poured on him.
al the work OF John Fitzgbbons, q demon, evil
IDENTITY, In human shape. The victim presented q
writing, agoniging, ptifui object, whose suffer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
MARINE CcuRT-pART !.
What Constitutes a Material Alteration
of Note.


What Constitutes a Material Alteration
OF a Note.
Before Judge Curtis.
Islin ct al. VS.. Davis.-George II. Randall gave q
note endorsed by defendant to one MRS. Cartwright
in payment Of a board bill. 1t appears that after
the endorsement was made Randall inserted in the
body OF the note Payable at the Fourth National
Bank" without the knowledge or consent OF the
end0rser.
Judge Curtis dismissed the complaint upon the
ground that it was material alteration in the
note and vitiated the same; that it was
not the case repOrteds in Al Barber, In
which Judge Leonard drew the distinction
that the authority to insert the place payable was
implied from the word at" being printed in the
body of the note In this case the word "at'' was
not printed in the body OF the note.
Avoidance OF Lease.
julius shuberth vs. Edward Molenhauer.-This
action was brought to recover the amount due for
rent under written contract OF lease. The de-
PENDANT sought to avoid the lease by showing that
he was induced to sign the same by
the fraudulent representation OF plaintiff
that the sum mentioned in his lease
(S2.2s0 per annum) was the amount paid by
his predecessor; that in fact his predecessor only
demanded back the money paid in excess; but
plainJn refused to give it, that he paid the excess
under protest, but did not abandon the premises.
Judge Curtis directed verdict for plaintiff on
the ground that 1t was the duty Of defendant to
have abandoned and rescinded the contract as
derive any benefit from the contract and seek to
avoid its provisions. Furthermore that defendant
was In a position to know the real value OF the
premises. Verdict accordingly.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22

ings made the stoutest heart quail. The mend
fft6 street station house. The wounded man. in
terrible pain, was carried TO Bellevue hosPlaai,
where In heartrending agony ne survived Dus
inquest evolved that John Crimmns, O'Haras
brother-in-law, came 10 New fork 10 spend tne
bUenery went into the room OF Fgbbons
and inquired for O'Hara FltzelDoons, wno was
hostile to O'Hara, urged crimmins 10 step INSIDE,
b0ns then at once barred the door. Fltzgibbons
and Crimmins now got into wordy wrangle rela.
O,Iara's attention, and the latter came to the door
and cried, "John, are you in therefn Crimmins
sns sss me- sake
OTIara's voice, stealthily hid himself behind
the door, and as o'Hara entered the
nercesn osW a seas tnroR
ing him wounded and speeches. to the floor. The
tempting to interfere to save the lie Of his sisters
husband, was panic-stricken by the exultant and
gloattng ejaculation Of NtzgiDbons, '.If you move
Grand Jury and an indictment Tor murder in the
first degree was found against Fitzgibbons,
te s tSe sts ssowns more S nPrrdw
ing and terrible murder than Fosters or
Nixons; Knowing the cn na 6 energy rg
friends OF Fitzgibbons importuned his services for
the benefit Of the prisoner, and Mr.. Howe,
although c0gnZant that the cause which he was
retained to defend presented all the formidable
features OF a most desperately bad case, applied
himself to the matter ana since /, Ft ts I'm I'M
as the result shows, with snccess, saving him
from the galows. lie showed the different phases
OF the case in such a manner to the District Attor
ney and to His Honor as to gain for his client per-
mission to enter plea OF guilty OF manslaughter
In the first degree in lieu OF murder In the first
degree.
At the Court OF oyer aud Terminer, yesterday
morning Judge Brady on the bench, Fitzgibbuns
was placed at the bar and asked to plead to an in
dIctment for murder in the first degree.
Assistant District Attorney Rollins recited the
facts as given above and then added that owing to
certain facts in the case, he inclined to accept
a minor plea-that Of mansaughter in the first
degree
Mr.. Abe H. Hummel, who appeared for the pris-
oner, stated that his senior counsel, Mr.. Howe,
was unwel owing to his recent labOrs, and asked
the Court to remand the accused for sentence until
he could state his case to the Court.
Judge Brady replied that he had to take the Dis
trict Attorneys statement as his justification In
accepting the plea, but he thought 1t was case for
severe punishment.
The prisoner then withdrew his plea OF not
guilty of murder in the first degree, and pleaded
guilty to manslaughter In the first degree. He was
remanded for sentence
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
BUSINESS IN THE OTHER COURTS.
SUPERIOR CoURT-TRlAl TEHM-PART !.
The Libel Suit Of George Il. Davis
Against the New York Times.
Rnko nd
Before Judge Freedman.


Among the accusers OF ex-Collector Bailey was
George b. Davis. II was charged that in his sworn
statement he perjured himself, and the charge be-
ing considered substantiated In the United States
Court, where he was trieo, he was convicted and
sentenced 10 state Prison. Before the expiration
OF his term OF Imprisonment he was pardoned by
President Grant. Meantime an article was pub
lshed in the New York Times charging Davis, as
alleged, in addition to perjury IN the
Bailey suit with having previously mar
rowiy escaped conviction in England for
felony and with having been guilty OF crime in
Canada on account or this alleged libel Mr.. DAVIS
brought suit against the paper, claiming $4,000
as damages. The defence was the truthfulness OF
the alleged iibeous statements. The case came up
Tor trial yesterday, Mr.. Hirsch appearing on behah
Oh Mr.. Davis and John H. Cnoate for the New YORK
Times
After the case had been opened by Mr.. Hirsch he
called Mr. DAVIS as witness In his own behalf 10
tnss Mr. Choste objected insisting that MT. DAVIS
was disqualified from testifying through his con-
vlctlon OF telony In the United states Court the
crime as aegee being that OF perjury In the pro-
ceedinga instituted against ex-Collector Bailey.
MI. Hlrsch claimed that the pardon OF Mr.. Davis
by the President removed the disqualification and
restored TO him all lIs rights
MI. Choats urged that before such disoualinca.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22

vs. Eltfnge, 40 N. T., s91; Keny vs.. solan,
and TO- 54l The law will not permit defendant
to retain this money unless there is something In
the case that may take 1t out Of the general rule
certified commercial paper by mistake have been
held to their obligation. They are cases in which
the Courts applied the principles OF the law Of
estoppel They were cases where the certified
paper was negotiated to bona fde holders for
value and which caused holders lose their rights
damage in this case. The case or the Irving Bank
whitehall ,36 N. Y, 1851 Is the nearest In point
that have been able to find. My conclusion Is
that plaintiff is entitled to recover the amount OF
the note, with interest from the 18th day OF Novem
Der, with costs and sos allowance.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
COURT or GENERAL SESSIONS.

Panel OF Dccrepid and ssIndisposed"
Jurors-Thc Absentces Fined.
Before Recorder Hackett.
His Honor the Recorder observed yesterday that
the Sheriff must have made singular mistake In
summonlng large number OF invalids to serve as
jurors. One hundred jurors were summoned to
ana TWENTY-FIVE of them had either heart disease,
ruptures or spinal complaints which UNITED them
for service as jurors The clerk was directed 70
pear, In obedience to the subpoena
Acquittals.
The first case disposed Of by the jury was an In
dictment for burglary against Charles Reilly. The
evidence showed that on the night OF the Sd inst.
he entered the club house OF the William M. Tweed
hole and was discovered by an oicer III his stock
ing feet. The accused proved that he was Tor
merly employed there as barkeeper and that his
was locked out OF his ewn apartments and went
into the CLUB room TO sleep. verdict Of not
sI Lawrence '1 Casey was tried upon a charge
Of robbery. It seemed from the tes-
timony adduced by the prosecution that on on
Hollenback was assaulted and robbed OF $40 at
restaurant In Blocker street by an alleged noto-
complainant said he was struck from behind by
some person, when Lockwood struck him In front;
that Casey whom he saw conyersing with Lock,
wood in the saloon, stood near him, but he could
not swear that 1t was the defendant who did It,
other persons being in the saloon. AS there was
not sufficient evidence against Casey the jury was
instructed to acquit him.
sJohnny the Creek at the Bar.
The Grand Jury brought in number OF indict-
ments for robbery, burglary and larceny, upon
which the prisoners were arraigned. Among the
prisoners placed at the bar was John Keefe, alias
"JOhnny the Greek,n the Indictment against him
being for robbery, second offence II he Is con-
victed Of this the Court can sentence him to the
State Prison for forty years. Mr. Mott, who APP
peared for Kcefe, asked time to examine the in
dictment before being called upon to plead to 1t,
which was granted. In June 1859, this prisoner
was convicted under the name of John Roach OF
stealing check for $l75 and 500 in bank notes
from the person OF N. J. McCready, in Broadway,
for which offence the Recorder sent him to the
State Prison for three years.
Grand Larcenies.
Isabella Robinson pleaded guilty to stealing
ladies' clothing, valued at $165, on the 4th inst,
the property Of Mary Ann Richardson. She was
sent to the State Prison for three years.
watch and other jewelry, valued at SAB, owned by
Margaret Murray, pleaded guilty to an attempt at
grand larceny. The youth was sent to the Peni-
Tertiary for TIVE years and six months
John Regain pleaded guilty TO a similar grade OF
larceny, the charge being that on the 18th Of this
month he stole 500 in money from Henry Horst
mann. Two years and Six months In the State
Prison was the sentence.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22

tion could be removed II was essential to obtain,
before competent tribunal, reversal OF such
judgment.
Judge Freedman decided that rs the State
statute prescribed that conviction for perjury
witness in a court OF justice until the Judgment
was reversed, the disability continued notwith-
standing the Presidential pardon.
Mr.. Hirsh proposed to Withdraw juror SO as to
allow a retiral OF the case. To this Mr.. Choate
would not consent without the other side stpu-
lating that they would not again bring the case
into court unless reversal Of the Judgment In
question had been obtained. This was finally
agreed to, the juror was withdrawn and the
prosecution temporarily abandoned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
SUPREME COURT-CHAMBERS.
Decisions.

By Judge Barrett.
IN the matter OF che application OF the Evangeli-
cal Lutheran church.-Order granted.
Merchants National Bank OF Little Rock VS..
Stann ct al-Stay granted on condition.
The People, &C., Kagin0sko vs. Green.-Motion
for perempt0ry mandamus denied without costs.
MARITIME vs. DEMONSTRATION denied with $40
costs,
Stevenson We. Alien ct al-Motion to strike ont
the entire answer as irrelevant denied. Motion to
strike out all the answer, except the plan OF pay
ment In the fourth folio, irrelevant and redund
ant, granted; no costs.
Clark vs O'Brien.-Motion denied with $40 costs.
McMullen VS.. Green, Comptroller.-MOtiOn for o
mandamus denied, but without costs.
The People ex rel Guidet vs.. Green.-MOtion de-
MED with SO costs.
Brown VS.. Hyde.-Memorandum for counsel
Warren vs. The Northern transportation Line
Motion granted with $40 costs to abide event.
National Park Bank VS.. Hagard.-Same.
African Methodist Episcopal Bethel Church vs..
Gambier.-Moton to vacate order OF arrest granted.
BY Judge Harden.
Williams vs.. Irving.-Motion granted as stated in
opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
NEW YORK HERALp TUESDAY APRIL ~ s7s-oUApRUPLE

to recover from David NJ KGhler, New York dis
building of an engine, by Porter Allen, for de-
fendant's dIstillery, foot OF l06th street.
The defence Is, that the engine was not such as
was called for by agreement and was not COM
pleted within the specified time. A counter claim
for So $50 is made for the delay In building, the
agreement being that $25 day were 10 oe lot
feited by Porter h Allen for any delay AFTER the
specified time. Case still on
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
COURT OF COMMON pLEAs-Tau Nam-pMTL
Penalty OF Bringing Suits without
Authority.

Penalty OF Bringing suits without
Authority.
Before Judge Larremore.
Mr.. Henry C. Pratt a lawyer, brought suit
against Messrs. Bachrach h Co. to recover $15S
costs and advances alleged to have been made for
them in suit in which they were interested as
plaintiffs, and in which a judgment was obtained.
1t was shown by the latter thai while Mr..
Pratt had some connection with the transac-
ton out Of which the suit in ques-
ton grew the suit itself was begun
without any authority from them, they having
given the claim to a collector, who placed the mat
ter in his hands; and, further, that the judgment
was OF no use, the parties being insolvent. The
jury found for the defendants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
THOSE HARLEM FLATS.

Raising the Question Of the Validity OF
Title-A Knotty Legal Question and
Extended Research Among the Musty
Grants of the Early Colonial
Times Important Decision
by Judge Barbour, Of
theSuperior Court.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
CITY COuaT-TaIAL TERM.
A Keepers Claim.

Mrs. Mary White Is suing the estate OF Richard
Adams, deceased, to recover 81, l25. which amount
she alleges is due her for taking care OF Mr.. Adams
WIFE, who was insane. Plaintiff says that her COM
pensat0n was to be at the rate or $125 per month,
and that she took care OF Mrs. Adams from June.
1857, to March, 1872 at the husbands request. She
was not paid at the rate alleged to have been
agreed upon hence the suit.
The defence Is that the plaintiff was to be PAID
$25 month, and that she had been already fully
paid This is the second trial Of the case, the jury
on the first trial having disagreed. Case on.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
MARRIAGES AND DEATHS.


BALL-SHEPPARD.-On Wednesday, April 16, 1873,
by the Rev. DR.. McAllster. CHARLES r. BALL to MISS
JOSIE SHEPPARD, both Of New York.
Philadelphia Ledger please copy.
BREvooRT-BAsCoM.-On Monday, April IA. at the
residence of the BRIDES mother, Burlington Iowa,
by Rev. DR.. Sater, PROFESSOR JAMES X. BREvOORT
and MISS MARIE LOUISE BASCOM, OF New York.
CHAIRMAN BERGEN.-Ac Grace Church, Brook
Ign Heights, on Thursday the 18th inst, by the
Reverend Doctor Paddock, DOCTOR FREDERICK E.
CLARK, of Staten Island to MISS KATE W., daughter
of John p. Van Bergen. of Brooklyn.
GEE-SCHENCK.-On Wednesday. April 10, at
Madison, N. j., by Rev. I. H. Landon. CHARLES B.
GEE, OF Liverpool, England, to Miss JOSIE SCHENCK,
of Madison, N. j.
Liverpool papers please copy.
Observation-Disclosures Thursday, April 18th,
at Potts Memorial Church, MOrrisania, by the Rev.
DR.. Potts, GUSTAvE HUERSTEL, to JULIA WILKENS,
both OF Morrisania.
KRAUs-CLAUsEN- Thursday, April II, by the
Rev. Mr. E. RondthaleT, GEORGE KRAUs to CHRIS
TINE CLAUsEN, both of Brooklyn.
LA ACKNOWLEDGEMENTS Jersey City, on
Wednesday, April 10, by the Rev. Spencer Rice,
ANTHONY @. LA BOYTEAUx to Miss AGNES MCAULEY,
both Of this city.
LIE -GooDMAN.-At Cincinnati, on
Thursday, April II, at the Church OF the Advent,
by the Rev. Mr.. Tinsley, Mr.. JOHN LIE BOUTILLIER,
OF New York, to FANNY, daughter OF w. Augustus
Goodman. Esq, and granddaughter Of the late
Philip Grandin.
LILLIE-HAMILToN.-OnT Thursday, April Sd, at the
American Legation, Paris by the Rev. John b.
Morgan, ANDREW ID. LILLE, of New York. to JULIA
w. HAMILTON, daughter OF Leonard White, Esq, Of
Buffalo, New York.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
SUPERIOR COUaT-spEClAL TERM.

OecislOnss
BY Judge Sedgwick.
Tracy vs.. Tracy.-Order appointing receiver.
Patten vS. Stell ct al-Order that judgment
docket be cancelled.
Fury Va Rogers ct al.-Order granted.
Fairfax vs. New York Central and Hudson River
Railr0ad.-Same.
Dorman VS.. Dinscombe ct al.-Order vacating Or
der of reference.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
sURpoGATE'S COURT.
Patrick Murphy's Will.

Before Surrogate Veeder.
Surrogate Veeder has decided to admit to pro.
bate the will of Patrick Murphy, brother OF ex-
Alderman Murphy, OF the Sixth ward. The ties.
tator died on the 18th OF October last and left all
his estate, valued at about twenty thousand dol
lars, to his brother. the ex-Alderman. A brother,
sister and nephew contested the Will on the
ground that the testator was OF unsound mind
when 1t was executed. The proceedings had been
pending since November.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
COURT or SESSIONS.
Thieves Sentenced

Before Judge Moore.
Joseph Schmidt stole two coats from Jake
Cohen's clothing store, on Myrtle avenue, near
Fulton street. He pleaded guilty, and was SEN
fenced to the Penitentiary for two years and SIX
months.
william Dredge, convicted OF burglary In the
third degree was sentenced to the PeniteDttary
for four years and six months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-22
POLICE COURT SCENES.

Curious Phases OF Criminal Life ms Seem
I'm the Tombs Court Yesterday.
Patrick Foley, of IL Elm street, was arralgned
yesterday morning Tor an assault committed on
Thomas Scanlon on Sunday night. The prisoner
was in charge OF Oficers Gilr0y and Doran, who
had also suffered severely at the hands OF Foley in
endeavoring to arrest him. Ofiicer Groy had
three cuts across his forehead and Oncer Doran
exhibited the marks Of severe beating around
his head. Foley, who is a man Of herculean
frame and desperate character, was held to answer
at Special Sessions on the complaint of Thomas
Phillips, VINO witnessed the ARRAY. Thomas Scan
Ion Is at present lying in the Park Hospital with
broken leg.
THE FARO BANK OUTRAGE.
Thomas Barclay who was accused by Henry
Mandebaum of beating and robbing him. at 40
the Bowery by Captain Kennedy and Detective
Doan, OF the Sixth precinct. He was brought be.
fore Judge Hogan Yesterday. The. complainant
was unable TO appear, but the following statement
IN his own handwriting was recelved:-
Last wednesday evening about y V o'clock went up
played for little while money and paid
for the checks. Afterwards asked for some more
e
and another man whom identity at any time, go.
tic door searched pockets: took an The away
sensees M"w ever cot home and hv ho e as
taken home cannot tell HENRY MANDELBAUM.
Captain Kennedy also made a formal affidavit
against the prisoner The doctor in attendance
on the wounded man stated that he would not be
able ty appear before Saturday. The prisoner was
then ned in 81 900 bail, pending examination, and
was baled out by his brother James Barclay.
OUT ON A LARK.
On Sunday night Oficer Kelley, Of the Fourteenth
precinct, noticed very well dressed and good
looking young man pass up and down Houston
street, near Crosby, evidently endeavoring to at
tract the attention OF the young ladies
who frequent that vicinity SO industrious
was he In this regard that he managed to gather
quite crowd OF females around him and stood for
some time jeering and laughing on the corner OF
Crosby, surrounded by quite large audience.
Oflcer Kelly requested the gay young man to move
on, but received decided refusal to comply with
his request and was told to mind his own business,
If he did not want to get in trouble. Onicer Kelly
waxed wrOth and arrested the young man. When
he was brought TO the station house and ques-
toned by the Sergeant his demeanor very suddenly
changed and he shook like aspen leaf and the
tears rolled down his manly cheeks. The young man
sobbed violently and acted otherwise in very
strange manner. At last, In broken accents. the
prisoner managed to tell the Sergeant that il was
a woman and not a man he had in custody. She
lived in Lexington avenue and had put on her
brothers. clothes for lark. She said her name
was Miss Julia Black. Officer Kelley escorted his
prisoner before Judge Hogan yesterday morning.
and presented the appearance of a respectable
orderly conduct and her friends were notified.