davidaulloa/AmericanStories huggingface dataset:
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-09-13
POST oRgFL'IcE REaIsTER.

uo.rs .tvblch mails aro dse and close Al ths
lS Sss with Win tho istesf ime tables On The rail
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-09-13
The Gas Works nurned al. Grattoh.
.-i GRAfroS, Sent. 40. 1873. Il

Editors Of The IntelllgeHeet ~ 2; ~, 49, 81
II was not the Grafton Casa Works
which burned down on Sunday evening
last, but q patent gas machine fecently
erected by tho b. g. O. r; Il. Company
for the parpese OF supplying the Grafton
ERsspeetally.a MMI
The New York herald., 1873-09-30
COURT OF GENERAL SESSIONS.
Alleged Outrage Upon n Woman-Dia
agreement Of the Jury.

Alleged Outrage Upon n Woman-Dis-
agreement Of the Jury.
Before Judge Sutherland.
Nearly the whole OF the session yesterday was
occupied in finishing the trial OF Michael F0ran and
James Broderick, which was commenced on Fri
day. The youths were charged with outraging a
woman named Ellen Stone on September
1st at the foot Of Thirtieth street. Mr..
Mott called number OF witnesses Tor the
defence and made a vigorous summing up to
the jury. After an absence OF three hours they
were called into court and informed his Honor
that it was impossible for them to agree upon q
verdict. They were discharged from the further
consideration OF the case.
Dedrck Hilebrand. who was convicted last week
of grand larceny, was sentenced to the state Prison
Tor three years.
A Qucor Verdict.
James QUINN a boy sixteen years old, was tried
upon charge OF being concerned in stealing be-
tween $500 and $500 worth OF conin plates on the
oath of August the property Of Lewis Hornthal
The testimony OF the oliicer who Quinn and his
cOnederates near these premises at two O'Clock In
the morning, and caught him in the act OF "bury-
ing' the property In the ground two hours after
wards, seemed TO be conclusive evidence of guilt.
In response to the usual question OF the Clerk, the
foreman replied, "NOt guilty. The youthful
prisoner made for the door with lightning speed,
and while one or two officials were expressing as
tonishment at the verdict, 1t was discovered that
ten OF the jury believed the boy guilty. 1t was too
late to rectiy the mistake OF the foreman, and the
youth escaped.
An AcquittaI.
Bridget Lochner, whose husband keeps sailors
boarding house in Water street, was tried on the
complaint of Francis Fields, who claimed that she
stole $26 from his person upon the 2OJh OF this
month The evidence showed that the complainant
was Intoxicated, and District Attorney Rollins
being satisfied that she was innocent the jury rem
dered verdict Of mot guilty. without leaving
their seats.
The New York herald., 1873-09-30
POLICE DRILL.
The Guardians OF the City's Peace Per-
fccting Themselves for Duty.

The Guardians OF the City's Peace Per-
fccting Themselves for Duty.
Yesterday was the first day of police drill under
the recent order OF superintendent MatselL, In
obedience to General order No. l21 the captains Of
the several precincts, with two sergeants from
each, assembled at the Armory OF the Twenty sec.
ond regiment n. G. S. N. T., Fourteenth street. and
formed in semi-military order, under the title OF
the Police Brigade, making force Of about
100 men. Inspector walling was in com.
mand, and exercised the officers in
the school of the company. Inspectors
Thorne and McDermott acted as leutenants, and
Captain Copeland brigade major, as principal in
structor. The corps spent an hour in the exer.
cises, which they executed with such precision aud
spirit as to elicit warm encomiums from General
Duryee, Police Commissioner, who was present
during the drUl. He compimented the brigade
remarkable proficiency OF ITS members in acquiring
that exactness and promptness OF movement so
important to the satisfactory coworking OF an
organized body OF men for efficient attack or de-
fence.
THE DRILL TO-DAY.
To-day there Will be another dril at which all
the captains will attend as yesterday and the two
sergeants from each precinct who were not present
every ofrlcer present at yesterdays drill appeared
to take proper pride not only IN presenting neat
and oficerilke appearance IN dress and bearing,
but in giving ready attention TO the In
struetOns TdTTs and commands New YORK pays
Police Department. The superintendent expressed
the pubic sentiment when he says that any offcer
evlncing q disposition 10 neglect his duty is unfit
for Ms pace and he is right in announcing that ne
VIII expect the iu cooperation OF every indl-
vldual IN the lorce with his,endeavors TO advance
~ TO that high state Of drill and efficiency which
Tue pupnc nave right 10 expSy
The New York herald., 1873-09-30
BROOKLYN'S FIFTH BRIGADE.
Field Day at Prospect Park Parade
Grounds.

The Fifth brigade, Second division, Of the National
pride Of circumstance admissible upon such state
occasions the annual Field Day, in these piping
times Of peace" Early in the morning the
"boys in blue" and other shades OF uniform as
sembed at their respective armores with
brightly polished equipments and arms and fell into
line with all the vim OF veterans. when the drum
corps and fife major sounded the notes or COM
mand Tor that movement BY ten O'Clock
there were to be seen marching, In fair order the
Thirteenth regiment, the Fourteenth (of war rec
ord), the Twenty-eignth, the Fifteenth battalion
each organization vending its way by divers routes
toIthe parade ground Up went the windows as the
and out peered br1ght-eyed and cheery-faced
women and children while none were too busy to
throw an approving glance upon the goodly
bearing Of the citizen soldiery If
imputation OF invidous distinction in according
praise or criticism to any one particular command,
the palm would be awarded the Fourteenth regi-
ment who, In their blue uniforms and red facings,
marching with commendabe precision and ON
cered by many one-arned veterans OF the war for
the Unlon deservedly engrossed the highest share
OF popular admiration. ON reaching the
rendezvous, Prospect Park Parade Ground
"a rest' was enjoyed, after which the
boys were exercised in she evoutions OF the
school OF the company and battalion drill. This
lasted until noon, when dinner was partaken Of
with a relish There were several hundred spec
tators the ground in the forenoon, but the num-
Der was augmented by hundreds as the day wore
the Filth brigade, under General Thomas - Dak-
ing, who was assisted by a dashing stan. was
drilled and reviewed. The dress parade was par
ticulary hne and much credit is due the men for
an example worthy OF emulation by the Eleventh,
OF New York.
The New York herald., 1873-09-30
COURT CALENpARs-IHIS DAY.

MARINE CoURT-Part Held by Judge Curtis
Nos 2954 2o57 26sl 27so, 2667 1884, 317 3l1s 2s7s,
29S0, 1882, 1854, $685. 299o 1892
COURT OF GENERAL SESslONs-Held by Judge
Sutherand.-The People vs.. George Mott and
George Jones, burglary; Same vs. John Hubbs bur-
glary; Same vs.. William Dillman, Thomas Walsh
and Andrew Flash, burglary: same vs. James Bren-
nan, John Benson and John Sutton, robbery; Same
vs. James Smith, Ieonlous assault and battery
Same VS.. Michael Haggerty, felOniOus assault and
battery; Same vs. Albert Miller, leloni0us assault
and BAT terry; Same vs.. Jane McGlnniss, fei0nious
assault and battery; Same VS.. kosanna Dowdell,
grand larceny: Same vs.. Mary NJ. Hickey aud Louisa
DOran, grand larceny; Same vs.. Max Baker, grand
larceny; Same VS.. Mary Ellen Smith, grand lar
ceny; Same vs. Joseph Rowland Osborne. Syivanus
T. Shepard Patrick j. Wallace, Thomas w. Wallace,
liam Hamilton, concealed weapons; Same vs.. John
OTooie, concealed weapon.
The New York herald., 1873-09-30

IN the United States District Court suit was
commenced yesterday by the fling OF q capas
against william Lattimer, Robert W. Nesbitt and
Jerome S. Hill, to recover $2,l93 As in gold. for
alleged violation of the sixty-sixth section OF the
act OF March O. 1897.
Several days since, as will be remembered Judge
Fancher, In supreme Court, Chambers, granted a
peremptOry mandamus directing the Comptroller
10 pay $4,000 each to Messrs. William @. Trap
hagen John McClave and william Seaver, their fees
as commissioners of the Boulevard opening. Yes
terday, on application Of Assistant Corporation
Counsel Andrews, the Judge granted o stay pend
ing appeal to the General Term for october, on
condition that the city give short notice Of argu
ment.
In the Court OF Oyer and Termner yesterday
Judge Brady sentenced John McCabe, convicted of
manslaughter in the fourth degree for killing his
wife, to the Penitentary for one year. son OF
McCabe, jointly indicted for the same offence, was
acquitted. william Larkin pleaded guilty of man.
slaughter in the fourth degree. Sentence was
deferred till this morning. when the trial OF Peter
McKenna will begin.
AS will be seen by the report below the Comp
troller has his hands full Of mandamus cases. 1t is
evident that he has awaiting him a lively time in
the Courts for a considerable period 20 come.
The New York herald., 1873-09-30
MARINE C0URT--PART |.
Suit In . Rcplevfn Case.


Howe vs. Tallman.-This action was brought to
recover possession OF a horse, wagon and harness,
together with other trappings, OF the alleged value
OF $1,000. II Is contended on the part OF the plain
TIL that at the time stated in the complaint he
borrowed $1,000 from defendant, with the under
standing that upon the return to him (the defen-
danp OF the said loan, together with the interest
agreed on, the said property was to be returned
TO plalntns possession. Defendant set up that
the transaction was in the nature OF an absolute
sale, and that the Dill OF sale which was given was
TO be treated as an absolute conveyance and not
In the nature OF security mortgage. 1t appeared
In the proof that the bill of sale was ed under the
provisions OF the statute regulating the Ming Of
such papers considered the nature OF security
only. The Court instructed the jury that the bill OF
sale, being writteninsirunent under seal carried
with 1t a p7rDd fdcie presumption OF its bona ades
although it was within the power OF the painff
II the proof existed, TO show that 1t not To be
treated absolute, but simply in the nature OF
mortgage or security; that 10 was not necessary TO
file an absolute bill OF sale, an actual transfer OF
the possession and title OF the property, In order
to make the transaction valid but wnere an in
strument was to be treated In Its operation, or by
its teens, as In the nature OF mortgage or security
the law contemplated that II should be filed within
The time specified by the statute. In order TO give
The New York herald., 1873-09-30

to that eject. The Justices win now be required 70
certify the fine has been paid before they can ask
to have a prisoner released The fines received
from prisoners by the Sherin during the month OF
september amount to about $500. This new order
will swell the citv revenue somewhat, 1T Is antlc-
pated. for the future.
FUREY'S FUND FINISHED.
Ex-Street Commissioner Furey during his official
term was designated by law to receive moneys paid
for redemption OF property sold lor taxes the old
city OF Williamsburg. Yesterday he addressed the
subjoned note TO the City Treasurer, turning over
the balance on hand:-
ANDREW CUNNINGHAM, ESQ, City Treasurer
DEAR SIR-having notified and given bonds the late
City Treasurer for money held Dy Inc known redemp-
ton money, paid into the late street Department. said
be returned to owners claimants have
cluded to give more bonds but to hand
you the balance OF money remaining In my hands
amounting 81 4O0 which you can pay 70 claimants &c
am, yours, hobEhT FUhEY.
The New York herald., 1873-09-30
BUSINESS IN THE OTHER COURTS.
SUPREME COURT CHAMBERS.
The Adams Express Company Litiga.
ton.
Before Judge Fancher.

ton.
Before Judge Fancher
The story OF the litigation in which the Adams
Express Company has been involved Tor some
time past, growing out OF difficulties In settling
afiatrs between the old and new company, origi-
mating in compile Xities occasioned by the war OF
the rebellion. has already been published at length
in the HERALD. 1t is charged by some OF the
stockholders that the trustees had not properly
counted for the stock Of the Southern Express
Company. The latest phase in the case Is motion
made In this court yesterday by Mr.. Mcfarland, ON
behalf Of stockholders OF the original Adams Ex-
press Company TO set aside decree given by
ss of in Ma @ Ss BY
sssamsSs: sss %ss ps:$srs e.5S
eel claimed that the decree is nullity, as
the stockholders were not represented before the
eeree. and the attorneys who acted Tor them
were attorneys Tor the trustees Mr.. Burrlll inter-
posed objections 10 the notion: irst that only
Mr. Sandford had received notice Of 1t, and second
that all the parties interested the other side had
not been notified OF the proceedings Judge
Fancher, after hearing lengthy argument in the
case, took the papers, reserving his decision.
Charles Moore, the Alleged Emigrant
Swindler.
The case of Charles Moore. convicted before Re-
corder Hackett for emlgrant swindhng came nm
yesterday morning on q writ OF haoeas corpus,
sued out by Mr.. william r. Howe his counsel BY
reason OF the reversal Of Moores conviction by the
Court of Appeals an order was entered dlscharging
him from the state Prison, and he was remanded
to the custody OF the Warden OF the City Prison TO
await the iurther action OF the prosecuting
Authoritlea
Decisions
BY Judge Ingraham.
Florence w. de J. Lopez VS.. Manuel de J. Lopez
Report confirmed and divorce granted.
holmes W.. Pettengil ct aL-Memoranda for
counsel.
White vs.. white.-Reierred back for further
proof, DC
Fry VS.. Fry.-Motion denied, with leave to re-
new: $40 costs to defendant
BY Judge Pratt.
Devoe vs.. Nutter.-Motion granted and iDjunc-
fion contlpUed.
The New York herald., 1873-09-30
SUPERIOR CoURT-sPsClAl TERM.
DccistOns.
nu vuflna Gnrtto

BY Judge Curtis.
Beach VS.. O'Brien.-Case settled.
The New York Lead Company VS.. Keys Motion
granted, proceedings on judgment to be stayed
five days; motion costs $40.
Underwood vs.. Green.-MotiOn to set aside pro-
ceedngs and Tor leave to come and defend denied !;
motion costs $40 see opinion.
Barnum VS.. Purseils.-Plaintin's motion for an
Injunction Denied with $40 costs OF motion to de-
fendant.
Mehesy VS.. Kohn.-The existing order restrain
ING and enjoining the defendant Is continued until
December 23 1873 motion costs $40, to abide event
vi suit.
Schmidt VS.. Observation-Disclosures allowed to
answer and defend on payment Of plaintifrs COSTS
OF opposing motion, Judgment, &c. Subsequent
proceedings hereunder to stand as security.
Fink VS.. Alen.-Case ordered on file.
Guttapercha Rubber Manufacturing Company
VS.. Torrey.-Motion Tor reference granted.
Mott VS.. Smitten.-MOtion to vacate attachment
granted. Motion costs ($l0l to abide event OF suit.
BY Judge Sedgwick.
Amory Vs. Amory.-Case and exceptions ordered
on file.
Same We. Same,-Same.
The New York herald., 1873-09-30
BROOKLYN COURTS
SUPRE NE C0unT-SPeClAL TERM.
Nice Points I'm Law.
RpfOre Judre Pratt.

Be1Ore Judge Pratt
Mary O'Malley was defeated in q suit, the oppos-
ing counsel in which was one Romer, who, being
unable to obtain his costs got an attachment
against her person. Sne has now brought a suit
against him for alleged false imprisonment, and
there are TWO nice points in the case TO be decided
one as to the right Of arrest OF married woman
in an execution against her body for costs, when
she brings an action for slander, being wllfu in
jury to her character, under section 179 OF the
Code and the other as to the effect OF order in
releasing a woman from arrest in such action
where an agreement Is made In the order that she
shall not commence an action for false imprison-
ment on such action.
The New York herald., 1873-09-30
YORKVILlE POLICE COURT.
Alleged Highway. X Robbery

AIeEeU H1khWHy. .NObbcrys
On Sunday night as Mr.. William Nixon, OF No.
$40 First avenue. was standing on the sidewalk in
front OF his residence, John Leslie. Of No. 591 Third
avenue, approached anG asked him Tor a match.
Without waiting for an answer, Leslie, it Is
alleged, snatched NixOn's watch and ran of with
it, The police arrested another young man, who
was, however, discharged on being taken before
Captain Alare, OF the Twenty first precinct, and
Leslie, who was subsequently arrested, was com
mitted for trial in deiaut OF 500 bail to answer.
The New York herald., 1873-09-30
FIRE IN TRENTON.

At half-past two O'Clock yesterday morning fire
broke out in the woollen and stocking factory Of
william H. Seack situated in Federal street. Tren.
ton, and close to the state Prison. which caused a
damage Of $4,000. The building and stock are
insured for $4,000 and the machinery for $4,000.
The factory gave employment to sixty women and
girls inside and ninety outside. All OF these people
will now sufer more or less in consequence OF the
re. II is supposed to be the work OF an ncendiary.
The Fire Departments were On napd and rendered
valuable servlccA
The New York herald., 1873-09-30
COURT Of SESSIONS.
Burglary In johnson Street.

Burgl lary In johnson street.
Before Judge Moore
Martin Everson, muscular darky, was tried
yesterday for having burglariously entered the
apartments of Mrs. QUINN in tenement house
in the lower part OF Johnson street, on the morn
ing OI the 9th inst razor and knife were lound
in his possession. He was committed and SEN
fenced to the Penitentary Tor four years and
eleven months.
Minor ConvictiOns-Acquitta
James Murray was convicted Of assauting little
girl named Edna Lockwood and remanded for sen.
tence.
Patrick Wbaen, for stealing 81. was sent to the
Penitentiary for sixty days.
John T.. Morrisn, charged with embeZzling $40
from MS employer, Mr.. King, of Fulton street, was
acquitted.
James L. Jones, charged with carrying concealed
weapons, was also acquitted.
The New York herald., 1873-09-30
COURT or OYER AND TERnlNER.

The Killing or Mrs. McCabe--sad Story
OF Drunkenness and Crfme-The Son
Acquitted and Father Found Guilty OF
MansIaughter i'm the Fourth Degree
The Case OF william Larkin.
The Court OF Oyer and Termfner met yesterday
morning, pursuant to adjournment, Judge Brady
on the bench. a. usual there was large crowd
The New York herald., 1873-09-30
COURT Of COMMON PLeAs-cRAMseRs.
Decisions

BY Judge J. +. DAILY.
Edward Lennon vs. James Dunseth.-Motion de-
MED. See opinion.
Joseph Doll VS.. Anna Doll.-Counsel fee reduced
and report confirmed. See opinion.
Marie Gesler VS.. Otto Gesler.-Reference in
divorce.
BY Judge Robinson.
Dooper vs. Noelke.-See opinion, with MI. Miner,
Clerk OF Equity.
Darra W. Evans VS.. Darra Dows.-Order filed.
In the matter OF the Petition OF Charles - Weih-
ler ct al.-0rder signed and ned.
The New York herald., 1873-09-30
CITY C0UaT-SPeCIAL TERM.
The Divorce Business.
Dofnra InAro NniIcnn

n German, bearing the euphonious name Of
Jacob Fackenbocheer, appeals to the Court for an
absolute divorce from his wife Barbara. The
courtship OF Jacob and Barbara was brief One
aud some three months alter marriage Barbara
presented Jacob with bouncing boy, the paternity
OF which Jacob most emphatlcaly denied. Hence
this suit. The case was referred
The New York herald., 1873-09-30
Decisions.

BY Judge Joachimsen.
Muritz Sommers VS.. Leopold Wetss.-Bail re.
duced to $50; costs to abide event; defendant to
consent to try the cause Part s. october s, 1873
and take an order to That effect.
Abraham Lazarus vs. Joseph Kalpin.-Plaintin
must serve complaint and pay 81 costs OF this mo-
ton In three days.
Moller ct al VS. Lederer ct al-The default Ia
opened; costs to abide the event. defendants must
consent to new jury trial or reier.'
The New York herald., 1873-09-30
victiOns-Acquittals.
COMMISSION or APPEALS CALENDAR.

ALBANY, Sept. %, 1873.
The following Is the Commission OF Appeals
Calendar ior september 3O:-Nos 1874, 1876, la, 1866
1877, l25, IFS, 119.
The New York herald., 1873-09-30
COURT Or APPEALS CALENDAR.

ALBANY, Sept. %. 1873
The following is the Court of Appeals day
calendar for September 80 Nos. Is, 26, 27, 81, 3S
50, 36 81.
The New York herald., 1873-09-30
BROOKLYN FRAUDS.

The City Fathers Looking After the Interest Of
the Municipality-Th Interest on City Bank
Deposin-comptroller Schroeder Wants
Fire Commissioner Mclaughlin to Pay
Over Ss,000-Bedford Avenue
Improvement Job-Concerning
$1,000 Interest-The At
lantic Avenue Re-
paving Operation.
The New York herald., 1873-09-30
T He COU r T S.
MANDAMUSING THE COMPTROLLER.
The Mandamus Business Growing Livelfer
Than Ever-An Extended Litigious
Chapter Briefly Epitomized.


The Old Adams Express Company Difficulty
An Emigrant Swindler Building Air
Castles Homicide Gases in the
Court Of Oyer and Termi-
ner-Busy Day in the
General Sessions.
The New York herald., 1873-09-30
MARINE COuRT-CHAMBERS.

the world notice OF the change OF title. The Jury
disagreed and were discharged.
The New York herald., 1873-09-30

several matters of interest concerning the city
funds, and looking to the recovery by the city OF
money alleged to be held by certain parties, came
up at the meeting OF the Board Of Aldermen yes
terdaY afternoon.
Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-07-06

of the night of the Fourth, here, OF
course When we say that when the
continuous procession which streanled
tlitberward until midnight bad pretty
mucb got located inside the Curry lanef
n,cle there were enough ladies ana
gentlemen there 70 c!everly occupy that
immense floor and make it appear as II
the GREAT room WAS costly filled. when
we say that. a faint idea of the magnitude
of the Gathering can be conceived OF.
Nv all odds it was the broaiest, longest,
stsepest and biycest-round OF any bail
thai was ever held in Carson or any,
where else in the Great American BASIN
-rn,ess it might have been :. Norman
dance, in goaly way, IN the Great laner,
nacle at Salt Lake City. The hall looked
spendidly and was lighted up IN very
brilliant style. Mr.. Sorenson,s store
of chromos adorned the walls ana
made IA very handsome showing. Inc
GRAND music stand was Il square
arrangement, big as common
bonse erected in the middle of
the floor and draped with flags. The
musi,. was very fine. There has never
been such general gathering OF all the
better classes Ol oui pOcPiS 80
convened. Mr.. Ra!ston and his ieiio"
excursionists were there to represent
grand cash and broad guage capital, and
the most humble and unpretentlons EN-
ployes of the railroad of which he Is IL
principal ewner were also there; and the
while the Governor and other State OH
GERS gave dignity and tone to the affair,
the sovereisns did not fail to shake
fut wild Fanny there This ball was
something more than. a mere dance; II
was Congress of dancers. Hereafter
let no seven by nine fandango set itself
up for a Grand Ball" Our friends OF
the Fountain Restaurant had big
spread in the moulder's shop. These
tables seated $50 persons. There
seemed to be rations in abund-
ance for an army--all. tthe ratlons,
we mean) gotten up in the BEST
stvle of the culinary art. lheSe
participants happy and untramelled Tor
want of space and time took an all
night gait ami kept it up until the gray
tints of dawn began to put out
the stars. The blackguard who
threw fire cracker in through
a window on the sonth side and like to
have exploded the honest head OF our
friend Newman, got away before he
could be apprehended or Curry would
have cured him of all such cusedness:
and the false alarm of fire, about IL
O'Clock, failed to create the stampede II
was possibly intended for. The ball. 1t
is needless to add, was grand and gra-
tifying success.