davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
THE NIxON.PHYFER TRAGEDY.

The Chatham Square Homie ide-Nl lie ae1
Nixon ON Trial for the Alleged Murder
Of Charles Phyfer-The Crime and the
Defence-Nine Jurymcn Obtained.
Slowly but surely the indicted murderers filling
at present so large portion Of the City Prison are
being brought to the bar OF justice. Judge Brady,
in the Court OF Oyer and Terminer, who, three
months since, entered SO vigorously upon the work
OF clearing our criminal calendar, shows no relax
alton in his energy; but. on the contrary. gives
most pleasing conflrMatory proof Of fulfilling the
promise he made at the outset to continue the ses
sion Of the Oyer and Terminer till this End was
accomplished, II 1t took oil Summer. Last in the
list brought up for trial is Michael Nixon, charged
with the murder Of Charles Phyfer. The clrcum-
stances or
rom the peculiar character OF It's surround.
ings, Is still fresh In the public rccollec.
ton. Shortly before six O'Clock on the evening OF
time, Charles Phyfer, who was a cartman, was rid
Ing his horse across the head Of Chatham square In
whetree across U sbe herse neck xas the same
time Nixon who was bilposter, was driving a
wagon 10 the direction Of Division street. PHI fer
to him to get out Of his way, which, not being
piomptly complied with, he drew pistol and shot
forwards expired, while Nixon ieaped from his
wagon and ran away. The statement Of Nixon on
hts +, arrest IRE was that Phyier struck at him FIRST
ana that the shooting was In selfdcfence. The
yesterday In the Court OF Oyer ana Terminer wit
roon many, Of course drawn there by curiosity
TO see the alleged murderer. The appea rance OF
Nixon must have been disappointment to many.
Instead OF burv, brutal-l0okfng rutlan, with VII
any indebly stamped upon every lineament OF
his countenance, he IL q man considerably undcr
bfows and dark sinister eyes peering nom under.
meath them, OF rather prepoesessing appearance.
ue aaa his littie GirL about six ycars old with
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
UNITED STATES SUPREME COURT.
Important Decisions Rendered-DIrs.
Gaines Again phant-Thc Rights
OF Express Carriers, &c.

Important Decisions Rendered-SIrs.
Gaines Again Triumphant Rights
OF Express Carriers, &c.
WASHINGTON, March 81, 1879
The following opinions were delivered by the
Supreme Court to-day
In the case Of the city of New Orleans vs.. Myra
Clarke Gaines No. l53, from the Circuit Court OF
bousiana-1he appeal sought to reverse decree
of the Court below In favor OF Mrs. Gaines for
s125 900 as rents and profits OF lands belonging to
her, which had been In the possession and use or
the city. Mrs. Gaines brought her action to re-
cover possession, under the former decision OF this
Court In her favor, on the general question Of her
rights The report OF the Master, to whom the
was referred, was In her favor, and the Court
Court erect the afirmance Of the decree, disaow-
ing the exceptions thereto. Mr. Justice Hunt dc.
uyered the opinion.
No. los. Barrett vs. Barney, ct al-This Ia the
action brought BY Barrett TO recover OF Wells,
Fargo Co.'s Express Company the damages al
their oflioe in San Francisco Is located by the ex
pl0sion OF nitro glycerine. which caused so much
CONSERVATION few years ago. The question was
having in their possession the fatal box, and con-
sequently for. the damages done by the explosion
occupied by them. The decision below was 10 their
favor and 1t Is here affirmed. The Court says
that II express carriers are chargabIe with
notice OF the contents OF packages car
ried by them, they must have the right.
TO refuse to receive packages unless their
require them, in that case to accept as conclusive
in every instance the information given by tho
owner. They must be at liberty. whenever In
doubt, to exact the right ofinspecton OF the con-
tents as q condition Of carriage. But the doctrine
which would lead to such o course OF business
would cause great Inconvenience and seldom ac-
c0mplish any good. Fortunately the law Is not SO
unreasonable and does not enforce such doctrine,
and The conclusion Is that the carrier is not charg
able with notice or the contents OF packages, and
should not be held liable for an act done without
his fault. Mr.. Justice Field delivered the opinion.
No. 1903. State OF South Carolina ex rel.-wagner
vs. tho Treasurer OF Charleston county.-Thc
question in this case was whether the tax officer
was bound to accept bills OF the Bank OF South
Carolina in payment OF taxes the allegation being
that by its charter the bills Of the bank TO be
receivable for all dues to the State. The County
Treasurer answered that the bills were Issued in
1861 and were In aid Of the rebellion, and were,
therefore, not legal tender; and, secondly, that
the clause OF the charter under which payment
was rendered had been repealed The arst cues.
but,the Court held that the clause requiring the
state to receive the bills for taxes was sqbsc-
quenty repealed. The ruling is sustained here,
and the Judgment is affirmed. Mr. Justice Hunt de-
livered the opinion.
inc Supreme Court read opinions until nearly
Ave O'Clock and will conclude tomorrow.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
THE XIRwAN HOMICIDE CASE POSTPONED
Kfrwan Released on Bail.

owing to the absence OF important witnesses the
case OF Catharlne Kirwan, late Of 81 Washington
street, whose DEATH 1t Is alleged was FASTENED by
violence OF the hands of her husband, Patrick Kir.
wan. ala not come OF yesterday before Coroner
keenan,. as was expected. The prisoner, who bears
a fair reputation, had many friends, who followed
him to the City Hall, most Of whom believed in his
innocence. Coroner keenan,, not recognizing the
case rs one OF murder consented to Kirwan's re-
lease on ball In the sum of $1,000 to appear on
Wednesday, that beng the day to which the inves.
tigation was adjourned. Mr.. John Mccormick, OF
1926 Front street, became b0ndsman for the pris.
oner Catlarine Barnett is still detained as Wit.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
MARINE cppRI.
Action for Conversion.

Before Judge Curtis.
L. Tennis vs. John Matthews OF als.-This action
was brought for the conversion Of a certain soda
apparatus valued at 81, 1000. 1t appeared that the
defendants had been manufacturing soda apparatus
for fcrtyone years; that they contracted with one
G. w. Fenner to furnish him (Fenner) with the ap-
paratus on such agreeing to take Fenner's old ap
paratus in part payment OF the money. 1t was
contended on the part OF the plaintiff that before
the contract was consummated Ferren made q bill
OF sale OF all his right, title and interest to his
property In the store occupied by him, which IN
Guided the old soda apparatus In question. and
that the TACT OF said transfer was communicated
to the defendants, who agreed to accept the
plaintiff in lieu OF said Fenner as party
to the contract and carry out its original
provisions with her. On tbs part OF the
defendants this was Denied they cOntending
that the sale was fraud, that no consideration
ever passed and that they had right to take the
new apparatus from the premises, owing to the
failure OF the contract on the part Of Fenper. 1t
appeared in evidence that the defendants took
away the apparatus without any process OF law,
such as writ of repeyin. The Court instructed the
Jury that there were two Questions-One Of title
aud one Of damage; that before the plaintiff could
recover she must establish afflrmavely that there
was valid consideration for the conveyance from
Fenner to herself, ahd show also the value OF the
property converted as q measure OF damage; that
the defendants had no legal right. violently and
with no process OF law to enter upon the premises
and take away the property. Verdict for the plain.
tit In $1,000
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
JEFFERSON MARKET POLICE COURT.
RurGlQry,

In the Jefferson Market Police Court yesterday,
before Justice Ledwith, william Johnson. OF 1853
Thompson street, was committed In default OF
81 900 bail. on charge OF breaking into the gro
Gerry store III Spring street on Sunday night and
stealing property valued at SOL 40.
Grand Larceny.
Arespectable appearing young gentleman, named
Domnck Killoran, Of 40 West Twenty-seventh
street, was arraigned before Justice Ledwith
charged with stealing coat valued at $40, from
an ante-ro0m in the st. James Theatre. He Is the
same person who was accused recently of attempt.
ing to prevail on the messenger or the Park Bank
to rob that institution and was acquitted at the
General Sessions. He was held to bail in the sum
Of $500 to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
COURT Of GENERAL SESSIONS.
Burglars and Thieves Sent to the State
Prison and Penitentiary.

Before Judge Sutherland.
Yesterday John O'Brien pleaded guilty to an in
dictment charging him with stealing gold watch
valued at $45 from John wichman, on the 10th OF
March. He was sent to the State Prison for five
years.
John Shea, who was jointly indicted with John
Work. pleaded guilty to attempt at petty arcency
from the person. the allegation being that on the
10Th of March they stole twenty cents IN currency
The prisoner was sent to the State Prison for two
years and six months.
Daniel Kelly and John Devinc, indicted for burg.
lariously entering the premises of Anthony W.
Miller, ABS West Thirty street, on the 17th Of
March, and stealing SO worth OF cigars, pleaded
James O'Neill and Parker Jones pleaded guilty to
We're charged with entering The apartments "e Of
Timothy Whalen, GOT Greenwich street, on the 21st
OF January, and stealing clothing valued at s4s.
Kelly, Devine O'Neill and Jones were each sent
to the State Prison for two years.
Thomas Crawford, was charged with cutting
Patrick Drscol In the foot with knife on the 10Th
Frederick Muller pleaded guilty to petty larceny.
the charge being that en- the 10th Of March he stole
$50 worth OF clothing from Medard Snow.
These prisoners were each sent to the Peni.en.
tary for six months.
joan bomnah pleaded guilty to assault and bat.
the 18th OF March he cut John M mitchell in the back
with knife The sentence was imprisonment In
the penltentlary for ten months, o,
pleaded guilty to petty larceny. They were charged
with breaking into the liquor store OF Richard Boy.
Ian, sos Fret avenue, and stealing brandy and
cigars worth $25. The prisoners were sent to the
PeDitentfary for one month.
George N. Reese, against whom were i've
charges, pleaded guilty to an Indictment charging
him with obtaining, on the 18th OF December, six
dozen OF knives IRON Keller Ling, upon forged
order purporting to have been drawn by New
burger Schloss. He was remanded for SEN
tence.
Jacob Smith, youth, was tried and convicted OF
an assault with q dangerous weapon. James Sui
Ivan, the complainant testified that while he was
riding on an East Broadway car the prisoner
jumped on the rear platform and stabbed MIN I'M
der the arm. II was evident from the testimony
OF the Witnesses that Smith and his friends were
followed by crowd Of boys VINO pelted stones and
ice OF them, and that the accused, surprising Sul
van to be one OF them, used the knife The ev.
dence was somewhat conflicting, but the jury ar
rived at q Just conclusion in finding Smith guilty.
SO the Judge said, who sent him 10 the state Prison
for three years.
James McUarty pleaded guilty to petty larceny
from the person, in stealing, on the 18TH OF Feb
ruary, q pocketbook, containing SO, from William
Besser. He was sent to the State Prison for two
years.
An AcGuitta1.
julius Schmidt, who was charged with stealing
gold watch and cham, worth $780, on the Sd OF
March, from the apartments OF Mathew J. 0'Brien
1853 Bowery, was acquitted, the proof against him
being slightly circumstanttaL
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
SUPERIOR C0uHT-spEclAL Tea1


DecfsfOnss
BY Judge Van Worst.
Bishop W. GENERALIZATION denied; see opinion.
Ryan VS.. New York Mutual Life Insurance Com
pany.-Order granted.
simmons vs.. Lyons.-Order to file case as settled
Smith VS. The Exchange Fire Insurance Com
pany.-Order for extra allowance Of $50.
Batcheder vs.. Daiey.-Order that commission
issue.
Grant vs.. Tayl0r.-Crder Of reference.
Patterson vs.. Stettoner.-Same.
Schmidt vs. Costa ct al.--Order opening default
and for q reference.
BY Judge SedgwiCk.
Bailey vs.. Observation-Disclosures settled.
GilrOy ct al. VS.. COburn et Alan order OF refer
ence that James G. C0burn and Gerlina Coburn ac-
count for the proceeds OF the houses should oe en-
tered.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
statements, the wncIe or sufnclent length to make
more than page Of the HERALD.
THE OTHER SIDE.

statements, the wnoIe or sufnclent length to make
more than page Of the HERALD.
Az vouminous aiidavts were submitted on be-
half OF the company and It's President, Mr. Stanton.
in every sense Of the word that its assets at their
present cash value exceed by over 81 600 900 all Its
In ana M All aas tSsy
liabilities, taking the valuation put upon those la
bilites by tho Insurance Department Of this state
anu rein saS Of at its Outstanding risks
on terms which would leave it surplus Of
me 81 ios ,Sas ns
pretencc OF the plaintiffs that the cash items men-
toned In the complaint wore included as assets
Ia entirely false and without shadow OF f0unda-
ton, these items alone amounting to $685.. 1852;
and those OF Charles stanton and J. N. Tappen.
loans referred to In the complaint. claim the value
ofeyery piece CT property mentioned to De lar Ia
excess Of the amount loaned thereon ana IN most ,
davits are supported by separate amdavits as 10
each piece OF property from persons said TO be spe
tracts These affidavits, 1t is claimed, dispose OF
$l23 900 more OF the alleged deficiency. me certn
cate Of the superinend OF Insurance shows that
the computation OF the net valuo Of policies made
in the statement OF December 81 1871. did include
al the dvidends or ADDITIONS on Pocies snen out "
the afidavits or the secretary and actuary OF the
company, and enectualy, It is averred, dispose Of
company,s liabilities by $3.50 1853 %. In short these
opposing anidavits deny natly the alleged terms
contained in the afildavtS on the other side.
ARGUMEST on THE MOTION.
The argument, as might naturally be expected
from the array OF opposing counsel, was zeaousy
energetic on both sides: MI. Field objected to
appointment would at once depreciate the stock
OF the company twenty-five per cent. He insisted
that the domestic forum" should be first ex-
bausted. Their course should have been
to go to the superintendent OF Insnr
Gnce Companies and make known to him
their charges. Upon the principles of equity
the present Court be insisted, could no. Interfere.
lie cited, authority for this point, that the Lord
Chancellor OF England would not interfere In OK
ford matters, because they had visitor whose
province 1t was 20 adjust disputes. The other
proper, as well as based on the most justilable
grounds.
Alter hearing the argument Judge Fancher told
the counsel to hand up their papers and he would
examine into the case and give decision at the
earliest day possible
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
BUSINESS IN THE OTHER COURTS.
SUPREME COuaT-spEclAL TERM.
Dccistons.

by Judge Van Brunt.
Barry vs.. Equitable Life Assurance Company
Observation-Disclosures for plaintiff, with costs.
See opinion.
Norman VS.. Garvey-Findngs eettled.
Hay VS.. WMte.-Judgment for plaintiff. See
opinion.
Gearty vs. The Mayor, &c.-Demurrer overruled.
Farsln va. acknowledgements dismissed. with
COSTS See opinion.
Musmon VS.. Dlack.-Judgment for plaintiff, with
out costs.
BY Judge Harden.
Home Insurance Company vs.. watson. -Demur-
rer overruled. See opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
COURT CALeNSAaS-Tnls DAY.

COURT OF ArPEALs.-Nos. 8, ., 10, A, 1Ik, IL, S,
50.
SUPREME CoURr-CHAMBERs-Hel by Judge
Fancher.-Nos. 49, 1877, Ill, Eat, 1885, 26S, 209 2I3
PTS, 282, 283, 2S7. 294, 295, 298.
COURT or COMMON PLEAs-TRIAL TERM-Part
Held by Judge c. p. Daly.-Nos. 141l, 1903, zoos
1884 29? 1915 1928, 1892 1903 zoos, 1884, 740 1882
GA, CAS-
MARINE CoURr-TRIAL TERM-Part Held by
Judge Gross.-,Adjourned for the term. Part g
Held by Judge Curtis-Nos. 1885, 1857, 1912 1897
174o, 1879. Part 3-Held BY Judge Rowland. -Ad.
journed for the term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
SUPREME COURT-CaAnsERS.

Decisions.
BY Judge Fancher.
Henry vs. Henry.-Report confirmed and judg-
meut OF decree granted, with costs.
Reserve Mutual Life Insurance Company vs..
Beardsley ct al.-Temporary Injunction IS vacated
and the motion to continue 1t In force 10 denied,
with $40 costs.
In the matter OF the application OF Wilmer for
leave to Decentralization granted.
In the matter of the application Of the Rector,
Warden and vestrymen Of the Protestant Episco-
pal church,-Same.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
THE DARIEN ISTHMUS.
Progress and Work Of tho United States
Survey and Exploring Expedition.
The War Ship TuStarOra at Chiri-Chiri When
About to Sail for Panama.

Typographical Report Of the sc:entists-Recon-
noissance on Native Trail and What Came
Of 1.-THE Table Land, Dividing Ridge
and Atlantic Slope-cobras and Steer
ing Balsa-Hydrographic Results
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
roMBs POLICE COURT.

to Obtain Goods Under False
Pretences-Judge Dowling as Media
tor-Colored Man and Celt Shake
Hands and smoke the Pipe Of Peace.
YESTERDAY morning young man. rell dressed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
COURT Of COMMON plEAs-speclAL Term.


BY Judge J. +. DAILY.
SCHNEIDER vs. Greer ct al.-Motion denied, with.
out prejudice to renewal. See opinion.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1873-03-29
sances, and furnishing the keepers Of
such places by imprisonment.
ARIZONA.
r.sther Murder. hy the Apaehes.

Flasher MsrAsrs ~ the Apaehes.
Los ANGELES, March 28.-From the
Arizona Mner: We have full particulars
of the murder by the Indians of Swain
and Mcdonald. On Tuesday Swain
left home for the purpose of taking wa
ter and provisions to the men in his EN-.
bloy in the vicinity of Niger wells.
On his return, as shown by the battle
ground, he was overtaken by 800 OF
400 Indians coming from the eastward
and supposed to be going on some Res
ervation-perhaps Date creek. The In
dams attacked and killed him and his
companion Mcdonald. When found,
their bodies were stripped of clothing
and their weapons and horse and
mule belonging to them taken away.
Swain was shot with seven arrows, three
of which was still in his body; his skull
literally smashed in with stones and the
body horribly mutilated. The body of
Mcdonald vas found partially covered
tip with sand and five or six arrows in
his breast, with his head also smashed
in. The arrows showed that the MUIR
derers were Apaches. Last weeka par
ty of troops, in searching for Apaches,
came upon band; six were killed and
four captured.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1873-03-29
Sherifs Sale.

NOTICE is hereby given that by virtue aud
~ authority OftwO several ex ecutiOns issued
BY the Clerk Of the District Court Of the I'd
judicial District Of Washington Territory,
holding terms at Olympia. dated March 10th,
1873. to me directed and delivered. have
levied upon. seized and taken into execution,
the following described property; to wit.
All the right; title and interest Of CORTLAND
blocks Nos. 81 and SO. Of the Town of Olym-
pia. in ThurstOn Co., w. T.. together with the
saw-mill thereon erected. with all the ma
chinery: engines. boilers. belts. pipes and
connections of said engine. together with one
planning machine. and all belts thereto All
OF which property will proceed to sell at
Court House. OF said County of ThurstOn, ii,
the Town of Olympia, on
The 2lst Day Of April 1879,
At II o'clock. A. M. to the highest bidder, for
cash lin u. =. gold cOin.) The above prop
erty was seized as the property Of c. Eth
ridge 4 A. j. Miller. TO satisfy two judg-
ments belonging. to TT Mckinney. and
against the said Ethridge 4 Miller. for the
sum Of $o72.92 and costs, interests and in.
creased costs.
WILLIAM BILLINGS,
Sheriff of Thurston Co., w. T.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1873-03-29
CALIFORNIA.
Burned Alive by India n ..

Burncd Alive by Indians.
SAN DIEGO, March 22.-The following
from o special correspondent at Ehren-
burg, Arizona, March 18th. has been
received: "The Indians captured and
burned alive Mr.. George Taylor, son of
Mr.. Peter Taylor, Sup't of the Vnlture
Mine, near Wickenburg. They cap
tured him near McWilliams' Station,
ON the Hassayampa Greek, on the road
tn Phoenix, and after burning him they
made good their rrtreat into the Brad
shaw Mountains"
Los ANGELES, March 22.-The horse
disease continues to spread rapidly, un-
til now there is scarcely well horse or
mule in the city. Livery stables refuse
to let horses, and there are but few
hack or truck horses fit for use. The
prevalence of the epidemic creates no
particular alarm. The worst cases seem
to he among livery stock. .....,
SAN Francisco, March ~. The
steamer Pelican is to be sent to Port
land, to ply between that port and
Puget Sound.
The gross earnings of the Central
Pacific Railroad for February are stated
1894 900, an increase of 1928 900 over
the same month last year.
The Panama steamer to-day took g..
200 gallons of wine and 22O tons OF
lead.
Langley's new directory shows the
population of this city to be 1SS, 1922.
Chinese, II 900; colored ], $50.
SAN FnAN1sco, March N.-Ar1ived,
Gen. Of the Ocean, from Seattle; Var
ha,ck, from Port Discovery.
Sailed, Martha Rideout, for Port
Blakely.
PORTLAND, March 28.-Steamer Cali
Jornia, will sail for Victoria and Sound
ports, tomorrow.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1873-03-29
UTAH.
The Smallpox - Att0rney.General Bate
Crises to Explain"

The Smallpox - AttOrne y.General Bates
ssRises to Explain"
SALT LAKE, March 23.-Brigham
Young has telegraphed to the Bishops
throughout the Territory to use all pre-
cautions to prevent persons exposed to
smallpox from attending the General
Conference next month.
Ex-United States Attorney Bates pub
lished in the Herald (Mormon) to-day
an open letter to President Grant, in
which he promises to demonstrate in
future letters how the President has
been made a mere cat's-paw by cor
rupt Senators and Representatives here
whom he would not have trusted in the
Executive stable. The removal of Bates
from office and his well-known interest
OH the Mormon side explains the docu-
ment.
SALT LAKE, March 24.-A correspon-
dent of the Tribune report that trav-
eler going south for Tintic, with lot
of stock, was followed and arrested by
the people af the town of Oak Grove, on
a charge of having stolen stock. The
accused was confined in granary, and
next morning the guard said he had es-
capped. Two hunters, however, think
ing there had been foul play, searched
for tho traveller, but as the snow was
deep and unbroken they were satisfied
that no one had left the locality before
them. It is stated that the parties
who made the arrest have sold the
stock of the traveller and divided the
proceed.
BENIcIA, March 24.-The soldier who
killed Chinaman by throwing a club
from car window, while passing Car
lin, was discovered tonight and sent to
Sacramento in irons.