davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1873-05-23
THE MILK-CAN ACT SUSTAINED.

An interesting and important decision has
just been rendered by Judge Quinn, of the First District
Court. sustaining and enforcing the provisions Of the
Milkcan act-laws of 1866, chapter 295-which makes
1t penal offense for mkmen. without the con.
sent OF the owner. to buy, sell, retain, use, &C.,
milkcans having the OF the upon In them
and empowering magistrate due proof to issue
his warrant for the arrest Of the offender and TO fix
penalty OF s25 for each can so retained, &C.,
The suit upon which Judge Quinns decision has been
rendered is entitled The People, &C., agt. Devenhal
and begun April 49, 1870 by the issuing of
by Judge Quinn sfor the arrest OF Devenhal the
complaint OF George Gouge OF Campbei! Hail. Orange
County who alleged the violation Of the lact This being
the first prosecution, became test case, aud the de-
fendant was allowed generous latitude Owing 10 this
and the fact that the defendant nterposed nine
specific objections, and took issue upon the constitution
aty OF the law frequent adjournments protraced the
trial until May 1873 when the case finally submit
ted Judge Quinn decided that the act constitution
al and gave judgment for the plaintiff flor 500. Hill
dreth Il Shafer, counsel for plaintiff and j. L. A. w.
Lindsay attorneys d. w. McAdam, counsel for defend.
ant
New-York tribune., 1873-05-23

Brooklyn, In 1870 has begun action before Judee ev
nolds, in the City Court. 10 tOs2 So which h.
claims Ia salary due him. The Company contend ,b..
the plaintiff did not perform his duties faithfully and
nave been sustained by the Company through the do
ings Of Mr.. Du Lancy. For plaintiff Jewell Pieros:
ior aefendant whitney & Place.
The dispute between Edmund II. Weyman.
the owner Of the premises No. 26 Bowery and Benla.
min Levene. his tenant which has been the subject OF Al
tenton In Part H. Of the Superior Court for the lans
three days and report OF which appeared in Tnes
day iRIBUsE has been settled Levene sued 70 recOyr
~ damages Tor the breakage OF crOckery In his store
caused by the tearing down Of the chimneys and The
cutting of the floors. Henry Daily appeared his coun
sell ana Mr r. Dewitt defended the case. The jury have
given Levene 800.
In the Marine Court, Part Ill, before judge
Gross, case was tried yesterday IN which Thoma.
McTurk sued Hiram b. Ferguson, formerly a City Mar
shall, to recover f20, the value OF two horses which
were taken by him under an execution against one
from Clendcnng previous 20 the levy by the Mars6a
The plaintiff recovered the full amount claimed. DAVID
McAdam for the plaintiff and Cary for the defendant
In the Marine Court, Part H., before Judpa
Joachimsen. yesterday, the suit OF william Haney a
the defendant Benjamin Van Hoesen TO recover 400 tor
money lent and s379 wages due bin az ajourneymaa
carpenter and builder Is trial The plaintiff fed
70 the lending OF the money and the previous services
substantially admits the borrowing OF the money and
the rendering Of the services but claims that the sho
amount has been paid Winfield, AnthOn Leeds ior
plaintiff. and Man Parsons for defendant
An action has been brought against tho
Brooklyn Ferry Company by John Berry, its secretary
from March, 1855. to May, 1884, to the sum q
s1375O which he claims s due him compensation and
for the free use by the Company OF his Office in New
York City The defense of the Company Is that durns
the years when Mr. Berry acted "a secretary he wa
also etockholder and director In the Company. and
acted also its attorney There was no agreement that
he should be paid for his services as secretary ff
tho use OF his Office, except by the enjoyment by him
such gains and advantages should accrue TO him frou
his relations the Company its attorney The Com
pany also claimed that the plantfs charge for CON-
DensatiOn &c. prior 10 1862. was 0utlawed. Tue
bending before Judge Nelson, in the City Court d
brooklyn. j. NJ. Van Cott for plaintiff; F. A. Ward and
u. f. Tracey for defendant
New-York tribune., 1873-05-23
THE ALDERMANIC BRIBERY CASE.

The case of ex-Assistant Alderman Costello,
who jointly indicted with ex-Assistant Alderman
Robinson, up before Judge Davis in the Court OF
Oyer and Terminer yesterday. The indictment charges
the two with receiving bribe from the New-Haven
Railroad Company, long time ago, when politicians
held such things TO be almost legitimate part of the
duties of city official Mr. Howe renewed a former
motion made for immediate trial or postponement
until September. He said the DistrioAttOrney In
formed him that principal witness for the prosecution
was In Omaha, and the case could not, therefore, be
tried very
Judge Davis said he shonld not hesitate grant the
motion II that were the case; but Mr. Russell, no
present for the DistrictAttorney, knew nothing
about the case he should postpone his decision until to-
day, when the DistrictAttorney would DE present.
New-York tribune., 1873-05-23
a FdTHERS RIGHTS.
OPERATION OF HABEAs CORPUS wRITs

OPERATION OF HABEAS CORPUS wRTTS.
An application was made by Matthew Z.
Breen Judge Fancher, in Chambers, Of the Supreme
Court yesterday writ of habeas corpus for the dis
charge OF Mary Elizabeth Small from the St Baruabas
House The girl is the child Of Roman Catholic parents,
and alleged to have been placed in the nstitution,
which is branch Of the Protestant Episcopal City Mis-
sion, by a drunken mother. Mr. Breen stated that the
wife OF Patrick Small tho petitioner, habtual
drunkard and while in t Of intoxcation placed this
little girl in the st. Barnabas House, that her father had
since applied TO the managers Of that institution TO OBJ
tain possession Of the child but could not learn where
she was and that he had sued out this writ OF habeas
corpus and asked that she be given into his custody.
The return made by an officer OF the Institution as
Protestant Episcopal Clergyman who brought the child
into Court that they exercised control over her
that she was at service with Mrs Stevenson on
Egthaye where she had been sent by the sisters and
that she well taken OF. Mr. Breen then asked
tho address Of the family that he might serve writ
them. Judge Fancher said that should not be
pursued the child was probably In the best place she
could be- Mr. Breen asked will the father be permitted
TO his child Judge Fancher replied. yes but he
must not interfere with her. Counsel urged that there
desired bring up his child in the Catholic faith To
which she aud her family belonged He insisted that it
improper to have the religious principles usurp that
faith. Judge Fancher declined to hear the counsel
that question and dismissed the writ, the child being
taken away by the Clergyman. Mr.. Breen says he In
tends to apply for another writ to other Judge the
father being determined TO obtain his child.
New-York tribune., 1873-05-23
CRIMINAL NOTES.

At the Court of Special Sessions, yesterday. Mar
rart no0roas pckpocke sentenced 10 ar n0as
psonment the Penitena for attempting 70 ROB visitors % & IN
pan Of No. 81 S0oht who alleged that the
cued hsd gyep worthless check Tor so la f
check by H. L. 1utte the ft haoas
wholesale fudesler accused si be wOud depoat
the check bat the complainant dechnei sos
the necessary time for the purpose
I'm the Court of Oyer and Terminer. yesterday be-
fore Judge DAVIS District Attorney Russell Dtof Jges
Bvrues indictment charging him with an asui sA
The assaulted being named Lols
socEse verdict Of scq1a ordered The gOuud Of ss
proof and the Indictment aud the remabs
for reindcment Hurley pleaded guilty 10 eoa0l asssa
Prison for liz Peter d6ssr
was ted acquitted charged Of burg1 he defended
VIM r. Knitting Robert Smith tried an Indictment for
evidence showed that the night t AP smith sf
mhbng freely at the liquor saloon NO S D
wich-.t while quArrehng With named hcDera9 hAst
Doran stepped received the blows intended TOT heDG
Although the accused o1ly his l heUohage resulted hoa
Dorns injuries and he died within nine days The Dsuf AoT
ps the guilty Of msnsanshter the ourh ro
aDd under the Judges charge Jury found Smith then
tencel ~ the Penenlny for one yeir
The following pleas Of guilty were offered yester
dsy ia he Court OF General Sessions Mr Rollins Appearing o s
popie Clarke or burglary sentenced 20 the state Poa 20
Edward M0rris attempt 70 commit grand Afeh s
Dorte YESTERDAY the jury brought in verdict of pot gt
William r. appeared for SOatba Herman Ooodsen a
hail were counsel Col c. spencer directed y s
Court discharged time the DISTINCT toey Lt ahA
Pstrek Morr Rogers charged With burglary In bA
omen the Wilson G. RoK. al No fo BrOaaEaI H
ght on the inst stealing three sot fet hats worth - ea
the property OF Joseph Rogers who had placed them nete of & M
he consent Of Of the found guilty OF py a.
ceny and sentenced Peuenaary for mouths nbeh Lars
defsude the prisoner In the Of Henry Abbey charged s Var
garV IN entering dwelling No Y Ochsris owned y Oess
verdict Of scqma rendered John o. Mo' appeared @ ~
New-York tribune., 1873-05-23
DECISIONS OF THE GENERAL TERM.

DECISIONS OF THE GENERAL IERM.
COST OF THE NEW COUNTY COURTHOUSE - A
REFEREES REPORT SET ASIDE.
The General Term of the Supreme Court
rendered decisions, yesterday, upon the cases lately
argued before ,that body Appended are some Of the
more noticeable
The Commissioners OF the County Courthouse
obtained advances from the Tenth National Bank Of
$4,000 during 1871, they having the power TO make
requstion the Controller for s5O0O under the laws
1871 their drafts TO be approved by the Board OF Ap
portioument. The Commissioners did draw upon and
obtain the Controller 100000, which they de-
posted in the bank, but the balance was
left unpaid. The Legislature of 1872 gave the
Controller power 10 issue bonds for the payment OF ad
yances made by banks in where appropriations
available The Tenth National Bank being uncer-
tain whether their claim should be paid out or the OLD
appropriation s50O under the act OF 1872 applied
for mandamus under the last act to Judge at Special
Term which was denied, and an appeal was taken TO
the General Term Yesterday q decision was rendered
by that Court affirming the decision OF the Court below
Judge Learned. who delivers the opinion OF the Court
holds that the requisttions Courthouse Commi
sioners do not appear been regularly made
der the act of 1871, to entlte the Bank TO ree
as against the Controller. The Bank, t is rumOred will
seek mandamus against the Board of Apportionnent
Suit was brought in the Supreme Court by Livermore
cover certain amount of money The case was sent TO
referee who, after some examination OF it, went to one
of the plaintiffs aud stated that the defendants were
willing accept certain sum ss compropise, saying
at the same tme that he would probably give Judgment
for much larger amount The plaintiffs refused to
compromise the and the result OF the referee
report favor Of the defendants for larger than
they had been willing TO compromise for. This report
Was Qsde at SPECIAL Term whereupon 1t taken To
the General Term which has affirmed tue judgment OF the
Court below Judge Davis, In giving the opinion OF the
Court says that although what the referee did might be
proper before both parties yet 1t placed HIM in false
position To make the suggestion privately and 1t were
better TO abstain from such a proceeding
motion made in the Supreme Court Chambers,
for the removal of the Receiver OF the Baltic Insurance
Company for not making dividend and renewing pol
cies. IL denied, and appeal was taken ~ the
General Term The latter Court has rendered decision
directing the Receiver call meeting Of the creditors,
aud render them statement Of the accounts and II
proper, declare q dividend Presiding Justice Ingra-
ham delivers the opinion OF the Court and directs that
the motion for the removal Of the receiver be renewed
If his instructions be not complied with.
New-York tribune., 1873-05-23
THE COURTS.
THE TRAIN HABEAS CORPUS.
HEARING POSTPONED UNTIL MONDAY.


The anticipated crowd to hear Trains ex-
cepons 10 Judge Daviss sharp ruling Tuesday was
IN tho Over and Termner enough yesterday morn
ing and suffered disappointment In the postponement
OF the case 10 next Monday. Judge Davis sent the
matter before Judge Fancher, who sat In Chambers,
and there Mr.. Bell and Mr.. Howe pleaded tho cause OF
Train Mr. Lyon, who appeared for the eDstricAttorney
stated tho reason Of Mr. Trains presence In COURT ana
Mr. Howe said that when the writ was granted the
commitment had not been made, but that when served
IL had been made out At the request OF bis client he
would consent to have the writ dismissed, beheVlng
that the commitment could not be reviewed on VIII Oh
habeas corpus Mr. Train he said, had been declared
sane by competent tribunal but on the testnony oi
one hostile expert he had been committed to lunatc
asylum This commitment was termlnaDie al any
moment and under the statute, by application TO the
County Judge, with tho aid of Supreme Judge, an
examination as 10 the present sanity Of Mr. Train cod
be had.
Judge Fanoher said that he could not go Dehlnd tne
record the present proceeding, but that, unoer te
statute examination could take place On another ap
plication.
Mr. Lyon-Am I TO understand that an examination
can be had before Mr.. Tram enters the asylum
Judge Fancher-The statute provides that 1t can take
place at any tme
Mr. Lyon-Why, your honor, 1t was only the day be-
fore yesterday that he declared insane on The tes
mony of witness called by his own counsel
Judge Fancher-Where the liberty Of the citizen Is
concerned it is important that the examination take
place as soon as possible.
Mr. Lyon-Wel; how long can this thing be con-
tnued Can he another examination the day after
this ono terminatesi
Judge Fancher-I will dispose Of that question when
IL arises.
Mr. Lyon-Respect for the tribunal which committed
Mr.. Train would suggest that some little time be allowed
to elapse.
Mr. Howe-The gentleman foreets that another
tribunal before whom numerous witnesses were pro-
duced, declared him TO be perfectly sane.
Mr. Lyon-I move the Court TO dismiss this writ and
remand the prisoner
Mr. Howell object to that course. There is trick
there and when Mr. Train is taken back to the Tombs
the Sheriff will Immediately take him TO Utica ask
the Court to adjourn writ and give time to pre-
pare the papers ia the other proceeding
Mr.. LyOn-Why should the writ be adjournedf
Mr.. Howe-For Justices sake, Mr.. Lyon.
Judge Fancher-I think it Is proper to grant an ad
iournment
The matter was accordingly adjourned until Monday
Mr.. Train congratulated by MS irlenus on
this eprieve which is thought to be equivalent 10 an
ultimate release.
New-York tribune., 1873-05-23

A case was tried yesterday in the Marine
Court, Part l., before Judge Rowland in which the
plaintiff Richard Arnold, sued the defendant. August
Brown. to recover the value Ola gold watch worth $780,
The defendant kept swimming gbath at tyseoond-s
on the East River side. and the plaintiff while bathing
there left his watch and chain In his clothes They were
missing soon afterward aud no brought suit The de.
fendant claimed that he had not lett them with the
proper person verdict for the plaintiff for the full
amount claimed resulted, 3. Sultan for the plaintiff aud
q. W. stephens for the defendant The OF Hartman
against etzman s still In progress j. A. Gross appear
ant,
New-York tribune., 1873-05-23
DFCIsIONS-MAY p.

Citv Court Of Brooklya-By Judge ReynOds.-Col-
Inns Az Brovne-PantG entitled TO Judgment ior amosasd n
work as found by jury ga with costs henp BnI -
VIM H. Weeks-Moton for trial 90 the minutes deed us
New-York tribune., 1873-05-23

senste documents number IS 18th session.
I senate documents. Ibsd.
Lave vi 1905, olAp. 3b1, section ..
New-York tribune., 1873-05-23

Rr L-Lozw. J.-0pens At llaA
, CduseG 49,,
3l0J. Course agt. Vaiigfe Ai''-s
Co. OF A1t0nA
3lgT. WISE IT,. at. Seas.
2gst. kleinclarli agi. hgsa ~
500. The Pacfc Ba1k AZ W.
soa, iDpd
New-York tribune., 1873-05-23
cAIENnARs-THr DAY.

UNITED STATES QIsTRIC
p. Lamb sgt. Brig :. HahlS.
90. Muir agt. Trowbndge.
70. .NickersOn agt. Steamtug
Echo.
129. Reed agt Steamer Electra.
lO3. Providence and n. Y Steam
boat Co. sgt. Steamt1g Nj
agara-
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30

banks closed. and the depot thronged
with citizens fleeing. I think at least
700 persons have left to-day alone. Peo-
pie living in the lower land. or fats and
who lave been unable to leave, have re-
moved TO storerooms and warehouses.
hoping to escape. No place of the d.
mensions of this in the west has ever
had such an experience, and the loss of
life. great as it has been. is enhanced BY
the loss of trade and decay Of business
Every one will mark the July of 1873
a. the most calamitous in the towns his
tory, and the tombstones will tell of the
ravages long after those who survived
the plague rhall have been forgotten.
The town has had the reputation of
being as healthy as Evansville. and one
of the most healthy of Southern Indiana
The adjoiug tracts are not swampy, and
the bluff on which part Of the city is
built is the highest between Evansville
and Cairo. Some attribute it to the use
of well-water; but every house has a
cistern, from which the water for cooking
and drinking is obtained. and the water
of wells was probably used here less
even than in other places. 1t is certain,
however. that it came in spite of cleanli-
ness and the application of scientific
truths.
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30
To Contractors and Builders.

CEALED PROPOSALS will be received by
~ the Commissioners Of the county Of Ju-
niata, at their Office in Mifiintown. until one
o'clock P. NJ. on MONDAY, AUGUST llth.
1873, for the erection aud enlargement Of .
Court House in said town. Proposals must
state :he sum in gross for furnishing all the
materials, except the brick. and doing all
the work according to the plan and specifca-
tions Of the same.
The Commissioners reserve the right to
reject all or any Of the bids which they shall
consider incompatible with the interests Of
the county.
Plan and specifications can be seen at the
Commissioners Office on and after the 26th
day Of July, 1873.
WILLIAM ULSE,
WM. VAN SWERINGEN,
DAVID B. DIMM,
Attest: Commi,sioners.
JAMES DEAN, Clerk.
N B. Bidders will hold themselves ia
readiness to enter into bond With security
on the day Of the letting. for the faithful
performance of the contract, if the same 10
awarded to them.
July 16, 1873.
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30

w WILMING TON AND READING
w RAILROAD
PER CENT. BONDS.
FREE OF TAXES.
WE ARE OFFERING
SECOND MORTGAGE BONDS
OF THIS COMPANY
AT 65 AND ACCRUED INTEREST.
Interest payable January and July.
THE BONDS ARE IN
l.OOOs. 5oOs AND zoos.
CAN BE REGISTERED
FREE
OF EXPENSE.
THE COAL. MISCELLANEOUS FREIGHT
AND PASSENGER BUSINESS
CONSTANTLY INCREASING.
The increase for y. ear ending No.
vember l. 1872, over year end
ing November l, ls7l............. s7l, PCS 81
The increase for year ending No.
vember l, 1871, over year end
ing November 1, 1S7O........... 1878 .:
Increase in two years. s161, ,o74.6s
Increase for frat six 10y months,
1873, over fret six (6) months,
Bonds, pamphlets. maps and full irforms-
tiOn can be obtrined of
DE HAVEN & BRO,
40 SOUTH THIRD STREET,
JulyS0 PHILADELPHIA.
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30
COMMITTEE MEETING,

The Republican Standing Committee o.
Juniata county will meet at Wills Hotel, in
Miiin,own. on
SATURDAY, AUGUST 9, 1878,
ut o'clock P. NJ, for the purpose of fixing
the time of holding the Primary Election
and for the transaction Of other important
business. A full attendance is requested
The following gentlemen compose the Com.
mi,tee:
Nifiintown-T. o. Weller, S S. Wilson.
Fermanagh-S. W. Henderson, John Stoner.
Fayerte-Nichael II Hoffman, J. B. McAlister.
Monroe-S. G. Shellenberger, S. s. Basom.
Greenwood-Andrew Ze;ders, Millsrd Wood
ward.
Susquehanns-lIcnry Frymoyer. E. Long.
DelswSre-J NJ. Suits. G. W. Smith
Thompsontown-J. NJ Parker, J. Y. Shelley.
Walker-Jacob s. Rickenbach. Saml Sieber.
Pa'terson-P. c. Rundio, G. W. Wilson.
Milford-B. S. Mumper, John Balsbsch.
Perry sville-J. H. Irwin,
Turbett-S. B. Ritzman, W. W. Landis.
Spruce Hill. 2. Stewart, Shem Esh.
Beale-J. J. Patterson
Tuscarora-Thos. Morrow. James Irwin.
Lack. VI. Morrison, NJ. Stump.
Black Log. f. Mcintyre, J. H. Lane.
JOHN BALSBACH, Chairman.
Perrysville. July 26. 1873.
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30
Trial List for September Term, 1879.

State Bank VS.. Neal Mccoy.
2 Joseph Rothrock, Ex'r Of r C Gallsher,
dec d. vs.. Noah A Elder.
3 Jacob Drolesbaugh vs John Peck
Joseph L Barner VS. Daniel Minglo.
John " Stonebreaker vs. Saml Lauver.
Same VS. same.
Jonas Alexander vs. Samuel Alexander.
8 Joseph Rothrock. Ex'r of r C Gallshsr,
decd, vs. Corn.lius Mcclellan.
ORE Parker. endorsee Of John H Clay.
VS. L " Doty, Admir- of John Robson, decd.
10 West ey Toomy vs. Caveny ct al.
ii g Powell vs Simon B. Albright.
| IL Mary A Tyson vs. Joseph Blanchard.
l3 John Warner vs. Isaac Pile.
IA John s Lukens, Admir- Of T W Lukeps.
decd, vs. Irwin Wallis, EXT of Jsmims ]
Lukens. decd.
Is Jacob Drolesbsugh vs. Anthony Hook.
enbury.
16 Joseph Bell. for use, vs. Administrators
of l. Houg hawout, decd.
II John Wilson vs. Michael Bare
IS Samuel Dimm vs. william Cox.
l9 Jacob King " Stephen Winters.
20 John Lukens rs David Shuman.
81 Joseph Blanchard vs. Christian Lauver.
% William Pry vs John Pry ct al
23 George 7 Frey vs. Jacob Shelley. ct al.
"a NJ 4 + NJ Hibbs vs Jacob Shelley
ct al.
% Jcremish Bruner vs Jacob Shelley ct al
26 Catharine Piey ct al vs. Jacob Shelley,
ct al.
p C W Flemming, for use, vs. Jacob Bs;.
dler.
% William Carl vs. Jacob Watts.
20 George Graham VS. Overseers of Tur-
bett township.
80 Joseph L Barner vs. Amos Miller.
81 Margaret NJ Hunter vs. II R Shearer.
81 William Given vs. Wilber McCahan
|. 33 David Sechrist Va Amos Snyder.
"a English West vs. " Lane.
S5 Nicodemus Brocias. for use. vs. Absa-
lom Barner, Admir- of Nicholas Brocius, de-
ceased.
SO William VI Allison vs. Absalom Barner,.
Admir- Of Nicholas Brocius. decd.
IRWIN D. WALLIS, PtolA'y.
Prothonotary's Office. Mifiin-l
town, July 80. 1873.
Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-07-30

full man would always do this at such q
place. In the Hanover Railroad Co. vs.
Coyle. S p +. Smith. 500, the plaintiff,
a peddier. in the depth Of winter. was
driving inside of his covered wagon with
his head muffled up in thick overcoat,
and it appeared that traveller passing in
the direction he was going could not see
np and down the track until within six
teen feet of it. Yet these circumstances
were not allowed to form any excuse for
his negligence in emitting to stop. There
never was more important principle
settled than that the fact of the failure to
stop Immediately before crossing a rail-
road track is not merely evidence of neg
ligence for the jury but negligence per Sc
and a question for the court. North
Pennsylvania Railroad Co. vs.. Heilman,
l3 Wright. 60. 1t was important not so
much to railroad companies as to the
travelling public. Collisions of this char
ac:er have often resulted in the loss Of
hundreds of valuable lives-of passen-
gers on trains and they will do so again.
if travellers crossing railroads are not
taught their simple duty not to themselves
only but to others The error of sub
mitting the question to the jury whether
if the deceased had stopped he could
have seen or heard the approaching train
runs through the entire charge and an
swers of the learned judge below. He
should upon the uncontradicted evidence
have directed verdict for the defen-
dants
Judgment reversed.