davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
Edward 9. stokes.


Stokes maintains the careless, Indifferent mien
ments. One would imagine he was the last person
in the world interested In the late OF Edward S.
Stokes, over whom judges and lawyers and iuries
have been battling SO long, He has the coolest de-
meanor OF any prisoner In the T0mbs, and smiles and
chats just as jocularly II he were willing away
his leisure hours in the abode OF pleasure and
instead Of In the Tombs-that most fOrbidding OF
prisons With his most intimate friends not q
word OF despair, OF anger or quarreling with his
fate escapes him. He discusses everyday topics
with charming nOnchalance, and takes great IN
terest IN all the events going on in the great out
side world.
Unable to see Stokes yesterday, the HERALD
lelt anxious about the news from the General Term
or downcast at the reported adverse decision.
"s5tokes downcast" exclaimed Johnston. "Who
ever saw him dOwncast? p
The prisoner believes that the decision OF the
General Term OF the Supreme Court will be in his
favor by granting him new trial, and that II this
Court does not grant II the Court OF Appeals Will.
In the course or conversation the Warden OF the
TOmbs told the reporter that the District Attorney
had lately told him that in case the General Term
decided against Stokes the matter will take
precedence OF all others and come up In the
present session OF the Court OF Appeals. This Is
understood that the Court was so crowded with
business that the case would not come up for trial
for ten mOnths-probably during the December
session. II the decisions should be adverse TO
according to this expeditions way OF doing bnsi-
ness. well known lawyer told the reporter that
1t was very unusual to rush matter like this so
quickly. Murder cases, which Always do take pre-
mouths to go through the General Term and the
Court Of Appeals.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
GEORGE FRANCIS TRAIN.
He il Declared To BE Sane by the Jury
After Being Out q Few Seconds-TO Be-
Tried ON the OriEinnl Indictment.

He is Declared To BE Sane by the Jury
After Being Out a Few Seconds-To Be
Tried on the Original Indictment.
The long and weary trial to the question of the
sanity of George Francis Train has ut last exhausted
itself. Toward its close little attention paid
TO the case and the jury to man seemed more than
anxious to be done with It, Train himself looked
weared too and seemed thoroughly disguised at the
almost empty benches of the court room,
Drs Ncss and Peters examined at some length as
to their knowledge OF the state of Mr.. Trans mind
The former incllned to the opinion that he was per-
fectly sane while the latter thought great many of his
acts bespok &c insanity.
Bell addressed the jury behalf of Mr.. Train, and,
after reviewing The evidence minueiy said that the es-
timony which sought to establish Mr. Trains in
sanity was that of those who had seen him but few
hours which, the other hand was met by the ties.
the highest intelligence, who had been familiar with Mr.
Train both business and social relations throughout his
entire life No friend or relative OF Mf Trains
relative of his ever doubted his capacity
to manage his business and his fortune,
though both very large friend or relation even
sanity though all knowing him 70 be man Of ideas Pc
cuiarly his lie had given his counsel valuable
slstance during the investigation No OF them would
think OF doubling his entire capacity 10 estimate his re-
sponsibiy for the act for which he is indicted his
city defend himself with the usual aid OF counsel
his trial. the utter baselessness OF the idea OF his in
sanity.
District Attorney Lyons then briefly addressed
the jury after which Judge Daily carefully reviewed the
evidence throughout The case was given TO the Jury at
about six O'Clock who, after being out but lew seconds
entered the court and rendered their verdict which
the effect that Mr.. Train was and is and
sponsiblc for his acts
Assistant District Attorney Lyons then notified the
Court that his intention to Mr.. Train
possible on the original Indictment
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07

TIC a Sa oy oa
~ my whether the rulings not more favor
able to the prisoner than was his right. 49,.
s I'm ss
the 5uase O. aa aSf the
necessary that+Ae accused should brood on the act ~
at tssIrs he
eoar. Of Appeals cine Clark. sssid 1885, the
poeSThe prisoners counsel presented to the Court
= % two We're
modied these NOTIFICATIONS Is not now argued.
doubt oa Is The request other words prisoner
the nry may entertain not only upon the case generally
IN Sd
dset IN in n any matter
as the Whole Case a sasr
CHARGE e that charge s Jury nS as while s
NE g q ne they should give him the
N ssS s the jury to nd
able o. the shsons Of The the pr
That being proved and admitted by the prisoner
9 NO Ts a
" g Vars as oo ~s sTead adj S &
sne1 had the full benefit the law upon the subject
Tlird-It Is also claimed that the testimony Of Van
e Ss a
given without objection or exception and the
prisoner could possibly have been prejudced in view
OF the tact that he himself admitted having shot the de-
ceased.
the prisoners counsel with respect TO the discharge OF
former jury panel brings up no question for review II
IL did there be doubt OF the correctness OF the
ruling OF the OF the Court 70 discharge Jury
under such circumstances. These are the only points
upon which a stay OF proceedings is claimed In my
Judgment there is reasonable or any doubt OF the cor
rectness OF ruling sought to be reviewed. and the
pcaton for the stay OF proceedings must therefore be
denied.
OTHER JUDGES.
With that persistent cndeavor to do all that is possible
for client while lite and the shadow OF hope remains
characteristic Of MT Howe the latter does not
pose let the of Nixon drop here. He expresses
his determination to reHew the application 10 some
other Judge OF the Supreme Court and in the event OF
like result go before another Judge, and ii
sary ell he has carried the application before every
Supreme Court Judge in the state.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07

AspINwALL.-on Tuesday morning, May Q. at SO
East Tenth street, JOHN L. AsPINwALL, aged 81
years
Notice OF funeral hereafter.
AusrIN.-Un Monday, May 8, GRACE EMMA AUSTIN
aged 16 years.
The reiativesand friends Of the family invited
to attend the funeral, from the residence OIL her
parents, 60 Pitt street. on Thursday, the sth inst
BoYLE.-On Monday, May g. after short illness,
JAMES BOYLE, aged AZ years.
The relatives and friends OF the family are in
vitcd TO attend the funeral from his late residence,
10 Charlton street, on Wednesday, May 7, at one
O'Clock T.. NJ The remains Will De inferred in
Calvary Cemetery.
NoTroE.-Ihe members OF the Phoenix Associa-
ton are requested to meet at their rooms, corner
OF Prince and sullivan streets, this "wednesday
afternoon, at one O'Clock. with mourning badges to
attend the funeral OF our deceased brother James
Boyle. THEODORE ALLEN, Pres.
VIM. G. BUTLER, Rec. Secy.
TO THE MEMBERs OF THE NEW YORK YOUNG MEN's
ROMAN CATHOLIC BENEVOLENT ASSOCIATION =.
Brothers-YCu are hereby notified to attend
special meeting, to be held at the rooms OF the Asso
cation, 327 Bowcry, this wednesday, May Z ut
121s O'Clock, sharp 10 make the necessary arrange
ments TO attend the funeral Of our late brotncr
and u nae R 5amss B9ye 9Tde nowrx
TAMMANY HALL-FIrTH ASSEMBLY DISTRICT
The members OF the Fifth Assembly District Tam
many Hall Democratic General Committee, are
hereby notified TO attend the funeral OF our late
brother member James Boyle, from his late resi-
dence No. 10 Charlton street, this Wednesday
May 7, at one O'Clock, 7. NJ. BY order.
NELSON W. YOUNG, Chairman.
I GEpSg Mc "; VAN VooNsr Secretaries.
BLACK.-On Sunday morning, May 4, WILLIAM
BLACK, OF the firm OF BAH, Black & Co., aged 81
years.
Relatives and friends are invited to attend the
funeral from his late residence No. West thirty
eighth street, on this "wednesday morning, at
nine O'CLOCK, Those desiring 10 accompany thc re-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
NIXON AND STOKES.
How Nixon Took the News OF the Re
fusni TO Grant the Stay OF Proceedings
Justice Pratt to be Applied To.

How Nixon Took the News OF the Re-
fusni TO Grant the Stay of Proceedings
Justice Pratt to be Applied To.
The decision OF Justice Barrett, OF the Supreme
Court on the case OF Michael Nixon failed to excite
much surprise Much comment, however, was in
dulged in and the atrocous events OF the case have
been canvassed over again in many home. 1t
was felt that one OF the last threads by which
Nixon still avoided his doom was withdrawn from
him, and that he had made one more step nearer
the scafrold.
Mr.. VIM. r. Howe, his counsel, after hearing the
rendering OF the decision, Immediately repaired to
the Tombs, and NlXen was brought to the outer
room He instinctively felt That netting import
ant had happened, and asked, in voice which his
Will Intellectually endeavored to make lrm:-
"What news, Mr.. Howe ~
"Rather bad, am sorry to sayn replied Mr..
s.What is it ~ anxiously asked Nixon, unable to
repress his emotion.
Judge Barrett has refused the stay OF proceed
ings.n ..
Taxed, and hesauk To a chair.
'sThen there is no hope,n he whispered hoarsely. 9
there's life there's hope, Mike, you Know There
are thirty-one Judges OF the supreme Court in the
state and shall sppy 10 every one Of them for
Mr.. Howe left. but Nixon did not cheer up On
the contrary, his spirits, which are ordinarily viva
cious and reckless, dropped they have not
dropped since he has been In the Tombs prison
He undoubtedly thought that by this decision of
Justice Barrett his doom had been sealed and that
cavI as counsel would, the penalty had 70 come
lie did not weep, however, but went back to his
cell without saying q word 10 any Of his fellow
prisoners. Shortly alter his wife called and re-
manned with him for an hour or SO. she was much
affected, but endeayored TO inspire her condemned
husband with hope. The two spoke in q low voice.
and what passed between them is only known TO
themselves. That the wire deeply feels the danger
and disgrace OF her husband no one can doubt who
saw her a. she left the prison yesterday, with slow
feeble step and Q0Wupast She fprrpl
with her husbands counsel during the day.
IL Is the intention Of Mr.. Howe 10 apply on Thurs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
COURT OF APPEALS.


ALBAST, n. Y, May 6. 1873.
The following decisions in the Court of Appeals were
handed down this morning
judgments affirmed, with costs-The United States Of
America vs. Fox the Boston and Albany Railroad Com
rs 81 &S a s % kep M
Smith vs.; Mer the ] Russell Manufacturing Company
New Haven Steamboat Company; Dorcher VS.. Shaw
the People rel Abrams Of Taxes for
Piios Is Pacific Mali Steamship Company; the People
ex rel the commissioners OF Highways of the town Of
Judgments reversal and new trial granted costs to
" fsrkSr ssyaee vs. Howard In
Judgements reversed aud new trial granted vs.
order affirmed, without coss-The Bowling Green Saw
Orders affirmed with costs-Dishrow VS. Garcia: Welsh
vs. parragh; Ritts vs. Kitts the Farmers and Meehan
Order Of General Term reversed or order of Special
Term aitrmed with costs-in the matter smith,
cate assessment; in the matter OF Deckel TO vacae an
Order granting new trial reversed and Judgment abso
Lutte for defendant with viii s0sso sr VS. ppsr a.,
ton for mandamus denied, with costs.
rsos * rel FGDhS Knr the Board
Order Of GENERAL Term reversed and order Of Special
Order Of General and SPECIAL Term reversed and mo-
Judgment and remtttur amended by giving the plain
tis costs in the Supreme Court-People ex rel Furman
judgment Of the Supreme Court reversed, &e.People
red except as t the s NJ
berson and as to that the Judgment Of the supreme
to either ' party.-Reed vs.. Reed. Noe''
Motion denied, without cOsts-Cushman VS.. Hatfield;
st. Lakes Home for INDECENT Females Association or
Respectable Females.
Appeal dismissed, with costs.-Stephens Howe
Corrngton Florida Railroad Company: Samins
stanton People rel Addison and kkland Plank Road
Company Freeman; Hasead We. Haistead
The Court has rendered decision sustaining the action
raise the Mil pcccncy State siS tax
Order OF General and Special Terms reversed and
ton granted, with costs with leave to defendant to
q verified answer payment OF the within DAYS
after the said costs shall have been adjusted by the
beow.-Frederics vs. Taylor.
Court OF Appeals Calendar.
The following is the Court OF Appeals dav calendar for
Wednesday, May mos 65 So, i'll B. 49, Il, is and r.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
NATIONAL GUARD REVIEW.
Review OF the Forty-Sevcnth Regiment
by the Mayor and Generals Hancock
and Hustled.

One OF the most interesting parades Of the that
witnessed yesterday in Broadway when the city in
vaded by the uniformed boys Of the Fortyevcnth
(Brooklyn) regiment and Howizer Battery, OF the Eev
enth brigade the guests Of the Seventy
first regiment, Colonel vose The Seventy first marched
from their armory in Thrtysixth street to Wau
ferry where they met the Fortysevenh Colonel Austin
and the battery about haEpast five, and escorted them
TO the City Hall Park, where both regiments were
reviewed by Mayor Havcmcyer and General Hustled,
the recently app ointed commander othe Third DIVISION
National Guard, who appeared tor the first time at the
City Hall IN fu,l uniform, and members OF both branches
OF the Common Council The marching quite fne
especially the of the visiting regiment they
proceeded broadway TO Union square,. At the square
they formed in column OF DIVISION the right OF the
drum corps resting Broadway the seventy-hrst
The regiments critically inspected by General
Hancock and General ingalls,, Colonel Mitchell,
Colonel Iiehcr, Captain Wharton and Captain
Ward, of his staff, and Prussian lieutenant
in snowy uniform of the uhlans After few minor
cvoutons that were executed with difficulty, owing 10
the OF East Seventcent street, round which
the columns formed, they wheeled into columns
companies and made marching salute. This latter
marching superb, and elected applause from the
great crowd assembled IN the park. Among the promi
nent gentlemen the stand General Messeole
Brooklyn; Colonel Clark and thcr New York command
ing and line officers superintendent kcso and Judge
bowling The police arrangements ut the City Hal
Sergeant Schofcld Of the Park police. The Forty.
seventh was entertained with collation. at the armory
ofthe Seventyrst, after the review, returned
Brooklyn later in the evening. .
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
THE CASE OF NIXON.
Stay Of Proceedings Refused by Judge Bar
rett-The Judges 0pinion-His
Counsel Won't Give 1t Up So.
Train Pronounced To De Sane and 10 BE
Tried on the Original Indictment.
BUSINESS IN THE OTHER COURTS.

Yesterday Jacob Kaufman. who had been indicted in
New Jersey for smuggling eastic goods and guipure
iaces about the value of ten thousand dollars.
brought before Commissioner Shields the having
come city and been arrested warrant issued
BY the Commissioner. Kaufman agreed to go back to
New Jersey and taken there in charge OF officer
The next Criminal Term of the United States Circuit
Court will be held by Judge Benedict in a court
room. which has been hired by the federal government
at27 Chambers street Workmen are employed in get
ting the " and there is no doubt that it will
be Ut for occupation at the OF the
ting term
Yesterday Judge Blatchford rendered decision the
bankruptcy suit of Wheeler sedgwick. lie directs
trial TO be granted unless the plaintiff consents
production of the amount Of the verdict The verdict
in excess account of q mistake in the computa
ton of interest
In the Of the petition TO have Henry NJ. Burtiss
and George Blood adudcated involuntary bankrupts
Judge Batchord dismissed the petition with costs hold
ing that the averrng acts of bankruptcy
the part of the defendants were not sustained.
f. L. Taintor the cashier OF the Atlantic Bank who Is
in prison a charge of having embezzled 100000,
funds belonging that establishment have been
examined yesterday before Commissioner osborn, but
the did on, the Grand Jury of the United
States Circuit Court indicted Tantor the
imputed'to him. His counsel it appears, is not yet ready
10 entertain the question of bail.
Not long since we published in the HERALD
Of attempt alleged to have been made by Martin
Cashn, and Anna Erras, stewardess on board
the American ship Mary NJ. Burr to set fire and de-
sroy that while lay port South Amer
lea. Yesterday the accused brought before Com
missioner Osborn and committed for examination the
above charge.
Two of the Ring suits against Ingcrso and Miller
brought by the Board of Supervisors submitted
tercay 10 the Supreme Court, General Term, without
argument The understanding between counsel that
they would await the decision until after the decision in
The Court OF Appeals IN the similar suits brought by the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
COURT or GENERAL SESSIONS.
Petty Lnrcenfcs.

Before Judge Sutherland.
The first case disposed of yesterday indictment
against boy named George Fries charging him with
forcing open the window OF the dwelling Of Catherine
Schacht, 100 Forsyth street the 25th OF April and
stealing s75 worth of jewery and 81 in money. He
pleaded guilty 10 larceny and was sent to the House of
frank Arlington tried and convicted Of stealing
shawl worth Bis on the sth OF December last from Min
street. lie was sent to the Pemtentary for months
Shooting Case.
The next TO which the Of the Jury was
called charge Of felonious assault, made against
Peter r. Tighe by william Nc Bride, who sworc that on
the 9Th Of November last the accused fired pistol at
him. while he was going out Of a drinking saloon in
not extracted Three witnesses were sworn Tor the de-
fence whose testimony conradicted the statement of
boweyer dsbeiieved the evidence for The defence and
rendered verdict Of guilty OF an assault with danger.
weapon with intent 10 20 poulIy harm iigne was
remanded for sentence.
Alleged Grand Larceny.
Late in the afternoon Henry stein placed on trial,
charged with stealing sixteen pieces of japanese popn
on the 18th Of March, which portion Of the
of box Of goods shipped to Hodges Bros, OF
baltimore. by Butterhed Co., oil inns city Inc case
will be finished to-day.
The Sailors boarding House Act-Opin-
ion of Judge Sutherland Denying n
Motion TO Quash an Indictment for
Its violation.
Judge Sutherland has just fled his opinion in the
OF Henry Miller, VINO indicted for keeping sailors
boarding house without license. Mr.. John McKeon
argued the question Of the conttuonay of the act Of
the Legislature Of 1885, before His Honor in February
at the second part OF the General Sessions and moved
IN question passed Tor the better OF
In the harbor 81 New York. His Honor, in DENYING the
and able manner the various sections al M and aiso lie
points made by the learned counsel, and concludes by
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
LITTLE SHOW FOR NIXON.

Judge Barrett Refuses Stay of Pro-
ceedings-Iiis Written Opinion Giving
the Reasons Of HIS Decision-Proposcd
Renewal OF the Application TO Other
Judges.
For Michael Nixon, the murderer Of Charles r. Phycr,
and condemned 10 ~ hanged the 10th Instant there
sppears 10 be but little hope Judge Barrett, of the
superior Court TO whom Saturday last, Mr.. William
'. Howe, his counsel applied Tor stay OF proceedings
yesterday gave his decision denying the application
will be seen from his written opinion embodying his
decision which give IN full below, that he sustains in
svery particular the rulings Of Judge Brady, before
whom the trial took place. The following is the
,pinion:-
JUDGE BARRErT's OPINION
IL is impossible TO look into the record and bill OF ex-
reptons in this case without being struck with the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
BUSINESS IN THE OTHER COURTS.
COURT or COMMON PLEAS GENERAL TERM.
Important to Savings Banks.

mpOTtant VI SuvlnSs DNHAss
Before Judges Daily Robinson and Larrcmore.
William G. Homann, respondent VS.. The Bowery Saw
ings Bank, appeant.-In this the respondent
covered judgment in the Marine Court. The judgment
affirmed by the General Term OF that Court and the
defendant Savings Banlo appealed to this Court. The
ground Of appeal that the trial the defendants
counsel offered prove by the examiner of signatures
in the Savings Bank. expert from the witness
knowledge plaintiffs signature, gained from look
ing at certain signatures of the plaintiff which were
already In evidence the trial and admitted 10 be
inc. that the draft and signature of the plaintiff which he
claimed to be forgery were in fact genuine. The Court
below excluded this evidence but the Common Pleas
held il 10 be perfectly competent and admissible and
reversed the Judgment OF the Marine Court and granted
new trial Norwood Coggeshall for the savings
Bank; Samuel q. Courtney, opposed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-07
COURT or SPECIAL SESSIONS.
The Jay Gould-Marrin Case-AnOther
POstpOnement.

sAC o&y 0Ouku-nAAIIAA O0bC-AnOssASA
Postponement.
Before Judges Bixby, Shea, Coulter and STANDBY.
The Court Of Special Sessions crowded yesterday
morning with large number of lawyers and Wall street
na sar He
counsel Judge Iulerton MT Marin iOlSwed soon S6
then Gang quite number OF mr. M, Marrns nd
waited patiently till the Court was formally opened
i was the first case called and Mr. Marin answered
JAY GOULD NOT READY.
Mr. Fullerton then and stated TO the Court that he
engaged in q before the General Term OF the
Supreme Court and would ask for adjournment untl
some future day.
Mr. Sullivan said I'VE ready and anxious to go on
with the trial. Your Honor My client received no noti-
tcaton the last time it was called on last Saturday
his readiness ss to stand trial today :.
Mr. FnestonN stated to the Court on Saturday that Ssd
the trial was postponed on account OF the nonappear
Judge Bixby-WeI. put the down for next satur-
The whole party then left the court room together.
Decision Against an Officer.
william Colston and Michael Mcclure accused by
Officer John Caire, Jr Of assau lting him Saturday
night last Counsellor Hummel crossexamined the
officer very severely The Gus also n On the
Coison and McGuire had suffered than he officer,
both Of them bore marks of the policemans baton.
They were discharged
Another Ovcr-Zealous Officer.
James Fox and James Ahcrn were arrested on sim
liar charge, preferred by Officer James Cottrel Coun-
scllor Price appeared for the accused It proved
that the officer had gone into clothing store where the
prisoners had dispute with the proprietor about
turning money, and that the officer had used his
club pretty freely in driving them They also
discharged.
A Just Punishment.
A blind man, lame and pasied, then forward.
He shaking like leaf and leaned the shoulder of
little boy. His face cut and bruised in several
places and he presented altogether the appearance of
having been severely beaten The blind man accused a
stalwart looking fellow named Cornelius Foley abus
ing him in this manner They both lived in the same
house. 27l Water street. and Foley into his room
under the influence Of liquor and without any provoca
ton ued him. After making his statement the
painant whose name is Timothy Sullivan asked the
Court be lcncnt with the prisoner. he thought that
Foley drunk 10 be accountable. He sentenced
to three months in the Penitentiary.