davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-11-12
C0NSTrTUTI0NALITY OF THE
SPECIAL SESSIONS.
THE

The Court Under the New Police JUS
tfces-Ratsing tho Question ~ TO It's
Consultation lity-A BombsheIl and
Its Probable Enects.
During the proceedings yesterday In the Court OF Oyer
and Tcrminer petition submitted TO Judge Davis
upon which win depend the dccison Of question Of the
greatest importance in connection with the administra
ton Of criminal Justice In this city The petition was
raising . question to the constitutionality
Of the Court OF Special Sessions a. now
constituted; that Is TO say. a. organized
under the act OF the Legislature ousting the old
police justices and the recent appointment by the
Mayor and Board Of Aldermen Of the police Justices
portion Of whom at hold the Court Of Special
Sessions. This petition asks the discharge Of Owen
oKecfe lately convicted before the magistrates now
holding this Court 1t set forth in the petition that the
tribunal called Court OF Special Sessions Of the Peace
In and for the city and county Of New York is not le
gay constituted court that it "hss not any jurisdic
U ehS illegally and
The petitioner represented by Mr.. William F. Howe,
late police
power 70 81 az police justices Y does not conieS upon
Iss.,ons iss. there sSs sSs sSs sshis;
s.s that .csordps ''' . ths decision sf Judge
sTds Frse.cs hepor hree police justices
Il i u sPss ss aa' to s.
composed 9f three Judges viz, Judges Dowling and
Kelly. After this the young democracy came into
power and restored the Court as previously
under the act Of 1888 The Court was held until sub
seauent again made the judges q that Court
appointed by the Mayor, when Mayor Hall designated
judges Bowling and .handey as ITS judges The Court
be rremembered the Penitentisry came near being
ddepopulated-decided that the act giving the
the Special Sessions was restored far the police
Justices were concerned to its primitive conditionhat
Y 70 say that should be held BY three elected Justices
the Special Sessions only be held by the police jus
justices appointed by the Mayor and confirmed BY the
BOARD Of Aldermen have no power to bold the Court
being q court Of record, and having seal and bcIngs
county having Jurisdiction In which might
tried before jury that such court according to the
suon only be held or presided over by elective
judicial officer.
The question will be argued length tomorrow morn
ing at which time the writ was made returnabe. As
Will be seem the question raised Is one OF the greatest
Importance. II the act under which the Police
Justices holding once is declared UNCONSTITUTIONAL
them of there will be other but to do
their judicial robes, and meantime all persons tried be-
fore them and convicted and serving out terms Of
imprisonment must be set free all such convictions and
imprisonment being, under such decision, illegal and
therefore null and void.
The New York herald., 1873-11-12
A soUp HOUSE 10 BE OPENED.

At special meeting OF ST. Johns Guild held at
'heir rooms, st. Johns chapel last night the fol-
lowing preamble ana resolutions were adopted
whereas the present financial difficulties have resulted
FiIsn rs.sInad Hna Eighsn 1 yards; therefore, belt
nosoiveo, Inat St Johns Guild make In
m Pewer 70 alleviate the suffcrngs OF our fellow citizens
ana nst money groceries and provisions be ut once
20 enable us to open So and varck street
thus saved rom starvation this winter - ' $50
Resolved, That the Of the fud NJ o,c. viot
every mmy IN tner respective districts and give
the above place. "e '"enn " 'ooo ~
Resolved, That the citizens OF New York no tpvited q,
provide mel ans TO enable us TO commencc this
work Immediately. subscriptions in money and gra y
chapel Varick street - eo""
The New York herald., 1873-11-12
BUSINESS IN THE OTHER COURTS.
MARINE coURT-pIRT !.
Action Against = City Marshal.

Bef0Te Judge JUAcHimseH.
Keyworth Shner OF aL-This is an action brought
by Mrs. Ellen Keyworth to recover from stiner Co.
and one Of tho city marshas the value Of goods claimed
70 belong to her, seized sold under judgment and
execution against her husband The property In ques
ton consisted Of the fixtures Of liquor saloon and ske
alley, fitted up originally BY the husband tnat being
part Of his busness) and aerward sold by him to his
nephew who after time sold 1t 10 the plaintiff leav
ing the country The bond ddes OF these sales ques
toned by the deendapt and this really constituted
Their defence The value q I the goods was ysriogsly
verdict In Of the defendants For paintid-w.
Wolf. For defendants-Max Moses
The New York herald., 1873-11-12
COURT or GENERAL SESSIONS.
Before Judge Sutherland.

Before Judge Sutherland.
The forepart Of the session yesterday was occupied in
trying John Carroll the keeper OF junk shop In Stanton
street, who charged with purchasing quantity Of
brass faucets. with guilty knowledge that they were
stolen from the factory OF James Comfy Nos and II
es1 ny her Matthew soeeg With
which Carroll was proved his good
charged at u late hour in the afternoon.
Petty Larceny.
Patrick ONein and william Mehegan. who were
charged with burgariously entering the liquor store
Cornelius Grove stealing $40 worth OF liquors
guilty TO petty larceny As they were hard working
men ais Honor migatsd the punishment to two months
Imprisonment in the Penitentary.
Assault and Battery.
George Reilly alias Rat Reilly who indicted for
attempting to shoot Charles Mckenzie, police ofcer
on the goth Of july pleaded guilty assault and battery
II seemed the statement Of the complainant that
Reilly and friends went into cigar store Sec
ond avenue and took cigars without paying for them
and that Reilly threatened the proprietor OF the
that if he did not get back in the room he
would lay him outs" that after the party
left the store the proprietor went across the
street and informed the officer OF the transaction who
w Of em whereupon Reilly drew revoiyer and told
The officer that he did not let the men go he would put
daylight through him. The complainant knowing the
desperate ehaTaster of Reilly oossd bis hold Of me two
tackled him lthe ocer and rescued Reilly from his
tody.
plea he could not convict the prisoner OF any
higher grade Of crime.
Counsel for the prisoner wished to present adavits In
mitigation OF and aths request the sentence
was postponed till Friday.
Alleged False Pretences-Dfscha harge Of
the Accused.
John Schooner was tried upon Indictment charging
him with obtaining $50 from Joseph Hech the sh
OF February, by falsely representing that he owned
house East sixtysecond street and another Eighty
sixth It out during the progress Of the
trial that Hecht examined the records in the Registers
Office and found that the accused owned the property,
but no subsequently discovered that Schooner had
January Mr. Kintng cone nded that the accused could
not be legally convicted OF the offence charged in the
ndietment Ills Honor agreed with the counsel, aud
directed the Jury to render verdict OF mot guilty"
Attempt TO steal . Watch from . Dctect-
youth named Andrew Fitzgerald was convicted OF
an aemptto steal gold watch from Patrick Leahy de-
ecve Eighteenth precinct the 18th Of septem-
ber The officer taking prisoner named Flood che
station house. through Twenty fourth street. followed by
q crowd at which time Fitzgerald, who said he was q
horse Jockey snatched the officers watch The Jury re-
jockey to the Penitentary for dx months.
The New York herald., 1873-11-12
MARINE couaT-pABT 3.

Action Against an Insurance Company.
Before Judge Curtis.
Marx Cohen the Brewers and Matsters' Insurance
Company.-This action brought to $780, the
amount policy Of nsur taken out by plaintiff
Cohen, his stock Of goods at No ~ Division street
which burned 30h of last December. The
the paintin-to wit $500 but only 500 After charge
from the Court, the Jury without leaving their seats
in OF the plantirfor the full claimed
The New York herald., 1873-11-12
FATALLY CRUSHED BY A CAR.

Coroner Young was yesterday called to 222 East
Twenty-ninth street. to hold an inquest over the
remains OF John r. Burns, little boy six years Of
age, who died In Bellevue Hospital from the effects
OF injuries received the evening previous by being
Third avenue line, corner OF Twenty-ninth street.
The thigh OF the child terribly lacerated beside
which he was otherwise severely injured. In what
manner the occurrence took place will be
developed during the investigation. The father OF
deceased Is employed in the olice OF one OF the
principal journals OF this city.
The New York herald., 1873-11-12
M56nasI Ce9fdy. n6vfus bsrslS71ous Ymplsmens: Sen
Va Jsmes Th0mpsous assault and battery.
BROOKLYN COURTS.
SUPREME couRT-cIacuII.
Demas Barncs' Lawsuit.

Demas Barnes ex-Congressmsn, brought salt against
A. r. samuell proprietor Of the New Park Theatre 10
recover ~ 100 on promssory notes. given In 1870 by
whom be purchased supples The plaintiff had peeA
ioaning money to Brtton Co for some tme ana re-
gin Of nifty per cent In December 1870 the nrm faiie4
and the samuells not paid PlaiuftQ hao
previously hed tour OF samues notes. which had been
represented to him business paper and which ware
paid
On the part Of the defence ir claimed that tho
loans to Brltton Co.. for which the two notes In ques-
uon were collateral usurous interest," tnan
seven per cent The testimony this point was some
what contradictory estiying that tho
loans were at seven cont and others tesyng thai
they were at twelve per cent
The jury found for the defendant This was the second
plaintiff -
The New York herald., 1873-11-12
THEsoITY TREASURY.
Comptroller Green reports the following pay
ments into the City Treasury yesterday
ACCIDENTALLY SHOT BY HIS BROTHER.

The danger OF playing with firearms was pain
fully illustrated yesterday In q case that occurred
In Fifty sixth street, between Sixth and seventh
avenues. James oumiskie, lad seventeen years
OF age, IL appears, was playing with loaded
musket at his parents residence, when the gun
prematurey exploded, the contents taking eject
In the head OF his little brother Patrick, aged six
years then In the room with him, causing almost
instantaneous death James WAS arrested and de-
tanned to await the action Of the Coroner, who was
notified. =
The New York herald., 1873-11-12
UNEMPLOYED ARTISANS RETURNING TO
EUROPE.

BosroN, Mass, Nov. IL, 1873
The steamship Atlas which sailed from Boston
to-day for Liverpool had $50 steerage passengers,
large proportion OF them mill operatives and ar
tisans, who returning to the Old World Tor lack
OF employment here. Forty factory operatives
came on from Fall River to embark in the Atlas.
The men belonging TO the Cunard steamship
Abyssinia, who were detailed to take the dereict
ship Richard Robinson into Halifax, also 90 out in
this steamer having arrived here this morning.
The New York herald., 1873-11-12
LABOR DEPRESSION IN BROOKLYN

what IL Said 1T the Mechanics and
Traders Exchange.
A representative OF the HERALD visited the
Mechanics and Traders Exchange, Fulton street,
near the City Hall, Brooklyn, yesterday for the
purpose OF ascertaining the experience OF the pro-
duccrs "op 'Chapaen CONCERNING the eject OF tho
The New York herald., 1873-11-12
Brooklyn Public Works Conference.

There was q conference OF the Special Committee
Of the Board Of Aldermen appointed to confer with
the Mayor, Comptroller and Commissioners Of City
Works, with regard to the labor relief resolutions
held yesterday general discussion was had
touching the proper basis of proceeding with the
question Of employment and expenditure, during
which 1t was said that reduction should be made
in the price OF labor. SO that the greatest good
might be done to the greatest number. The result
OF "the Jalkn was that Aldermen O'Riely, oil the
Twelfth ward, and Ropes, OF the Third ward, were
OF City Works in reference to transferring the
balance OF the sewer account to the street repair
ing fund. The hundreds OF discharged working
men stood about the steps OF the City Hall the
"live long day." discussing the prospect and
anxiously awaiting the result of the deliberations
OF the officials. The probability is that they win be
set to work to-day, should the Conference Com
mittee succeed In making the arrangements which
they anticipate.
The New York herald., 1873-11-12
UNITED STATES SUPREME COURT.

The following il the Court Of Appeals day calendar for
November l2:-Nos "a, rs 7s 30 ~ ~ Is u
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24
GEORG ETOW N.

THE FALL GAMES AT HARLAN.-The Poto,
mac boat club, of this city, have received ar
invitation from the Atlantic club, of New York
to attend the annual fall;games at Harlem on
the 4th of october next. Elegant gold medals
are offered for competition. Open to all anna
tours.
THE CRRsAPRAKE AND DELwARE CANAL
The repairs to the Chesapeake and Delaware
canal have been completed, and the steamer.
of the new express line, plying between this
city and Philadelphia, have resumed the
regular trips.
RIVER NRws.-The. schooner Exchange has
arrived from Baltimore with 40, 0GO feet lum-
Der for the Hartley Bros.
GRAIN TRADR.-There were no offerings on
'Change to-day. The best samples of wheat
are in demand, and would readily be taken a,
good prices for cash.
Two WILLS. - Yesterday in the Probate
Court of this District the will of the late Eliza
beth A. Dunbar, OF Georgetown, was filed. She
bequeathes 8, GOO in promssory notes to Con
zaga College, and makes various other be-
quests. The will of Emma j. Berry, of George
town, bequeathing her property to her sisters
was also filed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24
THE COURTS.

COURT IN GENERAL TKRM.-Yes.erd.v.
ssIs 1gh Ssps ron, Totten, and R. Fendali
~ @ e. ne bar The application 81 Lucian
examining committee. Barnes VS. DstTies az C Sne
lumbia placed on the calendar. washington ana
WORK.: order SLOWING reSsS2inS ws5s ~ Psot.e
Williams; decree affirming decree below
Heller ss. Key motion no stre frSD snee
and dismiss APPEAL Hogan agt. kurtzy; argued by
Tstten AID Appleby.
terday, after our report clOsed the following
were tried: oliver DuFour. assault aud battery;
OF guilty, and sentenced TO Jail for two months
Io,oay James Stanley, charged with larceny Of
Alexander Hoover, aTceny Of coats, vests and pan
falcons, valued at SiS, from James IL Bieby. There
was no denisi OF guilt in this case, bqt the all i'm
They Jury returned verdict Of guilty of petty lar
cen y ard he wGs sentenced TO jail for 30 days.
POLICE COURT, JVfKs SneU To-day, Isaac
Gross was charged with creating nuisance on Nir-
ginta avenue southeast, By suffering stagnsnt water
claimed that the nuisance vas occasioned by the i'm
Grovements made by the board Of public works
nuisance, and must ooS ssewhere Tor redress case
continued. Morris Sullivan, charged with the same
and battery; postponed Robert Wheeler, assault
and battery on Matilda Wheeler, his wife; SIS john
an afiray; S3each. Sarah Longster, charged with
keeping bavdy house, fined $40. Also, charged
chae Sweeney charged with obstructinS The streets
50. Thomas Butler, vgrant, gave $50 personal
leave the city day. Michael Shea, profanity: as
Dog Catteel, colored, fined SIS for cursing
days Jane! Wheeler Was fined So f SgW cnr rsr s.
George W. Nicholson, CHARGED with fighting dogs
grant and prostitute was released on condition thar
she would return to her fathers house and behave
ard quiet Of Georgetown, was fined S. Franz
Jones, charged on Osth Of Lewis Bell With sriIing
LIQUOR on Montgomery street, Georgetown, without
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24
Condensed Locals

ShoNhNN" LOfdAS.
William Gronstead, of this CITY, has received
patent for a fastening for trunks.
From keTvand & Towers we have "Josh
Billings, Farmers Ahminax" for 1874.
The CreightOns defeated the Arlington base
ball club yesterday by score of IS to 2
The Fanny Ben won the yacht race yester-
day, leading the Gertrude J I minutes. The
Given came in second followed 10y the Spray.
The annual anniversary celebration OF Excel
siOr Lodge, No. II, Knights of Pythias, took
place last evening at SheldOn's Musical Acade-
my, and was enjoyable affair.
Rev. II. Il. Beimer. (the pastor OF the Luthe-
ran church, corner of nth and III streets y and
wife, were visited last night, at their residence
by surprise party, each provided with an
article not exceeding one pound in weight.
In accordance with the Governors request
the District Controller, Auditor, Treasurer,
ana collector will hereafter make to him daily
reports Of The transactions of their offfces.
1t Is stated that man who represents himself
as Deputy Grand Master of MasOns of the
state Of Missouri, is travelling through the city
giving worthless checks on the Freedmanis
bank for purchases made by him.
Mr.. T. W. W. Griffin is chairman of the
special committee appointed by the president of
the republican central committee, to decide
upon the contested election cases now before
the central committee
The repairs TO the Executive mansion, with
the exception OF the east room, will be com
pleted tomorrow. The uusightly Turkish car
pet which heretofore was on the floor of the
story.
Tie 18th annual fair and cattle show of the
London County Agricultural Society will be
held at the new fair grounds, near Leesburg,
Va, on WEDNESDAY, THURSDAY, and Friday,
Nov. 9Th, 9Th, and Eth. The list of premiums
are large and are offered for the best specimens of
horse tesh stock of all kinds, household articles
agricultural products, home manufactures, sc.
We are informed by a circular that ssthere
will be pOle-raising on Thursday near Will
sons, on the Baltimore and Potomac railroad,
with the flag Of the Union proudly floating over
the Capitol of the Nation, from Mount Ararat,
the site purchased by the Directors of Southern
Maryland and District of Columbia 4 gricultural
%@
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24

HyA lone, lorn widower of Manistee, Michi-
gan, who has only AZ living children to comfort
him, has recently married his fourth wife.
HNashville, Tenn, has a club of "Rejected
Lovers" from which member was lately ex-
PEELED for having visited again the lady who had
once rejected him.
ga strange and fatal disease at Kelton
Utah, has beco me very prevalent, producing
great constern alton. Patients die in few
hours.
81 Chicago dogs are great epicures They
won't eat beef when they can get live babies.
This fastidiousness seriously affects the growth
Of population in Chicago.
0A young Kentucky David took his little
sling the other day and deposited stone in the
eve Of a two-year-old Goliah. The child will
recover, but not the eye.
aILast week Congressman Donnan, of Iowa
was inspecting the articles on exhibition at the
state fair there with $40 Of back pay in his
pocket, when one of his constituents, believing
ne had as much right to the money as Mr.. Don
nan, filched it.
0Mrs. Van velzer, wife Of the postmaster
at East Delevan Wis, was arrested on Friday
last by q detective named Huntington, for
opening certain letters Of the mail. She was
carried to Elkhorn, and give $3.50 bail to appear
before the United States court
IA marked difference between the new and
the old (re) district in Boston IL in the particu-
| lar of roofs. The Globe says all the hoseman OF
| the Boston fire department might now be massed
| on the roofs, and have good an Opportunity
| to move from place to place and handle theii
| hose as if on the ground.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24
Sanitary Matters,

PROPOSED NATIONAL HEALTH CONVENTION
ALSO, NATIONAL SANITARY BUREAU, sc.
At the meeting of the Board of Health last
night, the health officer, DIR. p. L. Keene, sub
United synopsis OF the operations of his Office
iSr the week ending September 20, showing
Nulsanees reported, Al; abated, 437; and re-
ferred, li4 Dead animals removed, 81. Num-
Der Of garbage complaints, Is; all abated.
Boxes cleaned by scavenger service, $50; amount
received theretrOm, S627. Number of animals
impounded, 80; amount realized, $3.50.
On the health Off GERS recommendation
THE FOLLOWING PREMISES WERE DECLARED
NUISANCEs,
and ordered to be aJated: Frame house and
premises in alley between Sd and Ith and II 2 nd
Kelly; and the frame sEantv and ID p rem in
the alley between o and z streets and LIST and
ii streets northwest.
NIGHT SOIL AGAIN.
"A communication signed by several seaver-
gers, and addressed 70 the Governor, and by
him referred to the board, protesting against
the late action OF the board in the matter OF
removing night soil; and communication adj
dressed TO the Governor on the same subject
and transmitting copies of resolution and Ordi-
nance passed Oh the 10Th instant pertaining
thereto, was read and referred.
a NATIONAL HEALTH CONYENTIO PROPOSED.
DIR. Bliss submitted resolutions that 1t is the
opinion Of the board il i desirable that a con-
yention, represented by the health boards OF
the United States and Canada, should be as
Sembled Tor the purpose Of consulting upon the
subjects connected with the conservation of the
pnbuc health, and the most etleCtual means of
accomplishing the great purpose contemplated:
and that the committee en- correspondence be
instructed 10 corr aspOnd with the various health
boards in the United States and Canada, with
view TO the meeting Of sucl convention to be
held in the city Of Washington on the - of
january 49,, and report the result Of their
labors TO the board.
A POsTPONENEST.
DR.. Bliss moved that the vote BY which the
resolution and ordinance regarding night soil
was adopted at the last meeting be reconSidered;
agreed 10, and the ordinance was amended 50 as
10 read october u, instead OF October l, for the
change in the mode Of removing the matter.
The resolution and ordinance were again
adopted as amended.
NATIONAL SANITARY BUREAU.
DR.. Verdi offered a resolution, which was
adopted, that this board cordially approves OF
the organization by Congress of a national sani-
tary bureau for the purpose of diffusing infOr-
nation upon all subjects relating TO public
hygiene, and that the committee on cOrrespOn-
dence be Instructed to communicate with lead
Ing sanitarians throughout the country, in
yoking their cooperation in securing suitable
legislation looking 70 the accomplishment OF So
desirable an object. Adjourned,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24

a QUEER CLAIM-S25O, 900 Worth Of Friend
ship.--A curious case came before Judge Fan.
cher in the supreme court, to-day. It seem.
that some time ago Richard Pension, of Phil
adelphia, drew $500 900 in the Havana lottery,
and, accompanied by his friend, +. u. Whitney,
called on the Messrs. Belmont TO arrange the
drawing of the money. When S1l0, 900 remained
in Belmonts hands, Whitney got out an attach
claiming that Pension had promised him $3.50,
600 for helping him to get the money and 70,
advances. Decision reserved.-N. Y. E1prsss
2zd.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-24

NOVEL GAS Bloomington, Ill.
has a gas controversy which bids fair to be un.
usually interesting. On Saturday, for some
misunderstanding with the authorities about a
bill, President Gridley of The gas company, de
clared the city contract forfeited, and ordered
men to take the burners from the lamp posts
and seal up the orifces with wax. The mer
were quickly arrested, and fined $50 each, Grid
lev signing an appeal bond and directing then
to,n 10 Arrest anv one ,nterferny Vita t.
lamp-pOsts.