davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1873-11-14
ROsENzWEIG FREE.

Tho Abortionist and Murderer OF Alice
;, Rowlsby Discharged Case 60 be
Brought Before the General Term.
At the opening the Court OF General Sessions yester
day morning the ACKNOWLEDGEMENTS Of Jacob
Rosenzweig again called TO the notice Of Judge
Sutherland by Mr.. William F, Howe who moved for the
prisoners discharge District Attorney Russell
behalf OF The People, asked His to hold Rosenz
weig until he could apply to the Supreme Court for
stay of proceedings 1t his intention to carry the
case to the General Term
Mr. Howe claimed that His Honor was powerless to act
In the matter except order the prisoners discharge,
his opinion which now on file and record OF the
Court sustained the special plea Mr. Ira shacr also
argued to the effect and insisted that the Assistant
Mr. Russell then said that the matter properly
before His Honor, the prisoner not in Court hr
Howe stated that ne had anticipated that Rosenzweig
would be in ate ndance he had taken the precau
writ OF habeas corpus which was then returnabe and
which brought the prisoner properly before the Co urt
That objection being disposed Of he insisted renewing
his motion for Rosenzweig,s discharge.
remark that be happy hold the prisoner If
law would justify that course but the District Attor
ney had failed 70 answer the special pleas inter.
posed by Mr.. Howe and so. under the circum-
at liberty. He would not sllow himself 70 be
from mis- strict duty by public opinion or popular
but would only the dictates OF his Judicial mind
warranted him It was fault OF his that the prisoner
of the Legislature and he bound to apply the law In
the premises and order the discharge
At this the wife and daughter OF Rosen
zweig grasped him fervently by the hand and fairly
the counsel they hurredly left the court
panied py host OF friends
The New York herald., 1873-11-14
MARINE CoU T-Pt at |.
liability Of warehousemen.
Before Judge Joachimsen.


Frank ct al Covert ct al-rhis acdoA Is brought
against Covert Co. bonded storehonse keepers the
value 5000 cigars stored with them not delivered
demand. It that In October 1874 their
house. Nos IA and 10 Beaver street. running through
to Marketfed street. was opened night, apparently
from the inside and about 20v cigars of which these
formed q part carried or The evidence principally
turned upon the question 10 whether proper
exercised by the defendants Upon this point they test
that all the windows and doors securely
fastened anigh and that the reason they did not keep
police authorities that greater security would be oh.
tsned through the police patrol alone. On plaintiffs
part was testified by witnesses that they had passed IN
and out from time 70 time without question: and that IN
their opinion the place not guarded Their
theory that some party had himself durips
inside. Judge Joachimsen charged the jury that i
they satisfied that the defendants took such
property they must md in thei. avo5 otherwise the
favor OF plaintiffs Tor $4So So For plaintiffs, G. II
Machn for defendants, Van winker, Gambler 4 jay.
The New York herald., 1873-11-14
THE coUPirs.
The Suit Against p a Ex.Assistant Sec
IT, .dry of War.
ROe,ENZWEIG SET FREE,
The Case To Be Brought Before the Supreme
Court at General Term.

The long agony Of getting ury In the Tweed
nnay ended After another day of the same old round
OF questions to the new panel which had been sum.
noned for the purpose of filling the remaining
vacant yesterday morning the required jurors were
n length obtained The last juror his at half
past three ocock-a consummatien that brought
relief everybody tor the DAYS proceedings had been
unusually tame. and with episode to relieve 1t OF
heavy dulness At the completion OF the jury Mr.
Wheeler II. Peckham opened the the prosecu-
ton. He spoke nearly two hours viii finish this
morning. He showed the alleged processes of raised
bills and forged vouchers through which II is claimed Mr.
Tweed and his ring associates transferred successfully
from the city and county exchequer their pockets
many millions of the peoples money Judge Davis
before Adjournment renewed his caution 10 the jury'
against talking about the any OF the officers ac
eompanying them allowing any officer TO broach use
topic 10 them If any officer should be thus derilect he
asked that he be reported and he said he would sendhs
case to the Grand Jury at once
Yesterday Joseph McCleand and julius Clonene;sc
men belonging TO the American schooner Snowflake,
held by Commissioner Shields TO answer s<thArse
muny disobedience of the orders OF the Captain
on the complaint of General H. c. Harmon, special
agent Of the United states Treasury Department. Theo
dore Van Branson held for examinations by Com
missioner Shields charge OF having attempted to
bribe witness in the of the United States VS.
Gustav Hubner. Bail was given by defendant
Yesterday in the United States District Court befoEe
Judge Blatchford in the Of the Unitsd Stately
Gustave Hubner-which was action cover money
obtained alleged fraudulent bounty clgmsthe Jury,
by direction Of the Court found verdict flor the govern
Ment for $1,000
The brought by Charles Guide sgainst the city
for pay paving First nss resulted. in tn
Comptroller having TO pay the full ,amount claimed.
kr. Guidets original bill $62, ,6l2 s5 and the Comp
roe had pay the way of interest and costs an ad
dtiona of $9s6l s3-another Instance ofEwhat Mr.
Green's litigation costs the city,
The New York herald., 1873-11-14
Interesting to sportsmen ON Long Island
aud to Poachers.
Before Judge Joseph F. Barnard.

Before Judge Joseph Barnard.
The South Side Sportmens Climb VS. John Kortright-
This acton tried at Riverhead and presents some
interesting features for sporsmen and owners OF fishing
preserves Long Island. The plaintiffs, the well known
shooting and fishing club Of which Recorder Hackett is
President and John E Devlin counsel, 900
sporting preserves in the town of Isp The
fendant fisherman Of Amtyville Is miles west
of the club grounds On the night of Sunday 10th March
last-a windy rainy empcstuous night-he in company
with three other Amityvlllians detected by one
OF the clubs boatmen on watch in drawing a net in
the soS Int y This
Of the waters of the club in which the exclusive
's
s5 ayy ss night @ sHa is 9s %hs
&
s%sng ' ana Their g
The value fish taken was about So rasnes poer
sa Pm %1 o Ss 1 as i Hn
venerable piece Of documentary evidence was produced
Rns sns sssRr sso
'Hsss ac
OF islp on the west with the south Bay for i southern
island ssaaasy a%s ns
and Tsa Rs @ tie @ 81 T.
william Nco, now residing upon and still owning
S19MS
IN and hws na the SoOn
chance and Learned in the law" Here are some
OF the things granted In addition to the land Marses
pools, ponds lakes fountains. waters water courses,
coyes iniets outlets fishing, towing, hunting aud
hawking" The club was owner under this patent and
the Judge held that, although claimed BY the defen.
dan in the Connetquot Creek the tide ebbed and flowed
the Crown had right TO and did grant Nicol and his
grantees the exclusive right Of fishery these waters
snd that this right belonged TO the CLUB and mad been
In damages The Game laws limited the recovery ior
most Of the jury were in favor of awarding that
amount but that one Of them who did not think the
owners of trout streams which they had expended
thousands of dollars had any rights which a Long
Islander was bound to respect kept his stubborn
fellows. cold hungry and uncomfortable, out for an
entire night.
means fond OF outdoor sport with and rod because
they now rest assured OF protection In the enoy
men OF their property, and that their fishing privileges
will be respected and reserved for their and their
friends enjoyment.
The New York herald., 1873-11-14
Three Youthful Till
COURT CllEHDARS-THls nay

SUPREME CouRr-CIscurr-Part 2--Hed by Judge Van
brunt.sos E4 26l0, 2682 2662 252 1866 g7Ok 1924.
SSss aS naa ssn "a sS9 Ss4 M M2ss lsS ds 1856 aao 1854
SUPREME CocRT-CHA xBgRs-Hcid by Judge Rarrett =
Nos 3 u o. T. T. rs, 7sa<, LOG, i0s iIs Ia is2 iss
surxRroR Couar-TRiAL Txsx-Psrt I-TIed by Judge
Curtis-Nos de 1901 g7+ lA, lI42 ll99 Ii62 fI67 s67
liz 1888 leA ISL 1892, 1923 1866 ll70 O22 1915 Ig04
,lss lss l5s & i% 1850 1855 I9' s7s 1875 1883 5ss
lzss iis l! isl7 1870 1890 1000 is i7ss iasl iSss
800 iai, lt6 1898 lll7, i27I. i279 ll2 1919 Part y
is1l Ts2 ~. sss % Iss slt, 10, 5ss 7.s 7a, 80
Judges DAILY. Loew and Daiy.-Nos s3 is III. liz TX
~ y ~ iz ~ ~ lS L. 70 a. So 6s 7s 25 is5 Isl is0 i9
CousI oY Cosxos PLeAs-TnIAL TsRs-PartI-Held by
yuase ~ Eoons9n-Sos s s, @ M 2f6 H ss5 z3s4 2 32s,
BIZ 80 ,J a51 .sh By Judge
igSs ~ 2ss2 29o Part 2-Iied by Judge Gross
1854 slss S zs3i 2935 1871 1893 2af6 2947 29xp 1855
295y, 4y6l zy6S z6I Part 3-cd bv Judge Curtis
2so Me7 go %s 1862. 274, sSS2 Soss 275s 3Ii4 2ss
The New York herald., 1873-11-14
MARINE CoUaT-pAHT 3.
Doing Business Under a Fictitious
Name.
Before Judge Curtis.


william K. McClees Henry r DemilG-Tbis action
brought by the plaintiff the $5 II
goods sold and delivered to the defendant appears
that the plaintiff is the manufacturer of celebrated
brand OF iron, known BEST Refined American X.
and that the goods and merchandise sold by him
the defendant consisted of different bills this
Defendant up first that the plaintiff had violated the
of the state in this that he had done business
under the name of McCees Co.. when there really
plant on that ground second, that the iron
this defendant had been much damaged and defend
ant also set agreement the part of the plaintiff
to deduct from the amount OF the bill in controversy the
extent of the damage sustained by the defendant In
sequence of the interior quality of said iron during the
whole period OF their dealing The Court instructed
jury after denying the motion to dismiss that while
plaintiff might have laid himself liable to the penal
visions OF the statute 1t not In the udgme of the
Court bar to the recovery by plaintiff OF the value of
the goods actually sold and delivered by him to
defendant and OF which defendant had the benefit that
the question WAS new one and the Court desired, il in
error 10 have 1t permanently decided in review that
the defendant could not recover any damage except
the identical bill OF goods in controversy unless he esap
reduction OF the bill sued the amount of damage
bill goods in suit distinctive separate isolated
sale and delivery that II defendant established
relied he could only recover the
of damage actually sustained that the damage must be
positive definite and certain and
dict for plaintiff for $30l OIL.
The New York herald., 1873-11-14
MARINE C0UaT-pART 2.
Before Judge Gross.


fr Action Against . City Marshal.
Andrew J. Powell vs. A. Aarons of the Marshals
OF the City of New YOrhIn june 1870 Jacob Strause of
this city. obtained Judgment for $S4 against Jacob "
Seaman, of Brooklyn. On this ju gment warrant of
issued and placed In the hands of the
defendant, who seized from the possession OF Seaman,
span of horses wagon, set Of harnesses and two
blankets The pisintin who is q relative of Seaman,
cansthat the property seized was covered by chstel
alleges that in May ls Seaman, being greatly indebted
since that time has been in his employ At salary OF SO
Marshal at public auction. fourteen days after was
seized and bought by the plaintiff for S343 So and he
brings this suit the $Sz3 So which he paid
It. $ the time 1t detained in the custody of
the Marshals The defendant claims that the mortgage
and bill of sale executed by Seaman for the
defrauding his credtors that the bill Of sale
in tact executed until after the property seized and
that the mortgage was not valid, not having been
newed until more than year after II was fled
The Court charged the Jury that the mortgage which
filed April l. 1870 in order TO be valid against the
creditors of Seaman should have been renewed within
the thirty days preceding the st of April 1871 whereas
found however the evidence. that the ownership
OF the property actually transferred Seaman
Powell BY the bill of sale, they would find verdict
the plaintiff but they were satisfied that the property
belonged Seaman at the time it seized their
Dict of course, would be for the defendant The
found verdict the plaintiff for $343 80 with interest
from the time OF the sale
The New York herald., 1873-11-14
TIE METHODIST MISSIONS
Appropriations for the Work or Prose.
lyting.

The General Missionary Committee Of the Metho.
dist Episcopal Church continued its session yes.
terday, Bishops Ames and Bowman occupying
the chair In the morning and afternoon
respectively. The Committee on East In.
dams Missions recommended the sppropria-
ton OF s37,944 for that section or the
world. After lengthy discussion s34. 4s2
with $1,000 as q contingent f1nd, was voted Outer
India received 5000, and the Bulgarian missions
5000 for the cause. This made the total appro-
prations for all the East Indian missions t7e,378
Italy received 1900, with $4,000 for the cxten-
sion OF missionary work. The question OF with
drawing the American superintendent OF Italian
missions was taken up and gave rise TO lengthy
discussion. Dr. C1oke, OF France, made an appeal
in behalf OF French MethodisIn.
The Secretary or the General Committee then
stated that the amoufn sf money already appropr.
ated amounted TO $34l, 7S4, including exchange.
Canton. China, asked sor $4,000, Mexico Tor
$4,000 and Inter-Afrlca fo- 900 which would
swe the sum by $42,6 500. or 1854 2S4. The grand
total last year was s373,s25. The swedish and
Norwegian AetnOdHt missions " the Ssrshwest
The New York herald., 1873-11-14
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.
Before Judge Blatchford.

Before Judge Batchford.
Levi Decker, billiard table nufacturer. took pro.
ceedngs to enoin billiard players and others from using
tables having what Is known the patent wire cushion
OF Matthew Delaney. The Delaney cushion had been
very extensively introduced and the several parties
using twere made parties to the suit Of Decker among
others Albert GARNER the champion player and Cye
Dion and the proprietors Of the leading billiard
resorts hroughout the city The application for the in
Junction was very urgently pressed the Decker
counsel contending that the patent Of Decker IN
1856, covered the Delaney patent The hearing in the
matter occupied several daya The OF Decker had
been previously sustained by Judges Blatchiord and
conclusive evidence not presented in the previous
showing that the Decker patent could not be
control the Delaney cushion and Judge BIatchford
tsrday denied the application for the Injunction leaving
the players and the fraternity TO continue in the
Delaney patent they choose. Albeit 4 Fuller APP
peared for Decker and z N. Dckerson and c. G. Bea.
defendanfs
The New York herald., 1873-11-14
CITY CovaT-TaNL TERM.
Dangerous EquesIria nism Knocked
Down by . Runaway-MOre Equine
EccentriCitfes.


Down by y Runaway-MOre Equine
Eccentricities.
Before Judge Nelson.
On the 20th of May last James Drum was walking
along Maspeth avenue, Brooklyn, when he was
knocked down by . horse owned by william Heidt
of Maspeth Queens county which Heids was riding
At the time Resut--Drum had 'his nose broken, his
shoulder tongue and hand lamed and large cash cut
under his eye" This terrible record OF his injuries ap
peared in his complaint yesterday when he sued Heidi
Tor $4,000 damages DRUMS face certainly presented
evidence OF rough treatment His crushed down
at the bridge and there large scar under each Of
NAL and invaded the side path OF the avenue TO attack
him appeared during paintlff's testimony that after
the accident the defendant offered to compromise the
matter by giving him $50 aud paying the Doctors BILL
The defence that the horse away. and that
young Heidi unable to control It, While the animal
dashing along the the rlder shouted to Drum
who however, did not get out OF the way soon enough to
avert the accident
General Crooke, for the defence, wanted to make a
motion for dismissal of the complaint, the ground
that the summons served in Queens county while
the cause OF action arose in Brooklyn. The General
Judge Nelson declined to entertain any such notion
saying that the must be tried the question OF
ligence. The Judge also declined to allow the stenog
rapher to note the fact that he declined to entertain the
motion
General Crooke then addressed the Jury and in the
of his remarks touched upon equine eccentric
ties. Some horses easily frightened and ran away
while others were Tar different; in fact horses
queer women in their actions The jury smiled and
nodded .approyingy; but when Counsellor Daley ad-
del approvngly.
The New York herald., 1873-11-14
COURT or OYER AND TERMlEeB.
Sheriff VILLA ms, Indictment.

Before Judge barnard
Mr. b. +. Tracy, counsel for Sheriff Williams VINO is
indicted for frauds the county by overcharging for
prisoners boardn the Jail appeared in Court yeser
day. having been notified by the District Attorney that
the would be called The District Attorney himself
was absent but his Assistant represented him.
Judge Barnard Inquired what plea the defendant
entered
Mr. Tracy replied mot guiltyn and sand that he would
like 70 have the tried soon possible as It was
q very important case.
The Assistant District Attorney Mr. Cullen did not
like, In the absence OF Mr. Bron to take the Response
biliy of fixing DAY That matter rested with the DIS
trict Attorney.
Judge Barnard inquired how week from Monday
would suit counsel
Cullen said that the Court Sessions would be en-
question of day OF trial be lett until this morning
Mr. Tracy did NOT dcmur, and the case went over.
Released.
James Merrigan, who is indicted for alleged com.
picity with his wife In the murder Of Margaret Ham
mill in the Eastern District last September finally
released YESTERDAY, having furnished bail In $40 "a
await trial HIS sureties James Flaherty John
Kearns and John d. Learyall Of the Eastern District
The New York herald., 1873-11-14

which was intended for the benent OF the city excl US
lively
Mr.. Tracy, for the Park Commission argued that the
construction of the acts the Commissioners had the
power the people OF the town OF fiAtbush
the incurred In the taking OF lands
the Park and for its constructon and whether the
violation OF that section Of the constitution
which declares that bill shall contain but one
contended that the Of 1868 intended TO provide for the
by words outsiie OF the Park in one sections.
Judge Lott argued against the motion also, and the
Court reserved decision, -"
The New York herald., 1873-11-14

nj he had meted out 10 this old gentle
IN sv II was The Jury would, no doubt manf very
niantiff who been captured by " % justice 10 me
awess power Politics had nohine - brutal hand OF
dns dnsy witn ability and mpsr would dischaIge his
poo W he had endure sd with Indignation a. the
read As 10 the dame a under the order that had been
mind the ury tba scs they to give. let him re-
hnan iibe rty shey were here assessing the price OF
friend Of theS a. he could point them TO some dear
been dor - upon whom this ioul wrong had
Lei ~ seriously home to the consideration Of the Jury
ce. ~en imagine themselves in the position Of this old
y Stleman, who was suspected m the dark brooding
sran oil Edwin M. stanton to have been implicated IN
the assassination of that great and good man. MT Lin
com Yet there was not particle OF proof IN tne ar
chves OF the government to support such gross
non With brutal erocity he was deprived OF tne INNS
uaons OF his dear daughter. and hung into lo9i ou-
geon where he was confined for months oosen % en-,
whom he was incarceraed The Learned counsel drew
an eloquent picture OF liberty He adyereu 70 the pas
tile, which had been described by writer As
place where the etrociies OF corrupt ana coid
buodcd aristocracy had been executed. An oiu maj
was confined there forty seven years because ne
said something offensive 10 that ustul tyrant LOUIS
who had dshonored the wives and OF rrenc
citizens Yet there was not this excuse for ningng
Mr. Lamar into prison. There was nothing agsnst MIN
but the suspicion Mr.. stanton Counsel closed Win
illusions 10 the liberty that had existed IN Rome aho
Greece contendlnG that II American citizens Decame
unmndf OF the freedom they enjoyed or put up Win
oppression, their country would surely meet me
| 10 their indifference TO the principles OF liberty.
At quarter past O'Clock the Court adjourned 10
this morning when the case will be submitted 20 the
4
The New York herald., 1873-11-14
SUPREME CouaT-TaAL TERK-pAaT 2.
Another Verdict Against the City.


Before Judge Van Brunt.
In August 1863 Edward Healey while passing through
Forythir street. between Tenth Eleventh avenues
fell into cellar being ding for building His spine
was badly injured, disabling him from work He
charged that the accident caused mpe rfect
condition of the and brought suit against the
city, claiming $4,000 damages The defence was that
Healey was intox and thus fell into the cellar The
result OF the trial yesterday, which shows the de-
for Hea
The New York herald., 1873-11-14
COURT or GENERAL SESSIONS.
Daring Larceny OF q Lady's Pockethook
in Forty-second Street.-The Thief Sent
to Sing Sing.
Before Judge Sutherland.

OTty esccOhu 6tTccN-Inc In1ef sent
to Sing Sing.
Before Judge Sutherland
Most Of the day spent in the trial Of Daniel Ma
honey, who charged upon the complaint of Miss
Mary Hill with snachng, the 3oth of October at one
O'Clock, pocKetbook containing $3.50 She was passing
through West Forty second at the time Miss Hill
pursued the prisoner, but failed capture him In the
evening however, she called at the Fy.ninh street
station house, and not knowing that Mahoney was In
custody at once Identified him the thief An officer
nad arrested him, 1t seems, upon another charge but
that evidence ruled out Mr.. Howe called three wit
O'Clock on the day Of the robbery the prisoner at
his sister house in East Broadway. The Jury deliber
ated only few moments before they rendered verdict
afterwards said that Mahoney has been PROFESSIONAL
car pickpocket for years and that New York well
rid of him.
Larcenies.
Robert Key, who the s0th of August stole $40 and
$sO worth of clothing, the property Of John Morgan
pleaded guilty to an attempt at grand larceny He was
sent 70 the state Prison for two and six months
Michael Larkin, alias Hanlon pleaded guilty 10 A
October he stole watch worth $50 from William Chan.
man. His Honor sentenced him to the Penientary for
two years and six months W
ON motion Of Assistant District Attorney Allen Charles
Barker indicted for larceny DISCHARGED on his own
recognizance. 80
Conviction Of Three Youthful TIL
Tappers.
Three youths named Thomas Finley alias "wittv Tom -
Christopher Dunnigan alias Blind Joe and Thorn "a
whittemore alias the "Cobbieru were tried unon a
charge of stealing drawer contain no s1f tron
the liquor store Of John f. walsh. No I2i Charlton
street ias hour IN the afternoon the jury rendered
state Prison for two years
The New York herald., 1873-11-14
COURT OF APPEALS.
Albany, Nov. l3, l573.

ALBANY, Nov. Is, l57a
The following rule was handed down.
Ordered-Motons for reargument will only be heard
notice to the adverse party stating briefly the ground
upon which reargument Is asked and such motions
must be submitted printed briefs stating concsey the
points supposed TO have been overlooked or misappre
hended by the Court with proper reference to the par
cuar position Of the case and the authorities relied
upon, and counsel will not be heard orally.
Calendar for Ta-MOrrow.
Court OF Appeals day calendar for November "A Nos
IS, s., ~, IS, "a, ~, l01, l02
The New York herald., 1873-11-14
NEW YORK HERALD FRIDAY ls7s-TR PIE SHEET

next received the attention or the meeung. Tney
were provided with an Increase over their last
years. allowance. The work among swedish anu
Norwegian sailors In this port was aided 10 tne cA-
tent OF $S,0O0
The General Committee win reassemble again
TODAY.