davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
CONTINUATION OF LEXINGTON
AVENUE,

An Effort to Get the Report OF tho
Commissioners Observation-Disclosures
Technical Objections.
The work OF getting through to successful com.
pletiOn the proposed extension OF Lexington ave-
nue. from 1929 street to Harlem River seems to be
hedged about with interminabe difficulties. While
property owners affected by the Improvement
and those living in the vicinity are anxious
to have the project accomplished, every
thing in the way Of technical objections
seems to be thrown in the way The
question OF confirming the report of the Commits
the opening OF Lexington avenue above lO2d
street came up Tor consideration yesterday III
Supreme Court, Chambers, before Judge Lawrence
Mr.. Andrews, Assistant Corporation Counsel
called the attention OF the Court to the fact that
the act under which the commissioners were
notice IN one or more papers selected
ior Corporation advertising. He objected
in or more OF the city papers, it was not pub
lshed IN an Official organ none such at that time
having been designated. He insisted tnar this
objection might hereafter be considered as e fatal
1rregularity deprlv1ng the commissioners Of juris
dicton and leaving the assessments liable TO be
vacated hereafter by the courts Ii the Court
lty suggested was without vitality to impair the
legality OF the acts OF the commissioners he was
prepared to make the formal motion Tor the con.
OF their report.
Various counsel representing various property
owners owl to whom awards mad been made, urged
the same line OF argument. TO the objection made
by MIR. Andrews they based their opposition on
the TACT that in numerous cases since the passage
OF the act OF 1872 to vacate assessments
imposed on the property or their clients,
IN w hnG tine OF reguary IN adver
by the courts, they holding that all such
were caused by the provisions OF the
act.
at the conclusion OF the argument Judge Law
renee took The papers, reserving his decision
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
UNITED STATES SUPREME COURT.

WASHINGTON, Jan. 80, 1874.
The original case OF Florida vs.. Anderson and
others, involving the title to great amount of
railroad property in Florida, was to-day argued
before the Supreme Conrt, the State maintaining
her right to a restoration of her bonds Issued to
the Jacksonville, Pensacola and Mobile Railroad,
consolidated with many others in exchange for
bonds issued by that road, alleging that the inter-
est has not been paid and that, under the act
authorizing the aid to the road, the Governor is
entitled to take possession, but that lie Is pre-
vented from so dong by che United States Marshal,
who holds 1t subject to q decree or the Circuit
Court and proposes to sell 1t in satisfaction. The
defendants contend that the interests OF the State
were represented in the suit in the Circuit Court
by her Board OF Trustees OF Internal Improvement,
and that she cannot therefore MAINTAIN the pres
ent action. The state asks an order restraining
the sale under that Decree averring that 1t will
defeat her claims to the fund, alleging fraud and
COLLISION. The case involves many millions Of
dollars and is very complicated IN respect to the
represented. H. Il. Jackson appears Tor
the defendants and W. w. Mcfarland for the State.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.

Judge Benedict sat yesterday at No. q Chambers
street, and proceeded to sentence the prisoners
VINO had been convicted during the recent term Of
the Court
Charge OF Perjury.
Mr.. Purdy, United States Assistant District
Attorney, moved Tor sentence upon Oscar +. VAIN
wright, who had been convicted OF perjury.
Mr.. Charles wehle asked that sentence be post
poned, as he understood the prisoner mad made
some disclosures and would make some more. lie
believed that the prisoner was victim, rather
than victimizer. He would ask pOstpOnement
until Mr.. Rowan, who had defended the prisoner,
MIR. Purdy stated that the prisoner had had
ample opportunity to prepare for his trial. He
now, IN mis- extremity, proposed TO explain this
matter, and give them an opportunity to come at
men VINO, as he said, were more guilty than him.
SELF Whatever statement the, prisoner might
victed of perjury. As he (Mr. Purdy) understood,
the prisoner could not be corroborated TO any
man who hired him TO put his name on a false
bond. But after putting the government TO the
expense OF a trial the prisoner could not be al
lowed to go at liberty because he pointed to man
who was not more guilty than himself. He (Mr.
Purdy) was satisfied tnat the verdict was correct.
Mr.. Wehle asked a postpone ment OF this matter
on the ground Of surprise, because he had been in
formed that Mr. Purdy had said that he did not be-
lieve the prisoner was guilty.
Judge Bencdlct-l am SatlSncd With the verdict,
and l have no doubt OF the prisoners guilt.
make this remark in an emphatic way because 1t is
alter verdicts OF jures have established the guilt
Of prisoners.
Mr.. Wene begged to withdraw the remark he
had made he did not make 1t OF mis- own
knowledge. He had not been personally engaged
in the case, aud 1t might be That the disclosures
which the prisoner had made were or were not
satisfactory. Mr. Rowan, who had been engaged
in the case. was not now present. Without saying
anything of the justice or injustice OF the case he
did not think that sentence should be pressed for
now
Judge Benedict-That is a question for the Dis.
trict Attorney.
Mr.. Wehle asked, as matter of professional ia
vor that the matter be postponed until 1t could be
looked into.
Mr. Purdy. in reply. said he would accede to this
appeal and move for sentence on the 7th Oh Feb
ruary.
Sending an Obscene Article Through
the Mails.
Louis Zellner, who had been convicted OF send.
ing an obscene article through the mails was SEN
fenced to one years imprisonment
Breaking Into Post once.
Daniel O'Brien, q boy about eighteen years Of
age. who stated In replY TO the Court. That hs was
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
SATURDAY JANUARY 81, l074TRlPLE SHEET

considered the several subjects Of the dis
charge o. the RIVER "s nasrs from the
steam vessels in the waters OF the bay and rivers
adjacent to this city, the discharge OF liquid refuse
leading into the rivers; the encumberng OF
streets and sidewalks, and the erection OF
aaa oans sne upon the 6
respectfully submit that in the discharge OF the
silt excavated from the docks and OF coal cinders
from the steam vessels into the bay ana rivers
that the depth Of their basin is decreased thereby
and that as consequence their TIDAL and nuviai
the silt and the ashes discharged In this manner
are borne away by the currents and are gradually
deposited in the quiescent portions OF the waters.
arsa and volume are lessened; and, as the result
OF this reduction OF their volume their eroslye &C
ton In maintaining the required depth water over
the bar at sandy HOOK 10 gradually lessened that
in the discharge OF the liquid refuse from the gas
works INTO the sewers OF the streets, and
tween the pes noxous vapSrs are exhaed
detriment Of the health Of our CT Citizens s%s
dise subjected theretO that, while we fully accord
to the imperative requirements OF commerce great
OF merchandise In transit yet the continuous en-
cumbrance OF the streets and sidewalks aud the
construction OF infammable sheds and enclosed
buildings upon the piers Is wholly at variance with
the requirements OF our citizens In the transport
tation Of merchandise and facility OF transit and
in security against fire to the vessels mOOred to
the piers. and to the buildings and property upon
the river streets
Entertaining these views, we present the several
matters referred to as violations OF the law and
prOprieuy, as nulsances demanding abatement,
and that they are severally pregnant with injury
to the commercial interests OF this CITY, nductve
to disease and discomfort to our citizens the
cause oil unnecessary destruction to their prop
erty and involving the loss OF vessels goods and
stores by fire; and we further submit to His Honor
the Mayor and the Departments OF Public Works,
Docks, Health ana buildings their consideration OF
these matters CHAS. Fl. HASWELL Foreman.
THOS. WOODWARD, Secretary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
ed, with costs. Opinion by Judge

,ns.. - ed, with costs. Opinion by Judge
Daniels. -,ran Ann sn,ain va Tho New
ynrr rH1pm OK rsL .. 'gs affirmed. Opinion by
Judge Daniels. ,otte A Panta ar =
David Banks ct al vs.. Chs a. am Sanks to be
order modified so as to dlre.~ tiS .atute. Opin-
paid TO the widow according to 'ne >-
ion by Judge Daniels 100, lam ~
The People ex rel. SfasY Y. Tuttl.N vs.. WinI =. IRE
Daniels.
Henry Alker, Public Administrator. ~oritz
Sal0m0n.-Order affirmed. wish $10 costs -
James r. DecheF and LOrn InGersOlL-Order ~
nrmed, with costs, with leave to defendant to an-
swer IN twenty DAYS on payment OF costs.
Joseph ": savage vs.. Josephine Alieu.-0rder re-
versed, without costs.
me People eX rel. JOab Lawrence va. John r.
Brady, Justice, &c.-PrOceedings affirmed and writ
dismissed.
Newly Pledged Lawyers.
The following gentlemen having successfully
passed their examinations to the Bar were yes
terday duly sworn in as attorneys:-Me WILL
liam y. Dorney. George Tompk.ns, James B. Roe.
EDWARD J. Cramer Hermann Stiefel Emmett X.
Olcott, Walter H. Coleman, George q. Zabriskey,
Charles N. Harris George L. River and Walter 4.
Conway.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
SUPREME COUaT-ClSCUIT-?ART 2.
Verdict OF Censure Against Comptroller
Green.

Verdict OF Censure Against Com I.troller
Green.
Before Judge Barrett.
In yesterdays HERALD WAS given the particulars
of suit brought by Charles Devlin against the city,
TO recover some s32, 900 on contract for grading
and regulating Seventy-pinth street, between
Ninth and Tenth avenues. The Comptroller refused
to pay the amount OF the claim, unless Mr..
Devlin would consent to the reduction Of 50, OOO
the amount for which he was surety on
the bond OF the previous contractor, who
abandoned the job. The jury found that the plain
tin was liable on his bond OF $4,000 because OF the
tractor. and that "the Comptroller was guilty OF
negligence amounting to bad faith in retaining the
papers necessary Tor the levy OF the assessment
and that the whole sum became due. The verdict
was rendered for plaintiff for $2s,252 49, including
interest," the IS, 900 on the bond OF the plaintiff
ing dedncted An allowance of $500 was also
granted. adding this additional sum to the costs Of
the litigation.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
BROOKLYN COURTS.
SUPREME CoURT-SpEClAL TERM.
Yesterdays Decisions.

BY Judge Happen.
Daniel Lord, Jr., va. Sterne ct aL-MotiOn de-
MED with $40 costs to abide events.
The People, DC, vs.. Kaiser.-Writ of habeas
corpus quashed and prisoner remanded.
william b. Lawrence Vs. Oswald Carman.-MO-
ton granted. with $40 costs.
George Il. Roberts vs.. Angelina Decker.-Motion
to open default and restore appeal TO General
Term calendar denied, with $40 costs.
The People ex rel. Mccarthy vs.. the Superv-
s0rs OF Westchester County.-M0ton for manda-
mus denied, with $40 COSTS
BY Judge Pratt.
Norman vs.. Booth-Frv ecases.-MOtion for COM
missions denied, with $40 costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
HARLEM POLICE COURT.
The Twenty-first Arraignment Of n Fee
male ROunder.

The TNeniy-hFst Arratgnment OF n Fee
male ROunder.
Margaret Leddy. aged thirty well known to the
residents OF Harlem as a chronic vagrant, was yes
terday arraigned before Justice Murray at this
Court charged with stealing watch, the property
of George Buell., OF No. 422 East I1sth street. The
complainant Is starter in the employ oil the Sec
ond Avenue Railroad Company, and the timepjece
was stolen from him while sleeping in chair at the
t27th street depot. The watch was found on the
person or the accused when arrested by Of1cer
Dennis, oil the Twelfth precinct. She was CON-
mitted Tor trial In default OF $500 bail.
The omcers OF sne Court afflrm that the present
makes the twenty-frst arrangement OF Margaret
before tnat tribunal on charges varying from in
tOxicaton to larceny from the person. She was
McQuade for terms OF ten, thirty ana sixty days,
nut, In number OF instances, mysteriousiy reap
Deared ~ aer Old haunts before the expiration al
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
SUPREME C0UST-cHAMBERs.
DeClsiOna-

Decisions.
BY Judge Lawrence.
B0dner va. BOdner, Schloeninger vs. Schoe-
ninger.-Reports confirmed and Judgments
OF divorce granted
Wood vs. acknowledgement granted.
In the matter, &C., Freeman DE Long vs. Often
homer. Eagan vs.. Walsh, Schenck. &C., vs.. Ingra-
ChumtrO VS.. Lee, &c.-Receiver appointed.
IN the matter, &c, Young; in the matter, &C.,
New Amsterday Insurance Company, Krikara vs..
Suchy.-Orders granted.
by Judge Brady.
Bartlett vs. McNell.-Granted.
In the matter &C.. Maller.-Memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31

Vile murder ana husband suicide are getting
the 10Th ipst., Rudolph Mitchell cut the shroat OF
bis wife, Annie Mitchell wixh o razor, and then
own throat. Both died instantly. Al Santa Bar
bara, on the lSth W. W. Shedd inflicted fifty staps
holes in his throat ana sent three bullets through
his heart. They WERE both found dead in the house
by neghbors. who mad been alarmed bv tselr
three ChlJreQ.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
JEFFERSON MARKET POLICE COURT.
An Editor I'm Trouble,
Before Justice Kilbreth.

James McDermots' the editor OF the Brooklyn
sunday cypress was arraigned yesterday on
OF the Iiqucr saloon No. 1902 Bowery. The testi.
mopy in the case stated that McDerroott dre~ h,s
revolver 10 protect himself from the assault OF
n. sn named Patrick r. Byrnes, and McDonag Oh
sprA NC between che parties and Was shot accidei-
taiIy u is alleged that Mr. McDermott's wife has
been ms 'ituting divorce proceedings against her
husband an that Byrnes was employed prl-
yate detective to ''w0rk up evidence" Meeting on
wednesday nip,T In the saloon mentioned the
parties had some rot words, which finally ended In
blows and the accid,Qta shooting OF an innocent
party Mr. McDonaph who was shot, is an old ana
heavy man and has bee,S suffering from paralysis
Tor some time He became bail Tor McDermott and
vas at once accepted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
CITY COURI-SPeClAL TERM.
Yesterdays Decisions.

BY Judge Nelson.
Reinhardt vs. Wilson.-Case and exceptions set
tied as amended and filed.
Mary f. Bagley VS.. Bagley.-Judgment of divorce
for adultery granted
SimOnds vs. DIpper.-The injunction must be
continued until the can be heard the merits.
Ryer vs.. Woodward and Others.-New trial
granted The jury were justified III finding that
portion OF the property attached belonged to the
plaintIf, but the evidence tending to support the
claim that the defendants, creditors OF the former
owner, had directed the officer to attach the goods
was not sufficient.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
ESSEX MARKET POLICE COURT.
A Fatal Ga INC of Ma'rblcs.
Before Justice Flammer.H

Patrick Murphy and Patrick Brady, two des-
perate looking young gentlemen OF about ten
years of age, were arraigned and committed in de-
fault OF $1,000 bail on charge Of stabDing Robert
Hand in the back while playing game OF marbles.
The boy Hand is in Bellevue Hospital under treat.
ment, and MS assailants were committed to await
the result OF his injuries.
In Search OF n Truck.
Nicholas Meyer was put under 81, 900 bail for
stealing truck worth 500 from Charles Hecker,
OF No. 15l Ludlow street. The truck was left out
side stable owned by Hecker, and, when the day
light came, 1t was gone. Meyer, OF course. denies
all knowledge OF being concerned in the THEFT.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
IMPORTANT GRAND JURY PRE-.
SENTIMENT.

Harbor Distractions and Street Encum-
brances-Hfnts for the Comm ission crs
Of Docks, Works, Health and Build-
fngs.
The Grand Jury Of the General Sessions ended
its labors yesterday and made the following pre-.
SENTIMENT
GRAND JURY ROOM Jan. 30, 1874.
The Grand Inquest in and for the city and
county al New York having entertained and
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
A Cheap Plan, with Fast Cars. for Each
Avenue.


Te THE EDITOR OF THE HERALD
As the subject Of rapid transit seems 10 be yet
unsolyed viii suggest plan, which TO me is new,
perfectly feasible at nominal cost available in
winter as well as summer, and also to the present
generation in particular. The plan is to place
both the tracks close together, like those OF an
ordinary steam road. In the middle Of the avenue,
and enclose them In an ornamental structure or
wood or iron, with continuous windows from a
bottom line level with those in the cars, and also
overhead If desired. This will leave the cars as
light as day, and thus allow the engineer and
ductor to passengers as well as now, and those
on the street to the car as WELL The structure
to be entirely open at the cross streets. There
being no snow on the track between the crossings,
a small plough on each tenth or twelfth car w0uiu
keep those entirely clear, or the snow could De re-
moved with very little manual labor . .,
1t may be urged that there VIII DC danger ~ ,uo
crossings. No more so than now, II as niucn ue,
souarey on the track. IL may be salds too tnat ~
VIII obstruct the street. TINS is not So ior Mouu
orce each vehicle to keep TO It's own sde, tnereoy
avoiding bOckades, which wouId Only occur Az
CROSSINGS; and, with my car (which VIII nereaiter
explaln) a considerable time may pe aHoWeu DC.
tween cars and still make double the number OF
rims now made, as there would be no distractions
The car above alluded to has been thoroughy
ana practically tested, both on the Northampton
and the williamsburg street railroads, where there
,s grade OF about 500 feet to the mile, and also on
The Flushing apd North Side Railroad, where 1t
received tue highest PRAISE, Then, yQN VIII
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
MARINE C0URT-CHAMBEaS.
Decisions.

BY Judge JOachimsen.
Underni vs. Merchants Lite Insurance Com
pany, ROmmel vs.. World Mutual Lie Insurance
Company Hawkins VS.. Breen.-MotiOns denied.
LOwenbetn VS.. Howe, Whitney VS.. OberndorfY
Richardson vs.. Busslng EMOTIONS denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
COURT or APPEALS CALENDAR.

ALBANY, Jan. 80, 1874.
The following is the Court OF Appeals day caen-
dar Tor February 2:-N0s. so, "a, 95, SO, 90, 90
o. 90.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
SUPERIOR C0URT-SPECIAL TERM.
Decisions.

BY Chief Justice Mcneil.
Eisner vs. Misham, TalcOtt VS.. Bedding, Gurley
VS.. Lews.-Orders granted.
Strits ys. Loeb ct al.-MOtiOn for reference and
receiver granted.
Moses VS.. Waterbury Button Company.-Motion
granted &c. See opinion
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31

.ne sentence imposed. An inquiry into these re-
rcsusea Ia no satisfactory explanation of the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31

ASK, why was IL not brought into pener.t
user For the Simple reason that those en- gage 4.
IL with me mad not the energy TO fight thar hug
bear, 1T VIII brighten horses" when In realty n
Is the poor tlmld man that becomes iriohtened
and Tor fear that the horse would Also ne strenn
0usy objects to the new car, as or yore when rail-
roads first started. The above car is now AZ foi
iege Point l.. l., and Is q common horse car with
a small boiler on the outer end OF each platform.
sheathed ana painted the same as the car body
and provided with throttle valve. reverse lever
and brake on each platform. where the engineer
stands, with un0bstTucted view, like the present
ariver. thereby avoiding turntables. The engineer
Is underneath. with water tanks under the seats
which enables the car to accommodate the same
NUMBER OF passengers, with Tree ingress
ana egress at both ends. without the
machinery have frequently with full load Of
passehgersl brought 1t to q dead stop within
Mehty leet, when going at q speed OF twenty miles
po, nouI, and IL Is sufficiently powerful to draw
aour vi nve other cars on any OF the avenues The
a a pans are also enclosed, so that no fire rs
dropped on the street. Ii all above the bottom of
s n oar WINDOWS be constructed Of iron and glass
ue view view across would be ample. The windows
nay aiso pe 30 constructed as to be let down
u Nv eie summer season In like manner to those
VI VIC car. peneve, from experience that with
tne aooVe arrangement the trip from Chatham
street 10 iorKVuie can easily be made with ALI
stops, IN twenty minutes. Then again. each ave-
nue. HAY nave It's RAPID transit and thna avoid
crosstown travel to reach the car This is nv lar
the cheapest and quickest method that conid he
adopted. T. w TaNGNn X '0
NORTHAMPTON, Mass, Jan. 25 1874.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
RAPID TRANSIT.

Relief in Sixty Days by Surface Roads.
To THE EDITOR OF THE HERALD
The most sensible remarks about rapid transit
which have seen in the columns OF your paper
appeared this morning. The communication was
from lady advocate OF the underground plan.
and it contained timely allusiOn to the fact that
rapid transit has ceased to be a problem-thar 1t
is merely question OF money. Given the right OF
way, time and funds, any engineer of average abil
ity can design and execute useful and enduring
work under ground which shall extend from the
centre OF Brooklyn to the centre of YOnkers The
tunnel, except those portions under the rivers,
could be made nearly as free to sunlight and very
much more agreeable TO OltactOry nerves tnan
the Park avenue tunnel. Candidly the engineer
would encounter many very serious Constructions,
and some staying power, ample time ana a well
filled purse. lt could be finished within ten years
at an average cost OF So, $50, 600 per mile. Such
a work would leave favorable impression upon
the mind OF Mr.. Macaulays New Zeaander ii he
happened to come this way, and think he viii
come; for the lame OF that StupendOus engineer
ing feat in Greenwich street has gone abroad.
The following temporary accommodation could
be made available within sixty days LET the
proper authorities issue an order fOrbidding the
present traffic on the roadways OF Second and
Tenth avenues between the hours OF five ana
seven O'Clock A. NJ. and five and seven P. M. Put
down four tracks OF Bessemer steel rails on each
avenue, and on each track train OF thirty large
cars drawn by two powerful locomotive engines,
one at either end, with COW catcher outward.
Eighteen hundred passengers could be comfort
ably seated in each train. The cars nearest to
the curbstones TO stop every mile, the others to
run all the way through. during the day engines
and cars to remain idle at Houston and Twelfth
streets; during the night at the north end OF the
island. The trains to be run under u full head OF
steam, with the throttle wide open. Many fool
would lose mis- lie in attempting to cross the tracks,
but that should not inconvenience us in the least ;
IL would be a clear gain TO the rest oil the Inhab
tants.
Ii am not rapidly losing two OF my five senses
the railway companies under the root OF the Grand
Central depot, at Forty-secOnd street, own sufii-
Gent 'strongo "old style" rolling STOCK to equip
four avenues. JAMES l.. VEkPLANK, Z. L.
NEW YORK. Ian. %. 1874.