davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
BROOKLYN COURTS.
EXTRAORDINARY OYER AND TERx1HER

The Indicted Commissioners OF Chs rites.
Before Judge Daniels and Associate Justices voor.
hees and Johnson.
The trial Of the indicted Commissioners OF Chari-
ties, Messrs. Ferguson, Powell, Cunningham and
Wills, was fairly opened yesterday morning. The
attendance OF spectators was large. Counsel for
defence filed their written plea against the juris-
diction OF the Court, and their challenge to the
array ofjurors. These objections were raised on
tuesday. and Judge Daniels overruled them
they would dle them on the following day. yester-
day. N .H .#
Judge Daniels, before District Attorney Winslow
proceeded TO open the case for the people, said
that he deemed 1t advisable In consequence or the
great interest and Importance OF the case to keep
the jury together during the tendency OF the trial.
The jurors, however, would be provided for by the
0ff1cerS ana furnished with every facility for com.
munication with their families. .M
Mr.. Winslow then opened the case for the people
at considerable length, commenting upon the bad
reputation which the Department OF Charities had
borne, and stating the facts which the prosecution
expected to prove. He said the charge against the
defendants in general effect was waste and fraud.
supplies to the poor OF Kings county. They viO-
lated the law In not advertising tor proposals. and
paid excessive prices Tor the articles purchased.
The examination OF witnesses for the people was
then proceeded with. The testimony was princi
paly confined to the routine at the meetings OF the
commissioners and the passage OF certain bills for
goods The defence raised several technical Objec.
tiOns to the Indictment, but they were 0verrued.
The trial will be Con tlnued- today.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
henry BERGH.

Mr.. Bergh ut tho Special Sessions.
Yesterday morning Mr.. Bergh, or, as he will have
It, .the representative OF the District Attorney and
the Attorney General" was in the Court Of Special
Sessions and was, as usual anxious to have his
cases Nos. %, and made Nos. ], 2 and s. In fact
he ordered the Court TO try them first so that he
might get out and make new arrests. The Court
told him that that his cases would come on In the
usual order. AS Judge Fammer is rather slow in
disposing OF business Mr.. Bergh had to get
up again and moved to have MS cases
request and the Court went on very quietly until
case No. 20 was reached. Henry Bergn, Thomas
Rooney and James Bravick," cried Mr.. Johnston,
RAJ, Mr. Bergh began to talk OF the 'awiul atrocity
unprecedented mallgnancy and superlative bar
swore that the horse which Messrs. Rooney and
Bravick were driving was FAINT feeble and
emacated." and also that Bravick had logged the
horse most numerically. BY defendants counsel
1t was brought out that the 'unmerciful nogging"
consisted OF two strokes OF an ordinary whip.
Then Mr.. Bergh said It was the CIRCUMSTANCES
9 va wnen the 70 N
the pavement where sewer had lately been laid,
leaving sort OF ridge on the roadway. 1t now
began to disclose through the testimony OF Bergh
himself that he had the man arrested, net so
much for licking the horse as for calling police
man to arrest him. N4 aEt r r9l4
in this way my man and were driving along,
wnen my attention was attracted ov q man COM
ing from the sidewalk, who aiterward took our
horse by the head and stopped him. He asked
why my man had hit the horse, and the man told
him because he wanted him TO go. The man who
had stopped the horse never said who he was or
showed his badge. he examined the
horse, and as l thought his interest in
me and my horse greater than the
circumstances warranted called policeman to
arrest him. When | began to talk OF arresting
him he began to call me names. They were very
feeble and did me no harm. First was a horrid
Irishman' then ian ignorant foreigner and the
compliments wound up by his telling me that
freshmen had no right TO drive in the streets OF
New York; they ought to stay at home and tror
themselves around q bog.n Ian ffssN
The prisoners were discharged, Judge Wande
intimating that love OF animals could be cherished
10 such degree as TO produce monomania. Il
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
SUPREME OOURT-OHAMBERs.

The Rock Island "PoOl" Again IN Court.
Before Judge Lawrence
Full particulars have already been given In the
HERALD OF the suit brought by Earle Saltonstall,
brokers' claiming some 100000 from George s.
Scott W. E. Strong, Cornelius K. Garrison and
several others on accoun. Of alleged losses through
the .'poor' claimed to have been got up by them
IN June, 1877, in Chicago, Rock Island and Pacific
Railroad stock, and through which It Is averred
the parties to the pool made over half million
terday-one that the plaintiffs be compelled to give
the number OF the certificates bought. and from
whom bought and to whom sold and the other TO
strike out that portion OF the complaint alleging
conspiracy and fraud. After quite lengthy argu-
ment, in winch Mr.. William H. Anthem opposed
the motions and Messrs. Marbury and Bennett
urged them, Judge Lawrence took the papers.
Decisions.
Barston vs. Hansen; McMurray vs.. McMurray;
Tucker vs.. fucker; Goold VS.. Martin; In the Mat
ter &C. Harper; United States Rifle Company vs..
Hovey: Brandt VS.. Altman Erie Railroad Company
VS.. Archer Salmon vs.. Allen.-Memorandums.
Murphy VS.. Paddock; Martin, DC, VS.. Hargous.-
Granted.
Never VS.. Lebhard.-Refused.
Friend VS.. Riehl; Rockand County Nitro Glyce-
rine Company vs. Sweet.-Motions Denied; $40
COSTS
Rodger vs.. Putnam.-Motion denied, with $40
COSTS tSee memorandum
Bouton VS.. IsraeL-Granted, with costs.
SUPERIOR COURT-SPECIAL TERM.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
A NEW EPITHET.
From the LONDON Times.

from the LONDON TImes.I
Here ia small fact showing to what lengths
party spirit Is carried in France. More than
fortnight ago French antiBonapartist paper an.
nounced that in the examinations which had been
held at Woolwich the Prince Imperial, out OF
twenJy.seven cadets examined, had Just scraped
through as No. u and ha1 proved to be what In
France Is termed un Jfuit Sec Most OF the jour.
nails hostile to the Empire reproduced this piece OF
news, which caused considerable sensation.
Since then It has become known that it was with
out the Slightest foundation and that the examina-
lions 10 Which reference was made had not been
held NJ all. But not one OF the papers which had
publlshed the false news chose to recfy Its state
ment, and the Bonapartists dared not do SO, lest
they should not be believed. so that for the
present the Prince Imperial continues TO be known
as no. y, assigned to him by the fancy OF an
uninendly Journalist. We believe the TACT to be
That the Prince, who entered The Academy very
III prepared, has risen to be the seventh OF MS
class, aud that ne manests considerable ability,
especially III mathematics
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
TOO MUCH TARGET FIRING.

To THE EDITOR OF THE HERALD
or her militia New York Is justly proud-proud
OF her citizen soldiery, proud OF her war earned
laurels, proud Of her battle stained trophies In
patriotic appreciation none surpass the writer,
and IN time OF necessity none would more gladly
surrender every comfort and convenience for the
general good. But war Is ended, and when the
citizen, latigued and exhausted from the work OF
the day, returns to the peace OF home, TO dream,
perchance. OF bivouac and battle field, is 1t
sary, submit. Tor hun to be annoyed, whole
neighbornood to be dlsturbed-nay. almost dis
tracted-by the rife practice OF a regiment seeking
to win undying honors and Creedmore prize !?
Fourteenth and Fifteenth streets, from Sixth TO
Seventh avenues, are subjected to q nuisance
night after night, week In and week out, which
these warm nights, especially is becoming more
and more tntoerabie.. Property is deprecated,
pleasant homes abandoned, stores lager beer sa
looms, "armory wine rooms" and disorderly
houses are creeping in, and what was once most
peaceable and quiet community Is fast becoming
worse than "howiing wilderness" Really, Mr..
Editor, Is there no redressY
NEW YoRK. June 4, 1874. Ta Is
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
A DEAD TOWN.
from the Richmond ENQUIRER

From the Richmond Enquirer.l
On the south side banks OF the noble and pictu-
rescue Rappanannock, about thirty miles below
the historic town Of Fredericksburg, Immediately
opposite the time-honored village of Port ROYAL ia
the little town known as Port Conway. There is
nothing in the appearance OF the place Itself to
attract the observance OF the traveller; yet II It's
history were generally known, so full Is 1t OF his
toric interest to the people Of this state that Its
visitors would no doubt be numbered by hum
dreds, In the Colonial days OF this once pros
porous "Old Commonwealth" Port Conway was
q town OF no little impOrtance; and, although
never densely populated nor covering large area
OF country, its Importance as an importing aud
exporting mart was felt not only in this state but
abroad. In later years Its history Is made OF
greater interest to US oy reason Of its being the
birthplace OF that iIlustrlous statesman James
Madison. The town was Iounded by Catlett Con.
way, the maternal grandfather OF Mr.. Madison,
after whom II was named. None OF the old citi-
zens are now living and but few houses are stand
ing. The house in which the great statesman was
born has long since crumbled into dust and the
ground on which 1t stood Is now used by its owner
q a clover neld.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
ESSEX MARKET POLICE COURT.
His Honor Wants to Know"
Before Judre Rixhv


His Honor Wants to Know"
Before Judge Bixby.
The mysterious way In which women who have
been regularly committed to the island by the differ
ent magistrates speedily return to their old haunts
and avocarons mas Tor long time puzzled the
Police Justices, and they have come naturally to
regard it as the result OF some derection of duty
on the part OF the Commissioners OF Charities and
Correction or their suDordinates. Two cases par
ticuarly engaged the attention OF Justice Blxpy
this week. On the 1Stn OF May, Kate Devine was
arrested, charged with dlsordery conduct and So
ncitlng men on the street. At that time she was
committed in 81 600 bail for future good behavior
for the period OF SIX months. Bail was furnished
and on the oath May, about one week AFTER Kate
was again arraigned on q similar charge Judge
Bixby tried TO have the bail first given forfeited,
and again held her in like amount. This time,
bondsmen not being forthcoming. she was sent up
to the island Tor SIX months. The day before yes
terday Kate made her third appearance as de-
fendant on the same charge Mary Lawrence was
arrested Tor lntoxlcatlOn and disordery conduct
about Q week since ana sent to the Workhouse
for three months. Day before yesterday she, too.
was placed az the bar CHARGED with repetition
OF the offence. Judge Bixby, in order to investi-
Market, and issued order to the island officials
TO produce the bodies OF the two women before
him. Yesterday he received communication
signed IS. w. Foster, clerk" stating that Kate
Devine had 'eloped' from the island on the 2Sth
and Mary Lawrence on the 30tn ut., with which
Information his Honor had TO be content for the
present,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
PENSION PAYMENTS.

Large numbers OF male and female pensioners
thronged ut the southeast corner OF the New York
Custom House yesterday morning long before day.
light and formed in line to await the opening Of
the Pension Bureau. At three O'Clock A. M Mr..
butcher, the Pension Aren't had the doors opened
and the quarterly payments commenced. About
300 checks were issued yesterday, which Is not
quite one-eiGhth OF the number who regularly re-
ceive payment at this ONCE. Most Of the payees
are veterans OF the late war their heirs Those
OF 1872 do not usually appear until the third or
fourth day few OF the latter class, however,
Lewis ,Lounsbury. Many prominent gentlemen
called at the Pension once and witnessed the
issuing OF checks to the applicants entitled to
ceiye them.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
SUPREME ooURr-o1Rou1H.
The McCue-Barnes Libel Suit.
Before Judge Tappan.

The McCue-Barnes Libel Suit.
Before Judge Tappan.
The suit of City Judge McCue vs.. Demas Barnes
to recover $4,000 damages for alleged libelous
publications In defendants paper, was suddenly
brought to an end yesterday by q settlement be-
tween the parties. The defendant agreed to pay
the plaintiffs expenses OF this action, and ex-
ecute and publish complete retraction. The
retraction was read in Court by plaintiffs
counsel. In 1t Mr.. Barnes states, among
other things:-'These articles were published
without my knowledge or authority; it
was not intended IN any or either
OF them to say or intimate, nor have ever be-
lieved nor do l now believe that you had any con-
nection with, participation in or knowledge OF or
are in any way responsible for the embellishments,
frauds or populations which are alleged to have
been committed either upon the Brooklyn Trust
Company or the city OF Brooklyn. The steps taken
by you after the misfortunes Of the Trust Com
pany became known for the protection of its
assets and Its interests have never doubted were
timely and proper and dictated by q desire to DO
your duty to Its stockholders and creditors 1t is
proper to add that my counsel and accountant
have, with your concurrence and assent, had &C
cess to the books and vouchers OF the Brooklyn
Trust Company relating to the transactions with
the city and with yourself and to your private
check book and have carefully examined them
and nothing was discovered In any degree re-
necung upon your character as citizen or mag
istrate.n
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05

stern or the Carrie Reed. the PRESIDENT took
line rom the Carrie Reed, from the starboard
quarter AFT OF the Carrie Reed to the stern bits OF
the President, the stern OF the President heading
towards across the river. with view as the
Niagara should back to have the President go
ahead, and by pulling on the line keep the side
the Carrie Reed which was next to the pier from
unduiy pressing against the pier as she was
backed out The Niagara backed out. rne Niagara
backed and the President pulled until the Carrie
Reed had gone out q certain distance, when the
President swung round, sim holding last
sell along the side Of the Carrie Reed.
with her stern pointing the same way with the
stern OF the Carrie Reed. While the Carrie Reed
ana the tugs were in this position, the steamer
Electra, the vessel sued in the nrst above-entitled
suit, owned By the libellants in the second above
emitted suit, came down the East River from the
eastward, on trip from Providence to New YORK,
and she and the Carrie Reed came In collision.
Inc port side OF the Electra, at some distance att
from her stern, came into contact with the Carrie
Reed On the part or the Carrie Reed $4,000 dam
ages are claimed, and On the part OF the Electra
$l,5O0. After reviewing all the facts and crcum-
stances OF the case, the Judge says there must be
2 decree for the hbeant in the suit against the
Electra. and the libel in the suit against the
Niagara must be dismissed. w. r Beebe Tor the
Niagara and the Carrie Reed, and E. G. Benedict
and K d. Benedict for the Electra.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
THE COURTS.
Singular Case Of AdOption---A Discovery
and Fight for Fortune.
LDECEASED NAVY CHAPLAIN'S MONEY
Decisions in Admiralty
Collision Cases.
BUSINESS IN THE OTHER COURTS.

In the United States Circuit Court yesterday, in
an argument before Judge Nathaniel Shipman, In
q patent suit, involving the right 70 make GER
tain fre-arm, counsel stated inciden tally that
what Is now known as the Prussian needle gun,
was the invention OF an American named Smith,
who took 1t to Prussia because the government OF
the United States declined to avail themselves
OF IL.
Several suits were tried yesterday in the Court
Of Common Peas against the city, in all OF which
verdicts obtained for the prosecutors. In one
OF the SUITS the principle was established that
when the Common Council have raised salaries,
the city must pay such increase.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
Action for misrepresentation.
n.r.ro y.,<1-c Anvx,


Charles Stirling vs.. Christian A. NicilolL-In Sep
TENDER, 1873, one Flynn, who had been in the en-
ploy OF the defendant, purchased rom nim
liquor store, giving mortgage upon IL In 0y.
ment, and was thereafter for some time supplied
by the defendant, who was Q wholesale liquor
merchant, with goods Tor his place. According to
Fiynns testimony the defendant for time re.
fused to furnish him goods, but made the PROPOSE
ton 10 him to 20 and purchase goods from various
merchants, giving him, the defendant, as refer
ence, saying that when called upon ne would give
him GOOD recommendation, and that when the
goods we're obtained, he, the defendant, would
seize them In payment OF his bill, and Flynn would
thus have his liquor store paid Tor. Flynn testi-
hes that In pursuance OF this arrange
mcnt, lie went TO the plaintiffs aud
other merchants and obtained goods on
credit which he never paid Tor. The
agent OF the plaintiff testi1es that when he called
upon defendant as reference he was told by him
tuat fynn was sufficiently responsible TO sen $500
70 loOO worth OF goods 10 on sixty days. credit,
ana tnat ne would pay u, and that II upon this
representation the bill now sued upon was sold
Amounting w between 500 or $500. This action is
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05

How . Landlord Got the Worst OF II.
e& Before Judge Van Worst

How Landlord Got the Worst OF II.
Before Judge Van Worst
Mrs. F1llette leased OF Isaac Herman the house
No. 81 East Fifteenth street. and John Duer and
E. N. Jennings became suretles for payment OF the
nrst quarter. Hardly had Mrs, Fillette got into
possession. when, against her remonstrances, the
landlord removed q balcony on one side OF the
house and bay window on the other. When he
came for his quarters rent she refused payment,
on the ground that she had legal parlance, been
"evicted," or, in other words, that she had not
joyed peaceful possession OF the premises The land
Judge Lane, and she was dlspossessed Mrs. FIJI
lette carried the case to the Supreme Court, Gen.
eral Term, where the decision OF Judge Lane was
reversed. MI. Herman was still bound TO get his
quarters rent. and so brought suit against the
sureties. The case was tried yesterday, when the
defence submitted the decision OF the Supreme
Court, General Term as bar to the action. Judge
Van Worst thought this defence tenabe, ana Or
dered verdict for the defendants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
DEAD NAVY CHAPLAINS
WEALTH.
Attempt TO Get the Money on an Alleged
Forged Order.


Forged Order.
In 1868 Nathaniel Frost who had been for years
q chaplain In the United states Navy, but then.
on account OF his age, retired on half pay took a
room at the lodging house OF Mrs. Emeline Morey.
He deposited $4,000, in United States bonds, the
result OF his years OF frugal savings, with the Sale
Deposit Company. In July OF that year he died,
and, after waiting some six months, Mrs. MoreY
appeared at the ONCE OF the company and on an
order purporting to be signed by the deceased
Chaplain and dated some SIX weeks before his
death, asked that the bonds be given to
her. On scrutinizing the signature 1t was
claimed TO be forgery. and the sur
render OF the bonds was refused. Following
this refusal Mrs. Morey Instituted suit against
the company for the recovery OF the bonds. the
case come to trial yesterday before Judge Freed
man, OF the superior Court, and, from the extent
OF counsel employed-Messrs. Burrill, Day and
Guernsey beng engaged for the plaintiff. and
Aessrs. Henry L. Clinton and 4. M Wight Tor the
deiendants-will probably engage the attention or
the Court Tor two or three days. The defence claim
that they VIII not only show the alleged order OF
assignment to be forgery, but wiz show who
Mrs. Dorr, sister OF the Chaplain. Mrs. Dorr re-
sides IN New Hampshire, and at the time the bonds
were deposited II Was stipulated that the same
should be returned either to Mr.. Frost or his
SISTER. e
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
CITY CoURT-sPEOIAL TERM.

By Judge Nelson.
Lewis vs.. Schneider. -Ordered that the decision
of the Court OF Appeals Affirming the Judgment OF
this Court, be made the Judgment, &C.
Keaghey VS.. McLane, &c.-Judgment for plaintiff
for "a, 056 o.
Wood vs. Sheehsn.-An proceedings stayed Tor
twenty days. to enable defendant TO serve cause,
DC, conditioned that the appeal be perfected
without delay. else motion denied, costs OF tins
motion to plaintiff. @@Na
Gil w. Observation-Disclosures that the 500 900 de-
posted In the Union Trust Company OF New York,
as security on the appeal from the first judgment
herein, and the interest thereon, and q further
to the security required in appealing from the last
judgment be deposi ted In said company and the
money and interest be held to the credit OF this
cause until the further order OF this Court
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
COMMON PLEAs-TRIAL THRM-PART q.


Before Judge J. F. DAILY.
Several minor suits against the city were tried
in this court yesterday, in all OF which verdicts
were obtained for the plaintiffs. William Hastings
got a verdict for $125 Tor months salary as clerk
IN the Tax Commissioners once. William Vande.
water wanted SO a day for months labor ex.
pended in painting city lamps. IL was shown,
however, that he worked but four hours day, so
he got but half hts claim. Henry Babcock got
s2l 10 Tor services as secretary OF the Tax Commits
slonerS.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
HERALD FRIDAY. JUNE s. ls74-TRlPLE SHEET

Drought 20 recover the amount que py Mr.. Flynn
nom the defendant on the facts above stated.
Inc Court charged the jury that before they
couid render verdict IN PLAINTIFFS favor they must
be satisfied that the defendant made tine represen-
tations, knowing they were to be relied upon by
the party 10 whom they were made, that they were
false. in fact.
The Jury rendered averdict in favor OF the plain
TIN Tor the full amount claimed