davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-07-08
4 NOLLE PROSEQUI.

To THE EDITOR OF THE HERALD:-
In your paper OF october 49, 1873 You published
an article referring to me headed, "HOw He Did
the Duty"
The article stated that had been arrested on
complaint OF Koch sons l. Co., OF No. 1856 William
street, on charge Of embezzlement. 1t Is true
was arrested, and subsequently indicted, and Tor
four months was confined In the Tombs and al
though brought to court six more times for
trial. being always ready the District Attorney
failed put me on trial as the scomplainants were
invariably unprepared. On the 9tn day OI FeDru-
ary, ON motion OF my counsel, Mir. John d. Town
send, was discharged on my own recornIzance,
the compianants having voluntarily written a let
not 70 have me tried. Knowing wen tnat my ar
rest was prompted by the desire 10 impeacn any
evidence might give against Messrs kocn sons ~
Co. in the matter OF their fraudulent entry
o; goods in the New York Custom House. OF
which l had abundant proof lmneuiaIey
upon my discharge, commenced taxing dcuou
against them by making complaint TO the proper
authorities. which, as soon as tney s neaia ~,
caused them again to have me arrested, anu
would have been again incarcerated nad not tne
District Attorney seen dt to dlscnarge me, upon te
personal assurance OF Mr.. townsend tn.tt "ouiu
appear for trial the following week. FROM tna5
time TO this date either by c0nnsel or personally.
have daily been to the District Attorney ana
urgently demanded trial upon the Charge pre-
,erred AGAINST me t at last the District Attorney
has Iet Obliged to enter "nollc prosequl" IN the
case. -. u.
Your article has, although, no doubt unnten-
tionally done me great injury, and In common JUS
tlce ask you to give this q place IN your paper.
NEW YORK, July !, 1874. FREDERICK 5. BECK.
The New York herald., 1874-07-08

II IN converse, wbiie on the gentle breeze was
borne the rich fragrance OF many an opening
flower. Then when the sun climbed up and as
hgh noon turned on all his fires on the well raked
track, one would imagine scene such as was pre-
pared for Queen Elizabeth at KenLwOrth by her
layorite Dudley. when naught was seen among
tne eallants put veivet ana cloth OF gold and SILVER
this case the velvet and cloth were represented
by busters, the gold and silver by greenbacks and
the feathers by hve-cent fans. Among the fair ones
the July sun gave no reason for any one TO say that
The air hath starved the roses in her cheeks
And pinched the lily incture OF her face;
for rouge was an unnecessary concomltant Of the
toilet on the occasion. The fringe OF woods out
side the course formed an appropriate frame to the
busting picture that made up the second days
racing at Monmouth Park.
The New York herald., 1874-07-08
COURT NOTES.

Now that the summer vacation in the courts has
fairly commenced most OF the court rooms pre-
sent q very ''banquet-hall deserted" appearance.
Only three courts are in session-Supreme Court,
Chambers, and the Special Terms OF the Superior
Court and Court Of Common Pleas.
Most OF the judges are already away enjoying
their summer respite from their judicial duties.
Judges Brady and Donohue are still lingering IN
town, but will speedily HE away TO their accuS-
toned summer resorts. Judge Barrett, who has
been i'll tor some months, Is recuperatlng MS
health among the Green Mountains Of Vermont
One Of the latest OF the elect to the bench Uf the
Marine Court is eXemplilying the old adage that
New brooms sweep Clean" The other oder III
not abler'' judges OF the court have never at
tempted to 0verdo the thing. Strike of the daily
calendar by self-assumed work to the annoyance
OF all, and pile II on to the work OF the General
Court business is getting small by degrees and
beautifully less in this hot weather only IN the
Marine Court, where an "old woman so nigh Is
sweeping the cooweos OF the sky'i-meaning an
abortive attempt the part OF one Judge to sweep
the cases OF the calendar. The tail OF the comet
is working wonders.
The New York herald., 1874-07-08
THE COURTS.
The HeathertOn Divorce Suit--Ap-
plicatiOn for AlimOny.
TEE PRICE DIVORCE LITIGATION.
The Park Theatre and the New York Life In.
surance and Trust Company.
BUSINESS IN THE OTHER COURTS.

Henry Fischer, or No. LIS First avenue and
Patrick Bryan, OF No. 1856 First avenue, hquor
dealers, were yesterday arrested and brought be-
fore United States Commissioner Shields charged
with non.payment Of the government tax. They
were allowed to go on their own recognzance
Three sailors OF the German bark G. l.. wyer
ere yesterday arrested for desertion and brought
before United States Commissioner Osborn. The
captain of the vessel refused to prosecute them.
The matter was then referred to the German Con-
sui.
Valentine Gleason, one OF the parties charged
with being implicated in the New YORK Central
Railroad bond lorgeres was yesterday admitted
to bail by Judge Lawrence, OF the supreme Court.
The amount OF bail was $4,000, and the sureties
Michael j. BOynton ana Thomas Cort.
The New York herald., 1874-07-08
TIE PRICE LITIGATION.

The lnterminable matrimonial suit Of Price
against Price came up yesterday In Supreme
Court. Chambers, before Judge Lawrence, in the
form of application py Mr.. Oakley Hall, for
Colonel Walter W. Price, to change from New
York to warren county the place for trial Of suit
brought against the Colonel by his late wife Con-
stantia. This is to determine an interest Of
$4,000 which she claims in mortgage Tor $4,000,
given by the Messrs. RoessIe, the proprietors of
the Fort William Henry Hotel, at Lake George, and
being lien on that property She alleges that the
Colonel after giving her this interest in the land,
Is now endeavoring TO get payment of the whole
interest TO her prejudice. The colonel denies her
rights, and trial hereafter will settle them. The
motion was made on the ground that the policy OF
law as enunciated In the code provided that cOun-
ties which contained the land about which any
legal or equitable interest was itigated should
bear the burden and cost of the law proceedings
The application was opposed by Barrett, Hill and
Brins, made on the ground that the suit was not
about land nor an interest in it, but about mere
interest a mortgage, which is personal property.
The Court took the papers, counsel reserving the
right TO move on convenience OF witnesses, II the
present motion failed.
The New York herald., 1874-07-08
COURT CALENDARS-THIS DAY.
IL CoURr-SpEoIAL TERM-Held by Judge

SUPREME CoURr-SpECIAL TERM-Hed by Judge
uonohue.-No. 81.
SUPREME CoURT-CHAMBERs-Held by Judge
Lawrence.-Nos. I, 49, A. A. So 5S 81 64 60 1S, 81,
ST. S. S9 no. lS, 122 1874 l36, 137 l3S, LIB l45 l54,
l55, l57, 100, l6l, 49, III, IT. ia. III, IFS.
Sutherland.-The People VS.. Andrew Torney. rob-
berry; Same VS.. Samuel Cronin and John Dunn, fe.
Johnson, receiving stolen goods Same vs. Otto
Metzner, burglary; Same VS.. Joseph Keating and
Michael Powers, burglary; same VS.. John VIII
hams, larceny from the person; Same vs. George
DAVIS. larceny from the rerson; Same vs. Thomas
Moore and Patrick King, larceny from the person !;
eeny iromthe person; Same VS.. John Gediy, larceny
from the person,
The New York herald., 1874-07-08
THE PARK THEATRE.

Mr.. W. J. Marvin in behalf Of the New York Life
Insurance and Trust Company, who own the land
on which the Park Theatre was built, applied yes
terday to Judge Fowler, In the Third District
Court, for q dispOssessiOn warrant against Mr..
James Purrsel the lessor Of the land. The appli
cation was resisted by Messrs. Oakley Hall and
General W. II. Arthur, representing respectively
william Stuart twho leases the theatre from Mr..
PurrselD and Elisha Riggs OF Washington, who
the lessor OF the land owed ground rent since last
November and that Mr.. Riggs is now iorecloslng
matter was adjourned until next Tuesday at ten
O'Clock.
The New York herald., 1874-07-08
DEERFOOT PARK.

First Day of the Summer Trotting Meet
ing-Lady Blanche the Winner OF the
Three Minute Purse-The 1896 Race
Post pone ed After Five Heats.
Notwithstanding the counter attraction at Long
Branch. there was q large gathering at Deer
foot Park yesterday afternoon to witness
the opening events OF the summer trot-
ting meeting. These were, first, purse OF $780,
for horses that had never beaten three minutes,
mile heats, best three in Ave. in harness, for which
here were eleven entries and eight starters. In
the pools, before the horses were called to the
track, Gussie was the favoriJe, even against the
field, and although Lady Blanche won the first
heat the admirers Of Gusse didn't think
she could lose the race, and ventured
their money at these rates:--Gusste, $40;
Lady Blanche, $40; Field, $40. Lady Bancne
also scored the second heat when Gussie went
to the front and captured the third and fourth
making two each for her and Blanche. Then came
the "tug OF war; and alter q gallant struggle
Lady Blanche won the fifth heat and race amid the
The second event on the card was purse OF
$500, for horses that had never beaten 2:36; mile
heats; best three in ave in harness. This brought
Boy Ella Madden. washburn Maid, Harry Gill
Rsrs Sssse Lady ANNIE wam paaa FL F0ss ans sne
race washburn Maid Commanded The highest
fgures Bessie b. second choice, tnen Gilbert and
the feld at about even against the three named.
Pollock very Unexpectedly won the first heat then
Lady Annie took the second and third heats, when
she sold for more money than all the rest In the
fourth heat Madden and Annie crossed the score
first and second, but were set back
for running, and the heat WHICH Sn. Was was
hes was an IS sVs sS wShbun MaS when
ness coming on, the contest was postponed until
to-day at twelve O'Clock. Great difficulty was
for the several heats. fhe drivers found they had
men In the stand they could fool" with and ther
The New York herald., 1874-07-08
BROOKLYN COURTS.
SUPREME COURT-sPECIAL TERM
The Estate of Hoyt, sprague 6 Co.-The

The Estate of HOyt, sprague & Gothic
Receivershfp.
Before Judge Gilbert
The financial misiortunes OF the great firm OF
Hoyt, Sprague Co., which have been lively
topic Of discussion before the courts for some time
past were again brought TO the surface yesterday.
The Hrm suspended under the advice Of creditors.
their liabilities amounting to millions, during
the monetary depression last winter. On
May Is. 1874 the creditors assented to
an extension OF time. Shortly after
the head OF the firm, Mr.. Edwin Hoyt, died, ana
Messrs. Charles G. Franklin and w. Allen Baker
qualified as his executors. The executors then
asked for an injunction and O receiver IN order to
prevent the surviving members OF the firm from
entering into new arrangements. Yesterday the
case came up IN the Supreme Court, Special Term,
before Judge Gilbert, on an order TO show cause
why the receiver Mr.. A. D. Jullllard, should not be
continued and the injunction become permanent
Judge Gilbert granted the application and directed
$3.50. OCO.
The New York herald., 1874-07-08
GENERAL SESSIONS.
Before Judge Sutherland.


There was large number OF cases on the cal
endar Tor trial yesterday, but a great many OF
them were moved or by counsel, who gave
various excuses for not being ready to proceed.
Lnrcenies.
Edward Palacios, who was charged with stealing
$3.50 in money on the 25th Of June from Thomas W.
Tobin, pleaded guilty to an attempt at grand lar
ceny. The sentence HIS Honor imposed was I'M
prisonment IN the state Prison for two years ana
six months.
James Newton, alias John W. Adams. pleaded
guilty obtaining 500 worth OF cigars on tne tosa
of June from Lichensten Brothers by presenting
to the firm ialse token .,.,
lanes O,Brien was convicted OF petit larceny,
the charge being that on the 22d oil June ne stole
ouantlty OF humorous railroad" books rom the
srore of Jonn B. Collin, No. 4S Ann street. lie was
caught dlspoainR OF them Id second MANU- pook-
The New York herald., 1874-07-08
BROADWAY SHOPLIFTERS.

man named Herman Holden went into tbs
store OF Aitken Co., No. s73 Broadway, yesterday
afternoon, and asked to look at some lace goods.
Mr.. Duncan Mitchell, one Of the statesmen, waa
watching Holden, and he saw him take up three
packages OF laces and attempt TO secrete them un.
der his coat. Holden caught Mr.. Mitchell's eve on
him, and he suddenly let the goods he was trying
to steal drop to the moor. Officer Tyler. OF thd
Broadway Squad. was called in, who Immediately
took Holden into custody, and took hlm oeiora
was held III $4,000 bail to answer at General sea-
siOns.
The New York herald., 1874-07-08
seller IN ruIyon street. These prisoners were each
sent to the Pententiary or six months.
FIFTYSEVENTH STREET POLICE COURT.
Suspicious Conduct Of . Returned Com


suspic ious Conduct Of u Returned Com
Wet.
Peter Daley, who says he Is an agent for sew.
ing machine company and q resident Of Bleecker
street. was arragned before Judge Sherwood at
this Court yesterday under very suspicious crcum-
stances. On Monday he called at the locksmith
shop OF n. Florintine No. 7S9 Sixth avenue, and
after ascertaining from him that he made skeleton
Keys from impressions on wax ana plaster, ne in
q'nsed oi Florintne II he could make extension
nmmles" The locksmith's shop was robbed by
puisiais IeW months ago, and FlOrintine, nndln&
wienin n us erasp one whom he had every
reason 10 Delleve was master burglar, deter
mined TO revenge himseli on the whole brother
hood or thieves by the arrest OF Daey The latter
on being arralgned was recoynzed as an old
onender, VINO mad been sent 10 Sing Sing once
from Brooklyn and twice from this city the last
time being IN May, 1870, when, under the name OF
James Daley. he was sent up for ave wears Ac-
cording 10 the police record he was discharged on
the I'd OF taSt month, thus leaving one wear vet to
be accounted for. Did he escape or was ne dis.
chargedy The Court remarked that the offence
charged against the prisoner was serious one
and he was sorry he could not hold HIM Tor trial.
but he would commit him IN default OF $500 10
Keep the peace lOr SIX months, That was all the
law allowed.
Assault with a Pole.
Kate Mooney was charged with assaulting Mary
Fitzpatrick with pole, and INJECTING on her head
a severe wound. Before her removal TO Bellevue
Hospital she bied very much, and In consequence,
Is now IN such condition that she is not able TO
leave her ued. Kate was committed 10 await the
result OF her victims injuries.
The New York herald., 1874-07-08
BUSINESS IN THE OTHER COURTS.
SUPREME COURT-CHAMBERS.
Decisions.

Dcc1s1On9s
BY Judge Lawrence
Hughes vs.: Paraf-Granted,
HOdson vs. Nudd.--Granted.
Wright vs. Suvan.-Granted.
snyder vs.. BiOOd.-Granted.
In the matter OF Fanny A. Palmer.-Granted.
Winsnip vs. Winship.-
Greenwich Savings Bank VS.. Murray. Granted
In the matter OF william II. Morrls.-Denied /;
memorandum.
FOrehand vs. COllins.-Granted.
World Mutual Lie Insurance Company vs..
LOwic.-Granted
Jourdan vs. Jourdan.-Motion denied; memo
randum.
Belding vs.. LeJchardt.-An allowance Of $3.50
granted to respondent
In the matter of G. b. .Dailey.-Memorandum
Kratochville vs. Brayer.-Granted.
Merrihlll Vs. Fitzgerald.-Granted
Call VS.. COle.-Granted.
Smith VS.. Pettee.-(iranted.
Gaz VS.. Arents.-Granted.
Baerlenl vs.. Boehm-Granted.
Fekamp vs.. Goodchild.-Granted.
Delaney VS.. Maloney.-Granted; $40 costs.
Johnson VS.. Beebe.-Granted.,
Leakland vs.. Sandford.-Memorandum.
The New York herald., 1874-07-08
SUPERIOR OOURT-CHAMBERS
Decisions.

BY Judge SpeIr.
Eleazer Parmey vs.. George Bradshaw
that the paintif make the sixth article OF the
amended complaint more definite and certain Is
Granted The motion to strike out the thirteenth
and fourteenth articles IN SAID compialhS ls denieu
with costs. see memorandum.
Henry r. De Graaf VS.. John II: MacKinley.-Mo,
tion OF defendant to stay proceedings until appeal
rom the order granting q reference be heard
granted on paying costs Of motion and ding Sc
curty. -
John Sacmazzini va. Maggie SacmaSzinI.-The
motion for alimony and counsel fee enable de-
iendant TO defend, &C., Is denied, without costs
and without prejudice to renewal OF motion.
Edward G. Graham vs. Ella Nora Hoy Execu-
trix-Motion lor an allowance OF two and han
per cent, granted.
The New York herald., 1874-07-08
A DISHONEST DOMESTIC.

Mrs. Anna Seaman, Of No. 3os Sixth avenue, has
missed large number Of small articles OF cloth
ing, jewelry, &c, for the past few months. Sus.
pecting one Of her servants she called on the ser
vices of 0fcer Maloney, Of the Twenty min IN pre-
clnct. The 01icer searched the room OF Anna
Gage who lives in the house, and found concealed
therein most OF the articles lost amounting In all
60 the value of 500. Judge Murray yesterday COM
mtted Anna In 81, 900 ban to answer.
The New York herald., 1874-07-08
TROTTING AT Indianapolis.

1NDIANOPOLIs, Ind. July 7, 1874.
The first meeting OF the Indianapolis Trotting
Association commenced to-day.
FIRST RACE.
Purse 81, ,200 for horses that had never beaten
1885, $500 to first horse, $3.50 to second, $3.50 TO
third; mile heats; best three IN five, in harness.
The ace was won by Granville IN three straight
heats, Netty Lyle taking second money, and
Mcienery third
Time, 2H--2:304.
SECOND RACE.
Purse of $1,000, for horses that had never beaten
50 $500 to first horse, $500 to second and $500 TO
third; mile heats; three in five, In harness. Moss
Rose was the winner in three straight heats.
Moss Rose. ........................... !
WUlt6. q 4
k1ttv..
Squire Talmadge Observation-Disclosures. 3
Time, 2:36h-2:3SA-2:H.
The New York herald., 1874-07-08
COMMON PLEAS-CHAMBERS.
Decisions.

BY Judge Van Brunt
NJ Reisep VS.. M. Monchan.-Motion adjourned
James A. Kennedy VS.. s. McElwng.-See men,
oraudum.
j. N. Morris vs.. L. d. Whitney.-See memoran- :
dun.
In the Matter of John s. Lynch.-Order signed.
The New York herald., 1874-07-08

Ella Madden crossed the first in 237, but she
and Lady Annie set back for running and Farmer
Boy given the heat No record tor time
Darkness coming on, race postponed until to-day.
The New York herald., 1874-07-08


First Hedt-Jury tooklthe lead, Arizona sec
ond. FellOwcraft third, lonnybrook fourth, Shy
lock fifth At the quarer pole Jury lead two
lengths. Fellowcraft sechd. one length ahead OF
Arizona, who was eight lhgths in advance OF Don
nybrook, the latter one ength ahead OF Shylock.
Going down the backstrcch Fellowcraft showed in
'front.' Jury second, and 1ese two ran away from
the others several length At the half-mile pole
Felowcraft led one lngth, Jury second, six
lengths ahead of Ariana, the latter being two
lengths in advance o Shylock who was one
length ahead OF Donnprook. Going around the
lower turn Jury ran uto Fellowcraft's head and
showed her nose in FONT at the tnree-ouarter
pole, Fellowcraft secdd, four lengths anead OF
Arizona the latter bng one length IN advance
of Shylock, who was hi length IN front OF Dou-
nybrook. The horses osed up as they ran up the
nomestretch, and as tey passed under the string,
AZ the end OF th1 first mile, jury led by
ner head, Fellowcraft fcond, four lengths in front
OF Arizona, the latten'o lengths in advance OF
SbyIock. VINO was ha a length ahead of Donny.
brook. Jury and FeOwcrait ran side and side
around the upper tut AT at the quarter pole Jury
| lengths ahead OF Arz1a, who was three lengths
IN advance Of shyloclponnybrook fifth. Arizona
The New York herald., 1874-07-08

dfd 80 until their actions were disgusting to every
hOnestminded spectator.
SUMMARY.
DEHRRoor PARK, L. l., July Z, 18H-FIRsT DAY
or THE SUMNER TROTTING MEETING-FIRST RACE
Purse OF $500, for horses that have never beaten
three minutes; miles heats; best three in five, IN
harness; $I75 to the hrst, s95 to the second and
$40 20 the third horse. Judges-Henry Wliuams,
George Punchard and Richard Goodwin.
The New York herald., 1874-07-08

After a few breaEaways by James A. and Arls-
tides the youngsters were started with Camilla IN
the lead, James A. second, In0 third, Amelia
fourth, Morris hlly ffth, Lizzie r. and Arlstides
standing at the post for second or two after the
Others were In motion. Camilla led around the
lower turn by head, James A. second, Ino third,
the others Glowing as we'll as they could; but the
chances of Lizzie 4. and Aristides were gone, as
they were SO far behind at the start that they had
not been in the race from the tap OF the drum.
As the youngsters passed the three-quarter pole
James A. showed his head In rOnt Camilla a head
In front Of Ino, Morris FLY fourth, Amelia fifth
Lizzie K. eight lengths behind, yet ten ahead OF
Arist1des. The run up the hDmestretch was very
spirited and when the youngsters reached the
furiong pole the affair was seuied. as Camilla came
ont rom the Others and, running home gameiy,
won the race by two Lengths, inO second, a head
in front OF James A. Morris lily was good fourth,
Amelia fifth, Lizzie r. Blxtl, Arlstides seventh.
Time, 81 seconds. The valu, OF the stakes was
$1,000.
PURSE $780, for all ages; enrance money to the
second and third nOrses. Two mile heats.
sTARTER.
John CofHees gr. c. DOnnybr0k, by Light
ning, dam Jessamlne Potter, years
old, l08 lbs webb ....... .-.......... !
James Franklin's D. m. Arizona, 10y Lex
ington, dam imp. Zone, 6Iears old, III
lbs. Nv. Lakeland) ...... ..............
NJ A. Littes ch. c. Feowrast, by Aus
tralian, dam Aerollte, ears old. 1OS
lbs. {Evans) .............. l............ 7. o.
Lawrence q. Loriiiard's }. b. Shylock,
by Lexington, dam Edit, years Old,
lii lbs. (Hayward) ...... .............. 5 r. o.
H. p. McGrath's b. IN. JuS, by Lexing-
ton, dam Roxana, yeirs DID, Ill lbs.
T.,t,A 4 an
Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-03-27
MINERs' UNION.
ENGINE MEETING.

'T'IE RESCUE ENGINE COMPANY
/ holds its regular monthly meeting on the
first MONDAY of each month.
ID. T.. BAlLI. President.
n. ". CRoSS. Seeretay. jel7
Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-03-27

That they were supposed to be realIy
deadly to plants; and the peculiar repn-
tatiOn which miners and smeltprs have
had III all ages, of making money
without effort and without risk. has iei
law-nlakcrs to impose upon them tho
full burden of all alleged injuries. Tn.
vestigatiOns like those we have d;s.
cussed are likely to turn the scale and
make a very important difference in
favor of the Smelters.
How important tie decision of DR.
Frcytag is may be seen from tho f:,ct
that in the sixteen Years, lS55-7O. the
Freiberg works have paid no less than
l72, l42 thaler, or Sl23,9l2 in gold. for
damages claimed on account of the in
jury caused by smoke. This is nos far
from 5000 a year, and the maximum
was Sl3.39l, paid in 1864. The fact that
the maximum should have been paid
i'll that year is itself very remarkable,
for it is precisely in 1864 that the Muld-
ner works began to manufacture ar
Senic, thus removing Il part of that
deadly element from the smoke; while
the same year was Signalized ut the
Halsbrlcke works by increasing the
manufacture OF sulphuric acid from the
smoke two-told over the amount made
the year before, No less than ,422
tons of acid were sold in 1864. The
previous year, 1863, was in its turn re-
markable for the increased make of
arsenic at the same works, 379 tons
being sold, which was ten times as
much as in 1862.
These figures make it evident that
the claims for damages do not corre-
spond to the character of the smoke,
aud it is not surprising to see the al
lowances for such damages suddenly
cut down in 1869 from S9,O72 to $2,S74,
and still further t" 81, ,l4S in 1870. In
asmuch as the investigation above
spoken of took pl zee in December.
1870, it is quite likely that even these
sums have been further lessened in
consequence Of the conclusions quoted
above.