davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29

BEFORE Judge Batchford last SATURDAY. some OF
them urged that assignee with sole and un-
divided power would be best qualned TO attain the
end 10 v1ew while Others maintained that trustees
AIDED BY q committee Of creditors composed OF
able business men, would be far preferable and
would be sure to realize more for the oenent OF the
eredltors than any singe assignee could possibly
bring IN for the good OF the estate. Finally, after
q heightened discussion motion was made for the
appoin Sment OF tue trustees above named, and the
arguments having concluded Judge Blatchiord
TOOK the papers. reservlng his DECISION
Yesterday Judge Blatchiord returned the papers
TO the Clerks ONCE confirming the choice OF trus
tees as made by the creditors and directing mat
an order be entered TO that effect.
This ID one OF the most important pankruptcy
suits that has, for long time past, peen instituted
IN This district. Already debts 10 the amount OF
S1.700 900 have been proved against the nrm, and
their assets, we have already reported, consist
OF lumber tracts, mills, factories and yards IN Mich
igan, New York State ana Canada.
Among the creditors who have proved their
debts are William f. Dodge, for $443OO0; the Con-
unental National Bank about $500 the Metro
politan National Bank, 500 600; H. w. Sage Co.,
Sis 00): the Farmers and Mechanics National
Bank OF Philadelphia, $57, 900, and several other
creditors for lesser or greater amounts. The
Broadway National Bank, represented by MI. G. A.
Seixas, as counsel, has proved debt OF S14S, COO
The claim OF Mr.. W. f. Dodge il secured Ia also
that Of Charles II. Hamilton for $4,000.
The trustees Will Immediately enter upon the
discharge OF the duty entrusted to them, and
they expect that considerable sum viii be re-
allied for the beneht OF the creditors.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29

course across tine nay against Ine noe, and
she thereupon bore away ior the snelter OF
the breakwater Is GowanuA As the TOW
was about turning the end OF the preakwater anu
before reaching still water some OF the canal
boats sunk, and among them one loaded with coal,
belong ng to the iibeiant who now brings TINS &C
ton TO recover It's value from the towDoat. Inc
negligence charged IL that the towboat had taken
too large tow, and. because OF insufficient power
TO do otherwise, took course Tor Gowanus,
whereby she Improperly lmperiled Tue Canal
boat and caused the loss Of the nbellant.s COAL
Upon the proofs am OF the opinion that the wind
and sea which this tow encountered were no more
than mighJ reasonably be anticipated AZ TINS
season OF the year in the locality IN question. i
am further Of the opinion that the obligation ID
upon owners OF tOwb0ats towing in this locality
to limit the size OF their lows to the capacity OF
the boat TO move the lows with reasonable de-
spatch to the safest shelter at hand IN case OF
meeting wind too heavy to permit the low 70
keep on across the bay against the WIND. For
tow situated as this one was several courses are
open. she may turn back into the Kills, or go
down to Quarantine, or keep along the Jersey
shore, or bear away before the wind ior Gowanus
breakwater. The latter course was selected BY
the Mohawk. 1t Is made evident by the proofs that,
with tow or eleven boats no other course was
possible for her owing to her inability to move
such tow against the wind and tide. But 1t Is
not shown by a clear prepOnderance Of evidence
that any OF the other courses above indicated as
open for q boat situated involved less danger
TO the tow than the one selected BY this boat.
] am unable to decide that the course which the
boat pursued is not as sale proceeding as either
OF the others. The master OF q Tow situated like
the present should not be convicted OF negligence
emergency, unless it be made to appear by clear
prepOnuerance Of evidence that ne selected
course manifestly more dangerous than the others.
In the absence OF . clear weight OF evidence TO
has not been proved against the towDoat and the
libel must be dismissed. .H ia. '..r.1
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29

inventory OF the remnants OF cloth in the defend
$500. ~.
George w. Sheldon. the Fro Marshal, tessi-
ned that he examined the premises the morning
after the IRE and later took the afdavits OF Dros-
tel and Madlinger, which Mr.. Rollins read The
fire Marshal had accompanied the defendants to
their rooms; Madlinger hung his head and Drost tel
started back. saying, 'Jesusi didn't do itn In
MS amdavit Drostel admitted that he lett his
premises at eight O'Clock on the evening OF the
dre, This closed the case for the prosecution.
MT Mott called three witnesses to prove the
good character Of Drostel. and proceeded to ad-
dress the jury. He frankly admitted the force OF
the proof adduced on the other side and argued
that the accused could only be convicted OF arson
IN the third degree.
, Judge sutherland CHARGED the jury upon the
law, and they retired at five minutes to Eve
O'Clock to deliberate upon verdict. They were
out fve minutes, and returned with verdict Of
guilty OF arson In the first degree.
Mr.. Rollins moved Tor sentence. The Judge in
passing sentence said that the crime OF which the
prisoner was convicted was an awful one, a
mother and her infant being asleep In an adjoining
apartment. He sentenced Drostei to inprison-
ment in the State Prison for the term OF his natural
life. rr4 rrIr s-rn
Nj. Rollins stated thai he had the prisoners con-
fesson In writing but was not able TO Introduce It
legally on the trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
THE SMALLPOX IN WEsTCHESTER.

Alarm Among the Inmates OF the County
Jasl-Pctty Crime ON the Decrease-How
tho. Authorities OF White Plains Sc
cured q Pest House. e. t.s
The continued existence of smallpox In the
County Jail at White Palms. Westchester county,
while occasioning not little alarm among the
motley inmates, would also appear to have had
the effect OF depressing crime throughout tho
county. Under ordinary circumstances thirty
days. confinement during the winter season "
rather desirable than otherwise to the habituaf
vagrant or the petty thief, but now, when COM
mitment would bring them into immediate con-
tact with the dreaded disease, the disorderly
classes evince peculiarly tender regard for tho
law Thus far some five or six prisoners have
been Frustrated by the maady, the latest case o.
curing on Tuesday night. The patient was re-
moved to a small shanty, formerly used BY railroad
laborers, and situated about half mile from the
village This receptacle has lately been appropft-
ated by the town authorities. who have demons
who are sSs
the jail yesterday was that Of Alfred Dykman, tnx
dcted for murder. ana who s said to be now recov-
ering from attack Of varioIold. Those prisoners
requiring medical treatment In the jail are At
who Wow was indicted o short time since for 6issmy.
All communication With the inmates Of the jail u
denied to their friends or relatives the only person
entering the building from outside being the )aaior,
Although 1t ts dificut to obtain any reliable M
formation as to the number Of persons who are
Frustrated with the malady in the vicinity Of
White Plains and other portions OF the county.
there is little doubt that several isolated caseE
exist in addition to those mentioned above
Around q negro settlement near the last named
village guard OF white citizens keep watch to
prevent the coored people from mingling with
the outside world, the disease 10 known to exist
among them, having been brought there by dis
charged prisoner from the jail Under similar cir
cumstances the malady was introduced into the
village of Westchester, where 1t 10 understood
that three or four persons have already evtnced
unmistakable symptoms OF smallpox.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
"REMINISCENCES OF THE RING RE.
CINE,

That Big Pipe job and Boss rweed's
Contradiction the Contractor Failed
% Get His Money, and His Suit Against
the City.
During Its session in 1871 the Legislature passed
m act authorizing the Comptroller, through the
issue of city bonds to raise 81. 500 000 to be
pended In the laying Of big pipes through various
avenues and streets OF the city. 1t was big jon,
and the expenditure OF the money was given 90
William NJ. Tweed, as Commissioner OF Public
Works. He made o contract but without gong
through the usual formula OF advertising for bids,
with Mr.. John B. Greene. In carrying out hts
contract Mr.. Greene says that he expended
90, 600; but MI. Tweed having been depOsed from
his position as Commissioner ofPublic Works, and
other changes having occurred IN the financial de-
Dartment Of the city, be could get no money and
0eOpped work. The work was then continued
Pubic Works, Mr.. Greene says in his COMPLAINT. at
. greater expense. Mr.. Greene sued the city for
che amount already incurred under his contract
p62,716. The defence OF the city was that the con-
tract was In itself extravagant, and that IL was
NOT binding on the city, SINCE the preliminary
prescribed by the charter OF advertisement for
before Judge Van Brunt in October last the latter
argument alone was advanced, and the Court,
0verruling 1t, gave Judgment Tor $60,1l4, to
winch amount the accrued interest brought
the original claim. From this Judgment the city
sore the supreme Coz Court General Term judges
Davis, Daniels and Donohue being on the bench.
The plaintiff relied on the Navarro case, IN which
. previous contract by Greene with the Commits
si0ner OF Public Works was held valid, though
none OF the ordinary preliminaries had been COM
Piled with. MIR. Dean, on behalf OF the city, in.
easted there was a distinction between the cases,
IN that In the Navarro case the whole matter had
been left by statute IN the discretion OF the Com-
missioner Of Pubic Works while in this case IL
was the city which was to do the work under Its
charter, and only the extent OF the WORK was lett
TO the judgment OF the Commissioner OF Public
works; and, therefore, any violation OF the cnar-
ter vttiated the contract.
At the conclusion OF the argument the Court
took the papers.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
CITY CovRT-SpECIAk TERM.
Decisions.

BY Judge McCue.
John Raher W. William Howland.-Moticn for
new trial denied, with $40 costs.
jeremiah Hackett va. Isaac Badeau ct al.-There
should be judgment for the plaintiff for the
amount or his work. labor and materials against
the detendants with costs.
Bernard Gray va George Elh1ns.-This was an
action brought to recover for work, labor ana
costs. The jury found verdict for 1000 IN favor
of the plaIntln careful examination OF the testt-
mony satisfies me that the verdict OF the Jury is
excessive. have examined In detail the evidence
OF each witness who worked upon the Job, ana
have computed the value Of the work at the prices
paid by the plaintiff. Alter making full allowance,
as believe, for all work, can only figure the same
at $1,000 03. The motion for new trial s therefore
granted unless the plaintiff elect to reduce bis YER
dict to the sum OF 03O 00, with interest on the
same nom June Is, 1813 and II plaintiff shall elect
within ten days from the entry of TINS order to 80
reduce the verdict, then the motion for new trial
Is denied. No costa OF this motion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
JEFFERSON MARKET POLICE COURT.
Before Justice Kilbreth.


''They stole a couple OF blankets from my wagon
in Broadway yesterday afternoon, Judge" said
Dan Costello, Of circus renown, to Justice Kill
breth, at Jefferson Market Police Court, yesterday
morning, at the same time pointing towards
couple OF low-browed, vicious looking individuals
whom an ofdcer OF the Fifteenth precinct neid by
the collars. .'You see, Your Honor" continued
the facile Daniel 81 was out for a little airing
with q friend OF mine, Mr.. Theodore Robinson,
ates. ran into store and let Hobby Ola BOY. to
look after the chargers; but you see Robby,' he
saw something in window across the street that
looked awful nice, and you see Rob just skipped
over to take 1t IN. While he doing this these
here two chaps, the prisoners, lifts my blankets
eye on EN- howsomever. and SO Iollered 'em TIL
run foul OF cop who kindly took the two gents
into camp"
the prisoners had no defence to make and were
locked up FOR trial They gave their names as
Robert Short and Albert Barry.
Highway Robbery.
Jane Pool q dissipated looking damsel from the
vicinity Of Sullivan and Blocker streets, and
Thomas Mahoney, with an equally hardened ap-
pearance, were arraigned on charge Of highway
robbery. Mr.. Michael Breen, OF the steamship
Idaho, was the complainant and a wotul tale he
had to relate. "Why, Your Worship began he
Indeed. thought she was entirely a lady. met
her on the street and she axed me where was
t assn her at ali at all for GGud no never n
this town that live, sure don't know. Well,
Your Worship, SEEM as how l couldn't tell her
where 1S9th street was, she aXed me to list treat
her to nip OF something. as the night was cold.
i said, and faith ] WILL to be sure. and, Your
Worship, jst axed her into shop the corner,
and, bless yer soul, when was paying for our
bitters she sped me money. lett her there and
went OF down the street, and when had been
gone lew minutes up she comes again
and falls a-taiking TO me. l thought as
how mighty soclable she was; but jist as was
a-thinking or this am shadow II this here Teller
pointing to Mahoney) DIDN'T hit me alongside
the head aud tumble me over. While / was down
he and partner went through me and got all my
money, which amounted to S4s7. Some policemen
came up and grabbed the woman and one OF the
men, but the one as what had my money got
away.r
Justice Kilbreth listened patiently to Mr. Breen's
narrative and then committed Miss Pool and Mr..
Thomas Naaoney to take their trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
MARINE C0URT-CnAMBeRs.
Decisions,

BY Judge JOachimsen.
Paterson vs.. McGiven-Motlon granted on
terms.
Mule VS.. Henken.-MOtton granted on terms.
Lowenstein Vs. Ehas.-Motlon granted on terms,
Streeter w. Jex.-Motion granted on payment OF
IS costs.
Chamberlin vs. Farmenholz.- Motion denied,
with leave and IS costs.
voorhees, Vs. Conger.-Default opened Judgment
for defendant on demurrer
Congregation Keneseth Israel vs.. Congregation
Russian lsraelites.-MOtion for stay granted.
Zulicb vs. acknowledgement on demurrer
for plaintiff. with leave to defendant 70 answer in
ten days.
White vs.. Packard.-Attachment vacated on de-
fendants stipulation.
Wind VS.. Standardization granted on pay.
ment Of costs.
Dlckman VS.. Hoden.-Motion denied, with costs
Avere VS.. RaphaeL-MotiOn granted on terms.
Waltz VS.. Paradlse.-Motl0n granted, with $40
costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29

UNITED STATES CIRCUIT COURT.
Criminal Proceedings.


Judge Benedict sat yesterday, at the usual hour,
~ No. ~ Chambers street. and proceeded with the
despatch OF criminal business.
CHANGE OF SENDING AN OBSCENE ARTICLE THROUGH
THE NAILS.
Louis G. Zellner was convicted of sending through
the mails an article intended to effect an immoral
V1rpoee and remanded Tor sentence.
CHARGE AGAINST LETTER CARRIER.
Thomas Mcclure. letter carrier employed by
me Post Once, pleaded guilty to Indictment
charging him with having opened and destroyed
1nmber Of letters entrusted 10 him TO deliver.
ALLEGED PENSION FRAUD.
Ammo Garvey was indicted for defrauding the
government out OF pension money. The indIct-
Oent was quasbed on the ground that there was
misnomer IN II, the woman being now married
under the name OF higgins. She was remanded to
await q new Indictment
The Court then adjourned
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
FILLING UP TIE HARBOR.
The Bill Before the Leg1slature-Lette
from Mr.. George w. Rlunf.

the Bill BEFORE the AeEasleture-lSetteF
from Mr.. George w. Blunt.
Mr.. George W. Blunt, of the Board Of Pilot Conn
missioners, in view OF the bill before the Legisa.
ture to prevent the filing up OF the harb0r by tho
throwing overheard OF ashes. &C.. from steam yes
seis has forwarded the annexed letter for publca-
ton. 1t win be noted that he holds the tuRboats
and similar smaller craft plying in the harbor
guilty Of the mischief complained OF IN the most
cases, and exonerates the steamers OF several
ocean lines. Mr.. Blunt in conversation with
HERALD reporter said that the bill sought to be
passed had been referred to the Committee on
Commerce, and 1t was matter calling for prompt
attention at the hand OF the members, as every
days delay adds to the great damage being done
TO the harbor by INSCRIPTIONS captains and en-
gineers:- - .
new York, Jan g. l6z.
To THE EpfroR TIE HxRALp:- II A IL
ing in reference TO the filing Of the harbor peg to say
that ii the Legislature will pass the bill as prepared BY
the counsel the Pilot Commissioners much damage
will be prevented by the throwing overheard OF ashea
&c.
You are misnformed the steamship lines as Their,
lew II complaints against them. 1t is the tug
and harbor boats that do the mischief they te
for the purpose of raking the ashes into the river
In violation of the law.
A draft of bill similar to the present was sent
the Legislature two years but defeated hr0u
the exertions and influence Of the steam tug
specially, GEORGE W. BLUNT
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29

Ono Thousand Citizens Oppose sns

Ono Thousand Citizens Oppose .ns
AT meeting OF the Board OF Aldermen, held
January IL, the following preamble and resofu-
lions were adopted; on the 10th the Board Of As
sstans Aldermen adopted the same, and the Mayor
approved thereof on the 22d INST. :-A
sa TX =. s Of ss
sa ,G SS 1S n
said prison under said act has been made be Com
ssss ard asSSs es:
sss$q :as IN & I
Sss and q q 0 ssa q ss
70 the debt Of the city and in view Of act That
srs Be- u pscoi
present City r,s0 s1 SsS 3
acent TO needs Of the city tor many yeah q
By the Common Council Of the city Of New
York that tie Counsel 70 the Corporation and
Es sSas q s @
isSa q 3
and esS y e new e Ivy q N1 a1G for
Known as chapter go the Lsw e, Of ~
and he IS hereby directed forward of these
s 70 e. New Soss
In connection with the above Alderman MeOafs
fersy presented q petition OF 1000 Taxpayers Of
the city of New York. praying for the repeal OF tho
act prOVlOlng IOr tu6 erecuOu VI Acu OiIy 1KApVH
In said city, and the Clerk was, on motion Of ALI
derman Kehr, instructed to transmit the same to
the Legislature OF the State now In session at
Albany.
The annexed Is the petition alluded to, which u
signed by upwards or 1000 OF our best citizens,
and was forwarded yesterday TO Albany, al pro-
vided in the action OF the Common Council
To THE HONORABLE COMMON CoUHoIL or THE CITr o.
NEW YORK:
residents Of The city Of New York Beg leave TO present
to honorable body their protect against the city TAX
ard Mott the Sixth ward OF said city for
the purpose of erecting q Prison and Court House
thereon tor the following reasons viz -
The said described block of ground Will cost about
$500 900 and the erection Of prison and court house
thereon about 600 00 making in the aggregate nearly
S6O0 Your protestans further say that the present
criminal prison fe Tombs) Is well suatsed, As regards
its proximity the City Hall tpark) courts and His
Honor Comptroller expresses himself avOrablv a. TO
its sanitary position and have consulted competent
building mechanics who will contract TO put the present
prison IN excellent condition. drainage court rooms ana
cells 1000 prisoners at cost not to exceed 32oO.
thereby saving already burdened citizens some
$60O0000 which sum may be considered low eStimat0
II the Court House the City Hall Park may be cited az
example, the commissioners are invested with iull
and unrestricted power and accountable to nobody
In view OF the ABOVE your petitioners earnestly pray
that your honorable body, IS our representatives. viii
interpose and protect US far as IN your power rom
unwise and reckless expenditure and your protesantss
as in duty bound, will ever pray.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
ESSEX MARKET POLICE COURT.
A Noble Decd OF Charity.
BEFORE Justice FlammAr.

In last Sundays HERALD appeared the arraign-
ment OF child OF twelve years OF age, charged
with stealing. Her case was fully published rs was
also her story, which revealed the sad facts that
she stole to save her father and mother from star
vation Justice OtterbOurg, who was on the bench
at the time. alter hearing the lamentable tale
veaIed by the confession OF the theft by the poor
child became convinced that there was truth in
her statement, and sent An oficer to ind out the
full particulars OF the The result OF his in
vestgations proved TO the Justice that he was not
mistaken in his Impressions and that the case was
however, to commit the young girl on charge OF
grand larceny. Altn0 ugh the law necessitated her
people who sympathized with the destitute condi.
ton OF the young child Mr.. Joseph A. Kenyon,
the CLERK OF the Court, at his own expense, saw
The youthful prisoner, whose name is Louisa Do
nenheimer. and who resided at No. 122 Attorney
which were paid to her. The very day that state
ment OF her case appeared In The HERALD her
Who, both by their presence and pecuniaryy assist,
ance, shed strong ray Of sunlight over
the hitherto dreary existence of the unfortunate
family. In addition to all this several gentlemen
called on Justice Otterbourg and volunteered assist
ance on behalf OF the poor child and her parents.
Attorney signed the necessary bail bond for $1,000
and Mr.. Schultz, OF the Ohildren's Aid Society,
came into court ana Soinntesred on behalf OF the
idea was soon communicated to the parents, and
they at once accepted the proposition with heartfelt
thanks. In day or two they viii be on their way
to q home in the West, where at least il will not be
necessary for their children to steal 70 support
them
A Polish Sailor In Trouble.
Bolestan Kivilitzki. BY profession q son Of the
sea. appeared in court charging far from pleas
ing looking female, By name Emma Reid,
with appropriating his pocketbook containing $40.
Emma said she never saw such money in her
lifetime, but limited very forcbly that she would
have no objection TO meeting gentlemen with
such plethoric pocketbooks at night about Chatham
street. Justice Fammer said he mad no doubt OF
1t, and held Emma in 81, 600 bail for trial
Benjamin Franklin's Policy.
Oficer Healy. OF the Seventh precinct, brought
up venerable looking old gentleman, who gave
his name as Benjamin Franklin, charged with
keeping policy shop at No. 395 Water street. The
officer says that Mr.. Franklin Is chiefly known
about Water street as "The SAFE" The descent
was made on the den on Tuesday evening, but was
so arranged that no outsider was captured. The
principal was the person required by the police.
He was held In 81 200 bail for trial