davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
COURT OF COMMON plEAs-eEHERM TERM.

The Auction Coal Sales Of the Delaware,
Company.
Before Judges G. p. Daily, Robinson and Larremore.
On the 25th day of September, 1870, At q regular
monthly auction sale Of coal by the Delaware Lacka-
wanna and Western Railroad Company, at their sales
room this CITY, Mr. Alvin Higgins purchased 100 tons
of CRATE coal at the price of - IS ton The condi
tons OF sale provided that there should be deposit
made by purchaser the day Of SALE that the bal
ance Of purchase money should be paid within 10
days. and that in the coal purchased was not
moved by Mr. Higgins during the month Of October the
railroad company might lat their option. at any
thereafter discontinue further The coal
was deliverable at Elizabehport Hoboken the
defendants might elect further condition was that In
defendans business should be interrupted by
foods Strikes accidents &C. as to materially decrease
the quantity OF coal which they would otherwise have
been able otan and deliver during the month" of Oc
tober the defendants should be discharged from all
liability deliver coal sold by them at said sepem
s ssn sn took
ay 1871 s was not Complied
ssa
The nad ysn se nSSs to Mr. H
X suit upon the above eSoasnt by Mr.
mgsns the rarSSd G5 The
Judgment tor the plaintiff In his opinion he held
from the whole transaction it must be considered that
the loo tons though not separated out dis
tnct and sscertained mass OF 5000 tons OF coal and
subject on his failure the coal October,
the rights Of the defendants under their options but
tain the quantity or take the remedy provided IN their
strike which occurred From this decision the defend
ants appealed to the General Term and yesterday Mr.
Hamilton Odell argued their behalf that the reason
ing the Chief Justice rested the assumption that the
$1,000 mentioned In the advertisement of the sale
specified of coal precisely Identified whereas
there nothing in the circumstances to show that
it coal rot even asyet mined, the 5000 tons
not being description Of any particular eoai
prepared furnish during the month; that they
tanned both control and the risk of the coal that
therefore title passed, and the matter a
ordinary contract forfeited by the plaintiffs failure
comply with its conditions
Mr. n Merrill replied for the plaintiff resting mainly
the opinion OF Judge DAILY.
After hearing the argument the Court took the papers,
rescryiug decision
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
COURT OF GENERAL SESSIONS.
FcloniOus Assa ults.

Assistant District Attorney Lyon conducted the prose-
cution yesterday in this Court.
Peter Coye, who indicted for felonious assault and
battery pleaded guilty to assault with intent to do
bodily harm by advice Of Mr. stiner. whom the Court
assigned TO defend him. The charge was that, on II
9Th of November, the accused struck Charles Dine
across the face and destroyed his left eye. 70 The
assault was an aggravated one His Honor sent b.
state Prison for 1--we years ,.roents for
Stephen Craig, against whom were two ir ~ charge
felonous assault and battery pleaded gut Tat on the
preferred by Lawrence Ward, who III hIn in the lev
18th OF November the prisoner stformed Court that
Craig was desperate chs,Gity judge imposed the Sc
verest penalty therson for I'VE years hard bor
ment the Stcn and jeremiah hcCarty pleaded guilty
TO an a,ecember they bnrgarously entered the prem.
l<tof BENJAMIN r. Jaynea No. ~ Rutgers slip. aud stoa
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
THE JERSEY POISONING CASE.
Verdict Of tho Coroner's Jury-PoisOned
by Cyanide OF Potassium.

Verdict of tho C0rOner's Jury-P0isOned
by Cyanide OF Potassfum.
The investigation OF the circumstances con-
nected with the sudden death OF James A. Grant,
Of Greensburg, N J., was resumed yesterday at
Trenton before Coroper Britton and jury of re-
spectacle citizens. The father and brother Of de-
ceased were present, and gave vent to their grier
by tears and other marks OF deep sorrow.
DR.. Abram Livezey, the druggist whose name ap-
pears 30 prominently lin this sad case, was re-
called. Nothing new was ELECTED from him. with
the exception OF a high eulogium which
he undertook to pass upon his abilities
and experience as a medical man. He said the
jury should not take him to be an ignOramus, as
the newspapers stated, for he was q graduate Of
Princeton College, and he attered himself In con.
sequence, that he always knew what he was doing.
He was positive that 1t was iodide of potassium.
and not cyanide Of potassium, that he gave for the
medicine OF deceased
DR.. Isaac B. James, a chemist, and his two assist
ants were examined to prove the deadly character
OF the medicine which the brother OF deceased
brought to the former for analysis the day after
the fatal occurrence.
John G. Grant, father Of deceased, and Michael
Rogan testified that no poisonous substance was
OF Mr. Grant. Both these witnesses were certain
that no cyanide OF potassium was ever used for
that purpose during their experience.
The jury then retired and brought in the follow
ing verdict after an hour and halfs dellbera-
cause OF the death Of James A. Grant, OF the town.
ship OF Ewing. in Mercer county, do find that said
James A. Grant came to his death on the eth Of
January, 1874. at his own residence, In the town.
ship aforesaid; that he came to his death by hav-
ing administered to him dose OF cyanide OF pOtas-
stun. The jury aforesaid further find that said
medicine, taken as Aforesaid, was sold bv one
Abram Ltvezey, In Yardeyville, Pa, ON Monday
the a aay 1874 on an
John Scudder, and furnished for the use
OF said deceased as iodide OF potassium, but
xuh ch in ho min IN nf nrv uya mi nj
potassium, q poison; and that the putting up OF
said medicine by Abraham Livezey Aforesaid was
an act OF gross careiessness on the part Of said
Livezey; and the jury do iurther say that some
stringent legislation is necessary with regard 10
the sale and compromising OF poisonous drugs by
which the fatal mistakes so frequently occurring
may be avoided and the lives OF the people better
projected"
a case OF this kind, and hence the only remedy
open to the family of the deceased Is to sue
LlveZey for damages. II his circumstances warrant
such proceeding.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
MARINE C0URT--PART 2.


John d. Wendell vs. julius LawnerThis was an action
$275 for rent Of the premises No 80 Grand
street during the month Of April 1872 The defence
that the plaintiff upon the premises without giving
the defendant notice. and occupied the greater part
Of the basement during the month of April for the
pose making repairs and that the loss sustained by the
defendant by beng deprived the of the basement
injury done to his goods through the careless
of the workmen ounted to more than the rent
during that month. The plaintiff st ted that his neigh
Dor Greene street commenced to build on his lot and
demised premises making 1t necessary for the safety of
building shore and as II could not be done on the
outside 1t necessary to insert the tmbers through
the walls into the basement occupied by the defendant
The Court charged the jury that the put
in by the defendant damage done to his goods
inadmisslbe In this action the only question being what
count Of defendants being deprived OF the use of the
II the jury found from the evidence that the
the any part the premises, they would render
verdict for the defendant otherwise their verdict would
be Tor the plainti The jury found verdict for tie
plaintih for the full amount claimed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
CITY C0URT-TRAt TERM.
Action Against n Physician for Males
practice-Heavy Damages Claimed.
Before Judge Nelson.


practice-Heavy Damages Claimed.
Before Judge Nelson.
Luela C. Saunders II. s. Gibert-Plaintif in this
case young woman who married some three
years ago. seeks to damages TO the amount of
$4,000 against the defendant the physician who at.
tended her subsequent but not at her confinement
March 3d. 1872. The complaint alleges that shortly
subsequent to her confinement she suffered and
planned her physician of great pain in the region of
the pubs, together with sensation of grinding,
or movement of the bones upon one another,
and Of feeling Of the bones being separated upon at
of treatment extending over some three months,
directed the be bathed with arnca lotions &C.
and within few weeks after confinement ascribed her
ailment to want of strength ana nervousness and d.
reced that she should endeavor to get out Of he'd and
band ,proposed consultation. which the physician
thought not necessary, saying he understood the
case perfectly Later and about the LIST Of september,
Drs Dudley and Gilfllan were called in and upon
animation found that separation Of the symphysis
confinement, opinion cOncurred in by DIR. James K
Wood of New York, afterwards called in consultation.
The defendant denies that the plaintiff complained to
him OF pain rupture OF the cartilage ligaments Of
the pubic bones he alleges that he treated abcess
the breast congestion OF the uterus and hemorrhOds
He also claims that when he ceased attending the
patient she entirely cured of these affections
The will be concluded to-day
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
IoMBs POLICE COURT.
The Raid ON the Ball.
Before Judge BixbK


The victims Of Sunday nights raid on the Casino ball
room, Nos 81 and So East Houston street. we're arragned
at the Tombs yesterday morning. There were five wo-
men and nine men. and their are a. follows
Hugo Koelker, proprietor; August Munt Samuel Gold
smith ana !homas Reuter-, employees; Emile tOurdaR,
julius Henlichs, Michael Selick, James Reed William
Benson, Alice Sterling Lizzie Sterling, Catharne
ling. Kate Hefsrnan and Kitty Snow. Hugo Rocker
was held In LOCO TO answer at General Sessions
charge Of keeping disorderly house. the
fined SO each. Counsellor Abe Hummel appeared for
KOelker and waived examination.
Raid ON the Mutual Pools.
Captain Clinchy yesterday afternoon made another
raid on what is known the mutual pool game
then running at No. 6H Broadway. He along with
Ocer Michael Brennan entered the place and arrested
man named Ely Chase supposed 70 be the proprietor
and lad named William COlly, who had charge Of the
door All the property in the place was seized consist
the genuine original wheel on which the horses
bail each to answer by Judge Bixby.
The Baxter Street Burglars.
Joseph Tantorelli and Giovano Cavanaro, who were
arrested Sunday by Captain Kennedy and Detectives
Dorsey and Doan Of the Sixth precinct charged with
burgariousy entering the premises of Geroomo Vol
purre No. 36a Baxter street, and stealing thereirom
$45O were arraigned yesterday afternoon They were
held in 81, 900 bail each to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
THE COURTS.
Trial of BenOni HOvva,.~7
Continued.
The Extradition Of Joab Law
renee to Michigan.
Mixture Of Marriages and Dr.
versity Of Divorces.
UNITED STATES CIRCUIT COURT.



Before Judge Benedict and jury.
The TRIAL of Benon Howard who is indicted for
terfeiting match stamps resumed yesterday. The
twelfth Juror, H. T. Thurber, was selected from the ex-
IRA panel which had been summoned on Friday last
The following gentlemen constitute the jury B.
Mccoy j. H. WardeIl H. X. Thurber. I. 8. Adams James
Campbel Simon Lchrstone, j. d. Shipman w. Il. Eos.
Ter, q. G. spoford, G. L. Kelly, H. s. Turbe and W. L.
Poaneroy The government insisted on but two Of
the three peremptory challenges which It 10 entitled to
svan itself of in . criminal prosecution in the United
States Courts. Mr.. A. H. Purdy who appeared for the
prosecution put questions to the jurors respecting their
intimacy with MI H. B. Clan who had testified as to the
good character Of Mr.. Howard, and his bonds
men, The Jurors all answered that they had further
acquaintance with MI cahin than merely to speak to
MT. Purdy then made his opening, statement to the
case as they came in evidence on the trial Of
tor wa!
kpen an Englishman, who came " this country about
sG% as 'z he
o On ea aesOns wis his
satsmsnt introduced 70 Mr. Howard at his house; il
Re
% q s is as %ssh
,0Sp Staten Island and taken TO house called the
~ Howard informed tue witness nat his place lad
stamps After this the witness as be says went down
OF an evening to the seashore and taxing boat went
ont to distance and pitched the plate into the
water. The plate afterwards found by fishermen.
nesting Howard at the Battery whether BY appoint
fact and SAID he ought go down to staten Island
and see about it. Howard said he would not
and that the best thing to be done TO
deny all knowledge about the plate. The witness went
OF the he cross examined by Mr. huntington
The part Of the accused kpons attention called
by counsel 70 the testimony he had given the prem
mary examination before Commissioner Shields and he
asked whether he HAD not been in the habit making
and engraving counterfeit plates speculation and Of
purchase them. and whether he had not declined to
thereto might would tend eliminate him The wit
ness replied tnat he could not remember exactly
possibly he did so; he did not remember precisely The
anina ton which further hearing of The matter
was adjourned till to-day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
HERALD TUESDAY JANUARY 49, ls74-TRPIE SHEET

prisOnment making allowance for the I'VE days Inn
Rrsonment he had suffered under the hrst sentence
Thereup0n an application made TO Judge Woodruff
by habeas corpus 10 have the discharged
rs Illegal but 1t was affirmed Wrs Of babeas corpus
the record ior review, returnable forthwith On the
hearing VIII Dc maintained that the first sentence was
asked and That the petitioner having already suffered
IMPRISONMENT under sentence of the Court for which
allowance has been made In the sentence for
year the latter void altogether and must be dis
charged hessrs ArnOux Rich and Woodruff for Pc
0ti0ner.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
MEXICO.

Congressional Action in Favor or Home
Industries.
In its session OF November Is, 1873, the Mexican
Congress passed decree to the following enect:-
All establishments OF any new branch Of indus
try whatsoever, not heretofore worked In the
federal district and in the territory OF Lower Cali
fornia, are exempted for three years from the
payment OF direct contributions.
This act is intended as an inducement for CAPT.
talists to employ their means in the establishments
OF new classes of manufacturing and other in
terests hitherto undeveOped in the capital Of the
Republic and in Southern California. The exemp-
ton from payment of contributions. 1t appears
applies to these two places only Tor the present.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

Treasury Administration and the Con.
dftton OF the Banks I'm Peru-Tele-
graphs OBSERVATION-DISCLOSURES An
Chill.
NEW ORLEANS, Jan. IL, 1874
The steamer Andean brings dates from Peru to
the goth ult.
The country continued at peace, the only mat
tiers that keep up excitement being those relating
to the financial condition OF the Republic and the
measures taken by the government respecting IL.
The banks are unanimous in their determination
to resist the decree Just issued-otigng the banks
to buy government stocks at the governments
own price.
Permission has been granted Charles Scott to
construct q submarine cable between Caa0 and
some port in Chill.
false telegram; via Jamaica, that the United
States had declared war against Spain gave rise to
much excitement IN Peru and no little rejoicing.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

merce held on Saturday afternoon last, for the
consideration OF business not disposed OF at the
regular meeting on the sth, the following resolu-
TONS were offered by Mr.. SAMUEL B. RUGGLEs:-
of New YORK is grated to learn that the and
careful examination of the census of the agriculture
$50
70 s s the sna
tural classes OF the country -
wheat Indian corn 3 s and barley
sS7 o2 bushels 1850 2ss lsss bushels and in
Of
ton Of Ss was reported to the m STA
bushels being bushels to !. sas head The proaaet in the
aes 70 the WIN
That the cereal products of the Interior States north
nsn
bass ana sns year IN
5772557l5 bushels and in 1870 sl2 O55 5s4 bushels
bushel for wheat Sc Indian corn and oats with
tss sn Syar Tass e for ns %sS 9a s
,Gnns
ssssa hes ao iSai
terror H Sts!ssp there would re%sin for other
IF shsyap an and d Tasn
portaton, would be exported TO other States, sent
eea he and
ps n II n flour would
sOOoooOo Of barrels aud would MI 1000 Erie Canal
cars each carving addition e ;Si; con
aN the o s tons
appear diminished in weight out much increased in
animal food greatly needed on both sides Of Atlantic,
and serving to swell the rch centrifugal streams Of our
kesSISsd That in the Indictment hs Gha%Se 3, aSs
nSn ppfopey
well managed canals and RAILWAYS Of capacity ana eX
snt % sse pC %GEa Of Of
snG he o4ssn ce
~, ds the state Non and
by an hand the sd By waf BE-
ss,!sa * sSsy' sss's
mo-. sa hs "a
when the
esss WIN nc sesssaty that he produces
we'll the
dlency Of exercising , sovereign authority expressly
comneEee among the staies BY wisely and equta6iy
ierchangns the Cereals Of interior tor the manuiac
lures and other commodities of the States on the sea-
board and ths fabrics and products imported from
Resolved, That among the beneficial and practicable
cheney and value Of The existing channels Of ansporta
eS%%n The
ana and management the canals 70 single superaen
tho fS be Ee
nma oes s0Sh OF auSry divided
OF manIagement and repairs OF the canals now
pectally insure better supply of water Tor their
o Newt the Of the
hen ,s responsibility prescribed by its charter,
70 encourage and promote, by just and lawful and
means such measures as will tend to promote and ex-
tend Just and lawful commerce. now and hereby
recommends that the resolution needed for making this
important change in the organic law, and which was
duy passed by the last legislature be with
out delay by the Legislature now IN session
Resolved. Ihat copies OF these resolutions, duly
autnencated be sent to both houses oil Congress and
the senate and Assembly of the State.
ON motion OF Mr.. RUGGLEs these resolutions
were oruered TO be laid on the table tor action at
iutufe meeting Of the Chamber and to be printed
for the use Of the members
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
OPENING THE VEINS In HIS WRISTS.

Some days ago Albert Roseroth, German "a
years OF age, while in depressed and desperate
state OF mind, opened the veins OF bosn wrists with
knife and, the hemorrhage being excessive, he
was conveyed to Bellevue Hospital for treatment.
Roseroth grew worse and died on Sunday night
from the effects OF his seiinhicted wounds
Coroner W0ltman was notified TO hold an inquest
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
COURT OF COMMON PlEAS-spE CIAl TERM.
Decisions.

by Judge Daily.
Dung Parker.-MOtion granted payment by
plaintiff of taxable costs under the decision OF the Court
OF Appeals.
Faxon ct al. vs. Rokes, Doe Harvey-Motion to
amend summons granted. Notion to substitute name of
H. A. Harvey granted Motion to set aside attachment
granted TO Harvey, but denied to the other de-
PENDANTS.
Faxon ct al VS. Rokes Doe Motion to set aside at
tachment granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
DPREne coUnT-cHAnpenS.

lsrye wssEn poio status. scssvry m ponttcs, though
steadily reusng ONCE and wide spread POPULARITY have
served 70 give 70 the case unwonted interest
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
COMMISSION 0F APPEALS CALENDAR.

ALBANY Jan. IL, 1874
The calendar Of the Commissioners OF Appeals for
Tuesday, January 49, Is as oiiows-Nos. go, So g. 81
63L, "a. IS, TO- Is, 49,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
Chill.

Advices from Chill to the same date state that
affairs there are quiet, and that number OF mmt-
grants had applied 10 the CHILEAN Minister to send
them to the colony in the Straits OF Magellan.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
SUPERIOR C0uRI-SpECIAl TERM.


OecistOna.
BY Judge Mcneil.
Hale We. Stevens, HyslOp Hoppock and Plat vs.
Heltner.-Orders granted.
Levy vs. K0ehler.-Order denying motion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
A Shooting Case.

In the afternoon Oscar Elite placed on trial,
charged with committing elonious assault and battery
upon John Wachols the 30h OF last September at No.
appeared from the evidence taken that the accused
carried business q sewing machine agent there,
while Elite photographer; that for time diff
nculties existed between them In reference TO sgn
mat on the day In question he threw Wachols' into
the street whsreupon the complainant asked him why
while Wachols was going up stairs, the prisoner said,
NOV am ready for you" and simultaneously fired
loaded revolver the ball entering in the region the
liver Wacho!s said he had no weapon He was taken to
the Bellevue Hospital where he remained nearly three
months The doctor extracted the ball.
Mr Howe wished that the crossexa minaton might be
postponed till this morning, in order afford him
portunity to examine the premises.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

% worth Of property The prisoners were each SEN
fenced TO the State Prison for two years
Assault and Battery.
Patrick Doherty tried and convicted Of assaulting
Ellen Hurley 476 Water street, the 10Th OF December
and sent 70 the Penitentary for year.
Francis Burke pleaded guilty OF striking Patrick Bar
re with his nst the 18th OF last month He sent
TO the fenientiary for - days
An Acqufttal.
Isaac Hirschberg tried upon charge oflarceny in
defrauding David Froeiich out Of $40 Mr. Kritxng who
defended the prisoner showed that the complainant and
birschberg were partners and maintained that no lar
ceny could be sustained by the The City Judge
aeld and verdict OF not guilty was rendered by the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
THE TRANSPORTATION QUESTION.

Resolutions Pending In the Chamber OF
Commerce-Products OF Cereals In the
United States-A COmparisOn with
Those Of Europe-Duty of the State I'm
Reference to TranspOrtatiOn-TheG Gem
eral Government Called On to Exer-
else Its Sovereign Authority "tO Regu-
late Commerce Among the States.'
At the special meeting Of the Chamber of CON-
merce held on Saturday afternoon last, for the
consideration OF business not disposed OF at the
regular meeting on the sth, the following resou-
lions were offered by Mr.. SAMUEL B. RUGGLEs:-
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-02-25
ADVERTISING RATES.

One square, (ten lines, less for first insertion
One Dollar each subsequent insertion Fifty cents.
liberal discount from the above rate viii be
made to yearly advertisers.
Obituaries OF over ten lines viii be charged as
advertisements.
All bills due upon first insertion Of ADVERTISE
ment, unless otherwise contracted for.
All announcements of candidates must be paid
for in advance.
jon Work must be paid for on delivery.