davidaulloa/AmericanStories huggingface dataset:
National Republican., 1874-07-09
RY EDWIN J. SWEET,
II Real Estate Broker and Auctioneer
No. Oil Seventh street, opposite u. s. Post Ono

FRAME DwELLISG, On THE NoRTH E2sTf AS I
CORNER OF EIGHTH AND o STREETS
NORTHWEST, AT AUCTION.
By virtue OF a deed of trust, dated MAY %. A. d,
ls1l duly recorded in LIber No. 64o folio IS one Of
Tue land records for Washington county, in the
District OF Columbia, and at the request Of the
party secured thereby, Twill sell, at public auction
IN 'front.' Of the premises, on SATURDAY, July IS,
llIat O'Clock p m, all that certain piece or parcel
OF ground situated and lying In the city Of Washing
ton, y. ", known and described as part Of lois
numbered two (2l and three t5l in square numbered
TOUT hundred and Twenty-Five. CE22 fronting fifteen
street west Of one hundred O0 feet, together with
the improvements as above.
Terms: One third cash; balance at six and tyyeIvn
months, with interest, secured by deed Of trust
One hundred dollars will be required as a deposit
Al time Of sale. All cOnveYancing at puTcba serIs
cost. Terms to be complied with in seven days
- y. II. WARNER, Trustee
Jyo-WFMSds +. j. SWEET. AUctiOneer.
National Republican., 1874-07-09

81 THE ABOVE SALE IS FURTHER POST
PONED UNTIL SATURDAY, July II, lsi4, sane
sE9RGE "; sTICKSEY, lTrussess.
oA" !. I. coLbwELL,
National Republican., 1874-07-09
DENTISTS.

DEhTlSTRY.-C. B. FOSTER, NJ. D., FOR
mi nItS years Dental Practitioner in Phlladel-
ana New York, attends 70 all branches OF his
ReSIIfShiat RSsSiTh AZ No. l06 New York avenue.
aTsrisIs sets OF teeth on platiHa, gold and other
ioIs Oh The most reasonable terms, no5-If
National Republican., 1874-07-09
PY LATIMER q CLEARY,
II AucLlOuezrs aud Real Estate Brokers,
southwest corner Of PENNSYLVANIA avenue and EleV.
snLh street, Star Once Building,
SALE OF VALUABLE IMPROVED
SsFKS9FEEE SsKS9EEETE y, on TUE WEST SIDE OF SIXTH
SIhEET. NEAR ID STREET NORTHMEST, Az

AS-THE ABOVE SALE IS POSTPONED UN-
TIL MONDAY, July %, 1874, same hour and place
By order Of the Trustee.
jys-ThSTu&ds LATlMER & CLEARY. Aucts
National Republican., 1874-07-09
CHARLES Z. PRESTiSS. Trustees.

A8-THE ABOVE Is POSTPONED UNTIL
July 2, 1874 same hour aud place.
National Republican., 1874-07-09
DY Z. J. SWEET,
ID Real Estate gent and AuctiOneer,
5ll Seventh street, Opp. United STATES Posi- Once

TRUSTEES SALE OF A FOUR-sTORY
PRESSED-BRICK FRONT DWELLING on
gFPrVW EHE WEST E,,s SIDE OF 81 SEiVEENgTEENIa gI u,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
BROOKLYN COURTS.
SUPREME CnuRI-Sp ClAi TERM.
The Board of Education to Control tn
Moneys Appropriated tor school Pur
Doses.

The Board of Education to Control the
Moneys Appropriated tor School Pur-
poses.
Before Judge Pratt.
Yesterday morning Judge Pratt rendered de-
cislon In the matter OF the application for man
damus TO compel City Treasurer Cunningham to
pay To the Board OF Education the sum OF $92g,00O
appropriated Tor educational purposes in the
budget The Treasurer claimed that the money
was IN bulk in the treasury, and could not be sep
arated save on the warrant signed by the Mayor,
the Comptroller and CITY Clerk The Comp
tr0Her refused to sign such a warrant.
Judge Pratt decided that the money must be paid
TO the Board, and IN concluding his opinion in the
case SAID 81 do not see, the Collector having paid
Tue treasurer the tax collections without de-
signaling the amount at the time to be credited
the Board OF Eu ucati0n, how he could do otherwise
IMAM deposit tue funds as he did But the collector
having since made the designation OF the specific
SUN TO be credited, the time has arrived When the
BOARD oil Education Is entitled to the credit ana
control OF the funds. TO mold otherwise would not
only subject the Board OF Education 10 the trouble
OF obtaining city warrant to pay every Diil, but
would also subject that Board to procuring their
bs TO be audited by the city Audi or and tue dis
cretlon oil 0tner officers as TO whether the warrants
snall Oe drawn, winch Is clearly not tue intent OF
the law. 1t follows that the writ OF manJamuS
must ISSUE directed to the respondent az Treas
urcr, ~ pray ed or."
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
THE COURTS.
An Alleged Conspiracy Case--.Opening Up the
Old Suit of Cecilia Kerr.
Rights in Literary Property
Seeking Legal Remedy-In-
teresting Proceedings.


suit has been instituted in the United States
Circuit Court against the ex-Postmaster OF this
city, Generar Patrick H. Jones, and his bondsmen.
Charles StOrr, Richard Ii. Manning, executor Of
Horace Greeley; Henry Shields. Sheridan Shook,
IL. A. Burr. j. l.. Smith, @. S. Spencer, Otis N.
Cutler, Abraham Wakeman and Samuel Sinclair,
TO recover sum of s15o,o00, the amount of the
alleged defalcatlon of j. W. Norton, late Superin.
tendent OF the Postal Money order Department,
for whose action, 1t is claimed, General Jones is
responsible, Norton having been his subordinate
and under his directions. The bondsmen OF Gen.
erai Jones are sureties to the amount OF $780,
The old Police Justices have decided on a test
case with the view to carrying the same to the
Court Of Appeals and have the matter decided in
the latter tribunal to the constltutionaty OF the
act under which the present Police Magistrates
were appointed. The suit, which is brought by ex-
Judge Hogan against Judge Morgan, was brought
on for formal trial yesterday before Judge LOew,
OF the Court of Common Pleas. Counsel for Mr..
Hogan stated that the purpose OF the trial was
merely to prepare a case for the higher courts.
The formal evidence was then presented and
verdict ordered lot the defendant, from which an
appeal will, OF course at once be taken.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
COURT OF OYER AND IERMINeR.

Cahiil, tho Cherry Street Murderer.
Saved from tho Gallows-Plea Of Man
slaughter In the First Degree Accepted.
Before Judge Brady.
James Cahill, who Is said to have been brave
and efficient soldier during the late war, but
brought back with him one Of the unfortunate
vices of the camp-an OverpOwering f0ndness for
intoxicating drlnks--llad been drinking to excess
on the 2Sth Of last October Passing through
Cherry street four men standing on the sidewalk
josted against him, and on his demonstrating one
of them struck him violent blow on the nose,
causing the blood to now coplousy. While he was
wplng the blood or his face the same man. as he
thought, struck him again. he then went into
store to wash his lace, and as he came out he met
Michael Colby, whom, mistaking Tor the man who
assault I'd him, he stabbed, Killing him instantly
He was subsequently arrested and indicted for
murder in the nrst degree. His case came up Tor
mel, his counsel, put In a plea OF manslaughter in
the first deg ee, having succeeded in procuring an
acceptance OF this plea from MI. Phelps the District
Attorney.
"Cahil, )" asked Judge Brady, edo you fully under
stand the nature OF your plea and Its consequences
that can send you Oh this plea to State Prison for
life f''
had been drinking; and besdes when served IN
horse and my head is easily affected ever since.
was not conscious of using the kni at the time"
al will remand YOU" said the Judge, ''ior SEN
tence until Wednesday morning"
There being no further cases ready the Court
adjourned till this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
COURT 0f SEES Ions.
The Case OF Ex-City Treasurer sprague-
The Trial Again Postponed.

The Case OF Ex City Treasurer Sprague-
The Trial Again Postponed.
Before Judge Moore.
The case OF eX-City Treasurer Sprague was again
called ior trial yesterday morning. All the lawyers
engaged in the case were present, but Mr.. Sprague
was not His counsel, Mr. d. p. Barnard, said that
he was sick in Rockiand county. Surrogate
Veeder had seen Mr. Sprague yesterday, and SAID
that the latter was unable to leave his bed.
Counsel asked that the trla oe postponed To
the second Monday OF February.
DiStrict Attorney Britton, who Is associated with
MI. DE- NJ van Colt III the prosecution, SAID that the
pubic interest demanded tnat ths case should be
tried. The rules Vi law require that, II cases are to
De p0Stponed-and the rule Should DE peculiarly ap
plled In case OF TINS nature, Wncn has been so
frequently postponed-some reason should be
shown, under oath, why the defendant Is not
Barnard'S statement, Tor the Court 10 excuse Mr.
Spragues aDsence. man may tie SICK and ct
ready to go on. man may be very sick and he
unable to come to a court room but IN this case It
Is simply stated that the de endant Is SICK.
There is no reason submitted here why the cuse
should not be tiled, and ask that either the
ground known to law be produced be ore the court
or that 1t should be put OF upon substantial
grounds based upon afidavlts which the Court
should take cognizance OF. | do not wish to move
1or a default, but wish that Il should be decided
upon the grounds which nave stated.
Judge Moore said that the case might stand over
until Wednesday IN order That the necessary IN
davis could be procured. He would then decide
the question OF further pOstponement.
This Is the fourth time Tie trial mas been post
DOneQ,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
A POETIC STEAMSHIP.

On Sunday evening the new steamer Herder, OF
the Eagle line, arrived at her dock in Hoboken,
from Hamburg. Captain Fischer stated that she
had rather rough passage, having taken
northerly course, but that she is in an excellent
condition Notwithstanding. The Herder (which Is
named alter the great German author Herder) is
sister ship OF the Goethe, the pioneer vessel OF
this new line, an extended description Of which
has already previously appeared in the columns OF
the HERALD. 1t Is certainly a noteworthy fact
That the iiiustrious names OF the great poets OF
Fatherland Will all become familiar to every sea-
tarer In the Atlantic ocean who sees the steamers
or the Eagle line. There Is already Schiller,
leasing, a Wieand, Kiopstock, koerner and
Herder, &C., ana even the most uneducated sailors
VIII soon be acquainted with the great names that
shed a lustre upon German poesy.
The Herder h iron built, with compound engines
OF 5000 horse power, with high and low pressure;
1915 feet keel, iOrty feet broad and thirtytwo eet
Deep and gross tonnage OF 5000 tons. She Is con-
structed in accordance with the iatest Improves
ments in building iron steamers, ana the passen-
ger accommodations are similar TO those OF bhe
Goethe. There Is a first and second cabin-the lat-
ter being on the main deck-whlie the steerage pas
sengers occupy that portion OF the spar deck winch
In most or the German steamers IL used Tor the
second cabin. The steerage is partitoned or In
separate state rooms each accommodating from
Six to twenty persons, eight 1eet nlgn, Ilgnted by
side windows and heated by steam IN cold weather.
The new steamer Will not make the passage to
Plymouth as fast as Herder's poetic fancy would
have done, but In about ten days, according to the
statement OF the manager oil the me, MT. rlage-
DORM She will be able to carry zoo cabin and 1000
steerage passengers. she Is solldy DullS ana mag
nifcently fitted up, and Is certainly In point OF
splendor, worthy OF the name OF Germany's superb
poet.
There was q rumor yesterday that the Herder
would be unable to carry out the mail to Germany
on Tuesday, but this report was denied by the Az
taches OF The line.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
RIGHTS IN LITERARY PROPERTY.

Bret Hartc Taking to Heart tho Pubii-
cation Of . Book with His Name Au-
thor-sccking Remedy I'm the Courts
Interesting Proceedings.
A case came up yesterday in the Supreme Court
Chambers, before Judge Lawrence, Involving an
important questionable rights in literary prop
erty. modern titterateur, Of certainly extended
reputation In his way, and who In that curiousIy
quaint poem, "The Heather Chinee," discourses OF
Ways that dark,
And tricks that are vain,
claims himself to have been made the victim OF
ways that require the light of legal illumination
and tricks the vainness OF which he claims de-
mands prompt and summary judicial estoppel.
Bret Harte, 1t seems, several years ago, wrote
series OF sketches for the Golden Era OF San Fran
cisco, CAL, under the title of
"ULIss THE IDYL OF THE RED MOUNTAIN
ACCORDING to his lawyers statement some MIS-
understanding arose between Bret Harte and the
editor and alter having fairly launched his char
acters and excited public curiosity as to their fll
ture careers and destinies, he refused to write
any more Inc Golden Era editor with that fertility
oil resource indigenous to many knights OF the
gull, employed another writer to take up the
thread oi the narrative and finish the story. The
series without any trouble, and a paper IN this
city republished them as last as they appeared.
An enterprising publishing house here Published
them in book Orm--the yellow literature STYLE of
book, however, with paper covers. 1t was sold at
news stands, IN cars, on steafhbOats-sold any,
where and every where-Asold as Bret Harte's book
Meantime Bret Harte's books are published in
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
COURT CALENDARS-THlS DAY.

SUPREME COURT-CIRCUIT-Part Held by Judge
Barrett.-Nos. 2549 3yl. 1876, 2779, 715. 277 1907,
1884, 1905 1875 1927, 20sl 1885, 1892 1887 124i l245,
1247, l249, 125IH. Part 2-Held by Judge Van
Brunt.-NOs. Sl4, IL, 1885, 1464, 1466, 146s, 147O,
147e 1885, 1855 149S 1900 1904 1900, 150s 1870 LOLA
1882, 1885, 1916.
SUPREME CoURr-GENERAL TERM-Held by
Judges Davis, Daniels and DOnohoe.-Nos. Is, AZ.
1885, 172 2SS, 32 H. 104, 122, 124, l2S 129, $780, 49,
SUPREME COURT-UHAMBERs-Held by Judge Law
rence.Nos. u.s. TO- a. IL, 81, 95, H. 49, 12l, 139,
142 143 1876 1885, 19O 1872, 1885, 1876, 1885, ZOO FOG, 20
20S 2l, 2l5, 27, 2l9 go, 22l 222 226 22S $780, 25,
1885, 23D, 245 240, 28l $50, 2s4 294, 302 325, 1873.
SUPERIOR COURT-TRIAL TERM-Part Held by
Judge Van VOrst.-NOs. 621, $50, 723, 61 40l, SAB,
sos, 749 ISL, 6s3, 763 1863. SILL S73, s75 $40, $751;
1888, S87, $780, Part 2-Held by Judge Sedgwick.-
Nos e7e 7o2. $50, 722 90, $50, 726, 74O, 744, $780,
572, 75s 514, 66S, 392.
COURT OF COMMON PLEAs-TRrAL TERM-Part l.
Held by Judge Loew.-N0. 6l2. Part 2.-Ad-
iourned for the Term.
COURT OF COMMON PLEAs-GENERAL TERM
Adjourned until first Monday in February.
MARINE COURT-TRIAL TERM-Part l-AdjOurned
for the term. Part 2.-Adjourned Tor the term.
Part 3.-Adjourned Tor the term.
COURT OF GENERAL SESsIoNs-Hed by Judge
Sutherland.-The People vs.. George Droske and
Edward Madhnger arson; Same VS.. owen Clark.
ielonious assault and battery; Same vs.. Lewis
John Barrett, felOniOus assault and battery; Same
Vs. Denis Hendre, larceny and receiving stolen
goods; Same vs.. Henry d. Johnson, larceny and
receiving stolen goods; Same VS.. Lewis Raymond,
grand larceny; same VS.. william Green, grand
larceny; Same vs. Henry Wilson and James Muir
ray, grand larceny; Same vs.. Carl Kline 1--WE
cases). grand larceny: Same w. John Williams and
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
UNITED STATES SUPREME COURT

WASHINGTON. Jan. 20, 1874.
The case Of Edward LANCE, New YORK mer-
chant, who was convicted OF stealing mail bags,
furnished his firm by the Post Office Department,
which is before the Supreme Court on certorari
and habeas corpus, was argued to-day. Lange
was sentenced to one years impr sonment and to
pay a fine OF $500, and was on the same day COM
United to Jail In execution OF the sentence, and
on the following day payed the fine. Five days
alter, at the same telm, he was brought up ON
habeas corpus Tor his discharge, because OF error III
the sentence, on the ground tnat under the law he
could not be both fined ana imprisoned. There
upon the sentence was vacateu by the Judge who
pronounced it and he was resentenced to
years Imprisonment. Upon another writ OF habeas
here commended that the original sentence was
Illegal and the prisoner should nave been discharged
on The first habeas corpus and that the sentence
being In part executed the case was beyond the
authority OF the Court to vacate ana reSentence 1t
Is also main tanned that the payment OF the line Is
bar to the infection OF Imprisonment under either
sentence. The government insists that 1t is well
established as the law OF this Court and
the general rule OF the criminal law that
q sentence passed upon a person, If erroneous,
may be vacated, Ike any other judgment, during
the term in which 1t Is pronounced, by the Court
which awarded 1t, and the prisoner resentenced
according to law. AS the power OF the Court to
sentence prisoner Is not aflected by the fact that
he has entered upon the Imprisonment ordered
by the Court under the first sentence so 1t cannot
be affected by the fact that he had paid the fine.
Whether the fine thus imposed may be RENTED
by judicial authority Is not question that can be
raised IN this proceeding; 1t Is sufficient that the
fact OF It's payment does not nvalidate the sec
ond sentence. william II. Arnoux for petitioner;
Attorney General Williams and Assistant Attorney
General Hill Tor the government.
1t was announced that the Court will take
recess from Friday next until the I'd OF March.
In the case OF Walker VS.. The Board OF State
Water Commissioners, from the Circuit Court Ior
California, 1t held in accordance with the deci
OF the Supreme Court OF that State in the
OF the People vs. Davidson, That the alcaldes Of
the Pueblo OF San Francisco possessed no au-
thOrity TO grant any lands covered by the tide
waters Of the bay, and that, therefore, the grants
under which the plaintiff IN error claims were in
operative to pass any title TO the premises In ques
ton. Mr.. Justice Field delivered the opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
JEFFERSON MARKET POLICE COURT.

Little business Of Importance was transacted in
the above Court yesterday.
Captain Williams, OF the Eighth precinct brought
in fourteen coiored men whom he had arrested the
previous night IN the low groggery No. 1877 Spring
street, where they were playing cards. II could
not be shown that they were gambling or even
acting in a dsorderly manner, consequently they
we're all discharged.
Checkmated.
George Wellerhausen, charged with obtaining
money by forged checks, was again brought up for
examination. Complaints are stil being re-
ceived in large numbers. Three persons produced
cnecks yesterday afternoon and told the story OF
how Welierhausen had induced them to give him
the money. The prisoner was committed, nOtwith-
standing the exertions OF his counsel, who raised
several technical points in his behalf.
The Masked Burglars.
John Calvin, the man who was arrested by Cap
tain Mcllwain, charged with having participated
in the robbery OF the jewery store in Ninth ave-
nue., near Twenty-third street. on the night OF the
9th inst, again brought out OF his cell 1Or ex
animation. Some hall dozen witnesses were pro-
duced lot the purpose OF proving that the prisoner
was in q liquor saloon on wooster street on the
night the ROBBERY was committed. Justice Kill
breth took the papers, ana reserved his decision as
to whether or not he would mold Calvin TOR trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
T0EBS POLICE COURT.
Highway Robbery.
Before Judge Morgan.


Daniel Boyle, OF No. 219 Provost street. Brooklyn,
was walking through Roosevelt street, at half-past
ten O'CLOCK on Saturday night, when he was ap-
preached by two men. One OF them caught him
around the neck aud held him while the other
robbed him OF $40. Boyle cried out "POlice" and
both OF them ran away. he followed them and
caught one, whose name Is Thomas MCGOWAN, and
held him until the arrival or Oficer Emil Bach,
OF the Fourth precinct The other man escaped.
MCGOWAN was arralgned before Judge Blxby yes
terday and held In 81, 900 bail to answer.
Attempted Burglary.
Enoch Davis. OF No. IS King street, was arralgned
for breaking into the apartments Of David Magee,
No. Al East Houston street, and stealing $50 worth
of clothing. The prisoner, who a miserable
looking person, said that he was guilty OF an
attempt and implored the mercy OF the Court. He
was held in 81, 900 bail to answer.
Another Wife Beaten.
Mr.. and Mrs. John G. Besbacher, OF No. "a
Elizabeth street, do not agree very we'll Early
yesterday morning Mr.. BIesbacher came home,
partially intoxicated. and quarreiled with his vile.
he pulled out pocket knife and stabbed her twice
in the arm and once IN the shoulder. OHicer
Michael j. Hickey Fourteenth precinct, heard the
noise in the house and ran In: He arrested the
husband, who was arraigned before Judge Morgan
yesterday, and held In 81, 900 bail to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
STEAMBOAT LIGHTS.
Aishts on Steamboats, and Tugs at SUN.
set-A Meeting OF Steamboat Owners
Yesterday.

Lights ON Stea mboats and Tuys .t Sum-
set-A Meeting OF Steamboat Owners
Yesterday.
Yesterday meeting OF steamboat owners and
agents was held at the office orwarfords. Robin
son Co., No. 10 Coenties slip, to receive the re-
port OF the committee sent on to Washington to
complain oil the fines lately fixed on steamboats,
and tugs for not having their lights hosted at sun
set The meeting was largely attended, Mr.. L.
Boyer. OF No. % south street, presiding and Mr.
Munger, OF A. c. sumner 4 Co.'s, acting az Score
tary and Treasurer The committee sent on 10
Washington consisted OF Mr.. L. l.. Fisher (wbo last
year was Speaker OF the New Jersey Lower House),
Mr.. g. II. Baker, Jr., and MIR. W. G. Egerton. They
reported that they were most kindly received
by Colonel Howe. General ID. d. smith, super
ardson anS President Grant, aSd that
every assurance was given them by these gentle
men tnat the subject OF their complaint shonio be
properly attended to. The secretary OF the Treas
ury sad he would remit all fines, anu, as far as
possible, he would also remit any expenditures in
CURED by steamboat men because OF libels already
made. Some OF these nbelled in Brooklyn had
already paid s25 to $50 for hals lees, and Ii
tue law so allowed, he would see That this was re-
mltted. As to the lees OF lnfOrmers, he was OF
opinion that the whole system OF paying lniormers
should Dc abolished, and he would urge on Con-
gress TO pass law to TINS effect AS to the law
req ring lights to De raised at sunset this law
would rculain in effect, now that steamboat and
tug owners understood that this was the law and
IL would be enOc ed. Gen raj Smith also prom
Used TO nave the laws in relation to steamboats,
cudlned, SO mat no mistakes wonld be made
AS the laws were now arranged ne could not him.
self stand an examination on all the particulars.
In the presence OF the committee the Secretary OF
tn7 treasury wrote an oruer Diminishing klmball
the New YORK iniormer, from the employ OF the de-
partment.
The committees report was accepted, and
resolutions were passed thanking Secretary Rch-
ardSUn, General smith, Colonel Howe and United
States Senator Frelngnuysen Ior the interest they
mad taken IN the matter They also passed
resolution unanimously that they would have their
lights up ut sunuown in iuture, ana another ask
Ing Congress To aDOsh the system allowing in
formers, and TO substitute therefor salaried
officers.
NJ. Augustus A. Brush. Special Agent OF the
united states treasury was present at the meet
ing as "a representative OF the government, and
said that his Instructions CORES ponded with the
report OF the com nirtee.