davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-12-23
DOCK ENCUMBRANCES.

Commissioner OF Docks Salem Il. Wales. at the
last ting OF the Board OF Dock Commissioners
proposed q resolution. which was unanimously
adopted, to the effect that all encumbrances be
cleared on the bulkheads and piers in this city
within the splce OF ten days after notice had
been given. Notices to this effect are now being
sent out TO the respective occupants, giving
ofhcial information Of the same. Mr.. G. W. Blunt,
Pilot Commissioner, who has handed the Mayor
and the Grand Jury maps, pointing out the bulk.
heads and piers where encumbrances exist,
states that the matter Is now taken out OF his
hands by the action OF Mr.. Wales, whose conduct
he strongly approves In the matter.
The New York herald., 1874-12-23
MARINE COURT-PART 4.
ACTION ON A PRoMIssoRY NOTE.
Before Judge McAdam.


Rogers ct al va. The French Manufacturing
Company.-E F. French, President OF the French
Manufacturing Company. made . note for 81, 500,
payable to the order OF his brother John A. French,
who indorsed II and placed II IN the hands OF
samuel A. Smith to be negotiated. Smith, after
one or two unsuccessful attempts TO get t1e note
discounted, applied 10 james S. Mason, the New
York agent OF the plaintiffs. Mason said he thought
he could get the note discounted, and at Smiths
request took the and paid him $500 on account
OF II. Afterwards nndiug that he could not get
the nore discounted he demanded back the $500
which he had paid on account OF 1t, which
was refused, and this action was then
brought to recover, not the full amount
OF tue note, but the $500 which had been
pad on account OF H For the defence 1t was
claimed that the plaintiffs were no, bona Fde
holders oi the note that they could not acquire
title 10 portion oil the note; they must nave
title 10 the whole or none. The Court held that,
the money having been paid ON the credit OF the
note the plaintiffs were entitled TO recover 1t
back, and directed verdict for the plaintiffs for
$500, with interest.
The New York herald., 1874-12-23
AID FOR ELIZA COLLINS.

The readers OF the HERALD cannot have forgOts
ten the SAD case OF Eliza Collins, the poor irish
girl brutally outraged in the Smallpox Hospital
on BlacKwelI's Island u lew weeks ago. She liz
now but O wreck OF her former sel[ and Is In per-
iectly destitute circumstances. Her unhappy con-
dltOn 10 piteous appeal 10 the sympathles OF tho
charitable, whose contributions In aid OF the
sufferer will be judciously expended and promptly
acknowledged Dy the superintendent OF the
Working Women's Protective Union, No. 4S
BleecKer street.
The New York herald., 1874-12-23

dence ana Boston, the object OF the agent Defng
TO show them the arms manufacturing establish
ments, cotton factories ana other objects OF In
terest there. They Will return nither at al early
day, when IL ID the purpose OF Governor Army TO
deliver lecture, at which the chiefs will be pres
eni, and In which the Old civilization OF Arizona
under rhe Aztec rule will be touched upon and the
present condition OF the country and tue deacen-
dauts OF its original Inhabitants described.
The New York herald., 1874-12-23

demanded this account The Legislature levied
a1 % Sr m o On rata lax va. only
Ss34,000 odd. The state Comptroller held the
sa7 900 re erred to en- Offset for the es oe
IL was not In the power OF the State Comptrolier
TO do. instead OF waiting 10 get the valuation OF
charged Kings county with the S6s2, ,00s. The
Comptroller was charged by the Legislature with
what he should receive, what retain and what pay
over. He had no right to institute system OF
bookkeeping unauthorized by the law oi leoo Inc
law requires na ne sna send 70 se oa esore
the Ist OF October every year he should
charge the COUNTY Treasurer with the pro rag
amount to be raised. All this trouble arose out OF
the Illegal tax Of 1872. Ihe Legislature. without
stating Tor what object LEVIED atax on the state
Was orought before the Court Of Appeals. which
decided that Kiags county was right Nine
teDtns of the counties had paid the tax before this
decision was rendered. In 1873 a law was passed
by the Legislature muicting Kings county IN
sos 1000 rs punishment lor refusing to pay the
MIR. Fairfield contended that Kings county was
deficient in It's state tax, after having been
Tais was motion to begtn an action against the
state, whereas the state was not suable. man
Of an act Of the
There was no money In the State Treasury, and
mandamus would compel the Compti oiief to
the Judge took the papers and reserved his de.
cislon.
SUPREME CoURT.-'THE MILLER AND HIS MEN,
AGAN-MoTIoN TO STRIKE OUT A SHAN AN
swER-EFFEcT OF THE DEATH OF DEFENDANTS
ATTORNEY.
Before Judge Pratt.
The case OF Richard Richardson against Joel T.
Rice aud Philip II. Wiedersum came up on mo-
tion to strike out the answer as 'tsham'' before
Judge Pratt in the Special Term OF the Kings
county Supreme Court yesterday. On SATURDAY
last Mr. p Ready plaintiffs attorney, obtained an
order to show GAUGE, and served copy on the de-
ientauts' attorney by leaving it his desk at his
office, No. 62 Wall street. When the case was
reached yesterday Mr.. Ames. OF No. 1877 Broadway,
appeared aud stated tnat the attorney or
record IN the case, Sir. Henry ID. Lapaugh was
dead; that he died at his residence in
Westchester county on Saturday, and that as he
had died before the papers were lett at hls oInce
by the plaintiffs attorney the defendants were
not bound TO appear. Plalntins attorney then
applied for and obtained permission to put the
case on the calendar for the next tcrm as they
had already been noticed Judge Piatt also d.
rected plaintiffs attorney to notify the defendants
to appoint another attorney, IN accordance with
title 2 part chapter section o. OF the Revised
Statutes. THIS viii delay the trial at least one
month. Por plaintiff, P. Ready; Tor defendants,
Mr. u. b. AmeS.
The New York herald., 1874-12-23
COURT CALENDARs-THIs DAY

SUPREME CoURT-CHAMBERs-Held by Judge
Davis.-Nos. $780, TO- &C. 80, 81, 70 106 11s, I29 1877
14O 14S, 149 1855, 157 l5S, 1885, 1885, 2OO l. IL a. 2a
SS, AZ, ~, A.. 49, 6s, 49, rs, 49, ~ so, 81 49, s3 s5
SO, 49, 90, 93 1o2, 1l2, 100, 123, 1N, 12e 1873 1911
1872, 135, 1885, l3e III, l43, las. ISL, l69 l7o ia
IFS, 1s1, Is7, 1S9 49l, l9S. Cali 2o1.
SUPREME COURT-SPEc1AL TERM-Heid by Judge
Van rst.-Demurrers-Nos. 8. 70, 16, %, 25
Issues OF law and fac;-Nos. 1Ss, 1888, Ill 178, lsO
223, 225, 2zS 231, 237, l, IL, II.
SUPREME CoURT-CiRCUfT-PRr 2-HeId BY
Judge Van Brunt.-Nos. 1884 2642, 1886, l776 $50 y.
1905, 100. 092, 2662 46s, 2O9O, 272O 2722 Part a.
Held by Judge Lawlence.-N0s. 1868, 1899, 1895
4O61 887. Gill; 1881, 2l8a 4067 433l, 1885, S27 1897
1879, l129, 26S6, 1877, 1885, s77, 4599.
SUPERIOR CoURT-TRIAL TERM-Part Held by
Judge Speir.-Nos. 1851, $50, $685. s79 s5l, 1885, 653
$40, 6i5, Si3 $685. Ssi, Ss3 ss5, ss7. Part 2-neid
by Judge Freedman.-Nos. GA, 78s, no. 74O, 7I6,
7oS us, 712, 77S, ia. 972 172, 1o.
COMMON PLEAs-TRIAL TERA-Part l-Held by
Judge Larremore. Nos. 22s 2o99, 2ioS, 1876, 1850.
1856, 1914. 1884, 1o9s. ll90 525 7s2, 4s7 oJ. Part
2-Held by Judge Loew.-Case on. No. I2i4
MARINE CouRr--lRIAL 1ERk-ParL l-fIeid by
Judge JoachImsen.-Nos. $685. 1917 753, e0l. Part
2-Adjourned for the term. Part 3-Held by Judge
Aker-Nos. ia, 1881. 1888, l042. l045, 1047 l0io,
1850, 1858, 1865, 1863, 1000, 106i 1902 0G3 Part A.
Held by Judge McAdam.-Nos s6s, 1892 So7, 222
223, 2237, 1897, l49s. 2099, &C. AL, 600 go, s32
1854, 1859, e2, 92l s27 1919. 1850, 1884, 1881 1926
2jl 1887, 2l7l, 2le2, 1917. 1892, 1888, 1903 2lll
2l44. l05S 2l52, 2252, 224A 2135, 10oi, 15il 2iS9
225Q, 22s8. 2299 1888, 2l2i, 1il7.
GENERAL SEssioNs-Held by Recorder Hackett-
Tue People VS. John Coyle, robbery; same vs..
John Keating ana Charles O'Ne burglary; same
vs. John simpson, Charles Sanborn and William
Morgan, burglary.
The New York herald., 1874-12-23
JEFFERSON MARKET POLICE COURT.
BOLD ROBBERY ON BROADWAY.
Before Judge Smith.

bOlO kObbEIsI ON 6hOAOWAfs
Before Judge Smith.
On Monday afternoon Messrs. Hornthul, White
head Co., OF No. 80 Walker street. sent their boy,
Louis A. yanderxinter, to the Ninth National
Bank with $3.50 TO deposit. While the boy was
ascending the steps OF the bank the money and
book were sDatcbed out OF hts hands by man
standing near by Young Lonis gave ,the alarm
and Onicer Lyons chased the bold thief for two
blocks The alleged thief was taken to the station
nouse where he gave his name as Robert Daily.
Before Daily was arrested, however, he found
some way OF dlsposing OF the money. as IL was not
in his ossesslon when ne was searched. Judge
Smith yesterday committed the prisoner IN 81, 700
bail TO answer at General Sessions.
RECEIVING STOLEN GOODS.
Mrs. Emma Marsh, Of No. 104 West Twenty.
seventh street. was committed IN $1,000 bail to
answer yesterday Dy Judge smith Oh charge OF
receiving stolen goods. o1icer Rogers, who ar
rested Mrs. Marsh made affdaviEthat he was in
formed by boy named Joseph Hanna, that she
had bought two hats, valued az SIC, which she
the deiendanp knew had been stolen from one
AuVcline Parker.
The New York herald., 1874-12-23

stantial, and the jury rendered q verdict OF not
guilty without leaving their seats
Abraham Hart was also acquitted OF charge OF
stealing SOS the 18th inst, from store IN Grand
street. kept by his father. The mother OF the boy
was the complaining witness, who told the Re-
corder tnat her husband was q little crazy, and
that since the complaint was made she found out
that Mr.. Hart, ST., mad the money.
The New York herald., 1874-12-23
SUPERIOR COURT-sPECIAL TERM.
DECISIONS.

By Ju1ge sedgwick.
Fitzgerald vs.. U'Grady.-Flndings OF fact and con.
cluslons OF law settled and flied.
Smith vs. Reynolds ct ai.-The answer is not 80
clearly without merits as 10 be frivolous. Motion
denied, with $40 costs TO abide event.
witkowski vs.. Brennan ct ai.-lhe defendant
(Coning.) in.erposed in defence different from
that OF defendant (BrenDan). tnder Haye vs. Rob-
ertson (6 J. a s.. 6D deiendant tComings) should
have his bill o, costs taxed.
Logan vs.. Logan.-Oider VI reference gran ed
Lynch vs.. Jiycrs--I 10 nctthink the examination
SHOWS the Indebtedness by the city.
Bradley VS.. MHireIn.-Flndlngs OF Conclusions OF
law settled and filed.
BY Judge van Worst.
Porter, executrix, vs.. Parmy.-Order settled.
The New York herald., 1874-12-23
SUPREME COURT-CHAMBERS.
BY Judge Brady.

BY Judge Brady.
Lycoming Fire Insurance Company vs. De
Mott.-Mot ton denied.
Knapp Va. Barr.-Tne defendant was not bound
to answer the question.
BY Juage Donohue
Shiels VS.. Shiels.-Mouon denied.
Ocns VS.. Cavanagn.-Reierred to tax costs.
Lewis VS.. Wadsworth, &c.--Aemorandum.
Kranch vs.. Pfund.-Granted five per cent allow.
ance
Howland vs. Hutchlngs, &c.-Orier gran ted.
BY Judge Davis
Tying vs. RoblnsOn.-lne damage stated at
$40 600; allowance OF $500 granted,
Wilson vs. Worrall-I think this motion should
be denied with $40 costs. No Dill OF particulars
mas ever been demanded. The AFFIDAVIT OF deen.
dant shown has all the particulars OF the claim OF
plantIfr in books kept BY himself. The motion is
made for delay. Defendant may have ten days
further time to answer, on payment OF $40 costs
OF opposing motion.
Barker Va. Barker.-RepOrt OF referee con.
drmed and decree or divorce granted.
Ellison vs.. Sproui.-Order granted.
The New York herald., 1874-12-23
COURT OF APPEALS.


In the Court OF Appeals, to-day, the following
decisions were rendered.
Judgments aflrmed with cosrs.-The National
Life Insurance Company OF the United States OF
Eanay as
d. Periine VS.. Hiram u. HotcLkiss; J. Munroe vs..
Elvira Barily; William NJ: Gambling vs.. David L:
Haight; The German Exchange Bank vs.. Micnael
Groth; same VS.. Same; Thomas W. Irwin vs. The
New York Central and Hudson River Railroad
Mary Bauec, ADMINISTRATIVE, vs. Tne New York
and Harlem Railroad Company; Abraham Dowd-
ncy vs.. George W. McCOliOm.
Judgments ai,irmed.-Yne People, &C., vs..
Judgment reversed and new trials granted, costs
to abide the event.-Ann Maria Cailigan, admlRls-
tratrx vs. The New YORK Central m and ana Hudson son
New York Central Railroad Company.
order aiirmed and Judgment absolute for re-
spondent on stipulation with costs.-Egbert Cary
Judgment OF General Term reversed and judg.
ment ior plaintlt on bond, with costs-The Home
order OF supreme Court affirmed and judgment
absolute lor defendant on stipulation with
D%nsS VS. cass H. n ,hS
no Judgment was eatered.-Moses J. weeks vs.
Frank Bowman.
cree affirmed, with costs.-James c. Ram vs.. The
Home Insurance Company OF Columbus, onto.
North America vs.. lhe National DanE OF tine Com
mOnweaith.
The following proceedings took place in the
Court Of Appeals to-lay:-
Motions-Jackson vs. Andrews.-N0tion that the
remittitur be returned. Granted.
The Marine National Bank vs. The National City
BaDk.-Mo:ton Tor reargument submit ed.
Paine VS.. McCarthy.-Motion to dismiss appeal
submitted.
Graves vs.. wait.-Motion for reargumenr sub
mitied.
Dutcner rs. The Ninth National Bank.-On read.
ing and fling the stipulation OF the attorneys Tor
bOth parties, on motion oil s. w. Rosendale, OF
counse! for appellant. ordered that Inc Judgment
in this case follow the Judgment in the case of
tional Bank, decided in this court during the
present term.
miJted; appellants papers to he forwarded.
GENERAL CALENDAR.
Barry va. The Equitable Life Assurance So.
ciety.-Argument resumed this morning and con-
cluded.
Waverly Paper Mills vs.. Bristol.-Submitted.
The Court taxes o recess to Tuesday January
10, 1875, at ten O'Clock A. M.
The New York herald., 1874-12-23
SUPREME CoURT-sPECIAL TERM

DECISIONS
By Judge Van Brunt.
Casserly VS.. Manners.-Me II Orandum.
BY Judge Van Worst.
Peck VS.. ACKNOWLEDGEMENTS.
Karst VS.. Mutual BENEFIT Savings Bank. Men,
orantum
Berlnger W. Schaeler.-Notion granted by de.
fault.
The New York herald., 1874-12-23
ESSEX MARKET POLICE COURT.
AN OWNER WANTED.
Refora Jutloe Wapdell-


Late Monday night Onicer Hickey, OF the Seven
teenth precicct, met young man in East Twelfth
street with suspicious looking bundle under his
overcoat Officer Hickey arrested the young man
and brought him to the Filth street station house.
The bundle was opened and quantity OF silver
spoons, forks nut plcRers, &C., all bearing the
initials IA. r. to C. r. we're found therein. the
prisoner, who gave hts name as John Mccarthy,
OF No. 4ls East Twelfth street, was arraigned be-
fore Judge Wandeil at Essex Market Court yester-
day. when he stated that he found the above
mentioned property IN an ash barrel In East
Eleventh street. He was remanded for examina-
tion.
PUNIsHING THE sNowBALL.ERs.
Some ten or twelve boys were brought up yes.
terday for throwing snowballs and they were all
committed temporarily to the prison. Judge
wandell felt particularly aggrieved yesterday
against the youthful snowballers, as on riding
he was struck in the left eye by q piece oi ice
thrown by girl named Lucretla NJ. Fordnam.
The New York herald., 1874-12-23

lady was . ooaruIng souse keeper. who had
threatened to eject IN Italian donna sec0,sda
from her apartments. not rom non-payment Of
rent, but from an anxiety TO be rid OF her. The
prima donna sought for an Injunction InasmUch
as she had issued circulars from the place and
was establishing Q good win, and claimed lease
until May l. The landlady's assigned counsel ar.
gued that there was an ample remedy AZ law ana
injunction would not lic-a view which the Juuge
adopted. Then the counsel for the operate laay
said his client han already been elected since tno
proceedings began, and her furniture put OUT , on
the sidewalk, and he demanded atlacnmeht ,oI
contempt. But, as the original ipJuncson tas
been pronounced untenable, The court lntlmateu
that should such motion be pressed y moun no.
be discretionary granted. Wbereupon tne OPERA
tic counsel said he would sue Ior damages. Inc
parties TO the unseemly squabble twnose names
we suppress alter the fashion oi the OLD year
books) then ieft Tney were succeeded by another
lady who was peing examined under Judement
debtor process for the purpose OF ascertaning her
assets She objected 10 the question asked, and
argued briefly. but III very excited manner,
against its Injustice. To this counsel replied quite
Doliely and the Judge was ccmpelled TO decide
against her, but with sucn cbvairic words rs must
nave made her feel with Sheridan's creditor, that
the polite refusal was better than cnnrilsh pay
The New York herald., 1874-12-23
COMMON PLEAs-EQUTTY TERM.

SUIT FOR FALSE MPRIsONMENT.
Before Judge Loew.
Charles Il. Cogswe sued James A. Walsh for
false Imprisonment, and the case came up for trial
yesterday IN this Court. The plaintiff charges
that he was falsely accused OF taking money and
locked up over night aud cietms $4,000 damages.
long argument ensued as 10 the nature vi the
offence. Decision will be given to-day.
The New York herald., 1874-12-23
MEMENTO OF THE LATE WAR

In 1854 Mr.. Hin Goudy was q commission mer.
chant in Atlanta, Ga. Mr.. Antoine Pouiaine
claimed that he tnen had deposited with Mr..
Goudy AL packages OF tobacco, valued at s2i,i75,
the same having been left with him to be sold.
II Is further claimed that the same was sold and
that no accounting OF rne proceeds could be OBJ
tanned The result was q suit at law. which camc
TO trial yesterday In this Court. The defence was
that the claim had been iui adjusted and settled
ana all balances due SCI lied. Among tne testl-
mony elected was the following, the party under
examination being the deendant:-
Q. In what shape did you receive the proceeds
Tor the sale OF tnis tobaccoS A. IN confederate
money altoget ther; we had no other currency.
.. What was the vaiuc OF Confederate money at
this tine as compared with gold A. cannot
tell you; Confederate money was constantly de-
preciating all the time.
The defendants, at the conclusion Of the cvi.
dence, asked the Court to direct verdict ia their
favor. TINS was argued at some length, but
nDaly ended in a verdict to this effect being or.
6erp
The New York herald., 1874-12-23
UNITED STATES SUPREME COURT.

WAsHINGIUN, Dec, ZZ I614
No. 400. United States VS.. Williamson-Appeal
from the Court Of aims.-The complainant was
commissioned captain OF the Forty-secoDd infar.
try, to rank from January %, 1857. lie accepted
the commission in April OF that Jear, and served
as captain until Dy general orders IN 1861 the in
fantry regiments we're consolidated under the
act of Congress ipy that purpose, when he was re.
lieved from duty and ordered home to await fur.
tner orders. On December 31st, 1870, ne was mus.
tered out OF tha service, being paid less than iu
This action was brought to recover The balance OF
his pay, the claim being that the EXECUTIVE De-
partment could not reduce the compensation Of
an 0ficer fixed BY law; that such reduction
eau only be made by act or Congress. The Court
OF Claims for the purpose OF having the question
decided mere, gave judgment Tor the od1cer, and
on appeal the government insists that claimant
elected TO pe placed on waiting orders lie can
now claim but half pay. Case submitted on printed
briefs. John Gofortn Tor government H. Z. Paine
Tor claimant.
The New York herald., 1874-12-23
THE POLL CLERK FORGERY.

Michael Powers, the poll clerk or the Twenty
second Election district Of the Fifteenth Assembly
district, whose name was signed at the Comptro
ler's ONCE on Monday by William Boyson, appeared
In court yesterday AFTERNOON and made a1idavit
that ne had sent Bryson down to the Ccmptrol.
ler's office 10 draw his money for him. The Judge
took the afidavit and Will consider the case.
The New York herald., 1874-12-23
THE CASE OF CARL yOGT.

The examination OF the case OF Carl vogt, who
Is accused Of the murder and robbery OF the Count
de Bots de Blanca at Brussels, Belgium, was COM
menced yesterday morning before Commissioner
Kenneth G. White. Mr.. Cordert appeared as
counsel for the Belgian government, which has
made demand for the extradition OF the prisoner,
and vogt Is defended by Mr.. W. F. Kntzng ana
Mr.. Gerard several witnesses were examined,
bat the testimony they gave has been already puo-
lished several times. IL had reference to the al
legged possession by Yogt OF certain Belgian bonds
said 10 have belonged 10 the murdered Count, ana
the evidence offered go far went TO snow that Vogt
entered into negotiation VITA broker In this
city Tor the sale of some OF the bonds; that the
broker sent them TO Europe and received back q
portion OF the money represented by the bonds,
tue broker handing the money over 70 Vogt. The
broker had also sent over another lot OF the bonds
10 Europe at the request OF vogt, Tor the purpose
OF selling them Tor his benefit, but these had never
been returned 10 him. Mr.. Couoert stated that at
the next session he expected he would be able to
close MS oral testimony. After that ne would in
troduce the depositions taken in Belgium. The
further hearing OF the case was- adjourned TIL
Thursday next.
The New York herald., 1874-12-23
FIFTY-SEyENTH STREET COURT.
Before JudQe OtterbOurp.

before Juuge OtterDOurg.
Joan b. Slauson President OF the Central Cross
town Railroad. Joseph c. Carey ex-Assempiy-
man, and q number of the said railroad COM
pany. S;oddard Stout. Patrick Connolly and
Michael Touhey, were arragned on charge OF
srrinkiing their tracks with salt on Monday even
ing. Samuel s. Field, one OF Bergh's men, testi-
fed that he caught the accused in the act OF
pushing the salt through holes in tne bottom OF
car belonging TO the company. Mr.. simon Stern
appeared for the accused and claimed that the
any mac na been onv a. was simply
whose power it was 10 impose hne
the Corporation Counsel. He denied the power Of
this Court to adjudlcate upon the matter. The
he could dismiss the charge Immediately; but TO
oblige Mr.. Bergh, who was unable to be present
to-day he would adjourn the case until ten O'Clock
this morning. He himself a.so desired 10 have an
examination IN order to settle question OF the
authority OF the Court. He had liberated the pris-
been locked up In the Eighteenth precInct station
on Monday night. Ills power to do so was ques
toned but he claimed 1t TO be one OF the preroga-
tives ~ his office.
TEE CASE OF OFFICER FLYNN.
The case OF oaioer Terence Flynn, of the Nine
tecnth precinct, charged with the larceny OF s24
from an emp0ye OF the oriental Brewery, was
taken up Tor examination. The only witness
examined besides the principals was d man named
Dougherty, who had been with Flynn IN the bre W.
cry. He testified in favor OF the accused but the
titled to more weight than that OF both Doughetty
and the accused, and he was held for trial at tle
Special Sessions In $500 BAN.
ROBBED OF HIS WATCH AND CLOTHING
James Greer, OF No. 34S West Fifty-third street.
charged Ella Clemens, young woman with whom
he had been In nCimatc, with the larceny OF watch
and gold chain ana MS clothing In all OF the value
Oi SIS. Ella was committed Tor examination