davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-12-08
TuTON-BEECHER.
The Bill of Particulars in the
Court of Appeals.
necision of the Courts Below Reviewed-The
Case Rsmitted to the Discretion
Of the City Court
THE PROCTOR MOULT0N LIBEL

The probabilities are in favor OF the soundness
OF the impression that the famous suit OF Theodore
Tilton VS.. Henry Ward Beecher, which Is on the
calendar OF the Brooklyn City Court for trial to-
day, viii not proceed. This opinion Is fortified by
she decision in the Court OF Appeals given below.
PROCTOR VS.. MouLroN.
Ex-Judge Fullerton and associate counsel ap-
peared in the United States Circuit Court, before
Judge Woodruff, yesterday, to argue the order OF
the Court as to the Amendment or the complaint
IN the case OF Edna Dean Proctor vs.. Francis D.
Moulton. by substituting the word "citiZen" TOT
resident" General Tracy appeared for the
plaintin. General Prior moved 10 have the order
80 amended that the defence shall not be re-
quired to have their answer TO the complaint
ready for Wednesday next that being the day set
down for the trial OF the case. The order required
them either TO admit or deny the allegation OF
citizenship and did not give them an opportunity
to demur.
General Tracy said to grant the motion made
by the other side was to put or the trial OF the
acnon. and he did not want any postponement.
Ex-Judge Fullerton was or the opinion that they
were entitled to all the advantages the law gave
them, and they were not responsible for any errors
that haa occurred in the complaint. AS matter
OF law the defendant should have twenty days in
which to answer. The truth was, he had been ad-
vised that the plaintiff was not citizen OF Massa-
chusetts, put had been citizen OF New Hamp
snire for the last twenty years. General Tracy
said that they averred she was a resident"
and not ''citizen,n and the original aver
ment to that effect was amended to read
"citizen,n instead OF resident. As for the
twenty days asked for, the order granted
required that the answer should oe made on the
day OF trial. Ex-Judge Fullerton said they pro-
posed in good faith to dispute the question OF
plaintiffs residence. and he expected TO be able
to show that she resident OF New Hamp-
shire. They would not be ready for trial on
Wednesday. and he asked for leave TO demur to
the complaint or else have twenty days In which
TO answer. The Judge said he would order the
correction in the beginning o. the complaint to
strike out the word "triar and substitute the
word action" therefor. He could not enter tain
the other points raised by thecounsel at that time.
The New York herald., 1874-12-08
MAYOR VANCE AND TIE DEPARTMENTS.

Those vacancie-The Charges Against
the Comm issioners OF Charities and
Correction.
The Mayors once was crowded yesterday with
visitors. Regular routine duties OF the Execu-
tive necessitated the admission OF numerous
callers, but the vacancy OF the places OF Commits
sioner OF Charities and Correction Laimbeer and
Dock Commissioner Gardiner brought an innux Of
gentlemen Interested in particular fsvorites for
these two offices.
Mayor Vance was called upon in the afternoon
by HERALD representative and questioned a. to
his probable appointees. He remarked that he
had under advisement the appointment Of Mr..
William Albertson for the position Of Dock Com
missioner. He did not say specifically that he
would select tins gentleman. 1t Is gen.
orally understood, however, that he win
son is strict republican and perfectly
in political accord with the Mayor on this head.
AS to Mr.. Laimbeer's successor, the Mayor SAID he
had not yet accepted that Rentleman's resRna-
tion ana until such course had been adopted there
would be necessarily no appointment made.
The communication received in answer to
alleged charges as TO lavorltism extended to
Tweed Will not be given to the press before to-
day. Mayor Vance says he is engaged in investi-
eating those charges This investigation, 1t is
said, does not consist in the examination OF wit
nesses, but simply In general inquiry. Corpora
tion Counsel Smith was cioseted with the Mayor
on this point Tor a brief time during the day.
As to the nature OF the answer or the Comnis-
sioners of Charities and Correction to those alega
tons 1t Is surmised that they base any eniency to
Tweed on the ground OF bis state OF health, as
uded to by the Blackwel's Island physician.
The New York herald., 1874-12-08
DAsTARDLY OUTRAGE IN JERSEY,

In Evesham township Burlington county, there
Ia public school Shortly after the dismissal OF
the pupils on Friday, young female teacher was
alone in the building arranging some books, when
two rufians entered and, seizng her, stripped
her OF every article OF clothing, which
they packed up IN bundle and car
ried away. Strange to say they offered
no further indignity. She was prevented from
making an outcry by the threats OF the scoun-
drels who held her In state OF abject terror.
They were regular tramps who were unknown
Young giri attracted the attention of the neigh.
bors who furnshed her with clothing anu enabled
her to proceed to her home. An alarm was I'M
tured and lodged in jail.
The New York herald., 1874-12-08
EXCISE AFFAIRS.
Charity Above An-One Hundred and
Seventy-One Licenses Applied for
Yesterday.

Charity Above An-One Hundred and
Seventy-Onc Licenses Applied for
Yesterday.
The Commissioners forming the Board or Excise
had their regular weekly meeting Yesterday IN the
rooms at the corner OF Mulberry and Houston
streets The most important topic discussed was
how TO preserve for the benefit OF the poor she
money received for licenses between now and the
1st OF January. The reason for the discussion Is
that there Is now a doubt that the money re-
ceived or paid TO the Chamberlain after that date
can be given 70 the charitable institutions,
and as II IL said by some legal authorities
the law approved last June win then have lost It's
effect. The Excise Commissioners required TO
pay over To the chamberlain the money they re-
celve Tor license fees at least once month; but
they have been In the habit OF making payments
more frequently. AS o result OF the discussion
spoken OF before the Commissioners passed resolu-
tions lnstructng Commissioner Marshall, the
treasurer OF the Board, 10 make deposits with the
chamberlain as often as ne thought proper daily
II necessary. BY this means the Commissioners
hope 70 secure to the charitable funds OF the city
much money which, II Kept BY them for a month,
as the la permits them 70 hold 1t, would perhaps
60 into the city's sinking fund.
The business OF the Excise Department was
the department were thronged all day, aud AZ one
time II was necessary TO close the doors. About
the department about $4,000 The conviction OF
Schwab has caused feeling among the majority
Of liquor sellers winch the efforts OF
Association cannot overcome. since that
conviction the Commissioners have issued in the
nelghoorhood OF $50 licenses, Some OF these wero
Riven TO keepers OF reputable places who were
indicted Tor refusing to apply for tnem before. As
soon as these men nad paid for licenses the Com-
nlssiohers requested the District Attorney 10 have
the Indictments against them quasned The Ex-
else Board is unwilling 10 pursue a policy OF op-
preston toward tae liquoF dealers VINO repent OF
the law. -
The New York herald., 1874-12-08
DESTRUCTIVE FIRE AT EAST HBw YORK.
Eight Houses and o55,OOO Worth or
Property DESTROYED.

Eight Houses and o55,OOO Worth or
Property DESTROYED.
About two O'Clock yesterday morning Q nre
broke out In Q three story frame building on At
anttc avenue, between Butler street and Miller
avenue. East New York, Q suburb OF Brooklyn.
which IL remarkable for the NUMBER OF eonnagra-
tons which have occurred there. The ftre was
the work Of incendiaries, or fire bugA" as the
verdant guardians OF the peace, property and pub
nc morals OF tnst outsxrt Of the churchy city de-
hight to designate the vandals who Apply the de-
structfve torch Smoke was seen issuing from
tho second building in block OF eight domiciles
~ the hour named, BY an oficer Of the ponce, who
gave the alarm. The village nre department.
turned out slowly from their quarters, but owing
to the insufllcency OF water were unable to
render much assistance In suppresging the
names which rapidly communicated TO che
adjoining structures. Tue tenants escaped out
OF the burning houses into the cold December
night, saving but little OF their effects. Eight
houses were entirely demolished. The ofncer who
discovered the nre ascended the stairway OF the
building and found that Kerosene oil had been
spilled over the stairs and noors. ana II was with
the utmost difculty the lives OF the inmates were
buildings we're owned by q. q. Guild. Of New York;
two by M. Resseguie, lumber dealer Of the East
ern District. and one by J. A. Wanley. The loss
amounts to $4,000 the insurance on Waniey,s
house amounted to $a,00O in the Hartford and
New York companies. Resseguie was insured IN
rious companies, whose names could not be ascer-
tanned. The lower paet OF the building was occu-
pied as stores by J. Ackerback, G. Robins, A.
their stock, and estimate their combined losses at
$4,000. Mrs. Manley, tenant OF one Of the
burned domlciles, was overcome by the smoke,
the occurrence A reward WIN be offered Tor the
arrest OF the tncendiary.
The New York herald., 1874-12-08
THE MOONEY HOMICIDE.

Coroner Eckhon yesterday concluded the inves-
tigation previously commenced in the case Of
Mary Ann Mooney, late OF No. 614 East Fourteenth
street. whose death, 1t was alleged, had been
caused by violence received at the hands OF Ed
ward mooney, her husband. DR.. Dorlin, who saw
deceased before her death, testified that she tod
him her husband kicked her the day pre-
vious. The jury rendered verdict against Mooney
however, Will be released on 81, 900 bail, provided
ne can secure a competent hondsman.
The prisoner is 1orty seven years OF age, born In
Ireland and by trade q boiler maker. He had
nothing to say In relation to the charge against
him.
The New York herald., 1874-12-08
THE JERSEY CITY MURDER.
Police Justice Reese Sets Aside tho Ac-
ton OF the Coroner.

Police Justfce hees0 Sets Asfuc tho AC-
tion OF the Coroner.
Michael Gilligan, who was exonerated by the
coroner's Jury in Jersey city from all blame in
causing the death of William Livingstone, was
nevertheless retained in custody and brought be-
fore Justice Reese in the First District Police Court
yesterday morning. The Justice informed him
that even in the face OF the verdict OF the
coroner's jury he would hold him in custody
as an accessory before the fact. The
Justice added that ne took this action,
IS he considered the said verdict was not In ac-
cordance with the evidence. Edward Cosgrave
was also brought mp, and he too was committed.
examination, or II they should waive that nave
recourse 70 q writ OF habeas corpus. Their counsel
not being at hand, they were remanded. James
Hunt was brought up and committed without
bail. Coroner Lynch threatens to have this pro-
ceeding taken before the Grand Jury, as con-
tempt of his authority.
The New York herald., 1874-12-08
FUNERAL 0P A POLICE CAPTAIN.

The funeral Of the late Mr.. John Benson, Captain
OF the Fourth precinct police in Jersey City, took
place yesterday, from his late residence on Lex
ington avenue. The remains were taken to the
Dap.ss cnulon sn ~ mauson iS anenue wneIe .ns
The police force to the number Of lao, including
Captains McHarney, Van Riper, Glenney and Dick
son, as well as the Police Commissioners, marched
In procession. Sergeants Smith and Farnham,
besides the captains named, acted as palipearerA
Captain Benson, though comparatively young
man at the time OF his death, was one OF those
laitniuL active officers upon whose record there
The New York herald., 1874-12-08
THE BROOKLYN MURDER.

Thomas Coyne, liquor dealer. proprietor Of the
saloon NO. s Hamilton avenue, South Brooklyn
who was shot, as alleged, by John Dougherty on
Sunday night, died at the hospital yesterday
morning from the effect OF his wound The shoot
ing Is said to have been accidental. Coroner
Jones will hold the inquest on Friday next
Dougherty was arraigned before Justice Demar
yesterday and was committed TO await the action
OF the Ooroners jury.
The New York herald., 1874-12-08
NEW YORK HERALD TUESDAY, ls74QUADRUPIE

the complication or anairs IN consequence or the
conviction OF Schwab one OF their number, 1t was
agreed that it would be best TO take out full
license each on the terms OF the Excise Board 10
avoid further embarrassments and entanglements.
The Schwab case was also under discussion, and
some further EFFORTS are 10 be made to-day 70 pro-
cure his release.
The New York herald., 1874-12-08
Meeting z Of saloon Reepcr..

The German Saloonseepers Central organiza-
tion held another meeting at the Germanis As.
semby Rooms yesterday to discuss the excise
question and me best means they should adopt 90
esade the sequences OF their revolt against the
Excise Board In refusing 70 take out licenses on
the terms dc handed oJ the Board. In view Of
The New York herald., 1874-12-08
MARRIAGES AND DEATHS.
Married.

RoGERs-DARLlNG.-At Colo Spring Harbor, on
Sunday, December 8, 1874 by the Rev DR.. VOgel,
DAVID ROGERs, artist. to MARIA, widow Of the late
Captain N. Darling United states Army, both for
meriy OF New York. No cards.
The New York herald., 1874-12-08


on arrival OF train leaving New York at one O'Clock
p. M.
JOHN X. SIMoNsoN. in the 56th year or his aQe.
Relatives and friends OF the family are respect
fully invited TO attend the funeral, from mis- late
residence corner OF Flatbush and Seventh ave-
nues: Brooklyn, on Wednesday, December Q, at
sUTHgRLAND.--suddenly, on sunday. December
Q, BERTHA youngest daughter OF WateT anu
Emma Sutherland aged Il months ana y days.
spectfully invited to attend the funeral, from her
parents residence, No. 226 East Eightythird
street, on Tuesday afternoon, December g. at one
O'CLOCK
TONNEsES.-suddenly on Saturday evening.
December .. MARr,N foNNEsEN, In the 7sd year Of
his age.
Relatives and friends are respectfully invited to-
attend tne mneral, II his late residence. No. ITO
Columbia street, on Tuesday the 5tn INST, ut one
VAN HoUrRN.-At Paterson. N. J., on SUNDAY,
December 8, ELIZABETH, wife OF John Van Houten,
and daughter ol the late Captain A. B. Walker.
The friends OF the family are invited to attend
the funeral from her late residence, on Tuesday,
December 8, at one O'Clock r. NJ.
WALDEN.-On Sunday, December 8, 1874 THOMAS
WALDEN, in the cd year OF his age.
Relatives and friends are invited to attend the
| funeral at 81. Peters church, State street, near
| Bona, Brooklyn, on Tuesday afternoon, sth inst,
| at half past two O'Clock.
WHEELER.-Suddenly on Saturday, December s,
| 1874, EMMA, beloved wife OF Henry w. Wheeler
and daughter OF Mary and the iato William
| The relatives and friends OF tho family are re-.
spectfuly invited TO attend the fune,a from tho
residence OF her mother, No. 606 Lexington ave.
nue., on tuesday, December ., NJ one O'CLOCK, with
/ out further notice.
| WINDEMUTn.-On Sunday, December O. wftHxt.
NINA WuRhNEsr. wife OF Rev. u. windenuth
attend the funeral services. on wednesday, pe.
| cember Q, at twelve O'CLOCK, IN the oernan Rc'
J formed church. washington avenue. Molrose.
National Republican., 1874-05-18
LOCAL MISCELLANY.

Brad Adams was one of tho lucky stationery
dealers In receiving number OF articles 10 lur-
nlsh the Interior Department this coming year.
The terms of Messrs. George T: Guliek, A. X.
Browne and Samuel Gross in the Council ex-
pired yesterday.
A pair Of gfays attached to q no-top buggy
ran away on Pennsylvania avenue Saturday, a9d
came In collision with the grocery wagon Of l. U.
Coombs and broke the back axle.
The Memorial church, DIR. Butler, corner of
Fourteenth and n, is nearly completed, and
be dedicated the first Sunday in Juae.
John Nolan fell In fit on Saturday evening, at
the corner Of Seventh and D streets. DR.. Mary
Walker rendered the necessary medical aid, after
which the man was sent to his home
De NJ olay Commandery, No. I, Il. T., give q
moonlight excursion (the first OF the season. on
Wednesday evening, the 27th instant. The
steamer Lady of the Lake has been chartered
for the occasion, and hre band Of music Will
keep the company In harmonious strains.
The committee appointed by company A, Wash
ington Light Infantry, to take 10 PhHadelphia
and present to company H, Of that city. an Gle
TEEN, have returned home, and were very much
pleased with the trip.
Messrs Duncanson Bros, auctioneers, sold on
Downman, trustees, lot No. IS, in David Cratty's
subdivision of part of square No. 500 improved BY
an unfinished dwelling, situated on Fourth street
between @ and R streets northwest, to II. b
Davis for $3.50; also, adjoining unfinished dwelling
to same party, for s4oO.
A colored sueak-thief named George Mat
thews was arrested on Saturday by Sergeant
Arnold on the charge Of stealing hat from Dit
trich's hat store, on Seventh street northwest
The accused, although young in years, is an oil
| offender, and his name has frequently appearet
in the records Of tho Police Court. He VIII hav!
| hearing to-day.
Messrs. lockwood, Hufty Taylor have leaset
the premises s53 Pennsylvania avenue, with I
| front ofI feet, running back e5 feet to ID street
| upon which they will have q magnificent building
| erected and arranged exclusively Tor themselves
The plans are now being prepared BY the arehi
tect, Mr. W. M. Polndexter, and the building viii
be put under way about the 1st Of July. and b
| ready for occupancy about the LIST of November
1t will be pressed brick front, with Ohio trim
mings, handsome eornices, and the stories II AM
Is feet in the clear.
National Republican., 1874-05-18
PUBLIC SCHOOL ExAMINA TONS

THE PUPILS EXAMINED IN GRAMMAR.
On Saturday the special examination for gold
medals for excellence in Eaylish grammRr-one
Franklin building, corner Of Thirteenth and X
streets There were six pupils selected from each
OF the eight Grammar schools. known only 70 the
examiner, Mr. 5. John Thompson. and the com-
mittee, by numbers, present. The examination
commenced at O'Clock, when the questions were
given to the pupils, who were required to write
the answers and seal them in envelopes, marking
on them the numbers, and by O'Clock the ex-
animation had concluded. Tho result will be
made known at the next meeting OF the board.
The following were the questions: Principles
What is the sixth rude for pronunciation? When
is silent retained before vowel in the derivatve
word2 Exanple-What may the comparative
degree imply? What terms do not affect the
form Of the verb or pr0noun? In what sense Is the
clause which has the coniunctlYe adverb used2
What parts of speech arc never modified?
SyntaL to be corrected, IL false: That very point
what we now discussing was lately decided at
Ohio Every reasonable amends have been msdo.
The object may be 4 verbal noun, or consist of AL
entire phrase or clause He was given the best
medical aid what could be obtained. What y0u
saw was but picture OF him, and not him To
become a scholar requires great application. He
does not now manifest the same gentleness and
amiability which was so apparent at hrSt. Two
or three Of us has lost our hats. If they did not
believe Moses, they will not believe. though one
rose from the dead. The carriage, as well rs the
horses, was much injured.
Sentence for analysis and parsng:
40, foul deseenfg that ], who erst contended
With the gods to sit f5e highest, an now con
strained into beast.
But tphat will not ambition and revenge
Descend to? Who aspires must dova as low
As high he soar'd, obnoxious, first or last,
To basest things"
National Republican., 1874-05-18
THE BAR rs. THE PEOPLE.

To the Editor Of Ths National Republican:
Sir: Nothing Of paramount Importance in legis-
SefSre for years past the b Iy
cerning deeds OF trust" ...--.. =
1t utterly nbrogstes the old system, and opens
the door TO endless litigation.
The present system-advertisernent and sale, IN
case Of deiaat1is short plain, simple, and easily
Sometimesit is the occasion Of hardship, and
this should -remedIed, and could Be done BY
simply enaeSng ths TN s. section Of the proposed
right OF redemption OF the property sold under the
trust within one year.
This right to redeem within . certain time is
just, exists In most of the States, and has pro-
tected thousands Of men struggling to secure q
spot they could call "home." The want of 1t has,
q the past, and is to-day, working injury and
wrong 70 the deserving poor.
The homes of men are being sold under these
trusts at losses to them oil from e1o0 20 $40, 100
every day, and the evil demands a remedy; bat
the remedy f. not in this BILL 1t is Objectionable
for several reasons:
i. II is expensive, requiring bill Of complaint
in the courts, thus requiring the debtor to pay
retainer fee'' to the attorney and heavy docket
''bll Of costs, and IL thus far disadvantage to
the debtor and ultimately loss to the creditor,
who must In the end foot the bill, and eliminates
with the monstrous proposition Of the appointment
Of trustee Of the courts, who shall advertise and
sell and receive ten per cent. on the first q 900,
magnificent scheme to fatten the bar Of Washing
ton. Only last week trustee sold o piece of
property DeionglnS 70 an estate lor s4zOVO. AT
this rate this estate would have been mnlctcd in
the suug little sum Of not less than s2 Too att6f-
neys fees trustees fees, costs In court and adyef
t:sing. A EEzz1zsssss rzr-rySs-~ y.
2. II iavolves interminabls delays. An adroit
lawyer would, by the skillful management Of bis
case for the defence keep his client in the courts
year or aIs Y b SSd D. ta9 term
g. 1t Is Objectionable III that 1t would drive
capital ffoIn our doors, for who would venture to
loan popsy, with protraeted and EXPENSIVE litiga.
tion before him And long term Of redemption
provided fort We venture to assert that three
fourths of the money now loaned here by Eastern
capitalists would be Withdrawn as rapidly as
possibly, and home capital seek other channels
of Investment, ~ . -
As It Is, anter the simple inexpensive and easy
process Of the present, capital Is invited to the
Let the people resist the bar in demanding the
passage Of such an act, aed ask simply for that
Just and equitable thing-the right to redeem
their property when sold within reasonable
time, on the payment Of 10 per cent. interest and
the costs, as now established by the deed Of trust
system.
Such a bill would be IN the interest Of the
people; the proposed bill is exclusively in the in
terest Of the bar and the officers Of the court.
II is the bar VS.. the people. Il. NJ. II.