davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
UNITED STATES SUPREME COURT.

WASHINGTON Jan. g. 1874
In the United States Supreme Court to-day in the
OF the ship Sapphire Napoleon Ill., Emperor of the
French, from the California Circuit Court recently
argued question Of construction of the decree
formerly made in the the Court held that where
case of collision the decree finds both vessels in
fault and divides the damages between them, If one
vessel has shown damage 1t is nevertheless liable
for half the damages and costs of the other although
that vessel also fault Under this decision the
Sapphire the belled Ship which, claimant could show
received damage below held for half the damages
of the Euryae. the French ship and any damages
tuay suffered by her regarded not having been
contemplated by the Court and foreign the
The collision occurred in the harbor OF San Francisco
In December 1870 while the Euryae moored and the
colliding with the former during gale Mr.. Justice
in Tie case Of the Union Pacific Railroad Company
pfsntn engaged his SON to work for the company as
helper at q moulding machine or as a common work
man but subsequently, without his consent an agent
just machinery. In obeying the order the boy lost
arm, which was torn off by belt On these facts the
Court hold that the Plaipti1 could , recover for
employment at which he was put when hurt was not
within his contract Of service; also that II such
pany is not the insurer OF the lives and limbs of its
such hazard when is not reasonable necessary do
Mr. Justice Davis delivered the opinion Mr.. Justice
Brady dssented holding that both the superintendent
and the lad were fellow servants in common employ
ment and that Is we'll settled there could be
coyery In such case against the employer
Circut for California on AN action of eecsment she
by Bisel for the possession OF certain lands in Butte
county OF that state n which both parties claimed
Judgment below, finding the title to be in Bsse Mr.
Justice Field delivered the opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
MARINE C0UaT-PART z.
Action on Contract.

BEFORE Judge McAuam
The January term Of this Court opered yesterday
by Judge McAdam of the newly elected Judges of
this Court The greater part of the day occupied in
the trial Of the of Seraphn Sanches Patrick D.
Casey. The plaintiff, in 1865 received from Ha-
vana 60 bales OF tobacco. and while 1t was In
the governments warehouse he alleges that he sold
1t to the defendant and by the terms of sale the
defendant to pay the duties The defendant failed
to pay the duties and the United States authorities
accordingly brought action against the plaintiff
recovered Them and the plaintiff brings this action
of the defendant the $500. gold which he was
forced to the and $500 the expenses
of the suit The defendant denies that he bought
the tobacco, and 1t consigned to him COL
lateral security for the payment Of two Defen
dants counsel claimed Also that there could be
covery BY the plaintiff on account OF the Statute Of
Limitations as more than six years have elapsed since
the jury that the Statue of Limitations had
application to this case, the action
brought by the government against the plaintiff
cover the duties not decided until 1872 The Court
also charged that II the jury found there sale
upon the condition stated by the plaintiff he
titled to recover the of $685. the value of the gold
certificate which he paid to the United states District
Attorney together with SGT u interest from the time
was paid but that he was not entitled to recover the
tice of it. On the other hand II the jury believed the
statements of the defendant they would OF course give
him verdict The jury rendered verdict for the
plaintiff for 1912 ~.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
HERALD TUESDAY JANUARY g. 1s74-TRTPLE SHEET

lecssd g!@ cvusEamcunt ycr Ms money; ON behalf
of the platntnu " c0ntondod that Grace church
merely held the property In trust for the piainrhs for
The cass was tried before Judge Van Brunt who yes
terday rendered opinion favor Of Grace church
He bold that Grace church had parted with its title
to the property.
The Church OF the Redemption and
Grace Church War.
Before Judge Davis.
Theiong continued controversy between the Church of
the Redemption. in Fourteenth street. recently burned
and Grace church mas probably end through
decision yesterday in this Court After hearing
the evidence In the case the Judge decides that the title
IN the property vested in the latter church. 1t will
be that subsequent TO the fire Grace church
collected $62 W out OF the $4,000 insurance the
property.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
COURT CAlEMDARS-IHlS 0AY.

SUPREME CouRr--CIRcuIT-Part l-Held by Judge Dona-
hoe-Nos e53 1856 23O 455 TIL 1888 603 9S i0O3 1905
0 l07 1927 1881, 27sl, 1887 lO3. lOal 1915 Part 2.
Held by Judge Van Brunt-Nos 1853 1928 26o 800 1885
1904 Z25 s86 462 s2 47 952 Ss4 lOC0 iCO 1904 1905
zoos 1910.
SUPREME CoURT-CHAMBERs-Held Oy Judge Law
rence-Nos 4 H. 20 81 %, 81 2S 22, 2S4 285, 2e6 2S7
surEnIoR CoyRr-TnIAL TEnx-Part Held by JUDGE,
q! 4os 1882 1857, ISL, 1850 Part S@Gdjcurned until
Monday
CogRT or ooMnos PrnAs,TRAs Tsnn.Part Held
BY Jud &c LoewNos 6l2 6l3 e66 2260 2077, 2S46 1884,
2348. 2tO5. 1918, 920, 223l, 2l73 2726 l4i
MARINE CouRT--TRIAL TKRN-Part Held by Judge
AlkerNo 1886 1882 25l2 306 3ll6 Z52 1925, 300 2098
36 1884, 1885, 2676, 3466 32O6. 1878 Part 2-Held by
Jsdse ,ass sda Ss22 SIS 90. ss s ss se
3447 40A, $3.50 1922, $685., 1918, 37s7. 1896 $685.
COURT OF GENERAL SxssloNs-Held by Judge suther.
land.-The People vs. Philip vogel and Herman Schoe
lin burglary Same VS. Adolf Seeger asceSy and receiv
and receiving stolen goods; Same VS.. Richard Finley
goods; same Henry Hanlon and Edward Brady, lar
ceny and receiving stolen goods; Same VS.. August j.
Tincot, grand larceny; same vs. Frederick s. Beck
grand larceny; Same William DOGGY, grand larceny
Same vs. Charles Stewart grand larceny; Same vs. Ju
Illus Oliver. grand larceny; Same Henry Johnson
grand larceny Same Peter Smith, larceny from the
person. Same James Fervison, larceny from the
SOM Same Mary Gillespie, larceny from the
Same VS.. Thomas Butler, false pretences Same vs.
William DOGGY petit larceny; Same vs. John Clinton, as
sault and battery.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06

fault Of $1,000 bail yesterday, charged with breaking
into the premises No "a Chrysns street, owned by Gus
tave Ress and used q restaurant There were some
tempting chops and cigar boxes opposed to view and
they by the officers have been tho strac
tive points for the two prospective politicians
More Charges Against the Pretender.
william Johnson alias "Mr. Koose." was committed in
default of 5000 bail few days three charges Of
obtaining money and goods by false pretences His
dus operandf fully described the HERALD Of Sunday
last Yesterday morning Mrs L. Blein Mr.. Andrew
Parks OF No 26f Division street aud George Ray OF No
205 Eighth avenue appeared in court and asked to see
the prisoner They fully identified him the man who
had swndled them in precisely similar manner within
the past few weeks
After the Incompetent Engineers.
Charles f. steuben and Andrew T. Stillman, who ad-
init that they propretors of the Eagle Grain Eeva
tor arraigned charge of violating 1.-THE laws
relating to steamboat boilers" The evidence against
them was that they employed man named Dennis Sui
Ivan engineer TO the boiler OF the elevator, and
thereby endangered the lives Of all employees and also
persons whose business brought them In the vicinity OF
the grain elevator The propre,ors pleaded ignorance
and said that the engineer prOessed them that he
had proper credentials.
The case dismissed the promise that the hrm
would dismiss the would be engineer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
supsexE cuuR1-G. NERAL TERM

Effort to Disbar Tweed, IngersOll and
Gcnet-Important Court Rule.
At meeting of this Court yesterday Judges Dayi,
Brady and Barrett the Bench, motion made by
District Attorney Phelps to strike the names William
n Tweed, James H. Ingersol and Henry w. Genet from
enc roll OF attorneys Orders to show cause why the
names of the referred should be stricken
from rolls Of the Court directed to be prepared
for today Mr.. Phelps In the course Of his remarks,
suggested that similar motion might possibly be made
press It,
New Court Rule.
The following rule adopted yesterday by this
Court
Press copies OF papers will not hereafter be received by
the Court will such press copies be deemed good
and sufficient service between the parties their at
torneys If returned within "a hours This rule to take
effect upon the 18th day of December 1874
Dated January s. 1874.
signed by all the Judges
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06

AcKLEY.-On Sunday, January a, Mrs. ANNE

ACKLEY.-On Sunday, January A. Mrs. ANNE
ACKLEY, aged As years.
Relatives and friends Of the family are invited
to attend the funeral services at her late resi-
dence, No. 100 West Twenty-seventh street. on
Tuesday, the 9Th inst, at one O'Clock P. M.
ARMsTRONG.-On Sunday, January 4, CATHERINE,
wife OF John Armstrong IN the 28th year OF her age.
The relatives and friends OF the family are re-
spectfully invited to attend the unerai, nom her
late residence, No. 2l3 West Eighteenth street. on
Tuesday, the 9th inst. at one O'Clock.
ARN0LD.-On Monday, January s, after Q severe
illness, PETER ARNOLD. aged SO years.
The relatives and friends OF the family are re-
specially invited to attend the funeral, on Wednes-
residence, 2,265 Second avenue, between 116th and
117th streets, Harlem.
BAREER.-0n Monday, January s, 1874, HARRIET.
wife OF Daniel Barker.
the funeral, from her late residence. No. 447 Frank
lin avenue Brooklyn, on Wednesday January 7, at
one O'Clock p M.
BARMORE-On Sunday, January T. 1874, CHARITY,
wife OF Alfred BarmOre In the cath year OF her age.
The relatives and friends OF the family are invited
to attend the funeral, from the residence OF her
son-in-law, Robert Maclay. 80 West Fourteenth
street. on Wednesday, January !, at hali-past ten
O'Clock A. M.
Rockland and Orange county papers please copy.
BRUsH.-On Sunday, January 4, WILLIAM EDGAR,
son Of the late Philander Brush, aged 40 years.
Funeral services at Bedford street Methodist
Episcopal church, corner OF Bedford and Morton
Streets on Wednesday. 7th INST, at ten A. M.
Albany a. ~ and Indianapolis Gnd) papers
please copy.
CONNoR.-On Sunday, January 4 1874, ELIZA
BETH, wife OF Nicholas Conner, aged IS years.
The friends are invited to attend the burial, on
Tuesday, January o, 1874, from her late residence
81 Charlton street, at two O'Clock p. NJ to Calvary
CRAlG.-on Sunday. January 4. ls7A at nsr resi-.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
COURT or GENERAL SESSIONS.
Discharge OF the Grand Jury Minor
Pleas and Sentences.

Discharge OF the Grand Jury Minor
Pleas and Sentences.
Before Judge Sutherland.
The January term of this Court opened yesterday,
City Judge Sutherland presiding Assistant District At
torney Rollins representing the people. As there
Grand Jury in the Oyer and Termner the grand
jurors summoned serve In the General Sessions
discharged till the 10Th inst.
Larcenies and Burglarios.
william Arnold and John Woods pleaded guilty to an
indictment charging them with stealing six watches
valued 1884 the 9Th of last month the property Of
the State Prison for three years.
John Decker tried and convicted Of conspirng
with other who escaped, to break into the
store of William Lynch No. 5l4 Greenwich street. the
LIST of December The burglars were In the act Of tearing
the tin of the roof when they alarmed and Decker
arrested In adjoining house. He sent TO the
State Prison for two years and six months
Henry Thomson alias Henry Allison pleaded guilty to
an attempt grand larceny the allegation being
the 18th December he stole II spoons valued at $50
the property OF James L. Little This prisoner was sent
to the state Prison for lS months
James McGrath and Matthew Dwyer, who on the 10th
Of December snatched pockebook contaninE 81 from
pleaded guilty to petty larceny from the person. These
each sent to the Penitentiary for
years and six months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
COURT Of OYER AND TeRMINER.


Charge OF Judge Brady to the Grand
Jury-Imprtsoned stokes Juror-Case
OF Genet.
On the retirement OF Judge Daniels to occupy the
Bench Of the Supreme Court General Term, Judge
Brady occupied the bench The following gentlemen
were empannelled Grand Jury abraham Lent
foreman, George Jackson Joseph Sands Charles Hop
kins Nahum StetsoD Jr., William Tucker, Daniel W.
Seward, jeremiah Milbank, Isaac Hoffman, William L.
Cole. Frederic Fawcett Evcrt A. Duyckinck, John 8.
Rice, John n Cornell John b. Moreau, James M Dun
Foulke, Edgar Wright, Henry NJ Taber Charles Gradet
Bernhard Eisig.
which said the administrator OF criminal Justice was
IN satisfactory condition, and there were few matters
Attorney cali asnon no. hs expsnsa to
them IS required by their organization and their
under the statute against asury iotteSes the eectos
laws the excise laws the taking of illegal fees and the
the duties implied in their oath and the solemn functions
Of their ONCE and warned them to see that the evidence
and not mere hearsay or vagne proSsby as the mere
Of an might in the hands OF his
The jury then retired.
Tho Eighth Stokes Juror.
Delos D. Center the eighth juror in the late Stokes
trial. who sent to jail for thirty days charge of
improper behavior juryman thirty additional
days for not paying the fine imposed upon him,
teraay brought before this Court and remanded
on the indictment for the same offence. -
The Escape OF Harry Genet.
Ex-Sherih Brennan was required yesterday to show
why he should not be punished contempt
taking Harry Genet ex-senator the City Prison. sue
ceeding his conviction Mr. Brennan was promptly
counsel Mr. John E. Burril on account Of sickness no
action was taken in the matter and the over
until Thursday for which time hearing was peremp.
tOrily set down.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
SUPERIOR COuRT-spEClAL TEAM.
Decisions.

BY Judge Mcneil
Wheeler vs. Smith-Motion for reference granted
Norwood vs. Resolute Fire Insurance Company.-Order
granted.
Polye Standardization granted.
We'll vs. Polye, Brown Vs. Recommendations granted.
Richardson vs.. Barnes:-Order denying motion.
By Judge Freedman,
Rlsey Smith.-MOtOn granted upon payment Of
mad.
Noe VS.. Christie. Motion granted and execution set
aside with $40 costs. (See opinion.)
. Dusenburv Va. Hoyt-Reterencc ordered C5ee opin-
ion.)
The World Mutual Life Insurance Company vs. The
Bund Hand in Hand.and Others-Motion for judgement
on the righteousness of the Denied with SO
Same vs. same-Moton granted. (See opinion.)
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
UNITED STATES COMMISSIONERS COURT.


Before Commissioner Shields
man named Peter Habel was charged yesterday be
fore the Commissioner with having, Sunday night
opened letter boxes Third avenue and plundered
them Of their contents He waived an examination
and, In default Of 5000 ball. committed to await
the action of the Grand jury 1t appears that the prs
oner had arrived Sunday from Chicago that he put
up ~ FrencHs Hotel, where he engaged q
room mat ne had been an assistant in the Chicago
rost once where mis- father was letter carrier and
during the past year opened in Chicago 50 letters and
purolned their contents 30 Buffalo and about rs in ST.
Louis Az the time Of his arrest in this city label had in
ms seveIa Unopened letters and
key the defendant unlocked and red three letter boxes
ana was IN the act OF pIunderlng fourth when police
Rounced upon and arrested him. When brought into
dan with in his eyes, earnestly begged that moth
ing should be said about his father Connection with
"-''A
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
BROOKLYN COURTS.
COURT Of OYER AND 1ERMIMea.
The Grand Jury.

Before Judge Pratt
The Oyer and Terminer for January was organized
yesterday morning. Judge Pratt the bench. Grand
Jury empanneled with Andrew Hegeman as fore.
Judge Pratt delivered the usual statutory charge
to them and they retired to business.
Kate StOddard.
Counsel for Kate Stoddard alias Eliza King the alleged
murderess of Charles W. Goodrich, applied to Judge
Pratt after the Grand Jury retired for the
appointment of commission to examine witnesses in
Massachusetts,
lection If the interrogatories the those
which had been served upon him.
Counsel replied hat they the same
Judge Pratt thereupon directed counsel to mako out
the order and he would sign 1t.
The nterrogatores pointed to q defence of insanity.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
Before Judge Bixby.


At eleven O'Clock on Sunday night Michael Carroll,
residing East Ninetleth street. the VIII.
iamsburg ferry and proceeding up Roosevelt street.
toward Chatham street, to take the Third
On the of Front street he was met by man
named James Burgess, who deliberately knocked him
down and robbed him Of pockebook containing 81 21
Carroll cried out for help and an officer OF the Fourth
precinct coming in time the assaant was arrested.
He brought before Judge Bxby yesterday and held
in 81, 900 bail to answer.
An Alleged Larceny.
James McKearney who keeps liquor store on the
corner Of Pearl and Hague streets arraigned at the
Tombs yesterday, charged with stealing SIS from
James Brennan. Brennan alleges that the 10th of
November he went into the place kept by Nc
asaIny and laid pocketbook containing the
took possession of the money and refused
to return H. saying that the complainant drunk ana
unable to take care Of his properly Brennan the
next day went to the country and did not back till
last saturday. He called on McKearney and demanded
his money, which the above ae tIeman refused
to deliver. On complaint Of Brennan Mckearney
arrested BY omcer McGnrrie OF the Fourth precinct
and brought before Judge Bixby He held in $500
bail to answer
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
THE COURTS.
Sending Indecent Articles Through
the Mail.
PLUNDERING LETTER BOXES.
Business in the Other
Courts.

Yesterday Judge Benedict sat in rhe United States
Circuit Court and proceeded with the despatch of
tho criminal business The District Attorney said, that
tomorrow he would the trial of Benoni How
ard who ndicteduor counterfeng match stamps The
Of Charles Calendar who indicted for having In
his capacity of Bank Examiner, accepted bride tor
making a favorable report OF the AFFAIRS of the Ocean
National Bank, when the prosecution alege, that
bank was unsound condition, has the
request the District Attorney. Counsel for the
PENDANT repeatedly stated that they ready
try this matter. nolle proseaui has been entered in
the Of Joseph Purdv who had been indicted
Improperly shipping fireworks This cause was tried
some months ago. and resulted In disagreement of
jury.
Judge Woodruff will sit tomorrow the United States
Circuit Court No. Chambers street. at eleven O'Clock,
and proceed the hearing appeals bankruptcy &C.
salt has been commenced In the United States Dis
trict Court by the government against Edwin Rowe
Co. TO recover $O00O in gold for alleged violations of
the laws relating to customs suit has also been
brought by the against Lawson Brothers for
the recovery OF $500 in gold alleged infringement of
the customs laws
Yesterday in the United statcs District Court counsel
on behalf of Joab Lawrence obtained writ of habeas
corpus from Judge Blatchford requiring cause to be
shown why Lawrence. who Is alleged TO be fugitive
from the state of Michigan should not be discharged
from the custody OF the officials Of this State The writ
Is returnable tomorrow at eleven o'clock.
JUDGES Lawrence and Donohue. the newly elected
Judges took their seats the Supreme Court bench
yesterday-the former presiding in Supreme Court.
Chambers. and the latter in Supreme Court Circuit In
Chambers considerable confusion in consequence
of the removal OF the late Clerk, Mr. R. G Beamish,
who for ls years had held this office. But this will
probably be obvlated In few days; and, meantime,
despite the complaints OF counsel to the ncOnven-
fences that had arisen owing the change in the clerk
ship. Judge Lawrence hurried matters through with the
despatch Of . veteran magistrate Judge Donohue dis
charged considerable amount of judicial duty. and
showed his admirable fitness the high position to
which he has been raised.
The Of King. charged with the murder of ONeil
was yesterday set down peremptorily to be tried
ThurSday in the Court of Oyer and Terminer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
SUPREME -clacUIT-pAaT 2.

The Kip and Harlem Railroad Suit.
Before Judge Barrett
The particulars of the suit of Kip against the Harlem
Railroad Company have already been published in the
HERALD and is unnecessary the details
decision in the yesterday rendered by Judge
Barrett overruling the demurrers the supplemental
complaint by Mr. Kip, claiming that the railroad had
sold all the franchises the New York Central Railroad
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
MARRIAGES AND DEATHS
Married.

FRANKENBURGH-MAAs.-M SARAH FRANKEN-
BURGH, daughter OF the late Abraham Franken-
burgh. to Mr.. AARON MAS both OF this CITY,
LOwE-SANGsTER.-At BufralO, at the residence
OF the BRIDES parents, on Thursday, December rs,
1873, bv the Rev. William Waith, Mr.. E. w. Lowe
OF this city, to Miss FRANKIE f., youngest daugh-
ter OF Hugh Sangster, ESQ.,, Of Buffalo. No cards
Buffalo papers please copy.
YAwaER-BAssFoRD-On sunday, September T.
1873, by the Rev. Charles f. Harris, JACKSON M
YAwGER, formerly OF Union Springs, N. Y, to MARY
G. BAssFORD, daughter OF the late Edward d. Bass
ford.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
SUPREME COUnT-SPECIAL TERM.
The Controversy Between Grace Church
and the Church or the Redemption.

Before Judge Van Brunt
The prolonged litigation between the Church of the
Redemption which destroyed by the fire that broke
out In the Fourteenth circus and Grace church.
has doubtless reached Its termination The particulars
OF this litigation have already been fully published in
the HERALD 1t VIII be remembered that the Church Of
the to the nre sued chuIch
Whioh held So10W insurance on the building and col.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
SUPREME C0URT-CHAEBER
Decisions.

BY Judge Brady.
In the Matter &c. Nc ConpelL-Appcat ton granted.
Snodgrass VS.. Snodgrass-Diyorce granted.
Rutter VS.. Jones' Archer Smlth-Motions granted.
Mutual Life Insurance Company Gedney: in the
Matter &c. Kingsbridge Road; In the Matter. &C..
In the Matter &C, Coffee ct al-writ dismissed.
Schiller, &C., Brummer.-Granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
COURT or COMMON PLEAs-spE cnL TERM.
Decisions.

By Judge LOew.
Davis va Greene County Iron Company Same VS.. Gal
pin. Same VS.. Duryea-Motons granted for term. See
memoranda.
fled
sayre vs. Turnbull Motion granted. See memoranda
The People, &c, Clark, Green, &c.-An oral argu-
ment should be had in this matter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06

ESSEX MARKET POLICE COURT.

Birds OF q Feather, SC.
Before Justice Flammer.
Peter Pidgeon and william 0arvin were held in de-