davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-11-01
THE COURTS FOR NOVEMBER,

As already announced In the HERALD, there will
be no session OF the supreme Court, General Term.
until the 23d of December. Meantime the judges
holding this court last month viii ind their time
pretty fully occupied In deciding the cases argued
last term. There will be Special Term held this
month"; and the calendar shows number OF i'm
portant cases. Judge Lawrence will preside ct
this Court. The Chambers will be held by Judge
Donohue. Judge Brady will hold Part 2, Circuit,
and Judge Van Worst, Part 3, Circuit The Court
OF Oyer and Terminer Will be presided over by
Judge Barrett, the first time he has held this Court
The probability If that Judge Barrett will be gwen
an opportunity to Hash his maiden sword in crmi.
nal trials with the retrial OF Scannell, whose case
Der OF other cases on the calendar, giving promise
OF busy month.
In the Superior Court there are heavy calendars
in all the branches OF the Court. Judges Mcneil,
Sedgwick and Spelr will hold the General Term.
There Will be no Part l. Circuit, owing to Judge
Van Worst being assigned to the Supreme Court
assignment, by the way. which is alleged to
seriously interfere with the despatch OF business IN
this Court Judge Curtis viii hold Part 2, Circuit
and Judge Freedman, Chambers. On Monday the
judges holding General Term for the past month
Will meet to give decisions OF cases argued during
the past term. and immediately afterward the
judges assigned for this month VIII enter their
judicial labors.
IN all the different branches OF the Court OF Com
mon Pleas there are heavy calendars. The judges
assigned for holding General Term are Chief
Justice DAILY and Judges J. r. DAILY and Loew the
Chief Justice meantime being expected to put in
an appearance alter his prolonged European tour.
Judge Robinson Will preside at Part l, Trial Term,
and Judge LarremCre at Chambers
The New York herald., 1874-11-01
DOCK COMMISSIONERS AND HAR.
BOR MASTERS.

Charles H Mallory Il Co. erected a shed on
pier 90 North River, to be used in connection with
their steamer plying between this port and Texas,
permission having been given by the Do OK
commissioners. The HarbOr Master interfered.
elaimiDg that they had no right to con.
tlDue the use of this shed, and from that
time there arose suit which, after
pending long time In the courts, finally reached
the Supreme Court, General Term. 1t came up on
an appeal from o Judgment rendered at Special
Term BY Judge Brady, restraining defendants
from maintaining shed on pier 20, East River,
and from interfering with the free use OF said pier
BY the public, as the same was used before said
shed was placed thereon also from an order deny
ing motion made by defendants to refer back the
cause to the Judge who tried 1t, with directions to
maze SPECIFIC finding "that numerous steam
transportation lines running vessels between
New York and other ports, both domestic and
foreign, have for many years maintained upon
piers occupied by them-some upon the East
River and others on the North River-smiar
Sheds without disturbance from the public au.
tnOrtties." The Court gives decision through Judge
Lawrence. The Steam Company had permission
from the Commissioners OF Docks to erect the
shed In question. The Harbor Master interfered,
and he was sustained by Judge Brady. The Gen.
cral Term now declares that if the Dock Commis.
si0ners permit illegal structures elsewhere that
10 no reason why this particular shed should be
allowed and the order OF Judge Brady at Special
Term tB confirmed.
The New York herald., 1874-11-01
BROOKLYN COURTS.
SURROGATE'S COURT.
Before Hon. William D. veedet

Before Hon. William D. veeder
The wills OF the following named persons were
proved last week:-Maria Cornell, Of the town OF
New Lots; Edward Langstan, Lucinda Sparrow,
Elizabeth Burning, Henry Harrison. Jacob Klock-
ert, Catharine Pritchard Charles B. Hardick Julia
A. Wardcll, Thomas Wheeler Doris StefYans and
William H. Simms all OF Brooklyn. In the will OF
Thomas Wheeler appear the following charitable
bequests:-To Right Rev. John Loughln, Bishop
OF Brooklyn 900, toward the erection or the ca
thedral; to the Roman Catholic Orphan Asylum OF
Brooklyn. $2 900, 10 be divided equally among the
male and female departments; TO the Little Sis
ters OF the Poor on Bushwlck avenue, $500; to the
House Of the Good Shepherd, Atlantic avenue.
East New York, $500; to st. Mary's Female Hospi-
tal Dean street, BrOOklyn, $5OO to the Sisters of
st. Joseph's church. Brooklyn $500; to st. Vincent
OF st. Joseph's Roman Catholic church, 5000 each
to Rev. Edward Cochran, OF st. JOseph's church,
5000; to Rev. Patrick Creighton, OF the Church or
Our Lady Of Victory. 500; to Rev. Father McNa-
mara, OF st. Maacht's church. East New York,
800.
Letters Of administration were granted in the
estates OF the following named deceased persons -
kebecca G.: Wilder. Rome Heuser James D.
zie ]. NOrthrop. John Farrell, Charles w. Platt
Julia A. Benton, Cecilia Bngel, Eliza A. Walker
Bennett Currie and Dennis OKeefe, all OF Brook
lyn.
Letters Of guardianship Of the person ana es.
tate OF Thomas Brooks and William j. Brooks are
granted to Michael Woods In place OF Bridget
Theodore L. Mason, OF Benjamin Smithwick to
William Smithwick, OF John A. Cochran. Maria L.
Cochran, GeOrge G. Cochran, William q. A. Coch-
ran and James W. Cochran TO alexander Cochran
Letters OF administration, with the will annexed,
were granted IN the estates OF the following named
deceased persons:-Edward Langstan, Lucinda
Sparrow, Isaac w. Sillock and Doris Sterans, all
oil BROOKLYN.
The New York herald., 1874-11-01
THE PUBLIC PARADE GROUND.

Some time ago the Commissioners or Public
Parks undertook TO provide a parade ground at
the upper end OF the island, and Commissioners or
Estimate and Assessment were appointed. sub.
Bequcntly, however, the Commissioners or Parks
decided TO abandon the project and the property
owners moved for an order compelling the com.
missioners OF Estimate and Assessment to 20 on
with the work, which was denied and appeal was
taken. The General Term through Jud ge Daniels
conhrms the order OF the Court below, holding
that. as the appointment OF Commissioners OF
Estimate ana Assessment did not deprive the
stantial right TO come in that the power con.
ferred on the Commissioners OF Parks is as broad
- that conferred on the Mayor, and included the
power OF disc0ntinulng In such case when the
property has not been actually taken possession
The New York herald., 1874-11-01
A BANK IN A RECEIVERS HANDS.

The National Bank Of the Common wealth in 1873
became insolvent, and, under the Currency act
was passed into the hands OF q receiver. While
IN the hands of such receiver process was served
on the President OF the bank in o suit brought by
the Security Bank OF the City Of New YORK, to
recover money claimed to be due the latter. No
attention was paid by the President TO the service
OF the process. nor did he give notice to any other
onicer Of the bank or to the receiver, and the
result was that judgment by default was rendered
for $4,000. Motions were made to open the de-
fault and from the judgment denying such motions.
Appeal was taken to the Supreme Court, General
Term. In delivering the opinion OIL the Court
Judge Daniels characterizes the action OF
George Ellis, the President OF the Board, as fol-
lows%"He, to use his own language concerning
his singular and extraordinary conduct following
the service, supposing that his connection with
the Court ceased by the appointment Of re-
ceiver, took no notice OF any paper that was
served upon him as an onicer thereof, and did not
do so In regard TO the summons herein, nor did he
Inform said receiver Of said service. This Is the
sworn statement OF the deiendants' President.
And It so completely describes his utter want OF
moral as well as 0lcial sense OF accountability as
TO dispense with all further attempts at charac-
terizing his conduct" Strenuous opposition
a the ground Ss 0pssa1's sa the order as de- de-
nying the motion at Chambers to open the
the Judge making and hereore ee na annea o.
able. Judge Daniels holds on this point that while
the order was discretionary one, yet 1t was an
order Affecting substantial, right, aud was, there
fore, appealabe. He concludes his opinion fol-
lows:-"The bank continued to exist, notwith.
standing the appointment OF a receiver. The suit
waa therefore, properly Instituted against It, and
the deience should accordingly be made by 1t.
Ihe order appealed from should be reversed, with
$40 costs and disbursements on the appeal TO the
defendant and appellant and an order should be
entered setting aside the Judgment and allowing
tne deiendant, within ten days alter notice OF the
Sroer. 70 serve an answer to the complaint, or
payment within that time OF $40, costs OF opposing
Gne mOtiOn and the disbursements made on the
entry OF the juugment.n
The New York herald., 1874-11-01
THE COHEN BANKRUPTCY.

Yesterday the case OF Hyde, assignee, w. Cohen
and Others. was called on for argument in the
United States District Court before Judge Batch
ford This was bin in equity by the assignee TO
recover large amount OF goods alleged to be In
the possession Of the defendants and claimed by
the plaintiff to be the property OF the bankrupts,
John and Sigmund Warsting. The value OF the
goods is stated to be about $75,0oO Testimony
was taken at great length before Commissioner
Belts, and when the matter was called up yester-
day, the defendant not being quite ready to go on
the hearing was perempLorly fixed tor saturday
represented by the assignee. 1t Is claimed by the
assignee that property to the value OF several
thousands oil dollars has been concealed by the
bankrupts ana that the proceeds OF the same are
alleged to nave been traced with the stock held
creditors and assignee, and Il. Newcombe for the
defendants.
The New York herald., 1874-11-01

four boxes OF sardines in his possession. This
property subsequently proved 70 be the proceeds
OF q burglary committed on the premises 0l Frede-
rick Rupert, No. 123 Bleecker street. The pris-
oner was arraigned before Judge Smith yesterday,
and committed in 1000 bail to answer.
"A New Way to Pay Old Debts"
julius J. Adams, of No. Hall place, went into
the saloon OF Mr.. John w. Merritt, No. so East
Ninth street. about seven O'Clock Friday evening.
AS soon as he went In Mr.. Merritt asked him for
payment OF some Indebtedness due MIR. Adams
became highly indignant and quarresome. where
upon Mr.. Merritt pushed Mr.. Adams through the
door and Ous on the sidewalk On Gaining tie
fred at MIR. Merritt, the bali taking effect In one Of
the basement pillars. Mr.. Adams was about to
Ire ANOTHER shot, when Mr.. George f. Salmon, ol
and Knocked the pistol out OF his hand. Adams
was arrested by Oficer Devine, OF the Fifteenth
precinct and b, ought before Judge Smith yester.
day and held in a. 100 bah, to answer on charge
OF ielonious assault a. "a battery.
The New York herald., 1874-11-01
BACK PAY OF SOLDIERS.

George 8. Thompson collected back pay for two
discharged soldiers, John and William White, and
forwarded 1t by express to their address IN In
diana The discharged soldiers, however, could not
be found Suit was then Drought BY Mr.. Thompson
against the express comp~ny TO recover posses
sion OF the money. and each psuV Claimed " %
accountable to the United Stae~s 'ol ~ auu
therefore entitled to possession for sne pres
ent. Judgment was given for the express Som.
pany and plaintin appealed. The General Term
decides that though Che plaintiff produced o. me
trial q certified copy Of the muster rolls OF Cons
pany II, Eleventh Illinois cavalry, showing that
admitted that he procured the money by produc-
ing at Springfield copies OF the discharges, signed
by NJ. Campbell, az Captain Of the Eighth iowa in
fantry commanding, and IL therefore appears that
the Whites were real beings, and MIR. Thompson Is
not entitled TO recover. The decision below was
ACCORDINGLY confirmed.
The New York herald., 1874-11-01
A PENITENTIARY DEDICATION"
Opening OF tho New Characterization
Dollar Prison at Caldwell, Essex

Opening OF tho New Quarter-Million-
Dollar Prison NJ CALDWELL, Essex
County, N. j.
For several years past the necessity Of having q
new prison has been greatly felt in Essex county
New Jersey. The County Jail in Newark is an old
fashioned unhealthy situated institution and en-
tirey too small to properly accommodate the OBJ
jects OF Jersey justice. Ofentimes the cells nave
been "double-banked"-tha IS, filled with twice the
proper complement Of occupants. In order, there.
fore, to meet the growing demands OF the county,
It was resolved some time ago to build a commo-
dious penitentiary on the most improved plan. A
site of twentys,x acres was purchased In Cald-
well township, some seven or eight miles from
Newark, and here has been erected hrst class
structure. The location Is very healthy
and In every way suitable, q fine quarry
being on II, the working OF which Will
afford employment for convIctg and
means for con tributing to the expense of main-
tainng the institution The building is OF course,
OF solid masonry 1t cost, with the site. $244 goo,
Yesterday 1t was formally 'sdedicatedu IN pres
Of about 200 persons, largely made up OF past
and present county of1cers. The 4dedcatory
services consisted chiefly OF very fine collation.,
no whskey, plenty OF coffee, ana speeches
by Director Edgar Feimar. Judges Tits
worth, Condit, Clifford and Guild Alderman
Ludlow, Director Gustavus ]. Thebaud, of the
Halsted and Phineas Jones. Among those pres
ent from outside counties were General Fltz John
Porter, Of Morris county and DR.. Wlnetts Director
OF the Morris county Board OF FreehOlders. The
place now ready for use and will receive tta trst
coAsig1wAnt ~ caQv QvlGta tAa aax Qr N0
The New York herald., 1874-11-01
Conflict Between The Dock CCmmlS-
SiOnerS and Harbor Masters.
The Bank of the Commonwealth
in Court.
PUBLIC PARADE GROUND CONTROVERSY.
Alleged Fraudulent Bank
ruptcy.

In the suit brought by Amelia Kochincke against
Joseph Ross, the jury yesterday brought in ver
dict ior $9,S25 o6 for the plaintiff.
In the case Of the Milwaukee and st. Paul Rail-
road Company Vs. Aaron $. Bright ana Others in
which Mr.. Bright filed his amended answer and
cross BILL Judge Blatchford has decided in the
United States Circuit Court that the clerk shall
issue the subpGnas returnable on the first Mon
day OF November, 1874, with the same eject as to
the issue az II 1t had been issued upon the filing Of
the said amended answer and cross bill.
On Saturday week Mr.. John Farrell, who was
charged with embezzling money from Belt Co.,
was discharged, owing to failure on the part OF
the complainants to prove their case.
The New York herald., 1874-11-01
FIFTY.sEvENTH STREE POLICE COURT
Tho Alleged Ill-TrsSSmcnt.

Tho Alleged lll-Trea>mont'
Before Judge OtterbourH.
Ellen O'Toole, ihewoman charged with the i'll
treatment OF her husbands niece, Maggie Murphy
aged six, was held for trial alter an examination.
Tnl-Tapper Arrested.
John Reilly, youth OF habits which promise to
carry hin to Sing Sing yet. was held for trial for
attempting to rob a money drawer He denied
the charge but, being caught IN the act, his guilt
was beyond doubt
The BrevOort Hall RencOntre.
John @. Ryan, the Nineteenth precinct police
man who Is charged With throwing politician
.named John Eagan down stairs at political
meeting in Brev0ort Hall few nights ago. was
held Tor examination on the 9th OF November. The
Court was crowded with politicians when the case
was called.
Another Political Row.
Peter Woods appeared in court late in the after
noon and presented an af1ldavit charging some
persons with disorderly conduct, who had endeav-
ored to break up meeting in support or his
claims for another term in the Assembly The
meeting took place on Friday night and at 1t an
attempt was made to take Mr.. Woods lie. He
asked for warrant for attempted assassination,
but 1t was refused, and the warrant Tor dsorderly
conduct was issued.
The New York herald., 1874-11-01
COURT NOTES.

Judge McAdam, Of the Marine Court, has written
Nm essay entitled "Law Days; or. Dies Judicii-
Commonly Called Laws OF Courts-their Applica-
t1on to Courts in General and Particularly 10 the
Marine COURT OF the City Of New York;
Tho law courts, OF necessity, under the existing
order Of things, feel the influence OF election
week. The November Term commences on Mon
day next. But little or nothing will be done.
The courts close Tuesday by statute, lS4o, which
specifics among others days for adjournIng over
she day OF any general or special election. Elec-
sion week has always been considered an ''0H
week" In the courts.
United States Commissioners Osborn and Shields
VIII hold courts at convenient places, not yet de-
eermined on, in the city during election day, for
tne purpose Of hearing and determining cases
shat may arise from alleged election frauds.
Judge Barchford, in addition to his other Ia
bortous duties, edits the United States Circuit
Court reports, well known as ''Blatchlord's Re-
ports"
Judge Snipman viii resume the trial OF jury
causes on Wednesday next, the day alter election,
In the United States Circuit Court.
Judge woodruff WIN continue the hearing Of the
Davenport case tomorrow.
Judge J0achimsen, OF the Marine Court, feels
that brief rest Is absolutely needed by him, and
~ no Is unassigned for November will embrace
the opportunity, and viii, no doubt, make the
most OF II.
The legality Of holding trial terms in July and
August-which was subject of discussion among
the legal fraternity-has by decision OF the Gen.
eral Term Of the Marine Court been sustained.
All judgments rendered at trials held during these
months are pronounced valid. Five OF the Judges
OF the Court, 1t IL said unanimous on the ques
zion.
The New York herald., 1874-11-01
HARINE C0URr-aENERAL TERM.

legality of Trials I'm July and August.
Before Judges Gross, Alker and Spaulding.
Gedhil vs. Siney.-On the argument in this
case the appellants counsel observed that the
case had been tried in July, 1874, that no trial
term had been designated for that month by all
the judges, and on that account the Judgment was
unauthorized. The Court held that trials in July
ana August, 1874, were legal and Judgments rem
dered therein wand, a conclusion to which, 1t was
stated, five OF the judges had arrived at, alter .
iul examination OF the question.
Decisions.
BY Judges Gross. Spaulding and Alker.
Robert vs. Codling.-Anirmed, with costs and
Ripley VS.. White.-Judgment reversed; new
trial ordered; costs to abide the event.
Strange vs. Edelsten.-Order ana judgment
af1rmed, with costs and $50 allowance.
Duperat vs. acknowledgement affirmed, with
costs and $50 allowance.
By Judges Gross and Spaulding.
McKibben VS.. Strong.-A6irmed, with costs.
BY Judges Gross and Joachimsen.
Watt VS.. Knelles.-Afflrmed by default, with
costs and $50 allowance.
BY JUDGES Joacnimsen, Spaulding and Alker.
Shines VS.. Blackweli-Judgment affirmed, with
BY Judges spauiding, Alker and McAdam.
Henley vs.. Asher.-Atiir med, with costs aud $50
Kendall vs.. Dewey.-Judgment reversed new
trial ordered costs to abide.
sedQwick VS.. acknowledgement anlrmed, with
BY Judges Joachimsen, Spaudng and McAdam.
Mcvey vs. the Mayor, &c.-Afirmed, with costs
BY Judges Joachimsen and Spaulding.
Goddard Bro Manufacturing Company vs..
Schwab ct al.-Appeal dismissed and Judgment
harcombe VS.. The Mayor, &c.-Afirmed, with
costs and $50 allowance.
BY Judges Gross, Alker and McAdam.
Reincke vs. The Central Park, North and East
River Railroad Company. Judgment affirmed,
with cos IS and $50 allowance.
The New York herald., 1874-11-01
THE COURT OF ARBITRATION.

Judge Fancher presided In session OF this new
tribunal yesterday IN the rooms OF the Chamber of
Commerce, and took up the case Of George A.
Gardner against the Laflin & Rand Powder Com
pany ON o claim OF salary as Q superintendent or
agent IN charge or the company's business from
August /, 1872, to May l, 1878. Mr.. Gardner con-
Quoted his own case, assisted by II. +. Hatch, and
the interests OF the company were guarded by Mr..
Green, It's treasurer. Mr.. Gardner read a long
statement OF his connection with the company,
ana claimed that the corporation had violated its
agreement with him.
The New York herald., 1874-11-01
BUSINESS IN THE OTHER COURTS
UNITED STATES DISTRICT COURT.
Outlawry of Debt.

Outlnwry Of Debt.
Before Judge Blatchord.
In the matter OF John II. II. Cushman, bank.
rupt Judge Blatchford, of the United States Dis.
trlct Court, has given the following decision :'As
1t appears that the bankrupt omitted from his
schedule certain debts which he asserts were out.
lawed, on the ground that they were outlawed.
and the creditors holding such debts have had no
notice Of the bankruptcy proceedings, the bank
rupt has not con formed to oil the requirements or
the act. Therefore his discharge cannot be
granted, and the case must be referred back to the
Register for such further action as he may take
the application OF either party to him." :
The New York herald., 1874-11-01
SUPREME OoURT-TRIAL TERM.
Compulsoly Anidavits

In the case of Spratrv Huntington, the question
was raised whether a party to a suit can be ex-
amined under section 4ol Of the code, which
allows compulsory anidavit to be got for the use
OF q motion. Judge Daniels, Of the Supreme
Court, General Term the other judges concur
ring, holds that the section referred to does not
repeal the provisions of section 3o9, chapter g.
which says that party TO suit shall only be
examined prior TO trial under the provisions OF
The New York herald., 1874-11-01
SUPREME CoURT-oHAMBERs.
Decisions.

BY Judge Lawrence.
Giles vs. Downey.-Mem0randum for counsel.
Smith VS.. Mesick.-Order granted.
BY Judge Barrett.
Messentzer vs.. Messentzer and Stewart vs..
Richards; Citizens National Bank OF Waterbury
VS.. NEUTRALITY-SUSPICIOUS..
In the matter OF Witmark.-The application must
be denied. Memorandum.
In the matter OF Brnsmade.-I do think that the
provisions OF the revised statutes are repealed by
The section OF the code In question Eject can be
given to both without lmparing either. witt dis
missed without costs.
The New York herald., 1874-11-01
THE MERRIaAN.HAMMILL MURDER.

The Jury Disagree and Are Discharged
The Prisoner Rema nded to Jail.
The trial OF Mrs. Sarah O. Merrigan for the al.
legged murder OF her former friend and schoomate,
Miss Maggie Hammill, was brought to . close
yesterday, and the jury, falling to agree upon
verdict were discharged. They stood eight for
four for acquittal. Counsellor Keady moved that
Mrs. Merrlgan be admitted to ball, stating that
she had been confined In Jail for fourteen
said that he would hear argument on the motion
In Chambers next week.
The New York herald., 1874-11-01
SUPERIOR COURT-sPEcIAL TERM.
Decisions.

By Judge Curtis.
Carey ct al VS.. Maltby.-MOtion again denied,
without prejudice to u renewal on additional
proofs. See opinion.
Reilly VS.. Reymert ct al.-Judgment OF fore
closure and sale ordered.
Warner vs. AndersOn.-Order granted for re-
examination OF the defendants.
The New York herald., 1874-11-01

OF by the city. although the site may have been
seiected and the maps filed.
The New York herald., 1874-11-01
JEFFERSON MARKET POLICE COURT.
Bicscker street Burglary.

Biceckor Street burglary.
Before Judge Smith.
Between nve and six O'Clock yesterday morning
Officer Foley, OF the EIGHTH precinct, arrested a
man. Frederick Smith, alias Spring, In Broadway,
With four boxes Of clgalh q bottle Of wiRe and