davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
THE PARADE GROUND.

Judge Lawrence Will Give No Advice
to tho Department of Public Parks-A
Puzzling Legal COnundrum.
That parade ground which was going to be laid
out SO fast on the upper end or the island, and
which those owning property in the nelghbOrhood
Of the locality selected for the purpose were anx-
0us should become an Jlln aecompli, but TO which
our citizen soldiers objected being too far from
their armories and involving too much serious
work in the way of marching does not give very
brilliant promise OF peedy completion. The act OF
the Legislature authorizing tue laying out OF the Pa
fade Ground LETT 1t with the Department OF Parks to
act IN concert with the Commissioners or Awards
and Estimate TO be appointed by % Judge Oh the
supreme Court. Judge Brady appointed Messrs. W.
G. Traphagen, John McClave and william Seaver
upon, embracing eighty-twO acres between the
Kingsbridge road and Harlem River, and every
thing was going on swimmngly, when suddenly
the PARK commissioners passed resolution that
they would have nothing more to do with It, After
this action by the Park Commissioners the Com.
,missioners OF Awards and Estimate asked the
Court what they should do IN the premises. Upon
this Judge Lawrence gave his decision yesterday
in the following brief opinion. 1t Will be seen that
OF Public Parks. The legal conundrum proposed
by the commissioners OF Awards and Assessments
still remains, therefore, unaGSwered:-
OPINION OF JUDGE LAWRENCE
Ihave not been able TO discover that there
Ssds ss S er Of h s m
this proceeding The Deparnnent Of Public parAs have
70 Of "a
claiming that they have power TO do under the pro-
visions OF the acts o. 1871 and 1867 at Laws OF 1871
the Commissioners call upon the Court TO advise
them, advance of action on their part whether
the resolution of is valid In other words
the Court is requested TO substitute itself for the proies
sionai advisers of the commissioners and to give
professional opinion TO the Co,nmsoners upon their
rights and duties fail to that any opinion
which may be expressed by me upon this application
will relieve the Commissioners nom their obligations TO
duties imposed upon them by the acts afore
said II should hereafter appear In proceedings prop
erly instituted Tor that purpose that me action Of me
Departmental upwarranted in law. On tue other hand
II such action is legal and proper decision now by me
10 the contrary would not In any way BIND tue Depart
ent OF Parks preclude said department at any time
hereafter IRON contestng the Legality OF the acton o'
the commissioner. such q contest could be made upon
inc hnai motion to confirm the report ana an opinion
rendered on this order show could not control
the Court before which such motion might be made.
Inc department 81 Parks not regularly before me,
the oraer 10 snow cause having been served upon the
Gorporamon Counsel alone Entertaining these views
40 not decm proper to express opinion upon the
ing
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
BUSINESS IN THE OTHER COURTS
UNITED STATES DISTRICT COURT.

Bankruptcy Proceedings - Individual
and CoPartnership Debts - Decision
by Judge Blntcnford.
Yesterday, IN the matter or Walter p. Long and
Albert B. Corey. bankrupts, Judge Blatchford rem
dered his decision. He says
1t is provided by section So Of the Bankruptcy
act that, ''where Two or more persons who are
partners in trade shall be adjudged bankrupt,
either on the petition OF such partners or any one
of them or on the petition OF any creditor or the
partners the joint stock and property OF the copart
nershp also all the separate estate OF each or
the partners shall be takenn on the warrant to be
issued and that the net proceeds OF the JOINT stock
shall be appropriated to pay the creditors OF the
copartnership, and the net proceeds OF the sepa-
rate estate or each partner shall be appropriated
pay his separate credtors and If there shall be any
balance OIL the separate estate OF any partner alter
the payment OF his separate debts such balance
shall be added to the Joint stock for the payment
OF the joint creditors; and If there shall be any
balance OF the joint stock after payment Of the
Joint debts such balance shall be divided and ap-
propriated to and among the separate estates OF
the several partners, according TO their respective
right and interest therein and as it would have
been il the partnership had been dissolved without
any bankruptcy, and the same so appropriated to
the separate estate OF each partner shall be applied
To the payment"
The Judge writes an exceedingly elaborate and
lengthy decision. basing his views upon that pOr-
ton OF the Bankruptcy law stated above. He says
the issues certified must be answered as f0liOws:-
The fund received by the assignee from the re-
ceiver constitutes and is TO be treated and dlstrb
uIca as paIt VI .ms estate " Long; ana
the first instance to the payment OF part
nership debts; and Mcfarane "a creditor
OF the bankrupts, as such copartners), III
respect to the debts originally incurred by Wal
ter p. Long & Co., and afterwards assumed
by Long. is entitled TO be admitted to the list OF
Longs separate creditors and to share in dIvi-
dends out OF Longs separate estate equally with
Elizabeth Ii. Long. Although the two individual
notes OF Long, dated after December I, 1869, are
embraced in the second proof of debt, they form
no part OF the 1881 81 mentioned in the first
proof of debt, and not set forth in the state
ment OF account annexed to the first proof Of debt
and as it does not appear that they were given fol-
debts OF the firm, have not regarded them as In
vOved IN the questions now determined.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12

pai challenge. but, after quite long examination.
said he had objection to capital punishment. and
Jesse Combs who had once formed an opinion
and ards changed It, was accepted as q third
Juror He Is dealer IN 'eeo ~ NOS 20 ana "a Pitt
BENJAMIN Russak. OF No "A West Fifty.second
street dealer in fancy furs, was accepted with
very little examination by either side. as fourth
Juror. ,
James S. McIndo passed both challenges, but was
challenged peremptoriy by the defence. Hugh G.
Kelly had recently talked about the matter, and
was excused. Thomas Hlndley was excused by
consent. Manuel 4. Bomar was excused for sick
Mr William Ettnger had been on the United
States Grand jury, through which he had learned
simmons and Duryea's employment. He had also
been on one two jures Ia capital cases which
mad rendered verdicts OF guilty. Though he passed
TWO challenges the defence rejected him.
Leopold Wise was rejected Tor his objections to
Henry Vanhoiland ex-produce dealer, residing
at No. 217 East twenty third street. had no feeling
one way or the other but was challenged per-
emptorIiy by Mr.. Phelps:
Charles S. Knight baker, Of No. $50 Hudson
street. passed all challenges and was sworn in as
Henry G. Park thought ne had expressed casual
OPINION about the time OF the occurrence in allu-
sion TO their business-that 1t was diamond cut
diamOnd-but at present had no opinion about the
case his wife was In some way. he hardly knew
prejudice against the business in which Duryea
and Sir0mOns were engaged, but no personal bias
IN a case ike this against the prisoner. lie was
challenged perempt0rlly by the defence.
Thomas Weldon, the next man on The stand, had
not read the matter In the papers. but yesterday
some man asked him If he thought the prisoner
would be hanged. He had answered him that he
did not know.
Mr. Phelps, here turning round and looking TO-
wards the counsel for the prisoner, Mr.. Graham,
asked him why he looked tnere--why he did not
look toward Mr.. Peter Duryeas
Mr. Phelps replied that ne should look where he
pleased, though there was nothing specially at
tractlve in that direction.
Mr. Graham retorted that he did not propose
that the jury should be influenced against his client
by any such means and, II the thing was repeated
should call attention to Mr.. Peter Duryea.
Mr. Justice Brady here said that there was no
occasion for any aitercati0n.
Mr. Weldon, of No. 1913 East Forty ninth street,
was chosen as the sixth juror, and Charles w. Plu-
mer druggist. OF No. 1855 Madison street, as the
seventh
Mr. Eustace mad no bias Of any kind, and he
was promptly accepted by both sides and sworn as
the eighth juror.
Marx Samter was peremptorily challenged by
the defence.
The panel being exhausted another panel of 100
was ordered, and then the Court adjourned.
The jurors were sent to the AstOr House in
charge OF Of1cers.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
SUPREME C0uET-cAANBeRs.
Dispute as to Right OF burial.
RnfOre indne Rnrretf

Before Judge Barrett.
curious motion was argued yesterday in this
Court, 1t being application Tor an Injunction to
prevent the disinterment ofa child buried IN the
burial ground of the Jewish synagogue in Nine
teenth street. known as the CONGREGATION Shearith
Israel. IL seems that q brother OF Ben Reno
owned q plot In the burial ground, and after the
death OF tne former his child through Mr.. Isaacs
his GUARDIAN objected TO the interment OF niece
Of the deceased, which the brother OF the latter
had obtained permission from the congregation to
CardOzO appearing for the church and Mr. MOrri-
son in opposition, Judge Barrett took the papers,
reservlng his decision.
Special Notice to the Bar.
Motions will not be postponed by the Court upon
consent except when called in their regular order.
written consent to such postponement may De
filed with the Clerk either before or after twelve
O'Clock M. In the latter the Clerk Will notify
the Court upon the CALL and parties need not at.
tend Tor that purpose.
Decisions.
BY Judge Barrett.
Kittredge VS.. Turner; IN the matter. &C., Farrell
Mercantile National Bank vs.. briggs; Oleomar-
Manufacturing Company; BONN VS.. GOldstein; in
the matter, &c. RelneCke; III the matter, &C,
Savage; IN the matter, &C.. Noble.--Memoran-
dums.
Mckay VS.. Fellows: yoikenning VS.. Quinn; Clus.
stein VS.. Observation-Disclosures granted.
White, &C., vs. Jersey; Dorgan VS.. WOOd.-M0.
lions granted, with $40 costs,
In the matter, &c, vanderp0e: Spies w. Gen.
trHI Savings bduk, la lur mdtLcr, &C., hOoc.-
Orders granted.
Forman VS.. Dayton.--MOtion granted, $40 costs
to abide event.
Helmers vs.. Helmers.-Report confirmed.
Fitch vs. Lma.--EXtra allowance granted.
LagrOve VS.. Vall.-Appcation denied.
Volkenning VS.. acknowledgement granted.
In the matter, &C., or 10th street.-Reierence
ordered.
BY Judge Lawrence.
hustes VS.. Hustes; Mills Vs. Mills; ToscanO vs.
Toscano-Report confirmed and divorce granted.
In the matter, &C., Lexington avenue.-RepOrt
confirmed.
In the matter, &C., Parade Ground; Atlantic Saw
ings Bank VS.. Hetterich; Ramp vs.. Kamp; Getty
AC., VS.. Devlin, &c.-MemOrandums.
buchanan Farm OIL Company VS.. Woodman.-
Motion denied, with $40 costs.
BY Judge Donohue.
Happen vs.. Wheeler.-Motion granted, costs to
abide event
TynQ VS.. Buel, &C.; Brinkley vs. Brinkley; Rogers
vs.. Neuchatel Rock Paving Company; hughes W.
Hughes; Slade receiver, &C., VS. Anthony ScnOm.
berg VS.. Appegate.
Keller vs.. Rookie, &c.-MOtion granted, without
costs.
Fitch VS.. Colver.-M0tion granted.
Chadburn, &c, Manufacturing Company Vs.
Cromwel-MOtOn denied, without costs.
Gawtry &C., vs.. Baker, &C.; seaman VS.. Schuy-
ler.-Motioh denied, with $40 costs.
Thompson vs. Cassidy, &c.-Default, &c, set
aside, with $40 COSTS
Mann vs.. Pamer.-MotOn denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
CITY c9uRT-TRlAL Term.
A Damaged Painting.
Before Judge Nelson.

John W. Schaern Is suing the Andes Insurance
Company for $1,000, the amount Of policy on q
painting known as ''rhe Triumph OF Liberty"
which was destroyed by fire. On previous trial
the plaintiff got verdict for that amount, but the
verdict was set aside at General Term as excess
sve, according to the evidence as TO the value OF
the painting.
The company claim that the painting Is not or
the alleged value, and that the policy for 81 900
was procured through false representation. They
further allege that plaintiff caused IL TO be Injured
IN order to get the insurance Case ON.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
yORkvl.lE POLICE COURT.
Reckless Driving, With Probable Fatal
Consequences.

Reckless Driving, win Probable Fatal
Consequences.
Before Justice Wande.
oGiccr Michael Farley, Of the Eighteenth pre-
cinct, entered q complaint against Henry Lee.
wno 1t was alleged, drove a horse and wagon down
First avenue in a reckless manner and ran over
Catharnc Dugan, OF No. 3oS FRS. avenue. The in
jured woman is now IN Bellevue Hospital, suffer-
ing from fracture OF the thigh. Lee was COM
mitted to await the result OF her INJURIES
Alleged Professional Thieves.
Onicer James Thompson. OF the Nineteenth pre-.
cinct police, complained that he and Ofllcer Wool
sey, OF The same precinct, arrested Thomas Moray
alias Moore aud Joseph Dock on suspicion of being
professional thieves. When arrested the prisoners
were found in the commission OF no crime, being
riding with other persons III . Madison avenue
stage. Detective Mullen. OF the Central Oflce,
mace affidavit that he has known the prisoners
during the last five years as professional thieves
and pickp0ckets who, he has been informed, have
been repeatedly arrested on various criminal
charges The accused demanded an examination
which they were granted, but pending 1t they
were committed In default OF 5000 bail each.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
BROOKLYN COURTS.
UNITED STATES COMMISSIONERS COURT.

THEFT In the Navy Ynrd.
Before Commissioner Winsow.
Two men, named Henry Armstrong ana N. Davis
were arrested on the charge OF having stolen $50
pounds Of quicksilver from the Navy Yard. They
were held to bail IN the sum OF $1,000 each to
await an examination.
The Special Tax.
Michael Clancy was charged with having en-
gagged in business AZ a dealer in manufactured TO-
bacco without paying the special tax required by
law. He lives at No. 84i Grand street, Il. u. He
was held TO bail to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
SUPERIOR COuH1-sPsclAl TERM
Decisions.

BY Judge Sedgwick.
PAYNE vs.. Derby Motion for receiver granted.
Sec decision.
Hayes VS.. Dayton.-Motion granted, without
COSTS unless plaintiff serve reply within nve
days. In which case motion denied, without COSTS
Ross, &c, vs. Compes.-Moti0n granted.
Buckley VS. Steinhart.-Order granted.
by chief Justice Mcneil.
Farringten w. Audrews.-flndlnRs signed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
THE sIMMONs.DuRYEA TRAGEDY
Another Day spent In a Jury Hunt
Eight Jurors Obtained

There was another large attendance at the
Court of oyer and Terminer yesterday to witness
the further proceedings in the trial OF John e.
simmons for the alleged murder OF Nicholas w
Duryea. The vile and daughter Of the prisoner
we're in Court with him. Ali the counsel were
promptly in their places and Judgea3rady with
like promptitude, took his seat on the bench. All
day was consumed in the efforts TO complete tbe
jury, and, excepting occasional diverting episodes
between the counsel. tine proceedings were neces-
sary dry and tedious
Emanuel steiner came near passing the princi-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
cOUar or coREoH pLEas--piaaI TEEN


Before Judge Robinson.
Eser vs.. Eser. Wilks vs. Wuks.--Judgments OF
divorce granted TO plaintlffs
Nordham W.. SteDdel.- Motion to set aside SER
vice OF summons Denied with $40 costs. See
memorandum.
Ackey va. Thompson. Judgment for plaintir on
demurrer. with leave TO defendant TO amend IN
ten days. on payment OF costs. see memorandum.
JadsOn VS.. Sprague.-Judgment Tor defendant on
demurrer. with leave TO amend on term. See
Opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
COURT OF APPEALS CALENDAR.

ALBANY, Feb II, 1874
The following Is the Court OF Appeals day calen-
dar for Thursday, February l2-N0s. i00 io4. %,
l03, Jos. 5, ID. 90.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
COURT CAlENOARS-IHiS DAY,

SUPREME COURr-CIKCUIT--part 2--Held by Judge
Lawrence. 20. "a. i245. l6&2. 1883. los, 7G9
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
SUPREME C9URT-SpeCIAL TERM.


BY Judge Davis.
Hamilton vs.. Misunderstanding awarding judg
ment Tor plaintiff. see memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
VyATT HES, JEWELRY, sc.

A LARGE .ANKRUPT STOCK OF WATCHES AND.
"A Jewelry, JOHN T. TURNER will sell, by order Q:
John G. Ands rson 66i Broadway, an elegant stock
Of solid Cold Watches and all kinds OF Jewelry, this
day. ut IL o,e lock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
PRO POSALS.
CHICAGO BURLINsJ ON AND QUINCY
u RAILR2 AID COMPANY

NHICAGO, BURLINSJ ON AND QUINCY
u RAlLR9 AID COMPANY.
Sealed proposals are avited this company until the
Goth inst for the purchs of 81 any part
Of the $1,000 seven per mortgage bonds OF the
company, due July & interest and principal payable
in Boston, =
The proposals will q opened at IL noon the 10Th inst
and the bonds awar9 TO the highest bidders, who will
Immediately motif ed the company the right
10 decline unsatisiaS tory offers
bonds will boz subject the crued coupou
est from January to be paid for In nsalments-viz.
ten cent upon! OBLIGATION of acceptance bid thirty
per cent March and the balance April l. or the fun
amount may be aid Immediately, Proposals should be
addressed to thef Undersigned.
JOHN N. DENISON.
Chairman OF the Board.
BosToS reb.J 1874
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
EWES AND EARS.

RTIFIsg AL HUMAN EYEs-J. T. DAVIS. IN
n vento and only maker OF the improved Artificial
correct T ,itaou nature In the world. III East Hn
teeplh su eet between Third and Fourth avenues
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12

DECKER 4 CO, SUI 'CESSORS TO KAvANAGH
II. Decker, corner CW roll and Centre streets offer
and second hand BIZ lard Tables of all designs
nrices to suit The times
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-12
BILLlAR1

Al STANDARD AMERIG
AL. The Phelan 4 ColleDd
for sale only by the DatenteS
cessor to Phelan 4 CollendS
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-12-29
Long Prayers.

DR.. Talmage has something to say on
the question of praying: "We are conf.
dent that one reason for the long pray
ers with which we are sometimes affict.
ed in religious meetings is an incapacity
to wind up. After the brother has been
praying about long enough you see that
he is trying to find Amen He does
not want to come too suddenly upon it,
and so he gradually makes that way ;bul
he is like Brooklyn ferry-boat aiming
for the wharf when there is good deal
of ice IN the river. and he backs in and
out, in and out, at last reaching it witt
laundering strokes. Many of the breth-
rem in their prayers take one third Of the
time to, get started and another third te
stop. Why not with your first senteEce
plunge into what you most want, and
stop when you get through without any
circumgyrationsp Men keep on aftel
they ought to stop, because they do moi
know how to let down brakes. We have
recommendation to make: If any iso
lated Amen would sound abrupt at thu
time you want to close, do as the Psalm.
ist did when the prayers of David thu
son of Jesse were ended, exclaiming
amen and Amen 2"
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-12-29
Whose Boy Is That

He may be seen any DAWN almost any
part of the village The never makes room
for you on the sidewalk, looks at you
saucily, and swears smartly if asked any
thing; he is very impudent, ard often
vulgar, to ladies who pass ;he delights in
frightening and often does serious injury
to little boys and girls;he lounges at the
street corners, and is the first at dog
fight or any other sport or scrape; he
crowds into the post office in the even.
ing, and multiplies himself and his an
tics at such rate that people having le-
gitimate business are often crowded out
he thinks himself very sharp, he is Ger
tainly very noisy; he can smoke and
chew tobacco now and then, and rip out
an oath most any time; we ask whose
boy he is. Mother, is he yours9 We
think he is, for there are many good
qualities in the lad, and we do not think
that you know what he does on the
street. Look after him, mother; keep
him most at home. Train him, and you
will have son to be proud Of
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-12-29
! xs.... o.s;;

The object Of brushing the teeth is to
remove the destructive particles of food
which by their decomposition generate
decay. To neutralize the acid resulting
from this chemical change is the object
of dentli6ce. A stiff brush should be
used after every meal, and thread of
silk floss or India rubber passed through
between the teeth to remove particles of
food Rinsirg the mouth in lime water
neutralizes the acid. 3i.l 'st
Living and sleeping in room in which
the sun never enters is a slow form of
suicide. A sunbath is the most refresh.
ing and life giving bath that can possibly
be taken. 'H q
Always keep the feet warm, and thus
avoid colds. To this end, never sit in
damp shoes or wear foot coverings fit.
ting and pressing closely. ~ 5.
The best time to eat fruit is half an
hour before breakfast. 7s
A full bath should not be taken less
than three hours after a meal. Never
drink cold water before bathing Do not
take acold bath when tired. 81
Keep box of powdered starch on
the washstand; and after washing, rub a
pinch over the hands. 1t will prevent
chapping. s'9 aa "
II feeling cold before going to bed,ex-
ercise; do not roast over fire. '''
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-12-29
The School Boy.

The Burlington Hawkeye writes OF
the deceptive little boy: Passing by
one of the city schools yesterday, we
listened to the scholars singing "Oh
how love my teacher dear" There
was one boy, with voice like torna-
do, who was so enthusiastic Ahat he
emphasized every other word. and
roared, .Oh ho'o loue my teacher dear
with a vim that left no possible doubt
of his affection. Ten miEhtes after
that boy had been stood on the floor
for putting shoc-maker's wax on his
teachers chair, got three demerit marks
for drawing picture of her with red
chalk on the back of an alias, been well
shaken for putting a bent pinain anothe.
Buys chair. scolded for whistling out
loud, sentenced to stay after school for
drawing ink moustachcs on his face
and backing the end Of another boys
nose, and soundly whipped for slapoine
:hree hundred and thirty nine spit balls
up against the ceiling, and throwing one
big one into girls ear, You, cam,
believe half boy says when he sings
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-12-29
Fejee Manners.

The men wear turban and a sash;
the ladies wear belt with fringe from
three to ten inches deep, not unlike the
fringed jet belts that have just come into
favor with our own ladies. The highly.
fashionable ladies dye their hair two col.
ors' anG arrange it so as to present di.
ameter Of about five feet.
They eat their prisoners. and even
sometimes their neighbors, and have a
particular relish for fat young women
roasted whole. dish thus prepared be
ing called in Fejee par.ance "long pig
They do not hesitate to kill babies and
strangle widows when they are on the
parish; and it is common to suggest to
old parents that their room is more
agreeable than their company, and il
they do not take themselves. out of the
way the flial hand is frequently applied
to the parental throat.