davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
BUSINESS IN THE OTHER COURTS.
COURT OF COMMON pleAs-spsClAl TERM.

Jay Gould's Lawyers' Bill for Settling
the S1O,OOO,OOO Suit Brought by the
Eric Railway Company.
Before Judge Robinson.
The legal tribuati0ns OF Jay Gould would seem
to be intending. When he finally settled the
&c. 900 suit brought against him by the Erie
Railway Company, 1T was to be supposed he would
enjoy little of the reQuieScdt in pace. But this
not to be. His lawyers Messrs. Martin Smith,
who effected this settlement, brought in bill
charging $4,000 for their services Mr.. Gould
thought this rather steep and considered the
$4,000 he had paid them as ample COM
amount. Mr.. Gould asked Tor q bill OF particulars
which was refused, and then Martin & Smith ap-
Piled to Judge Robinson to have the matter re-
erred to referee to examine into the facts OF the
case. Juoge Robinson gave his decision yesterday,
denying the application on the ground that 1t Is a
case that should 60 before jury. The following
IL the
OPINION OF JUDGE ROBINSON.
In this case, which is an action for work, labor
ana services performed by plaintiffs as attorneys
and counsel, the bill OF particulars consists OF
three items Of charge and the case Is clearly not
reerrible unless the last item, being gross sum
OF $750O can for the purposes OF this application
be deemed resolvable as matter ofaccOunt into the
tculars upon which the subject Of the gross charge
is based and which would necessarily be-
fSe ta ne matter Sas Been enquiry ,Sia
case that this item Is not an aggregate
charge for separate acts and services. which in
themselves matters OF distinct estimate or
valuation. motion has been made In this case
for an amendment OF the bill OF particulars, re-
curing statement OF the specific value OF each
service, the plaintiffs having on request declined
to do so; and this being denied the General Term,
on appeal affirmed such decision, necessarily re-
gardlng the service as continuous and single and
constituting an entire item OF charge founded
upon gross estimate OF the value OF all that has
been done This charge could not therefore, have
arisen upon transactions IN respect to which there
were separate contracts, express or implied as to
such matters OF service. many OF which are not
within the ordinary scope OF an attorneys employ
ment. regard the subject more appropriate
for investigation by jury. Motion denied, with
SO costs, TO abide the event.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
SUPREME COURT ,scyr1-pART 2
Alleged Frsudulsns RePresentatisns-An
Old Case.

SWh1me tuuhi -IthCWi-FMI <.
Alleged Frsudulens Representatiens-An
Old Case.
Before Judge Pratt.
The suit OF Jesse Hoyt ct al va q. f. Baker ct al,
which is brought to recover the value OF cargo oil
corn, came up for q second trial yesterday morn
Ing. On tue former trial the jury rendered q YER
dict in favor Of plaintiffs for $500, and the
was shown to be thus 1868 one Of the defend
ants applied to the plaintiffs to purchase load OF
corn then on board OF the canal boat Toronto,
lying at wharf IN the city Of New York. A sam
pie OF the corn was exhibited by one OF the plain
tif1s and the price fixed at 81 Ia per bushel II the
boat was unl0aded that day. and II not the demur-
rage TO be added; ana one OF the defendants pur-
chased the cargo. Plaintiff delivered the sample
box and asked where the boat should be sent. De.
fendant SAID to the stores OF the cOdetendants at
Atlantic basin, and plaintiff directed his delivery
clerk to send the boat to said stores, and directed
the agent TO deliver her cargo at the warehouse
urdav, but did not discharge the whole of her
cargo till Monday. The warehousemen, at the re.
quest OF plantlfIs sent them return OF the weight
oil the cargo, but before that was received the
wareh0usemen had also given to the defendants,
Akin Co, the negotiable warehouse receipt.
and Akin 90. endorsed the warehouse receipts
over to Cammann Il Morrison. cO-delendants anu
received an advance OF $500 thereon. The ad-
vance OF Cammann II Morrison was made upon the
faith OF the warehouse receipt, without notice OF
any transactions between the plaintiffs and Akin
Co.
The plaintiffs claimed that there were fraudulent
representations In the transaction ana demanded
possession OF the property. which was refused
Hence the suit. Case on.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
BROOKLYN COURTS.
COURT c. OYER AND TEaKIkER.

Kate Stoddard Again-Her Counsel Ask
Leave to Retire-She Insists Upon It.
A Remarkable Letter.
Before Judge Gilbert.
On Monday Messrs Lowe Il Thompson the
counsel assigned to defend Lizzie King alias Kate
Stoddard, the alleged murderess Of Charles Good
rich, asked leave to retire from the case. They
stated, as q reason, that they were greatly en-
barrassed by the action Of the prisoner who wrote
to them one day dismissing them, and few days
thereafter recalled the letter. and requested them
to continue as her counsel Furthermore, she had
written letters to her father and friends in Massa-
chusetts, W lich increased the embarrassment OF
counsel in preparing the case Judge Gilbert de-
clined to allow them to withdraw. and postponed
the case until April
Kate evidently did not relish the decision OF the
Court, for yesterday morning, when Judge Gilbert
took his seat on the bench. he received the loOw-
ing letter from the fair prisoners
KATE REBUKEs HER LAWYERS AND NsIsTs UPON
THEIR RETIRING.
my CONSENT nave been treated unusy BY the hrm Of
than Rs5 SsR
Honor allow them So since it IS my wish as we'll
as theirs some time agoI asked them why they did not
and Nj replied that
ment.
1t is ridiculous falsehood that have been
imbursed by the lawyer from Boston, the
of arhiDg Quite the contrary he has demanded that
the tee which he has already received shall
doubled.
The letter that wrote home copied secretly by
Mr. Gray, OF Boston and sent to Governor Lowe Thus
think WAS unkind Of them, alter obtaining the letter
in that manner t. read 1t in open court,
Trusting that your Honor will o6llge to retain
the said iawyers and trusting also that not
hear oil counsellor again day my trial next
month remain respectfully, LIZZIE L. KING.
RAYMOND STREET JAIL, BROOKLYN.
81 H. would Ike TO have this letter read cloud in
will send copy Of this letter TO the daily papers
L. L. K.
Judge Gilbert has made no other decision in the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
SUPREME C0URT-cRAmBeRS.
Decisions.
Rv JunOp Domaine

BY Judge DOn0hue.
Belcher ct al. VS.. Bolton, Kitchen VS.. aalstead
Brown VS.. Eyre, Schl0ss VS.. Lchtensteln, Grocers'
Bank vs.. Mckinley Judd Vs. Hendre. Schwartz vs..
Cozzens, Corhes vs.. The Houston and Great West
ern Railroad Company, BOrland vs. swords, Hast
ings va. Lockwood, Frank vs.. Conway, Clement VS..
Middlefeld Manufacturing Company, Chadbourne
Anthony, Baer VS.. Deepest, Middleton VS.. SOwer,
Merriam Vs. Conrad.-Urders granted.
Fitzgerald VS.. Blake Curly vs. Ely, Cuthbert vs..
Starbuck, HaskIns vs. Weyer, In matter, &C.,
Bevans Bonaud Vs. Fellows, Methodist Book Con-
Germ VS.. Fitch, Cutting vs. Benchell, Coles vs..
Christie. Oppenhemer VS.. walker, In the matter,
&C., Albrldge, City Fire Insurance Company VS..
McCune, Brown vs.. ACCOMMODATIONS granted.
Anhalt Vs. Morrison, Hatch. Vs. Hatch, In the
matter, &c, NEUTRALITY-SUSPICIOUS.
Stein vs.. Central Park, North and East River
Railroad C0mpany.-Order denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04

esss Of saughtering he ct once ordered an ofncer
70 arrest one Of my employees, who was then en-
stuck or stabbed With sharp knife as soon as
hung up. saying that the method was cruel and he
what method ne would advise besS anxious 70
ADOPT the best method and the most humane; he
said that the animals should be Knocked on the
mead nrst, and thus made insensble before
they were stabbed lTepIied that that was an old
method, which had abandoned on account OF It's
brutality, which WAS and u the truth. for by that
method amin ais are frequently struck such blow
as only bruises and larcerates the animal without
renaering IL unconscious; that said method n asO
In the CARCASS which cannot be drained therelrom,
but If consumed with the nesh as lood. rendering
are also frequently bruised. and their nesn Is rem
dered less saleable and valuable. endeavored TO
the complaint over that suggested by Mr. Bergh.
but he refused to listen to me; and when l SAID
that the method used by me was used by every one
engaged in the business both here and In Chicago,
and had been Tor years. he said that ne did not
care for that-that "by the gods it should cease |"
Murders and robberies had been going on for years,
TOO, but he meant to stop the business OF killing in
this way, and thereupOn arrested me and held me
under arrest for short time.
MIR. Gerry with Mr.. Bergh's peculiar Roman face
peering beside him) made long and exhaustive
argument for the motion to dissolve. He read the
answer OF Mr.. Bergh and his assistants, in which
they aver that the method complained Of fortunes
the animals by breaking their legs and exposing
them 10 scading while they are yet measuraby
sensible.
Mr.. Hall made the following points,
Fsra-rhe question and issue raised by the plcadngs
Hssd az %
able businessP'
Conceding argument graaa that this question
IS par Thy
anuavit OF plaintiff and experienced dealers question
which should be left to jury be by
the Judge and question, the whole sdavits pre-.
sented leaving In favor Of the method
pursued by plaintiffs.
Issd-Ihst on the ex cathedra interpre ation of Mr.
bergh upon cruelty business should not De nterfered
vided by law.
Fou-h-lhst the interference of Mr.. Bergh is an un-
lawful one although he is public officer, at least
cotore and this injunction should be maintained until
trial by Judge OF jury. because, If hereafter jury
should say the method OF plaintiffs cruel and Mr.
Bergh has interiered and injured plaintiffs business,
there would be little utility in bringing suits for dam
age.
FVh-The afndavits show that the piaintifs' method
Is usual and employed in Boston, Chicago.
st. LOUIS Communpaw, &c.
S,Ih-rhe sanitary considerations set up by plaintiffs
affidavit met Assuming that the killing is IN q
degree cruel land all killing cruel perhaps the maxim
sas popuf spyemo lea should govern and the method
OF plaintiffs is most heahful that should be paramount
The Court took all the papers and reserved de-
cision, the argument lasting all day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
PoRcINE PURGATORIES
Bergh's Ire Aroused Against Hog Slaugh-
terers-Motion for Permanent
Injunction Against Him.
BUSINESS IN THE OTHER COURTS.
summaries-Jay Gould's Lawyers Bill-Deci-
sions-Convictions and Sentences
in the General Sessions

Alexander Lochart. Cornelius Mccarthy, Ed
ward Donerty. Denis Sbels. william McGrath,
John Simon, Thomas Reilly and Morris Fleming,
fremen on board the steamer City OF Mexico, from
Havana, were held yesterday In $3.50 bail each by
Commissioner Shields to await the action OF the
Grand Jury on q charge OF refusing to do duty on
board the vessel.
In the United States District Court yesterday the
death OF Judge Nathan K Hall was the occasion of
the adjournment OF the Court ana the delivery OF
a number OF eloquent euloglstic addresses on the
part of eminent counsel and OF Judge Blatchford.
who presided, on the public services and judicial
ability and integrity in the discharge OF his duties
oil the deceased.
Another day, being the fifth thus far consumed
in this effort, occupied yesterday in the Court
of Oyer and Termlner-Judge Brady on the
bench-in the attempt to get Jury in the trial OF
James G. King lor the alleged murder of Anthony
+. O'Neill Out OF the fifth panel OF 100 one addi-
tional juror was obtained making eleven jurors in
al. The name OF the eleventh juror Is James W.
Bryant. turner, No. $40 West Eleventh street Con-
scientious scruples on the subject OF capital pun
ment and distrust OF pleas OF insanity continue
to be the chief obstacles in the way Of getting
jurors to in the case. new panel of 100
was ordered for to-day and 1t is confidently ex-
pected that out OF this number the remaining
juror can be obtained. Meantime the jurors al.
ready selected are kept together under the survei
lance OF officers of the Court.
In the case OF Detective Leahy, who shot william
Mcnamara, and for whose release on bail appli-
cation was made on Monday to Judge Brady the
latter decided yesterday to take no action in the
matter until alter the Grand Jury had brought in
au Indictment.
Judge Speir OF the Superior Court before whom
was recently tried the suit brought by Shepherd
Knapp, receiver OF the Bowling Green savings
Bank, against Walter Roche, its Vice President,
and against whom verdict for nearly sos, 900 was
rendered, denied yesterday the motion that the
case be heard on exceptions In the first instance
at General Term. He further gives the plalntin's
counsel an extra allowance OF two per cent, grants
to defendant thirty days to make case and orders
Ril proceedings stayed for ten days. to enable de.
fendant to move for new trial at Special Term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
HFIY-NvExIH STREET POLICE COURT.
Alleged Theft OF . Gold Ring.
Before Justice Murray.

Before Justice Murray
Duncan Heating, very intelligent boy OF pleas
Ing appearance, was charged with the larceny OF
an amethyst gold ring the property OF Miss Nora
O'C0nnell, Of No. 1856 East Thrty-third street. Her
brother took the ring about a month ago and wore
IL ON his nnger for day, but he lost II. few
Gays ago he saw 1t on the prisoners finger. The
accused Is q friend and neighbor and did not en-
deavor to conceal the ring, but claimed that he
purchased IL OF man VINO works In livery
stable in the same street. He did not know this
mans name, nor could ne be found by the police
Clined to believe In his innocence until Detective
Levins, OF the Nineteenth precinct. stepping Tor
ward, said that the prisoner had been arrested
once at the Rink for attempting to pick pockets.
He was discharged at that time only by being
begged of by MS parents. He was committed for
trial.
Bad Boys OF the Period.
Alexander Mitchell was arraigned ON q charge OF
attempting to rob the cash box OF Henry Behr-
mans store, No. 916 Third avenue, on the 9th Of
last month. The accused Is mere boy in age, but
evidently man in experience. He was very in
dignant at his arrest, being respectfully related;
but knowledge OF his innocence did not make
him feel safe without the aid OF counsel. 1t IS
alleged that he went behind the counter and was
conederates engaged the complainant IN CONVEX
satiOn. Counsel claimed that he could disprOve
the charge.
George Harrison, another precociOus youth, was
committed for trial on complaint OF Hosea F. Wood.
No. $50 East F0rty-ninth street, he having been
caught in the act OF rObbng that gentleman's room
by Detective Levins, Nineteenth precinct
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
y
Acquitted OF a Charge OF stabbing.
ESSEX MARKET POLICE COURT.


Onlcer Ellis, OF the Tenth precinct made de-
scent yesterday on the establishment No. Al Chrys.
tie street, occupied by Charles Morgan. He has
long suspected that the place was being run as q
pocy shop, but was not sure OF capturing his prey
until yesterday. He found an immense number OF
tickets, 'lucky number9' and books lying around,
lust received from parts unknown. The prisoner
was held in $500 bail for trial.
The Cha bcrlin-Wilkes Case Again.
Another examination was to have taken place at
this Court yesterday in the libel suit OF John +.
CDamberlln against George Wilkes. Mr.. wilkes
and his counsel, Mr.. Courtenay, we're present, ana
were fully ready to proceed, but Chamber1n did
not appear, and Judge Fullerton his counsel who
was engaged on other business. sent hls reDreseR-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
PRESIDENT BAEz'S IMPRISONMENT.

The incarceration OF the illustrious exPresdento Of
St. Domingo remains intact no new developments
having occurred since he was informed Of the pro-
cess against him. His prison is gilded one. He
is surrounded by every luxury imaginable, and
suffers for nothing save mis- liberty. Major Quincy.
the Sherii's order OF Arrest Clerk, keeps Mr..
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
The Pinder Divorce Case Once More
sThe Shuttlecock Camel

ssThe Shuttlecock Game.o
Before Judge Pratt.
Emma L. Pinder instituted action for an alb
solute divorce from tlliam Pinder, Jr., on the
ground OF adultery The parties are well known
in Brooklyn. The defendant is engaged in the
"gentemen's furnishing business" with his father
on Fulton street.
Some time since Pinder was directed by the
Supreme Court to pay counsel fee, and falling to
do so he was committed to jail, but subsequently
released on bonds within limits. Yesterday an
application was made TO have the order OF COM
mitment vacated. His counsel claimed that he
Improperly committed. The defendant said
he had no money and that he was employed as a
clerk in New York, but could not go over there
because he was under limited bonds
Counsel for Mrs. Finder stated that when the
defendant appealed TO Judge Gilbert, who granted
the order, his counsel said he working Tor his
father for So week, and the Judge inquired why,
II he earned only that amount, he did not leave his
father. Counsel for plaintiff alleged that Pinder
The "shuttlecock game" nasmuch as when the
sons creditors came the fathers sign was put up
Judge Pratt said that Judge Gilbert must hear
the motion, and set the case down Tor saturday,
sunday Lager.
decision was rendered by Judge Pratt yester-
day, sustaining the Board OF Police and Excise in
their efforts TO enforce the Liquor law by summon
ing and trying lager beer dealers for selling on
Sunday The dealers claimed the right OF trial by
Jury ana lnslsteu Lnat Lne board OF Excise cOulu
not legally revoke their licenses. Judge Pratts
decision was as follows:-' do not think the
eighth section OF the act OF May 81, 1873 Excise
laws) Is repealed by the charter passed June %,
1873. Ale and beer must be regarded as contained
in the general description OF intoxicating liquors
IN the Excise law OF 1873, chapter $40. II Follows
that the Commissioners OF Excise have jursdic
10 revoke license by complying with the terms
OF the statute. IL their proceedings are irregu ar
a writ OF prohibition is not the proper remedy.
Motion denied with $40 costsr
Bnez.
Judge Pratt will hear the arguments to-day In
the matter OF the motion to have vacated the
order OF arrest against ex-President Baez, OF st.
Domingo, In the suit brought against MIN by d.
vd Hatch.
SUPREME -CRcUlT-pART l.
Da mages for Libel and Islander.
Before Judge Gilbert.
Peter A. Johnson claimed 5000 damages against
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
SUPERIOR cOuRI-spEClM TERN
Decisions.

LOaners' Bank vs.. Reeve.-MOtiOn granted.
Lord eft al Birdsall ct al.-Deiendant has leave
TO serve answer and defend on payment of plain
tifs' costs to date and costs OF opposing this mo-
ton. Judgment and subsequent proceedings to
stand as security.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
tstive: By consent Of counsel. the hearing was ad-

tative By consent OF counsel. the hearing was ad-
Journed until Monday week.
Three Aldermen I'm Court.
Aldermen Lysaghr. Ottendorfer and Billings
paid nying visit to the Essex Market Police
Court yesterday. They were making a formal In
spection OF the Sixty-ninth regiment armory close
pv, anu thought that visit to the Police Court
out whether there was room enough for the Civil
court now being held in Houston street, to be re-
moved 70 the rooms overhead the Essex Market
Police Court. The only room which would oe at
al suitable for the purpose is now being lifted up
ss an examination room for heavy criminal cases,
and Ii much required for that purpose.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
COURT Of GENERAL SESSIONS.
A Burglary Case-A Conviction and an
AcQufttal.

Before Judge Sutherland.
The trial OF Thomas Brennan and John Mulhair
charged with burglariously entering the residence
OF John Martin, No. 5a4 Third avenue, on the 23d
OF February, was resumed. Mr.. Rollins called po-
icemen to show that Mulhairs reputa-
ton was very bad. Mr.. Knitting ad-
dressed the jury and requested the Court
to charge that upon all the testimony
the prisoners could not be legally convicted OF a
higher crime than an attempt at burglary in the
third degree. Judge sutherland said that the
cused were entitled to the benefit OF the legal
point raised by counsel, and charged as requested.
Brennan having established his good character, the
Jury rendered a verdict in his favor ana convicted
Mulhair OF an attempt at burglary In the third
degree. His Honor sent him 70 the Penitentlary
for two years.
Acquitted OF a Charge OF Stabbing.
Carrie Reed was tried upon a charge OF stabbing
Lonousse Andri in the arm with small pocket.
knife on Sunday evening In February, in wooster
street. She showed by the testimony OF two wit
nesses that she used the weapon In self defence,
and the jury believing their story, rendered ver-
dict OF not guilty.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
The Funeral.

BUFFALO, N. Y, March g. 1874
The funeral OF the late Judge n. K. Hall, of the
United States District Court will take place at
halfpast two O'Clock P. NJ. on Wednesday. Tho
courts have all adjourned in respect to the men,
DRY OIL the deceased and at O meeting OF the men,
berS.Ol the Bar appropriate aCliOn was taken.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
COURT OF cunMoH pLEAs-spECIAL Term.
Decision.

BY Judge Robinson.
Aaron VS.. Acknowledgements Of divorce for
plaintiff
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
SUPREME COURT-ClRrUlI-pARTL

Da images for Libel and SANDER.
Before Judge Gilbert.
Peter A. Johnson claimed 5000 damages against
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
VIZ. ~, e z,.. s :sss;
sss: 3 q q I'll 81 II d ]

WALTER DE r. DAY, NJ d.,
SANITARY Superintendent.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04
SUPREME CoUR SPECIAL TERM.

Judge Gilbert has made no other decision in
matter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-04

the Latest Mexican Outrage-Sudden
Assault and q Gallant Fight for FREQ
dom and Life-Captured, Murdered and
the Body Mangled-The Arrangement Of
tho Law.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-06
B usiness ReViVing.

At last the spell is broken. Ships at our
levees that have lain covered with awnings
and old sails all summer to protect them
from the sun have commenced uncovering
and assume q look toward . speedy de-
parture.
Among the first to charter were the chips
Prussia, Virginia and Crescent City, owned
in Bath, Maine, by the Houghton brothers,
and regularly employed in the cotton trade.
The ships George Skofeld, Riverside and
bennington, which have summered here,
have also made acommencementin in loading
The worthy captains of this feet have all
returned from across the lake and up the
jackson road, where they have been spend
ing the Summer with their families, looking
as hale and hearty as common councilmen,
and delighted with the prospect of soon
getting sniff of the salt sea air. The ma
iority of these toilers of the sea were born
and bred along the rough shores, the rocky
hills and pine forests Of New England. and
they regret exceedingly being Obliged to
listen to the disloyal sentiments uttered
during their stay against the government
they have been taught to revere from child.
hood uD,