davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
JEFFERSON nAFxET POLICE COURT.
A Wife-ShoOtinS Germ an


The fret case Of any moment disposed OF yester-
day was one in which stephen August was charged
with having committed ielonious assault upon
his WIFE, At haf-past six O'Clock yesterday morn
ing ne went to his wile's apartments at No. $40
Eighth avenue and when asked why he came at
sd unreasonable an hour, remarked that 1t was cold
outside; that he was just passing and stepped in
to see how she was. The wife kiDdled fire ana
began making coffee, and while engaged at this
stephen drew pistol and fired at her. The poor
woman was very much frightened, but not hurt
and ran down stairs and into the yard. but Ste
phen was equai TO the emergency. Throwing up
window he JnmDed to the yard, distance Of
twenty feet. aud then fired second time at his
vile. This shOt took effect, striking the Uui0rtu-
nate woman in the lett breast and innicting PAIN
ful wound.
luna,ic asylum upon two OCCASIONS, and, when
released about year ago. went to Germany on
visit to his iather From the Fatherand he re-
turned to this country, arriving some Ave or six
weeks ago. and taking lodgings in sixth avenue.
He has frequently called upon lis WI e since ms
friends began TO hope he had fully recovered his
health and mind.
lie was committed to await the result of his
wie's injuries.
A Truly Bad Boy.
His name Is John Kelsh and he is but seventeen
years OF age James Devine Is a good boy and
drives a vegetable wagon, in which he vends SOFT
shell clans and onions. Yesterday afternoon
James dismounted from his vehicle and went into
cigar store TO purchage "stlnkadora." kelsh
saw him, and, thinking it fine opportunity to get
away with horse and wagon, perched himself
upon the box and drove of. James saw him. He
also saw that it was necessary that he should move
with considerable degree of celebrity II ne wished
to again preside over that horse and wagon and
sell any more sOft-shell clans and onions. He ran,
and while running removed from his pocket knife
OF formidable dimensions He was probably intent
on INJECTING summary punishment upon the de-
stroyer OF his happlness-the Aforesaid John Kelsh
John saw the frenzy in his pursuer's eye ana
concluded neighbOrng butchers shop was far
more healthy place for him than among the soft
shell claims and onions. Tnither he betook him.
SELF and, Selling large knife from the block, as
sumed both an offensive and defensive attitude.
He endeayOred to remove slice or two from
young Devne, and failing in this, turned his at
tentiOn, likewise his knife. to Marshal Joseph, who
CHANGED to be III the shop making a purchase of
some liver. He cut at the Marshal. and succeeded
removing the END OF one finger on the lett hand.
But the Marshal wears a cane, and the amateur
butcher was quickly made aware OF the fact as 1t
descended more less violently upon his Uranium.
Officers dragged HIM Off, and the magistrate com.
mitted him, putting hun IN cell among the real
bad bows on the top tier.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
UNITED STATES SUPREME COURT.

WASHINGTON Jan. 81, 1874.
No. 219. Reed VS.. City OF Observation-Disclosures
OF division from the Circuit Court for the Western
district OF wisconsin The plaintiff in this case
recovered four judgments against the defendant
corporation on bonds issued by it, and, upon OBJ
tanning mandamus to compel the levy Of tax SUI
fcient to pay them, the corporation of1lcers, as
alleged in this bill, resigned so as to leave no one
whose duty it was to perform the act required by
the writ The bill was brought to reach the taxa
BILE property OF the city in the satisfaction Of the
debt. On the trial the questions arose Whe cher,
unpaid, as well as the Judgment, and there being
no property on which to levy an execution, the
plaintif is confined to remedy at law, by man
damus or otherwise, to enforce the Judgment;
whether it was competent for the Court as Court
OF Equity on the failure OF the officers OF the
poraton to levy the taxes required by law, through
their neglect, refusal absence or resignation, to
appoint the marshal OF the Court to levy and col
lect the tax to pay the Judgment, and whether 1t
was competent for the Court to subject the whole
taxable property OF the city IN any way to an as
sessment to pay the Indebtedness alleged. On
these questions there was a division in opinion,
ana they come here for answer. $. V. Pinney for
plaintiff Ii. l.. Palmer for defendant.
No. 2I3 steamship Pennsylvania vs. Throop ct
al.-Appeal from the Circuit Court for the Eastern
district Of New York.-The libel in this was
fled by the British bark ThrOop, alleging that in
June, 1869, while on a voyage from ArdrOssan,
Scotland, to the port OF New York, laden with a
cargo vi ply ron sue was ruu lnlo ny tue steau,eI
and sunk OIL the Georgia Shoals, about 200 miles
from Sandy Hook, and became IL tOtal loss. There
was q dense log at the time, and each party
charged the other with fault, each denying the
others allegat. Ions. The Court found the steamer
to be at Iault IN her movements OF the helm, as 1t
was at first ported, then put to starboard, and
then again ported, while at the same time her
speed was adjudged to be at too great a rate. it
was conceded that the bark was at fault IN not
blowing log norm as required by the rules OF
Navigation; but under the circumstances of the
whole the cause OF the collision was adjudged
to be the unsKilled maneuvring or the steamer
The Circuit Court affirmed the decree, hesitating
somewhat 10 assent to the ruling that the steamer
should be charged with the disaster entire when
there had been violation OF a plain rule of navi-
cation by the bark. The questions are presented
here for review, the point being also made that
there is Jurisdiction, the steamer not being
within the Eastern district when the process was
served William Allen Butler for appellants, r ID.
Benedict for appellees.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
ESSEX MARKET POLICE COURT.
Good for Twenty Years ut Least


Before Justice Flammer.
william Creswell alias "By Connor," des-
perate character who is well known to the police,
was fully committed in default of $4,000 bail yes.
terday. charged with attempting kill Oficer Dali
ton, and also with burglary in the first degree. Mrs.
Grenshe, residing at No. 276 Stanton street. heard
some person in ner front room and just caught
signt OF Creswell emerging from the room with 3
bundle III his hands. she sounded an alarm and
followed him into the street, shouting stop the"
post at the time, started after the fugitive and soon
overlook him. Cresweu drew his pistol and turn
ing on the officer fired two shots at him, but
neither OF them fortunately hit him. The officer
arresting him after a sharp struggle. When
searched in the station house q bunch or skeleton
keys jimmy, brass knucKles aud pistol were
found on tim.
Fond of His Tea.
Patrick ConnOrs was caught by james Connolly
running Off with chest of tea from the store Of
c. b. Lawrence. No. AIS Water street. He gave
chase and captured the thief, who was held IN
81 900 bail for trial yesterday.
Juvenile Thieves.
william Brown and William Davis, two youths
were held in $500 bail yesterday, charged with
stealing pocketbooks from the establishment Of
the New York Pocketbook Manufacturing Com
pany.
Matrimony In Court.
Justice Flammer united in the holy bonds OF we'd
lock yesterday a brace OF happy couples who win
henceforth be one. Their names were Kenneth
Hood, of No. 122 West sixteenth street, VINO was
welded to Louisa Brandt, and Adopn Powell Of
The Clerk of the Court, Mr.. Kenyon, acted as best
man in both
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
CITY couRT-tENtRAL TERM
An Excessive Verdict-A COnductor's
Success and Defeat.

An Excessive Verdict-A Conductors
Success and Defeat.
James L. Clark, a conductor Of the City Railroad
Company. sued Lotus Wood, President OF the
Grand street and Prospect Park Railroad Company,
for alleged false Imprisonment and malicious prose-
cution On the 18th OF August 1871, the PLAINTIFFS
Car was thrown from the track at the corner OF
Grand and First streets by piece OF iron which
had been placed in the switch, in order that the
delendants car might pass from Flrst into Grand
street. Clark picked up the piece iron and threw
it away. Wood came along and told MIN to put II
back IN its place or he would have him arrested.
Clark refused to do and was arrested at the IN
stance OF the defendant. He was subsequently DIS
charged by Justice voorhees, ana then instituted
tins suit. This was his case.
On the trial his counsel, Mr.. Thomas y. Pearsall,
claimed $4,000 damages. Tue defendant pleaded
that thought Clark had stolen the section OF the
switch which caused all the trouble. Tie jury rem
dered a verdict in avOr OF the plaintiff Tor $1,000.
The case was appealed and yesterday the argu-
ments were heard at General Term. The result
that the verdict was set asae as excessive. IL
was further held by the Court that this suit, being
for lalse Imprisonment and malicious prosecution,
could not be maintained
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
COURT OF COMMON plsAs-YECAl TERM.
One of <he Sureties Of Genet Trying TO
Shfrk His Bond.

One of che Surcties Of Genet Trying TO
Shfrk His Bond.
Before Judge J. F. DAILY
Mr.. Charles Devlin was one OF the unfortunate
bondsmen OF Harry Genet. He became surety in
the sum OF 1000 for Genet to appear and answer
to another indictment than the one ON which the
latter was recently tried ana convicted and
Judgment for this amount was entered against
him. Application was made in this Court yester-
day by eX-Judge CardozO to set aside this Judg
ment. The ex-Judge made lengthy and lab0red
argument IN the case, which was all very wen, ex-
cept that IL failed OF the desired result Judge
DAILY held that, though che escape OF Genet was
impair or anect the obligation OF his surety to
apprehend and produce him on the other indict-
ment. AS surety Mr.. Deviin took all the risks OF
the case, and as Genet failed to appear he must
pay the amount OF his bond.
Mandarin Against the County Auditor.
Application was made yesterday for a peremp-
tory mandamus against County Auditor Earle,
directing him to audit the claim OF Charles Klnke
for supplies furnished the city. The objection to
the bill was that 1t was fraudulent and
the charges excessive. 1t was shown that the bill
had been audited and allowed by the Board OF
that was required, and directed the mandamus to
issue.
Decisions.
Blumenthal VS.. COllius.-Case settled.
In the Matter of Deviin, &c.-Motion denied. See
memorandum.
The People ex rel. Hinkie vs. Earle, Auditor
Application granted. See opinion.
BY Judge Robinson.
Smith VS.. Cooley.-Resettlement OF case denied.
See memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
COURTS FOR FEBRUARY.

There are heavy calendars in all the State courts
for next month.
The Supreme Court, General Term-Judges Davis,
Daniels and Donohue on the bench-will not meet
till the second Monday of the month. This viii be
to render decisions upon cases already argued.
Judge Van Brunt will preside at Special Term and
Judge Barrett at Chambers. Judge Lawrence will
hold Part 2, Trial Term, and Judge Van Worst
Part g. Trial Term.
In the Court OF Oyer and Terminer Judge Brady
will preside till the middle OF the month, and the
residue OF the term Will be held by Judge Davis.
1t Is the intention to bring to trial King, Scanne
simmons and others awaiting trials on indct-
ments for murder and, If possible, clear the
calendar OF its present multiplicity of cases.
At the General Term OF the Superior Court
Judges Mcneil and Freedman will preside. The
Special Term will be held by Judge Sedgwick
Part /, Trial Term, by Judge Spier, and Part p
Trial Term, by Judge curtis.
In the Court OF Common Pleas the Equity Term
will be held by Judge Loew; Chambers by Judge
Robinson Part l, Trial Term, by Judge Larrem0re,
and Part 2, Trial Term, by Judge j. +. Daily.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
LADIES' UNION AID SOCIETY.

To THE EDITOR OF THE HERALD
In your issue Of Monday, January 20, Ia list or
benevolent associations with their expenditures
for the year. among which the Ladies' Union Ala
Society is reported TO have expended more than
$50, 100. This Is very incorrect The animal re-
port OF this society shows the average NUMBER OF
Its benetciaries during the year to have been 90
aged and infirm men and women. The Ireasurers
report exhibits the expenditure OF $l0,355 %,
inrs in repar' paving for HV services End supplies
medical attendance and all other necessaries for
their comfort and bills all paid. Should other
societies reported be found in this ratio the
amount expended must he greatly diminished
MATILDA M. ADAMS, Secretary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
CITY COUaT-SPECIAL TERM.
Moro Marital Misery.

Eliza Horning seeks a limited divorce from her
husband, George Hornlng, on the ground OF cruel
ana inhuman treatment. She charges that he has
refused to support her. The couple lived at No. "A
Main street. The defendant denies that he has
ever treated mis- vile badly and asserts that she is
an habitua drunkard. He says that as long as she
keeps sober he Will support her and take care OF
her.
The case was before the Court yesterday on a
motion for alimOny and counsel lees. Judge
McCue ordered counsel lee OF 500, but held the
question OF alimOny IN reserve. IL was stated that
the couple are now living together again.
Before Judge Reynolds.
Alfred Van Zandt sought to acquire the custody
Of his two infant children, who are now in the
Brooklyn Nursery. where the mother is employed.
Mrs. Van Zandt claimed that her husband could
not support his lamly, and had maireated and
abused her. The Court decided That the little
ones remain where they are.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
THE COURTS.
Dissolution of the New iOrK
Stock Mining Board.
An INSURANCE COMPANY MulcTED.
Ganet's Sureties Must Face
the Music.

+, the war OF the rebellion John j. Ritter, a
minor enlisted soldier in the army OF tine
A5nion with about 800 other soldiers he deserted
at Castle Garden. Not along ago ne was appre-
ended and held by the military authorities for the
purpose OF compelling him to serve out the full
period for which he had enlisted. His friends then
sued out a writ of habeas corpus in the United
States District Court before Judge Batchford. and
claimed the discharge OF Ritter the ground that
he was minor at the time Of his enlistment; but
che Judge decided that the oath of the recruit that
he was OF age was entirely conclusive, and
that Ritter, therefore, could not be discharged
from the army. Then the point was raised
that at the time OF his enlistment Ritter was drunk
and did not know what he was doing and that,
1or this reason, ne ought not any longer be SUD-
sected TO military service. To this the government
answers that Ritter is excluded from presenting
any such claim by reason OF IdcheS several years
having passed since the date oil his enlistment.
Upon this point Judge Blatchford has not yet rem
dered his decision, but will probably do so In the
course of a lew days
Yesterday Marshal Fiske, Of the southern district
of New York, received an order from the supreme
Court of the United States IN relation to the case
of Edward LANCE, who had been convicted In the
United States Circuit Court, before Judge Benedict
OF appropriating mail bags TO his own use
The order sets out the facts in relation to the
Bentence, resentence and Imprisonment OF LANCE,
and states that the cause OF this imprisonment nav
ang been inquired into by the Supreme Court upon
the writ of nabeas corpus and full and due consider
alton having been had the Court finds that the I'M
prisonment Of Lange, under the sentence OF the
Circuit Court was without any authority in law,
and that LANCE, therefore, must be restored to his
liberty. Mr.. LANCE has been about three months
IN prison. The decision of the Supreme Court
makes him free man once more.
The Superior Court, General Term. yesterday
gave an order that the January Special Term be
extended until the first Monday of April, for the
determination OF trials commenced during the last
term.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
COURT Of COMMON AtAs-1aM Jeam-par ?.
Heavy Verdict Against an Insurance
Company.

Heavy Verdict Against an Insurance
Company.
Before Judge L0ew.
The suit in this Court. winch has been protracted
through four weeks, brought by Captain Leitch
against the Atlantic Mutual Insurance Company,
terminated yesterday, and its conclusion was what
was generally anticiDated-a verdict for Captain
Leitch for the full amount OF bis claim. making,
with interest, SAC 1913 So. besides 1--we per cent al
lowances. This has been very impartial and
decidedly elaborate trial. and nothing has
been omitted, after six years or preparation,
to present all the facts pertaining TO me case 10
the Jury. The defence OF fraud has been, by the
evidence and verdict, proved to be entirely un-
true. The summing up for the defence by eX-yudge
Porter occupied over hours Mr.. w. ]. A. Fuller
followed for the plaintif. lie only spoke about
two and half hours, but his eloquent appeal, added
to his practical nautical knowledge and strong
and convincing arguments on the evidence. won,
beyond question, the case. Judge LOew made
very clear ana concise charge to the jury, and the
latter, alter being out three hours, gave the ver-
dict as stated above
Messrs. Albeit h Fuller ana Charles NJ. Da Costa
for plaintid; eX-Judge Porter, Mr.. ChUate, o. A.
Hand and Mr.. Cleveland, for defendants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
5y Judge MCAdam.

Bloomingdale VS.. Reilly.-The decision OF the
Court in this case, in which the plaintiff claims the
right by law to continue the prosecution OF suit
Instituted against the husband OF the defendant
his lifetime, and his eXecutrix, the eXecutriX Of
tue deceased, was rendered by Judge McAdam,
VINO says:-Nineteen days after Issue was joined
herein the defendant died, and the present mo-
ton is for leave continue the action against his
widow. who qualified his executrix. The ex-
ecutriX objects that this Court has no jurlsdlc-
tion Of action against an executor
or administrator a. such. While this is true IL Is
subject 10 this qualification, that II an action is
brought ana this Court properly requires jurisdic
tion thereof, il is not diyested by the death of
either party afterwards. but the action is to be
continued by or against the representative OF the
deceased the case may be, under section III Of
the Code. which section is as much applicable to
the Marine Court as to any other. Code, Sec s,
DAILY 434. Laws 1872 chap. 62a, secs. and 81
The plaintiff may, therefore, enter an order direct
ing the service of a supplemental complaint on
tine eXecutrlx or her attorney, according to sec
ton 12l of the Code before referred TO, and requr
ing an answer thereto within twenty days after
such service.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
Kenz. Henry Macdonald and Thomas Armstrong

Kenz, Henry Macdonald and Thomas Armstrong,
all OF the city of Brooklyn.
Letters OF administration were granted IN the
estates of the following named pers0ns:-John Bull
lens OF the town OF New Lots; Heinrich Rauch, ST.,
Samuel A. Watts Annie Chapman, william Bald
win, Gilbert Scnenck Beam Hannah X. Marshall.
Maurice Flaberty, Major g. Mix, Mary Farren,
Fanny Doherty and Mary Lane, all oil the city OF
Brooklyn.
Letters OF guardianship Of the person ana estate
Mcdowell, OF Amy Blatcnlord 90 Orviie D. Jewett,
OF Augusta, Me, and George Meier TO George
Straub, all OF the city oil Brooklyn.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
BROOKLYN COURTS.
SUPREME C0URT-SpEClAl TERM.
An Old Case Settled.
Before Judge Pratt.

In 1869 an action was brought by Juliet Renwick
for an absolute divorce from Frederick RenwcK,
on the ground Of adultery. The case was pen ding
for some time, but finally, in 1871 the plaintiff was
granted divorce. The plaintin subsequently ap-
piled Tor the custody Of the children, and while
this branch OF the case was being tried before .
referee Mr.. Renwick became Insane and was re-
moved to the Bloomingdale Asylum, where he
row Is.
Yesterday an application was made for final
allOwancesand the case was closed. A counsel fee
OF $3.50 was allowed by Judge Pratt. The question
OF alimony was not decided. IL Is said that de-
iendant's income is $4,000 per annum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
HARLEM POLICE COURT.

Alleged Swindiing Operation by an Adj
vertising Agent.
young man named Alpha Kerer was yester
day committed for trial at this Court by Justice
Murray, in default OF $500, to answer a charge OF
obtaining money from his employers the proprie-
tors OF the Harlem Local, by false and fraudulent
representations. 1t is alleged that the accused
presented an advertisement for publication in the
paper named and drew his commission for the
same When an attempt was made to collect tine
bill 1t was discovered That there was no such firm
i'll existence the one purporting to be the adver
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
NEW YORK HERALD SUNDAY FEBRUARY 1874-TRp1E SHEET

complaint dismissed, with costs Findings and
conclusions flied.
Bensel VS.. Gray.-Judgment for plaintiff. Find
tngs and conclusions filed.
By Judge Curtis.
to flled.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
MARINE coURT-GExeRAL TERM.
Decisions,

By Judges Alker Spaulding and McAdam.
Cropsey vs.. SOlomOn.-Order appealed from re-
versed condtiOnally. See opinion.
Dawes VS.. AarOns.-Judgment affirmed.
Story VS.. Bennett.-Judgment affirmed.
SOper VS.. Acknowledgement affirmed.
Goodhart vs. smith Judgment affirmed.
Nelson VS.. O'Brien.-Order affirmed and motion
to yacate denied
Gottsche VS.. Washeim.-Order affirmed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
SUPERIOR COURT-SPtcl4l TERN.

BY Judge Mcneil.
-, noyey Vs. The Rubber Tip Pencil Company Mo-
mars. MARSH vs.: Second Avenue Railroad Company
Motion for Judgment denied.
Scnutnise vs.. Bassett.-Compiaint dismissed.
Moore vs.. Schaeier; Milipan vs. Jones--Orders
granted
BY Judge Freedman.
Hoonany vs.. Twenty-thIrd Street Railroad Com.
pany.-Complalnt dismissed and Judgment for de-
fendanG Findings and conclusions lied
GEU W. BenseL-Judgnent for defendant and
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
SURR0GA Tt'S COURT.
The Record Of Last Week.

Before Surrogate william W. veeder.
The Surrogate admitted to probate the wills OF
Thomas M. Glen, OF Bay0nne, N. j.. Carsten II.
Heinshohn. OF the city OF Hoboken, n. j.; james
McNobbie, Timothy Williams Andrew Dippofd,
Ludwig Kuhnemann, Winilred Hanley. Andrew
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
MARINE C0URT-CHAMBeR

Question as to the Legality OF the Con-
tinuance of Action Against the
Widow or q Deceased Defendant-De-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
TomBs POLICE COURT.
A vigiiant Night Clerk.

Before Judge Morgan.
About haf-past two yesterday morning Henry
West night clerk at Frencbs Hotel hearing