davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
MARINE C0URT-PART 3.
Action for Illegal Conversion O.
Property.
Before Judge McAdam.


Before Judge McAdam.
Polhamus VS.. Bogart-PantiT and defendant
were formerly copartners and engaged in the
manufacture of silverware in Centre street, and
plaintlf alleges that in March, 1872 q dissolution
OF the firm took place, by the terms OF which all
the firms property was to be turned over to him
and he was to assume all the partnership debts.
Defendant afterwards sold set Of silverware for
1922 43 and applied the proceeds to his own
use, and plaintiff brings this action to re-
cover that amount, on the ground that It
was an illegal conversion OF property. For the
defence it was claimed that no articles OF dssolu-
ton had ever been signed by the parties only q
NOTICE published In newspaper, and that was not
sufficient to divest the defendant OF his interest in
the goods; that the affairs OF the partnership were
still unsettled and no account had been rendered
to the defendant and therefore no action Tor con.
version could be maintained.
The Court charged the jury that II they found an
agreement was made, as stated by the plaintiff
the property in suit became his, and II the defend
ant afterwards sold IL without the plaintiffs con-
SEM he was liable to the plaintln Tor Its value.
The jury rendered verdict for the plaintiff for the
full amount claimed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
COURT OF COMMON PEAs-TRnL IEsm-pAa1 g.
Interesting to Policy Holders In Fire In
surance Com nm mica.

AHtcTestAnS 10 Foiicy Holders In Elre In
surance Companies.
Before Judge Larremore.
John Loehr applied to Messrs. @. W. Standard &
Co., agents OF the Andes Insurance Company,
CINCINNATI, through John p. Teaie, broker, for a
policy OF fire insurance on his factory in this city.
The policy was issued ana Teaie collected the pres
MUM, amounting TO $3.50, and neglected 10 pay IL,
as Loehr aliegeA to him or his agents. The de-
fence was that payment to the broker
was payment to the company. Judge Larre-
more charged the jury that the broker
was not TIE agent Of the company, as the
policy OF Insurance contained clause that any
person other han the a ssured procuring the policy
should be the agent OF the assured and not OF the
company; but as Ieae testified that he paid the
premium less his commission to the agents OF the
company, ne left 1t TO the jury to decide on the
facts Of the case.
The jury found verdict for the plaintiff for the
amount claimed.
MlrOu Tnurlow for the planrin and A. Spauldlng
for the Defendant,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
T0MBS POLICE COURT.
Before Judge Morgan.

For long time past the cotton brokers in Broad
street and vicinity have suffered from various
small pecuiatiOns in the way of the staple article.
Numerous samplers are employed by them, and it
is alleged that the samples have been stolen and
sold to various junk dealers Detectives Ciapp and
Walling have been looking up the matter Tor the
past three weeks, and after some search dis
covered that part OF this stolen cotton
was SOLD TO Mnnam Madden, OF No. 337 Washing
ton street. They touna man named John Cor.
man selng some forty-.wo samples, valued at
So 60 TO Madden on last Friday. He was arrested,
ana the cotton or samples Of cotton were Identified
by Albert GODDARD, who Ia employed by Dennis
Perkins Co., "a Broad street., as . sampler. Cor
man was held IN $500 bail to answer, and william
Madden. who keeps the Junk store where the cot.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
In the matter OF Merey.-Appiication dismissed
Devo' W.. Mntter.-Mosion denied, VITA $40 costa.
Cowen va. Hll2s.-MOtiOn granted.
SUPERIOR CCuRI-SfeCIAL TERN.


Decisions.
BY Judge Sedgwick.
Clements VS.. householder overriding de-
murrer.
Merkile vs.. Green.--Order denying motion.
Elliot Va M0ore.-0rder Tor leave TO issue execu-
ton.
lutte vs.. Hughes-Order for allowance.
ONell Vs. Murphy.-Motion for reference
grarted.
West vs. Platt.-Motion granted.
Delamater VS.. The American journal Box Com
pany
Same vs. Same.-Motons denied.
Mellick vs. Gilmore; Henesheimer VS.. Fladder-
man.-keferences ordered.
LOebig VS.. Slmon.-Order granted.
whitaker VS.. Stebbins.-Order for Judgment
and accounting.
Aging VS.. Riley.-MotIon denied, without costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
ton was found. was held In $1,000 BAH as receiver
oil stolen Aoods.
HARLEM PallCE cORT.
Vhe Last Raid on the Cock Fig hters.
Before Justica lomira


Before Justice Kasmire.
The twenty-seven prisoners arrested nv the poItoe
hate on Saturday night, In the cockpit OF "Henv
Baxter, at the loot OF East Eighty sixth stree.
we're yesterday a2ain arraigned at this Court 10
enable them TO give bah. All but two gave pop as
In the sum OF $500 eacn for their Appearance Tor
trial at tue Special Sessions and were liberated
A Sad Case OF Destitutian.
August Rossman, OF No. 333 Eighth street, en-.
tered the oyster saloon Of Edward Brown, at No.
2, 300 TTird avenue, In an Intoxicated condition
and asked for stew saying that he " as destitute
and hungry. Upon being advised 10 apply 10 tie
person no sold hIm liquor he seized heavy glass
bottle and dealt Brown severe blow on tie
head. When arrested $12 were found on tie
pris ners person. He was committed ia default Of
Attempted Murder.
On Sunday last Alexander Farrell, contractor
in the employ OF Mr.. Bard, a well known con.
tractor, struck in the face with his fist August
Buknlskf, private waiter employed IN the
house corner OF Filth avenue and 12oth street. with
out an DrovOcation whatever. The assaulted man
gave fight when Farrell drew revolver and
hfed one shot at Bukufski. The shot, OWING TO The
bad marksnansnip OF Farrell, VINO was intoxi-
Gated, did not take effect but grazed tae cheek OF
Young girl short distance away. The prisoner,
VINO bears bad character having served one year
In prison for stabhing man, was committed for
trial without bail.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
Suit for Damages Against the City Dis4
missed.
Before Judge Lawrence.

Before Judge Lawrence.
Joseph W. Duryea who owns the lots on the east
side OF First avenue, between Tnirty-fourth and
Thirty- fifth Streets brings suit against city for
1000 damages on account OF the overflow of
his lots from the sewer. This overflow, 1t Is
claimed, has been going on since the 1st of Feb
ruary 1866, and that, beside being nauseating and
injurious to health there has been washed away
several thousand cubic yards OF land aud
q portion OF the bulkhead. The defence
Is that the sewer was properly constructed
and that the overflow was caused by Mr.. Duryea
obstruoting the sewer by throwing dirt and refuse
matter into the river where the sewer empties.
Ex-Judge Fthian and Mr.. A. j. Vanderpoei appeared
for the plaintiff, ana Mr.. ID. q. Calvin and Il. J.
Forker assistant Corporation counsel for the city.
After the evidence on the part or the plaintiff had
been submitted motion was made to dismiss the
complaint on the grounds OF defence raised above.
The motion, after prolonged argument was
granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
COUsI OF cOEMoH plEAs-cpEcnL team.
A Claim for Rent Against the City.
Before lodge Robinson.

"A CA~HHA tut ItcHI hShIuSC Ihe WY
Before Jadge Robinson.
suit OF peremptory mandamus was asked for
IN this Court yesterday, directing the Comptroller
to pay MIR. stockwell rent OF premises in Fourth
street. near Broadway, rented by the city. 1t was
claimed Il at the bin. having been audited by the
Board OF Supervisors, made its payment conclusive
on the Comptroller. The answer was that the
price charged was eXOrbltant, being $4,000
whereas So 900 Is alleged to be ali that ought to be
paid. Judge Robinson denied the application, but
granted an alternative writ
Decision.
By Judge Larremore.
Bovine vs. O'Bren, Sherin.-Judgmeut for plain-
tin. (See memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
CITY c0URT-TRiAt TEam-Paaf 2.
The Spencer Divorce suit.
Refore JudQe REYNOLDS.

The now notorious spencer divorce suit is being
tried again. This is the third trial within six
months. The jury on each OF the former trials
were unable to agree upon verdlcs.
rom Caroline s. Spencer on the ground OF adul-
tery He charges that she mas been on terms OF
Illicit intimacy with J. q. Hull and ]. M. Wilder.
the defendant denies the truth OF the charges.
The trial will probably continue several DAYS.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
COURT OF APPEALS CllERnAH.

ALBANY, Feb. l6, 1874.
The following is the Court OF Appeals day calen-
dar for February lNOs. 63, l15, 1l9, 12o 107, s..
70, 81.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
SUPREME CouaT-ciScul1-pMr 2.

W. e. Bradley was accordingly discharged,
vas also Hugo HOFFMAN.
The Portland daily press., 1874-10-21
Pickwick Club.

This club made their annual trip to the
mountains last week. They accepted the kind
invitation of the host of the Wiley House
and rode to the foot of Mt. Wiley. They pro-
posed to do" this mountain going up by Cow
Brook. What a pity this mountain stream has
not more suitable name, it being one of the
most picturesque streams that runs into the
Saco. They started up tho stream under the
leadership of Sam Weller, and though they
met with sundry mishaps they returned full of
praises of the delightful falls and cascades on
this brook. There is Ripley Fall, which all who
have seen pronounce the most charming in the
whole mountain region. Then farther up are a
series of falls and cascades which have received
the names of Fern Cascade, Wiley Falls, Moss
Cascade, Artist Falls and Dickens Cascade.
OF course the party met with sundry acct
dents. Micawber sat down in wet place, not
because he wanted to- but because he couldn't
help 1t, and Snodgrass took bath in the damp
est place in the brook while Sam Weller just
waded right in all the way up. They don't
say much about getting lost on the noun
tain, but Pickwick and Wrinkle pretended after
they discovered spotted path that led them
safe down, that they had been hunting for it
all the time One thing is sure, when the party
arrived at the Wiley House, if Wrinkle had
wanted to sell part of his clothing he wouldn't
have realized cent, on account of compound
fractures in it.
The following day they attempted to do Mt.
Webster, but got caught in a hail storm and
were obliged to return to the Wiley. The
next morning, after reluctantly bidding the
whole souled landlords of the Wiley House
good bye till next year, they started for Bemis
Station ON foot in severe snow squall, reach
ing there in time for the train. After a short
ride over the Ogdensburg, which seemed all
the shorter for the kindness shown them by
Conductor Richards, they reached home, vot-
ing the excursion the most successful they ever
bod
The Portland daily press., 1874-10-21

From 7.3O m to $50 M Sundays excepted
Sundays open for Carriers and General Delivery
City Delivery.
The public are requested to adopt the house door
boxes the use of which will result in greatly
increased rapidity in the delivery Of letters.
by having them plainly addressed to the street and
No person need call at the Office for all may have
mail matter left at their residences regularly with
Three deliveries will be made daily in all the dis
tricts viz at $50 and 10 a. M, and at p M and in
heart of the city, an additional delivery at p. m.
Collections
Are made on week days at and Ills, a. m, and
at and p. m. On Sunday one collection at p
Arrival and Departure of Mails.
Boston and intermediate offices. Arrive at 1926
and 1890 p m. Close at $50 M and 2.4O and 900
pm.
intermediate or Way Mails via Boston and Maine
Railway. Arrive at 1850 and $40 pm. Close at
$50 III and 2.40 m.
Great Southern and Western. Arrive at 1920 and
1890 m. Close at $50 a m, 40 and 900 m
Bangor, Mattawamkeag, and connecting routes
Arrive at p m. Close at II m:
Augusta and connecting routes. Arrive at 9.05
m and pm. Close at IL m and p M.
Express, Augusta, Bangor and the East. Arrive
at am. Close at pm.
Skowhegan, intermediate offices and the north
Arrive at p m. Close at - m.
Skowhegan, closed pouch, closes at 6.15 a. m.
Canada and intermediate offices, via G. L. r. Ar
rive at 3 q m. Close at 12.45 p m.
Morning Northwestern by g. T. r. Arrive at 9
m. Close at $50 a. m.
Lewiston and Auburn. Arrive at 9.O5 m, 8 and
6.15 m. Close at 6.15 m, II m, and p m.
Rochester, N. H., and intermediate offices. Arrive
at 10. 10 a m, and m. Close at m, and p m
North Conway and other offices on the P. & Q. r.
R. Arrive at 900 a N, and 800 m. Close at 6.4s
a. m. and 100 pm.
By the Bridgton Stage Arrive at p III. Close al
Gas am.
Eastport, via each steamer. Arrive at 6 M
Close at 8 p m.
Castine, Deer Isle, Sedgwck, Mount Desert, Mill.
bridge, Jonespert and Machias, via each steamer
Arrive at a m. Close at p m.
Nova Scotia and Prince Edwards Island. Arrive
Thursday at a m. Close Saturday at SPIN.
Foreign Mails, via New York, day previous to sail
ing of steamers, Close at 240 p m.
The Portland daily press., 1874-10-21
A visit :. the "Kindcrgartcn.

We have Just had good time, a real re-
freshing visit to the kindergarten; for the les
sons of the little children combining pleasure,
exercise and instruction, will bring the good
time out of man if he has any good in him.
The school-to use our we'll known name-is
under the charge Of Miss J. ID. Proctor, a grad
uate of the Boston Kindergarten" and is
located in the vestry of the High street Con-
gregational church. Here the little ones have
not only grand hall for their exercise and
play, but cosy sunny school room adjoining.
This school room would astonish onr grand
mothers who dozed, and Spelled" over the
stiff hard desks, or on the narrow backless
benches of We olden time.
The first objects which meet the gaze are the
large, low, handsomely painted tables sur
rounded by the wee little chairs; as if Tom
Thumb and Commodore Mutt were about
to spread feast for their Lillputian friends
This table is for object instruction, and is
marked into squares where the youny ideas
have an amusing lessen in which Fright" and
left" forward" and backward are
taught.
Then we see the games with colored balls
and beads in which pleasure is so artfully COM
bined with instruction, that the locker on gets
as ''tckled'' as the little ones.
When we were there the day was being dis
cussed, and each one was allowed to give his or
her opinion as to it. One little Miss of four
years was quite positive, that when the sun shone
out, The sky was always blue; and one little
fellow persisted that he had seen it red! When
asked to explain he informed the teacher that
it was one time when he rode out to the ATTAIN
tic House with papa and mamma-in the eve
ming! And well we have not half time or
space to tell the good things we saw and heard,
but would advise mothers and fathers of little
children to make Miss Proctor visit. The
number of pupils at the Kindergarten" is
limited, but we understand few more schol-
ars would be acceptable. Some misunder-
standing exists about the cost of tuition, but
we can assure parents that it is the same as
any first class school for children, and just one
half of the cost of the same class of schools in
Boston.
The ages of the little scholars are from three
to seven, and the length of session is very con-
venient to them, being from half past nine to
half past twelve o'clock in the morning. The
extra conveniences of the school are very SUI
perior and, in short, everything is done for the
health, progress and, above all, tie happiness
of the children.
The Portland daily press., 1874-10-21

At the meeting of the National Temperance
Camp-meeting Association, which takes place
in this city tomorrow evening, there will be a
grand rally at City Hail. Gov. Dingley has
expressed his willingness to preside. Coles
Portland Band will furnish the music, and nu-
merous and able speakers will be present. In
addition to the list published yesterday, there
may be named DIR. Towle, President of the
Fryeburg Temperance Reform Club, Albion
Little, Esq, President of the temperance Or
ganization in this city, and Capt Cyrus sturdi-
want
There will be very large delegation present
from Saco and Biddeford, and full accounts of
the wonderful movement in those two cities
may be expected. The reform clubs there are
now thousand strong, and the rapid progress
of the reform movement is something extra
ordinary. The converts are, many of them,
men of high social standing, men who have
been c'assed among moderate drinkers, and on
these accounts their reform has unusual at
Effectiveness and weight.
1t is proposed to continue the temperance
rally throughout the week, and very likely en-
inent speakers frem abroad will be present. 1t
is hoped that Miss Frances E. Willard who
created SO marked and favorable an impression
on her appearance at Free street church last
September, will pay a visit to the city during
the continuance of tine meetings.
The Portland daily press., 1874-10-21

GOOD SAMARITAN Experimentation Star
Assembly, No. meets in Deerng, Wednesday eve:
nngs; Rising Star Assembly, No. q meets at Sons d
Temperance Hall Saturday evenings.
MAINE CHARITABLE MECHANIC ASSOCIATION
Corner of Congress and Casco Streets First Thurs
day in each month.
Young MEMS CHRISTIAN ASSOCIATION Corner
Congress and Casco streets. Every evening
PORTLAND FRATERNIr--No.3 1881 Congress street
Every evening.
KNIGHTS OF PYTHIAs-Bramhall Lodge No. 3
Thursday evenings; Munjoy Lodge, No. 6, Mon
day evenings; Pine Tree, No. IL, Friday evenings.
At their Hall, Clapp's Block, Market Square.
PORTLAND ARMY AND NAVY UNION Corner
Congress and Brown streets. First Tuesday in each
month.
Sons OF OBSERVATION-DISCLOSURES Division, No. 95;
Sons of Temperance Hall. Friday evening.
PORTLAND TYPOGRAPHICAL UNION, No. 75-Cor-
ner Congress and Casco streets. Second Saturday in
each month.
PAYsoN LITERARY SocIETY-Meetngs every
Monday evening, Browns Block cor. Brown and
Congress streets, at u O'Clock.
MERCANTILE LIBRARY ASSOCIATION, Congress
Hall Block. Second Monday in each month. Deliv
cry of books, 2 to g., 7 to Q, day and evening.
BoswoRTH Posi- G. A. R.-Meetings every Friday
evening in Mechanics Hall, corner of Congress and
Casc0 streets.
PATRIOTIC ORDER Sons OF AMERIcA-Camp No.
I convenes at Arcana Hall, Williams block, corner
at School House, Turner's Island Cape Elizabeth,
Friday evening; No. on Wednesday evening and
No. on Monday evening at Temperance Hall, No.
3514 Congress street.
INDEPENDENT ORDER OF GOOD TIE MPLARs-Ar
cana, Monday; Mission, Wednesday; Forest City
in Williams block, Congress street. Mystic, Thurs
day, at Sons of Temperance Hall, Congress st
Iron Clad, Thursday, at West End.
The Portland daily press., 1874-10-21
Business Notes.

The candy manufactury of VIM. Allen, Jr.,
has just started up and the firm are anticipat-
ing large orders for the coming season. This
branch of business has grown from very
small beginning to one of tbs most important
of Our industries.
There are upwards of twenty thousand
hogsheads of salt in bond at this port at
this time, more than double the stock year
ago.
The yield of apples in Winthrop is large and
of unsurpassed quality, and will come nearly
up to the great yield of 1872.
Work on the Bucksport s. Bangor railroad
is progressing rapidly. The bridge will be
ready for the train in less than six weeks.
-Four spans are already IN place, and the franz
ing of the draw is nearly finished.
A starch factory is to be erected next season
at Hardwood Creek, in Lyndon-the full num-
Der of acres of potatoes having been guaran-
teed.
A starch factory is to be built next season at
Marston's Mill, the requisite number Of acres
having been subscribed.
The frame of the East Corinth cheese factory
is nearly up.
The johnson wooden mills, of South Wayne
village, are turning out a large amount of goods
with their looms. They manufacture eight
different styles of flannes, which find ready
market
The Somerset Railroad Company are now
laying the iron from Norrdgewock to Madison.
A large force are at work fitting the road bed
for the sleepers, and they will employ as many
men as possible in laying the sleepers and
rails. They are also building a large wood
shed at Norrdgewock, and supplying the
road with the necessary rolling stock, &C..
which the fast increasing business of the road
| demands.
I. A. Lane of Bethel has his clothes in
| factory in successful operation. He turns out
ninety minute. He exhibited fiue speci-
men at the town fair. He has machinery
capable of manufacturing six hundred boxes a
| day.
The Sunris, reports that the cheese factory
at Bridgewater though in operation but short
time this season, made four tons of excellent
cheese Farmers in all the vicinity are pur-
chasing cows and getting ready for next years
operation, and very large amount of cheese is
expected to be made next season.
The Portland daily press., 1874-10-21
Superior Court.

OCTOBER CIVIL TERM, 1874, sYMoNDs, j., PREsID-
ING.
TUEsDAY.-Simeon X. Yeaton g. wife VS. Leonard
B. Chapman. This is an action to recover damages
laid at five thousand dollars, for an alleged SANDER
by words, charging that the female plaintiff would
prostitute herself for the sum of one dollar. De-
PENDANT denies that he uttered the words charg
ed.
The female plaintiff is tre daughter of Joseph
Boardman, proprietor of the Brewer House. Testi-
mony and arguments closed.
ADMINISTRATORS for plaintiffs.
Reed for defendant.
The Portland daily press., 1874-10-21

The prospect now is that there will be large
number of criminal cases before the January
term of the Superior Court.
1t was Nahum Littlefield who carved the
stern moulding for the Ocean King.
The steamer Toxic of the Pacific Mail steam
ship line is taking in load for Panama, and
consequently will not come to this city.
Ice formed in several places in this city on
Monday night.
A house and barn, together with furniture
belonging to Mrs. E. Hampton and occupied by
Sarah Bedford was burned at Pride's Corner,
Saturday night. Loss $500; insured.
The steamer Falmouth will be taken off her
route the last of November and put on the Bos-
ton route in place of the Forest City, which is
to be repaired. The steamship Georgia, now
plying between New York and Bermuda, of
900 tons burden, will take the place of the Fall
mouth.
One of the workmen at the Portland Co. was
caught in the machinery yesterday morning,
but was extricated by Frank Chase, who had
one foot badly injured. The workman escaped
without injury.
The annual meeting of the Martha Washing
ton Society will be held at the house of Mrs. r.
Littlefeld, SO Brown street, Thursday afternoon
at % o'clock.
At meeting of the Scandinavian Society
last evening a subscription was started towards
raising fund to build new church.
The Montgomery Guards celebrate their an
niversary next Wednesday, at their armory.
The Portland daily press., 1874-10-21
Fatal Accident,

Yesterday morning about ten o'clock, man
named Martin Burke fell from staging on the
schooner Katie Stevens, at Union wharf, kill
ing him instantly. 1t appears that the vessel
is discharging coal and has a staging run from
the building to the vessel The staging is
about fifteen feet above the deck of the vessel
Burke was employed in sitting coal on the
wharf, but of late has not been at work. He
went on the staging several times before the
accident, and the workmen drove him off, but
he returned. 1t is thought that his foot slipped
and he fell. He struck on his head, crushing
his skull.
Coroner Gould was notified of the affair and
at once took the body in charge and summoned
a jury, who found the following verdict:
The jury find that Martin Burke was killed
on Tuesday. between 10 and IL o'clock a. M,
Oct. Goth, 1874, by accidentally falling from
the staging over the deck of the schooner
Katie Stevens, discbarging coal at the time at
Snurtlef's yard on Union wharf, he being at
that time, as appeared by the testimony, under
the influence Of Intoxicating liquor.
Burke lived on Grove street and leaves a wife
and several children. He was about 40 years
of ape