davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07

In the United states District Court yesterday the
case Of the government VS.. two lots Oh ground,
Nos. 20 and "a Abbattoir place. near Thlrty-ninth
street. was tried before Judge Blatchford and
jury. 1t was sought to condemn the lots on the
ground that Illicit distllatiOn had been carried on
there. 1t Was not proved that the trustee OF the
property, Mr.. NchOll, or the agent, was aware OF
such dstillation. and, by direction OF the Court
there was q verdict Tor the claimant.
Owing to the great multiplicity of motions walt
ing to be heard in Supreme Court, Chambers,
Judge Donohue relieved Judge Barrett yesterday.
who is holding Chambers this month, by also hold
ing Chambers. Both sat till late hour, and very
nearly cleared the days calendar. One necessity
of holding the two Courts has been the prolonged
argument, before Judge Barrett, in the old Adams
Express Company litigation, which has been so
frequently before the Courts heretofore that there
Is nothing possibly new TO be said about 1t.
The aflldavts, complaint and order OF Judge
Barrett, OF the Supreme Court, in the case Of John
Kelly and other Tammany Sachems vs. Police
Commissioner Charlick. were yesterday served
upon the latter pursuant to Judge Barretcs order.
AS the examination Is set down LOT next Wednes-
day this gives but short time Tor preparation to
.,eet the charges.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07

navy costs mucn more tnan 70 build one cuisine
but our navy yards In times OF peace should be
Kept the same AZ fort In our harbor is Kept In
times oil war. In peace they should be preserved
ana the outside establishments should do the
ship yards IN time OF war; without this We NAV
find ourselves some day without means TO protect
ourselves.
i am confident, II Congress will appropriate
money Tor our navy. We will get good ships as
ever nOated any ocean, as we have the skilled
officers at tine heads OF all the departments. both
in the yards and at washington. They are well
qualified to construct both iron and wooden yes
sells of the first class have examined one now
building at the Brooklyn Yard, and will say that
she will be, when completed. the best ship in the
American navy. am, NATHANIEL MCKAY.
NEW YORK, Nov. 90 1873.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
Names.

The articles OF association were caused to be
filed Dy the defendants 10 the Tribunal OF Com
merce, in the city OF RIO Janeiro prior to the
Information ana belief OF the orators that
OF the DEFENDANTS at the time tIes of shares
in the company were issued to them PAID any
money Whatever on those shares, and that the
amount Of shares so issued by the defendants 10
themselves was precisely one.half OF the whole
ciatiOn Uarrere, It Is asserted, was appointed
sole managing director and assistant treasurer
the otner defendants devolving the whole man
apement OF the concern to him. Tnat AZ the
time 1000 shares OF the company were issued
to Carrere he was bankrupt, unable 10
pay for the same tnat the other neendamts kne%
induced Carrere to be used as an instrument 10
create a fictitious value for the shares, TO enable
all the defendants to sell such shares AS they had
Issued to themselves. The orators declare that
they subscribed iOr shares In good laith, ana Win
the belief that their rights were to be protected 10
the same way as their associates in New YORK,
VINO were represented to have taken anu PAID IOr
10000 shares. De Castro subscribed Tor and owns
2 ~ shares Lengruber 1l4o, and De Lima bas'os
The bill, which il not voluminous, and Of which
we can only make mere abstract charges mis-
management and fraud and llleQaltty In regard 10
the manner In which steamers were REQUIRED lot
the line 1t Is charged on In formation aud Deilet
tonaeo either to W. r. Garrison, Individually, or
Jointly with D. B. Allen and c. X. Garrison; that
defendants PAID out OF the money subscribed or
shares IN RIO Janeiio o large sum by way OF char
ter for he use OF the vosseI or this an accounting
is demanded as also OF several other steamers N
not keep any account either OF their expenses or
of their earnings. Various other matters are
stssmsnts OF the orators that the company was
Greatly mismanaged to the detriment vi the
orators WAC WIND up voHm,n nSn oill q sixty
cali upon the defendants Tor an accounting, ant
that the Court may give such other reliel In the
case as 1t may deem just anu proper.
Blatchiord Seward. Griswoid ana Da Costa.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07

arose between swenson and Charles Neilson. They
proposed fight. and lett the room with the I'M
der5taDdlng that they should meet in the yard.
SVEN. on secretly procured knife, and suose-
quently. meeting the deceased in the nail.
during which Nelson ws ssrus ssaeOeS. h sWen
sons movements afterwards are explained
ON the night OF the l4tn ult. the prisoner came to
my mousse ana Knocked; was IN bed; rose.
opened the window, and looked out; some one
told me TO come down ana let him IN; went
down; he SAID there somebody going to Kill
HIN, and begged me to let him in; he said that
some one IN Peterson's house wanted to rob him !;
he washed himself III my room; he walked to the
looking glass and cut OFF his whiskers he took
some cards out oil hIs pocket and put them in the
stove; he SAID he was not sure whether he had
Killed man IN Petersons; he said 1t was Charles
Nellson he had blood on his shirt sleeves; he got
SHIRT, cap and coat OF mine; did not get the
SHIRT he lett 1t was not a white shirt; could not
swear the flannel shirt produced was the one
Swenson wore; my wife gave Swenson the clothes;
Swenson again alter that.
who TOOK MN TO the Butler street police station.
captain Ferry thus described what transpIred
suppose may as well tell YOU, 1 said, 'How
dld the quarrel orlgnater' He pointed to the
Peterson $, and SAID, 'lhYse men, ! and Nelson
were playing cards together; we went Tor drink,
and when we came back we quarrelled; said mat
one OF the Petersons used shameful expression
TO MIS-. Peterson; Nelson said that was damned
liar; then we had hight; Nelson challenged me;
went mt INTO my room and got the knife; the fight
Swenson, In his testimony, admitted that he had
agreed TO hight tue deceased, but claimed that
when ne was going through the hallway Nelson
struck INN In the lace, Charles Peterson seized
nm ana third party took all the money from his
pockets. lie then FUSED his knife" while he was
on ms knees. All the parties were under the indu
ence OF liquor.
number of witnesses were examined who tes-
titled To the prisoners previous good character,
and shortly after Jour O'Clock the jury retired to
dellDerate. iney returned at haifpast six O'Clock
with verdict OF guilty OF manslau ghter in the
second degree The prisoner was thereupon sen
fenced TO the State Prison Tor life. He was re.
moved from the Court TO the Raymond Street Jail.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
SUPERIOR COURT-SPEClAL TERM
Decisions

Decisions.
BY Judge Sedgwick.
Loughran vs. ADMINISTRATION denied, with SO
costs.
Romano VS.. Romane.-Decree OF divorce
granted.
BY Judge Curtis.
Roberts VS.. JOhnsOn.-Case and exceptions
ordered to be filed.
BY Chief Justice Mcneil
Phillips vs.. Wicks, &c.-M0tiOn to vaCate judg-
ment denied, with $40 costs. (See optnlon)
same vs.. Benjamin.-Motlon to amend by adding
parties, &C., denied with $40 COSTS (see opinlon.)
Harrington ct. al. vs.. Andrews.-Judgment Tor
plaintiffs Tor the surrender to them OF the five
notes. Other relief denied Findings must be
made to conform to decision. (See opinion.j
Whiteworth VS.. Erie Railroad Company.-rhe Or
der for discovery heretofore made to stand no su-
fcient cause against 1t having been shown. (See
Oplnion.)
Roe vs.. Roe.-Judgment for plaintiff, dissolving
the marriage plaintr to have custody OF children
findings to be settled on three days notice to
PLAINTIFFS attorney.
Benner VS.. Baldwn.-MOtion for new trial on
the Judges minutes denied with costs. tJt
The People ex rel, DC. Miller VS.. Green, Comp
troller, and Earle, Authorization against Earle
granted, against Green denied. (See opinion).
Eltel vs.. Bracken.-Judgment for plaintln; find.
ings and conclusions on file.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
BROOKLYN COURTS.
COURT OF OYER AND TERM|NER.

Tragedy In a Tenement House-Trial Of
Peter Swcnson for the Killing OF
Charles Nelson.
Before Judge Pratt.
Peter Swenson, q Swedish sailor was tried
yesterday on a charge OF having murdered Charles
Nelson, also sailor, in the tenement house No.
SO Columbia street, on the 14th ult The de-
tails OF the tragedy have been published in
the HERALD. The prompt arrangement and
trial of the prisoner created considerable COM
ment, in view OF the fact that there are several
other capital cases which have been pending for
months and in which great popular inte.est has
been manifested.
Tue trial of swenson created but comparatively
little interest. He Is a large, rough looking man,
whose appearance created rather an uniav0rable
impression upon those who were present during
the triai and had occasion to notice him. lie was
delenied by Mr. Reymert. District Attorney Brit
ton appeared Tor the leOpe.
The circumstances OF the tragedy showed that
the prisoner deceased and others had been drink
ing and playing caros together, when dispute
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
SUPREME COURT-SPECIAL TERM.
ALBANY, Feb. 8, 1874.

ALBANY, Feb. 9, 1874.
At a Special Term of the Supreme Court, before
Justice Learned, this morning the remlttitur
from the Court OF Appeals decision in favor OF
the plaintiff in the case OF The People ex rel. Ed
ward W. Williams appellants, vs.. Gibson A. Day
ton as Auditor of the Canal Department respon-
dent Tor the recovery OF the OF 422 A, due
on contract Tor work performed on the Erie
Canal, at Rochester. was received, and, on motion
OF Mr. X. w. Peckham, was made the Judgment Of
the supreme Court.
writ Of peremptory mandamus was also
granted by Judge Learned in accordance with
the remittltur directed to the Auditor and requir-
ing hun forthwith to execute his warrant for the
above amount, payable to Edward W. Williams.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07

they say that the statement OF payment was as to
another bill. Owing to the strong conflict OF evil
dence In the case the Court granted q recess at
this point to enable the defendant to procure the
cheek book out OF which the cneok which ne said
was refused was drawn; but defendant, on again
appearing said that they had been changing their
place OF business ana he could not lay his hand
It, In cha ging the jury Judge Shea said tnat 1t
was case in which 1t was not possible TO recon
cue the evidence That they must either decide the
pc ter to be person unfaithful TO the trust
posed in him, or the defendant to be guilty OF q
transaction which he would not characterize, and
urged them 70 give the case very careful con-
slderatiOn. Alter an absence OF few minutes the
jury rendered verdict in favor OF the plaintlffs
for the full amount claimed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
A Jury Deciding ON the Weight OF Evil
dence.
Before Judge Shea.

BeIOTe JuuRt SIGH.
Claim ct al va Keiler.-On the 18th of February,
1s73 an employe OF the defendants went at his re.
quest to Claim 4 Co.'s and purchased silk dress
Tor STA rs. and it was on the same day sent by
porter Charles McCallum, to the defendant's place
OF business. The porter swears positively that on
enter ng the store Mr.. Keller signed the receipt
which was produced, and took the package, no re-
ouest being made for payment, as he (the porter)
was never permitted to collect bills. Plalntlfs
collector swears that he subsequently called, when
deIenuant stated he had paid for 1t. and, on an
saving that IL was 9. y. ID. package. The defend
ant and his bookkeeper swear tDat when tue por-
and o check Immediately drawn, but that
tins was refused anu cash demanded,
deiiyered and az to the testimony Of the collector
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
COURT Of GENERAL SESSIONS.
Alleged Outrage-The Case To BE Con
cluded ON Monday.

Alleged trage-The Case To BE Con-
cluded ON Monday.
Before Recorder HacKett.
The trial Of Morris Higgins who Is charged with
perpetrating gross outrage upon Mary O'Brien,
on the oath of January. which was commenced on
Thursday afternoon, was resumed at the opening
of the Court, and occupied the entire day. The
prosecuting witness was then crOss-examined by
the prisoners counsel District Attorney Rollins
examined Captain Petty to whom the girl CON-
planned, and the three physicians who made an ex
animation Of her person at the station house, the
House of Detention and Bellevue Hospital. They
all concurred in saying that signs OF physical
violence were perceptlble.
After the case was opened defendants counsel
called jacob Phillips, into whose express ONCE in
Watt street the accused took the girl, and where
che charged the offence was perpetrated. Phillips
testified To the circumstances OF Higgins meeting
the complainant in Jersey City and accompanying
her to New York; admitted giving the key OF
the basement TO the prisoner, and said
that they were only in the place four
prisoner had her IN the basement ten minutes.
Phillips denied assaulting her, she having sworn
that alter Higgins had vioated her he attempted
to do the same thing, but she succeeded In getting
out Of tue place. When Phillips elt the stand he
was detained by direction OF District Attorney
Rollins.
Higgins testified in MS own behalf and while
admitting that he spoke to her In Jersey CITY
about her baggage and conducted her to the base
ment denied tnat he made any improper advances
or assaulted her in any way.
A number Vi witnesses testified as to the good
character oil the accused Tor honesty and peaceaDe-
ness. Mr.. Rollins subjected some Of the wit
nesses to q searching cross examination, and the
testimony was all given to the Jury at late hour
In the afternoon.
The Court adjourned till Monday. when counsel
will sum up the case.
Larcenies and Burglar1es.
Lawrence Dixon, who was charged with stealing
O gold watch and chain, in the night time worth
SIS, from the person Of John Peacock, pleaded
guilty to an attempt to commit the offence He
was sent to the Penitentiary for I've years.
James ConnOr pleaded guilty to an indictment
charging him with cutting Patrick Short upon the
lett temple, on the Sd of January. The sentence
imposed by the Court was Imprisonment in the
State Prison tor three years and six months.
William King, who was charged with burglar.
tousy entering the premises OF George Burghard,
No. Frankfort street and stealing $40 worth OF
cigars, pleaded guilty to an attempt to do so.
EnOch Davis pleaded guilty to grand larceny, in
steang, on the 25th OF January, two coats and $25
in money from Edward Shields
William DAVIS and William H. Brown, who were
charged with steang twenty-five jewel cases,
valued at $50, the property OF the New YORK
Morocco Company, pleaded guilty to an attempt
at grand larceny.
These prisoners were each sent to the State
Prison for two years and SIX months,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
SUPREME COURT-GEREaAL TERM,

Important Action in Connection With
Order OF Arrest Cases.
The following important order was promulgated
yesterday by the Judges Of the Supreme Court
touching order Of arrest cases:-
In in which the defendant is in custody upon an
order Of and in in which attachment has
been granted properly seized the seizure con-
tnued the attachment not having been discharged the
defendant OF the joined and upon previous notice
OF FIVE days, may move at Chambers have the cause
advanced upon the calendar and set down for trial
NOAH DAVIS, JOHN r, BRADY
GEORGE G. BARRETT. CHARLES DONOIiUE.
ABRAHAM r. LAWRENCE
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
DELAY IN THE sURRoaATB's oFP1oE.
10 THE EDITOR OF THE HERALD

To THE EDITOR OF THE HERALD
Can you intern me why we are so delayed In
getting accounts from the Surrogates OfYlces I
am one OF the heirs to an estate the administrator
OF which nled his papers at the Surrogate's once
some weeks since to be copied, and has repeatedly
called for them, ana has received the same au-
swer, over and over again, mot ready.u We arc
exceedingly anxious to get through the settle
ment and our patience has been tried beyond en-
durance. Perhaps word from you will help ~
and hurry up those slow copytsts employed To
whittle pens and read the papers. 4. q.
BROOKLYN. Feb. Q, 1874
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
COURT OF COMMON pLEAs-IRlAL TEaM-pAHT 2.
Suing City Car Company for Damages
for Killing q wife.

lOT mining u WlIes
Before Judge ]. F. DAILY.
Mrs. Goodman, on the 10th of July, 1871, was
crossing East Broadway, when q car Of the Dry
Dock, East Broadway and Battery Railroad Com.
pany came along and one OF the horses ran against
her, knocked her down. trampled upon her and so
injured her that she died from the injuries. Suit
was brought by Isaac Goodman against the COM
pany, claiming $4,000 damages on account or her
death. The case has been on trial for Jour days.
The defence was that the death resulted nom
her own carelessness; that she ran In front
oil the car when under rapid Roadway,
and that the driver put down the brake and did
his utmost to prevent running upon her. novel
feature was calling for the plaintiff Leopold Grin
niger, who was introduced as an expert In the
matte r OF car brakes. He stated that he was
graduate Of the Federal Polytechnic School OF
Zurich and that he had made the subject OF car
brakes speciality. lnasmuch, however, as he had
not examined and tested tue brakes OF the car IN
question his testimony was stricken out. The
case, alter occupying four days, was yesterday
given to the jury. The latter. after being out sew
eral hours, were unable to agree, and were dis
charged.
Thomas F. wentworth and L. @. Ashley FOR plain.
tn and Mr.. Scribner Tor defendants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
SUPREME C0UaT-CHAM BERS.
Decisions,

BY Judge Barrett.
In the Matter, &C., Ketchum; Cameron vs.
Helm, &c. Hazard Vs. OmbersOn.- Memorandum
Taylor vs.. Fisk.-Report confirmed except as to
COSTS
granted.
Hames VS.. Hempstead.-Report Of referee con-
nrmed
In the Matter, &C., OF Opening 10th Street.-Mo.
ton granted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
COURT OF cokMoN pLEAs-spEcIAl TERM.
Decisions.

By Judge Robinson.
Schreyer vs. Scnreyer.-Motion for receiver de-
MED, with $40 costs, to abide the event.
HOyoKe vs.. Brown.-MOtion for change of attor.
ney, &C., granted.
Dev0e vs.. Mutres.-Motion denied.
BY Judge J. f. Daily.
Nagle vs.. Stagg.-Motion granted. (See
oplniOn.l
The Consolidated Fruit Jar Company vs.
Mason.-FIndings aud decree settled.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
COURT Of APPEALS CALENDAR.

ALBANY. Feb. Q, 1874.
The Court OF Appeals day calendar Tor February
9-Nos a. II, 9S, 751a, 81, 50, 100, 104.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
THE COURTS.
The Brazilian Navigation Company and
Its Affairs in Court.
AN IMPORTANT CASE.

Edwin Booth in Bankruptcy-A Much-Needed
Reform in Order Of Arrest Cases-A Railroad
City Company Sued for the Killing Of a
Whe-Manslaughte Case in the
Oyer and Terminer-Trials ara
Convictions in General Sessions.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
MARINE C0unI-PARI I.

Thomas F. wentworth and L. @. Ashley for plain
q and Mr.. Scribner Tor DEFENDANTS.
The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-04-18


The Baker Ci,y and El Dorado
wagon read has been thoroughly
improved. M VI
The district school house at
Baker City has been completed,
and is an ornament to the town.
That the poor Indian is becom-
ing civilized there can be no doubt.
One was caught stealth; ''hoss
feed" at Salem lately.
The farmers Of Eaker County
complain that the ducks and geese
are m destroying their grain, aid call
upon the sportsmen for aid. tea.
The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-04-18

II is rather singular that 'di1
anlonds, the most valuable Of all
mineral products, are bought and
sold by q measure based solely cD
usage. Carat weight is employed
for the purpose, but has never been
Iegalized in England or this
country, neither Is il governed BY
any standard. 1t is, however,
generally recognized that 153
diamond carats are equal to . troy
ounce. The fourth part Of the
diamond carat is called the carat
grain, and is found to be as nesrly
as possible equal to the average Of
4 dry wheat grain taken from tho
middle Of the ear, which, again, 10
identical with the Alexandrian grain
Of the Ptolemeys, four Of which
were equal to the Alexandria''
carat. ~ ''3 ''
The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-04-18
must stand mistaken by theologica
speculation. ll5 fThQ r.,
WORLD CHANGES.

must bt2n0 unSl4Aeu w tnYYao
speculatioD. ilI FfhQ 4.
WORLD CHANGES.
This world of ours is not .
complete ediiice.a Itiis hot finished
vet. The forces that have made it
what 1t isiare stilI at work making
it what it is yetto be. The winds
and rains, the heat and frosts are
doing their work to-day as when
the morning stars sang together.
The rivers bear down sediment 70
the sea; rocks crumble and are
worn away; the central fires work
ing through earthquakes and VOL
canoes are still active. Lands aTs
upheaved and depressed; new
islands are formed, new hills are
lifted above the floods, and world
making is as -tFnly going on 10
night as at any time in the history
| of the terrestrial universe. The
remorseless and inexorable forces Of
nature are at work night and day
building up Q new world out Of
materials Of which the old world ID
despoiled. a,
THE OCEAN,
Which covers two.tl,irds Of the
surface of the globe, is mighty
agent in terrestrial transformations.
1t assails the land and wears 10
away with an irresistible energy!
Its vast waves life great bowlderS
ofa toms weight as if they were
the marbles which are the play
things Of a child. The mighty
waves lift and move and hurl them
against the shore, which they batter
and tear and destroy. Cross the
ocean; 60 to Yorkshire; study the
coast and the wearing encroach-
ments ofthe waves. Ask the men
Of Yorkshire why they built their
great Abby SO near the sea-; and
they will tell you, "When it was
built it was miles inland" =
The ocean is still eating into the
land. 1t is still epcroaching. But
while pulling down on one side it
is building up on another at
ETERNAL CHANGE. &.ti /
There are great and populous
cities now where once the salt sea
waves rolled. And the blue bill
lows Of ocean rise aud fall over the
graves Of many a buried city. The
law of physical life, whether in
atoms or continents, in notes OF
worlds, is a law Of eternal change.
What is the Mississippi now doing J
1t is carrying down sediment to I'LL
up the Gulfof Mexico and annex
Cuba. What is the Amazon do
ing? It is carrying down to the sea
the debris of mountains. For two
hundred miles from its mouth it
discolors the ocean. It is laying
down new strata OF rock, 1t 10
doing its share towards making .
new world. The Nileis the mother
of Egypt. The rivers and the
oceans have a great mission. Adria
was a seaport in the time Of Angus
tus; the waves washed its teet
To-day, it is twenty miles inland,
Yet the destructive forces ofnaturs
have their checks and balances, 50
that upon q comprehensive view
we find in the whole scheme Q
certain beauty and harmony as in q
fine picture or noble poem. Dis
order is partial and tragmentary.
Order and harmony and beauty'dre
normal in the universe.
The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-04-18

Kate Field says Of isabella ~,
oe Spain, The scion of Vie led
Bourbon raCe, that "she i = e, !,
stout, ungaiply SernaA, WHO reeds
but i dozen children and D b.
tnb 70 be ! counterfeit psg es
Ofthe typical BadyA Aia'29ts21 u