davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
UNITED STATES SUPREME COURT.
WASHINGTON. Jan. q. 1874.

WASHINGTON, Jan. %, 1874
20a. The Dollar Savings Bank vs.. The United
States-Error to the Circuit Court for the Western
District OF Pennsylvana.-The question In this
case Is whether under the act Of 1866, repeating
portions of the act of 1864, the bank liable to be
taxed On it's contingent fund or undistrbuted
earnings, held for the security OF it's depositors.
The judgment below sustained the tax, and 1t is.
here urged on behalf Of the bank that in those
cases in which Congress did not intend to tax the
distributed earnings OF the bank they did not IN
tend to tax the undistrlbuted earnings; and
as 1t is expressly declared in the law that
sums paid to depostors in savings banks
are not to be deemed dividends within
the meaning OF that word in the law,
neither should the sums, which the bank has law.
July omitted to pay to its deposltors and has held
undistributed, not as an addition to its capital
stock such banks having no capital stock, but
only for the security OF its depOsOrs in the nture,
be deemed taxable as surplus. II is also urged
that an action of debt Will not lie for the recovery
OF the tax. The government maintains the con-
struction Of the act given below. b. K. Curtis for
plaintiff In error; Assistant Attorney General Hill
Tor government.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
UNITED STATES CIRCUIT COURT.
Before Judge Benedict.

Before Judge Benedict.
The Grand Jury is to be sworn in on Monday
next and the Court Will tinue It's sittngs until
the ooth instant, after which 1t will adjourn to the
second Wednesday of March, when the next term
commences.
Tie Judge called the calendar. No case was
ready for trial, and bench warrants were issued
for the arrest OF several defendants who did not
put III an appearance.
Pleading Guilty.
TWO boys named Kelly and OBrien, who had
been indicted for burglariously breaking into the
Post ONCE at Piermont and plundering and de-
stYoying quantity OF letters, BY advice Of their
counsel pleaded guilty and were remanded for
sentence.
The Ocean National Bank-The Case OF
Charles Calender.
The case OF Charles Calender was called. The
defendant is indicted for having in his capacity OF
Bank Examiner, accepted bride for the purpose
OF inducing him TO make favorable report Of the
AFFAIRS and condition OF the ocean National Bank,
when as 1t Is alleged, that establishment was. to
the know ledge OF the defendant, in railing con-
dition.
After some discussion between Mr.. william Full
lertOn counsel for the defendant and the District
Attorney, who appeared for the prosecution, 1t
was agreed that the case should stand over till
next term.
Alleged Counterfeiting-The Case or
Joshua ID. Minor.
Some conversation took place between Mr..
Purdy, United states Assistant District Attorney,
and Mr.. william Fullerton, the latter appearing
as counsel on behalf OF Joshua D. Minor, who is
now under ten or twelve indictments on charges
OF countereitng. 1t Will be remembers that
about two years ago Mr. Minor was tried before
Judge Benedict on charge OF counterieting, and,
after trial extending over several weeks the
jury pronounced hin not guilty. The government,
1t seems, propose 70 try Mr.. Minor again.
Mr.. Fullerton now claims, on behalf OF Mr.. Minor,
that all the indictments referred to are but repe-
t1tlons Of the charges contained in the indictment
on which his client was acquitted, and that, this
being 80, he cannot be again put In jeopardy for
the same offence.
A motion on this subject will be argued by Mr..
Fullerton on Thursday next.
The Court adjourned till Monday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
Before Justice Sherwood.

Before Justice Sherwood.
Mr.. D. RUM and Godfrey Reid used to be room
mates at No. 247 Seventh avenue. On the 18th
inst, Reid helped himself 10 $50. the property Of
RUM, and left New York and its whiriwind of joys
and folies for Newark. Thither he was followed by
the indignant owner Of the money, who collared
him and was about to administer salutary drub-
bing when the quaking Godfrey owned up to the
theft and agreed to accompany RUM to this city.
He kept his word and was yesterday arraigned be-
fore Justice Sherwood. where he pleaded guilty,
but promised to do so no more. He now occupies
q cell IN the city prison.
John weisenbacher was an employe OF Messrs.
Baldwin, Sexton h Peterson manufacturers OF
gold jewelry at No. Bond street. John availed
himself OF the opportunity thus presented Of help
ing himself 10 the filings and clippings In one
day he carried OFF sixteen pennyweiyhts OF gold OF
this description, and, to avoid detection for the
time being, put in its stead brass clippings. He
was arrested and Justice Sherwood placed hun in
durance vile where he Will probably remain until
the District Attorney is ready to dispose OF his
case IN the General Sessions Court
net maker, Of No. 344 West Seventeenth street, Is
one OF the best meaning individuals that ever
perambulated this mundane sphere, but somehow
or other he seems to nave a penchant Tor obtain
ing other peoples greenbacks IN way somewhat
irregular He is real nice fellow, however, and
1t is an awful pity he should have to contemplate
the mutibillty of earthly affairs through The grated
door OF an untdy and inconvenient CELL Never
theess this is just the predicament in which he is
placed and all because Mr.. Louis Nebng, of No.
Isl Prince street, was mean enough to protest
against being neeced of 800. Welarshausen got
MIR. NeDng t. cash q check on the GrOcers Bank,
signed by one e. S. Smith and drawn for an even
500. OF course II turned ont that Mr.. Smith was
not deposltor at the bank in question and never
had been. strange as IL may appear 1t Is never
theess true that Mr.. Nebling became violently
angry, and actually had poor Wellarshausen ar.
rested. While In the court room some half dozen
gentlemen appeared and made complaint against
the prisoner, each charging that they had been
victimized by the selisame check dodge.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
THE COUR rs.
Criminal Calendar-The Alleged Minor
Connterfei.ing Case-Further Post
ponement Of the Trial OF
Charles Calender.
Tweed, Genet and IngersOll Disbarred-
Conviction and Sentence of Masked
Burglars-Verdict Against
Ex-Sheriff Brennan.

me Order OF the Supreme Court, GEM
.rul Term, striking the Names of
Tweed, Genet and Ingersoll from the
Roll OF Attorneys.
In the supreme Court. General Term, the names
or william NJ Tweed. Henry W. Genet and James
H. Ingersoll were yesterday ordered 10 be stricken
from the roll OF attorneys. An order had been
previously granted for them to appear and show
cause-a rather grim Joke by the way, under the
circumstances-why their names should not be
stricken from the roll OF attorneys, and through
their failure TO appear and produce satisfactory
reasons to the contrary an order was made pro-
hibitnR them from further practice at the bar OF
tie Supreme Court OF this State. The following Is
the order in Tweed's case. the others being sim-
lar, except IN the names and specifications OF the
offences OF which they were colvicted:-
AT General Term OF the Supreme Court IN the
First Judicial Department held at the Court House,
In the city OF New YORK. ON the I'D day Of January,
1874 present Noah Davis presiding Justice Charles
Daniels and Charles Donohue, Justices; IN the
SellOr OF this Court
Upon reading and fling order to show cause
herein made on the 9th OF January inst, requiring
the said William n. Tweed TO show cause before
this Court at a General Term thereof, on the third
Monday OF January, 1874, why his name should not
be stricken from the roll OF attorneys and counsel
ors this Court Tor tae reasons set forth therein
and upon also reading and fil,nS due proof OF the
the 9Th day OF January, ls74 and tine hearing of
the said order having been duly adjourned by this
Court from the third Monday in January until this
22d day Of January, and no one appearing on
the part OF the said William NJ. Tweed
TO show cause, pursuant to the said order;
now, therefore, 1t IS ordered ana ad
judged. in consideration OF the premises, that
the said William NJ. Tweed was on the 10Th day OF
November 1878, at the Court of oyer and Terminer
IN and Tor the city and county OF New York, be-
fore the hon. Noah Davis, Justice OF the Supreme
Court and Oyer and Termtner, duly convicted OF
divers misdemeanors; and that, thereafter, on the
ed day Of November, IN the year aforesaid, judy
ments were given in the said Court OF Oyer and
Terminer, that the said William NJ. Tweed, Tor the
misdemeeaors Aforesaid. should be imprisoned In
the Penitentiary OF the city New YORK. for divers
terms OF imprisonment, and IN addition should pay
divers Zines and stand committed until the same
be paid; and it Is further ordered that the said
said, be and he Is hereby removed from office
an attorney and counsellor of the supreme Court
OF the STATE OF New York; and the Clerk OF the
Supreme Court for the county OF New York. is
hereby directed to strike the name OF the said
William M. Tweed from the roll OF attorneys ana
counseilors OF the state Of New YORK.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
COURT Or SESSIONS.
Pistol Practice in the Street.

Before Judge Moore.
Edward Fagan . notorious rough, was placed at
the Bar for an assault and battery with intent to
do bodily harm. The complaining witness was
Ross B. VERIFY, young man Of respectable ap-
pearance, who resides in Herkimer street. on the
night of the 10th inst, while in Fulton avenue,
near Hanover place. the prisoner approached,
him. The bullet lodged in Yerby's clothing, with
out njuring him. Pagan attempted to escape. but
was Overnaued by Of1icer Van Wicklin, OF the
Washington street police station.
fhe prisoner yesterday pleaded guilty and was
sentenced to the Penitentiaiy Tor four years and
six months. He had been there before
A Bold Robbery.
James Smith, colored was tried for stealing
watch from the store OF william A. Campbell, at
No. 900 L '.,adway E. D. The prisoner thrust his
seized three valuable Watches two OF which, how
ever, dropped on the sidewalk as he ran or and
were recovered. He was subsequently arrested.
and the third watch was found at pawn shop,
In his possession. Smiths story was that his
brother had given MIN the ticket The jury did not
believe this story and found him guilty. Judge
Moore sent him to the Penitentiary Tor three years
and six months
Michael Farrell and Joseph Flynn were tried for
attempting to pass forged check for 1920 at the
First National Bank. The name Of Peter Deap
was signed to the check. Mr.. Delap, ST., is a de-
postor at the bank. The defence showed that
Mr.. Delap's son was indebted to Flynn and gave
the prisoners the check, which they presented. not
knowing that IL was forgery. The check ex-
ceeded the debt, but young Delap requested Flynn
to return him the balance after deduchng the
amount OF the Indebtedness. 1t also appeared that
Delap, Jr., had served 9 term in the Penllenttary
for rObbing his father. This he denied on the pre-
the TACT that that very Justice committed him.
Farrell and Flynn we're acquitted.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
y0Hgvl LIE POLICE COURT.
Before Justice Murray.

Henry Brown, OF Magnolia street, Jersey City
Heights, came TO this city on Thursday night and
imblbed a little more alcohol than was good for mis-
constitutlon-n fact ne became so totally uncOn-
scious OF things material as to lay down on the
sidewalk of an uptown street, where he went to
sleep. In this condition an oficer OF the Twenty.
second precinct found him and conveyed him to
the station house. Yesterday morning he discOv-
cred that he had lost his gold watch and chain,
valued at $40, Tor which he, OF course, blamed
addition to serve term OF ten days, in default OF
$40 fine by Justice Murray, his disgust was unlim-
tied.
Another Victim.
Similar to the foregoing, almost, was the case OF
Arthur OConnor OF No. 500 East Nine eenth street.
He got "three sheets in the wind" on Thursday
night, and while being conveyed to his "domlcie
the deepest friendship Tor him, he was robbed OF
his watch, as he alleges, by one OF them named
Hugh Little: The accused was committed tor trial
in default Of $1,000 ball.
Other Cases.
Nicholas Brusias, or No. AL First avenue, was
held for trial on the complaint OF Onlcer McLaugh-
lin, OF the Eighteenth precinct, for keeping a
policy shop. He denied the charge.
Ellen Moran, OF No. 9o2 Eighth avenue had row
with her husbands first cousin, Ruth Dunchon,
who struck her on the forehead with a potato
masner and caused a dangerous wound. Ruth was
committed for trial.
Elizabeth ONel OF No. AIS East seventy fourth
street, charged Peter Flynn, neighbours son, with
the larceny OF goose which had laid eggs for her
tor over two years. She also knew the goose to be
hers from Its general appearance. The mother OF
the accused admitted that the boy took the goose
from Mrs. O'Neil's yard by her orders. She knew
IL was hers because when she ordered the
''TrOop"-that was the gOoses name-'to get out
and 20 home 1t did So" She could not tell exactly
whether 1t was goose or a gander, for 1t had not
been long enough In her possession; but she had q
private mark on 1t OF which she could not be- MIS-
taken. The case was dismissed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
Reform, by bennington, out Of Stolen


REFORM, Dy Leamington, ou' VI o'oio"
In addition to the sums booked on the above
stakes, the following side bets were onered ana
Grnstead against Battle Axe, even, $500.
Sue Washington colt against Battle Axe, even,
Beatrice against Battle Axe, even, 800.
Grinstead against any in the field, barring Ru-
theriord for the Belmont, at 81. 900 10 $780,.
L. Johnson, OF Twenty-eighth street ana Broad
way: announces that ne also has opened books on
the withers and Belmont Stakes
death at Mil Spring, Is owned at present by citl-
zen OF Warren county, Ky.
Wells, of Lodi Wisconsin. aied on the 9TH inst Of
Inflammation OF the lungs. He was valued at
The race horse War whoop by War Dance, dam
Victoire by imported Margrave, died at Wood
stock, Canada, on the 18th inst, OF Inflammation OF
The Nashville Blood Association has opened
three stakes, to be run for at the ensuing spring
meeting. These are the Johnson stake, for oil
quarter; the Link Hotel Stake, Tor maiden three
year-olds that have never run in 1873, S25. play
House Stake for three year-olds, $50 entrance half
forfeit the Maxwell House to add $780, two miles.
crns,caa morse snerrod ioaed in 1s5 bred BY
Picayune. by Medoc, died at Auburn, Me-, on the
Mr.. p. Lorillard has added strength to his racing
stable py the purchase OF the fine three year Old
my Lefola by Lexington, dam Capitola, by Van.
a5@ the ae two year ora @ y
Creole Dance, BalIinkee, &c.) by imported Albion.
Mr.. Lorillard also purchased OF ]. Wallace Harper
the chestnut mare Bette Washington, by LeXing.
ton, dam sue Washington by Revenue, for $500.
Bette washington was foaled in 1868, and is in
f0al by L0ngfellOw.
The brown mare Mozelle. by Asteroid, dam Lulu
Horton. by imported Albion foaled the first get of
Longlclow, at the stable Of I. J. Montague, Lex
ington, KY, January L. The foal Is marked much
IKE her sire, 10 large and has plenty OF bone and
substance.
NJ. b. Gratz, OF woodford county, Kv has sold to
r..
(own sister to Silent Friend, by imported Aus
trallan, dam SprtngbrOOk, by Lexington.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
INTERESTING LIBEL CASE.
John F. Chamberlin's Complaint Against
George Wlkes-The Plaintiffs Ex-
amin q tion Not Yet Finished.

George Wilkes-The Plaintiffs Ex.
animation Not Yet Finished.
The examination in the complaint OF John r.
Chamberlln, charging George Wilkes with libel
was continued yesterday afternoon before Justice
Otterbourg, at the Court of Special Sessions. The
principals in the case with their counsel-ex.
Judge Fullerton for the complainant and Samuel
G. Courtney and Mr.. DttcnhoeHer for the de.
fendant-were promptly on hand, and few out
sders occupied the seats set apart for specta.
tors. Upon Mr.. Chamberlin being called
to take the witness chair MIR. Courtney
opened the examination by asking him
If he knew certain person during his residence in
st. Louis, which question being objected to by Mr.
Fullerton there ensuod long arguments on both
Sides Mr.. Courtney, for the defendant claimed
the admissibility OF the question, and reiterated
his comments made at the first session Of the case
which tended to mpeach the reputation aud cred.
ibility Of the witness. He wished to Justify the
charges made by his client, and prove that the
complainant according to views OF COUNSEL had
been guilty of dishonest practices in New York as
In st. Louis, and could not be believed.
Mr.. Fullerton, in replying, stated that the 0bser.
walton OF MIR. Courtney had before been used and
that the Justice had more than twenty times ruled
taken the responsibility Of making specific Charges
he must answer them in a specific manner. The
inquiry OF Defendants counsel was legitimate, 1t
was waste OF time and trifling with the admins
tratiOn OF jnstice.
The Justice ruled that the objectoa was sus-
tanned, and that the counsel must con1ne himself
TO questions material TO the allegation
Mr.. Courtney protested against the ruling, but
finally asked the witness what business he went
into when he came to New York. The question
was ultimately admitted, but witness declined to
answer by advice OF his counsel. Mr.. Courtney
pressed his question, asking why tho witness de-
clined to answer, when the Justice finally directed
hum to do So Mr. Fullerton sad, 1T might sub
ject him to an Indictment" which language was
reiterated by the witness.
Mr.. Courtney then put series OF questions tend
ing TO elicit that the plaintiff had been engaged in
following avOcatiOns IN New York which he IcOun-
seb claimed were contrary TO law; out there were
further answers by witness, under advice of
counsel, than that already given above. Then
ensued further argument by Mr.. Courtney object
ing to the ruling OF the Court, which made the
character OF such answers final and used marsh lam
guage In commenting thereon. Mr.. Fullerton said
that the answer was In every sense proper and
further controversy upon the point with him was
at an end.
Justice Otterbourg at this stage OF the proceed
ings adjourned the examination, to look up the law
bearing upon the matter, TO Monday, February 2.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
CITY AND COUNTY TREASURY,
comptroller Green reports the following disburse.
COCK FIGHTING,

Of this species of sport the st. Louis Globe Of
the 10th instant, say
Cock fighting seems to have undergone O re.
v1vai, II the word may be used. In the proposed
pr0Iubitlon OF sparring exhibitions and prize
nenis tne sporting community turns for relief to
of these COCK lighting stands first. During last
wiuter comoats were carried weekly IN the
heart OF the city, under the sanction OF the Chef
OF POnce, BUT however. were broken up late In the
spring. Even IN the present winter the sport was
resumed, and has been carried on at greater or
lesser intervals throughout the season. me 81.
Louis sports seem to nave developed the Idea that
the Future Great CITY OF the World" breeds game
cocks that are invincibie, and with THIS idea IN
view have fought gamecOcks In all portions Oh the
country with varying success .
Georgetown and st. Louis fought main on the
18th instant, which was won oy the pirds from tne
former place.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
COURT Qf OYER AND IERMINeR

The Last OF Barney williams Burglnrs-
The Proprietor of the Masked Burglars
Rendezvous.
Before Judge Brady.
David Logan, one of the burglarious raiders on
the residence OF Barney Williams, in Second ave-
nue. was yesterday arraigned in this Court. There
were two Of them, but fortunately they were cap
tured before getting away with their booty. James
Hines the elder ofthe two pleaded guilty the other
day and was sent to state Prison for two years
and half. In consideration OF the youth OF Logan
and kind word put in on his behalf by Barney"
Judge Brady gave him the benefit OF q year less
prison life, and sentenced him only eighteen
months to State Prison.
The applicat on to reduce the bail OF George II.
johnson, In whose basement saloon sixth ave.
nue. gang OF masked burglars was recently ar
rested, was denied by Judge Brady.
There being no further business, the Court ad-
i0urned till Monday morning
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
SUpseSs ceyaT-CIaCUIT.
Death ON the Rail.
Before Judge Pratt.

On the night OF the LIST OF November, 1872 Peter
Paysey, young colorsa His3, was Killed by To-
connective on the New Haven Railroad, at New Ro-
chelle. Yesterday his father brought suit against
the company to recover 5000. The plaintiff al
leged That his son was getting on train whS1 ne
was struck by the locomotive OF a train proceed.
ing IN the opposite direction, There was neither
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
A City Steam Railway,

To THE EDITOR OF THE HERALp:-
To relieve the pressing need for more rapid
transit 1t is proposed to construct this elevated
railway In the broad avenues of our city. This
system comprises continuous bridge resting upon
posts, the whole built OF iron, in the strongest
manner, with ample strength for the severest ser
vice to which 1t may be subjected by stcam-driven
trains at high speed. The sides of the bridge,
which screen the passing trains from horses In the
street, afford the requisite height for framed
Orders OF great length, obviating the necessity OF
placing the posts more frequently than one in 05
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
An Admirer of a 'sHigh Ride"


In answer to your editorial OF the Goth, on
rapid transit, l recommend the extension OF the
Elevated Railroad that runs from the Battery to
Thir;y-fourth street, on Greenwich street, to be
extended In straight line to Harlem, thence
across Harlem to the Second avenue, thence down
Second avenue and to terminate at Wall street or
even further down--say Broad street. Persons on
either side of New York, between the Battery and
Harlem, can reach any point on the line In very
kind. and more delightful road to ride on cannot
be found in this country. can enlarge on the ad-
publication. l never rode on the above road but
once but would be glad to ride on 1t II il were
on this side OF the city Tor convenience as well as
rapid conveyance. Yours respectfully,
JOSIAH M. WHITNEY,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24
BROOKLYN COURTS.
UNITED STATES COMMISSIONERS COURT.

Before COMMISSIONS Winslow.

Deputy Marshal Wright was recently placed In
charge of the establishment OF George HYDE a
SedQwick street boxmaker against whom war
rant In bankruptcy had been issued. The alcga-
ton Is that Hyde's b0Okkeeper, one Treadbury, In
terIered with Wright and ordered the removal OF
goods rom the premises. The result was that Mr..
Treadbury was yesterday arraigned before the
Commissioner and held to ball Ia the sum Of }1,500.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24

longed went down during the "Black Friday IN
pleasantness, and the Judgment under which this
execution was issued grew out OF some OF his part
nership transactions. He at that time occupied
furnished At cost OF over $4,000. The defence
sought TO establish. by various circumstances,
among others by the husbands testimony on
supplementary proceedings, in which he stated
that he owned the FURNITURE" In the house, that
the mirror In question was really ms properly
The jury rendered verdict in plaintiffs favor for
SlS5. II