davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
SUITS AGAINST THE CITY.

Street Repairs Under the Tweed
Regtme-A City Hall Cleaner and a
City Surveyor Get Their Money-Sala-
rics as Raised by the Supervisors.
Suits against the city are about as plen ttful as
leaves In Vallambrosa. Both circuit branches Of
the Supreme Court, presided over respectively by
Judges Van Brunt and Van Worst, were occupied
all day yesterday with this class of cases.
The most important case tried, which came be-
fore Judge Van Brunt, was that in which John B.
Leverich sought to obtain $3l, 600 OF the city's
money for work done and material furnished in
repairing various streets Of the city during July
and August, 1871. The Job was given to him by
William NJ Tweed, who was then Commissioner Of
Public Works. Mr.. Strahan, his counsel, strove
tie point raised in opposi,on By S Ssss na.
Dean and Foster. the Assistant Corpora
ton Counsel, that, as over $1,000 expendi-
have been advertised for the contract was nun
and vOid. and on which point a motion was made
obstacle to It's success. In otner words, Mr. Leve-
rich was nol.suited. and II he ever gets his money
viii have to accomplish this result by resort to
more defenslble legal tactics.
rs. THOMAS PEARSON,
whose case also came before Judge Van Brunt, met
Dunlap, quondam cleaner OF the City Hall. The
suit was for Jour months pay during the year 1862
not e eR s yerc Sas oas
Tor 941S, being the iull amount claimed, with In
terest.
49, WILLIAM Y. SMITH
brought suit befOre Judge Van Worst to recover
1851 for services IN 1873 as City Surveyor. The
defence raised was that the assessments had not
been verified, and therefore, that tine plaintiff was
not enJitled to be paid. A different view was
taken BY the jury and verdict was given for the
The concluding case, which was heard before
Judge Van Worst without q jury, the questions
involved being only questions OF law, was that OF
Antn0ny Elck0n, interpreter or the Courts. The
Board OF Supervisors raised his salary to 81 500,
but Comptroller Green would only pay him 81 500.
He sues for the difference. The point turns upon
which the salary was raised, one side claiming
tnat the Board acted legally, and the other that
their action was illegal There was quite q lengthy
argument, at the close OF which Judge Van Worst
took the papers. 80
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18

stealing COW worth $45 and the other with steal
ing dog worth $780, demanded for sentence.
William Mansell, carrying concealed weapons-a
billy or sungshot-peaded not guilty. Trial on
Wednesday.
William Feeny pleaded guilty TO larceny from the
person, and was remanded for sentence.
Trial on Wednesday
Charles Clark, fifteen years old, and Robert MUIR
pny, Twelve years old. charged with grand larceny.
Judge Moore said he would not take . plea from the
younger boy and sent for his father TO see II the
boy could not be properly trained. The other boy,
pleading guilty. was sent to the House OF Refuge.
joan W. Cruzer pleaded guilty TO two indict-
sentence.
Thomas G. Dunn two indictments for forgery.
Pleaded not guilty. Trial on Thursday
samuel Francis, colored, pleaded guilty to bur-
glary In the third degree. Remanded for SEN
tence.
John Ftzsmmons, twelve years old, charged
on two indictments with grand larceny. The boy
being an orphan and homeless, Judge Moore said
he would try to have him admitted to some asy-
lum
Thomas Mcdonald and Matthew Brennan
pleaded guilty TO petit larceny. Remanded Tor
Richard Williams, one indictment for false pre-
fences two for petit larceny, one for grand lar
ceny and one for larceny from the person, pleaded
not guilty TO all Trial on Tuesday.
william II. jackson, colOred, assault with intent
to XIII, pleaded not guilty. Trial on Tuesday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
BROOKLYN COURTS.
OYER AND TERMINER.

The Lowndes Wife Murder-The Prise
oner Sentenced to the State Prison for
Life.
Before Judge Pratt and Associate Justices voor-
hees and Johnson
After the opening OF the court yesterday morn.
ing Mr.. Gleason continued his summing up on be-
half OF the prisoner. Thomas Lowndes claiming
that he was insane when the deed was committed.
District Attorney winslow followed in q speech
for the prosecution contending that the attempt
TO prove insanity had entirely failed. He thought
the only serious question was as to whether the
case was one OF murder in the first or second
In charging the Jury Judge Pratt said that II they
found that the prisoner was insane at the time
OF the commission OF the crime he was entitled to
an acquirtal; but II they found that he was not
they must determine under what degree the
crime came. Judge Pratt defined the different
degrees Of murder and homicide, and the jury re-
tired vaE
rendered q verdict convictinG the prisoner OF MUIR
der In the second degree.
for sentence.
Lowndes, who did not appear to be at all anected
by the verdict, was then arraigned at the bar.
Judge Pratt In passing sentence said that the jury
had been lenient and that, IN his opinion, II the
verdict had been for murder In the first degree 1t
would have been sustained. The sentence OF the
Court was Imprisonment Tor life In the State Prison
At sing Sing. Lowndes remained apparently indif-
ferent, and was remanded to the custody OF the
sheriff, who win take him to Sing Sing at once.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18

Of the decree rendered BY Judge Blatchiord In the
District Court, confirming the transfer Of easenOld
property in Fifth avenue made by Mr.. Place to his
wife Is reversed: that part OF the decree which de-
ciares void the mortgage made by Mr.. and Mrs.
Place to ,. s. Barker Is affirmed; the part OF the
decree rendering as void the mortgage TO Mr..
Phipps is reversed; that part or the decree which
declares that Barnard and Cullen had no interest
in the property referred to In the bill and also the
part Of the decree Diminishing the bill with regard
TO them, Is afnrmed. That part OF the decree
which adjudged the title OF Mrs Place to prop
erty situated n Forty street to be fraudulent
and void, Ii afnrmed by Judge Hunt. In conclusion
Judge Hunt declares that part OF the decree which
adjudged the plaintiff ~ entitled to recover from
the executors OF MRS. Sparkman the value OF some
government securities sold by them, Is afnrmed.
In the matter OF Frank r. Newland, bankrupt,
Judge Hunt afrms the order of the District Court,
entered on the 10th OF January, 1874.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
SHIP OWNERS AND DAMAGE T(
FREIGHT.


Nelson vs.. Gostleing.-This was suit brought
up in the Marine Court, Part q before Judge
Gross. The plaintiff with Others are the owners OF
the ship Missouri engaged In the carrying trade be-
tween this port and the port OF London, England.
The defendant is a commission merchant. To the
latter was consigned by the Missouri a cargo OF
chalk, sold by him according to the custom Of the
trade-"on arrival.n The action was brought to
recover the value OF seven tons OF the chalk in
question and cost OF freightage therefor, the de-
PENDANT refusing to pay either, because IS alleged,
delivery, and as to freightage OF course, In that
case none was due upon It the plantins, in sup
taken on Board Sy lighters that the sams
weighed" that ali other cargo being
dtcated that more than the invoiced 405 tons OF
chalk had been put on board, and that c0nse-
s az to the en- sns seven tons rs
The captain swore TO unexceptionably severe
weather for several days OF the voyage, and any
damage to the cargo arising thereirOm counsel
claimed, and counsel on the other side admitted,
could not enter into the merits OF the case. The
point at issue was the manner OF the slowing.
The chalk was slowed upon quantity OF railroad
ir0n laid very close together, making level n0Or
ing. Several master mariners and Mr.. Hender-
son, for many years clerk TO Grlnnell Minturn,
testified that there was no better or safer way OF
slowing chalk than on iron rails braced together
so as to make a level bed. On the other hand the
iron rusted the chalk and caused all the injury The
defendant having sold ION arrival" the purchaser
claimed that he was seven tons short and claimed
q reduction on the invoice therefor, which de-
fendant granted, and for which he, in turn,
claimed from the plaintiff. The latter would make
no allowance, and the defendant stood upon his
supposed rights and hence the action to recover
from defendant $205, the value OF the seven
tons OF chalk ana freight thereon. Judge Gross
having charged the jury upon the evidence and
the law, a verdict was returned in favor or the
defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
.Molly" Burns Inf1uer
COURT oALENDARs-THIs DAY.

SUPREME CoURT-CHAMBERs-Hed by Judge
WestDrOOk-N05. l. 16, 81 GA, SO, a. 81, 92 90, 107
10 III 10 i2 12s, 1871 1885, LAT, 49, l4s, 1856 1S7,
SUPREME CoURT-SPECIAL TERM-Held by Judge
Donohue-Court opens at halfpast ten A. M.-De-
murrers Nos. 4, lS, IS, 49, Issues oflaw and fact
2o2, 2o4, 2os. aio, 2i4, 2i5 2ls, 2ls alS, 22i'
"a 1926 II, 15 80. 81 49, 50, LA, l46 1885, le6. ITO.
Ill
SUPREME CoURr-OIRcurr- 2-Held by Judge
Van Brunt.-Nos. 3l24 1902 1852, 1872, 1922 1920,
1878 lisa 80 1873 1919, 1856, 1885, $780, l74s. 1s4s
1920, 1884, 1884, $685. Part s-Held by Judge Van
eesh, 2s45 2a5lh, 1921. $751; 3elS, 1O4l 1863, l67l
I'll, 292, 300, 1887.
SUPERIOR CoUkr-TRIAL TzRM-Part Held by
Judge Freedman.-Nos. 1763 oil, 3l7 237, 419, 1885,
by Judge Monell.-Nos. SIS, 924 1894 s42, esq., 1O6s
1922, 1880, 476, S52 $50, 1912, 1870
COMMON PLEAs-TRIAL TERM-Part Held by
20SO, 1925, 404S, 1850, 4237 4O9S, Alb, 4275 344
1906, 24l7, 377O 1890, 1898, $685. 1912 1853. 4l0,
1914, 2477. 1924. 1885, 4o5i Part 2-Held by Judge
1881, 257o, 2571 1926, 27s9, 2O92 4276, 4270 1876
~, 1915, 1925. 4208. 1926, 26O5.
MARINE CoURT-TRIAL TERM-Part Held BY
Judge McAdam.-Nos. $3.50, $780, 5437, 5104, 5091,
554s, 55l3 5455, $3.50, l465 1899, $780, 44Oe 469e,
1901, 5494, 5495, 6496, $685. Part 2-Held by Judge
Gross-Nos. 5is5, 4s7l, S0s7, 2lse, 1905 2s14. 2o9
3-Held by Judge Spaulding.-Nos. 1923, SOFT, 1851,
1855, $685. 5493, 1l20, 1894 5514, 4791 53sS, 434,
1921, 1852 $751; s1o5, 4oss s $780, 54s4, 54sl o.
The People vs. Frans Pospischil, rape; Same VS..
Oliver White, felonious assault and battery; same
terry Same vs.. Henry Rowland, burglary; same
vs. Charles Connolly, burglary Same vs. Joseph
M. Murphy, grand larceny; Same vs.: Joseph Cook,
larceny; same VS.. Michael Feeney, grand larceny
Same va. John Green, John Taylor and John Clark.
grand larceny; Same VS.. John Cummings, grand
larceny; Same VS.. James Kelly, larceny from the
person.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
BUSINESS IN THE OTHER COURTS.
UNITED STATES CIRCUIT COURT.
Decisions.
By Judge Ward Hunt.


During the short session OF the above-named
Court, recently held here by Judge Ward Hunt,
several causes on appeal were argued before him,
ana yesterday he fled his decisions, as follows, In
the cases stated below
In the matter OF the Stuyvesant Bank, bank.
rupt, and In the matter OF the Sixpenny sayings
Bank, creditor and petitioner, vs. John II. Platt,
assignee In bankruptcy OF the Stuyv esant Bank,
Judge Hunt afllrms the order OF the District Court,
entered in January, 1874, from which the appeal
was taken.
In the matter OF John Sedgwick, as special re-
ceiver, against John q. PEBBLE and the United
States Trust Company, as executors OF the estate
OF Mary A. Sparkman and Others, the decree which
declared the transfer by James D. sparkman to his
wife OF real estate, situate In Fortysecond street,
and OF government bonds amounting to the sum
$4,000 to be void and fraudulent; and further,
that the title OF Mr.. PEBBLE to certain bonds and
mortgages and his right to collect the amounts
therein stated belongs to the plaintiff, is afirmed
by the Court
In the matter OF the stuyvesant Bank, a bank
rupt and In the matter OF the New York Savings
Bank VS.. John II. Platt the assignee In bankruptcy
OF that establishment, Judge Hunt anrms the
order OF the District Court
In the case Of John Sedgwick. assignee In bank.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
FOURTH OF JULY CELEBRATION.

In the beginning Of this month the Common
Council passed an ordinance providing for the
appointment OF joint committee from both Boards
to make arrangements for the proper celebration
OF the ninety-eighth anniversary Of Independence
Day, to cooperate with the Park Commissioners
and to request The Board OF Estimate and Appor-
tionment to appropriate for that purpose $500
Ten days having passed since the enactment, and
the Mayor having Jailed to sign the ordinance, it
now becomes q law. Whether the Board or Esti-
mate and Apportionment win make the requested
appropriation Is only q moOted question. Ten
thousand dollars has already been set aside for
this object, to be expended by the Park Commits
sion but as this amount will not suffice Tor the
city and newly-annexed wards the additional
81. 600 is asked tor.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
COURT DoGBERRYs.
POlice Court Clerks Erudition-How
Criminals Escape.


Criminals Escape.
the carelessness and the positive ignorance OF
clerks attached to the police courts and the sharp.
ness OF counsel in turning such political recon-
mendations to once TO grave account are often
illustrated in the courts; but very rarely is such
striking example OF this character presented as in
case brought to the attention OF Judge West
brook, presiding In Supreme Court, Chambers yes
terday. Lena Leslie q few days since, was COM
united by Judge Flammer for six months to the
WOrkhouse on Blackwell's Island for dsorderly
conduct She was brought into Court yesterday
morning on a writ Of habeas corpus. The prison.
ers counsels analysis OF the commitment was as
amusing as 1t was effective The commitment
read that the accused was Ito ind $40 or stand
committed lor the term OF six months, until she
find such penalty instead OF ito be fined" and
''untl such fine be paid" mistake as inexcus-
able, though not quite as ridiculous, was shown in
the directions to the warden. On the basis OF
these mistakes the discharge Of the prisoner was
asked.
"a most absurd commitment said Judge West
brook, in very quiet way, but In q tone show
ing his manifest disgust at such o 10 phole of
escape; and then ne added, "Your application Is
Gr0nted.u "#.4.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
GENERAL SESSIONS.
Larceny OF Money.
pa1Oro Recordar Hackatt

Larceny OF Money.
Before Recorder Hackett.
Yesterday in this Court John Putz pleaded guilty
to an attempt at grand larceny, the allegation
against him being that on the I'd OF this month he
stole $50 from Henry kopers. He was sent to the
State Prison for two years and six months.
Alleged Burglary-Disagrcem OF the
Jury.
Richard Meter, q youth, was tried upon an In
dictment charging him with breaking into the
shooting gallery OF James s. Conlin No. $50 Broad
way, on the 31st Of May No property was taken.
The accused showed that he was drunk at the
time. Proved by hts employer, whose place OF
business s near the COMPLIMENTS, that he was In
dustriOus and honest and that he supposed he was
entering hts employers premises The jury failed
to agree upon verdict.
Acquittals.
Morris L. Teichner was tried upon q charge OF
stealing $50 worth OF jewery from the apartme nts
OF Henrietta Levy No. 1876 Stanton street; but the
evidence OF guilt was not strong enough to induce
the Jury to render verdict OF guilty, and, after
considerable elaboration, they gave the benefit
OF the doubt to the accused and acquitted him.
Emeline Smith Ia cOlored w0man) was also
found not guilty OF stealing Q gold watch from
trunk belonging to Nancy Tuthfll.
There were number Of cases on the calendar
which were postponed in consequence OF the alb
sence OF witnesses.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
ToMBs POLICE COURT.
Attempt to Pass q Forged Check.
nnfnpo Vu<lsvo No uAolI


Before Judge Wandell.
William M. We'll, broker doing business at No.
SIS Broadway and Fernando Ross alias william
Taylor, OF No. 20 West Broadway, were yesterday
arrested BY detectives Farley and Simpson or the
Central once, on charge OF attempting to pass
forged check for $500 upon James Grant, OF No. 2
Exchange court. We'll, who was the first arrested,
stated that he received the check from Ross and
the latter who has an interest In q faro game at
the above number, alleges that ne received II from
An unknown gentleman who had lost at his gam
bling table. The check was first presented on Fri
day last by cOlored man and refused payment,
and next day was offered BY Veal Mr.. Grant took
the cheek and said he would see about it.
He went to George H. Broadhead, President
OF the Stock Exchange, VINO notified Detective
Sampson that Wen was waiting for the money in
Grants once. Upon going there Well had gone
away and left note saying:-T am gong to the
races and will call on Monday" He did not keep
his word and the astute detectives that evening
arrested Dotn We'll and Ross: they were taken be-
fore Justice Wandell yesterday.
The Court discharged We'll and held Taylor to
answer.
Counsellor Howe asked for an examination for
Taylor.
Youthful Delinquent.
Justice Wandel's heart was sadly troubled yester-
day wnen little girl Of tender years was brought
before him tor being intoxicated. After brieny
commenting on the singuartty Of the case and the
evil OF bad parental example His Honor committed
the young delinquent to the Protectory.
Both the parents OF the child are given to drink
ing
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
MARINE O0URT-PART l.
Verdict In Favor OF . Railroad Com
pany.

-
pany.
Before Judge McAdam.
The Dry Dock and East Broadway Railroad Com
pany vs. Ruppert-On the morning Of the s1st OF
January last OF the cars OF the plaintiff came in
contact with large beer wagon Of defendants,
drawn BY four horses and carrying about sixty
EGGS Of lager, at the crossing Of East Broadway
and Market street. The consequences were the
breaking OF the car pole and the killing or one Of
the horses by the broken pole. This action Is
brought for the value Of the horse, his treatment
for some days after the injury and damage to the
car, in all $242 On plaintiffs part 1t was testified
by the driver, conductor and several passengers
that the beer wagon was being driven at very
rapid rate down the incline, and that the car was
stopped IN the shortest possible space; while the
drivers OF the wagon claimed that they were on o
walk, had got their front horses across the track
before the car was seen. and were unable to pre-.
vent the collision The evidence was concluded at
ten A. M, and the case submitted TO the jury with
out summing up, upon the charge OF the Court,
who rendered verdict In favor OF the plain t1lfS
without leaving their seats.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
Alleged Attempted Burglary.
Refore JudUe Smith

Alleged Attempted Burglary.
Before Judge Smith.
Oficer Morrell, of the Twenty-second precinct,
preferred q charge OF attempted burglary against
Edward Kearney, young man OF respectable APP
pearance, whom he found at an early hour on
Wednesday morning on the fourth landing OF the
premises southeast corner OF Fortydlth street and
Eighth avenue. He saw him climb over the fence
In the rear or the house, and. suspecting his In
tenti0n to be that OF robbery followed him into
the house and arrested HIM. The inmates said
failed to give satisfactory account or his pres
ence In the building. On being searched some
tools usually used by burglars were found in his
possession, but they are also used by behangers,
which IS his trade. He was held for examination.
He Ia respectfully connected and heretofore
him.
"Molly'' Burns influence.
This is the name by which is best known woman
who has for number OF years been oscillating be-
tween this Court and the Island, account of her
Unsuitable desire for liquor. ON the geo OF May she
was arralgned before Judge Smith, who sent her
up for six months, more for the outrageous
manner in which she abused His Honor
In open court than for intoxication. She was
brought up again yesterday. Judge Smith was
naturally surprised and wished to know how she
had got out before her time was up. She said that
the Commissioners OF Charities and Correction
had discharged her, as well as Others because OF
the overcrowded condition Of the Workhouse.
ut seems" said the Court, that it is useless to
send you for longer period than ten days. as you
can get on at The termination OF that time. so
shall commit you again Tor that period"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
JEFFERSON MARKET.
Costelli's Chastisement.
Before Judge Murray.

Joseph Costeln, proprietor OF saloon on Sixth
avenue, made an application to Judge Murray
yesterday Tor warrant to arrest man named
Mark Hedwig. Heldwtg is one OF the employees in
Barnum's Hippodrome, and was in company with
two other men, In complainant's saloon, on
wednesday night. 1t ls charged by Co.'S
tell that Heldwig ordered drtnKs, which
ne refused TO pay for, and on
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
COMMON PLEAs-sPECIAL TERM.
Decisions.

Decisions.
BY Judge Loew.
Noe ct al vs. SChaus.-See memorandum.
Coombie vs.. Cantrell.- OF facts to be tried
by jury. Settled
Remge Remge.-Judgment denied, on the
ground tnat the piainiT Is not an actual inhaDtant
OF this State.
BY Judge J. r. Daily.
Fora VS.. The Mayor, &c, OF New Y0rk.-Demurrer
Overruled. see opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
ESSEX MARKET.
Before Judge Bixby.

Walter Silver was caught in the act OF carry
ing away quantity OF clothing on Tuesday after
noon from No. 141 East Broadway by Mrs. Lena
Haimer Silver was arrested by one OF the OH
GERS OF the Seventh precinct, and was arraigned
before Judge Bixby yesterday. He was held In
900 bail to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
Suits Against the City---Street Repairs
Under the Tweed Regime.
Court DOgberrys How
Criminals Escape.
Liabilities of Shipowners for
Damage to Freight.
BUSINESS IN THE OTHER COURTS.

on the criminal side, was opened yesterday at No.
n Chambers street, by Judge Benedict. sum-
ctent number OF grand and petit jurors not being
IN attendance no business was transacted, aud the
Court adjourned till this morning. ssFar3
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
COURT OF APPEALS CALENDAR.

ALBANY, N. Y, June II. 1874.
The following Is the Court OF Appeals day caen-
OAR for June ls:-Nos lO5, los, 100, 90, 243 9s r.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
SUPREME 0oURT-oHAMBERs.

Decisions.
By Judge Westbrook.
Haas VS.. Hyman.-M0ti0n denied. Memoran.
dunn.
Campbell Va. CampbeIl.-$2.000 allowance to
plaintiff, ST. 900 to each oil the defendants attor-
neys. Memorandum.
Bright vs.. eld.-Motion denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-18
SUPREME COURT CALENDAR.
BUFFALO. June II. is

BUFFALO, June II, 1874.
The following is the day calendar OF the Supreme
Court, General Term, Fourth Department., for June
18Nos. 114 $50, Isl, 1917, 1885, l69, l60 49, 49, %,
"a, 25, %.