davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-09-11
MIR. DAILY AND MISS MoRANT.

Fanny Morant, who had an unexpired engage.
ment TO play at the FIFTH Avenue Theatre, entered
into an engagement to play at rival theatre
This being In alleged violation OF her written con-
tract with Mr.. Augustin Daily, the latter. through
his counsel A. Oakey Hall, made an application IN
the Superior Court for an injunction restraining
her from acting elsewhere Miss Morant, In her
answer, says that an implied part OF the engage
ment was that she srould be employed In parts
commensurate with her position on the stage, and
that Mr.. Daily kept her or the stage and that he
defrauded her oy closing his season four weeks
before the ordinary time, and without giving her
the "benent, stipulated for in the contract. Be-
sides this constructive breaking OF the con
tract on Mr.. Daly's part, her % counsel MI:
Conrt OF Equity couid NOT enforcs the affirmative
part OF II would not restrain either party
ment in the case on an order to show cause why
the tnjuctlou should not be made permanent be-
ass at %
nying the same with quite lengthy opinion.
Alter recitng the facts on both sides he gives the
law applicable TO the case and It's rulings on
the same. His opinion closes as follows:-"Upon
full consideration OF all the questions arising
Of the parties am entirely satisfied not only that
the plaintiff has made out case which calls
;,s "r the Ell sat OF the
Morant Smith, mas no defense on the merits. This
brings me to the last question involved. The par
between them during the life OF the contract, and
so careful were tnev that they provided even for
the contingency which has ARISEN In this case.* ~
arrangement which the parties saw At to
naKe The platntin evidently considered
that though in case OF disagreement he could
not compel the defendant Fanny Morant smith,
to act IT was worth $3s week to him to
rival establishment and she, having agreed TO II,
has no cause or complaint. The motion or
the plaintiff for the continuation OF the Injunction
In a mai a fhoro
granted. with $40 COSTS but on condition that the
plaintiff pay to the defendant, Fanny Morant
Smith, during such continuance the quota OF the
salary to which she would be entitled under the
contract in case o. performance
The New York herald., 1874-09-11
THE TOMBS POLICE COURT.
A Bond Forger Caught.
Refnrp JuhUo Eiammer

Edward B. Frazier, OF the firm OF Burtalle !
Frazier. who was arrested on Wednesday night
for forgery, was brought before Judge Fiammer
yesterday afternoon. AS was stated in the HERALD
OF yesterday, Frazier attempted to victimize Mr..
william H. CotterIlI, Of No. 2I Nassau street, BY
inducing him to purchase worthless bonds.
It. From from Mr. cOterils state.
in Nassau street some time last month
and solicited him to buy number OF East Haddam
Cotteril agreed to buy the bonds II Frazier would
secure a good indorser Tor them, which Frazier
to d II T das he 1t With 1ss
ONCE OF Mr.. Ely No. le1 Wall street, proved the
signature to be forgery. Mr.. Cotterill gave IN.
ing Frazer yesterday afternoon and arratgnins
him at the bar OF the Tombs Police Court, from
whence he was sent to the City Prison 10 await
The Title Decd Forgeries.
Yesterday morning Captain Leary Of the Twenty.
sixth precinct, arrested Wesley Webber, who
claims to be q real estate broker, at No. 80 Park
row. In his possession were found no less than
dozen bonds and mortgages on lands IN Brooklyn
which had been given to him by W. Il. Walker,
alias Gerken, who was arrested on Wednesday for
forging the title deeds to CERTAIN lands which he
did not own or nave any claim upon. The captain.
several other individuals WHO have been Interested
in the Iorgerles OF Walker. Yesterday he
obtained from the late Secretary OF New
which the Pasa1e insurance Company, in winch
Walker Is interested, pretends to mold mort
gages:-Isaac Wacr's property, valued at
S12O,0OO on Mercer and Broome streets; A. M.
Thompson, property on Mercer street, valued at
$40 900; Jacob AUSTIN property on Grand avenue,
Steuben and Scnenck streets, Brooklyn, valued at
$4,000; $. b. Lathrop, property on Broome.
crosby. Prince, Elizabeth, Hester, Mulberry and
Spring streets, valued at $4,000; Maria A. Hamii.
ton, property on Mott street, valued at S20, OOOi
w. II. ArDaux, property on Amity. Macdougal and
Spriug streets. valued at SOL 600; j. Austin, prop
erty IN New ARK, n. D., valued at $1,000 Il. NJ Fish
property in BIdmlnst N j.. valued at Sl5,00N
Austin Levy, property OH crosby street, valued Al
$50 1000; ID. b. Lathrope. property on CROSBY street.
valued at $l01,000 I..
Judge Hammer committed Mr.. Webber for o.
animation in default OF bail.
The New York herald., 1874-09-11
COURT CALENDARS-THIS DAY,

SUPREME CoURr-CHAMDERs--Held BY Judge
Westbrook-Nos. %, AZ, 60, ~, 81, 90, l0i, Ia,
l39. l4s ISL, 1874, l76, IFS, 17o, $780, 1871 1885, Iss
100, 1911.
MARISE CoURr-TRIAL TERM-Part Held By
Judge Gross.-Nos. 100, 94 6S. 90, 1885, 127 12S 12g
$780, l3l 1872 l3S, l36, l3s, 14 Part 2-Adjourned
until Monday. Part 3-Held by Judge McAdam,-
NOS 200, 25S, 49, 37s 362 81. 4s3, 41O, l44, las,
LAO. 147, 15l, 152, l54.
COURT OF GENERAL SEssIoNs-Held by Judge
Sutheriand.-fhe People VS.. Frank X. Russell, rob.
Dery; same VS.. George OBrlen, Phiiip Conne
and Thomas Winter, robbery; same vs.. Patrick
Doopihs, ie0nions assault and battery; Same vs.
Charles Williams, lclOn'Ous assault and battery:
same VS.. John ilnggard, Jr., william Mehan Ber.
nara Reilly and Henry burns, robbery; Same Va.
Henry walker, burglary; same w. William Beae,
burglary same vs.. Peter }. Walsh. burglary:
same W. Racnel Boogey, grand larceny; same
vs.. george MARSHALL. grand larceny; Same vs.
Kooeft fitzgerald, grand larceny same vs.
Milllam Burke, grand larceny; same vs. Bridget
Keynes, grand larceny; Same VS.. Frank hratzer,
grand larceny; same va juhus L. Mendelsonn and
Edmund Hauschlld. forgery; same va. Melvin T.
hsynei, forgery; same vs.. John Shay, larceny
from tue person.
The New York herald., 1874-09-11
DEPARTMENT OF DOCKS.

There was regular meeting yesterday OF the
Department OF Docks at two O'Clock P. NJ. Pres.
ent-Presidert westervelt and Commissioner
Budd. But little was done except the formal read
ing of the minutes o! the last meeting by the Sec.
retary and the report for the week from the En-.
gineer-in- Chief Of tho department. Several com.
munlcatons or no public interest were received in
regard TO dredning, dock WORK. pier constructions,
pile driving, &c. William s. Brown. occupying
piers SO and 81 East River complained, IN O COM
municat,on to the Board. OF the obstructlons to
his business and occupancy Of the piers during the
improvements carried forward there by the de.
partmeut and asked that one-haIf OF bis rent he
abateG ior the last quarter due. The communica-
ton was referred. and the Board adjourned.
The New York herald., 1874-09-11
THE OLD ADAMS EXPRESS.

Judge Barrett yesterday rendered decision
reopentng the case OF Dlnsmore and others VS..
Adams and others, as to some OF the defendants.
At the breaking out OF the war the old Adams Ex-
press Company sold to one Platt, for nominal
$500. 900, but for his notes Tor 100000, their
property In the Southern States, and Patt on that
basis organized the Southern Express Company.
organized. the business and working machinery
being turned into the new company, and certain
assets including Plast's notes. being turned over
to Mr. Dinsmore and two other trustees for dlstr-
button among the former stockholders. Ernstein
against the trustees the che point OF their charges
being that the sale to Platt was a mere formal
sale. This new decision Will, OF course, keep the
courts.
The New York herald., 1874-09-11
SUPERIOR OoURT-sPEOIAL TBRK.
Decisions.
o.. Y..A-A sy, rels

BY Judge Curtis.
Wright VI. Huggins Judgment opened so far
as to allow plaintl to try ms action on condition
that he pay 10 defendant his costs OF June term
and $40 costs OF opposing this motion, the judg-
ment and ali proceedings hereunder TO stand In
this interim as security
Merchant, assignee, &C, VS.. Moore.-Motion
for leave 10 issue execution on judgment denied
without prejudice TO renewal OF proof that
nothing nus been received In satisfaction OF judg-
ment aud without costs 10 either party.
Reilly Vs. Stage.-MotlOn TO dismiss proceed
ings supplementary to execution granted With
out costs TO either party.
kellogg vs. smith ct ai.-Order Of reference
granted.
Smith W. Le Baron ct al. Niven vs. Niven; |;
Hall vs.. Morrow CT al; Giilis VS.. Jones and
another; Gis ct al. vs. Jones ct al. Dorman vs..
Sheeny; Pother VS.. Mars; Berrian vs. the Mayor.
&c, New York; weston vs.. Ketcham; HaRan vs.
Laimbeer; Smith VS.. smith; Dillon vs. Masterson; !;
fnca vs. Tif1any Co.; Chauncey VS.. Same
orders granted.
by Judge Freedman.
Elizabeth Veitenheimer vs. Louis Veften-
heimer.-Defendaut's motion Tor Judgment
granted and judgment OF divorce rendered against
he plalntin. Plaintiffs motion Tor additional
counsel lee and for lutnre alimony, notwithstand-
ing the rendition OF Judgment against her, de-
MED.
The New York herald., 1874-09-11
JEFFERSON MARKET POLICE COURT.
Burglars Surprised.
BetOre Judoe Murrav.

Before Judge Murray.
The premises Of John Farley, No. 44o West Thrift.
sixth street. were broken into on wednesday
night and three pairs Of pantaloons were STOLEN.
Farley was aroused by the noise and gave the
alarm. A man named John Allen was arrested,
but two others who were with him escaped. Allen
was brought before Judge Murray yesterday ans
held In s., GOO bail 20 answer
Dark Deeds.
Daniel Nathan, colored servant in the employ
Of Dr. Abraham jacob, No. Ito West Twenty
fourth street. was held in default Of $1,000 bail,
charged with stealing various sums Of money nom
his employer DR.. Jacob has missed either nvs OF
o ten dollar bill daily from bureau drawer, where
he usually deposited his days receipts. he con.
sulted Detective Rogers, OF the Twenty-ninth pre-
cinct, anu the result was to mark two ve-d6llar
bills and one ten-dollar bill and depostr them in
the drawer. They were missing next day, and on
searching Nathan the money was found on hM
The New York herald., 1874-09-11
THE COUR rs.
Mr.. Days Suit Against Miss Morant--De.
sisioB by Judge Freedman.
Penalties for ObstructIng
the Harbor.
The Old Adams Express
Company Suit.

Tne case OF j. ". Carey, mate OF the ship Sow.
ereign Of the Seas, charged with maltreatment Of
a sailor named Achilles Brignardello, while on
voyage last spring from San Francisco to Havre,
was continued yesterday before United States
Commissioner Stillwell. Captain johnson, com.
manding the vessel on this voyage, was the only
witness examined, and he corroborated some OF
the main facts as detailed In the history OF the
case published in Wednesdays HERALD.
Swan, whose case wac reported In yesterdays
HERALD, Is charged with embezzling only &c. and
he was sentenced to only SIX months 1mprison-
menr, instead OF one year, and to pay nne OF
$3.50, instead OF $500.
The New York herald., 1874-09-11

case which was referred to them fur arbitration.
Is appears the Commissioners of Charities and Cor
rection, through their purchasing clerk, Mr.
Moses Goodkind, made purchase OF l,oo3
barrels OF nour from Jesse Hoyt 4 Co.
The nour was duly delivered, receipt ana
vouchers properly attested TO by the storekeeper
and baker, the Commissioners audited the olli
but Mr.. Ford syerfed that this hrm charged 500
IN excess OF the value OF this dour aud that some
was unsound. The bills we're thus returned 10 the
Commissioners. By mutual consent OF the finance
Department and seller the subject was referred 70
the above mentioned committee, whose DECISION
settles the business by making the following
AWARD.
wa:rss sopreye5y between Is;:Is W as SGIs Il:
I HS S Noses
YORK Produce ExchAngel having been volun,ary r ,u9
4sass. sss.ass s s Ss
IL and whe1as s siS Se q and
tions OF the parties we're heard az meeting OF ma.
malority OF those present. ecncSrrlns in the following
Sad .rs,trsOp commce e hs New SOrS Sseios crS,
OF the city ana county OF YORK Indebted TO jesse
ssr % i he s% sSy + s uS % q 81!
Ssi
Of Ss ssa ''s similarly ndssea TO I%'Ff
Coeman Co. IN the sum of $3.50 81 for cost
July ls iss both inclusive WITH interest. an date S Of
e% and
tined 20 the corrsetness ot ne sev.rai os embracns
s;s ssfS
9,ss S.9s said ss
scribed our names sh'7Ih day Sa s:pismpsI s7xxrvr
: > HXFsisoS.
NM yGiiis Il H911v H991x1vxrou
Signed IN presence Of wILLt4n r FIErcHEs
The " INC II the h:
their decision and also to record their Judgment on the
@ spsS 1y tSs
lowing as their conclusions based on the testimony ad
fs1st-The regulation. of the DEPARTMENT Of Public
cass snS a ws . ana 1s
reach ihs end buying in the open market on ,he pest
Hsa sssaTaf the
as. at
and hat committed IN con- mend"ole enort toward
TSiS%grhe two firms from whom the purchases were
sold under iSe peculiar attaching to the
ana %s ana Sas o wa. ea
tins the n syasncs in
mittec, was calculated to give Tho impression that
it Would have been better however. for all parties
concerned i h & Seqa have been snsrsa @
dsiiverea and would be WE'LL in the judxmen. Of this
COMMITTEES could ss made II q sms
in dlspute that parties supplying the Department Of
Public Charities and Correction with goods should not
Claims Moreover ii means could be devised by the de-
partmrnts OF Charities aud Correction and Finance
goods furnished within few days-ssy one wsek-of
the New York Produce Exchange would be on par, as
buyer, with dealers and exporters who pay tor their
ihe dsadva ntage OF representing system " hose time
az settlement IS most likely prooneed. and Is In
Sny case uncertain. ARCHIBALD BAXTER.
' :. d. HARRISON.
VIM L. BOYD
JOHN II. BOYNTON.
The New York herald., 1874-09-11
FINANCE DEPARTMENT TROUBLES

The utmost Indignation exists among the peo'
pie VINO are so unfortunate as to nave dealings
with the Comptrolier's ONCE and who fall into the
hands OF the examiner OF Comptroller Green A. d.
Ford. This mau processes to be an expert In
everything and the head OF the finance Bureau
bclievesit. Yesterday the Arbitration COMMITTEES
OF the Produce Exchange submitted report on
The New York herald., 1874-09-11
BOARD OF CHARITIES And CORRECTION,
What One of the Investfg ting Commit.
tao Ga .ra n>.~

tee says-Has There Been Jobbery!
In relation to the report Of Mr.. Howe in regard
to the Department OF Charities and Correction IL
has been SAID that no reply would be made by the
implicated parties unless request to do so should
come from the Board OF Aldermen. Undoubtedly
when chiefs OF any department of the city govern
ment give contracts to their relatives for supplies
or positions OF "trust, honor and proft,n pubic
judgment points to the TACT only to condemn 1t.
So strongly was this sentiment INDUCED by the
ancient legislators OF Greece and Rome that man
elevated TO any ONCE by the voice OF the
people who was discovered having dealings with
a relative on behalf Of the state was driven IRON
his public oflice in disgrace. That we have grown
purer in these later days remains to be proven; /;
that cousins and nephews, brothers and brothers
n-law can deal without favor with the depart
ments presided over by their kinsfolk most people
Will be pardoned Tor doubling, and thus, when 1t
was discovered that valuable contracts or cloth, to
be used In tue Department or Puolic Charities and
Correction, were given TO Mr. Lewis sterhbach, a
jobbery seemed TO bc indicated, and an investga-
tion was ordered on the basis OF evidence.
PRESENTED TO THE GRAND JURY
The sequei oi this investigation can pest be told
IN the words OF Mr.. William A. Booth, one OF the
HERALD representative as follows THE report of
Mr.. howard Potter and myself was rendered about
was ne he o1 mnorent vbca wcre in
investigate. The Mayor commenced the inquiry on
the evidence submitted to the Grand Jury, and
referred u TO HIS Honor Tor action. Mr.. Jonathan
sturges was at first associated with Mayor Have
meyer; but, when he ts,urges) was Unexpectedly
summoned 10 the West on account OF illness IN his
family, the Mayor went on with the case alone.
When the evidence was submitted 10 US Nj.
Potter and myself arrived at the same conclusion.
without CONSULTATION and thar was. there
nothing shown TO Justify charges oi corr upton,
the only suspicious thing being the relationship OF
Mr.. sternbach TO stern. Commissioner Laimbeer
tod me only the other DAY that there was quite
another SHE TO the Howe report and, think this
VIII be tUtnd to be the case, the opinion OF the
commissioners OF Accounts TO the contrary not
withstandlng."
A HERALD reporter called at the place Of bus-
ness of Mr. Howard Potter, who is a member OF
the banking firm OF Brown. Brothers Il Co., but
was unable 10 see that gentleman, who will not
be IN tbis city for several weeks. Mr.. Myer stern
aud Lewis Sternbach were each sought In vain
but an official lully posted on city AFFAIRS, who
iuseu To permit his to be given, stated to
the reporter ''that jobbery In the Department OF
Charities was Seltevident--even worse. he
thought than in the Fire department, wncrc. ac-
cording to An eIp0ss In the HERALD toe other day,
brothers and brothers-in-law OF President Perey
received nearly every contract IN which there was
any pap do not THINK he added, THAT Com
missioner Stern mas heard the last of the Howe
reuart.r
The New York herald., 1874-09-11
MARINE cOURT-oHAMBERs.
Decisions.

Before Justice Joach msen.
McCabe vs.. McKeogh. -Uompaint dismissed,
with COSTS.
KiulbaH vs. Mckinley ttwo cases. Defaults
opened on terms.
Ullmann vs. Christensen en.--Motion granted
scnwartzchlld VS.. HonmaBn.-Motion 10 vacate
order OF arrest denied.
Schaeler VS.. Hindemann.-Motion denied.
PaulsOn vs. HOuQn.-Summons obtained from
one justice alter refusal by another set aside, with
costs, and attorney ordered to show cause.
Lewnski VS.. Winkelman.-Bau reduced to $780,
The New York herald., 1874-09-11
THE THIRD DISTRICT COURT HOUSE.

Yesterday morning the Commissioners for the
erection OF this court house met at No. 23S Broad
way, Mr. b. II. Porter, chairman presiding, and
commissioners William Dodge and Edward Bee
rian present. Inasmuch as this meeting was for
the purpose OF opening bids. Comptroller Green
was present BID OF dir. " Henry, or the stone
contract al $1,000, being the lowest, ana exc
cured according 10 law, the same was duly
awarded For the mason and brcxwork thirteen
BIDS had been received, the highest at SAL ana
the lowest at s1l6sS5. No action was taken on
this, ana the Board adjOul ned.
The New York herald., 1874-09-11
BUSINESS IN THE OTHER COURTS.
SUPREME OoURT-oHAMBERs.
Decisions.

Decisions.
BY Judge Barrett.
Richards vs.. acknowledgements.
Dinsmore ct al. VS.. Adams; Wardenburg vs..
Burke.-Upinl0ns,
By Judge westbrook.
Rockwell VS.. Geery; IN the matter OF swan
Memorandums.
Mackey VS.. Auer.--Motion Denied with SO costs.
Hirsch VS. Livingston. denied. without
costs.
The New York herald., 1874-09-11

PARK ESTIMATES.
Park s2s4 800
For music. Central Park eco
For park keepers Central Park lH000
For contingeDc Central Park. 20C0J
For special repairs and Improvements OF archi-
eciura structures Central Park ........... 5000
For special improvements OF pautato 500
and places ..................... $500
For lighting small parks and places s0UO
For music Ia small PARKS and places 7U)
For park keepers in small parks and places 25U0
For Observatory. Museum and Gallery OF Att. 0tUJ
For the American Museum OF Natural History and
the Metropolitan Museum OF Art............. 10000
For bridges over Harlem mtiver............... l5t0
Harlem River 80. saao
For and repairs OF roads and bridges in
Iwenfy-tmrd aud twenty fourth wards ...: lW5J0
For surveying. laying ont monumenting &C. the
north end of the island and the Twenty third
and Twenty-iourh wards. ................ 76ooo
For sea wall at the Battery 730)
For pavement OF CITY Hal Park. 5000
For deheieney OF the year S73.... 1850
Total. 1926 ITO
FOR celeDrauon OF independence Day. 10000
Total .$935 l70
The New York herald., 1874-09-11
What the Taxpayers Will BE Assessed
For street Work I'm Progress.

What the Taxpayers VIII He Assessed
For Street Work in Progress.
Commissioner Van Mort, OF the Department Of
Public Works, has sent the following communica-
ton to the Board OF Estimate and Apportionment
In reply to resolution asking for an estimate OF
the amounts required to complete works in pro-
gress payable In part or in whole by assess
mepts:-
DEPARTMENT or PUBLIC woaks,l
NEW YORK. sept. o. 1874 4
GsSTLExEN-Iu reply to your resolution Of June q
nave nave as ae SRes Se aouss wSe VIII be aequrcd
s q;
whether under ordinances OF the Conmo Council or by
The WORKS are dSdsd into four classes and the
Tor their completion are as ollows:-,
oss sadea to Ss .9nG5ssa su
OF the % hS C S0Hno statutes n
81 made eGnrp Ia ord
me- q hs asT eo@psc GSHi
sse esasracsor invited to bid Tor the same sosl
wsiea "ae e n Sdae ss
competition BY responsible contractors in -. -,
Class Class 4Urmprovemcnts mt carried on BY day;
eli and laws Of the State :. lesoCoo
o. the above amount The sum Of ST. s i; ior work
@ sS I%a S.S.a @ 0%
and The sum Of s2s'662S Tor work berun during my ad
ministrauon Of the Department Of Public Works.
The time required for the completion of tho
eral improve hts above included varies from fivc
working days to SO working days. and work done by
contract thri Of the cost IL nntil
the completion and acceptance OF the The issue
OF assessment bonds to meet The payments these
works will therefore be gradual. and will be appor
toned period OF at least two while at tho
same ssment lists Will be made works
they COMPLETED from time 20 time, collections
assessments made, the proceeds of which applied
10 the rede Hpton OF asse ssment bonds.
All street improvements are carried under author
fy ordinances OF the Common tonncil and laws
the Stale which are mandatory the Commissioner
Public Works their execution. and upon your
honorable Board as 10 providing The therefor
All work street improvements commenced during
administration is to be paid tor entirely by
adjoining property and part OF 1t by the
except where the city Is property owner
Very respectfully, GEORGE NJ. VAN MORT,
Commissioner Of Public Works
The New York herald., 1874-09-11
pIssuRsK1xST2

Comptroller Green reports the following dis
bursements and receipts Of the treasury yester-
day.
The New York herald., 1874-09-11
CITY TREASURY.

moro TO repair next year, With tnis explain alton
the puolc. II Is supposed, viii have to be content
The New York herald., 1874-09-11
BOARD OF ALDERMEN.

q wsss wssn.nssoa Market upon which the
Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1874-10-15
CiyilitieS In japan.

1t is most amusing to see two Japa-
nese acquaintance meet. The amount
of scraping and bowling gone through
at such times is something tremendous.
When within skirmishing distance
about twelve yards-each one endeav-
ors to put his head between his knees,
blowing away like porpoise all the
while. This operation they repeat as
they approach each other, and then
stand looking at one another's toes for
about three minutes with the hveliest
satisfaction depicted on their counte-
nances. Suddenly brilliant idea seems
to strike one of them, which he commu-
nicates to his companion in tones of
gracious condescension. The other is
of course so much struck with the orig
inality of the remark that he is perforce
obliged to bow to the ground in admira-
tion of his friends genius. After an in
terval of three minutes devoted to grin
ming at each others toes, it is now the
turn of No. to have an inspiration,
which, as in the first case, electriies
the listener. Then follows another
round of bowling, and so on, dd Hb-
itlS11