davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-05-15
SUPREME OoURT-sPECIAL TERM.


The Kelsey Mystery-An Effort to Have
the Place OF Banks and Sammis' Trial
Before Judge Gilbert.
The celebrated Kelsey case was before Judge
Gilbert yesterday on a motion of the counsel for
George B. Banks and Royal and Rudolph Sammis
for writ of certioran to remove the record TO
the Supreme Court OF this county, with the view
OF applying for q change Of venue The trial OF
the accused has been set down for Monday next,
At Rverhead. Suffolk county, and the counsel ex-
pressed the opinion that the prejudice against
them was SO great there that fair trial could not
possibly be obtained. This application was there
fore based on the principles oi common justice.
TO grant the writ The District Attorney Of su.
folk county had not been notlfed that this appli-
cation A. was M TO- . De made m ana there was special
Mr. Brooke, OF counsel for the defence, was Of
nature Of this application, which was not change
the venue, but to transfer the record to the Su.
duly duly noticed, ior change Of venue. There were
two indictments against the petitoners-one for
o ana he O "p a N on me d
1877, Charles Kelsey disappeared, and that on
August 2s 1873, parts OF human body, supposed
to be Kelsey's, were found In Queens county. The
petitioners and others were alleged to have
been concerned in the act by which Kelsey
came to his DEATH and from that time up to the
present the greatest excitement and prejudice had
existed IN the county, producing universal pre-
Judgment OF the case. The evidence was neces-
sarlly clrcumsrantial, and the prejudice existing
naturally extended to the Interpretation OF 1t.
Local newspapers had been filed with condemna-
ton and defamation OF the REALTORS The Court
was mistaken in supposing that special Term of
the Oyer and Terrniner had been summoned for
the trial OF the REALTORS. IL was simply an ad-
journed term, and counsel was notlned by Attorney
General Barlow tnat other cases would be tried.
MI. Brooke quoted divers authorities to support
the application.
The Court thought that there was no place In
the state where a more intelligent jury could be
obtained than In suffolk county.
Colonel Fellows replied tnat this was generally
true; but this was an extraordinary case and the
leeling engendered by 1t had divided families and
been carried INTO churches and to the ballot box.
Judge Gilbert intnated that he would grant the
order, provided tnat 1t was made returnable at
Rlyerhead next Monday. tnHstsl
Colonel Fellows mildly demurred saying that
that would. place them in the position OF asking
Judge to remove case from his own jurisdiction.
Later IN the day the Judge announced his de-
clsion denying the application, but adding that
this decision was without prejudice TO an applica-
ton pursuant to section OF chapter 462 OF the
Laws OF 1859. or to any other application 10 the
Justice holding the Oyer and Terminer.
The New York herald., 1874-05-15
NEW YORK HERALD. FRIDAY, NAY ls ls74-TRlPLs SHEET

children even as young as ten and twelve years OF
age drinking % the counter as " they were grown
up men. The result is that frequent complaints
nave Deen made against the place to the police,
but no abatement OF the nuisance has been effected.
On "Wednesday evening an oIcer OF the Eighteenth
precinct found Charley Masterson aged thir-
teen, lying stupidity drunk on the sidewalk,
near the distillery, and TOOK him TO the
station mousse. He was brought to Court
yesterday, and said that "Dutch TomD had
given him the liquor which had made him drunk
lor hve cents. The Court took note OF the case,
OF bis parents. -"1--
Good Thief but q Bad Liar.
Onicer Mahoney, Of the Eighteenth precinct,
arragned Thomas Mitchell on a charge OF stealing
ST worth OF wearing apparei rom Theodore ).
Maloy's room, at No. a37 East Twelfth street. He
was arrcsteo "a the street by the onicer with the
on: OF the trouble oy saving that friend OF his
nad gwen MN the arnces. Ills excuse was not
default of haIl. - - - ..-'' -
The New York herald., 1874-05-15
Mr. BEECHER ON GOOD ASSOCIATIONS.
from the Christian Union.

From the Christian Unlon.]
Am responsible Tor the evil and blasphemous
though that come into my mind against my wIf How
can get rid OF thems
You are not guilty on account Of anything you
cannot control. Evil thoughts follow some prin-
cplc ofassocation old channel OF habit or In
herited predilecton. The remedy does not lie in
frantic opposition to them. This only makes the i'm
pressiOn deeper. Turn your attention away from
them DO not oppose them 30 much as neglect
them. Above all. never let one OF these cast out
nevhs mud the house empty, swept and garnisbed
FIJI your mind with other things Be careful what
you read. Read abundanty and OF the best
books. An idle brain is the lodging house of evii
thoughts, as an unoccuped house gives shelter to
trAmpS and uncleanaheasta.
The New York herald., 1874-05-15
CUBAN RECOGNITION.


l have good reason to know that scheme TOT
Cuban recognition really has been entertained at
the White House-is entertained st-and tnas
determined effort Is making to get some support.
l0r 1t In Congress. nave often assured You .nas
General Grant has a natural iondness or nllpus-
tering schemes, and has always cherished tue an, am
oiuoh TO DO something In the west inuies .,,,a ts
IS his one political dream. The purchase OF Suoa,
the annexation OF ST. Domingo, the setueMschs y.
Samana are the successive projects oy wnicn ne
has sought to realize TINS pet fancy anu W ts tvun
teract what he seems to dread more tuau any en,ns
else In the world the spread OF European innuence
In the Caribbean Sea
The New York herald., 1874-05-15
BROOKLYN COURTS.

John Bruck sued the City Railroad Company for
$1,000 Tor the death OF his son, aged five years,
who was run over by Car in Court street, near
Church. The jury yesterday rendered q verdict
for plaintiH for $780, st
Judge Nelson, OF the City Court. yesterday re-
duced the bail OF lawyer Roe, who is being sued by
Nicholas Ansaho 1or alleged false imprisonment,
from $4,000 to $1,000. The case was reported
YESTERDAY. The suit IS brought to recover $4,000
The Judges of the City Court give notice that all
causes set down for Trial by jury Tor any day OF the
third week oI May VIII be called on Monday, the
Term Calendar should be filed on or before Satur-
day, the 10th INST
The New York herald., 1874-05-15
00Ukr OF GENERAL SESSIONS
Tho Loper Arson case-A Verdict OF
Guilty OF Arson In the Third Degree.
BEFORE Jud0e Sutherland

Tho LOpcr Arson Case-A Verdict OF
Guilty OF Arson In the Third Degree.
Before Judge Sutherland.
The trial OF Jonathan p. Loper charged with
arson. was resumed yesterday. Mr.. Mott called
the accused, who stated that Muxlows 1.-THE
complainant's) statement in almost every partic-
ular was false. The accused said that Muxlow did
move his furniture from Astoria to New York. for
which he paid him $25; that he did give
bill OF sale 10 Auxlow, so that his tLoper's)
landlord could not seize the goods he having had
difficulty with him about paying for pump. The
deiendant denied that he ever threatened to set
fire to Muxlow's barn, and positively afirmed that
he dtd not invoke the aid Of Grimes, Kelly ana the
other young men to commit the crime. Witnesses
were called to show that Muxlow's reputation for
sa nnn eraa nS eprv was He go9a while Chris
by District Attorney Rollins, testified that Muxlow
said, after the lire, that Captain Loper, the pris-
oner's lather, was ricn, that no expected to get
from $4,000 TO $4,000 from him, and when he got
Out.n 1sNlH trTI~ll7l
tended that THIS story of Muxiow and the wit
nesses for the prosecution was gotten up Tor the
purpose OF extorting money from the rich Iather
District Attorney Rollins followed, arguing with
convincing power that the testimony clearly es-
fully set the stable OF Muxlow on nre
Judge Sutherland delivered an impartial and
clear charge. After some hours OF deiiberation
tne jury rendered verdict or guilty OF arson In
the third degree.
The prisoner was remanded for sentence.
A Noted Young Pickpocket Sent to tho
House OF Refuge.
Max Waptc0vltch was tried ana convicted of
larceny from the person in stealing, the 9th Of
this month, pocketbook containing SO from
Esther Lipschutz. in Ludlow street. This young
pickpocket tried last week for similar crime,
but the jury was sympathetic ami acquitted hum.
HIS Honor sent him to the House OF Refuge.
Gussie Belmont, who on the 10Th OF April stole q
SILK SKIRT from Margaret Davis, pleaded guilty to
petit larceny. she was sent to the Penltentiary
iOr six months.
Alleged Perjury.
Late In the afternoon jury was empanelled to
try an indictment against julius Sarner charging
him with perjury. After the jury were sworn the
Court adjourned till this morning.
The New York herald., 1874-05-15
ory challenges on
SUPREME OoURT-uHAMBERs.
A Street sprinkling Contract.


Before Judge DOnohue.
Thomas N. eager made contract for sprinkling
Grand street, and to carry out his contract sup
pned himself with horses and carts ana sprnkling
apparatus. He applied to Commissioner Van Mort
for permission to use Croton water, which was re-
fused on the ground that permission had been
given to another party. He was not sarisded with
this result, and through his counsel, MIR. Pollock,
applied in this Court yesterday for writ OF per-
emptory mandamus, directing Commissioner Van
Tor. Mr.. Pollock pressed the facts recited ABOVE
as su1ictent reason for granting the mandamus.
Assistant Corporation Counsel Andrews insisted
that the application had no equitable basis, and
that the Commissioner having already gwen the
privilege OF using water for sprinkling che street
should revoke such permission. Judge DOnOhue
took the papers.
Suits Under the Consolida ton Act.
In the case OF Clarence Levy. who had asked
through ex-Judge Cardozo his counsel, for per-
emptory mandamus against the Comptroller to
pay for supplies furnished the county, 1t was ar
ranged Yesterday between counsel and Mr.
Adams, the Assistant Counsel to the Corporation,
TO discontinue any urther proceedings and take
1t Ii probable that such Will be the disposition
made OF all similar applications for Inandamuses
against the Comptroller where the money sought
Is for payment OF claims against the county.
An Illegal Expulsion.
Before Judge Lawrence.
In August last Charles Sassenscheidt was ex-
PEELED from the Fresco Painters Benevolent and
Protective Union. He claims that he was over
come by the heat OF the sun and disabled from
work, and that such expulsion not only prevented
his getting dues to which he was entitled, but
prevented hts obtaining employment elsewhere.
Application was accordingly made Tor q peremp-
tory mandamus against the society directing his
restoration to membership In q decision gwen
yesterday Judge Lawrence granted the mandamus,
holding that the bylaw unoer which the expulsion
took place. and being without notice. was un-
reasonable and unjust, inasmuch rs 1t prevented o
member before conviction nom hearing.
Decisions.
BY Judge Donohue
Louis VS.. GrahlinX.-Motion granted Memo
randum
Eagle VS.. Smyth; Leach VS.. Barker; Hanover
National Bank VS.. Greeneve-MOtion denied.
Collins vs. Merry.-Granted.
Nash vs.. Mitchetl.-Motion granted.
BY Judge Lawrence
Coolidge vs. J0hnson.-Granted.
The New York herald., 1874-05-15

The Inconvenienee OF Duplicating .
Husband. fiy s4

Husband. fi4 TIA
Before Judge McAdam. n9
Schneider vs. Levison.-Tne plaintiff sued the
defendant. City Marshal, to recover pos
session OF the fixtures Of lager beer
saloon which she claimed to own, taken
BY the defendant on an execution against
her present husband. or their value. $500. IL ap-
peared on the trial that the property was pur-
chased by ner with moneys received on an
insurance policy on the lie OF her first husband,
was brother OF the drst The initials OF husband
No. were unfortunately Identical with those OF
No. 2, SO that even Q CITY Marshal might be ex-
cused tor becoming q little cOniounded. After a
charge IRON the Court as to the rights OF married
women. the jury rendered verdict In favor OF
plainttn for 5000 r #fa4t fafa.r
The New York herald., 1874-05-15
JEFFERSON MARKET POLICE COURT
Anderson's Sleep.
Before Judge Morgan.

Before Judge Morgan.
william Anderson, OF The steamship Canada,
went into No. las Thompson street Wednesday
night, and while there fell asleep in chair. When
he awoke, about five O'Clock In the morning. ne
found himself despoed Of his gold watch and chain
and some gold and silver coins which he had In his
pocket. Aaron He wlett, q colored man, who was
IN the pace, told Anderson that Elizabeth Jones,
also cOiored, mad robbed him. When she was ac-
cused she handed him back the silver coin, aud
told him that was all he had about him, and she
took that i0r saiekeeping. Anderson called IN
0nicer Quipley, OF the Eighth precinct, and had
Elizabeth arrested. Judge Morgan yesterday COM
mitted her to answer In default OF $500 bail.
Was She Mistaken2
On the 9Th OF May last Mrs. Mary F. Wagner was
riding In Madison avenue and Broadway stage
when her pocket was picked of SIS. Yesterday
afternoon Mrs. Wagner was riding up Broadway
ana she saw man named George Sanderson
standing on the corner Of Eighth street whom she
recognized as the person who sat beside her on
the day her pocket was picked, and whom sne
felt sure was the person who did u. Mrs Wagner
jumped out OF the stage, called on Onicer Van
duzer, OF the Broadway squad, aud asked him to
arrest Sanderson. the prisoner and tine complain
court. Mrs. Wagner swOre that she got In the
stage at rwenty,thlrd street and Broadway on the
street. He sat by her side and opened < news.
paper, spreading IL over his and her lap. He rode
about eight or ten blocks and then got out. I'M
book
Judge Morgan said to the complainant Are you
certain this Is the man Z" :.
Mrs. Wagner-Yes, Judge, am certain, and
when accused him OF 1t IN the street he offered to
give me the money.
"wnat have you to SAY for yourself, sanderson ~
SAID the Judge.
Sanderson-Your Honor, the lady Is entirely
mistaken. She never saw me before IN her rie,
nor never saw ner. The reason offered her the
money was tnat / am employed IN a gambling
house, and that not being q very reputable busi.
ness thought It wonId go hard with me wnen
the lady was so positive. am no thief, nor never
stole dollar In my life, and would rather give ner
twice the money than be brought up on such
charge, although know am Innocent.
Judge Morgan neld Sanders0n Tor o iurtncr
examination.
The New York herald., 1874-05-15
COURT OF SPECIAL SESSIONS.

Before Judges Smith, Otterbourg and Sherwood.
John Herd. the young man who assaulted his old
father, and who was brOughI into this Court on
Tuesday last on that charge, returned again yes
terday, having been subjected to medical exam
NATION, the result OF watch proved him to be
sane. On the strength OF this finding the Court
sentenced him to two montns in the Penitentiary
for 'making things lively" as he calls it.
Peter Iriser was convicted on charge OF break
ing into Henry Booths liquor store and sentenced
to three months III the Penitentiary.
The New York herald., 1874-05-15
THE TOMBs POLICE ooURT.
Before Judge Hammer.

Before Judge Flamner.
The seventy-fve men arrested III the faro saloon
OF George stevens were brought to Court yester-
day morning, and Judge Flammer fined them So
each. with the exception OF one man who told the
Court lie about his name. He was nned SO for
playing iaro and So Tor lying. stevens, Baker and
"Dutch hcnn were held in $1,000 bali each to an
Swer at the General Sessions.
The New York herald., 1874-05-15
ESSEX MARKET POLICE COURT.
Burglary I'm Willctt street.
Before Judge Kasmire-

Burglary In WflIctt Street.
Before Judge Kasmire.
Daniel Ziegler and David Welsh were arraigned
on . cnarge OF burglary preferred by Michael
Black. OF No. 1l9h Wiilett street. On the 18th OF
April Mr. Blaick's dwelling was broken open and
some s21 in money and quantity OF clothing and
other articles carried of. Welsh was identified BY
the person who came to him on the morning OF
the burglary and said thar mis- tbiaicks) mother
wished to see MIN very particularly. Black locked
up the house and went away. and While he was
away the place was entered. Daniel Ziegler was
standing in the hail at the time. On his examine
ton Welsh stated that he had notning to DO with
the burglary, but that Ziegler had sent him with
the message to George Black. Both men were
held In 81, 900 bail to answer.
The New York herald., 1874-05-15
SUPERIOR CoURT-sPEO1AL TERM.


Decisions.
BY Judge Van vorst
Povle va. Berringer.-Report Of referee con-
nrined.
Conradi VS.. Lunten.-Applicatio granted.
by Judge Sedgwick.
Congregation Shaar Hashmoin vs.. Halladay.-
case settled.
BY Judge Curtis.
In the matter &c, OF Ogilvie, dc.-Application
to vacate assessment Tor regulating and grading
sixth avenue denied. See opinion.
The New York herald., 1874-05-15
SUPREME CoURT-OrRcU1r-pART

Verdict Against the Long leland Kali.
road Company.
Before Judge Lawrence.
Alfred Nelson on the Sd OF August last purchased
from the Long Island Railroad Company an excur-
sion ticket from New York to Southampton and
return. ON the 7th Of the month, in returning, he
offered the ticket, but the conductor refused to
accept it, saying that the time for which it was
good had expired. he refused co pay his
with no special violence. After his election
he offered to pay his fare; but the conductor
would not accept 1t. The result was that he had
to walk to hunters Point aud lose the day for bus
ness in the city. He brought suit Tor $60 900 dam
ages, and the case came to trial yesterday. An
effort was made To show that lie Was elected rom
the car remote from any dwelling place, but the
testimony on this point was very contradictory.
The jury brought In a verdict oil 500 damages.
The New York herald., 1874-05-15
F1rrY-sEvENTH STREET POLICE COURT.
Straw burning.
Before Judge Sherwood.

It Is not generally known, even to persons OF in.
telgence and respectability, that to burn or
any other material in the streets Is q viola
ton OF the corporation ordinances The conse-
quence is that many persons, who would never
otherwise commit themselves, have oecn arrested
Ior this offence, Yesterday ut thts Court n young
law Ia this respect,,was arrai0ned, but was DIS
charged ou proving TO the satisfaction OF the Court
that ne had committed the offence through lgno-
rance only.
Young Drunkard.
Thomas Mesuer, alias "Dutch Tom,n keeps dis
tilery in First avenue, between Twenty second
anu Twenty-third Streets whichi Is extensively pat
ron,zed by the young boys OF the neighborhood,
and 1t is no uncommon sight. IT il said, to see
The New York herald., 1874-05-15
CITY OoURT-TRIAL TERM
Damages for False imprisonment.

BefOre Judge NELSON. llN
John Carroll caused Lhe arrest OF John B. Fuller
op charge OF larceny In having taken possession
Of quantity OF valuable machinery belonging to
him tCarrolD. Fuller was locked up for four days
and then discharged by Justice Elliott, OF the
Fourth District Court. Yesterday he sued Carroll
to recover $1,000 Tor ialse imprisonment. The jury
rave Dlaintin xl. 500 TT.
The New York herald., 1874-05-15
COMMISSION OF APPEALS CALENDAR

ALBANY N Y, May IA, 1874.
The following is the day calendar OF she Commls-
sion OF Appears or Frlday:--NOs. 106 H. lis, 49,,
SO. ia. 1873, 13i, 135 and 96 The Commission I'D
jOurned till tomorrow, at ten O'Clock A. ID.
The New York herald., 1874-05-15
MARINE OOURT-OHAMBRRs.


Dy CHIEF Justice shea.
Little vs. Smth.--Demurrer allowed, with costs,
no one appearing IN opposition.
Bennett vs. National Connection Company.-Mo-
tiOn denied, without costs. satY4
The New York herald., 1874-05-15
CITY TREASURY.

Comptroller Green reports the following dts
bursemcnts and receipts OF the treasury yes
fardaH - MN -M. III .LL. Ill. l.
The New York herald., 1874-05-15

vanderburg vs. Maguire.-Notion granted, with
out costs. 4Et
Murray vs.. 0tis.--Motion denied, without costa
The New York herald., 1874-05-15

plspuRsEMENTS.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-02

workhouse. VIM. Perry, disorderly; fined 90.
Joseph A. Keefer, failing 70 remove snow; fined
81: Clara Heck, selling liquor without license.
The defendant IL the party who attempted to
Pfaff was in the act Of serving the warrant
IN this case. Two witnesses were produced by
the prosecution, one OF whom, T.. X. Jones, Of
Sligo, Nd, testified to obtaining glass OF beer
bought oysters. For the defence, the bar
keeper testified positively that the party did not
obtain liquor. that il was refused. The court
said 1t appeared that the case was one OF ma
hcious prosecution, and dismissed 1t.
TO-DAY.
VIM. Gardner, Henry Fries, Charles Fisher,
Jimmy SANDY, Michael Mudd, and about one
dozen others forfeited collaterals for various
minor offences. Mary Dyson, loud and bolster
Gus; So. John Henry Rollins was fined IS for
profanity. John Brent, same charge; 81.
Charles Lynch, loud and boisterous; IS. Mary
Nichols, cursing; So John and Ellen LeUellen,
man and wife, were charged with vagrancy and
sent down to the poorhouse thirty days. Thomas
Buchanan was fined 80 for cursing Mary Jane
Hall, same; S3. Henry Bell, same; IS. John
Nicholson, loud and boisterous; s.. Richard
Mudd, loud and boisterous; So. Norwood Smith !,
a vsgTant, was sent to the workhouse. Samuel
charged with doing business as cattle broker
without license; SIS. Hugh Quigley, same
charge; SIS. John Gallagher, same charge; SIS.
John West, same charge; SIS. An appeal was
$40; Frank Jacobs, S3 for same offence. Anna
Wbipple, loud and boisterous language; IS.
John II. Raymond and Robert Rollins charged
with an ARRAY; the latter was fded $40 and
assault and battery on Casey Taylor, one
striking her with dipper and the other with
the fire. poker; SIS each. Daniel Green, larceny
or I'D pounds OF pork; fined $50 and costs, or
thirty DAYS In jail. James Roy. assault on
Margaret Rollins; 50. Lucien johnson, larceny
OF a coat; continued.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-02
THE WEATHER

vi
WASH ISeToN, ID. q, February 2, 1874, 1880 m.
SYNOPSIS FOR The PAST TwENIY-FOUR HOURS
The area OF highest barometer has continued t.
move sent he astward aud is central over north.
ern New England The pressure has fallen very
generally over the middle ard southern states aud
the lake region. The tenn perature has fallen de.
Slde6ly over New e gland, the 81. Lawrence val
ley, New Brunswick, and Nova Scotia. 1t hiss risen
somewhat over the Ohio valley aud middle Atlantic
coast n rthe asterly winds, with cloud and snow
prevail over the middle Atlantic states the lower
iake region, sni Lake Michigan. Northwest winds,
with rain, are reported from the south Alta attic and
eastern gulf states. Falling barometer and fresh
sontneesterly winds. with cloudy weather, are re-
ported from the extreme northwest,
PRosABILlTIEs-During the rest of Monday for
New England. falling barometer, STATIONARY or
rlsng teni ersture, north and winds, follow ed
by snow. For the midole states, increasing north.
easterly winds, rising emperature and snow, fol
lowed In some places by rain. For the lower lake
region, continued northeast winds with snow Fer
the upper lake region, northeast winds backing 10
southeast, with partly cloudy weather and coptiu.
ued srow on Lake Michigan. For the Ohio valley
ara sonin Atlantic states falling barometer cloud
and rain. For the gulf states, falling barometer
and rain, followed by northwes:erly winds and low
or temperature during Monday night Cauti0nary
signals were ordered for Norfolk, Cape Henri
Cape May, Peck's Beach, Atlantic City and Long
Branch. -o