davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-10-04
THE NORTHERN PACIFIC RAIL
ROAD.

Yesterday the case OF Enjah Myers vs.. the North
ern Pacific Ralroad Jay Cooke ana W. Is. Ogden,
came before Judge Dlatchlord in the United states
Circuit Court. This suit mad been originally com
menced IN the state Court and upon motion oi the
defendants 1t was removed into the United states
Circuit Court together with the papers. some Or
them. II was an action instituted by the plainun,
Myers, 10 ioreclose the mortgage which was given
by Cooke and Ogden, as trustees for The railroad
company, to secure the bondholders and against
the railroad company to enjoin them rom issuing
any more seyen-thirty bonds they, It being
alleged, having stipulated to only $50 COO oG0
OF seven-thlrty bonds, aud 10 remove every posi-
bic cloud rom the title. Counse! ior the palntG
made motion TO remit the cause back 70 the STATE
tolrt, ana, IN doug so, submitted the following
points To the Court
There is no petition before the Court. The bond
Is not good ana suficient surety anu IS not bond
WITHIN the purvlew o. the statute. There is no
liability, or alleged habily charged against the
corporation defendants. The order OF removal
did not work a removal as to Jay Cooke anu VII
liam Il. Ogden the trustees. The railroad COM
pany IS NOT a corporation, not having compled
fore, asked the part OF the palntir ior
order declaring that tne cause IS not IN TINS court
by reason OF non compliance with the law Of 1865.
II the cause is here then plaintin asks Tor an order
splitting the cause as 10 Jay Cooke and Ogden,
and proceeding as TO them IN the state Court.
counsel lor defendants submitted some points,
tending to show that the case Dad not, directed
IN the order, been removed lnto the next session
granted, ana tnat All the papers IN the case nad
not been lled IN this court.
Counsel Tor plaintiff said he had fled al the
papers he deem ed necessary ana Il Others were
necessary he would rle them now, lunc pro tune.
by reason o. the objections ne Aad stated he neld
that, ira rIncn as the raj road company had not
shown tney were corporate body under tho laws
OF Congress the supreme Court OF The state nad
no jurisdiction 20 remove the case mo the Lnltei
States Circuit Court and that the circuit Court
had lurisdlcuOn 10 remit the cause TO the state
Court. Tue relei asked Tor ~ against jay Cooke
and w. b. ogden was entneiy different a. re-
garded the renef sought Tor against the railroad
company.
Counsel for defendant replied il was no doubt
the law that corporation could not h!e petit
tlon, but such petition cOu4d le fled on behalf OF
n corporation by an attorney. IL appeared from
The papers ana from the AFFIDAVIT OF the President
OF the railroad company. that the company Nad
been regularly incorporated according TO toe laws
Oi Congress.
The Judge look tue papers and reserved MS de-
The New York herald., 1874-10-04
KINGS COUNTY COURT OF SESSIONS.
Condition OF the County Institutions lie.
ported Upon by the Grand Jury.
Dc,ore Judge Moore,

The Grand Jury on ccming into court yesterday
forenoon presented. besides their batch OF indlct-
men.s a communication concerning their VISIT 20
and Inspection Of the puollc institutions OF the
county. They examined the mode o. vent!la-
ton, beds and bedding; food. manner OF cooking
and serving the same. &c. They congratulate the
citizens on having such reform atory institution
the PeItcn t!afy. winch tney found "a model OF
neatness, system ana order.n The institution IS
beconing seti-suppoTung. lhe A!rsholSe was not
70 pe found iau!t WIN IN relation either 70 ood or
the care ol The inmates. The Hospital and Lunatic
Asylum were found meat and clean ana the iood
o good qualty and pienty Of IT, Taere are no
bad stores served our. The nursery Is badly ven
tllated. and the children were not as clean
thew should oe. Tue supplies were generally of
good quaIty. The Raymond street Jan was as
clean is possible in such a building. The struc-
ture is too small lot the number prisoners con-
flned In IT, Cells on the male side, when are IN
tended for two occupants. have as manv as six
prisoners IN them. Toe apartments FOR witnesses
are wretcaed, and the treatment OF witnesses
confined IS burning shame 10 Kings county,
The all Is presented as "a disgrace TO The city and
county and one tnat ought 10 be removed al once.n
Tue Grand Jury was discharged with the thanks
The Court.
The New York herald., 1874-10-04

when ne brought TO her glass OF brandy.
San Wa,ca Was not sn sne ,a n sad' what she
An hour or so later he again entered her room and
annoyed her consderaol, by his bad behavior IN
denied the charge. and the Court turned 70 con-
suit with Judge Smith, who occupied seat on the
bench. Tie cloud OF uncertainty that had pre-
viously SAT on the COURTS troubled coun tenance
had entirely disappeared when he again faced the
saT ~ w sae case oG wan o.
Grand Central depot on the arrival there OF tine
train.
Pitiable Case.
Dennis Hickey. OF No. se4 second avenue, was
arragned complaint OF his wiie who with a
small baby IN her arms, took the witness stand
and swore that the accused attempted 10 throw
her out OF the window Yesterday morning.
Wel.n said the Court, .'whaJ shali | do with
him for you. send him up for SIX months s' .0h,
no slr,'' said the afiicted woman, ''wno would
.4en snppOT; mysei Ss and md, my child ~ 81 90 not
puzzled. year ago Hickey had broken his wi!e's
jaw IN tGree places: but. as in the
lated TO prosecute him. She now also refused TO
send him On the Island. but only because she
would rnen have no one to support her. the pris-
oner was therefore discharged with a reprimand
Disorderly Conduct in the Rink.
william Johnson, young man OF quite respect
able appearance, was arragned a charge OF
being guilty OF disorderly conduct at the American
Institute Fair, in the Rink. He was found con-
cealei under one of the show tables, and had at
tempted 70 INT a laav's dress, when Officer Rodg-
ers. OF he Nineteenth precinct. arrested him,
deputy sherln's badge found in his possession,
ana m oo e an " m IN nna
avenue. lie waa lined $40, IN default Of which he
was committed
CHARGED WITH BUYING STOLEN PROPERTY.
owen McManus a barEeeper, residing at No. 513
Eas Thirteenth street, was brought up to answer
a charge OF buying morse and wagon alleged 70
have been stolen. He hed tor examination,
and an effort Will be made to arrest the person
from whom the property was purchased.
The New York herald., 1874-10-04
THE COUR rs.
The Northern Pacific Railroad and
Jay Cooke.
THE OPENING or THE COURTS,
Full Calendars and Heavy Work
for the Judges.

In the matter OF the Central Branch Union Pa
cinc Railroad Company an order was yesterday
granted by Judge Douahue, IN Supreme Court,
Chambers to compei Enlngham II. Nichols
Treasurer Of the company, to show cause why he
should deposit with the Clerk OF the Court the
books previously ordered to be produced by him
BY order or The Court dated May ~ 1874. and fur
iher 70 SHOW cause why he should not he punished
for contempt in not obeylng the order OF the
Gourl ot May %, 1874. referred TO.
IN the suit OF Cornelius Callahan, formerly Ser
reant-at-Arms for the Board OF Aldermen, against
Inc Board or Audit, to recover balance OF salary,
trIed before Judge McAdam in the Marine Court
II was neld that the action OF tine Board in refus-
mg 10 pay the salary afhxed 70 the once by the
Board of Aldermen was Illegal, and that the plain
tin was emitted TO recover the balance sued Tor.
and for which Judgment was awarded. This de-
cislon win affect great many similar claims pend
1Dg against the city.
The New York herald., 1874-10-04
fNri0nipus ASA ulv.
JEFFERSON MARKET POLICE COURT.
..Ise Loved Not Wisely

Before Judge Flammcr.
About two weeks ago, Henry Lang. o good look
ing German-American youth, about twenty years
OF age living az No. 374 Seventh avenue, became
acquaiDte with an English woman named Marian
Woods, lately arrived in this country. Young
Lang fell desperately ia love with Marian and
begged leave to visit her. she accorded MIN the
required Mission, and after visiting daily for
some ten days, proposed marrla &c. Lang
WAS accepted, anu the twain were mar
ned on sunday night last, at ten
o'clock, nv the Rev. Mr. Gelsenneimer, pastor
~ the Lutheran church, corner u Fifteenth street
ana sixth avenue. On Tuesday night Marian and
Henry quarreel, and On Wednesday night Henry
came hOme to ms wife IN an iDepTiated condition
and threatened TO cut her throat with razor.
He was arrested and brought before Judge Fiam-
meT, ~ Jefersoa Market, and held Tor examna-
ton tlli yesterday. Young Lang. being put on
MS defence through his counsel Mr.. McClelland,
stated TO the Court that he married Marian
IN g0od iaith. After his marriage nc
discovered that the house in which his wiie
living was house OF ill repute. He DENIED that
he intended to use any violence toward her, but
said that hc Quarreled on account Of sonc sup
posed treacherY toward him. and demanded that
She should leave the house winch sne re used 10
DO. Lang was held IN $1,000 bail to answer on
charge OF assault and battery.
The New York herald., 1874-10-04
VENTILATE THE STREET CARS.
% THE EDITOR or THE HERaLD:-

TO THE EDITOR or THE HERsLD:-
few weeks more and winter will be upon us.
There Is get time, however Tor the Board OF Health
to take action towards relieving passengers who
are compelled to use the Eighth and Ninth avenue
railroad cars by providing means TO admit sum-
cient lreah afr IN those pestlence breeding cara
vans. VIII YOU have the goodness to poke up
those old gentlemen, and ADVISE them TO do some
thing IN the matter; otherwise we shall be under
the necessity OF making personal appeal to the
next Leg Iature. vita view 10 substituting live
men IN tneir places
Can none ~ yUur readers suggest a remedy for
he fyTegolng evil OXYGEN,
The New York herald., 1874-10-04

cases and sixty to be heard at the Equity Term,
which VIII be heard by Judge Larremore. the
lriai Term Will be held respectively by Judges
Loew and J. +. Daly, aid Chambers Dy Judge Rob
inson.
MANUFACTURING CITIZENS.
Keeping the machinery or naturailZation IN
working order viii occupy ali the leisure time o.
mon Pleas from this iime on. TIL within ten days
ot the ensuing election. The process OF 'grindlng
out citizens as it Is called IS going on with all
the accustomed yigor.
GETTING JCRiES.
This is one OF the Jobs OF the new legal year
ana dlIiicult job IL is. as Mr. Douglas Taylor
TIE Commissioner OF Jurors, finds ~. lie has
already summoned l,l0o Jurors out OF which num-
Der over 500 have sought o be excused. For the
past week Mi. Taylor mas had no rest. He Is even
besieged at night. He has not excused one, but
hoarse he cannot speak above whisper.
THE MARINE COURT
Four nry rrial terms VIII be held IN this Court
besides General and special terms and Chambers.
Here the Judges nave an amount OF work cut out
Tor them that win occupy time and require an
amount or labor not generally supposed TO attach
10 the duties Ol the bench. The devotion, how
ever. of the judges 70 their work, eXemphfed by
the holding OF terms through the months OF July
anu August, when al the otner courts are closed,
shows tnat nothing VIII oe wanting on their part
10 meet all the puOuc requirements attaching 10
them. AS much cannot be SAID OF those whose
duty ii is 10 provide Tor the accommodation o. the
judges ~ holling court and Tor the needui clefi-
cal work following thereon. The Judges oi the Court
have made pressing application lor lurther ac-
commodatton. and II j. 10 be hoped, in the inter-
est Of the public that their request will be at once
acceded TO.
The New York herald., 1874-10-04
BROOKLYN COURTS.
CITY COURT-SPECIAL TERM.
Tho Sale of Lager Beer on SuMdn J

Tho Sale of Lager Beer on Sunday.
Before Judge McCue.
The case Of Augustus ". jacobs, the proprietor
OF Ilvon Garden. aga nst the Board OF Excise IN
which The Judge denied n otion for an Injunction
10 restrain the Board from interfering with him.
was reargued before Judge McCue yesterday. The
counsel tor the PLAIN argued that keeping open
on ,undar was not IN violation OF the Excise law,
ana that the statute only made II an offence to
Keep open between the hours OF one ana five A.
NJ. The Court took the papers and reserved It's
decision.
The Libel suits OF Henry e. Bowen
Against the Brooklyn Eagle.
Before Judge Nelson.
Mr. william c. De Witt appeared in the City
Court before Judge Nelson yesterday morning and
moved that the two actions for libel brought by
Mr. Henry G. Bowen against the Brooklyn D0ity
Edqle be consolidated INTO one. he SAID that the
statute provided that ''wnere there several
suits IL the same Court, by the same defendant in
'~'ng substantially the same offence. the Court
II deemed 1t eXpedient, order tile sew
Is to lie consolidated into one' The first
OF these acuon9 was ior publisning an interview,
ALLEGED TO have been naG wi.n Mr. Bowen, VINO
j. alleged 70 have been connected with what
Is known as the Eeecher scandal The only
SPECIFIC matter IN the interview is IN The rea.
ton alleged 70 exist between the plaintin and
the Beecher controversy. In connection with
ms interview, wAlch seems to constitute tne
source oi these libel suits, are the editorials re-
lating to the mtervies and the subject mat
ter oi the interview. These three articles
constitute the alleged hoels n the first
suit. The second suit is brought Tor
the article in which IL publishes the aflday.
o. the reporter VINO alleges tnat ne had this IN
SCI sand that his affidavit shows that the offence
was substantially The same, bringing out only as
these asan N Bowen ~ ,onchna ne hs
alleged relationship with the Beecher scandal.
The notion was opposed by Mr.. Bowen's coun-
SCI! Tne Judge TOOK the papers ana reserved ms
decision.
The New York herald., 1874-10-04
ESSEX MARKET POLICE COURT.
Attempted Burglary.


Early yesterday morning Ofiicer Richard Loae-t
or the Seventeenth precinct, saw William Hamnn
crawling over the ianllght OF the hall door OF No
l3o Fast Thirteenth street. This door connects
the restaurant Sept by William Bopand Mr.. Bo-
band, VINO sleeps in the mouse, was awakened by
the oifeer, and Jimmy was lound near the inner
door leading from the hail. Hamin was arraigned
before Judge kllorefh and held IN $1,000 bah to
answer on charge Of attempted burglary.
F-ionious Assault.
Peter Hon. OF 40. lis Wiliett street was at
tackled in the street, on Thursday night last, by
Gustave Rohof, and stabbed twice in the thigh
and hip. Rohon was taken to the police station
where his wounds were dressed. Robot was ar
rested bv 0tlicer UhT o. the Seventeenth precinct
The New York herald., 1874-10-04
THE PUBLIC WORKS.

Commissioner Van Mort makes the .onoAing
statement or public moneys received By the De-
partmcnt OF Pubic works during the week ending
to-day SATURDAY. g.
The New York herald., 1874-10-04
PIrTY-sBvBNTH STREET POLICE COURT.
A wife Brater Comm iftea.
Before Judge Otterbourg.


Henry Krunge was committed to wait the re-
suit 0l INJURIES inflicted by him his wife, Rosey,
VINO l. now IN the hospital. Tney live in a shanty
ia SixtY-sixth street, near Ninth avenue, where.
on FRIDAY nght, whle intoxicated, he beat her III
a brutal manner.
Alleged Keeper Of a DisOrdcrly House.
Annie Pearsal, OF east Fifteenth street, was
charged with keeping disorderiy house. Five
women found in the house were also arraigned on
q charge OF disc rderly conduct. Mr.. Nathan Ncs
bltt who appear ed for the whole party, moved Tor
tie discharge OF the five women, on the ground
mat their quit depended on the conviction Of
Mss Pearsal and the house being proved o dis
orQery one, which had not yet been done. The
motion was denied for the time being and the case
?. Mrs. Pearsall taken up, which was disposed of
by h0anQ her TO bail Tor examination. OGlcer
Malleh, ot the Eighteenth precinct, who made the
arrests was then examined; but he could prove
nothing definite against the i've women, and they
We're discharged. The complaint against the prem.
house.
W sO Jurg-dictfon.
ROBERT Johnson, a col0red man, was charged
with dlsordefS conduct toward lady who was
passenger 10 The express train that arrived Ia
'hs city rom Boston on Friday night. Johnson is
. waiter emnoNd on the train, and was re-
auested ~ ihe My TO bring some refresh
menus az nine o'cloN TO her sleeping apartment
J Ae az no, 40 80 \ntu nsarg twelve O'Clock,
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22
Miscellaneous Advertisements.
An Ordinance

To require owners Of property binding on
the south sidp of Main street to grade and
pave the Sidewalks in front Of their re
spcctive propcHies:
WHEREAS, A request in writing has
w been presented TO the Mayor end
Connclmcn of Fros,burg, by the owners OF
u majority Of the front feet of ground bind
ing on The south side of Main street within
the corporate limits of She town, TO cause
the sidewalk along the same TO he graded
and paved. therefore,
SEC /. BE il enacted and ordained by the
Navor and touucilmcn of Frostburg That
all owners of properly on the south side of
Main street within the corporate limits OF
the town. be and they are hereby required,
within sixty days from the date of this or
dinancc, to grade and pave the sidewalk
in front of their respective properties
SEC. ,. And be it enacted and ordained,
That the material TO be used i'll laying said
pavement may be stone brick or boards,
If made at bricl; or stone curb stone shall
bc used; if OF b1ards they shall be III least
two inch,s thick and but eight inc lts W de,
and in all cases, the pavcmcnts shall he SIN
feet wide.
SEC. 3 And be it enacted and or Ia II d,
That in all cases where persons shall fan To
comply with the requirements OF the PIE ed-
ing sections, it shall be the duty of the street
committee to cause the sidewalks to be gra-
dcd and paved or otherwise improved and
levy the expenses therefor ON the proper
~ building thtr,u ION u ID C 'llcci the sane
as directed by Section 24 of AN Act To III
corporate the town of Frostburg, approv-
ed March ID, 1870.
Sec. j. And be il enacted and ordained,
That this ordinance shall take effect from
the date of its passage.
Approved, August II, 1874!
ALDEN CLARl, Mayor.
Trst-JnuN = GROVE. Clerk
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22
LOCAL CORR ESPOHDENCE.


FRosTBURG, MD, AUG 10, 1874.
Mr.. EDITOR The statement made bv
Mrs. Ellen Cassidy in the CumbcraI d
Times of recent date with reference to
the part | assumed in her arrest is wholly
incorrect. The facts are these: Constable
Owen Evans met me ON his way to make
the arrest and requested me to accompany
him. Arriving at the house it was found
closed. Evans opened one of the doors
and entered. After few moments he call
cd me in when | found Mrs Cassidy
lying on the floor very drunk. 1t was
necessary, therefore, for us to carry her,
which we did to the McCulloh House
where IA carriage was procured in which
she was thence conveyed to the lookup.
FREDERICK HARDING, Policeman,
Cumberland Times please copy
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22
PENNSYLVANIA Military Academy.

4 IlESTER, pA-(For hnat.icrs only.l-
' s4osSion opens Wednesday, September
9th. Legation hcnl'lfnl Grounds ample =;
Buildings oomnodinus; Course of Studies
extensive. Thorough instruction i'll tiv'l
and Mechanical Engineering, the Classics,
and English ;cappful oversight of themorals
and manners of Cadets. For circulars apply
to W. H. Ravcnscraft, NJ d., James Kane
Esq, A. f. llitchins, i,Sp,G y Mcculloh
Est, patrons of the Academy in Frostburg,
or to COL Thco. Hyatt. July lS-2m
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22
Private School
FOR
YOUNG LADIES AND CHILDREN
EroStburg. Nd.

rENlE exercises of this school will he re
/ stunned in odd Fellows Building on
MONDAY, SEPTEMBER It'll 1874.
The Course of Study will embrace the
Elementary and Higher English Branch s
aud Mathematics. Lessons i'll Music on the
Piano will also be given. Charges OF TUT
ton will range from - TO $40 per quarter
according to the advancement OF the pupil,
or the number entered by one patron The
children of ministers Of the gospel will J t
charged but half price
IL making this announcement OF the re-
opening Of my School, would avail my
self of the opportunity torcturn my thanks
TO my patrons for the liberal patronage eA-
tended me during the past year, and, III so
letting the same for the future, To promise
them to direct my best efforts towards the
intellectual, moral and refined culture OF
their daughters OF wards.
SUE \. GROVE,
AuwlJ Principal.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

WILL DO WITH ALL GOODS HE IS CONSTA NTf RECEIVING
He quantities fails
keep him having fun stock
quantity him to
other Heavy
partners public being
Goods every kind, such AInc Of color and quality
Newport SutEgs; Men iopins rl lilue and
Linen Sutngso Is cent less
Black Silks, the different qualities 80 cents yard less
months 400 pieces best make of Prints
yard brown Mi 1kn Table linens and CRASHES;
sand al
Ready Made Clothing
Men
latest style Hats and handsome APPS SHOES work
Bows Scrf and Ties Shirts Su"n.rs domestic and
ard Trimmings lt ,r' and regular made Hose plain
hcsq and Oil
Cutler Cooks
al n
villas hntafn dollar
lssq hand
think that anything horn said ped1 to eue deceive,
all all will
ana to all guarantee accommolotlon5.
Mayo MARX WlNELAND
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22
New Advertisements.
PROPERTY FOR SALE

5 desire to close my business, alter
\ for sale LIFE ESTATE INTEREST
IN the property now occupied by me for q
Saloon on Union street, two doors east Of
water street, This property will be sold at
Il reasonable price and on accommodating
terms. fhc house is % by 20 feet and con
talns three rooms. The stand is an excel
lent one Tor the business now carried ON
therein.
also hereby notify all persons who are
indebted to me to at once settle their ac-
counts; otherwise, will have to collect the
same by process of law.
Aug % A. WEISENBORN.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

PERSONAL J. f. Wood, Esq, editor
of the Piedmont independent, and 7. +.
McCardcll, Esq of the Cumberland Times,
were in town Sunday last in attendance
upon the ceremony of blessing the bells
of St Michacls
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

PREAcnING.-at the English Baptist
Church tomorrow (Sunday morning at 10!
O'Clock, by the pastor, Rev. J. r. Bradford
Suhject-",Fhe fauticss congregation
There will be service in St Johns Epis
copal Church Sunday afternoon at 81
O'Clock. Rev. J. w. Mott of Mt Savage
will nfficiatc
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

SCuooL.-It should not be forgotten that
Miss she \. Groves Private School Will
resume exercises in Odd Fellows Building,
Sent 18th. next See advertisement.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

THE FIRST OF THE SEAsON.-Mr. John
Twigg recently killed the first deer of the
season at point beyond Eowcry Furnace.
II is said the mountains are unusually full
of this species of game this year, and the
prospects for a season of sport are consc-
qucntlv good
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

d. 8. DEWITT, formerly Of this place, has
recently become connected with the large
wholesale and retail boot and shoe firm OF
Carroll, Adams & Co, of Baltimore
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

CRITICAL iLLSEss-Sincc his arrival
home last Saturday Alex. Sloan, Esq, of Lo-
naconng, has been critically ill., At one
time in the early part OF this week he was
not expected to live. lie has since rallied,
and the f|r@cnt hopes of his family and
friends have been revived A citizen so
good and useful cannot be spared without
great loss TO the community.
Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-08-22

CONE AGAIN-Thc era of dust. Inc
cindcr panacca has not been appied W our
part of the street yet.