davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
EX-BOSS TWEED.
The Imprisonment Controversy Ludlow Street
or the neutrality-suspicious. Reserved.
BUSINESS TN THE OTHER COURTS.
The McGuire-stemmler Case-A New Trial
Ordered-A Question of Straw Ba;l-verdict
Against the New York and New Haven
Railroad Company-Convictions and
Sentences in the General Sessions.

Judge Mcguire has been successful in his app
cation for trial in settlement Of his contro
yersy with Judge Stemmler, as 20 which was
elected in 1869, Judge of the seventh District civil
Court. In granting the motion Judge Van Brunt,
OF the Supreme Court bases his decision upon Aft
Gavits submitted on behalf of Judge McGuire, the
purport OF which has already been published In
the HERALD
The attention of the General Term OF the Court
OF Common Pleas was occupied mostly yesterday
Judge Hogan, brought forward a test case to
carry 10 the Court OF Appeals with view to set
ting the question OF the legality OF the removal of
the old police justices ana the appointment by the
Mayor and Board OF Aldermen OF the new justices.
The man ground taken was that the Office oil pO-
lice Justice was elective, and that appointments to
this Office are in violation OF the State constitu-
ton.
Upon the demurrer interposed in the action
brought by Oliver Charlick against the proprietors
OF the EUenlag Post for 5000 for alleged libel
Judge Robinson, OF the Court OF Common Pleas,
yesterday rendered his decision. He overrules
the demurrer, with leave to defendants to answer
in ten days.
In the Grau-Rullman case heretofore reported
in the HERALD, Judge Larremore, OF the Court
OF Common Pleas. yesterday denied the motion as
to dissolution Of partnership on accounting and
appointment or a receiver. TIE DENIAL however,
is without prejudice to It's renewal.
In the Winship divorce suit Judge Donahue, OF
the Supreme Court, yesterday granted precept
committing Mr.. Winshlp 10 Ludlow street jail Tor
contempt OF court in not complying with the or
der as to payment of alimony ana counsel fee.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
COURT OF GENERAL SESSIONS.
Rurglaries nnd Larcenies.
Rpinrn IulOn Sntharland

In this Court, yesterday, James King IA YOUTH
was tried and convicted Of burglary in the third
degree. II appeared from the evidence OF the
prosecution that on the night the 23d OF February
the cloth hnsning establishment OF Henry c. Will
helIni, No. 1870 Centre street. was broken into aDd
eight pieces OF cloth stolen. police officer chased
the prisoner and another who escaped, and arrest.
ed him in an aieyway with two pieces OF cloth in
his POSSESSION,
Joseph Regan pleaded guilty TO an Indictment
charging nm WIN steahn2 silver watch worth
SIS from the person OF john A. Keller on the 6th OF
TINS month.
King and Regain were each sent TO the state
Prison Tor Jour years.
Phillp Beyer pleaded guilty to an Indictment
charging him with stealing sl75 worth Of wearing
apparel from Charles A. kimball on the 6tD inst
lie was sent TO the state Prison Tor three years
Ellen White. charged with stealing pocket.
BOOK, containing SIC, ron the person OF Eliza Pat
tersoD, While she was looking into show window,
pleaded gnilty 10 au attempt.
William O'Neii who on the 26tb OF February
stole IRON the person OF George Hastings 500
pleaded guilty 10 az attempt at petty larceny from
the person.
These prisoners were each sent 10 The state
Prison Tor two years ana SIX months.
John Rellley pleaded guilty 70 an atternpt at
grand larceny. Tne allegation was that IN thc
5bh OF this month he stole S45 from the Dergop or
Herman smith. State Prison ior one year was The
sentence imposed by the Court.
Patrick Sullivan, who, on the 4tb of Feprnary
cut Margaret sullivan with "a knife, nleaded guilty
70 simple assault and battery. He was sent to
the PenItentary FOR one year.
Youthful Prize BOX swIndlcrs sent in
the Pcnifentiary.
William y. Mansfield and FRANK G. Aston, youths
pleaded guilty TO an indictment charging them
with false pretences. These young rascals and
number Of others succeeded in inducing people
to purchase prize boxes OF soap in the streets
Tor the sum OF 81. with the assurance that they
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
eSsEI MABSeT POLICE COUlT.
Still Another Hearing of the Cha IA ber'
IAin-W likes Libel Suit.
Before Justice OtterbOurg.

still Another Hearing OF the Chamber.
Iain-VVilkes Libel suit.
Before Justice Otterbourg.
The famous libel suit OF John f. Chamberlain, the
man OF sporting notoriety, against George Wilkes,
the proprietor OF the SPIRIT or the Times, was up
again yesterday for further hearing. Heretofore
the time OF the Court has been taken up in listen
ing TO arguments arising rom questions pro-
pounded by Mr.. Wilkes counsel to Mr..
chamberlain, and touching on portions OF
the latter's life. The crosse EXAMINATION
OF Mr.. Chamberlain was continued yesterday
by Mr.. Courtney. In answer TO question as to
whether he did not mention TO several parties that
the iOnr lamps before his club house at Long
Branch were furnished him Dy William H. Tweed,
or, as he iamiiiary termed him, "The Ola Man. at
the expense of the city, Chamberlain replied that
he never received the lamps from the city, but that
he had purchased them from John Mcbride David
son. Mr.. Courtney, on behalf OF Mr.. Wilkes, said
that, owing to the extreme reucence OF Mr.. Cham
berlain on matters connected with his whole life
and the rulings OF the Justice, he would have to
make a preliminary motion Tor disnlf0sal OF the
complaint before Introducing atirmatory tesJl-
mOny showing that the incidents in the life OF Mr..
Chamberlain to Which he had endeav0red to
direct attention had all taken place and were mat
tiers OF record
The case was adjourned until saturday, when
the motion Will he made.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
MAXINE C0uR1-pAAT l.
Accident from a street Fire.
Before Judge Spaulding.

beioIe JuuRc Spauluing.
McArdle vs.. Fagan.-Deiendant Is a wheeiwright
doing business in Sixteenth street, and was for.
merly in the habit OF building fires IN the street in
front OF his shop Tor the purpose OF heating wheel
tires. In May 1873, the plaintiff little girl Of
two years, was passing along the street IN care
OF an Older girl named Mary McMuliin, who
says that just they came up opposite
the fire a man threw on some wood or
stirred up the fire, whcn caused the sparks to
ny. and one struck the lltte girls eye and burned
1t severely. The child's parents testified that her
eye became badly Inilamed IN consequence OF the
burn, and continued so Tor nearly three months
causing hergreat pam. DR.. Pomeroy, who attended
the child lor hve or SIX weeks, said there was
severe inflammation OF the eyelid 'and eyebal
but that the eye, nc thought, was now perfectly
restored. For the defence it was claimed that it
was not negligence on the part Of the defendant
10 build fires III tine street for the purposes OF his
trade, but the Court charged the jury that the
streets were for the use OF tine public generally
and no one mad right to Obstruct them by build
ing fires. the jury rendered verdict for the
plaintiff for $50.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
C0RON Frs CASES.
The Fatal Rurntn. of Mrs. ma

The Fatal Burntn. of Mrs. ManRin.
Yesterday morning Mrs. Mary Carney was
brought before Coroner Woltman TO give her testi-
mony IN the case OF Ann Mangin, late Of No. POS
West Twentieth street, who was burned TO death
on Saturday night by her clothes taking fire in
consequence OF the breaking OF Kerosene Oil
lamp, alleged to have been thrown at her by her
husband, owen Mangin, as heretofore published in
the HERALD Mrs. Carney made an affidavit, in
which she detailed at length the domestic dinicul.
ties which existed between Mangin and his wife
owing TO Their incorporate habits and incompati-
bty OF temper. When Mangn came home late
intoxicated MS wife abused him most outra-
gcously, anu while liking the lamp being unaoie to
endure tne abuse any longer, he threw or dropped
II against the stove. AS the lamp dropped an
explosion followed, and the clothes OF MIS-. Mang!D,
VINO stood some leet from her husband. caught
fire. me witness emphaticall denied That
MaDgin had thrown the lamp at deceased The
above Is the substance OF the witness testimony.
she was sent TO the House OF Detention 30 await
the result OF the iuuucst
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
COURT OF CeSlMnk pLeAs-SpECllL TE

New Phase I'm the Winston En-. lisn
Libel Suit.
Before Judge Larremo.e.
The long pending Winston libel suit though set
tied, as alleged, as regards the immediate parties
IN interest. has come before the courts In a new
phase-a phase involving the not inirequent ques-
ton OF straw bail. From the papers submitted to
the Court it appears that when English was ar
rested in default OF $4,000 bail he arranged with
one Charles J. Grinteau to procure the required
bail, and gave the latter his check for
$3.50. Of which $500 was to be paid
to his bOndsmen, and the remainder to be kept by
Mr.. Grrteau as payment for his trouble. 1t was
subsequently learned alleged, that MIR. Grin
teau Kept the entire amount, and on his refusal to
pay back $500 suit was brought Tor It's recovery,
and meantime the latter was held TO bail under an
order OF arrest Motion was made to vacate this
order, and the case came up lOr argument in this
Court. The defence was The money was solely for
his services and not to pay bondsmen, and that,
the bail offered proving worthless, he stood ready
10 furnish other bail The motion was denied
Decisions.
Webster VS.. Observation-Disclosures granted.
Harrison VS.. Conger.-stay of proceedings va
Gated.
Grau vs.. Puman.-Motion for receiver and in
junction denied, without prejudice.
Shea VS.. NEUTRALITY-SUSPICIOUS. allowed on pay
mentS OF costs OF motion ana all costs before
tice OF trial.
Curry vs.. Curry.-Divorce granted. Custody of
child awarded TO plaintiff.
Hirsch VS.. Vogl.-see memorandum for counsel.
Morris ct al. vs.. Hiler.-Appication to remove
receiver denied. Suretes may be discharged after
accounting had.
Slater vs. Martin.--Default opened on payment
OF costs
Adams VS.. Lockwood. Judgment ordered.
Barnes vs.. Barnes.-ApplicatiOn granted
Morrison VS.. Buddensick.-Prooi OF service of
notice oil confirmation required.
BY Judge Robinson.
Chariick Brvant-Demurrer Oycrruled
opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
CnLhI Qf SEsSIlas.
Ex-Deputy Collector Gill Arraigned.
Before Judge Moore.

Before Judge Moore.
Captain A. w. II. GIL. eX.deputy collector OF
taxes, who Is indicted the charge OF having
stolen money from the city, was arragned yester
day. Deslrous OF being spared the annoyance Of
listening TO the reading OF the fifteen indictments
against him (which would consume a couple of
hOurs) he asked Counsellor Ready to waive the
reading, which was done. The prisoner pleaded
not guilty. Counsel requested That the bail be
fixed at as low an amount as possible, as the pris
was poor man, and several OF his friends
would go ban tor him If the bail was not too heavy
Judge Moore Will fix the amount to-day.
A Druukcn and Obstinnte Juryman.
Joseph Harvey was tried for highway robbery
The complaining witness, Robert Toad, swore that
on the 18th OF January last the prisoner attacked
him in Elizabeth street, and robbed MIN of So and
a tobacco box. When The jury went into their
room to deliberate to what their verdict should
be 1t found that one OF them. Thomas SILL
man, showed unmistakabe evidences OF being
drunk. He became very obstinate and emDhati-
cally refused to agree with his fellow jurymen.
Finally the latter lost their patience and the Tore
man sent the following note down TO Judge
MOore:-
We TO report that have all agreed except
one man and he Is intoxicated have lost his
reason. GEORGE NICHOLS, Foreman.
Judge Moore Immediately sent Tor the Jury In
they came, and, sure enough, Silllman was booty
Judge Moore committed him TO Jail, saying that he
would attend TO his case In the morning.
The other jurors were discharged with the thanks
OF the Court. The Judge commended them for
notifying him OF Sillimans condition, as IL would
avert trouble over harvey's case hereafter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
EX-" BOSS" TWEED.
The Effort to Change His Place OF linz
prisonment from the Penitentiary to
the County Jail--FUrther Proceedings
in CGurt=DecisiOn Received.

the County JaiI-Further Proceedings
in CONFEDERATION Reserved.
The retlnue Of lawyers engaged in lighting the
legal battles OF ex-"Boss' Tweed were promptly
on hand at the opening yesterday morning OF the
Court OF oyer and Terniner Judge Brady on the
bench to renew their efforts TO obtain the removal
OF Mr.. Tweed from his Backwelrs ''Island home to
the more assured comforts OF metropolitan lie at
Ludlow Street Jail. Regarding the motion 10
change the Court record 20 as to make it conform
TO the sentence as pronounced by Judge DAVIS,
Assistant District Attorney Allen said that he
would consent to such change OF the record, and
he added that he would Immediately draw an
order to tnat effect 1t was supposed that this
however.
MI. Root said that this was not all the change
entre Court record should be made TO correspond
with the stenographic notes. Judge Davis had
ianed ia several portions and places OF the SEN
tence TO specify any place Of confinement and this
aspect they considered OF sufficient Importance TO
require correction.
Mr.. Peckham protested that he had never heard
oil such Claim before and neither he nor Mr. Phelps
nor MI. Allen supposed such claim would he inter-
posed.
Mr.. Root said that they had sent them notice OF
notion
MI. Peckham acknowledged that they had re.
celVed nolce Of motion 10 cnange the minutes III
regard TO the place OF confinement but not on the
point Just raised. The record, ne insisted was the
highest proof before the Court aud the only person
VINO could change 1t wa, the Judge.
Mr.. Graham SAID they desired that the second
L.
was pronounced without any place of irnprison.
ment being specified. They had been So particular
TO watch this matter that they could produce a
gentlemen VINO went on saturday night TO secure
conclusive evidence as to tue acts rom the OH.
cia steDograp her himself
Mr.. Peckbam replied that he asked no further
evidence OF the unreliabty OF the steuographer
than the luvective OF Nj. Graham himself in the
General Term. When the stenorraphcr puts re-
mark into anybody else's mouth 1t seems TO be all
right
Nj. Graham answered that they all knew the
Fop N hn rnr A was u4t
the sentence pronounced upon Mr.. Tweed go on
the record precisely as uttered. He could show
that Judge Davis wanted TO change 1t, but he
ought first TO order the Clerk to vacatc the order
ana TO call Mr.. Tweed to the bar and sentence
HIM again. To enforce TINS view OF the case he
read ron statute showing this to be, as he
claimed the regular legal procedure.
Mr.. Pecklam said they could not ask Judge
Davis 20 make an afildayit, as 1t would be undIg-
n1iei.
Mr.. Graham stated In reply that they were en-
gagged in preparing q nroreeding In which thew
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
BUSINESS IN THE OTHER COURTS
SUPREME c0uBT-spscAl TERM
The civil Judscship ContrOversy-A
New Trial Ordered.
Rnfn I,alr No,,


Before Judge Van BrUnt.
The long controversy as to whether the ousted
Judge Mcclure or the present de JactO Judge
Stemm.er shall hold the judicial reins IN the
Seventh District Civil Court is to be renewed
again in earnest. Judge Van Brunt, upon
the motion made in favor OF Mr.. MCGUIRE
20 order a new trial on the ground
OF newly discovered evidence gave his decision
Yesterday. granting tie motion. Quite lengthy
opinion was given by the Judge, giving his reasons
for hls decision. II appears that ne hau grave
doubts as 10 the Justice OF the verdict in Mr..
Stemmer's favor. and the afidavit OF MIR. Fields.
published IN the HERALD declaring that he was
bribed into giving his testimony IN Stemmler's
favor, supported by a1idavits OF two other parties
that on the night Of the election in one OF the con-
tested districts they heard the vote announced,
and thar IL corresponded with the Official return
upon which Judge MCGUIRE received his certificate
OF election, puts, he considers, such new COM
peXion on the case As to warrant a new trial. Ihe
announcement OF the decision has put new spirit
and hope IN the Mcclure faction.
Dec .stons.
By Judge Var Brunt.
Robinson vs. Morris.--Judgment FOR plaintiff
with costs.
Winthrop Us. Acknowledgement for defendant
Gray VS.. Green.-Flnoings settled.
Furniss vs.. Furn iss.-Judgment Tor plaintiff.
Spring vs.. Hubbard.-See memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
SUPREME C0UaT-CAAaBfRS.

Decisions.
BY Judge Lawrence.
Bank OF New York VS.. ROmer.- Memorandum.
Lagraye IS. The Mayor, &C.; Vocrhls vs.. Same
MemOrandums ana opinions.
Bovine VS.. Bowne.-Report confirmed and ludg-
ment OF divorce.
By Judge DonOhue.
In the Matter. &C., Sanders; Hall vs. Macrea.-
References ordered.
Schenck VS.. Smith. Motion denied Memoran-
dun.
Ames vs.. Rect; In the Matter, &C., Graham; The
City OF Keokuk VS.. Smythe Trubaul vs. rrubau F.;
Shells va. Shells Nemorandums.
Lyous vs., Walker.-Motion granted.
Sonneborn VS.. Lavatello.-MOtion denied
Lights stone VS.. standardization granted.
Payne VS.. Executors OF Burr.-MOtion granted
ana reference ordered.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
COURT CT c1NROa plea.-THIAL 7EiE-pAs1L

Verdict Against the New York "a nd New
Haven Railroad Company.
Before Judge Loew.7
In the case OF Mrs. Anthony Bronx. who brought
suit against the New York and New Haven Rail
road Company for $4,000 damages, on account Of
her husband being over and Killed by a train
OF its cars at the corner OF SXtyourth street and
Fourth avenue the facts Of which have been pub
hshed in the HERALD, q verdict was yesterday
rendered giving her Sl.4O0
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17

might have to AJAX Judge DAVIS 20 sign an AFFIDAVIT.
The decorous thing for the Judge who made the
order would be 70 amend IL himself IL II required
amendment.
After seine further remarks Judge Brady asked
the gentlemen to pass up their papers, and prom
ised TO render an early decision IN the case.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
Fell Down Stairs.

Coroner Woltman yesterday held an inquest as
No. Il5 Mulberry street the body OF Mrs. Bridget
VIM, forty years OF age and born in Ireland
whose death resulted from injuries received by
accidentally falling down flight OF stars at No. II
Mott street, where she had been calling ON some
Lrieua0.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-17
SUPERIOR CcUaT-SpECiAL TENN,
DecxsiOns

BY Chief Justice Mcneil
The People eX rel. Miller w. Erie and Another
Order settled ana signed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01

crash OF breaking glass, ran to the window and
saw man going through q broken pane in Burg
hard's restaurant. No. Frankfort street. He then
went out in search OF an Officer and met Ofcer
Cummings, OF the sixth precinct, IN Chatham
street. they both went TO tue place together, and
the policeman burst in the door.
man named william King was found in the
place, who. alter q struggle, was secured and 900
cigars found on his person. King. when arrai ned,
stated that he was drunk ana did not know what
he was about. He was held in s., 900 to answer.
Fafthlcss Employees.
Mr.. Charles Morris, OF No. 100 William street, a
photographer, has tor a long time suspected that
some of his employees were robbing him. ON Fri
day he procured q warrant against william Ozark,
his clerk, age0 SIXTEEN ana his foreman, Thomas
Crllley Both were arraigned yesterday charged
with forgery and emDezzlement. In support of
the cOmpanant's allegation he exhibited check,
payable TO his own order, made by George w.
Laird, on which Clark had orged his endorsement
and drawn the money. Criley, 1t is alleged, had
collected certain bills and used his employers
name IN making out receipts without authority.
Crlley was held in $4,000 and Clark In $1,000 bail
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
SUPERIOR CouRT-eENERAL TERM.
Closing Up the Business Of the January
Term.

Term.
Before Judges Freedman, Curtis and Sper.
The Judges OF this Court met yesterday to wind
up the business OF the term. As will be seen Dy
the number OF decisions the Court has not been
idle during the past month.
The following are the decisons:-
Alfred Blusett, respondent VS.. Henry Baker. APP
peuant.-Judgment for respondent. Opinion by
Judge Curtis.
Thomas w. Laid, appellant vs. James Arkett
ct al, respondents. Judgment reversed and new
trial ordered, with costs to abide event. Opinion
by Judge Curtis.
Henry b. Hewitt, appellant VS. Samuel c. Morris,
respondent.-Order appealed from affirmed, with
costs. Opinion by Judge GURUS.
Norris Frank ct al vs. Chemical National Bank
Order appealed from reversed. Opinion by Judge
Curtis.
Israel G. Atwood vs. Margaret Lynch, admins
tratrIx OF Sheriff Lynch, Observation-Disclosures
absolute rendered Ior the defendant. opinion by
Judge Freedman.
vus Isaacs, appellant-Judgment anirmed, with
costs. Opinion by Judge Freedman
James Bishop ct al, appellants, VS.. Empire Trans
portation Company. respondent. order anrmed,
Abraham Alderman, appellant vs. George
Jones, defendant and respondent Exceptions
overruled and Judgment ordered Tor the defendant,
with costs. Opinion by Judge Speir.
Charles A. M. Estes, respondent, vs. Wilffam ".
Burs, Observation-Disclosures and order Appeared
from reversed, with costs to appellant TO abide
event and new trial ordered. Opinion by Judge
Freedman.
Mary A. Lounsherry, appellant vs.. Orlando b.
Potter, Observation-Disclosures appealed from
reversed and new trial granted, with costs TO abide
event. Opinion by Judge Speir.
James blshop ct al, respondents, vs. Empire
transportation Company.-Notice OF appeal having
been served TOO late the appeal must be dismissed,
with costs. opinion by Judge Freedman.
Arthur 1. White, appellant, VS.. Lewis Meals,
ACKNOWLEDGEMENTS overruled ana Judgment
rendered for defendant, with COSTS