davidaulloa/AmericanStories huggingface dataset:
The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-11-03

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The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-11-03

NEW OFFERS! ~
NEW ideas!
See the Grand Gifts
90 -
OUR FIRESIDE FRIEND
NJ Tee E.,1,So~iI>nv,S
The New York herald., 1874-11-06
THE SOUTH OYSTER BAY TRAGEDY.

Conflicting Statements of the Prisoners
Jackson and Jarvis.
The TWO colored men who have made confes-
sion to the murder or Samuel J. Jones, at South
Oyster Bay-Elbert Jackson and Lewis jarvis
are still confined in cells at the Town Hall,
Jamaica. Both prisoners now, by advice Of their
counsel refuse to talk about the murder. Jackson
insists that he has told all that he has to tell but
it is believed by the authorities that neither he
nor jarvis has told the hall. Every DAY 1resn evi
dence Is obtained OF their probable completely in
other crimes, and 1t seems probable that their ar
rest and trial WILL lead to the breaking up OF q
gang OF plunderers VINO have for years been prey
ing upon the farmers and other residents or the
towns or oyster Bay and HemDsteau. Detective
Payne, who IS still busly at work in the quest Tor
evidence, has become thoroughly convinced that
both Jarvis and Jackson IN their efforts not only
TO cast the responsibility 1Or the murder on each
other, but to mislead the authorities, have lied
missing gold watch. Jarvis, only day or two ago,
told him that he had hid the watch IN the thatch
on the roof OF his barn. The roof was, accordingly,
all taken OF in the search for II, but the watch
was not found. thorough search mas also been
made OF JARVIS house, and many articles OF small
value which are known to have been stolen were
brought to light Jarvis has also stated
woods where the body OF the missing
Engllshman, Broadbent. lies buried with the
quences to herself OF committing perjury before
the Coroner at the inquest and OF being an access
sorry both before and after the fact OF the murder,
Is assisting the Of1cers IN every way possible in
their search Tor the watch. Since the arrest OF the
prisoners cloud seems TO have been lifted from
the neighborhood, and In fact the whole town in
characters, but though long suspected none dared
to accuse them Tor lear OF their lives. District
Attorney Downing proposes TO reopen the exam-
nation on Monday or Tuesday next, and, mean
time, every enorL will be made to perfect the
chain OF evidence outside OF their own confessions
The New York herald., 1874-11-06
The ExtraditiOn Treaty with Ger
many---Important Decision.
What Constitutes Contribu-
tive Negligence.
THE ANDY ROBERTS" CASE
Verdict for the Government in the BenOni
Howard Bond Suits.
THE HODGE DEFALCATION

Postmaster General Jewell has addressed COM
muncauon to Postmaster James, Of this city, ask
ing Tor report to the condition OF the case OF
the United States vs. Moses Chamberlain, who Is
indicted for sending an alleged scurrous postal
card through the mails. The Postmaster General
states that he will his best efforts in punish
ing any person who transmits through the mails
cards OF that character. The case OF Chamberlain
went over at the last term OF the United States
Circuit Court. 1t Will probably be tried at the De-
cember term.
Yesterday, Edward Wynants was charged be-
fore Commissioner Shields with having falsely
registered his name as a voter in Mercer street.
He was discharged on his own recognizances.
The case of Gpreke and others vs.. William Ed
ward Quentren, when has already been tried
twice and involves the question OF the payment
OF $50 900 acceptances, came to trial. for the
third time, yesterday, before Judge Van Worst,
holding supreme Court, Circuit. 1t win probably
occupy several days.
The New York herald., 1874-11-06
LONG ISLAND.

The steam mill at Sag Harbor stopped work last
week. Cause, dull times.
The Smithtown Division OF the Sons and Daugh.
ters OF Temperance have surrendered their cnar-
ter to the Grand Division, ana the furniture and
organ belonging to the division were SOLD at pub
Tic auction on Monday.
During the past year the number OF arrests
made by the village officers OF Flushing was 2s4
or these los were for being drunk and disorderly
46 for assault and battery, II or vagrancy, IA lor
larceny, for cruelty to animals, IVr abduction
and Ior murder.
Four lots on Amity street, Flushing have been
purchased by the Methodist church OF that VII
lage, and the society propose the immediate re-
mOval OF their church building from Main street
TO the new location. 1t Is expected that the work
OF removal VIII be commenced within two weeks.
A levy OF 81, ,623 Is to be made upon the taxable
property OF the town OF Brookhaven to make pay
ment OF the awards made by the commissioners
appointed BY county Judge Hedges for damages
incurred In laying out Railroad avenue in Pat
chogue, and laying out the Ferrytown road in
Port Jefferson.
The Superintendents OF the Poor OF Queens
county report considerable increase In the mum.
ber OF paupers supported at the county poor
house this year over last. The Superintendents
ask the Board OF Supervisors tor an appropriation
OF $25 600 for the support and relief OF the poor
during the current year.
The New York herald., 1874-11-06
BROOKLYN.

Work on the Brooklyn tower OF the East River
Bridge win be discontinued for The season on the
Goth inst
Francisco Flllipo, the alleged counterfciter, was
examined before United States commissioner
winslow yesterday, and was held to await the
action OF the Grand Jury.
The skulls OF Ave women and q quantity OF bones
were found yesterday by workmen engaged In ex'
cavating the ground owned by stephen jackson. @
on Quincy street, near Classon avenue. Inc
oldest resident mas no recollection ol DuryinH
ground being loca ed In that vicinity.
fair is now being held IN the school rooms OF
st. Peters Academy, Hicks street, In aid oi tue
parochial school. 1t is the intention OF Rev.
Father Fransloli, the pastor Of the congregation
in question, to have the affair one OF the most
successful ever held in Brooklyn.
Two ItaIian workmen, Pacello ana Vicente
Franco. were buried beneath an embankment yes
terday at the intersection OF Lorimer and Noble
streets, E. d. Pacello expired shortly after being
extrcated, and Vicente was taFen to the City Hos
pital In a very precarious condition. The men re-
sided In Mott street, New York.
General Nelson, City Auditor Of Brooklyn, and q
prominent republican politician was stricken
with paralysis at his place Of residence on Henry
street, Sixth ward, on last Wednesday night and
was yesterday lying IN precarious condltlon'
But little hope is entertained OF his recovery.
The New York herald., 1874-11-06
NEW YORK HERALD FRIDAY NOVEMBER g. SHEET

2-Held BY Judge hAdsm.-Eos. 1851, lllS ia.
1885, 1887, $780, 53l, 532 533 534 $780, 537, 53s, 55s
$40. Part 3-Held By Judge Shea.-Nos. 234 I33
l449 1891, 1435. 1885, 1888, 1890, l66s, 1852 1874
140S, 342, 945, 1l74.
COURT OF GENERAL SEssIoNs-Hed by Judge
Sutherand.-The People vs. John 0'Halloran,
granddaughter; same VS.. John d. Essenger, robbery ;
Same vs. Patrick Madden, ielonious assault and
battery; same Vs. Maggie Middleton, feionions
assault and battery; Same vs. Patrick Malone and
John Finan, bureary; Same vs.. Jonn Dononue,
burglary; Same vs. Charles Grandine, burglary:
Same vs.. John Bryson. burglary; Same Vs. John
Riley, grand larceny; same vs.. George smith;
grand larceny; Same vs. William Funk and Emil
Cootes, grand larceny; Same vs. John Currgan,
grand larceny; Same vs. George Samuels, grand
larceny; Same VS.. Joseph Johnson, grand larceny; I;
same VS.. Frederick Wahie. larceny rom the per-
son; Same vs. John O'Neil. larceny from the per-
son; Same va. Thomas Garvey, larceny from the
person; Same VS.. Daniel McEvoy, larceny nom
the person; Same vs. George stevens, forgery;
same vs. solomon Weiner, false pretences: same
VS.. William Tucker concealed weapons; same vs.
Michael Rockford, concealed weapons.
OYER AND TERMINER-Hed by Judge Barrett
The People VS.. James A. Heaney ieionlous assault
and battery; Same vs. Karel krlstan ana William
Christian, grand larceny.
The New York herald., 1874-11-06
BOARD OF ALDERMEN.

The Vacancy I'm the Excise Board Filled
regular meeting OF the Board was held yester.
day, President Vance in the chair.
The Committee on Lands and Places reported In
favor OF paying the bill Of Frederick Jacks for labor
done on the Central Market Armory, amounting to
a sum TO be determined by the Comptroller as
equitable. Alderman Gilon strongly advocated
the adoption OF this resolution which was adopted
after the preamble was struck out.
The Committee on Arts and Sciences reported In
favor OF the Board recommending to the Board OF
Estimate and Apportionment to appropriate
$500 toward renovating, refurnishing, &C, the
Governors Room IN the City Hall. Alderman
Van Schack raised the point that, inasmuch as
the incoming Board Is so much larger than this
more room will be neeced, which TACT might az
well now be taken into consideration.
Alderman MOnhelmer moved to recommit the
paper TO the committee. which action wss had.
communication was received from His Honor
the Mayor, In which he nominated, 90 1ll the va
cancy IN the Excise Board in place OF Police Com
missioner John K. VooThs, Mr.. william II. Sttner.
On motion OF Alderman John 4. Morris the COM
munlcation was received and confirmed by u vote
OF IL yeas to nay, the latter being the vote OF Al
derman Flanagan.
The new EXCISE Commissioner is q journalist OF
experience, having served as correspondent dur.
ing the entire war. He Is OF German parentaQe
and lifelong resident Of New York city.
The Committee on Arts and Sciences reported In
favor OF allowing picture representing the First
war, receiving medals OF honor from the state of
New York, to be placed in The Governors Room.
Alter passing upon number OF general orders
OF no great public import the Board adjourned.
The New York herald., 1874-11-06
COURT CALENDARs-THIs DAT.

SUPREME ..CoURr-CHAMBERs-HeI by Judge
Lawrence.-Nos. 50, 92, 99. IL, lI6 Ils l27' I'd.
l37, 160 1872 lo4, l67, 165 173, 1884, ls7 1885, 20I 2
221. 22s 2s2, 2i2, Isl, 25s, $50 2sl, 294.
SUPREME COUET-SPECIAL TERa-tield by judge
Van Brunt.-Demurrers.-Nos. 16 22, IL, IL I5 IT,
81 TO- Issues oil law and iact.-Sos III Is6 100
20l, 2o2 2o3 2o4, 2o5 2oo, POI. 2Os 20g 2o 2l1 a2
2l3, ia, 25, ZIG. 2l 21s, 219 220 22l 222 223 2l4
225, 22d 227 21s 22o, 23o, 231 232 23 234 235 238
23 23o, $780, 24o, 2l z42, 24S 244 24j, 24e 247 24s
249.
SUPREME CoURr-CrRcuIr-Par I.-Adiourned
for The term. Part 2--Held by Judge Brady'-snort
Causes-Nos. 392s, 2546 34Ss, 1902. 359s 1896 4Iod
1910, 3e9s a9i6 o636, 1922 1890, 3s74 4l20. AIS,
4l2s 4l2i all6 al2e 1892, 4oso, 4ols. Part s-Held
by Judge Van vorsL-Nos. 2I67, 3s73 4O70 400
1888, 20la 4O33, s089, 4075 1917, 55OgS 1869 3gol
4o53, so43 $685. s7s91s, 3777, 1858, 365, Sol 4ioe
4l27.
SUPERIOR UouRr-TRIAL TERM-Pmt lad.
journed Tor the term. Part 2-Held by Judge cur
tlsNos ll22 1925 500 ese 40. IA, 72o, o72, Cos,
572, 730, 732, 1884, 642, 42s. -
COMMON PLEAs-GESERAL TERM-Teld by Judges
Daily, Larremore and J. r. Day.-Nos l2l los. IL
81 30, 40, 81, SO, 50, 50. 90 1877.
COMMON PLBAs-IRIAL TERf-Part 1--IIeld by
Judge RObinsOD.--Nos 1895, ZOIe I7ll 2l74 Zo55
1921, 1927, 991, l2l4 ll37 777, 2ls, 225 223 1922
MARINE CouRT-TRIAL TERM-Part l-fIeld by
Judge Spauiding.-Nos $780, 1851 1863. 353 1882
l409. go. 52 bz2. bz. 524. 52, 5z7. 52s ba. Part
The New York herald., 1874-11-06
C0NTRIBUTIvE NEGLIGENCE.

Mary McLan child three years OF age, fell into
an unprotected area, sustaining serious injuries
to recover damages for which suit brought
against Thomas Won Goudt, owner or the premises
on which the accident occurred. The complaint
was dismissed. and thereon application was made
20 Judge Curtis, holding Special Term OF the supe-
rior Court, tor new trial. Judge Curtis gave
decision in the case yesterday, denying the appn-
cation. After reviewing the evidence, showing
contributlve negligence on the part OF the iather,
he living next door and having known for a long
tire that the area was unprotected and yet send
ing the child where he knew she would De exposed
10 danger while he watched her, he says IN bis
oplnlon -'The child was OF such tender years that
IL was incapable OF seprotection and could OF be
responsible lor ITS own acts, and by law Of
nature renes upon its parents for guidance and
protection. IL Is not the policy OF the law to
award damages where there mas been relaxation
OF parental duties aud obligations toward q
Ieepie or unprotected Guild. That may tend TO en-
courage or induce neglect Still less, when q
parent by direct act, exposes o child at help
less and tender age TO suffer injury does the law
favor the recovery OF damages ior an injury thns
caused Thls case seems 70 be one where there
was negligence on the part OF the father which
coDtriDuted 10 the plaintiffs injury, and where 40
question OF lact existed TO be submitted TO the
3nrv The Judge at the trial properly granted the
motion 10 dismiss the complaint. The motion lor
new trial must be denied.n
The New York herald., 1874-11-06
WEsTCIIEsTER.

At Yonkers yesterday afternoon the somewhat
novel spectacle was witnessed OF one citizen pro-
pelling another in q wheelbarrow through the
streets, preceded by fife aud drum, 1t being the
result OF wager on the late election.
Those who favor the propagation OF evangelism
at Peekskill are making extensive preparations
for the second annual Convention OF the West
chester County Sabbath School Teachers Assocta-
tiOn, which commences IN that village next Tues
DAY,
Joseph Kob, an irascibe German, was brought
before Justice Belleshelm, at West Mount Vernon,
yesterday afternoon, on o warrant charging him
with having brutally assaulted Margaret Lange, q
poor woman OF three score and ten years. It
seems that the aged female was IN the act Of col
lecting some dry leaves on lot owned by Kolb
when ne attacked ner with Held rake, knocking
her down and beating her numerically. Alter an
examination the accused was committed to stand
his trial at the next Court Oi Sessions.
The shooting at and wounding Of Joseph Brtn.
ming by George Appel In the Vicinity Of West
Mount Vernon, as published In the HERALD Of yes
terday, is still enveloped in considerable mystery.
1t Is Impossible 10 obtain any Information regard.
ing the cause or the shooting as the rienus oi the
parties are tnexoraby reticent on the subject At
late hour on Wednesday evening Appel was ar
rested and taken before Justice Edmonds, by whom
he was held In 81 900 to await the result OF Brin-
ning's injuries. It was currently reported In
Mount Vernon last evening that the wounded man
was in dying condition.
James Downing, noted thief and graduate of
the Albany Penitentiary, was arrested yesterday
at Yonkers by Roundsman Mclaughlin and PATROL
man Carol on charge OF having perpetrated a
series OF petty robberles and purglares In
that city, hts operations In that line extend
ing through period OF several months.
After being locked up for while the
prisoner, IN pohce parance weakened" !"
and confessed to numerous deeds Of punder also
telling where portion OF the stolen property
might be four /. The police having gone to drink
ing place Kept by one Thomas Curran, on Garden
street, as designated by the prisoner, recovered
several Watches chains, articles Of Jewery, plated
wor ND w hehh hah haon for
trl1ing sum by Downing. The prisoner is held,
without ball. for the action OF the Grand Jury.
The New York herald., 1874-11-06
THE HODGE DEFALCATION CASE.

In the United States Circuit Court on wednes-
day. before Judge Nathaniel Shipman, In the case
OF the United States VS.. POlhemus Jackson,
motion was made on behalf OF the plaintiff to set
aside the verdict recently rendered for the de-
fendants, on the ground that the verdict was
against the weight OF evidence. The action was
brought by the government against the defend
it was alleged. had been placed in the hands or
the defendants by Mr.. ]. L. Hodge, paymaster IN
the army, for the purpose OF carrying on STOCK
claimed tnat the defendants knew tnat the money
deposited with them was the property OF the
United States; but the verdict Tor the defendants
negatived this assumption. Yesterday Judge
Shlpman rendered his decision, declaring that the
motion IN question must be neard ana deter
mined on case or on case and exceptions. Thirty
days were allowed the plalntlrrs to prepare their
case.
The New York herald., 1874-11-06
ACTION ON A BOND.

In the United states Circuit Court. before Judge
Nathaniel Shipmsn, the case OF the United States
vs.. Benoni Howard has come to q conclusion.
The defendant mad been manufacturer OF
Matches and IN 1868 he entered into bond. with
Elias Howard as surety, or the payment OF $2l,ooo
to the government for match stamps which they
had furnished him in the course OF hts business.
Ii was claimed by the government that TINS money
had never been paid. The defence, among otner
things was that the bond had not been regularly
executed. The jury found verdict for the gov
ernment lor the full amount, with interest, which
the United States; s. Stern for defendant. In the
case OF the United States VS.. Samuel L. Kennedy
winch was an action to recover $40, 300 on BOND
given as security for BenOni Howard, an inquest
was taken, when the jury returned verdict for
the full amount with interest, making the whole
Sl3, 20S.
The New York herald., 1874-11-06
COURT OP GENERAL SESSIONS.

Before Judge Sutherland.
William Gallagher, afas Henry Watson, who was
indicted for assaulting Herman Goldman on the
25th OF August, and stealing from him twelve
yards OF velveteen, two pairs OF pantaioons, six
pairs OF drawers and twelve dozen spools OF cot
ton, pleaded guilty TO grand larceny. He was sent
to the State Prison for ive years.
Attempt NJ Robbery.
Cornelius Richardson, who was jointly indicted
with John Campbell and Moses Redman lall col
ored). was tried upon charge Of actnRin compi-
city with them in attacking Francis McNabb on the
night OF the 10th OF October while walking through
Thompson street. They only took pocket knife
and PAIR OF pearl sleeve buttons from him. The
complainant failed to ldentiiy Richardson, but a
colored man swOre that the accused was one OF
the men who committed the offence. Two white
women testified in favor OF Richardson ana swore
that he was across the street at the time and did
not participate in Lne assault. He was convicted
OF an assault with intent to rob, aud sent to Sing
sing for five years.
An Acquittal.
James Farrell, who was indicted with John Jen-
nings and John Jones, charged with being con-
cerned In stealing cases of vermilion worth $500,
from the store OF Mr.. G. G. Witte, No. 94 John
street, was tried and acquitted by the jury with
out leaving their seats. lie proved that he was
invited by Jennings 10 take ride In the wagon
which contained the stolen property and showed,
by respectable gentlemen, tnat MS character tor
honesty was good.
The New York herald., 1874-11-06
case to be settled by Judge Cross opinion BY


Before Judges Shea. Joacnimsen ana Aker.
ROsenneld vs.. Palmer.-Afnrmed with costs ana
$50 allowance. opinion by Judge Joachimsen.
Liddy VS.. Thain.-Judgment afiirmed, with costs
and allowance, Judge Shea not partlcipa ting.
Johnson w. Rosenstock.-Judgment reversed
new trial granted; costs and allowance to abide
the event Dissenting opinion by Judge Snea not
filed.
Holbrook VS.. Brennan.-Judgment afflrmed, with
costs ana allowance. Opinions by Judges snea
Georgi VS.. coe.-Judgment affirmed, with costs
ana $50 allowance. Dissenting opinion by Judge
Shea not filed.
Heinrich VS.. Kraft and others.-Judgment az
nrmed, with costs and $50 allowance. opinion by
Judge shea not nled.
BY Judges snea, Alker and McAdam.
briggs VS.. The New York Type and Electrotype
Company.-Judgmentr reversed, new trial granted !;
costs and allowance to abide the event. Opinion
by judge Shea not fled.
BY Judges Joachimsen, Alker and McAdanl.
Hull vs. Stevenson.-Judgment reversed, new
event Opinion by Judge Joachlmsen on hle
BY Judges Shea and Joachimsen.
Hulin vs. Snith.-Judgment affirmed on equal
division.
BY Judges Gross and AlKer.
Nordlinger vs.. .Nuttnacht-Order reversed, with
out COSTS Opinion BY Judge Gross on file No
BY Judges Gross, Alker and Spaulding.
Bays VS.. Chave.-Order reversed, with $40 Costs
Opinion by Judge Gross on file November4
ORDERED-Tnat in all cases held ior decision by
the General Term, after argument or upon sub
mission, the order OF the Court must be settled on
two days notice.
BY the Court. MAURICE J. POWER, Clerk.
NOVEMBER 1874.
The New York herald., 1874-11-06
STATEN ISLAND.

The village Aldermen and the Chief Of the Fire
Department OF Edgewater have determined to
purchase second hand steam fire engine from
New York city, the price being 81, 600.
The Richmond County Board OF Supervisors
have received letter rom the State Comptroller
informing them that II they do not pay ffty-nve
odd thousand dollars which 1t Is claimed The county
owes, he VIII get the Legislature to make them
do
William Hogan, OF East Boston, went to Staten
Island on Wednesday to look for work. but finding
none and becoming discouraged, on his return to
New York he leaped from ferryboat near the
StapeLon landing, but was rescued by man who
happened to be passing In small boat, and taken
before Justice Kassner who sent him to the county
jail yesterday for safe Keeping.
The New York herald., 1874-11-06
JEFFERSON MARKET POLICE COURT.
Gross Breach OF Trust.
Raf0ra JudUQ Eianmar

Gross Breach OF Trust.
Before Judge Flammer
Miss Alicia Gould, of No. 622 Sixth avenue, &C
cused Kate Reynolds Of stealing from her silk
dresses, velvet basques and jewelry. worth In all
$3.50, on the 27th OF October last. IL was alleged
by the complainant who Is dressmaker. that on
tnat day went out, leaving the place IN charge
Of Kate and on her return the property was miss, @
her to suspect Kate, and the latter was arrested
BY oficer Dunlap or the 1wenty-ninth Precinct.
She was neld III 81, 900 bail to answer.
An Old Practitioner.
On the 3lst Of October last MISS Catharine
McTernan inserted in the newspapers an adver
tisement Tor position as housekeeper. Any one
desirous OF her services was requested to call at
No. 50 East Twenty fifth street. the residence OF
MIR. Alexander Holland. Mr.. Joseph Warren
called and at once engaged her, but was obliged to
consult his wife before making any final arrange
ment. During his visit Miss McTernan had occa-
await the coming OF his wle. On her return. tina,
lady not appearing, MT. Warren suggested that he
would step around to Lord y Tayior's where he
would be sure TO meet her. He took his departure
ana after ne had lett six silver spoons were MISS
ing, valued AT $2S. Nothing more was heard OF
to a second advertisement by Miss McTernan
from another address, Mr.. Warren again pre-
sented himself on the same errand. TINS Time
Officer King, OF the Twenty-nph precinct, was
called in, and the gentleman in quest OF house
keeper was presented TO him. Judge Flammer
uelQ III Sl,uOu Uhl W duSWeT III tQe mean.
time he was taken to Headquarters and photo
graphed. superintendent Wall1n9 recognized IN
HIM an old offender, who had already served the
state.
Captain Williams' Discovery.
Yesterday morning Captain Williams received a
letter from William HEIGHT, ofNo 1893 Prince street,
lager beer saloon, stating that his barkeeper,
Charles Lehman, mad found a human arm sticking
up through hole In the noor OF one OF the back
closets. 1t Is suggestive that the place has been
occupied only a lew weeks by MIR. Heicht and was
formerly used as sausage factory. Captain Will
hams made thorough investigation, but could
find noting else. He asked the counsel OF Judge
FIammer, who mildly suggested that, in view of
the Captains success as detective, he required
no Instructions, and could safely be trusted TO
method.