davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
HAMILTON HEARD FROM.

His Hiding Place in the sunny SOUTH
Will No Reward BE Offered for HIS
Capture!
From the information obtained by the Chief OF
Police OF Jersey City yesterday there is no longer
any doubt as 10 Hamiltons whereabouts. On
Saturday night Mayor ONel received a despatch
to the following effect from the Chief of Police Of q
certain city on the Mexican border:-
FEBRUARY 7, 1874
MAYOR or JERSEY Cry
Man passed through here day ago supposed 10
be the fobber treasurer Will follow him Mexico
and power to act 10 THOMAS S. PARKER, Jr,
Chief of Police
The Mayor transmitted the message without
delay to Chief OF Police Champney, who autographed
to Parker to have the man detained on some
charge till officers could be sent on. Yesterday
forenoon second despatch was received as fol
lows:-
FEBRUARY O. 1874
CHIEF CHLsrNEY;-
Am on the track. Has hamilton q scar over either
eyer What is the reward' PARKER
The Jersey City chief returned an answer that
Hamilton had q scar over one eye, ana II he would
detain him, a substantial reward would be guam
teed. A photograph, accompanied by iull de-
scrlption OF Hamilton, were sent on by mail. But
no one can guarantee q reward. The Mayor has
no power to offer any, for the legislature that
robbed the people of selfgovernment, stripped MIN
OF that power Neither will the Board
OF Finance, who have charge OF the pub
lie purse. Neither the Texan Chief OF
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
THE COURTS.
A New Rule for Bank
ruptcy Cases.
important Decision Touching the Central
Branch Union Pacific Railroad Suit.
for NEUTRALITY-SUSPICIOUS. in the Courts Of
Oyer and Terminer and General Sessions

W. w. Clarke, who had been charged with de.
Bertlng from the American schooner Frank Treat,
was yesterday held by Commissioner Shields to
await the action OF the Grand Jury.
, Antonio Felipe, who had been charged with de-
serting from the Peruvian vessel Don Enrique,
Ewas discharged yesterday by Commissioner Os-
born, there being no prosecution. The prisoner
had attached the vessel Tor his wages but the Cap
tain, taking advantage OF a favorable wind, set
sail yesterday. leaving deposit sufficient to meet
Eelipo's claim.
A. In the suit by Mrs. Putnam, whose husband was
KILLED BY Foster with car hook on q Broadway
Pnd Seventh avenue car, and on which she OBJ
taned in the Superior Court SIS, 200 damages. which
verdict was sustained in General Term, the Court
pf Appeals, In Albany. has just rendered decision
reversing this judgment. The latter Court hold
that, however intoxicated person may be on
Gar, II he makes no disturbance, and no passenger
requests his removal, the conductor is not obliged
t0 put him or the car. In this case Mr.. Putnam
only requested the conductor to keep Foster quiet.
which he did, and Tor this reason the Court OF APP
peals hold that the railroad company are not re-
,6pOnStble.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
COURT CALeNDARS-TH!S DAY.

SUPREME COURT-CIRCUTT-Part 2-Held by Judge
Lawre nce-Court opens at half-past ten A. M.-Nos.
H. 500 1914 1885, 1885, 1872 1852 1206, 672 1895 l6s
1910 1868. llS, 1920, 1722 1926 l72S $780, 1892 237
Part 3--Held by Judge Van Vorst-Court opens at
half-past ten A. M.-NOs 1885, 473, 3l6, 1926, 1895
1897, Ills, 2S5 l73 l173 1886, 2549 1884, $685. 6O3.
1927, 1871, 1905, 1855, 1885, III 729, l343, 21l7.
SUPREME CoURT-CHAMBERs-Held by Judge
Barrett-Nos. ~ Al, 45, 49, 81 SO, &c. 10l 107, To-
125 l49, l54, 1859, 162, 1874, l69 49, 1885, 1911, 100 NJ
1884, 1877, 1885, 2ol 2o4 EOS, 2O7, go 22 226 227 800
231, 234. 235, 249.
SUPREME CouRT-SPECIAL TERM-Held by Judge
Van Brunt-COurt opens at hal1-past ten A. Nj
Demurre rs.-Nos g. 90 a. Is, 16. II, 49, %, 23 Is-
sues of law and iact.-NOs. 1877, 100, BAG 247, 251
262 265 2S 2s3 2s4 ESQ., 1922 294 296, 29a u, 3O1 3O2
3O3 3o4 $685. 800. 307 $685. 800, 3d. 81, 3l2 313 34
35, 3l6 81, 3lS. 49, 800, 81, 322 323 3231s 324
325, 1885, 32, S2S, 329 $3.50, 33l, 1892 $685. 3 1856, 1885,
337, 33S, $3.50. $40.
SUPERIOR CoURT-TRIAL TERM-Part Held by
Judge Van Vorst.-Nos COL, 703, 81, COS, TAG, S79
795 237 7O6, FOL 773 633, S37, 900, oil, 913 1543
Part 2-Held by Judge Curtis.-Nos. 676h, $50, So
500 $780, s3 s46 1902 632, 500 S5S, $780, $685. s64, $685.
COURT OF COMMON PLEAS-TRIAL TERM-Part l.
Held by Judge Larremore-Court opens at eleven
A. M.-Nos 249e 1889, 2420, 234S 242S, 24S6, 1878,
2l73 1885, $685. $685. 1477, 223l 2726, 2l20 Part 2
Held by Judge J. f. Day-Nos. 25l9, l36, 1860, 25y5
2622 $685. 263l 2634 1885, 1856, 1851, 2c4o 2o4, 2642,
MARINE COURT-TRIAL TERM-Part Held by
Judge Shea.-Nos 1892, 1858, $3.50, 3lS6. 43lo,
BIO 3l4s, 3176, 1910, 1890, 1854, 1870, 426l,
s25a a27e. Part 2-Held BY Judge Alker.-Nos.
33Z2S, 4l65, 1889. 1890, 2s53 4249, 1908, 1927,
$l3e, 4053, 1928, 4159, 4ls7, 44Os, 1855. Part o.
Heid " Judge McAdam.-N0s. 5000 3476. 358S.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10

police nor ANYBODY ese therefore is likely 10 In
terfere with Hamiltol without any other incentive
than pure desire TO see justice meted out, and
the consequence win be that the Ascending
treasurer can 20 where he pleases outside OF his
own state unmolested. This is another illustrt-
ton OF the beauties OF the government by COM
missions now ruling over the conquered Jersey
City. That there are few city officials and poll
tIcians who do not desire to see Hamilton
back Is incOntr0vert1bie, for they stand
In dread OF the probable disclosures that
would follow. Aleck. II driven TO extremities,
might like Sampson disOdge the pillars ana IN
vove some OF mis- old colleagues in common ruin
with himself. 1t Will be a SD commentary on the
present system OF municipal government II an
oacIal can plumber the treasury and walk away
without any provision being included In the char-
ter for his detection and punishment. rumor
was anoat Yesterday that Hamllton's father and
iatherin-law offered to make GOOD the heialcation
in cash ana arrange o basis OF settlement reearu-
ing the bonds, but the rum0r Is not reliable.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
BROOKLYN COURTS.
UNITED STATES CIRCUIT COuRT-ia CHAMBERS
The Alleged Conspiracy Case.
Before Judge Benedict.


Before Judge Benedict
An application was made by Mr. b. +. Tracy, yes
terday morning, for bill OF particulars from the
United States District Attorney, IN the matter OF
the indictments AGAINST Messrs. Sanborn, Hawley
and VanderwerKen, who are charged with having
conspired to defraud the government. The motion
was opposed by District Attorney Tenney, who
stated that he could not very well comply with the
demand. as the defendants had not filed their affi-
davits in REGARD to what they desired to be inserted
in the bill. He cOntended tnat the motion could
not be entertained without them.
The Court sustained the District Attorney the
hearing OF this case, so far as this motion IS con-
cerned, was, therefore, postponed.
Some discussion then ensued as to the trial, and
Mr.. Tracy and the other counsel for the defence
stated that they were DESTROYS OF trying the case
as as possible. Judge Benedict said that he
could not attend to any rcuit business this
month. and suggested the select on of either Judge
Woodruff Judge Shipman to preside at the trial.
The defence wanted to know II the District AttOr-
ney would consent to have the case RENTED TO
the District Court; but Mr. Tenney would not
promise. He said he was ready to go to trial on
two days notice.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
UNITED STATES DISTRICT COURT.
New Rule in Bankruptcy.

NOW Nulo
+, Judge Blatchi0rd yesterday promulgated the
SubjOined new rule in bankruptcy THE Clerk shall
prepare list on which lie shall place all suits and
matters which are to be brou-ht before the Court
on Saturdays, on notice to an adverse party, by
motion, petition, order to snow cause or other
wise except orders to show cause for adtudica-
Zion in bankruptcy, reports OF referees on denials
of bankruptcy and hearings for discharges in
bankruptcy, Of which memorandum containing
khe title of the suit matter and the subject Of
he notice, and the names Of the attorneys, So
licitOrs or prOctors, on both sides, shall be filed
with the Clerk for the purpose. he order OF cases
Dn the list SHALL be the order OF time in which the
memoranda are filed with the Clerk Every suit
and matter placed on the list shall remain thereon
until the hearing sucn notice is had, until 1t
Is otherwise disposed OF, and snail not lose its
place by an adjournment OF it. 1t may be aG-
5Ourned at any time by written consent OF par
Ees to any Saturday, such consent to be handed to
khe crer of the Court. The list will be called in it's
order every Saturday. case called and not
answered to by either party will be stricken of:
The fee TO the Clerk for every memorandum filed
shall be ten cents. A duplicate list shall be pre-
pared for the use of the Rar This order shall take
Effect for February Ia, 1874.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10

Term, when the Judgment was affirmed, alter
which II was taken to the Court OF Appeals, which
Court reversed Z Q judgment and ordered new
trial. Mr. Knitting with whom was associated
Mr.. James ID. McCelland, ms sted as the prisoner
had been imprisoned twenty months that he
case to be sent to the General Sessions, where the
indictment was pending. and there he was dis
charged.
The Joab Lawrence Case Again.
Application was made by Mr.. Willard Bartlett.
under section 663, Laws OF 1873. to fix the amount
OF bail in the case OF Joab Lawrence, whose extra
dition 10 Michigan under warrant OF Governor
Dix is being contested. Mr.. Phelps, District At
torney commended that the Statute quoted had
nothing TO do with the case. Judge Brady said ne
would reserve his decision aud thereupon Mr..
Phelps moved an adjournment OF the Court out OF
respect to the memory OF the late James W. Gerard
the proceedings ensuing upon which motion WILL
be found elsewhere.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
CITY CCURT-TRIAl TERM,
The Rights and Obligations of Cemetery
Corporations-Suit Against the Ever
greens AssociatiOn for Damages to q

The Rights and bligatiOns of Cemetery
COrporatiOns-Suit Against the Ever
greens AssociatiOn for Damages to O
Lot.
Before Judge Nelson.
An important suit, involving the rights and obl-
cations OF cemetery corporations was tried before
Judge Nelson. Mrs. Helen NJ. Walton brought an
action against the Cemetery OF the Evergreens
Association to recover $4,000 for damages to her
lot in the cemetery In question The lot is located
just Off one of the roads in the grounds, and the
plaintin stated that her principal object in pur-
chasing 1t was the fact that there was in
it q grand old oak tree, which formed q
complete shade and added largely to the
general beauty of the spot. One day last
spring, upon visiting the cemetery. she was
shocked to discover that this oak tree and several
smaller which she had caused to be planted
there had been removed. The oak had stood be-
tween the graves OF her husband and son, and In
cutting out the stump the workmen had dug
large hole, which they had failed to I'LL up. The
smaller trees were pines and willows. The shrub
berry and arbor Vita fence enclosing the lot had
also been damaged. In fact the place had been SO
changed in appearance that the plantin was at
first unable to find IT, although she had been In the
habit OF visiting 1t every week.
1t appeared on the trial that after the oak tree
had been removed, 1t was cut up into cord wood
and sold, the proceeds being appropriated by the
cemetery company. Mrs. Walton had never been
consulted with reference to the removal OF this
tree, and claimed that the proceeding was most
outrageous one.
The defence relied mainly on section Of their
rules embodied in the paintit7s deed Of the lot,
which section sets forth that If the trees shrub
berry, &C., in any lot were In any way detrimental
to adjacent lots, dangerous or inconvenient, the
company had the right and 1t was their duty, to
enter said lot and remove the tree, or what
ever detrimental object there might be there.
In this case it was claimed that the oak tree was
weak at the roots and In danger OF being blown
down on adjacent lots. 1t was therefore removed,
with as great care as possible and the hole caused
by the extraction OF the stump was filed up. The
defence denied that they had taken away any OF
the other trees. 1t was proved by plaintiff how
ever, that the smaller trees had been removed.
The Jury were informed by the Court that If they
arrived at the question OF damages they must con-
the complaint referring to plaintiffs feelings was
stricken out
The Jury remained out about an hour. They
rendered a verdict in favor OF plaintiff Tor 500.
Ex-Judge A. H. bailey for plaintiff; winchester
BrittOn Tor defendants.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10

asao, 1885, as12, 4177 415l $685. 2e74, 2ss7 2sss,
1887, 3774, 4059, AGO. 4270, 1903, 432 4333 43i0.
COURT OF GENERAL SEssIoNs-Held by Recorder
same vs.. Thomas McKeon feonious assault and
battery; same vs.. James O'Nell. ieOniOus assault
ana battery Same vs.. william Wilson, burglary;
Same w. George A. Millard and John O'DOnnell,
grand larceny and receiving stoen goods; same
vs. John Connors, Nicholas FurlOng and Thomas
grand larceny Same vs.. John Nielsen oacher, grand
larceny; Same VS.. Moses Feinberg and Mich ael
Seishfed, grand larceny same VS.. Alfred Peinert,
ceny.
COURT OF OYER AND TERMINER-Hed by Judge
Brady.-The People vs.. Jonn Il. simmons, homicide.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
COURT OF GENERAL SESSIONS.
higgins, the Hack Driver, Convicted
and Sent to the state Prison for
Twenty Years.

Higgins. the Hack Driver, Convicted
and sent to the state Prison for
Twenty Years.
Before Recorder Hackett.
Almost the entire day was occupied IN
summing up the evidence IN the case OF
Morris Higgins, hackman, charged with per-
petrating a gross outrage upon Mary OBrien,
in an express ONCE, on the oath OF January.
Mr. William +. Howe made an ingenious and
able speech IN favor OF his Client but the evidence
OF his guilt was so overwhelming that Assistant
District Attorney Rollins was INSPIRED TO make q
powerful and convincing argument Tor verdict OF
guilty, which the Judg Vi Tie jury alter lis
tening to q clear comprehensive and impartial
TO the State Prison the period OF twenty years.
Another Alleged Outrage and Discharge
OF the Accused.
On motion OF Mr.. William F. Knitting, and by
consent OF the District Attorney, Peter Woods was
discharged from custody. This prisoner was tried
and con victed in the General Sessions at the June
term, 1872, of perpetratlng an outrage upon
woman and sentenced to the State Prison Tor ten
years. MIR. Knitting procured new trial, the
Court OF Appeals having decl ed that there were
certain legal Irregularities. Woods served twenty
months in the Auburn state Prison. AS the pr Sc
cutting witness died few weeks after the trial of
the accused the District Attorney was compelled
to accede to the motion OF the counsel
BurgIaries and La rcenies.
Charles Harper, indicted for burglariously enter
way, on the I'd inst, and stealing overcoat
worth $40, pleaded guilty to an attempt at burg
larry in the third degree. Jonn Smith pleaded
guilty to similar offence, the allegation being that
on the Sd inst. he entered the liquor store of
Michael Byrne, by breaking the window. and stole
S. in coin.
Nicholas Meyer pleaded guilty to an attempt at
grand larceny, the charge being that on the 10th
of June he stole truck worth 500. owned by
Charles Hecker These prisoners were each sent
to the State Prison Tor two years and SIX months.
William Evans, whO on the 19tn OF December
stole So from the person OF Tunis VandeTwerker,
while passing through Bayard street. pleaded
guilty to an attempt OF petit larceny from the
person. He was sent to the State Prison Tor one
year.
Dennis Hendrie, who was charged with stealing
a pOcketbOok containing $780, pleaded guilty to an
attempt. The sentence was imprisonment in the
Penitentiary for one year.
Kate Breen pleaded guilty to an Indictment
charging her with receiving two dozen shirts and
$l5 worth of other gentemen's wearing apparel,
knowing the property to have been stolen by
Patrick Flynn and Albert Burke youths, who
sent to the Penitentiary Tor nine months.
James McGonnigal pleaded g-llty to an assault,
the accusation against MIN being that on the 18th
or November he cut John G. Shute in the side with
knife.
Nathan Solomon, charged with stealing silver
watch from David Hale, on the goth OF January,
pleaded guilty to petit larceny.
These prisoners were each sent to the Penten-
tiary for six months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
SUPREME COURT-GENE9AL TERM.
Tho Central Branch Union Pacific Rail-
road.

Tho Central Branch Union Pacific Rail-
road.
Before Judges Davis Daniels and Donohue
An important decision has been rendered by this
Court in regard to the taking OF testimony OF wit
besses residing out OF the State. Commission
having been issued by judges Barrett and Brady,
on application in behalf of Mr.. Samuel L. Tired
well, the defendants, Ralph M. Pomeroy and
others appealed to this Court. The following Is
The decision on the appeal embodied in the opinion
NJ Chief Justice Davis
OPINION OF JUDGE DAVIS.
Issue having been joined to answer as to one Of
several defendants in this action, the plaintiff
moved on the usual AFFIDAVIT Tor a commission to
cake the testimony OF q witness residing in the
State Of Connecticut. The DEFENDANTS as to whom
the issue Is joined, objected on the ground that
ants named in the complaint. The Court granted
khe motion and ordered commission to issue.
the orde1 taat TN me a
tendants. From this order was taken an appeal, in
pdstng tnat the Court has no power to issue COM
Emission until the action is at issue as to all the de-
|rendants Chap. 1916 OF the laws OF 1862 Session
laws Of 1862, page 62s), provides that whenever
any issue OF fact shall have been joined in any
action or proceedings and it snail appear on the
duplication either party that any witness, not
residing in the State, IS material in the prosesu,
|kion or defence, the Court may award
q commission to examine such witness
lon interrogatories, &c. MS provision does not
i0f the Court and II there any question under
1.-The Revised Statutes which we do not think to
'nave been the case, the amendment OF 1862, above
.re1erred to, wholly removes it. The discretion OF
fhe Court was properly exercised. But we think
the order was not appealabe. This Court so held
VOORHEES, Annotated Code edition OF 1870. 1t
does not affect prejudically any substantial right
eOf q defendant; on the contrary, 1t tends to ex-
pedite the case and preserve the evidence on
which the substantial rights OF both parties may
be ascertained and enforced. The appeal should
be dismissed, with $40 costs and disbursements.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
COURT Of SESSIONS.
The Case of Ex-City Treasurer Sprague
Postponed Again.

The case Of ex-City Treasurer Cortland A.
Sprague was called yesterday morning. again. 1t
was postponed last month IN consequence OF the
illness Of MI. Sprague, and yesterday his counsel
stated that he was still unable to appear. Mr..
Sprague Is at present confined to his house in
Rockland county, and his attending physician
made an afidavit which was submitted to the
Court setting forth that he in worse condition
than he was two weeks ago, and probably would
not be able to be about again for six weeks.
Counsel Tor defence stated that he preferred to
take the chances OF the patients recovery, and
quested that day be fixed lor the trial OF the
case lie further requested that the District Attor-
ney furnish him with bill OF particulars OF the
indictments.
The District Attorney consented, and after some
further remarks the first Monday OF March was
designated as the day OF trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
SUP EmE COvRI-SpEC!AL TERM.
The Hnmmond-Dean Breach OF Promise
Suit.

Suit.
Before Judge Pratt.
Miss Jeanette Hammond, OF Peekskill, brought
q suit at the last Circuit against William NJ. Dean,
a merchant OF Third avenue, New York, to recover
$4,000 damages for an alleged breach OF promise
of marriage. The jury gave her $4,000. The case
was ully reported in the HERALD at the time, and,
as it attracted great deal OF attention. the Cir
cumstances are, probably, still fresh in the public
mind.
Yesterday motion was made on behalf of Mr..
Dean Tor new trial, on the ground that new evil
dence HAD been discovered showing that Miss Ham,
mond was not virtuous character. Afdavlts to
that effect were submitted. This charge was in
dignantly denied by the defence ana counter ALL
davlts were submitted setting forth her purity, In
GLIDING one from physician.
The arguments OF counsel were listened to at
tentlvey by an audience which crowded the court
room almost to suffOcation. A proposition was
made by one OF the counsel for plalntlT that the
proceedings be conducted privately, but the coun-
sci Tor defence objected that, inasmuch as charges
had been publicly made against the lair fame OF the
defendant, they should be publicly met. The Court
declined to have the hearing in private, and the
counsel then proceeded.
The decision in the case was reserved.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
SUPREME C0UhT-CHAMbEHS.
The Case or Police Comm isSioner
| CharIfCk.
Before Judge Barrett.

Charlick.
Before Judge Barrett.
The examination OF Police Commissioner Char.
lick touching the allegations of fraud against him
b connection with the last November election,
|hough set down originally for tomorrow, was
hanged to yesterday to suit the convenience OF
|r. Charick, whose engagements rendered it i'm
POSSIBLE for him to be present on the former day.
y 1t was there was quite large crowd present in
he anticipation OF spicy and important develop
pents Ex-MayOr A. Oakley Hall appeared as the
egal representative OF Police Commissioner Char.
lex and expressed his readiness to proceed in the
|ase. II turned out, however, that the leading
punse, Mr.. John X. Fellows, OF the prosecuting
3ammany chieltains, was engaged in the Court OF
Eyer and Terminer, and, at the suggestion OF Mr..
AL, the case was adjourned till next Tuesday.
Decisions.
BY Judge Lawrence
Allen vs.. Savage; Friedman VS.. Gourley.-Motions
enled.
In the Matter, &C., Russell.-Granted.
In the Matter, &C., Gillan.-Memorandum.
BY Judge Barrett.
Reeve vs. ACKNOWLEDGEMENTS granted.
AcCahlll vs. Carroll; Herring shausen; Herman
Manhattan Quotation Telegraph &c.-Memo-
kndumS
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-10
COURT OF OYER ANO IeHKlNeB.


lschargo Upon = Writ OF Habeas Corpus.
Before Judge Brady.
pr the meeting OF this Court yesterday there
9 tremendous crowd in the court room in the
|icipation that the trial OF Summons would he
gun. There were also present the grand and
ktt jurors and an imposing array OF counsel. In.
|dlng william +. Howe, John O. Mott G. v.
|boke, John X Fellows and William +. Kintzino
led would be called up for trial. They were
doomed to- disappointment however, except
Knitting, who had
Eit OF Habeas Corpus Case on Hand.
nls case was that OF Peter Woods. who was
ID IN June, 1872, at the Court OF General ses-
bs, on charge Of rape, and convicted and-sen-
cea to the State Prison for ten years. The case,
appeared on EXPLANATION OF MI. KintzinR waa