davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-11-19
COURT OF APPEALS.

ALBANY Nov. is. 1874.
NO. s. Phoebe Deas. appellant, vs.. townsend
Wardell ct al, p0ndents.-Argument resumed
and closed by Charles Matthew's. oiconnsei Tor ap-
peuant, and Erastus Moore, Ior respondents.
No. 81. Caroline A. Cushman, ct a.. respond
ents, vs. David NJ liartoD, Executor &C., ct AL,
ppeiiants.-Submitted
No. 70. David r. Fitzgerald, respondent, vs.. Ed-
ward ID. valentine appeiiant.-On motion OF coun-
Sci for respondent, Judgment affirmed by default.
No. Is. Erastus g. Graver, respondent, vs.. Ed
mund p. Wait appellant.-Submltted.
No. 81 James NJ. Ricketts, ct al, appellants, gs.
The Baltimore and Onto Railroad company, re-
spondents.-Papers submitted Tor appellants and
argued Oy counsel i0r respondents.
NO: IL. Augustus w. DoI, appellant, vs. William
=. Earle and another, Executors, &c, respon-
dents.-Argued oy A. }. Parker, oil counsel Tor ap.
pelant, and b. F. Lee i0r respondents.
NO. u. rhe National Life Insurance Company OF
the United states. appellant. VS.. :. Judson Jones
aud others, respondents.-Arguedb by II. X. Seiden,
ol counsel i0r appellant, and II. l.. Comst0ck i0r
respondents. case still on.
PROCLAMATION made and Court adjourned till
thursday, November lQ, at ten A. NJ fne follow
Ing 10 the day calendar for that day Nos 49, 20
l9i, 1872, 50, %, 81, "a, Al.
The New York herald., 1874-11-19
COURT CALgNDARs-THIs DAY.

SUPREME CoURT-CIRcurT.-Part. 2-Held by
Judge Brady.-Nos. 26o0, 1883, l7o4 1858, 3olo S35
255s, 2Sso 2s 1922. 1862, 2los, 275s, 2l52, 1890,
5941a, 1852, 63S, 24s2 1884. Part 3-Held by Judge
Van Vorst.-NOs. 1895, 4l05, ly43 4S3, lSZl, 1881
2055, 3603, 4395, 4l0 4065 3.o $685. 406 4375 l747
427 1861, 3SS7 6731s 2015, 2077, 2079, 20o3 2US5.
SUPREME COURT - CHAMBERs-Held by Judge
DOnonue.Nos 55, - 80, 102, 49, rs, 100, 137 l39
l61, l66, 1885, l7S, 1885, l9O, 1885, 1914 20l 2l0 2l3 Z4
2l7, 2lS.
SUPERIOR COURT-TRIAL TERM-Part 2-TIeld
by Judge Curtls.-Nos ll22 972, l4S9, 1926 724 1885,
1a0. $50, Tl2, 71o, 73S, TAO, 746 552, 732.
COMMON PLEAs-rRIAL IERM-Part Held by
Judge kobnson-Nos. 222s, .1oa, Ss7 Il, 2ll, 494
1857, 575, 2Z5 22S, 7s2 1885, 1922, 1894 l2gs 1249.
COMMON PLEAs-GkNERAL IERM-Hed by Judges
Daily, Loew and J. +. Daly.-Aos. los, Al, 139. 1885,
159, ldl l62 1853 l64, 1866 l6 1859, TO- ILL., l49 1s4,
1S5, liz, 49, ia.
MARINE UoURT-TRIAL TERM-ParJ Held by
Judge Spaudlns.-Nos. 1855, I'll 605, 659 66l, 662,
66o, ga, 500, 567, 66S, 869 S70 67l 574. Part =
He'd by Judge McAdam.-Nos. $50, 1872, 526. 53l,
l037 1851, 1861 1868. 1885, 65. 653, 654 $685. $751; ISl
Part 3-held by Judge Snea Nos. 1881, 879,
1868, 1855 1923 l724 499, 503, 1884, 1884, 523, 1885,
1894, 1870, 1925
GENERAL SBssIoNs.-The People vs.. Martin
Godfrey, mayhem; same vs.. Patrick Dobbin, leo-
NOUS assault and battery; Same vs.. CHARLES
Brunel, cruelty to ANIMALS.
OYER AND TERMfNER.-fhe People VS.. Sigismund
Schwap. violating tle Election laws; Same vs..
John Giiien, mansiaughter; Same vs. Louis
Auzat, grand larceny.
The New York herald., 1874-11-19
THE KINGsBR1DGE ROAD OPENING

Pursuant to adjournment the motion to con.
firm the report OF the Commissioners OF Estimate
and Assessment In the matter OF the Kingsbridge
road opening came up for further argument yes
terday IN Supreme Court, Chambers before
Judge Donohue. A great many property owners
were present, accompanied by their respective
counsel Very little was said for a wonder, how
ever, considering the array OF lawyers
in attendance, but this was doubtless
owing to the TACT that the subject had
been pretty well exhausted, and that the main
object OF the adjournment to hear the reply OF
Assistant Corporation Counsel Andrews to the OBJ
jectons interposed Dy Mr.. William Tracy to the
confirmation OF the report on Saturday last when
the motion for con nfirmation was made
Mr. Andrews began by stating in brief the two
objections raised by Mr.. Tracy, the rst being that
the resignation OF two OF the original commission
ers was not in the form prescribed by statute.
and that the two commissioners appointed in
and the second, that the map nled by
Of the act OF 1874 was not the same as the map
presented to the Court by the commissioners on
sisted tnat the new Commissioners were regularly
appointed; and even II the resignation OF their
was not exactly Sa 10 VIII
could only eject the assessments, and that, by q
recent act. the assessments could not be vacated
the two maps, he said they only varied eleven
inches IN distance OF 5000 leet and TINS he re-
Rarded as very nimsy objection. In conclusion,
he urged the confirmation OF the report on tine
ground Of this being the general wish OF the
property owners.
M. James G. Carter referred to the act passed
by the last Legislature in regard 10 the opening OF
Kingsbrldge road, and insisted that one OF It's
chief objects was manlfesry to cure any technical
defects that could be raised in regard to previous
legislation, and he further urged that the act itself
was recognition by the Legislature OF the validity
OF the appointment OF the new commissioners.
Mr. Kitchei claimed that the report should be
confirmed, II for no other reason, because the mat
ter mad been In abeyance too long already. The
original proceedings began in 1865, and property
owners were getting tired Of waiting. Fully eight
tenths OF the property owners were anxious for
the continuation. Toncning the technical objec-
riOn as TO the appOntmen OF commissioners he
cited the decision OF Judge Lawrence In the mat
ter OF the opening or Lexington avenue as concu-
sive on this point and a complete bar 10 any sucn
objection.
there being nothing further to say the papers,
books and maps we're passed up to Judge Don0-
hue for MS examination. He told counsel that II
they had any further points TO submit they were
at liberty to DO 80 at any time within week. and,
after that time, he promised as early decision as
possible.
The New York herald., 1874-11-19

invoice OF any part OF the gooos IN controversy.
Judge Blatcbford said he would admit the invoice
Ior what II was worth. II ~ turned out TO be
forged, or got up for the purposes OF this trial,
tnat would be another question, and would be
doubtless subject TO comment by counsel when
Invoice. 1t was In German, and the declaration
attached TO 1T was In English. The deposition
went on TO say mat when the claimant cit
Liverpool, OWING TO the confusion at the landing
stage, which mad been burned some TWO or three
days previously, he was not certain that the
he aid not again see them until his arrival IN
New York. When he got TO New York ne told
man connected with the steamer II he came
across three tru ks, marked IN a particular way,
TO keep them until he came down on Monday
morning, when he would nave them removed TO
assessed on them. He did go DOWN on Monday
morning to the dock for that purpose and found
that his trunks had been seIzed by a Custom
House officer as unclaimed baggage. The ofcer
was in Lhe act oil breaking open the trunks, when
the claimant called upon him TO desis and offered
nlm his Keys TO open tnem No one was In crested
in those goods nut the claimant himself This case
derives some Importance from the fact thai II IS
the first, or one Of the nrst under the new act OF
Congress OF 1874, which allows q claimant, in
proceeding oil this description, to SHOW that he
had no intent to smuggle, and that had bona
0de intent TO enter the goods at tic Custom House
for the payment OF duties alter having lan1ed
been given, the evidence on both sides closed.
The case was adjourned till this morning, when
the Court Will near an argument on a question
raised by counsel ior claimant to the effect
whether, admitting that the claimant did the acts
which the government officials allege he did, there
ment by the introduction OF the goods IN the man
ner described.
The New York herald., 1874-11-19
COMMON PLEAs-sPECIAL TERN

The Comptroller's Appointment and
Removal OF Court Omcers.
Before Judge Larremore.
When Comptroller Green entered upon the
duties OF his once in 1871 he removed
various officers from the Court OF General
Sessions and appointed others in their places.
Among those removed was Mr.. Quicley, but
he paid no attention to the order OF removal
and brought suit for hts pay. demurrer was
made TO the complaint and on the case being
argued yesterday Judge Larremore overrued the
demurrer, on the ground that the supreme Court,
General Term, had decided that the act under
which the Comptroller claimed the power to re-
move ana appoint officers In the various courts was
uncOns lltutlOnal. A verdict was accordingly Or
dered in tue PLAINTIFFS favor for $l,056 being the
full amount claimed. Meantime the COMPTROLLER
has been paying his own appOtntees but according
TO the above ruling he will have the old oIcers
pay, most OF whom, ike the p8inJln in the pres
ent action, disregarded his order Of removal.
Decisions.
BY Judge Larremore.
.Stlman vs. Smith, Halls vs.. Smith.-Applica-
tiOns granted.
in the matter Of Ellingwood.- confirmed
and decree ordered.
Hallage VS.. Garcla.-Relerence ordered to take
proof OF facts and report.
In the matter OF Thompson.-See memoran.
dunn.
Spahre vs. Dale.-Motion denied.
Yolde vs.. Ludury.-Appicauon for Injunction
and receiver denied without prejudice TO q re.
newal tnereot on payment Of costs.
The New York herald., 1874-11-19
A QUESTION OF SALARY.

Douglas Taylor, Commissioner of Jurors
vs.. The Corporati0n-This case was argued
yesterday before the Chief Justice and Judges
DAILY and Loew, in the Court OF Common Pleas
by Messrs. Hall for the Commissioner and Smith
for the city.
The question presented was, whether the Com
missioner OF Jurors should have the salary which
was fixed Tor the City Judge at $4,000, or the
later one, which was raised for the City Judge to
$4,000 1t was argued for the plaintln that the
law said he should have a salary at the same rate
as the salary OF the City judge paid to him quar-
terIy by the Comptroller; that the very word
rate" was a term implying nuctuaton, and was
so used In commerce and on 'Change;
and the word 'spaid" WAS used Instead
OF ..nxed;" that whatever was pad to the City
Judge from time to time should be paid 10 the
Commissioner OF Jurors; that the Commissioner
was TO very large extent judicial ohicer; ne
determined upon the fitness OF persons for jurors;
he exercised judicial discrimination IN examining
them and making out lists; he acted with other
judicial officers in making up lists aud hearing
and determining penalties and offences, and it
was very proper he should receive a judicial
salary. IT, was IKE the salary given to the sur
Judge OF the Court OF Common Fleas; and II the
Legislature should reduce the salary Of the Judges
OF the Court Ol Common Pleas next year-"wnlch
heaven forbid ~ said the counsel-to ST 600, or any
lesser sum, Mr.. Comptroller Green would
be the very first man to claim the operation Of the
prlnclple ior winch MIR. Taylor now claims against
Mr.. Green, and Mr.. Green would be right IN doing
so. The salary OF the Commissioner followed the
On tne side OF the city was said that the Comp.
troller merely desired judicial construction, and
that when statute was passed regarding a saiary
IT determined q sum existing at the time Of the
statute. There could not be such q thing as an
TO which it was answered tnat II the Legislature
had intended to fix permanent sum 1t would
have said so, for the salary OF the City Judge was
salary the criterion.
The Court took the papers and reserved opinion.
The New York herald., 1874-11-19
BUSINESS IN THE OTHER COURTS.
SUPREME C0URT-CHAMBERS.
Decisions.

BY Judge Lawrence.
Ryckman VS.. Ryckman.-Oruer granted denying
motion TO settle issues.
Ryckman VS.. Ryckmac.-The case was decided
five days ago, and notice to that effect was placed
on the bulletin.
Brown VS.. Fry.-Ihe papers in this case have
been in the possession OF the Oflcer attending at
Chambers since they were submitted several days
ago, In order that an explanation required from
the plaintirS attorney could be received. When
that explanation Is given the order can be exc
euted.
Garrison vs.. Green Comptroller.-Orderg granted.
Geary Vs. Brady ct al.-Granted.
In the matter OF Phillip Cautten.-Granred.
by Judge Dononue.
Martin vs. Beekman.-Granted.
Rogers VS.. Center-Mem0randum.
Stewart vs.. Rchards-Denied.
Russell VS.. McLaln-Reerence ordered.
Wall vs.. Schmale.-MOtlOn denied. See memo
randum.
Listman vs.. Blaut.-UndertakinRa approved.
Hess vs.. Easton; Enke vs. Job.-Memorandum.
New York Savings Bank VS.. Nay.-Ordcr
granted.
In the matter OF Lane. &c.-Order granted.
Almiral vs.. Skerrett.-Granted.
In the matter OF McAdams.-Opinion.
Marilin9 vs.. Bariy.-Memorandum
The New York herald., 1874-11-19
THE BLEEcKER STREET TRAGEDY.

John Wilson, the FrenChman who was reported
in yesterdays HERALD as having deliberately
shot his son and then attempted suicide at No.
145 BleecAer street, late on Tuesday night, ap-
pears now only to have wished TO kill himself.
He returned TO MS home shortly before two O'Clock
on Wednesday morning, and discovered. as he oe-
ieved, evidence Of criminal conduct on the
part OF his wife. Grleved and shocked, and
feeling that his honor had been wantonly sacri-
feed, he drew revolver with the pul pose OF kifl-
ing himself lie fred three shots the first OF
wnlcn entered his body just above the navel. the
second struck his lett hand, and the tnlrd missing
him, Inflicted slight wound on the head or his
son Frank, seven years old, who had been asleep
in the room. Captain Mcdonnell OF the Eighth
precinct, and a patrOlman were attraced by the
shooting, and they TOOK the injured man and boy
TO the station house In Prince street. From there
they were sent tO Bellevue Hospital.
The New York herald., 1874-11-19
THE GLOVE SMUGGLING CASE.

The case OF the United States VS.. three trunks,
containing kid gloves and other articles valued at
between 1000 and $4,000, was resumed yester-
day In the United States District Court before
Judge Blatchford. The claimant OF the goods is
Sampson Lewey. 1t is alleged by the government
shat the claimant brought the goods Into this port
nom Europe with the intention OF smuggling
shem, and, therefore, the government seeks TO
conhscate them, while, on the other hand, the
claimant sets up that he had no such intention;
that he never was engaged tn any smuggling
transactions whatever and that 1t was hts design
ana purpose to enter the goods at the Custom
House In the usual manner. The facts Of the
case, far as they have transpired, have already
appeared In the HERALD. Yesterday when the
case was called the counsel for the government
put on the stand q Custom House ofiicer, who tes-
tilted that after the trunks containing the goods
In question were landed at the DOCK ffom the
steamer City Of Chester he, with the brother OF
the claimant, Robert Lewey, and another person,
were standing In an once at the dock, when the
claimant, In the presence Of Robert Lcwey, ofrered
the 0ffcer money if he would allow the trunks to
pass through. This closed the case on the part OF
the government, wnen counsel for the claimant
facts as as he V expected s @ they would Se proved
IN evidence. He pointed out the tact
sns na mac q s n
ner; that ne had shipped them under q bill OF
iaoing; and thai they were brought TO the United
states under invoice, TO be entered AZ the Custom
house. and sold In the regular course OF trade.
Counee! read the deposition OF the claimant who
tesuned therein that on the sunday he landed In
New York from the steamer he made no effort to
get MS trunks. They were to be kept on board
the steamer until MONDAY, when ne was TO go
0Own 70 the wharf and have them sent to the
Custom House TO have the duty paid on them;
ne never authorized any one to bribe the Custom
he done so nimself ne gave a bond Ior the goods
that had been seized, and they were consequently
released; ne had imported goods into New YORK
since 1871 and had never Imported any goods
on which the duties had not been paid; ne never
had any intention to deiraud the United States
government; never gave his brother any authority
to act Tor him In relation to these goods. The in.
voice OF the goods, as purchased by the claimant
In Hamburg. was here offered IN evidence by coun-
eel Tor the Claimant IL vas objected TO By Counsel
for the government, who said that IL ala not APP
near toAj t1e ARv0ice. - AQT -RyQ4uSelA Vas an
The New York herald., 1874-11-19
ESSEX MARKET POLICE COURT.
Raid on Disorderly Houses.
Raf0ra Ju1ua Ei1hroth

Before Judge kllbreth.
The late transfer OF the police captains through
out the city appears to be already productive Of
some good, as evidenced by the number Of dis
orderly houses which were raided upon last night
in Canal street ana vicinity.
These nutsances have increased OF late in this
nelghDornood, and Captain Ullman, who has just
been transferred to the Tenth precinct, made u
descent on six Of the vilest dens Tuesday night,
accompanied 10y number OF his oficers The
houses raioed on were three in Canal street, kept
by Emma Smith, kosa Hartman August Wen ana
Louis SalDer; one III Bayard street. kept by Sopala
Nelson; one IN Bowery, Kept by Nellie Brant, and
one In Canal street, Kept by Frederick Anderson.
lhe last named was discharged 10r want OF evi-
dence but all the remaining prisoners were held IN
$1,000 pan for trai on charges OF Keeping dsordery
houses. Fllty.eRnt unfortunate girls were ar
rested and locked up IN the Tenth precmct station
house, where tney made the night hldeous with
grOans, curses, prayers ana signs OF repentance.
Tney were all arraigned before Justice KlDretn,
at Essex Market Police Court, ana the scene pre-
sented was pltiabe IN the extreme. Many OF the
prisoners were young and evluentiy unhardened
In vice, but the majority OF them bore the unmls-
taxable traces o dissipation anu Drazen
enroniery. Tne Judge held them all In S., ,0Ou oalI
to keep the peace Tor slX months.
The New York herald., 1874-11-19
Argument of Counsel in the
Kingsbridge Opening.
SMuGGL WHAT CONSTITUTES INTENT
The Commissioner of Jurors
Salary.
Comptroller Green and His Re-
moval Of Officials.

Yesterday George Brews was arrested and
brought before Commissioner OSBORN on a charge
OF having smuggied into this port I2e silver
watches, III gold watches and four imitation
gold watches. He was committed In default OF
$4,000 bah.
The trial OF Charles and Mary Fisher charged
with completely in an assault upon two German
girls In house kept by them In Twenty-sixrh
street, occupied the whole sitting OF the Court OF
General Sessions yesterday. To-day the case Will
be submitted to the jury.
In the case OF John Gien, who claims to have
been elected Comptroller OF the city OF New ork
tn the fall OF 1872 and who has, with persistency
worthy Of better late, fought for the establish
ment OF his claim in the courts up to the present
time, Judge Donohue yesterday dismissed all
proceedings The would-be Comptroller must seek
for redress IN some higher quarter.
No action was taken yesterday In the matter OF
the application OF bail Tor Coroner croker, indicted
by the Grand Jury for the shooting of McKenna on
election morning. The Court Of Oyer and Ter
miner was crowded In anticipation OF forensic
tOurnay between the prosecuting onlcer and the
defendants counsel but IN the absence OF the STEM
ographer's minutes, not yet transcribed, the mat.
ter stands over for a day TWO. In the mean.
time Mr.. Croker remains In the Iombs.
August Major, who was indicted for an outrage
upon Que Eliza Collins on the 1st Of october last,
In Backwell's Island Hospital, in which she was
an inmate at the time and Major an orderly to the
Commissioners or Charities and Correction, sta
toned on the Island. was yesterday pus upon his
trial in the Court OF Oyer and Terminer, before
Judge Barrett The gravamen OF the charge was
denied, and the case having been submitted to the
jury that body, after short deiberation returned
verdict Of not guilty. The prisoner then dis
charged.
Ex-Judge Waterbury, codeiendant with Mayor
Havemeyer in the suit for libel instituted against
them by Mr.. John Kelly, made application yester-
day to Judge Donohue IN Supreme Court Cham
bers for iurtner extension OF ten days to answer.
The application was granted.
The New York herald., 1874-11-19
TOMBS POLICE COURT.
A Youthful Brigand.

BtIUTu Judge KuSDIITt.
Thomas Flemming, little boy who is in the
employ OF the District Attorney has been annoyed
for some time past by lad named Alex. Chad
wick, Of Brooklyn. Chadwick, 1t appears fiom
Fiemmlng's story, is in the habit OF oaing around
the street and waiting for him. on several occa-
slOns Flemmng has been assaulted and punched
by Chadwick, who demanded his money. Yester-
day Chadwick was arrested and Judge kasmire
committed HIM for examination.
Petit Larcenies.
william r. Whitehead charged John Clarke with
having stolen an overcoat valued at $l6. Clarke
was committed Tor trial at the special Sessions
James Sheridan stole brass axle box from
Henry Brown OF No. II Elizabeth street, and was
locked up iOr trial.
The New York herald., 1874-11-19
TIE IRISH RIFLE TEAM
Departure OF Major Leech and other
hinemen Yesterday in the Russia
The Escort Down the Bny.

Departure OF Major Leech and other
hfhemen Yesterday la the Russia
The Escort Down the Bay.
Major Arthur b. Leech. accompanied by Miss
Harding and the following members Of the irish
Rlne Ieam-viz., Messrs. Kelly. Bagnall, Crowley
walker and Waterhouse, together with Mrs.
Warehouse, lett New York yesterday for home ON
the Cunard steamship Russia. They were escorted
BY a committee OF the National Rlne Association
from the Filth Avenue Hotel to the foot of twenty
third street, North River, where they were re-
ceived oy another deputaton OF leading citizens
on board the Quarantine steamer Nelson X. Hop
kins. which conveyed the party 10 the Cunard
dock at Jersey city. Among those present on TIE
Nelson X Hopkins were General Green, General
Thompson, General Knox, Colonel Church. Presl-
dent Of the National Rhie Association; Colonel
wiDgate, President o. the Amateur Rine Ciuo (;
Colonei Gildersleeve. Colonel W. IL. Reynolds,
Of Rhode Island; Lieutenan5 t Futon nods
and Crouch; General NJ. 4. Mcmahon, General
Moiynenx, General harton Aide de Camp 10 Gen.
erai Hancock General McQuade, General Ward
and Quarantine Commissioner judd. Just pre-
vious TO the arrival OF the steamer al the Cunard
wharl number Of speeches were made, wishing
Gocspeed 10 the intending voyagers and con-
gratuiatury OF the kind feelings which had been
engendered oy reason OF the late contests. MAJOR
Leecn responded In peculiarly fitting terms, and
spoke III hearty tones ol the grand reception aud
hospitality that mad been extended TO himself aud
the other members OF the team. lie promised on
behaii o the irisD people that the American rifle
men, on their visit to Ireland, next summer,
would md tnat they would be greeted by the
warnest OF hearts, and that every possible pans
would be taken to impress them with the anection
felt by the irish or taef American COUSINS. In
conclusion he sad he hoped that the rines Of
either people would never be turned against
the other but that the rihemen Of both sides
would forever be found waging with each other
SIDE by side in spirit OF emuiahon 10 obtain tho
greatest need OF success In such bleodless battles
as the one just fought.
Colonel Vim sste, IN responding TO toast TO the
Amateur Rite Chm, stated tHat botn teams mad
determined In tne uture TO shoot merely lor the
honor vi the championship, without any stake
being put up. Iney e. ne SAID, that by doing
the character OF sueh contests would be netght-
ened. besides preventing any imputation
being Brought against any OF the members OF
either team that they were professionals"
Possibly, he thought, some commemorative cup
or badge might be arranged for, but that would be
all that would be allowed. Speecnes we're also
made by Mr.. Waterhouse, General Mcmahon. Gen
erai McQuade, General Green, General Thompson
ana diners.
AS soon as the departing guests embarked on
the Russia a salute OF eleven guns was fired rom
the Hopkins, which accompanied the steamer down
the pay as lar as Fort Wadsworth