davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1875-05-14
DECISIONS-MAY II.

.Saprernr Court fhambers--By Judge Lawrence
Slockbridge Wylie Agt Stlwe In IN" maj
BOwcry Village VI. f. Church. In me matter
Dckie icher ilcherGrantesL Certificate of ino1f
ers The names the parties acknowledging the rr
tncaf egibe In tho matter Of the church OF tle Ho
Trinty.-Assessment vacated. Hershberg sg Jute- IN
lowsnce 500 granted 10 the defendant In the MAKER
ag BeaverIn this ease refuse io grant Che orisT
Disclose. by the sisydf
before the criminal and also for the that tho
plaintiff has been guilty Of aches In not making this APPLICATION
heretofore. .
BY Judge Devowrsnsy agt- The Mayor &n:-Ms
ton granted. Greene The Mayor. &c.Aitr delay h
which the plaintiff has born sN
jected the attendant two tr1. Al lrc I'VE
General and th" CO1rt ~ Appeals
amend the entirely o ciaigs es
is technical. reslscts fry0ois. snd
after reading tho opposing aiiiaYits without ssy
foundation in fact Lest tho city might be- prulced nave
whether not my llty 20 permit Nis
upon o all costs Of the cau-" "a iat"'
reflect the satisfied Am tlat ths
made in Da faith AMI ought t be denied VITA oo.t-t
and further criticism upon Earies ai'lL upon ssS
SpeclIiTa7n- BY Judge Van vorstFraaf igt skiiiy ~
a.-See opinion.
BY Judge Van Brlnt-Rourke as. Findings sct
tied
s.Superior COurf-Specidl T,7n-By Judge Van Worst
Cegswe agt MsngamThe referee has not rrpor'ei rpcn
all directed to be inquired mo. especially ~ -
whether other than petitioner has any rignt o on
tro disposition of the fund manner ~ trustee
otherwise Lenaier briswOdlnueSt sot - ie UPON
quent costs and Undertaking Ia psanus
with two sufficient slTetos "a any Judgment that may ID"
recovered against him Evans agL Nose et a. Appcauh
for Inspection Of granted order Ia d" Settled On nto
Common Pieds-Spec.l I9m-By Judge Robl1son
Iobson agt Drew Motion open default deAei With eiS
cDSi. men
New-York tribune., 1875-05-14
JOHN c. sOUTHwICK RECALLED.

John C. Southwick was then recalled and
examined as follows:
By Mr. shearman-Mr sOuthwck. do you recollect an
interview between yourself and Mr. Franklin Woodruff
t your house. which he sad TO you IN substance that
Mr. Moulton had placed 10 his credit in his firm shortly
before s. 900 $5,3o0i A. de-
Mr. Beach, do not what materiaty this has. Sir
Mr. shearnan-Tbis first question rs simply 10 identity
The interview with the mentioned by MI Woodruff
That is all ITO the witness Did Nj Woodruff In thai
interview tell you that Mr. Mouon had deposited that
nonsv that very day and that Mr. MonltOn said II wf
20 be drawn out for Theodore Tton! 4. Yes, Sir; he
4d.
Mr. Beach, wish TO be considered objectng to ths
str 1t Ia on q collateral subject and not proper
O Did Won say TO Mr. Woodruff that occasion that
you Thought your uncle Ii. b. Cls1in might pay that
money.
Mr. Beach, object to that.
Judge Neilson-whether he did or not Z
Mr. Beach-weIi, Sir, 1t Is totally fmnsterial. The
question is whether shall take this contradiction up
On collateral points when 1t Ia objected to.
Mr. Eyarts-There Is not anything new IN the situa
hon.
Mr. Beacb-wen II there is not anything new m The
Stuasion We had better not have II repeated.
M Eyars-I gay there Is nothing new In the question
" Law raised In the matter; IL has Deeh frequently
paAsed upon
Mr. Beach, know IL has been frequently passed upon
aa disposed Of against the evidence.
BY Mr. sbearmxn-Did not Mr.. Woodruff ON that Occa-
n ask whether you didn't think was yonr Uncle
~. Clanin, who had paid III
Mr. Beach, object to it, Sir
The witness-sh2lI answerf
" ksAT1s-Ar Woodruff has been inquired Of N
New-York tribune., 1875-05-14
now TO MITIGATE OCEAN DISASTERS

To fhc EdffOr or The Trtbune.
SIR: The wreck of the Schiller reminds me of
a plan which broached to approving friends at
the time OF the disasters to the steamships Atlantic and
the Vile du Hayre. How would it do to run two steam
ships together each trip especially at this season OF
the year. when every vessel il overcrowdcdi can ap
pecate the objections that DE raised to this plan by
the companieshat they have not sufficient vessels-and
by the critics in general that In stormy weather the
vessels might into each other that they could not
keep enough together else that both vessels might
be wrecked they approached each other the shore
to render assistance Admitting that all these objections
have element OF truth would say 10 the companies
build vessels make half many trips. or else
retire the field and To the critics in general that
between the hundreds Of vessels that now sailing on
the same unknown another: that the com
pan0n vessels need be each Others heels for
many hours elapSe between the time or the accl-
dent aud the loss of many lives, l. once again shown
y latest most terrible disaster; and finally that II
the approach each other to render assistance
though both be wrecked yet the chances two to
one the contrary and moreover that it Is not ncces
approach each other but that the assisting Ves
sci send ont fe-bOats aud other lifesaving appa
rans nave spOhen only OF wrecks. The advantage OF
nv plan is greater i'll the OF fire or ordinary acci
dent at sea- when there Is Then there can be
no manner of objection. The history Of travel has
shown cOnciusiy that neither hfcbOats nor HIesaVlng
apparatus OF kind stand the test OF severe storm
long delay and that in nearly lives havo
saved only by the chance arrival Of some friendly
craft. Why not make this chance certainty
Nep-T York, May 10, l-7J DEMocRrrUs.
New-York tribune., 1875-05-14
THE CITY Az A wARFINGER.

The trial of the suit Of Francis 5. Sinclair
against the Mayor begun yesterday in the Supreme
Court Circuit, before Judge Van Brunt The ship Mag
gle I. Coryillf in July, 1872, dscharging iron on
Pierre No 46 East River when the pier with 100 tons OF
iron on 1t way and sunk This suit ia for 10000
damages caused by this sinking The city denies the
tent of the loss. and makes counter claim that the
,,ntis by overlooking the pier after they had been
warmed broke IL down, causing the city $4,000 damage
Al the close OF the plaintiffs motion was made u
dismiss the complaint ground that notice O the
had condition OF the pier had been given directly or
srctiveiy the city. Judge Van Brunt held that this
wa- different case from defective street The city
ceiyed warfae and Ike private person Ia business
A whariinger, bound 10 that the pier WAS IN a
sond condition and not wait for notice The city then
nj IN its proof In the Case still on. Mr.. Allen
Itler appeared for plaintiff d. Dean for defendants.
New-York tribune., 1875-05-14
bic on our part
JUDGE NELSON SEEKS AUTOGRAPHS.

Judge Neilson-The arrangement which the
con sell out consideration To each other upon is
Of course acceptable 10 me; indeed any arrangement
would be me- and have no doubt will be agreeable "a
the Jury. With reference TO another matter. wish TO
ask the several counsel in the they will in
the other before they leave The reporters and
gentlemen connected with the press who have not
vet given us signatures in this book and who may
be present will find IL with the clerk, and it viii be very
agreeable 10 they would take the trouble 70 it
and write their in ii. Gentlemen, We then sepa
rate until Wednesday morning next, at IL o'clock Please
TO make that as agreeable you can to yourselves.
The Court rhercupon adjourned until next Wednesday
morning AT IL O'Clock.
New-York tribune., 1875-05-14
NETWORK TRIBUNE, FRIDAY, s75-TRPIE SHEET

mandsd ny the statute He should instruct the Commit
tee on Character the required among other
things an actual residence within this Judicial Depart
ment In addition the production Of diplomas and
proof OF character proof OF actual present residence I'D
this district should gwen He had noticed that In the
published list OF students, several were mentioned ~
having other residences.
About so Of the graduates Of Columbia College Law
School residing in second Judicial Department APP
peared in the Supreme Court General Term in session ~
Poughkeepsie yesterday and sworn In ~ attorneys
and COUNSEL lOrs-ataw.
New-York tribune., 1875-05-14

g. 1874, between p and midnight the defendsnt~-
with the members Of other firms, spellman & sssa.
and Butler. Broome Clapp. went To the store n IN"
wehlr AMI took her entire stock, under attachmeat ~
sed out of the Marine Court The attachments ~
aside the ground that obtained by frand, Sc
the action brought There has been Aresdg
tried against the firm Of Butler Brown OApet
and the verdict against them. for $4,000. hss been
affirmed by the Court OF ApPeas Tho present cs:s ~
been ssnf back from the General Term, aud tn
the second trial R0wcn n Wehe appear for the piALn
till: Fullerton, Knox Crosby for the defense
New-York tribune., 1875-05-14
MRS. TILToN's TESTIMONY REQUIRED.

o INC fHITOT Ut I"c ITFV""''
SIR: We confess to great disappointment at
reading your verbatim report Of the scandal trial. that
Mrs Tilton called do not enter into the qnes
ton Of her legal competency to testify but since 1t Is the
demand OF the public and way open to the stand
il the defense would call her. 1t il for regret that
she Ia not to be permitted to confirm her published state
ment with an oath In their thoughts OF Mr. Beecher
too many do not this helpless character OF the
Brooklyn drama. Her character Is surely at stake as
his. The public are ready To hear her s never pe
FORE and aside from a made law IL Is the claim O1
justice that she be- heard. II. C. n.
Turner Center, Me-, May :, 1875.
New-York tribune., 1875-05-14
CIVIL NOTES.

The will of the late John Harper was ad-
mtted TO probate by Surrogate Hutehngs Yesterday.
The testaOr his property his widow and chill
dren. He lert Ave children two ~ whom. John ".
Harper and Joseph Abner Harp-r nicmb'r, oi th'
firm of Harper Brothers. and these qualified a> eN'c-
tOrs. The other surviving chlru iinn ,in 4 i~Ii-
neil. Mary r. II. Root E.labrih H. Beirnrt 10
no beqnrsts Of pGblic nature.
An action for trespass has been brought IA
the Court of Common ?lcl. before Judge Lo"" III i'
case of Wchlc aSainst Ha, land. Lindsay Co. Ou De,
New-York tribune., 1875-05-14
FRESH AIR AT THE SCANDAL TRIAL.

To thf Edtfor Of The Tribune.
SIR: Every day events show us how much
sickness IL CAUSED by badly ventilated rooms. Gen
Pryor MI Beecher and Others had to leave the court
room In Brooklyn yesterday on account OF the foul al
mosphero and only wonder how the Judge and Jurors
can stand IT, | have given the subject Of yenN asion
auch thoasht Aad stsi tiiAi ALI sAi1i Se0As And
New-York tribune., 1875-05-14
CRIMINAL NOrtt.

The trial Of James A. Duffy, Deputy CONTROLLER
Earle's nsalant yesterday postponed Il viii prooAI
be taken up week.
The trial Of the alleged bank burglars, John Simp
william Morgan. concluded In the Court of dec
eral
half O defense Mr. Howe counsel for 1s soens novsd
however discharge the ground technical srrW
In the Indictment This by Judge ,uthorsa4
who then charged Jury verdict of guilty broaghN
In he sentenced nprisonment thS
: rate Prison or years months eAoh
New-York tribune., 1875-05-14
THE TILTON-BEECHER TRIAL.


joining 14ei A. No. Sir; my impression Is that it does
not extend beyond l46.
O. You are mistaken; Il extends nearly the whole
length that is mmateria that s on the other side
Now, MI Morren will you state how that piazza OF las
- situated Just describe the piazza A. Inc moor Ia
four from tho yard in hight The piazza seh
"a about three inches from floor to ceiling Is
ak feet In depth from outside Of the
columns and is enclosed all aides except directly
west
O. And is there a small there in the Of the
house A. There is room, four vs feet, nearly
~ could judge, the north side Of It,
g. Now, is there any arbor over-eXtending from the
piazssf A. grape arbor yes Sir.
Q. Just describe that arbori A. The perpendicular
portion the pazza-from the columns
Mr Beach-How far, sri
Tho witness-Tweve feet; about that Then, probably
hight feet-perpcndcuar hight of ten feet
rafters are extended TO the piazza roof
Q. That along the whole length OF the pazzaf A. NO,
sir 1t Is short OF the building four feet each
side
BY Mr. Morrts-And any grape vines A. Yes Sir.
By Mr. Beach-How well covered il the artor!
BY Mr. Morris-How large the vines . A should
say they Old vines. 10 or 20 years old
BY Mr.. Boach-Covering the whole arbor' A. Well.
they are trimmed now Of the vines reaches to the
piazza roof others fall short
BY Mr. MorIis-Now, in the yard adjoining 14s
and I5O there any trees A There is tree in the
thirty feet from the OF the piazza OF l4s and
the line between 14S and 150-a
cherry tree.
O How large n treef A. The average Of the trunk.
,bout from the ground is four feet six
inches in circumference.
By Mr.. BeacA-The average of the trunk Of the tree
A. Yes Sir
By Mr. Morris-And as TO It's hight, about how high
About 80 feet; should judge, judging from the hight
" the buildings adjoining.
O A cherry treef A. Cherry tree; yes. Sir
O. A large toni A. Yes Sir; quite spreading
Mt Beach-Wel that is OH the sOuth A. That is on
he south OF No. 15O-Of No. 14s
Mr Morris-And the buildings In the rear fronting en-
wilIow-st.. how they locatedl A. There are two
ihreesory and attic brick buildings each AZ feet and
inches from the dividing ne-the line dividing the lots
.t the rear There frame house. so feet, between
the two nearly opposite No $50, that lower
tbout = threestory house
O. In that that you have spoken of situated so as
break tire rays of the from the piazza of No
I48 in the afternoon A That am not sure of, Sir
Q. But the sTbor is directly over A. The srbOr Is
directly over yes, Sir.
Mr. MOrris-Tnat IS all.
New-York tribune., 1875-05-14

other public buildings can he ventilated and supplied
with fresh air Will not the Board Of Health and others
authorized protect the public In this matter ana
take from among OF disease and death
brooklyn, May 10, 1879. AssoS ArwooD.
New-York tribune., 1875-05-14
APPLICATIONS FOR ADMISSION TO TIE BAR.

APTLltAIlONS fOh aDhlSHiON ~ lHE DAB
Judge Davis, in Supreme Court, General
Term yesterday said in regard to the applications OF the
college students for admission that he did not wholly
approve OF the manufacture Of attorneys hitherto car
red The requistous To their requirements were
parl.Is nrovcr enough but solueining moru WA do
New-York tribune., 1875-05-14
Mr.. BOWEN Az A WITNESS.

To N EHtIOr OF The TrI0une.
SIR: When you say that Mr.. Bowen seemed
contradict his pastor haty in points. don't you
think that you mild angagei think that the con
tradictiOns were positive. JUSTICE.
Brooklyn, May Z, 1879.
New-York tribune., 1875-05-14

THE CITY CHARGED WITH BAD FAITH
MOTION 10 AMEND THE CrTY'S ANSWER, AFTER
THREE YEARS LITIGATION, DENIED
In the suit of John b. Greene against the
Mayor, Judge Barrett has denied motion on behalf Of
the city for leave to amend ts answer. The plaintiff
made In suly 1871, under act passed that
year. with the Commissioner OF Public Works 10 lay Gro
mains After he had done some work, finding
he could get no money he abandoned the work and sued
the city for S52748 Os The tried twice and
was appealed twice TO the General Term and 20 the
Court Of Appeals The only proof put in that the
work was well done and worth the amount charged but
the plaintiff defeated the ground that the con
tract was made without advertisement for bids The
Court OF Appeals decided that the contract under the
act OF 1871 was valid and sent the back for third
trial When the was again ready for
trial counsel for the corporation discovered that
the reauistions drawn by the Department OF Public
Works for plaintiffs payment were drawn on AN appro
roIer Earle that the approprson Of 81 900 made
by the Of 1871 exhausted and that the contract
was made under section OF an act OF 1870, moved 20
amend the citys answer by setting up those facts In
ply affidavit Of r H. Clifford Chief Clerk Of the De
drew acquisitions against the appropri alton OF 1871
another clerk pointing out that there was an unex
pended balance OF appropriation OF 1870 applicable 10
the works had drawn against that and that
S75OO0O had been appropriated 70 this work Of which
only S.326l 10 O6 had been used leaving une expended
balance OF Si23ss0 "a. There also affidavit OF
william NJ Tweed that he made the contract under the
act Of lsIl
Judge Barrett comments the margin Of Mr.. Esrlcs
affidavit that IL does not conflict with Mr. COrds state
ment and that the contract could not have been made
under the section he names 10 gives no authority Ia
make contract. AZ his decision he says. After den
Of nearly three years, during which the plaintiff his
subjected to the expense attendant upon two trials
AT Circuit two appeals 10 the General Term anu one To
Court OF Appeals IL II sought 10 amend the answer
entirely to change the issue which all this t
CATION has proceeded. The amendment IL technical, in
respects frivolous and must after reading the
opposing adavits. without foundation In fact Lest
the city might be prejudced, have hesitated a 20
whether IL not my duty 10 permit the amendment
upon payment OF a the costs OF the To dai.
the reflect IT, the satisfied that the
motion made in bad faith and ought to b denied with
cD5ls"
New-York tribune., 1875-05-14
CALENDARS-THIs DIV.

SIPRENz Ugr-CHANBR!s,-LAwRPS'g J.
Cer,u.p Am Rank agt q 2sl Ferguson igL Feryu-
New-York tribune., 1875-05-14

INFORMALITIES OF DIRECTORS EXCUSED.
TIE SALE OF TIE PROPERTY OF THE NEw-YORK
AND VIRGINIA STEAMSHIP COMPANY APPROVED.
In the suit of John Franehof against
Francis skddy others, Judge Van Worst in supreme
Court Special Term. has rendered elaborate opinion
The plaintiff represents stock in the former NewYork
and Virginia steamship Company In July, 1867. the
directors who are defendants sold their two steamships
the Niagara and to the Old Dominion steam
ship Company for 900 shares OF stock in the latter com
pany and S37 800 and thus substantially abandoned
their James River business to that company. They sub
sequcnty -Old the YazoO to the same company for
$4,000 and their only remaining steamer the Creole,
was lost the her producing $4,000. The
The plaintiff charged that the sale OF the Company :
property Was fr:iuiulcnt that tho steamships were
worth 300 the stock taken for them was worth
only per cent: that Skdty by this transaction be
came director the Old Dominion Company, and lie ana
other directors acquired other Advantages The plaintiff
therefore asked that the sale be set aside ana all tle de-
PENDANTS held account with AL the stockholders who
may come into the SUIT
Jure Van Worst holds that sale by directors OF the
whole property ~ company. To destroy It's entire
business not lawful but under the circumstances the
COMPANY indebted in Sol 900 ana IT, creditors
pressing the directors having duties 10 creditors S Wen
Stockholders and the business, owing 10 the cOnp
titiOn OF other lines being losing one hat Their
action excusable They might have called general
stockholders meeting and submitted the question 10
thcm but as that would have injured the sale thy were
excusable omittng that. "A the price which they
obtained good the being sold three wears
later 900, and they offered the stockholders
prOpOrtiOuate interest in the stock they gO on tir
terms and plaintiff long delayed his action
Judge Worst decides that the transaction should
not be disturbed formal accounting was never
made stockholders and they are entitled to one
directs such accounting ana giVes Hiihu"
tions to the injuries To De MADE on sucn
New-York tribune., 1875-05-14

2Sl Ferguson AZ Feryt-
-Du
2S6 Wheeler agt- Rsm.nc-
ton.
23~ Ch!ii'n AIT. Browne. Cd
296 Fowler Art. Hrn7bn
800 Audenrie'i.sC. .sl- iAft
child. SC.
3l7 Davis. Xc., lyt. iais
don.
J2O Bum, &c. AT. Doyle
E2l MODrr agt Grant
322 Foster. NC.,agL. -n Jh-
323 German an. BIIk asi-
Iftt. * r.l. coal Oo.
New-York tribune., 1875-05-14

THE TESTIMONY IN THE CASE CLOSED.
Mr. Shearman-IIOw much was it
The Witness-One hundred dollars
Judge Neilson-We won't take the amount.
The wtness-I like to back up my opinion any how.
even If 1t ia wrong.
Mr.. Evarts-We rest. In regard. II your Honor
please
Mr.. Beach-The evidence then is closed; understand
The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-12
DE MURskA.

The excitement over Nile. De Mursha is
very great, and the tickets for the concert
tonight are being rapidly taken In the
programme of the evening change has been
made, and instead Of the duo between Nine.
Carreno and De Murska, Mons. Laurent, pre-
mier tenor OF the Opera troupe, will sing d
number OF his choicest selections solo.
There transpired a neat and appropriate
ceremony Wednesday night during the perform
an.e at the Opera, which fox its dellcscy was
peculiarly interesting
Nile De Murska in acknowledgement of the
talent and high artistic worth of Mons. Braga
presented him with a beautiful wreath, in the
centre OF which was an sXquisitely wrought
violincello ii miniature. The tribute was re-
ceived with that appreciation it deserved, and
Mons. Braga treasures il as a souvenir OF his
connection with the great singer
The press has been 50 great az ene ticket
Office and the demands 10 hear her so strong,
she has been prevailed upon to remain, and
will, on Monday evening. sing in "Eiggo-
letto." Our amateurs should not fail to attend
the concer. tomorrow evening and the Satur-
day matinee. aS K viii be long time before
they can enjoy such musical feast.
The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-12
A BOLD OPERATION.
He Deals in Cheeks, and Has
Drawn upon Seyera! Firms for
4 Moderate Supply Of
the Npedfui.

4 bold operator in the swindinc line has
recently made hi, appearance in our city
where he fondly hoped. doubtless. 70 reap a
rich harvest ia i lrle. season, and .acn seel.
other rich and remuaerative fields.
| That he has been successful - some ex.
F.. bogus checks drawn tor small amounts, have
circulated freely within I'll. las: few DAYS.
and the banks upon which they were drawn
have IA some instance, unsUspectingly paid
them I'll. unknown operator has varions
devices Whereby he Las managed to possess
himsel: Of the blank checks Of prominent
business houses. AM ascertaining the banks
wherein the said houses kept their deposits,
ne has accordingly drawn upon them.
He secured from the firm Of H. Fitzwilliam
~ Co. {. number Of sample checks, in this
way: Presenting letter purportins to have
been written by the firm Of Messrs. Jet 4
Co. ;'nlton. Arb. 70 ',Iessrs. T. T. 4 J. NJ
Allen 4 Co.. askin. .ha. thousand lettey
heads and one thousand stamps, also. few
sample checks be Immediately sent them.
the order was uns1lsp octingly taken as de-
sired, and having the checks on hand, they
were given % the Young snau who, it was
thought, took them "a Messrs. Allen x Go.
When the setter-head, were sent to the
Office Of Messrs. Allen & Co. howe YER il was
ascertalned that they Lad never given any
such order on account Of AItssrs. Jett x Go.
1t was then OWNED that the unknown gent
y,1I n.al, IA. = i.E