davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
MURDER N JERSEY CITY.
WOMAN POISONED by HER ALLEGED PARA
MOUR.

WOMAN POISONED BY HER ALLEGED PARA
MoUR.
Yesterday morning. about two O'Clock. the at
tennon or Sergeant McKaig was called 10 the case
ola woman who was lying in serious condition
In rear building Sussex street. Jersey city.
She was found to be suffering from violent
spasms. The sergeant leaving o1icer IN
charge, summoned medical attendance. When
the physician arrived the spasms had abated, and
he, mistaKing the nature OF the case, ordered a
dose OF castor oil. The woman swallowed the
draugnt and became worse. She told the
oficer that her name was Mary Falon, aud
that she had been poisoned by John Mo-
ran lie had called 10 see her the previous night
and brought with MIN two bottles OF ale. Only a
lew seconds elapsed alter sue swallowed the
drauRht wnen she exclaimed that she was pols-
oned. The ofiicer had ner removed to the City
Hospital where death put an end TO her suffer
ings a few no urs afterward. The glass from
which she drank the ale was taken to Police
Headquarters. and a thick sediment OF Paris
green was found In IT, The police went in search
OF Moran 70 his boarding house, at the corner OF
SteuDen and Washington Streets and he was
found In bed. lie was taken 30 the First precinct
station house and placed in a cell. He was not
asked Any questions on the way nor did he make
any strong protest against the arrest.
= Az eight O'Clock he was taken before Justice
ministering poison 10 Mrs. tallou.n To this the
accused replied that he did know anything about
/ am informed by the oricer.u AT TINS Announce
ment Moran became suddenly pale ana nearly
tainted. de was tnereupon taken back TO his CELL
lie Is about twenty -slx years OF age, whle the de-
ceased about oTty. 1t appears that she left Ire
land some years ago. taking with her three children
and leaving TWO behind with her husband These
TWO children she afterward brought &c this coun-
try but ner husband never came out. Sne kept a
boarding house Jersey city, and among tue
boarders was Moran. about whose intimacy with
her there are grave rumors. At length
she gave up the boarding house aud procured en-
ployment In washing the cars on the Central Rail-
road. Moran sought new quarters IN the board
ing house where he was arrested. Recently there
a hQ
frequent quarrels. Up to these differences many
OF the neighbors supposed they had been man and
vile. Between ten and eleven O'Clock on Tues lay
night Moran called on her, bringing with him the
two bottles of ale winch were unopened till he
tered the house. After she drank he LETT the
house almost Immediately and she was attacked
with commissions.
coroner Whean empaneled jury ana after the
body was viewed the inquest WAS adjourned till
tomorrow evening. County Physician Stout Will
make post-mortem examination.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17

had juit deprived OF the partner OF his Joys began
TO experieu ce the discUmIorts following tne II.
fuds of single lie, aud rhereupOn mnde proposals
oil mar zee to her with the view OF supplying the
place so recently made vacant by death: mat the
defendant explained to the plaintn that the pecu-
liar character OF his business maoe ~ paTucuiaIy
desirable to have ompanon for life; that ne
then assured her that his intentions were h0nor-
able, ana unless she were engaged 10 the young
man then paying attentions to her she had better
discard MIN and discontinue MS society; tnat ~
was Imprudent to marry young man whose cir
cumstances in life would not afford her proper
llvelihood; that the young man's society was
became the sutton OF her hand and heart; that ne
promised 70 marry her, and under the innuence
or the promise succeeded In seduclng ner ana
making ner pregnsnt with child. me plaintiff
says that the defendant excused his conduct,
saying that tina very recent burial q
his wife over whose grave the grass had scarcely
commenced TO grow would make marriage ~
mat time the subject OF unpleasant remarks ana
comment by the friends OF the parties, anu such
unpeasan tness should be avoided: tnat bis IN
tentlons were honorable, and that ne Woulu Ger
talnly make her the vile OF his household Inc
defendant denies the alleged promise, ana tnls
denial created issue which Is the INST, ana lot
you TO pass upon. You are 10 say from the EVIL
dence whether the defendant promised TO marry
the pantiff or not. Ii ne never made the promise
ne is not liable TO the plaintiff and your verdict
will be Ior the defendant Ii he dld make tue
promise ne Is liable, and the seduction following
IL Is to be considered IN aggravatlon OF damages.
The contract oil marriage, Ike any other, may DC
implied from the facts and circumstances OF tns
case and from the acts OF tue parties. ProWaing
all these things concur in satisfying your minds
that marriage was the real ana honest lutcutlou
of the parJes and not mere Illicit intercourse,
criminal in moral point OF view. was there
contract between the parties expressed In words,
or necessarily Implied from the circumstances
before referred to
the Jury in a short time rendered verdict IN
favor OF the plaintiff Tor $4,000, and the court
granted an allowance OF five per cent.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
MARINE COURT-PART /.
Before JUICE Allen.
MANTRAPs ! BEWARE

MAETRAPs BEWARE
Mary Kreistein VS.. Louis Kaufman.-This case,
aside from the circumstances out OF which 1t
grows has quite an Interesting legal history. The
complaint was sworn TO in June. 1870, ana came
on for trial before the late Judge Tracy, without
q jury, In the following December, when judg-
ment was rendered In favor OF tee plaintir Tor
$3.50 This Judgment being set aside by the Gen.
eral Term, Judge Spaulding tried the case the
following year, rendering q Judgment Tor de-
PENDANT on the ground OF contributory negligence
on plaintiffs part, In appearing by the record that
she testned on the rlal:-''rne light from the
lamp cast such light that could the state OF
the cover: II the cover mad been shut very likely
| would not have iallen into It. motion Tor
new trial was subsequently head Dy Justice
JOachImsen, who held that the above extract
was incorrectly translated BY the interpreter
from the German language, 10 which the witness
lestl0ed and granted a new trial. The counsel
for pantIn then 10 seems lost sight OF his client,
and succeeded only WITHIN short time IN reds
covering her, when the case was again brought to
trial Tne case grows out OF the following clrcum-
stances, a. testified to by the plalntfn - She was
walking down Eighth avenue on the evening OF
the 2oth Of March, 1870, carving per chIld,
ping upon the coal vault cover OF No. 405
Il turned, and her right limb went down, MUIR
ing her severely Palntln's husband corrobo-
rated her testimony, ana the evidence or the al
tendnQ physician, now dead, was read from the
printed case. ON the part OF the defence the case
was claimed 10 be speculative one, II being tes-
titled that such an admission had been made by
plaintiff, and that she was injured nut slightlV out
the M am point relied upon was that plsIntIn had
leased the premises TO a Mr.. Wanier who coven-
auted to Keep them In repair by the terms OF his
lease, and IL was testlfed 10 that the defendant
mad put them Ia perfect order, including this slide
cover, before surrendering them. On this ground
O dismissal Of the complaint was aske,i for, whlch
the C0ur: denied letting the case 20 10 the jury,
VINO rendered. q verdict In plaintins iavsrfor $500.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
UNITED STATES SUPREME COURT.

June ~, loIos-Nos le5s ~ 10 ~, 90 10, lOa, NO.
lis, l16.
UNITED STATES SUPREME COURT.
THE SUIT By THE HEIRS OF TEE LATE DAVID
G. OBSERVATION-DISCLOSURES OF THE LOWER
COURT AFFIRMED.
WASHINGTON, June 16, 1878.
Tue following decision has been delivered by the
Supreme Court
No. LA John Kelley ana Mary Kelley, his wife !;
George Wilson and Ann Wilson, his vile. and Ellen
Lyncn, appellants, VS.. John A. McGlynn ct al
Appeal from the Circuit Court Tor the District or
California.
Alter reclting the statements OF fact contained
in che bill and the grounds OF the defendants de-
murrer Mr. Justice Bradley delivered the opinion
OF the Court, Of which the following Is q sylla-
bust
court OF equity has not Jurisdiction to avoid
Will or 10 set aside the probate thereof on the
ground OF fraud, mistake or forgery This being
within the exclusive jurisdiction OF the courts OF
probate Nor will a court of equity give relief by
changing the executor OF n will or legatee, with
trust IN favor OF third person. alleged TO De de-
the Court OF Probate could AFFORD relief by re iusing
probate of the will in whole or IN part.
The same rule applies TO devises or real estate
OF which the courts oil law have exclusive jursdic-
tlon except in those States which they are SUBJ
jected TO probate jurisdiction.
liz seems thar where the Courts OF Probate have
Jurisdiction, or where The period for Its further
exercise has expired and no lacnes are attribut-
able 10 the lnIureu party, Courts Equity viii.
terpose TO give relief TO parties injured by
fraudulent or forged will against those who are
possession OF the decedert's estate or
It's proceeds, mala fide, or without con-
sheraton. But sucn relief Will not be granted
to parties wno are in laches, as wnere, from
ignorance OF the testator's death, they made no
effort 10 obtain relief until eight or nine years
after the probate OF MS Will. Ignorance OF fraud
committed wnlcn is the ordinary excuse Tor de-
lay, does apply In such case, especially when
10 is allegea that the circumstances OF the fraud
were puolicly and generally SHOWN at the
domicile oil the tesiator shortly after mis-
death. While alterations in the jurisdiction
In the State courts cannot aGect the equltaDe
Jurisdiction OF the Circuit Courts OF the United
states so long as the equitable rights OF them
solves remain, yet an enlargement of equitable
rights may be administered by the Circuit Courts
as well as by the courts OF the State.
Anrmed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
COURT OF GENERAL SESSIONS.
Before Recorder Racket.
AcoUITrALs.

AcoUITTALs.
william B. Hlckox, conductor on the Second
Avenue Railroad, was tried upon a charge
OF receiving a pocketbook containing $50 wnich
was stolen by a little boy named John O'Con-
nor from the person OF sarah Mcmahon on
the 81 OF February last. The only evidence Inn
plcating the accused was the testimony OF the
thief VINO so conducted himself upon the STAND
as TO lead the Recorder in charging the Jury to
observe that he was the most consummate young
scoundrel he had ever seen. one witness was
called to prove the unexceptIonable character OF
the Defendant and the counsei said he had num-
court 10 establish his good character. Tne jury,
without moments hesitation, rendered a ver-
dict or not guilty.
Patrick carroll ana Carrie Carroll charged with
stealing clothing valued at $3.50, tue property OF
Anne Greene, we're also acquitted, the prosecu-
ton being unable 10 make out case against
them.
ments, pleaded guilty 10 one, wnlch charged that
on the 10Th or May ne stole a package OF fancy
paper valued az 500. The property OF Hang \
IOcTcher, No. 70 Duane street. Tue Recorder
fenced the prisoner 70 the state Prison Tor four
years ana SIX months.
Charles Hogan, VINO was jointly indicted with
William Brown and August Levinski, was tried
upon indictment charging them with breaking
into the cutlery store OF Frederick Keinarth, No.
Ia East Houston street, on the l5tn o. May About
500 worth or cutlery was stolen large portion OF
winch was traced - room In Allen street, where
LevinSki and Hogan were found. The accused
swurc that he knew nothing ~ the burglary, ana
was there by invitation Of Levinski. verdict or
acquIttal was rendered BY the jury.
ROBBERY.
john Kirkland, youth, was tried upon an in.
dictment charging him and a confederate twho
escaped) with attacking Charles Maurer on the
evening OF the 23d of May at the corner OF Broome
and CROSBY streets, and stealing q gold watch and
cham valued at 80. The evidence was 50 CON
vlncln2 that the jury promptly rendered verdict
OF guilty. his Honor sentenced the bOy to the
PenItentiary for ten years, remarking that ciu.
zcns must be protected from the depredations OF
men VINO are Dod as TO commit robbery &C an
early hour IN the evening.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
COURT cALENDARs-TH1s DAY.

SUPREME CouRr-oHAxnERs-He by Judge
Brady-Nos. 122 12a 12s Ill ZOO 2ll 2sl, 242, $50,
SUPREME IoURr-sPEcLAL TERM-held BY Judge
acknowledgements ;, IL. IS Issues s.. OF
SOL isa 1856 ASH 5a5, i2o 445, 4al las 4is, 81 1853,
427 266, 27l 49l, 5o4 AGA, 527 1s2, 34s, 4os 49s.
Judge sss @ sos @ as
100. 0e2, 1000 800, 1oooH 1884. so2s aO5s 1874,
Nos 27so 1856, $751; oss, I2lo sosl. 1856, $40. 90,
1888. $685. 1886, 1915, 1908, lSes1a, 1917, l247 isl,
1921 22o4,9 1861, 1914, s2s ses, 242s, l44s, 1775.
SUPERIOR counr-TRIAI rsRM.Pars Held by
1903 o7s Part Held BY Chief Justice Moneu:-
$40. 1910, esS, 1926. eos, 1910, 1895
SUPERIOR CoURr-SPEcIAL TERM-Held BY Judge
s a5 81 So l. II r. g. 81 90 ST. sS 49,
COMMON PLEAs-TRIAL TERM-Part l.-Adjourned
Hat MSoaa 14ss il f i7a l 49, ii
I4s5 l4s4, i4s7, 1885 25o5, 1912, 1913, 1915.
COMMON PLEAs-EouTY TERM-Held BY Chief
Justice Daly.-Nos. /, IS, SO, 90, 20. s. Al.
MARINE CoURr-TRIAL TERM-Part Held oy
Judge Alker.-Nos 1852 4lea. 1885, 2O51. 275s, 27si
Part 2-Held by Judge Gross.-NOs. 227o, 26l5 1881.
1885, 24es 24s9. 25s7, 4lo2, 419s, 22ss 2o5s, 1924
Judge Spa spsuIainr@Sos. 4a7s, 1887 Ass 44si 1855
1855 1851 2455 $685. 2ss4 3OO7 3o2, soi3 so14 BOIL
Part 4-Hed BY Judge Mc 3A am: 500 ST.
442 1882 2653 2654 2655, 2656 1851 1885, 2674 26i6
a6s4 27O8 2764 2766 2s04 2960 1867 296s 1869 297l
2972 2975 1916 297s 297s 1880 29Sl 1882 $685. 1885,
2oS7 29sS 29So 299o 1892 2993 2995 2704 1885, $685.
COURT OF GENERAL SEssIoNs-Held by Recorder
Hackett.-The People VS.. Thomas Conoby, bur-
glary: same vs. John Kenny, burglary; Same VS..
Peter Glroy telonious assault and battery; Same
VS.. James Young, grand larceny; Same VS.. Charles
NJ. Rosner. grand larceny; Same VS.. charles Har'
rington, grand larceny; Same vs.. Thomas Marley.
Thomas Hill, Henry Meyer and Isaac White, grand
larceny; same VS.. Patrick HeGernan, grand lar
ceny same VS.. Charles Otto ana Philip Reilly,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
DRINKING POISON.

In the. Superior Court yesterday, before Judge
Mcneil, Jonn Ryel brought suit against Captain
J. Kennedy, OF the Inman steamer City OF brussels,
for the death OF mis- son, laying dam
ages at S5,oo0 The plaintiff set up
that he and his child took passage
on the steamer City OF Brussels from Liverpool to
this city, and while on the way 10 TINS port the
child drank some sulphurlc acid which had been
lett ON the deck, whereby It's death WAS caused.
The defence replied that the captain could not be
responsible, as the acid mad been placed on the
deck by the steward as dIsinfectant by order OF
the surgeon OF the port. The Court nonsuited
the plaintiff on the ground that The only party
who could be held responsible Tor the death oil the
child was the surgeon OF The port, who had
ordered that the acid be placed on board the
steamer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
TIE BRooKLYN WIFE MURDER

The Coroner's Jury in the case Of Mrs. Ann
Diehan who died On last SuniaJ morning az her
place oil residence on tine third moor OF the tcne-
ment house No. $50 Front street, IRON the effects
OF beating at the hands o. her husband, JOIN
Dienan, returned a verdict that she came TO ner
death by ms brutality. Diehan admitted MS guilt
and was committed 70 jan 70 s~sIt the action OF
the Grand JurJ.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
COURT OF APPEALS.

ALBANY, n. Y, June 16, 1875.
The following proceedings TOOK place n the
Court OF Appeals to-day
No. g. Truman X. Coleman, appellant, VS.. Ed
win II. Shattuck ct al, respondents.
No. Al. John Mullaly, appellant, VS.. The Mayor,
&c, oil New York. respondents.
NO. 10. Ruth f. Dean, respondent, VS.. The Erna
Life Insurance Company. appellant.
Adjourned to Thursday, June IL.
CALENpAR.
The following Is the Gay calendar for the Court
OF Appeals for thursday, June 17:-Nos So 81, 50,
%, 80, 70, 70, 255, 300
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
TObIBS POLICE COURT.
Before Justice Ot,erbourg.

william II. Baker, respectable appearing man,
was arraigned before Justice Otterbourg, yester-
DAY, on complain or Leander L. Lovell, agent or
the FAN River line, VINO charged That on the 2sth
or Lass month the defendant came to MIN with
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
TROUBLES OF A FERRY COMPANY.
THE GLEAsoN-RoBERTS CASE.

few days since motion was made before Judge
van Worst In Superior Court to discharge Roberts
and Gleason, OF bond forgery notoriety, from fur
Their custody Judge Van Worst rendered his deci-
ZION to-day. denying the motion and, therefore,
Rooerts and Gleason will remain In jail Tor an IN
DEFINITE period, or, at least, uD;il they again
tried on the criminal indictments now pending
against them.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
THE COURTS.
Action Against a Captain Of an Ocean
Steamer---A NOnSuit.
FIVE THOUSAND DOLLARS FOR AN EYE.
Child Murder-verdict Mansaughter in
the Fourth Degree.
THE STATEN ISLAND FERRY COMPANY

Edward Casey, charged wish stealing sixty cents
from the person OF Samuel Feldham, pleaded
guilty to an attempt to commit the offence. Sent
TO the State Prison for one year.
John Shortei, VINO was indicted for stealing
clothing valued at $50 from William Lendrum,
pleaded guilty to petit larceny. Sent TO the Peni-
tentiary for six months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
ESSEX MARKET POLICE COURT.
RAfnre Indra Mnr1nn.
LARCENY FROM THE PERSON.

LARCENY FROM THE PERSON.
At this Court yesterday, Thomas Baker was
brought up on charge made by Philip wonl-
back OF having, while Wohlback was asleep In
Tompkins square on wednesday night. seized mis-
watch, valued at S23. and run on. Baker was
rested by Oficer Kavanagh, OF the Eleventh pre-
cinct. He was committed to answer in 81, 900
bail.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
FIVE THOUSAND DOLLARS FOR AN
EVE

AS william Glenn was walking home with his
wife from theatre, one night In the fore part OF
last month, he was accosted by man named
Charles Z. Null who insulted his wife. friend
OF Mr.. Genn's resentea the insult and made q
motion to draw q pistol. Mall thereupon ex-
claimed that the affair could be settled In some
other manner, and poked his umbrella into Glenn's
Null for the loss OF his eye, laying damages at
SIS, 900. The case was tried yesterday before Judge
Westbrook and jury IN the supreme Court, and
resulted IN verdict Tor the plaintiff for the iull
amount claimed.
CONVICTED OF CHILD MURDER.
The trial OF Elizabeth Munger for the murder OF
the child Jacob Hager In May last was yesterday
morning continued before Judge Davis, in the
Court OF oyer and Terminer The defence intro
auced several witnesses TO prove the insanity OF
the prisoner at the time OF the commission OF the
crime. At the conclusion or the evidence for the
ueencc Mr.. Howe, counsel for the prisoner.
summed up IN her behalf He made a
long and eloquent argument, urging her
S ne contended had Been clearly proved dur
ing the progress oil the trial. he was
followed oY Assistant District Attorney Rollins,
who In an able argument on behalf OF the people,
contended Tor the convection or the prisoner.
claiming that the evidence clearly showed ner to
the jury, carefully reviewing the evidences aud ex
planning to them the different degrees OF murder
manslaughter. After an absence OF an hour
and half the jury came into court and the lore
man announced that they could not agree. Judge
Davis again charged them. The Jury again retired
and after a short absence returned and rendered
, verdict OF guilty. Of manslaughter In the fourth
aegree Judge Davis then sentenced her TO State
Prison for two years.
TROUBLES OF A FERRY COMPANY.
In Superior Court, Special Term, before Judge
Van Worst, yesterday. an application was made
IN behalf OF the city OF New York for an injunc-
lion to restrain the New York and Staten Island
Ferry Company from longer running their boats
between this city and staten Island without per-
mlssisn from the city authorities. The applca-
ton was opposed on the ground that the Terry
company had leased the privilege Of dOckage from
another company, with the fuli assent
oil the Dock commissioners. Judge Van
Worst In granting the application, held
that The city has exclusive right TO lease or
grant franchise TO run ferries from Manhattan
Island and that neither the Dock Commissioners
or any company holding ferry franchise can grant
the privilege to any other parties 10 run Jerry.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
SUPREME COURT CALENDAR.

BUFFALO. n. u, June 16, 1875.
Day calendar Supreme Court, General Term,
June II, lS75.-Nos 1885, % 49, IA, So 95, 1o4, lo6
lis, 116.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17
WASHINGTON PLACE POLICE COURT

FELoNIoUs ASSAULT.
At the Washington Place Police Court yesterday,
before Judge Wandell Edward McGratn was
charged by Ellen McNally, OF No. 1888 West SIX
teenth street. with having stabbed ner husband.
John McNally, in the left hand on Wednesday, the
wound inflicted being OF a dangerous nature. The
prisoner, McGrath, was held 10 answer in 81, QUO
ball.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-17

rote. purporting 70 have been signed ~ n. T.
Peck, manager o. the New Haven Steamnoat
Company, requesting him TO give the Oearer
pass Tor himself and wIfc 70 Boston. The pass
was gwen and the more was subsequently ascer-
tanned to be a forgery. Baker was neld In de:ault
OF $500 TO answer.
GOLD GRABBER GRABBED.
A shrewd II not daring attempt was made yes
terday at noon 30 rob the banking nrm OF Z. $.
Munroe & Co., corner OF Wall ana Broad streets,
OF number OF gold sovereigns. man entered
their ONCE and wanted 10 buy hundred sover-
e'gns, which were placed upon the table. he paid
for ninetytwo OF them In full, AND asked the gen.
tleman waltinv upon him to put them up for him.
He remarked that they were pretty bulky, and he
guessed lie would get notes Tor them. While speak
ing ne was trying TO push pile OF sovereigns
lying upon the counter into the same bag with
those which he had bought. The gentleman de-
tected this movem mt and seized The thief ny the
arm SAYING Don't do that ~ Another gentle
man, hearing the scufe, approached from the
back once. nimbly lcaped The counter and colared
the man. They then sent for an officer, and he was
conveyed to the Tombs. Held for examination.