davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1875-09-10
THE COURTS.
The Rose Michel Dramatic
Controversy.
PRELIMINARY ARGUMENT OF COUNSEL.
Around the World in
Eighty Days"

The legal controversy the proposed production.
OF the drama "Rose Michel the Fifth Avenue Thea.
trc beginning TO assume phase Of interest in the
courts temporary injunction recently granted
by Judge Freedman holding Superior Court, Chambers
restraining Mr. Daily from producing tho play and
Messrs. smmonds and Wall dramatic agents from
parting with any copy OF tho drama the came,
ap for argument yesterday before Judge Curtis
prder 10 show why the injunction should not be
continued The facts Of the having been heretofore
published in the HERALD Il is unnecessary TO repeat
them Ex-Judge Dittenhoefer and c. W. Brooke ap-
peared for the applicants for the injunction William D.
Booth for Mr. DAILY and W. E. Smith for Smmondsslnd
Wall
After the reading by Judge Dittenhoefer of the
rlant and other papers for the plaintiffs Mr.. Booth
f sed preliminary objections TO the entire proceeding
He claimed the bill fatally defective through its
multi iarous character in seeking judgment and relief
arains, different parties OF different character ahat
the sam was demurrabe its facts, because several
causes Of improperly united and lastly, that
thcrc was fatal variance proof The decision upon
these ohio ctons being temporarily waived Mr. Booth
procccded to read the papers his sSie the
brincina zone being the affidavit OF Mr.. DAILY,
that he pur ased the play Rose Michel fro Ernest
Blum but fou nd 1t unit for production bel orc FIFTH
Avenue Theain audiences and subsequently purchased
\ translation Of it from the codeendans III al 1t was
s,vicious French drama it came into cendant's
hands and that IT. after defendant pur' ;ased the
play rom the En- lish agents, Smmonds X Wall, that
plaintiff commeh ced 20 apply for purchase
70 the author in defiance OF previous
sale to one L. NJ Baylis, the hu sbaud Of
Mrs Mary Glaalstan :. Some considerable sparrng
cnsued when Mr Smh h entered the hng OF his
papers on behalf OF Sin umonds and Wall. the principal
paper being an afidavt of the latter maxi ag gen
era denial OF the allegan ons ia the complaint
1--WE challenge the 9th er side to put in ner manu-
script of the play" re marked Judge D ftenhoeier
sOirs is IN and want L heirs in. "
swc decline the challeh Sc, p" answered Mr Booth,
tsbut IL the gentlemen wish the play, they do
by going next Monday.nisht 10 the htn Avenue
Theatre. ="
An anidvit was read by M. Brooke, Of Campbell
Clark of London England, setang forth q nat he was
proprietor with Theodore Mcha4is IN inc drama Rose
Michel and that they sold thcsaue 70 Si' . Mary "iad
The above completed the preliminary skirmishing,
md after some rather heated disssion the argument
on the of the oSas adjourned til twelve NJ
TODAY.
The New York herald., 1875-09-10
THE CITY DEPARTMENTS.
DEPARTMENT OF PARKS.

II is stated that great abuses have existed relative to
openings and improvements in charges under the
head of surveyors fees This the elastic item in
tho bill of expenses made include all modes Of get
ting money out Of the city treasury In proceeding
with the improvements in the Twenty-thrd and
Twenty fourth wards the present Board proposes to
form this abuse altogether. Park Commissioner Mar
tin is at work upon the details of plan by which all
the maps and surveys that necessary in the open
ing any street and the laying OF an assessment for
the improvement of any street will be supplied by the
Department Parks and the distributed upon the
different works in progress 1t is understood that all
extravaganza in surveyors fees will be thus wholly
avoided and the amount charged upon the property
owners will be but small fraction of fees that the law
allows under its strctest construction The work will
also be done with much greater efficiency and cxpedi-
ton The Park Commissioners have just appointed
Mr.. Edgar S. Van Wnklc engineer and surveyor Of
street improvements and are engaged in perfect
ing the details OF his Office This gentleman has had
large experience an engineer, and is perfectly
familiar with the public works OF the city.
The following additional appointments have been
announced from this sdepartment:-Charcs NJ Harris
assistant engineer; Ed. A. Miller rodman; William A.
JeIres, Peter Kelly and John Arnold, axcmen.
The New York herald., 1875-09-10
TRIALS OF POLICEMEN.
CONTINUATION OF OFFICER MALoNEY's CASE
ANOTHER ADJOURNMENT.

ANOTHER ADJOURNMENT.
The case Of Patrolman Maloney OF the Twenty ninth
precinct, again called up before Commissioners
Matsell and voorhs holding Court yesterday at Police
Headquarters. Hon. A. Oakley Hall appeared for the
defence. Counsellor Mclean conducted the prosecu-
tion.
The first witness called was Mrs Sellc Mouric, the
proprietor house of i'll repute Thirty first street.
who testlfed:-
About two years ago dressed in citizens
clothes called at my house and asked what was
going do for the captain He gaye TO understand
that would have 10 pay $50 TO save my house from
being raided; he represented himself coming from
the Captain Of the Twenty ninth precinct
The witness here confronted with officer Maloney
but would not swear he the man who had called.
Mrs Moutrie continued
The man who called was think. taller and stouter
than officer Maloney; am not good at remembering
faces about weeks aerward another person waited
and represented himself Captain Mccullough
and demanded $50 of me; paid him that amount and
he left; never saw him aftcrward 10 my knowledge;
cannot swear that Captain Mccullough whom | SEQ
here the person who obtained the money from me
he is not large the person saw; that all
! ever paid TO police; have never been approached
since.
After n examination OF the witness by ex Mayor
Hall. IN which material facts elected Mary
Hendricks, woman of the same class, took the stand
and sworc to having told David J. Twohc that
she had been mportuncd by the police to pay money
for the protection Of her house
The here adjourned until the 2lst inst at ten
A. NJ.
More model policemen pleaded not guilty 10 the vari-
misdemeanors charged against them yesterday be-
fore Commissioner Smith The cases, however were OF
the ordinary character and OF no general Importance
The New York herald., 1875-09-10
PUSHED OVERHEARD AND DROWNED.

JOHN RGGLER HELD FOR THE ACTION OF THE
GRAND JURY.
An inquest was held before Coroner Nolan. Of the
Eastern District on Wednesday evening touching the
circumstances which led TO the drowning Of Henry
Hacker at the foot Of North Ninth street. on Sunday
afternoon II appeared from tho testimony elected
that John Egglcr and the deceased had dispute about
nifty cents which the latter owned John. Eggcr SAID
III YOU do give me that iifiy cents III chuck YOU
overheard. - A few moments aitcrward Hacker was
pushed by Egglcr aud fell into the He then ran
away subsequently Eggcr went 20 the Fh precinct
station house and, with tears IN his eyes gave himself
into custody The verdict Of the Jury was in accord
with the facts that deceased came 20 his death by
being pushed overheard by John Eggcr The latter was
fully committed TO await the action vi the Grand jury
The New York herald., 1875-09-10
AROUND THE WORLD IN EIGHTY
DAYS

Another theatrical squabbe suit as been brought in
the Superior Court by Thomas Henry French, and the
Kralfys, who claim propre tary right IN the play
"Around the World Eighty Days. to restrain James
II Connolly and Charles NJ Pllet from further pro-
ducinr the above named play or any adaptation of IT,
The plaintiffs claim that the 81 is dramatized by
fts author Jules Verne, and lsFsnnery sold the
copyrght TO Theodore Michaels and th the copyright
was subsequently assigned by Mchaels 70 the plaintiffs
The defence claim that they dramazed the play them
selves from NJ Vernes novel; that the IT version diff
fers in many essential points from that Of plaintiffs :
end that the play produced by plaintiffs differs in
tal points from the French version, O wfrch theypur-
chased the copyricht The case comes on:to-day.
The New York herald., 1875-09-10
UNITED STATES SUPREME COURT
BEcoNvEYAECE THE DUTY OF TRUsTEEs-BAR-
rem TRUsTs-wHEN TO BE MADE.


rem TRUsTs-wHEN TO BE MADE
WASHINGTON Sept O. 1875
Ira G. French, plaintiff in error Thomas Edwards
W T. Carothers ct a-n 10 tho Circuit Court for
the District Of California Mr. Justice Swayne deliv
cred the opinion Of the Court The plaintiff in error
was the plaintiff in the Court below The action was
eiectment The case was submitted to the Court with
out the Intervention Of jury. The Court found the
face and gave judgment for the defendants The plain
t hcreupon sued this writ Of error The facts are
found here
l. That Robert II. Vance the 1st OF March, 1862,
was seized in fec OF the premises in controversy
2 That on that day he conveyed the premises TO the
plaintiff who thereupon became seized and the owner in
fec and that he continued such until the 9th OF
January, 1863
8 That that day he and the defendants executed
joint conveyance OF the premises to Edward Martin and
Francis +. Lynch, their heirs and assigns forever,
upon certain trusts which, lar as It is neccs-
sary to state them, were as follows
The grantees TO hold and convey the premises in
lots Of such size and for such prizes as should be d
rcctcd by committee Of four persons or majority OF
them the committee 10 be appointed by the parties
the decd aud a railroad company then forming and
thereafter TO be Incorporated TO construct a railroad
leading from suttevlc and connecting with the Sacra
mento Valley Railroad It provided further that
no conveyance shall be made by said party Of the sec.
ond part until the said railroad shall have com
mcnccd in good faith aforesaid and this conveyance
shall bc void IL such railroad shall be built within
one year from the date Of these presents provided
however that II the for such railroad shall be lost
or retained on transit from the Atlantic states from
any accident then the time for completing said rail
\ road shall be extended 10 two years instead Of one
year
4. The railroad company was noyor Incorporated and
\ the railroad was never commenced
g. The defendants in exclusive possession Of the
premises the commencement of the action, holding
adversely 10 the plaintiff and all other persons.
The Court held that the legal title vested in Mar
tin Lynch by the decd Of the 9th Of January 1868
was still vested In them and that the plaintiff could not
therefore recover The formerly before thi.
Court in another shapc-Frcnch w. Edwards ct al.
\ (Wall, 5O6 Upon this occasion IL has been argued
deliberately upon the doctrine Of subsequent conditions
broken We have not found it necessary 10 consider
that subject Another ground Of decision IS disclosed
which think free from difficulty. and upon which
satisfied 10 place judgment.
u appears that the deed trust to Martin Lynch was
executed on the 9Th Of January, 1868 by Us terms i
was 10 become void II the railroad was not completed
/ within year from its date. This suit begun
on the Both Of November, 1872 than eight years
after the time limited when tho deed upon the contin
gency mentioned, was to lose It's efficacy The Court
The New York herald., 1875-09-10
ESSEX MARKET POLICE COURT.
Before Judge Smith.
ROBBING HIS PARTNER.

ROBBING HIS PARTNER.
Solomon Wolf Solomon, alias Frederick Wolf
arraigned a charge of stealing gold watch and
quantity of jewery valued in all at 500 from Herman
Bromell of No. 81 Clinton street 1t is alleged that
about the 1st Of September the complainant was in
duccd by Solomon TO to Philadelphia 20 attend to
business, and in his absence his trunk broken
open by solomon and the above mentioned property
stolen The prisoner held in 81 900 bail to
DANGERS OF cATHAgINE STREET.
Late Wednesday night Officer Beam of the Seventh
precinct saw man, apparently stranger in the city
drinking in barroom at No 25 Catharine street with
Michael McCarty, OF No 341s Henry street. and two
Others. He passed the place again and found the
stranger lying the sidewalk with his pockets turned
inside out, and he Michael McCary running up the
street He after McCarty arrested him and found
in his possession pocketbook and sum OF money
amounting to $40 which identified subsequently by
the stranger his property. The stranger whose
is William Ray, who comes from Hastings the Hud-
son, could not tell yesterday whether he knocked
down not az no much under the influence of
liquor to be completely unconscious at the time his
pocketbook was taken. He remembered going into
the saloon Catharine street. but did not remember
how he came out McCarty was committed in 81, 500
bail 10 answer
The New York herald., 1875-09-10
THE CARTRUNG MURDER.
posT-MoRrEM EXAMINATION.

Deputy Coroner Marsh yesterday held post mortem
examination of the remains Of Joseph sugcr Of No IS
Frankfort street the who to his death tho
9Th by being beaten with cartrung in the hands
of Gatlng. The following is the result Of the postmor
tenn
Found lacerated wound OF the scalp over the left
pareta bone two inches in length; large quantity Of
blood was exravasaed beneath the scalp on the entire
left side Of the head there depressed fracture Of
the left paricta bone Removing the upper section OF
tho skull large cot Of blood found comprcssing
the left hemisphere Of the BRAIN ssurc Of the skull
was found extending through the left temporal bone
and also across the left orbita plate.
In my opinion death was due to compression Of the
BRAN from cxravasaon Of blood following fracture OF
the skull tho result Of violence.
The New York herald., 1875-09-10
A WOMAN SHOOTS HERSELF.

Dr. Lea, of Staplcton, called yesterday morning
to hold an inquest upon the body Of Mrs Maria Gravs
ton, who committed suicide at the residence OF her
brothcr-ln-law at Osgood and Vanderbilt avenues,
Edgcwatcr, on Wednesday night by shooting herself
under the chin with pistol Ii appcars that rho do
ceased had been In low spirits for some time IN consc.
quencc OF having lost her husband and about a year
ago her only son was also lost 10y shpwrcck She was
about the house as usual through the day In the
ing some o the ncghbors heard the report ol "a pistol
ana upon breaking INTO her room she found dead,
stu grasping the weapon in her right hand
The New York herald., 1875-09-10
COURT OF GENERAL SESSIONS.
Before Recorder Hackett
SENTENCES.

Edward Murray and William Creighton, who in
Aicted, complaint Of Anthony Comstock, for vcnd-
ing lewd publications in the public streets, yesterday
pleaded guilty to the charge
His Honor sentenced them to the State Prison for
Two years and imposed 0ne Of 81 900 each and or
uercd them to be committed until the nnc was paid.
Albert G. Eastbrook pleaded guilty to stealing gold
watch, valued at $42, the property Of HcsthcOte 4
Cohen No 757 Broadway by whom he employed
as n clerk
The Recorder sent him to the State Prison for three
years
John Cline who jointly indicted with Daniel
Hughes pleaded guilty 10 an indictment charging him
with burgarousy entering the cabin Of the sloop raxs
On tho 3ist of July and stealing topsa valued at 500
Julius Roscnstrauss, on the 18th Of August stole a
yasc containing wearing apparel, valued at S63 from
Ihe platform OF Third avenue car, the property OF
Charles II. Payson
These prisoners were each sent TO tho state Prison
for two years and six months.
Robert Harris, who was jointly indicted Win lhoma'
The New York herald., 1875-09-10
DECISIONS.
SUPREME coURT-CHAiTBERS.
By Judge Donohue.

SUPREME coURT-CHArBERs.
BY Judge Donohue
Douglas vs. Sehwartz.-Granted.
Shelley VS. Dehl-Order granted
Lewis VS.. Serrell-Granted
Comstock VS.. Young--Motion granted Costs to
abide event
Brandt VS. Deschler.-Order granted.
Allen VS. Smith.-Granted.
Hahn VS. Zeer.-Order granted.
In the matter OF the petition OF Marietta Stewart-
Decree granted
Smith vs. HaZlitt.-0rder granted
Adam VS. Adam.-0rder granted
Sicbert vs. Walace.-Ordcr granted.
Rudean Rudcan.-Order granted, confirming ref
pree report and granting decree OF divorce 10 plain
hn
Opdyke VS. Neson.-Granted.
Haywood VS.. Russ-No merits are shown Motion
denied
Mahan VS. Roessner.-Granted.
Messmore VS. Martin no 1l.-Moton denied
Messmore Martin (No. 2l-Same.
Zischofsk VS.. Cosine.-Granted.
SUPERIOR CoUBT-CHAMBERs.
BY Judge Curtis
Sutherland VS. the New York Central and Hudson
River Railroad Company.-Proposed case and amend
ments settled
MARINE CoURT-CHAMBERs.
By Judge Joachmscn
winslow vs. Keller Adams Wiggins Stifilns VS..
Trenor; Davies VS.. Trenor.-Motons granted
Kuhl VS.. Franz-Moton to dismiss complaint granted,
with SO costs.
Banta VS. Foster.-inquest for plaintiff for $3l7 so
and five per cent allowance,
Lubosch vs. Rink-Defendants default opened on
terms.
Gordon Bliss.-Order OF arrest vacated with $40
costs.
Fish vs. Beringcr two motonsl denied,
costs TO abide event
Pallard VS.. the Mayor, &c-Motion granted. See
memorandum.
winters vs. Edelman.-Moton referred TO A. J. De-
laney.
The New York herald., 1875-09-10
THE NOE MURDER.

OFFICIAL DESCRIPTION OF THE ASSASSIN by THE
POLICE AUTHORITIES.
Superintendent walling has promulgated the follow
ing description of the Moo murderer to many OF tho
police officials of other cities in the United States and
Canadas The description IL based upon the evidence
OF the persons who the burglar entering the
finished building just prior to the MURDER
"A aged "a TO 80 years light complexion, light
hair cut short clean shaved except small dark side
whiskers OF about three weeks growth; may have
shaven; five feet five TO six inches in height; stout
1cshy build and full, fiat face wore light gray mohar
coat; supposed To be OF Irish parentage
''Notify Superintendent Wallngn
The New York herald., 1875-09-10
THE POLICE HOMICIDE.

Or. a. W. Shepard made post-mortem examination
yesterday of the body of the negro, Robert Gilmore
who was shot dead by Patrolman Joyce on Wednesday
afternoon Deceased, who raised on plantation
in North Carolina, came to Brooklyn after the
war. and obtained employment coachman. He was
for three years employed by Mr.. Daniel Arqmmbcr, of
No 50 Second place, who discharged him the 1st of
the present month of his idle habits Officer
Joyce Is highly spoken OF by his superiors "A steady
reliable and brave man. but they condemn the act of
drawing pistol ns entirely uuwarranted
The New York herald., 1875-09-10
ALDERMANIC COURTESIES.

Tho Board of Aldermen did not hold any meeting
yesterday, although Thursday is the regular meeting
day. BY adjourning last Monday evening to
Tuesday next the republican members enabled to
go to Saratoga TO the Republican Convention and the
democratic members will be able TO 60 to Syracuse to
the Democratic Convention which is to be held on
Tbur edavn naxt
The New York herald., 1875-09-10
ACQUITTED.
TOMBS POLICE COURT.
A DARING ROBBER.

DARING ROBBEB.
On the 18th OF July young man OF respectable ap-
pearance and good address called the residence OF
Sarah Jane Van slyke No Mangin street. and, repre-
senting himself sanitary inspector, said he wanted
look tho drainage OF the place. Mrs. Van Sykc
took him through the house, and in OF the rooms
as she alleges he suddenly threw her the floor and
robbed her of $50 Since the above occurrence Con
way arrested and held TO for robbng shoe
maker in Division street Owing the shock she re-
ceived by the assault on her by Conway Mrs. Van
Slyke unable TO 10 court until yesterday,
when she appeared and identified him. He was held in
IS 900 bail TO her complaint OF assault and
robbery
The New York herald., 1875-09-10
THE LONG ISLAND TRAMPS.

The tramp nuisance IS becoming dangerous ono on
Long Island within fcw days several people have
been assaulted and robbed the highway The last
case that OF German m tho employ Of the
florist. e. L. Allcn. of Queens who was Knocked down
and robbed on the Jericho turnpike yesterday.
The New York herald., 1875-09-10

Brady and John Arnold tried and convicted OF bur
gary in the third degree On the night Of the 26th OF
July the lager beer saloon of Leo Dammers In West
Nineteenth street broken open and cigars and
liquors worth $40 we're taken. The proof against Har
ris conclusive and Arnold sent 10 the State
Prison for iive years when he found guilty early in
the week, His Honor sentenced Harris for the
period.
ACQUITTED.
Alexander Tehcvenet was charged with stealing gold
watch from tho person OF Henry Gibbons, while he
asleep in his home, No l12 Thompson street, on the
18TH OF July. There sufficient legal proof TO
warrant the conviction OF the accused and the jury
rendered verdict OF not guilty without leaving their
The New York herald., 1875-09-10
PLACE POLICE COURT.
Before Judge Wandell
SNEAK THIEF ARRESTED.

SNEAK THIEF ARRESTED
On the night OF September Francisco Rubiera
went into the ewclry store OF Raphael Chenard, No.
800 Ninth avenue, and managed to carry away box
containing gold bracelets "A necklace, diamond earrings
and other jewelry, amounting in value to S7S2 An
officer of the Twentieth precinct arrested Rubera in
Tenth avenue Wednesday night and found In his pos
session quantity Of pawn tickets representing the
stolen property. The prisoner held in $1,000 bail
to answer.
RECKLESS DRIVING.
Yesterday morning Officer Green, of the Broadway
Squad, escorng Mrs. Margaret Beekman, of No.
$50 East Third street. Broadway lager beer
wagon. driven by one Fickcl Hcintz came rapidly
down that thOroughfare and though the officer haloed
to Hcntz TO stop he kept right and the officer and
Mrs. Beekman were thrown TO the ground. both, how
ever, fortunately escaping any serious injury.
Officer Green jumped up at once, and after pursuing
HeinZ for several blocks succeeded in capturing him
the corner of Houston street The prisoner com
mitted in $500 bail to answer
BOLD THIEF
Officer Carr OF the Fifteenth precinct, while walking
the Bowery yesterday morning man walk up
to the show window OF Mrs Bertha Snepper's hair
store, No. 346 Bowery, and deliberately put his
elbow through a pane of glass then snatch several
coils of hair and run toward Fifth The officer
pursued him and caught him the OF Finh
street and Second avenue. When brought before the
Judge he gave his James Delaney, and he
held in 81, 900 bail to
The New York herald., 1875-09-10
THE CITY FINANCES.

THE WEEKLY REPORT OF THE COMPTROLLER ON
THE TRANSACTIONS OF THE FINANCE DEPART
MENT.
The following abstract OF the transactions OF tho
Finance Department for the fiscal week.
pEpOsIrs IN TILE TREASURY
The New York herald., 1875-09-10
MARRIAGES AND DEATHS.
MARRIED.

APPLEroS-IrYcoLN On Wednesday, September g.
OF Grace church. Providence. X. L. by tho Right Rev.
The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1875-03-12
SOUTH.

In consequence of the civil-rights
bill, and fearing trouble, both the principal
hotels of Alexandria, Va, have cancelled their
licenses and closed.
The Galveston municipal election
passed off quietly. R. L. Fulton, democrat,
was elected mayor by 5000 majority. All
democratic nominees for aldermen we're elect
ed by overwhelming majorities.
The Alabama House of representa-
tives unanimously voted to expel negro
member named Gaskon for proposing to do
certain things in his legislative capacity for
$500.
On the night of the 9th, at Cape
Girardeau, Mo, detective William A. Pinker-
ton succeeded in arresting Ed. Johnston, alias
Proctor, alias Parker, the leader OF the party
who robbed Brady, the southern express mes
senger, at Memphis four weeks since. As
Johnston has already been indicted by the
grand jury, and the offense is punishable with
death, the probabilities are that he viii
hang. Pinkerton first struck his trail al
Metropolis, ILL., where he had purchased &
wagon and team in order to travel over land
and after following him 200 miles secured hin
as above stated. Johnston robbed the United
States express company in st. Louis some
twelve years since, for which he served siz
years in the Missouri penitentiary, after which
he became pirate on the Mississippi river
aud has committed many daring robberies
Jno Woods and Bill Johnson, colored, his
confaderates, are in jail awaiting trial.