davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1875-10-30
COURT OF APPEALS CALENDAR.

ALBANY. Oct 20. 1915.
Calendar OF the Court of Appeals. List of the FIRST
fifty causes:-
Preferred calendar, class No. 1-Crimnal actions
]. People VS.. Eyers 2 People vs. Foster 3. People
Myes. A. People VS.. Murphy. s. People vs. Ran
VS.. McCoart.
Preferred calendar class No probate cases, &c
Q. Rollwagen VS.. Rollwagen 10 Banker Banker
IL Brick VS.. Brick. u Doherty vs. Glacken. 13
Chipman Montgomery.
Preferred Calendar, Glass No. 3-Executors and
administrators Morse vs. Brockctt 15. Morse
Brockett l6 Brockett VS.. Morse. IL. Seaver vs.
The Mayor is. Roderigas The East River Savings
Institution. 10. Clark Sicker. 90. Jones VS..
Smith. 81 Codding Newman. % Carter vs. Dolby.
% Simpson VS.. Mckay 24 Fraser Wyckof 25
Arnold vs. Nichols. 2S. Alker VS. Solomon
80 Abercrombie vs. Holden. 80 Cox VS.. New York
Central and Hudson River Railroad Company 81.
Wood Fisk. 81 Geery Gecry. 50 Cushman
VS. The United States Life Insurance Company. "a.
Cardot Barney. 35. Morrison VS.. The New York
Central and Hudson River Railroad Company SO.
Gibson The Erie Railroad Company. 81. Gilman
Gilman 49, Graves VS.. Stewart 80. Brownson
VS. Chapman 40 Smith vs. The Watertown Fire In
surance Com pany. Al. Burgher Hughes. AZ Clear
water VS.. Brill a. The People ex rel Hewlett VS..
The Mayor. A. The Bowery National Bank VS.. The
Mayor IS. The People ex rel. Bowen vs. Jones 40.
The People VS. wasson. A. Coulter VS. The Board OF
Education 4S The Tenth National Bank VS. The
Mayor. 40. The People rel The Tenth National
Bank The Board OF Apportonment 50 Demarest
VS.. Wckham.
The first eight causes will constitute the calendar for
Tuesday November 9 on which day the Court meets
and which will be motion day. These first eight
causes cannot under the rule, be stipulated over.
The New York herald., 1875-10-30

officials OF the bank TO protect their own property ana
that of their depositors i,
Judge Wallace, in charging the jury drew the DIS
tinction In law between gratuitous bailee anu the
pledqee The great question the jury 10 determine
was whether the defendants had the property or the
plaintiff in their custody gratuitous bailees III So
he felt il his duty to charge them that the plaintin
was not entitled to recover IT. however, tney iound
the defendants occupying position OF Pledge then it
would be for the jury In arriving at conclusion, TO
carefully consider all the facts bearing upon the Efforts
of the defendants TO protect the property OF the
pedgor. They must consider the condition or the
bank vaults the relation Of the police and the watch
man to the case; in short, they must determine
whether defendants exercised that diligence usually
practised by careful business man. II not the in
tonon OF the law that Dedgee should all the ap
pances of science TO protect the property of the
pedgor, but merely such precautions business
would resort TO in order to protect his property
II the jury found that the defendants PLEDGES had
exercised duo caution they must find for the defend
ants.
Atthe conclusion Of the charge the jury excused
until Monday when they will deliberate upon the evil
dence and render their verdict
The New York herald., 1875-10-30
SAD SHOOTING ACCIDENT.

John Hoffman and Henry Held, both residing at No
277 Johnson a,cnue, Brooklyn, went snipe shooting
yesterday in the Jamaica woods, and, while walking
along Holman struck his gun against tree firing it
of and sending the whole charge into the mouth of Held
He obtained medical assistance speedily possible,
and when Il was found the whole upper jaw had been
shot away and that the charge lodging in the back OF the
neck and throat had rendered the injuries fatal, Hof
attempted to shoot himself with the other charge
in his double barrelcd fowling piece bystander how
ever changed the Of the piece, and IL dis
charged harmlessy. Holman was given into the hands
OF the police until the excitement had subsidized. Held
engaged to marry Hofman's sister during the
coming week. He removed to the Eastern District
Hospital, whore he now lies
The New York herald., 1875-10-30
FIFTY SEVENTH STREET COURT.
Before Judge Kibreth
LIVELY ROW IN A LIQUOR STORE.

LIVELY ROW IN A LIQUOR STORE.
Peter Quinn, member the Eighth precinct police
force was charged with attempting to shoot Rodger
oHaoran liquor dealer, at No. $50 Eighth avenue,
on Thursday evening 0'Halloran is an ex-policeman,
and keeps place in partnership with named
Ogleby. QUINN who appointed policeman
through the influence Of ogcby, went to the latter
on Thursday, it being his ''day of.n He sat down
to sociable game Of cards with Thomas Sweeney,
another expolceman, who dismissed for swearing
falsely before the Police Commissioners to his age
The game resulted in q row between Sweeney and
Quinn, and they came to blows. OHalloran separated
them, and in the excitement that followed 0'Halo-
ran and Quinn struck each other and had
rough-and-tumble around the barroom. Then
Quinn drew his revolver, he says,
keep 0'Halloran and Sweeney from renewing
their attack upon him, and it was discharged acci-
dentally The testimony adduced during the examina-
ton inclined the Court TO the belief that the shot
fred Intentionally and Quinn was held in $4,000 bail
to answer. 0geby, o'Halloran and Sweeney were
held in $1,000 bail to appear witnesses at Quinn's
trial IN the General Sessions Counter complaints for
assault and battery, which Sweeney and Quinn had
made against each other, dismissed.
The New York herald., 1875-10-30

were yesterday held for trial in each by United
States Commissioner Osborn
Before United States Commissioner Osborn yesterday
was arraigned John oBricn, clerk in one Of stiners
tea stores on Eighth avenue the charge OF passing
counterfeit $40 bill Of the Poughkeepsie National Bank
II was shown by the testimony Of the manager OF the
store that II had been received the OF busi
ness and paid to oBricn as wages He was conse.
quenty discharged.
The first proceeding in this county under the law
passed at the last session Of the Legislature for the
better security OF railroad employees, was yesterday
commenced against the New York, Boston and Mon
treal Railway Company by company Of twenty seven
aborers employed by that company, on their road be
tween High Bridge and Yonkers These
fused payment for the work they performed, and
through their counsel, Elliott +. Shepard have now
led the requisite notice and become leneTs upon this
road and appurienanccs.
Judge Johnson the recently appointed successor OF
the late Judge Woodruff of the Second Judicial dis
trct appeared yesterday in the United States Circuit
Court and was into Office. He was accompanied
by Judges Blatchford Shipman Wallace and Benedict
the other Judge OF the district Judge Smaey Of Yer
mont, being detained by Illness The commission
OF Judge johnson read by Mr.. Kenneth 9. White,
the clerk, and the oath of office was administered by
Judge Blatchford Judge Johnson will open court in
this city November TO- TO hear contested motions In
the Equity branch. Meantime, by an order OF the
in by next Saturday. On Tuesday the 10th OF
November, Judge Johnson will commence the hearing
of the Admiralty appeal calendar.
Gridley J. f. Bryant and Arthur Gilman who were
architects dissolved partnership in 1868 II is alleged
that upon settlement there found to be due TO
Bryant the OF 81, 224, and that he received pay
ment by draft for 81 600 Sheldon and a note
tor the balance The draft not having been paid suit
brought before Chief Justice Monei in the Superior
Court The defendant Gilman admits the making Of
the note but that the draft forming the basis of
the action was made without consideration and that
he agreed to the settlement for other than
prevent Bryants attorney from reading to the Senate
committee certain letters written by him wherein he
severely criticises the Capitol commission at Albany.
The Court left the jury TO decide the question of
sideraton and they returned verdict for the paint
for the full amount claimed with interest.
In 1870 Richard NJ. Jordan enlisted in the Seventh
regiment Of this city He then Jerseyman, and
is stl Jerseyman Recently, by special order
Colonel Emmons Clark directed him to be dropped
from the rolls for being Jerscyman. Application
made yesterday Jordan's behalf before Judge Law
renee, in supreme Court, Chambers, for mandamus
against Colonel Clark compelling his restoration TO the
regiment. The point raised merely question of
law, whether a Jerscyman is entitled to serve in the
Now York National Guard and whether being enlisted
n & a Jer
The New York herald., 1875-10-30
"AROUND THE WORLD IN EIGHTY
DAYS"

Before Judge Curtis, of the Superior Court, an app
cation for modification of the injunction in the of
T. II. French ct al VS.. j. H.. Connolly ct al
gued yesterday afternoon by Mr. Edward Patterson
counsel for defendants and W. ID. Booth, plain
ti7s attorney. Tho former argued that the
plaintiffs claim under the common law had
been nulli1ed by publication, in whole
and in part, of the piece which they claimed to own
but which was not the play produced by them at the
Academy of Music; furthermore that defendants
play original work, not in any way stolen from
that of the plaintiffs, and dissmar from that work
as to show nothing beyond common origin in the
same published novel The Judge took the papers in
the case and reserved his decision.
The New York herald., 1875-10-30
--------------- --ss---------@T--~~
M'CULLOCH'S TRIAL.

THE TRIAL ENDED-DEcIsIoN RESERVED.
The case of Captain McCuoch, of the Seventeenth
precinct, was up before the Board OF Police Commits
soners yesterday for the last time A. Oakley Hall APP
peared for tho defence and Counsellor Mclean repre-
sented the prosecution.
The first witness called by Mr.. Twohy was Captain
Irving who testified to having no knowledge OF the
matter at issue.
Colonel Kerrgan the contumacious witness took the
stand when his name was called and respectfully
answered all questions asked. lie stated that
he knew nothing that would mplicate Cap
tain McCuloch in the assault made on Twohy
The witness thon related an interview which he
had with McCulloch a few nights previous; the
latter cordially saluted him and created the impress
sion In the mind Of the witness that he (McCuloch)
wished TO influence his testimony; among other things
McCulloch said that he would pay all the counsel fees Of
the witness In his contempt case; Kcrrigan dsclamed
having been influenced the slightest degree by such
interview. On cross examination the witness testified
to having heard Twohy make use Of profhne language
when den0uncing McCulloch; the witness stated that
certain detective, whose name he would withhold,
could connect McCuloch with the assault on Twohy.
The latter said Detective Edepwas the man and that
officer summoned He testified that he knew
absolutely nothing about the affair except what he had
For the defence Sergeant Shultz was put on the stand
and testified with relation 10 the assault on Twohy.
The witness was In command Of tile Twenty ninth pre-
cnet station house when Twohy and his assaant
brought in by the officer; each made charge against
the other for assault and battery both were released
bail bond approved by the then Police Commissioner
Gardner, who present in the station house, the
Captain also present but gave orders with ref
erence TO the prisoners.
The defendant next called and testified at length
going over the various specifications in the charge and
pronouncing each and all unfounded in point OF fact
In to the charge that he had failed break up
gambling and panel houses the Twenty ninth pre-.
cnct, during his service there OF sixteen months
Captain McCulloch submitted list Of thirty Of the
former and thirteen OF the latter which he had
raided during that tme the night Of the assault
Twohy he had been visiting with his wife, and knew
nothing whatever OF the assault until hearing OF il at
the station house, he had never directly indirectly
influenced any person to molcst Twohy.
Alter some further testimony by the defendant the
case was declared closed the decision being reserved
The New York herald., 1875-10-30
TIE OCEAN BANK CASE.

In the United States Circuit Court tho argument
mad yesterday, before Judge Wallace, in the suit Of
Samuel n. Archer against the defunct Ocean Bank for
the recovery Of about ST. 100 deposited with the de-
PENDANTS previous to the robbery The plaintiffs case
is, briefly stated, based the theory that the officers
Of the bank did not due diligence to
protect the property Of the plaintiff Mr. r. n. Bangs
summed up Tor the Defence arguing that at the time Of
me ROBBERY the goods were not In the custody Of his
clients ~ coatcras for loans made, and therefore,
lhat the defendants wore not liable Mr.. NJ. South
worm, lor the plaintiff, followed and made a very ex
haustive argument reviewing the evidence already
published IN the HERALD, and in support OF the claim
set up hat due diligence had not been observed by the
The New York herald., 1875-10-30
LEGAL NOTICES.


CHANcERY NOTICE TO JAMES BYERs OR HIS
~ heirs and or kn.-Pursuant TO a decree OF the
Court OF Chanccry OF the Province of Ontario
Byers against Byers James Byer formerly the parish Of
Mannah Cross in the county of Fermanagh Ireland v-
ing II dead his heirs and next Of kin required to
Alex Bye late of the city of Toronto merchant deceased
brother Of the said James Byers question in the said
suit the 7h day Of January 1876 before u advised
before the undersigned Master in Ordinary Of the said
Court at chambers, Osgoodc Hail. in the said city Of To
and Province aforesaid default thereof and
they will be pcremptory excluded the benefit Of the said
4. w. TAYLOR.
Nessrs. cRowTHER, TILT Macarthur, Plaintifr's
Solicitors.
Dated 2sth August, 1875.
DURsUANT TO AN ORDER OF THE COURT OF
Chancery Of the county Paatine Of Lancaster made
the matter Of the estate Of John French Liverpool
in the county Of Lancaster and also Liscard the
county Chester Porter deceased cause between Mary
Ellen sloane against Patrick Nicholson and Ellen bis wife,
the next OF kin Of John French late Of Liverpool
county Of Lancaster and also Of discard aforesaid who died
in about the month Of June 1879 by their solicitors
before the 18th day Of November 1875 and
their claims the Office Of the Registrar for the Liver
pool District of the Chancery Of the county Paane Of Ian
caster In the municipal Offices Dale street. Liverpool
default thereof they viii be peremporiy excluded from the
saturday, the Goth day Of November 1875 AZ 10 o'clock
In the forenoon at the said Office appointed hearing
and adiudicating upon the claims.
Dated, this 18th day Of October, 1878
JAMES W. wINsTANLEY
District Registrar
No. Brunswick street Ifverpool
solicitor for the said Plaintiff
The New York herald., 1875-10-30
AN ARIsToCRATIo EORGER.

william Garland alias Mason, young man Of arIsto-
cratic appearance and who is closely related TO wealthy
families in Boston and tho New England States
yesterday arragned before Judge Morgan at the Wash
Ingon Place Police Court charge Of forgery. on
August rs last he conveyed, with forged mortgage
for So 500 piece OF estate owned bv Samne Stil
The New York herald., 1875-10-30
BROOKLYN CRIMINALS INDICTED.

The Grand Jury yesterday presented indictments in
the Kings County Court of Sessions in the following
ases:-James Kane, for burglary; John A. Schmidt,
grand larceny; Frank Swift, false pretences; Samuel
Farrell, grand larceny from dwelling; Joseph Carroll
and James Ryan, burglary; James Gardener William
0hscn and John German, grand larceny; Edward
Clark, burglary; Walter Thompson, grand larceny
Patrick whitsaw, burglary; George Brown, grand lar
rape George Kutscher, forgery, two indictments
Daniel Sullivan, grand larceny The prisoners pleaded
not guilty.
The New York herald., 1875-10-30

ings OF No 80 Gray street Boston, and obtaining the
money II from Boston broker, fed 20 this city He
bad been living since then in stylish apartments at No
2l7 East l25th street, until Detective Kealy Of the
Central ONCE arrested him at his residence Thurs
day night In Court Garland appeared TO be deeply
peniten and stated that his relatives in Boston would
settle the matter with Mr.. Stilhngs Judge Morgan
held him 70 await requstion from Governor Castor,
OF Massachusetts,.
The New York herald., 1875-10-30
NIUsICAL.

A YOUNG GENTLEMAN WILL GIVE PIANO LES
~ sons az his OF pupils residence $40 quarter Ad
dress CLAkkSON, box lbl Herald Uptown Branch office.
A GENTLEMAN OF GREAT EXPERIENCE GIVES
n instruction on pian0orte harp and harmony pupils
residence, only T0 quarters best reference. Address
with residence TEACHER box I20 Herald Uptown Branch
office, l,2oo Broadway.
a MISS HARRIS, PIANISTE, FROM LONDON, ES-
n. tabshed Ia New York since 1870 Of Piano
iore receives pupils upon moderate terms thoroughnes
aud hnsh guaranteed 42l East Fifty second street.
nRGANIsT wANTRD-FOR AN UPTOWN, EAST
~ stde church; salary small. Address q. W. D., box
l.J43 lost Office.
The New York herald., 1875-10-30
DECISIONS.
SUPREME CoURT-CHAMBERs
By Judge Lawrence.


Bunker The Guardian Mutual Life Insurance Com
pany; Matter of Collins; Universal Life Insurance Com
pany Coburn Equitable Life Insurance Company vs.
Hagans; New York Life Insurance and Trust Company
Rowe; Same vs. Same Bowery Savings Bank vs.
Smith Matter OF Hall; Cohen Cross; New York
Life Insurance and Trust Company Rowe; JaGray
VS.. Price; Salmon VS. Gedney.-Granted.
Searle Searle.-Motion to vacate modify order
of April II, 1875, denied with costs.
Mckee vs.. McKec-Recrred to George +. Yeaman,
Esq, to take testimony and report what would be
sonable allowance to plaintiff for temporary alimony
and counsel fee.
Haynes Downing.-Was the motion granted by de-
faultY
Cushing VS.. Gushing Report of referee confirmed
and judgment OF divorce granted TO defendant with
costs
Bailey Felt.-Default having been opened and the
case submitted on the merits of the opinion that
the answer is frivolous and should be overruled 1t is
therefore, ordered and judgment directed for plain
tiff
McCulloch Carr.-The case relied upon by the de-
fendant GA Howard, 40S Is not similar TO the case
herein AS the doctrine announced in that does
apply reason for vacating the order of
The defendant moy move for a reduction of bail
If so advised Motion denied.
Matter OF Frank Ennis-Writ dismissed and prisoner
rcmanded
The New York herald., 1875-10-30
WANTED TO PURCHASE.

ILANTED-CoFFEE COOLER, HOMINY MILL CORN
Meal Mill, Barley MILL Spice Mill, complete Crac
Wheat Mll Cracked Pea Mil Dat Meal Milf Shciled Corn
MIN, Mash Corn Cob MIL Prepared Mustard Mil must
be in perfect running order Send descriptive letter stating
owest cash price, to MILLER, Herald office.
The New York herald., 1875-10-30
SUMMARY OF LAW GASES

Meyer Hoffman,, Charles C. Brownold and Charles
" Brcshaed, charged with fraudulent bankruptcy,
The New York herald., 1875-10-30

PENJAMTN H. THEALL, AUCTIONEER.
ID THIS DAY SATURDAY, AT 101s O'CLOCK,
l67 West Twenty ninth street near seventh avenue,
all the Furniture Of the house: Paror Suits in reps and
hacoth; Bcdeads, Mattresses Extension Table Lounge,
Brussels Carpets crockery and Glass Kitchen Utensils &C
Sale peremptory.
The New York herald., 1875-10-30

A EAST TWELFTH STREET, BETWEEN BROAD
III way and University place.-Large and small Rooms
also an unfinished Room TO rent with Board from $ tC
The New York herald., 1875-10-30

15 ST MARKS PLACE.-LARGE AND SMALL
~ Rooms let with Board to ladies' or gentlemen SO
and ~ per week. Call for week.
The New York herald., 1875-10-30

% WEST 3lST STREET.-vERY LARGE AND HAND
~ some Rooms and Bedroom second floor also Room
references "
The New York herald., 1875-10-30

4 WEST TENTH STREET, NEAR FIFTH AVENUE
i CHEERFUL sunny Rooms with good subs tantia Board
cleanliness &C. at moderate prices; single Rooms
gentlemen; references.
The New York herald., 1875-10-30

A LBERT B. WALDRON AUCTI0NEER
n Salesrooms los Liberty and Ill Cedar street
This day. Furniture, Desks Groceries, Fancy Goods Fish,
The New York herald., 1875-10-30

DY IsIDoRE ]. SWARZKOPF, AUCTIONEER-wITI.
ID sell, O'Clock "a avenue u. Furniture private FINN
lily; hereafter Fancy Goods General Merchandise Shoes;
also one Top Wagon, without Dealers attend
RYJ. HAVEN, AUcTIoNEER, 30 AND IL EAST
I'D Thirteenth street-Specia
private houses also Goods private at auc.
ton prices.
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-07-14

HYDRoPHoBIA.-The following has
the recommendation Of one of the most
distinguished physicians of France, and
is further supported by facts Of con
vincing character. We republish it
from the Picayune Of March Ii, 1875:
Take two tablespoonful of fresh
chloride Of lime, mix it with half pint
of water, and with this wash keep the
wound constantly bathed and frequent-
ly renewed. The chlorine gas possess.
es the power of decomposing this tre
mendous poison, and renders mild and
harmless that venom against whose re-
sistless attack the artillery of medical
science has been so long directed in
vain. 1t is necessary to add that this
wash should be applied as soon as pos
sible after the infliction OF the bite.
The following are the results of this
treatment: From 1910 to 1924, the
number of persons admitted into Bres-
lau Hospital was 1874, Of whom Only
two died; from 1888 to 1924, there
were admitted into the hopital at Zu-
rich 223 persons bitten by different
animals, QS2 by dogs) Of whom only
four died.-[N. O. Picayune.
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-07-14

KENTUCKY stands No $. as regards
the number of Oranges, having 1850.
Indiana heads the list, with 2.0e7 gran
ges: Missouri has 2.026, Iowa, 1904 !;
Illinois, 1884. The total number of
oranges in the United States is 23,50o.
The official aggregate membership is
l, 100000. The official history of the
order, just published by the Secretary,
shows that the total receipts from 1868
to 1871, inclusive, were less than SIS, 900,
while tile receipts last year were s2l6,
35l. The order at present has $69, 600
invested in government bonds, and
$4,000 in cash on deposit at tile finan-
,ial agency In New York.
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-07-14
LEASE OF THE -ALEXANDRIl
sl..l FERRY.

by AUTHORITY or THE POLICE
= Jury ofthe Parish Of Rapides, viii
SATURDAY, AUGUST 18th, a. D., 1875,
lease out for five years, to the highest bid
der, the Alexandria Ferry, at the Court
House door, in the Town of Alexandria,
at IL M.
J.R. ANDREWS,
July IA, 1875, .3t. President p. II
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-07-14

Now comes q Frenchmari who de-
fies drought and proposes to make far
mers free and Independents of the
clouds. His name is Paraf, and his
Monsieur and his plan depends on the
fact that chloride of calcium Iaborbs
moisture from the air. By mixing it
with the most unpromising soils, he
has ascertainea that a judiciohs proper
ton of the familiar compound will
more effectually irrigate waste lands
than any present system of canals Or
wells. His preparation retains moist.
ure for three days, where water appli-
cation as now practiced would evapo-
rate il one!