davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17

city marshal and has assistant for damages caused
TO her by the seizure OF her property under an
execution against her husband She testi1es that
her husband having failed In business in 1872, and
MS oeing moreover in poor health. she opened
business at No. III Eldridge street on her own ac
count In the manufacture and sale OF neckties,
which she thereafter conducted exclusively, hav-
ing her name displayed on the awning, and en-
poying her husband when he was able a sales.
man, both In doors and out; that IN June last, a
creditor OF her husband having Judgment to the
amount oil $45 came into her store, and, working
on her Tears by threatening TO put in marshal,
exacted promise from her that she would pay
him up at the rate OF 81 month.
the nrst instament being then paid, but
that on being informed by her lawyer that
II she established such a precedent with one
OF the creditors the others would come In, she
refused TO continue it; that subsequently Mr..
Webb made her several visits in regard to this
same Judgment. finally agreeing TO withdraw II
she would pay his expenses, which she refused.
declaring the business to be hers and showing
him her receipts for all goods bought for the place
curing her occupancy but that. Notwithstanding
TINS, he came again, accompanied by MIR. Smith as
his attorney ana assistant, and another, ana with
great vioience-against which, however, Mr..
OF goods The property was, however, subse-
quenty recovered by the Sheriff, and this action
Is brought to recover damages Tor this act OF IN
n
DISMISS as against MI. smith was denied, the
Court holding that. even IN The absence OF
testimony as to his helping carry away the
poods, his presence with the Marshal made
MN a .co.trespasser on the part OF the
defence Ii was claimed that the circumstances
surrounding the business were suspicious and JUS
tined the parties IN proceeding, and that both the
husband and wie declared at the time or the
taxing OF the property that one was Interested
there as much as the other. The Court called the
jury's special attention TO the act permitting
women TO do business in their own names, charg
ing that the Marshal could not clam TO occupy
the position or an 0ficer who had taken property
under circumstances which seemed 10 warrant ~,
ana Offering TO return IL on discovering MS MIS-
take, The goods having In this case been taken
from him by the Sheriff, but that In case they
found the goods belonged to the plaintiff then
they would give her sucn damages as would COM
pensate her for the disturbance to her business,
the interruption 10 her course or trade and the
injury which resulted TO her credit. But II they
found tpe property belonged 10 her husband their
verdict would be Tor defendants.
The jury rendered verdict in favor OF the
plaintiff Tor $3.50.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
COURT OF OYER AND TERMINER.
Beiose Judge Barrett.
rHE rEpusrn1ous FLEAs.


There an extended argument, IN which
technical ingenuity was consplcuously developed,
In this court yesterday, on the writs OF haoeas
corpus and certiorari procured 10 the cases Of
Emma Lee and six other young girls, recently con-
voted in the Court CT Special Sessions OF an
offence politely charactcrized as an exhibition OF
the "lndGstrious Fleasm and for such exhibition
sentenced 70 one year each Ia the Penitentiary.
MT. william +. Howe, their counsel, insisted that
sue convictions cannot oe sustained, for the
reason tnat there is no offence charged IN the COM
plant OF which The law can take coPnZance I;
tnat IL Is not charged that the exhibition was IN
puolic place, ana that there no allegation
mat the offence charged was committed against the
pubic morals OF people OF the state. lie pictured
the DEFENDANTS as happy household occupying a
quiet house In East lwenty-second stree., ana
took the high moral ground tsat the law so
che risbes and protects the sanctty Of the houses
OF the citizen that IL Will not Invade sucn houses
In order 10 regulate TIE morals OF domestic con-
Germs OF the family. He made special point OF
the fact that what was done was in private BACK
room OF private dwelling house, and IN the nighs
time, with doors, windows and blinds sal carefully
closed. Assistant District Attorney conceded mat
the argument was Ingenious, out pronounced II a
fslacy TO shield the guilty ron merited punish
menI Judge Barrett took the papers, reserVlng
his decision
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
TIE ANNEXED DISTRICT.


The suit in the quo warranto proceedings
brought by the people OF the State OF New York
against Judge Flanagan came 20 trial yesterday
before Judge Van Brunt holding Circuit, Part 2
OF the Supreme Court Eminent counsel are en-
ployed on both sides, George u. Curtis, F. j.
Salmon and James X. Angel appearing for the
people. and John B. Haskln, Caauncey Scnaner
and Abel Crook appearing Tor Judge Flanagan. IL
Is claimed on beAalf OF the prosecution that the
election OF Judge Flanagan as Civil Judge OF the
annexed district was in open violation OF the law.
and that the same should be declared nullIty and
anew election ordered. On behalf OF Judge Flana-
gan 1t is contended that his elecuon was legally
conducted, that In no respect was there any con-
traveution OF the law, and that he is entitled 10
tlnue his occu ancy OF the Court TO which he was
popularity elected. Counsel Tor the plaintiffs evil
IDENTITY intended TO make short WORK OF the trial, Tor
no sooner was the jury in their seats than motion
was made Tor judgment LOT the people on the
pleadlngs. Mr.. Curtis enforced this motion in
speech OF over an hour in length, curing which he
spoke with hts characteristic fervor and two OF
three occasions ehciied tokens OF applause from
the crowded court room. Mr.. Crook replied with
equal earnestness, also Calling lortn IKE mani
Iestations OF approva! from the friends OF the de-
fendant The Judge denied the motion, holding
that the statute under which the election was held
was directory ana not mandatory IN character.
and therefore TO be given broad and liberal con-
struction.
Taking OF testimony occupied the rest OF the
day. The supervisors and inspectors OF Morrlsana,
West Farms and kingsbrIage, constituting tue
newly annexed district, were examined. They
testified that the returns fled with the county
canvassers OF New York were exactly the same as
those returned 70 the county canvassers oil west
chester county. The County Clerk OF West
chester county was also called and produced the
returns Med win him, which likewise CORE
sponoed with the returns canvassed ~ the New
YORK Board OF Canvassers. Among the witnesses
for the prosecution was Mr.. Hasbrook, chief OF
the Bureau OF tlecnops, who was called 10 snow
that no returns OF the election Tor civil Justice in
the newly annexed district had been aIed IN his
once, but he was unable TO state whether they
had been 1ed IN the Office. The defence then
q %
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
RELEASED TO VOTE.

At SPECIAL Sessions yesterday Fred nassler
was arraigned on the charge OF beating his wife.
Tne poor woman, who was terribly cut, wnen
placed on the stand swore that she had had her
husband arrested shortly before election and that
wnen the trial was had Fred was sent to the
Island for six months. The Court inquired how IL
was mat the prisoner was not stu In jail. The
wife said That ner husband had been released In
order mat ne might vote. The Court was unable
TO find out who 10 was that bad released Hassler,
and he sent up Tor six months more. Wnen
the wife leaving the court the prisoner called
ont 70 know II she had any tQpacco lar him. she
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
COURT CALENDARs-THIs DAY.

SUPREME CoCRT-CHAMBERs-Hed by Judge
IT, is5, sos, 2o4. "a 2i5. 2io. s25. 2so' 49,
SUPREME COURT-SPECIAL TERM-Held by Judge
,acSos 5s Gu as &C. 1850 iss sa Ia i az
l7s, $780, l7e, $780, 49, rs. 1853, 1872 1885, 1884, 1885, Isl,
lSs, 1885, 1870.
Van Brunt.-Nos 572, 462, 99S. 672, 1890. $50, 1884,
IA, 124 llo2 llo4, llo6, nos lllo ill., lila 1Ila
Nos. 1855 1917, Gil, 2il3 1861, 1895 1855 4,
1905 $780, 2liO 2lo6, 1882 1885, la45, ST., 1ll9,
S7s 1913, Sol, $780, 1865. Eli. 2l19, 1905. 49, 1907,
1908
SUPERIOR CoURr-sPEoIAL TERM-Held BY Judge
Sedew icK.-Nos. SO, So.
SUPERIOR COURT-rRIAn TERM-Part Held by
Judge Sper.-Nos 62o1S, 1885, 557. $40, S29 $685. 653:
$685. sl7, 739, $751; SOL 1898 895, S97. Part 2-Hed
by judge as i os s S:s o1 io
COMMON PLEAs-EoulrY TEKM.-Adjourned until
Friday. February 49,
Judge Larremofe.-Nos. 1891, 1879. 40, 1855, 1851
1lo5, S57, 500 1885, 2S, 1893, 1892 l4o0 l40l l402
1929 1908, 1875 1902 1880, 1894, 1896, 1892, 24 TO-
MARINE CouTT-rRIAL IERM-part Held by
1855 1881, 444, 1888, 1890, 1911 16l2, 1913. 1915
Part 2-Aeld by Judge AlSer.-Nos. 1899 l4s4 1882
1905, 1910. Part S-Held by Judge McAdam Nos.
2S5 2O22 23. 2s99 96l, 1912, 1867, 1884, 1870 1875
1884, 1877, 2642 1869. 1858, 2s4 2s4s 2sI5 2900 1902
2903 2S04 2909. 29l0 29o3 29G6 297 1874 1894, 1885,
$685. 1850.
COURT OF GENERAL SEssIoNs-Held by Recorder
Hacketl.-lne feOple VS.. Hugn rItZphtrlck. ie.
lonious assault and battery; Same VS.. Edward
Martin. lelonous assault and battery; Same vs..
Michael German, telenious assault ana battery I;
Same vs. Henry Smith, perjury; Same VS.. Her.
man P. Uhlbrock. grand larceny; same vs.. Leo
Whltkososky. grand larceny; Same vs.: James
Smith and Patrick Kelly. grand larceny; Same vs..
James Houghtalin, grand larceny; Same Vs. Isaac
Newton, grand larceny; same VS.. Alcnael Doyle
ana William KeatIng. grand larceny; Same vs..
Henry Snelback, obscene literature; Same vs..
Miiinda Wilkinson, petit larceny.
OYER AID TERhINEE-Held oy Judge Barrett
The People VS.. Jonn O'rooe, homicide.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17

reigned throughout the sacred edffce, which, was
only relieved when the choir commenced singing
the glorious old hymn, ''Rock OF Ages"
At the conclusion Of the services the immediate
members OF the family only ACCOMPANIED the re-
mains to Greenwood Cemetery, where they were
deposited In the family vault The pallDearers
who were not expected to 20 to che grave, retired
soon IS each casket was deposited In the nearse
At the cemetery there was no service performed
beyond the Offering or q PRAYER rs the remains
were lowered to their last resting place.
The scene was an tnexpresslbly sad one, and II
seemed when the caskets which contained All that
was left OF these three noble men were finally MD
den from view a. II some ancient landmark which
from long association the community had learned
to love and revere, had been suddenly obuterated.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
COMMON PLEAS-TRIAL TERM-PART2
Before Judge J. F. Daily.
A CHECK TRANaACTIoN.

julius Gerston appointed L. A. Grill his attorney
for the purpose OF drawing checks, ana under such
power OF attorney Grill drew a check for 81, 1872 20
on the Mechanics National Bank OF this city, and
Alfred T. Lagroon deposited the same IN the Pa
cnc National Bank and drew the money on IT,
The power OF attorney was lodged with the former
bank. and TINS bank, on the presentation oil he
cneck refused TO pay n, giving as a reason that
tncre we're not surlcient iunds 10 pay the same !;
thereupon suit was brought by the Pacific National
Bank against GeTston and Lagroon TO recover the
amount. The defence was that the power OF
attorney mad been revoked before the drawing Of
the check and that Grill had the revocation ia his
possession when the check was drawn The Court
hed that the revocation was valid although Grf'-
Kept it IN his possession and the two banks had
nefeudanta
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
The Judge of the Annexed District-Suit to
IuValidatc the Election.
Marrying a Fortune-A Dis
puted Conveyance.
CAUTION TO CITY MARSHALS
The Cancan-Disagreement
of the Jury.

The win OF Elizabeth Tator, the probate OF
which has been contested, was yesterday the only
case had before Surrogate Hutchlngs. The value
OF the estate of the decedent was inconsoeraole,
but, as in so many cases where even the weaithlest
wrangle over the supernuties, the legatees OF
Mime. Tiator had their little fight over the $1,000
bequeathed TO them. After hearing all the testi-
mony the Surrogate admitted the Will TO pro-
bate.
Ernest warncke was yesterday held for examin-
alton by Commissioner Shields on charge of SELL
Ing liquor without having paid the special revenue
tax therefor.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
MARRIAGES AND DEATHS.
MARRIED..

DECKER-LAKE-On Tuesday February Q, BY the
Rev. Dr. Gallaudet. Mr.. JOHN II. DECKER OF this
city, to Mrs. ELLEN "A. LAKE, OF Portsmouth, N. d.
No cards. b..
FORsYTHE-TATE.-On Thursday, February II,
1876. at st. Luke's church. by the Rev. Isaac Ii.
Tuttle. d. D., Mr.. JOHN FoRsYrHB ts Miss NARY
CORNELIA, daughter oil the late Thomas Tate.
0, IN the Fourth Presbyterian church. Baltimore.
py Rev; J. A. Leevre. D. D.. assisted . sy Rev:
OF Thomas Kensett, to Miss KATE FOWLER, daugh-
ter OF the late David O. Fowler, all OF Baltimore.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
JEFFERSON MARKET POLICE COURT.
BEFORE LudKa Otrarhourr

BtIOrt Juuke UICtrUOurKs
THE UNLICENSED LIQUOR DEALERS.
Thirteen liquor dealers, belonging in the Eighth
and Ninth wards, and whose names were pub
lished in yesterdays HERALD, were arraignea be-
fore Judge Otterbourg, at Jefferson Market Police
Court, yesterday morning on q charge Of selling
liquor without license. The complaints were pre-
ferred by Inspector Forbes OF the Excise Bureau.
None OF the prisoners denied that they had been
selling liquor without license. but most
o. them stated thai they had applied to
the Excise Board, but had been refused.
Two OF the parties arraigned, Frank Gabanne. OF
No. ia South Fifth avenue, ana Nicholas Burdesto
OF No. 1903 Spring street, were discharged, the
Complaints against them having peen With
drawn. The resi- were held IN 500 bail each TO
answer, which bail was promptly furnished.
Through their counsel all the persons held de-
manded trial at General Sessions
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
COURT OF GENERAL SESSIONS.

Before Recorder Hackett.
THE cANcAN CAsE-D1sAGREEMENT OF THE
JURY.
In the Court OF General Sessions yesterday
morning the jury In the case OF Martin Campbell
and four others, who were tried on an Indictment
charging them with Keeping disorderly house in
placing upon the stage OF the Metropolitan Theatre
the "cancan," came into court The foreman. in
reply to the usual question: replied that they mad
not agreed.
Recorder Hackett asked them II there was any
possibility OIL tner agreeing and the foreman re-
pned that ne thouSal there was not. Ihey were
then discharged.
NOTION TO TRANSFER THE CASE TO THE OYER AND
TERMISER
On the discharge oil the jury District Attorney
Nolan rose and moved the case OF T1e Peosle W.
Marun Campbell TO sne Court OF oyer and Iermi-
ner Tor immediate retral, aud that the prisoners
be committed TIL the case be there tried. Defend
ants counsel, Mr.. William Y. Howe, strenuousiy
opposed the motion, insisting that MS client was
ready Tor retrlal IN tue Court OF General Scs-
community was shocked by the representation Of
the cancdn, and he had only TO repeat the
words OF Lord Lyndaurst, 'Inat obscenlty was
relative offence. A picture OF II presented on the
Louvre OF Paris 10 q connolsseur would be ac-
ceptabe as a gem, but to an illiterate person the
same might be ewd and ODscenen Fashion had
placed tue stamp OF appreciation on opera 6oDge,
DGs IN this case 10 was the few VINO complained
against the performance at the Metropolitan.
Recorder Hackett reserved his accession on the
matter OF transferring tue Indictment, and nxed
CampDell's bail at 81 200.
CONVICTIONS AND SENTENCES.
James Tuite, youth, was tried and convicted
OF an assault with intent to do bodily harm to
Martin Flanagan, VINO swore that on the 80 Of
November, whine walking through First avenue
ne was struck on she forehead with stone
His Honor sent Tute TO the Penitentary for tw o
years.
John Doherty was tried upon charge OF assault
ing James Smith on the stu OF this month aud
stealing Sc from ais person. lie was convicted or
assault and battery. the parties were sailors,
and the evidence showed that the prisoner, tue
complainant and two other men mad a fight, dur
ing which smith lost his money HIS Honor SEN
fenced nim 10 the Penltentlary Tor one year.
John and George Hendricks, who were charged
with stealing piece Of carpet, valued at 800, on
the goth OF October the property OF Adelaide y.
Ely, pleaded guilty to an attempt at grand
larceny. AS there were mitigating circumstance s
the Recorder sent them To the Ienltentlary Tor SIX
months.
ACQUITTED.
Hugh Casey, boy, who was charged with
cutting simon Buxbaum In the mead with KNIFE,
on the 18th or October, was tried and acquitted
The complainant swore that while be was passing
through Fourteenth street los OF boys, among
whom was the prisoner. threw coal at him. and,
whie he Was picking mp piece Of coal to throw
II. casey cut MN. The accused, on the contrary,
sworc tnat BuXbaum called MN a bad name and
was attempting 10 strike him, when he MT him
with piece Of an od shoe.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
DECISIONS.
SUPREME coURT-cHAMBERs.


Germania Lie Insurance Company vs. CLARK !;
German Savings Bank VS.. SNOW; In the Matter OF
Richaras; North River Insurance Company VS..
Hoffman,; Goebel Vs. May; Helser VS.. Hilbard !;
Farmer VS.. Anterior; Philips vs.. Mccormack;
Cutting VS.. Stevens (No. ~ Sparks Vs. Simons.-
Granted.
Searle vs. Searle-Order settled.
Mcknight VS.. Devlln.-Order granted by default.
Burchell VS.. Voorhls.-Memorandum for counsel.
Field vs.. Observation-Disclosures OF regularity Is re-
CURED.
motion the plaintiff may place THIS cause on calen-
dar Tor first Monday OF March Tor trial, otherwise
motion Is granted, with costs.
Campbell VS.. CampDelL-I cannot sign the order
presented until the orders aud papers therein re.
Tered to nave been LAID before me; ,,,.a g..
cannot be granted until the bank in which the
petitioner Intended to STATE the amount III the
Cnamberan's hands has been filed up, DC.
Van Colt vs.. WadciDgton.-in this case require
the order OF examination o Judgment debter the
evidence taken in the examination and the order
Loder vs. Loder-Report OF referee confirmed
and Judgment oil divorce granted to plaintin.
East River National BANK VS.. Rocke.-Motion
granted ana cause placed on Special Circuit caien-
dar Tor April %. 1879.
Atwell VS. Rell.-Tne default is opened without
costs to either party on condition that The cause
be placed on the SPECIAL Circuit calendar for FRI
day, February 10, 1875.
Gates vs.. McPherson.-The Judgment pr posed
seems TO be wrong in reclting that copy OF the
COMPLAINT was served on the attorney Tor the de-
iendant on Tie 7tn day OF December, $780, the sum-
mons being dated OCTOBER, 1874.
Monkey va. MoxleY.-ln this case am unwilling
to grant the decree until some stronger proofs OF
the iaentlty OF the person served as the deend-
ant, &c.
LANCER vs. Peterson.-On payment of $40 costs
OF motion 10 the defendant the paInsi IN may place
this cause the calendar oil Part Tor trial for
first Monday OF Marcn, 1875; otherwise motion
granted, with costs.
Same vs.. Same.-Same.
SUPREME CoURT-spECIAL TERM.
BY Judge Van Worst.
Virgins, Receiver. &C., VS.. Lancaster Fire In
surance company ct al-Judgment Tor defendants
Oh demurrer.
SUPERIOR COURT-sPECIAL TERM
BY Judge Sedg
In the matter o. the petition OF stephen F. Beck
man LOT an oroer that TWO certain mortgages be
oscnarged OF record.-To be referred to Tnoma:
Boese, TO take proof, &C., and report same VIII
opinion 10 Court.
COMMON PLEAS-SPECIAL TERN.
BY Judge Robinson.
Herring vs. MOrtner.-Motlon TOR new trial
denied, Win costs see memorandum.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17

Donnell; Fifteenth. Dr. r. Filter; Sixteenth, F. A.
William A. varian; Nineteenth, X +. McCennOn.
II was resolved that each surgeon should reside
ana keep his medical cfrce IN the district ne vas
apSolnted To. On motion OF Commissioner Voor-
his 1t was resolved that all rejected applicants
from IRON, the force for promotion to the rank *, OF
space Of six months rom the first application had
precinct, and Onlcers Seben Ray, Mr.. McLevy
anu anu, "a: J.; Snltn, OF the same pre-
snG s4 ass .ns rss e
discovered by Inspector McDermott IN lager
beer beer saloon playing cards. when they should have
been on duty and complaint to that effect was
mtIed the charge 70 the Board and aiterwars
Counsellor John r. Fellows appeared before the
Board yesterday during the session, and before
Miller be allowed TO withdraw bis plea and 20 be-
fore the Commissioners to stand trial on the
charges Mr. Fellows argued 70 the Beard that IN
back pleas OF guilty already put IN aud
substitute subs answers OF not guilty, 50
examination. Commissioner voorhis said in an
swer, that the admission OF tue charges was
down for trial, and that the granting OF such
privileges at that late period in the case would DC
as well as open up precedent the Board had no
desire 10 establish" Commissioner Disbecker said
the I 70 trs Was 90 v
to cause the arrest ofjudgment Patrolmen Ed
ward Conlon and James Fisher. OF the Eighth pre-
cinct were dismissed Tor being under the lnfiu-
enee OF liquor while on duty, and Ferdinand
Megens. OF the Eleventh precinct, was dismissed
for being absent for fifteen days without leave.
j. A. Sheridan, Absl Feniey, David schultz, John
HarAins Henry Smith and Thomas Oakly were APP
pointed patrOmen. The trial oil Captain Kilkeiea
IS set down for today He Is charged with re-
ceivlng money from the proprietor OF the Central
PARK Garden and another citizen Keeping place
OF similar resort In the Twenty second precinct
for giving those establishments special privileges
in the way OF police protection. The amounts
paid in both cases stated in the complaints are
90 month. Alter the transaction OF O large
amount OF minor routine business the Board ad-
)Ourned to Friday next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
answered that she had not. and the sulSy prisoner
was sent down to jail
TOMBS POLICE COURT.
Before Judge Smith.
POLICY DEALERS ARRAIGNE

Dan Sullivan. OF No. 2o2 wnlam street, John
Randolph, John Hunt and Hen Williams, of No.
Spring street, were arrested for keeping policy
shops, and neld In $500 each to answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-17
MARINE COURT-PART i.
Before Judge shea.

wlRNSo TO MABsHALS-
Rs-lsl Mendelson Frank Webb and George
J. smith--fne nlaintlG. married woman. sues