davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
THE MARIPOSA LAND AND MINING
COMPANY

Eugene Kelly, the banker, sued the xariposa
Land Company 10 restrain Its oficers from trans
ferring its property to q proposed new company.
the Mariposa Land and Mining company OF Cali
forna thus rendering the stock OF the former CON-
pany worthless, watch he claimed Is intended 10
be done BY q conspiracy between Marx Bruno
GIN, the president OF the company John Brum.
agim and Benjamin N. stilwell. TO destroy his Sc.
curty consisting OF $4,000 shares OF stock, tor a
claim against che company amounting TO
Sl03,579 So Judge Davis, IN January last
granted an Injunction restraining the transfer
and appointed Jackson 8. schultz receiver OF the
books and property Of the company Ia this city.
The case was yesterday before the Supreme Court,
General Term, on appeal from Judge DAVIS order.
On the part OF tse COMPANY II was claimed that
ius,Ss 81 ne comnS"v ana s.nussepoe a AZ 20.
~ s. =: s:sa g; 3 ~ si say ~,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
DECISIONS

By Judge Donohue.

By Judge DOn0hue.
costs OF Judgment, oe taken In cause to plaintiff.
Abernethy vs.. Franklin. Motion denied. Mem
Brown VS.. Geary.-I think it proper that the
within OIL der be modified so that the receiver.
Ss al ns se %
ject to the order and direction OF this court IN
this cause.
SUPREME COURT-sPECIAL TERM.
BY Judge Van Brunt.
Schenck VS.. Smith ct al; Squires vs.. Genin OF
aL-Flndings settled.
SUPERIOR COURT-sPECIAL TERM.
By Judge Curtis.
Dreyer vs.. Unkart; Ludeo vs.. unkart ct al I;
Claussen ct al. vs. unEart ct aL-Motons Tor rel
Thies ct al. vs.. Simonfeld er al.-Order settled.
Lawrence ct al VS.. Cabot et al-Motlon for
leave to file supplemental complaint granted.
Costs OF opposing motion to defendants 10 abide
Theod Vs. Unkart ct al.-Ordsr of reference
Woof VS.. Jacobs.-Inability TO pay nne or to en-
dure me not narev
renew on mrther PROOFS on payment OF $40 costs OF
opposing this motion.
Gale vs.. Fox ct al.-JudGment signed.
Lewis, trustee, &C.. vs.. Young.-Order overrul-
lain ct aL-Order dismlssing plsintins. Complaint
granted.
COMMON PLEAs--sPECIAL TERM.
BY Judge Larremore.
Appleton vs.. neutrality-suspicious. to discharge
from Imprisonment denied. (See oplnlon.)
Ounard vs. FranKlyn; same v5. Same.-Judg.
ment OF tor eciOsure.
New YORK Lite Insurance Company vs.. Dean ct.
AL: New York Lie Insurance Company W. Far
rell.-Appcations granted.
In the matter OF T1obals.-Motion granted.
By Judge J. F. Daily.
voorhts W. Murphy; illiams vs. Slote.-Orders
settled.
BY Judge Loew.
Richter vs.. Lager.-Stay granted.
BY ChieT Justice DAILY.
Messenger vs.. The Fourth National Bank.-Mo-
ton denied. (See opinlon.)
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
THE MINORITY REPORT.
The following was the minority rep0rt:=
NEW YoRK, Sept IA,

To the BOARD OF EpUcATIOS:-
GENrLENEN-The 1nds rsigned, member of the Joint
whom referred the subject relative to
what are known as Schools respectfuiy Ss
Che report Of the majority said comn,ties
s, :sssS Fl s
no money bss9sng to the city or city and county
the citizens shall be appropriated in aid Of any
property real personal belonging = said city said
been duly adye rnsed at which sale school shall be
into n sr s1 s &c!
x s up0 or & ana S Dc ssd
AFTER the ?i q: Ss. %' du y
The eighteenth section of the school acs Of the Sd Of
the school money In which the religions doctrines OF
shall be taught ncucated practised in Which any
pTejadei 70 particular doctrines or tenes Of any 1
n. O9ss q or which
Now i clear from the foregoing provisions Of law
religious denomnstonai character shall participate
tn sHy e1S a S Sm s Religious
mansssrs institutions Known as cor.
Them before The Joint eomnttse thar all schools
but e in
ma hardly sa%is Of dcabs de-
S OF
,e, that the course q from nine Ssock
be So But the children are subject to the religious In
hardly be presumed-ndeed it would be uni aturai to
soas belief ha that their I medas saasda ue
better society that these eniiaren should be SO
s. ss sS:ra hs
subjected to a RELIGIOUS or denomnatlonal influence,
sor %hsHsr BY or n the S'e es
Tree edasson should be applied in part to the schools
and not secular training their chief object.
section of the charter there one whose Board Of
Managers does not partake OF the religious bias of
tIon should be seed once and Tor aiIwneth er Schools
over which the Board of Education have only nomi
tiyes of particular religious communities. should be
secular educaton children OF our great citys
AS second reason for dissenting from The the
schools attached e insiIigtons which receive aid
hue o the STATE nnd ii: mot
The ShS s %
sees shelter in these asylpn,si
diner with the majority report Is that this Is purely
These schools either entitled by the law to por
ton OF the scho9l moneys or they are not entitled n
them Of their apporonmsnt; 4 they are not entitled
TINS hoard has no rss, 70 d9nae the public money for
appears 70 the gnder.gned that the courts are the
b. rSueS and BY Which should be deeSe should
~ The Board 81 Edueaton has no discretionary power.
county Of New York raised by taxation upon the prop
OF any religious or denomlnatonal SCHOOL, il Is Tor
% s s' n ssan' the ssSH Of she
%sa TIC ' '0''' fERolSx sGsSH fhXu Sub
IN THE DARK.
A visit was paid by the reporter to Commits.
sioher wetmore, but that gentleman stared hs
nsd not ne sliE iaea Of VIVA. SOur,s woud bs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20

AID 10 t,e compiexity OF the proceedings 10
would appear that the darkness was to DO dIssi.
pared oy the testimony OF Thomas Peters, the
carLInan VINO carried the trunk TO Fehn's mouse
ana VINO Identified Fehn. He swore positively
that ne delivered the trunk to MIN, was aided by
HIM IN carrying II into the hall got his receipt.
A number OF witnesses examined a. 10
character on behalf OF the prisoner.
Judge sutherland charged the Jury who re tired
and after oft ten minutes dehberatlon came luro
court with verdict OF gully OF grand larceny.
Sentence postponed till Monday.
BATCH OF CRIMINALS SENT TO PRISON
In the Court OF General Sessions this morning
before Judge sutherland, Charles Stranberg, VINO
was charged with attempting to commit an out
rageous assault upon little girl named sophia
Helntz on the Ist or this month, PLEADED guilty 10
the allegation. He was sent TO the state Prison
for three years.
Henry Rledmuer pleaded guilty TO stealing 81
from ais employer. John Rsse, on the 2lst OF Feb
which led Hts Honor To Impose q light sentence.
The boy was sent 10 the City Prison for Nenty
days.
Mary Henry, who was charged with stealing $l6l
on the 18th November from ner employer, Mrs.
Pauline kohn, pleaded guilty TO an attemot. The
money was restored, and as HIS Honor was satis.
fed the little girl was insupated by another ser.
want 10 steal IL he imposed light sentence,
which was ten DAYS In the city Prison.
John conway pleaded guilty TO stealing 81 from
the person OF william Wilson on the 10th Of rhs
month, and was sent TO the state Prison for two
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
MARINE COURT-PART 3.

CONTRACT MADE BY KEEPERS OF DIsREPUTA-
BILE HOUSES NOT LEGAL.
Before Judge Joachimsen.
Henrietta Gaismer VS.. Adam Scammiter-The
plaintiff leased OF the defendant premises NO. 157
chatham street, concert saloon, and purchased
the fixtures therein at Sl,40O. paying cash
$500 and giving a chattel mortgage on the tx
lures for the balance, and agreeing to
pay 500 q month until the whole Of
the purchase money was paid. After Six
months occupation bv plaintin some of the waiter
committed TO prison, wnereupon the plaintiff de-
vered the KEY oil the saloon 10 the defendant. and
informed MN that she was gong into the
country. She did go into the country, where she
remained SIX weeks, and OF her return demanded
OF the plaintiff possession OF the saloon. The de-
PENDANT informed her that on her failure TO pay
her monthly instalmsnt he mad advertised tile Tx.
lures be sold at auction, upon when she offered
him 500 monthly lnstaiment which
he refused TO accept unless she paid the cost
and expenses OF advertising, DC. which the
plaintiff refused to do. The fixtures were finally
disposed OF at auction and brought the sum OF
$20S, winch the defendant applied TO the amount
secured by the mortgage. The plaintiff sued 70 re-
cover $1,000 damage Tor tresoass on the part OF the
defendant Testimony having been given on botn
sldes the Court charged tile jury that the PLAIN if
could recover only Tor the value OF the goods sold
and delivered to her, and only Tor them IN case
sne had not abandoned them. That neither the
plalntin nor defendant could enforce q contract
the intent OF which was for dtSreputable purposes
Verdict for plaintiff sos.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
NO STRIKE.

FAILURE OF THE THIRD AVENUE CAB DRIVERS
TO INTERRUPT TRAvRL.
Yesterday morning trouble was anticipated with
the employees OF the Third Avenue Railroad, iAas-
much as the company had announced reduction
OF wages OF thirry per cent Fortunately the day
passed, however, without any riotsus demonstra-
ton on the part OF the 'strikers." Itn well
known fact that, although every other trade, ia.
dustry or calling has some organisation or associ-
aston looking toward the mutual protection Of
their interests, the car drivers and conductors
have none. The philosophy Of this Is best ex-
planned by the following views Of conductor
given to HERALD reporter yesterday alter
noon --"You see man never takes to railroadlng
until tAe very last moment. Its sort of last
and the pay poor. Then we're at the beck and
call OF every one. II man gets on the car little
full and some other passenger objects to his fun or
noise, there's . complaint made II we don't fire
him on the car. Ii we do, then there's row about
way o YOU newspsper Fellows pnt it, you a Know
The people who employ us take IL for granted that
We are gu the time trying to beat them, ana
the public as q rule look upon as as Q class v no
have no rights which they are bound TO respect
The whole system Is demorallzing. because we are
not allowed to assert our seifrespect as any other
class OF workingmen are. rhe consequence Is
that We take TO the work as last resort, and leave
It just as soon as we can. There are instances,
to railroading Tor number ofyea S, but don't
every day; and heretofore, although the con-
ductors and drivers OF city railroad cars number
many thousands, there has been no successful at
any concerted action, because no one knows who
TO trust You can't tell whether you're talking to
Attempt at s 10 nSo VIII result Gnn anrs
was with the stage drivers about year or %
ago."
had reached the stables OF the Third Avenue Com
pany. on slxty.a street. II was evident that
every preparation mad been made 60 suppress tur.
DuleuCe on the DART OF the DISSATISFIED drivers AZ
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
LET HIM APOLOGIZE.

TO THE EDITOR OF rHE HERALD:-
Your statement that the only atenement Father
walker could make Tor this gross insult TO our
common school teachers and pupils was q public
apology seemed to me to be IT first merely bit OF
extravaganza. But since have reflected how un-
UNSUITABLE in every respect was his attack, aud
how mucn injury Is calculated to do the catholic
Church IN America II suffered to pass unrebuked
by his ecclesiastical superiors, your suggestion
really appears to be founded In the highest WIS.,
dom. II he Ia priest who has only the good OF
his Church at heart he ought not to hesitate q
moment about public explanation and retrac.
ton. II not, let him ''step down and out" on the
ragged edge" OF suspension. ATONEMENT.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
COURT OF GENERAL SESSIONS
BAooAaE STEALING BIZ MEANS OF EAIaE
Before Judge Sutherland.

Before Judge Sutherland.
The case OF The People against George FehR, o:
No. III West Twenty.sxth street. indicted for re.
ceivlng stolen property, was continued rom
Thursday. Two boys were arrested and held as
accompices Of Fehn In mis- nefarious transactions.
and one has become States evidence In this
prosecution. A number or trunks had been
stolen from the baggage room Of Westcorts
Express Company, ~ the Grand Central
depot, by substituting false checks One OF
these, the property OF Miss A. Carson. OF
Pouehkeep sic. and containing clothing, jewelry,
&C., OF the value OF $1,000, was traced to the store
OF George fehn, baker, IN October last Subse.
quentiy the goods were pawned or sold BY Fem,
with the aid OF man named Banheld and wo-
man named Fannie Amies. To-day the prisoner
testihed that ne knew nothing Whatever about
the trunk until was brought ~ his house BY Ban
ded and Evans (poys).
several witnesses TO character we're then pro.
duced by the defence and ~ the testimony OF
hall q dozen witnesses was brought TO a close NJ.
McCleiand, counsel Tor the defence, reminded the
District Attorney IN eaea instance snas snis Mss NJ.
one OF MIS- own wttnseaoo. ~ they were nvnSae
- eaAo I'D eo1leSssd tbn ieesese ssv ssDs~ y
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
IF NOT, WHY NOT?

10 THE EBI1UK Of THE HEkALD-
Nothing could be more timely and appropriate
than the Catholic petition to the Board OF Educa-
for share OF the school fund to aid their Pa
rochlal schools. Father Walkers ''discoors'' last
the Board OF Education and MAKE another dds
coors," telling the members they are "dOes" and
'potnouse politicians" and the thing Is sure to go
through swlmmingly. Let him band himself TO-
gether forwlth and DO It GIDEON
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20

tees from the exercise OF any OF their powers:
that II could not compel the delivery OF It's books
20 receiver and that the injunction should not
nave been granted, as the acts sought
10 be restrained had been already done. On
the other hand IL was insisted Tor Mr.. Kelly
Shat the RELIEF sought In this action within the
general equitable jurisdiction which this Court.
sitting as court OF equity, has always possessed
IN Cases Of fraud; tnat the receiver appointed by
the order IN TINS case Is not receiver OF the cor
poration such as Is contemplated oy rne proyis-
ions or the second Revised statutes page As, but
merely a receiver OF tue property which has been
endangered oy she fraudulent conduct OF tue de-
iendaDts; that the appointment OF this receiver
does not deprive the company OF Its corporate
rights franchises nor OF It's SEAL nor even OF It's
property because the very purpose OF The appoint
ment ls to preserve the property OF the company;
THAT II Is not sequestraton OF its property; that
IL NOT an exercise OF the visatorial powers con.
ierred on the Court oy the statute. and that Is
not designed and does not have the efiect 10 de-
stroy or dissolve the corporation but. on the con-
trary, that Its object and design are 10 rescue and
preserve to the company the property for tue
working and management OF which II was Oh. an
listing.
After some further argument, Mr. c. Bainbridge
smith sustaining the appeal and Messrs. Martin
smith being the opposing counsel the Court
took the papers. reserving It's decision.
THE KINGSBRIDGE ROAD OPENING.
In the matter OF the Kingsbridge road opening
in which case an appeal Was taken 10 the supreme
Court, General Term, ron the oraer confirming
the report OF the Commissioners OF Estimate and
and Assessment, Mr.. Andrews, Assistant Cor
pOration Counsel, made q motion yesterday to
nave the hearing on she appeal adjourned over
untI the next term. MIR DeeIing. on behalf OF tue
appellants. objected TO the case going over Tor
term though he was wiling there should he a
short adjournment. He urged a reason Tor as
speedy a hearing as possible or the matter that
WITHIN !our months all the parties 10 whom
awards had been made would be entitled to re-
csive their pay. Mr. Hawes said that ne happened
to be accidentally present, Dut, representing
various clients interesi ed in The case he would
avail himself OF the present opportunity TO state
that he desired leave to move 10 dismiss the appeal
and nave day liked tor the argument. II was
nnally arranged to set the case down for bearing
on Thursday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
TOMBS POLICE COURT.
Before Judge kil0reth.
CONDUCTORS VS.. pIcKpocKETs.

CONDUCTORS vs. PICKPOCKETs.
william Felix. a conductor on the Sixth Avenue
Railroad line, Is not in league with thieves.
as many OF bis craft are accused OF being. He
fully demonstrated this fact on Thursday evening
last. Just his car turning from vesey iut0
church street 1t was boarded by several news.
boys. who, instead or selling their papers. As
newsboys are supposed 10 do, commenced 70
rine the pocket OF the conductor, and before he
could think what they were about they had stolen
So %, the amount collected on ms DOWNTOWN
trip. The young rascals then jumped on the car,
and he jumped after them, and, after "a SHARP
chase OF q few blocks, succeeded Ia capt ugine one
81 them the young ,h,el Eaye ni h p name o a.
yesterday Justice Kilbreth held him in 81 0oJ oa,
to answer.
ANOTHER COAT THIEF.
On Wednesday last Henry Meyers took uni w. al
possession OF several coats belonging TO his land.
lord Joseph Mongers. OF No. % Frankfort street.
ana pawned them. He was subsequently arrested
by Of1cer sullivan, oil the Third precinct VINO also
succeeded In recovering the stolen property.
Meyers was held in $1,000 bail to answer charge
OF grand larceny.
FORGERY.
Thomas Graham, who obtained $40 81 from
White. Morris Il Co. by means or cnecs drawn
by Hamilton Il Warner, OF No. SO Wall street. and
to which ne had forged their Endorsement, and
Edward Davidson. who accepted part OF tue III
gotten gains. were brought up and held In 81 900
bail each to answer.
JEFFERSON MARKET POLICE COURT.
Before Judge Otterbourg.
ANOTHER RAID ON LIQUOR DEALERS.
On Thursday night the police arrested ioar
saloon keepers charged by the Excise Commits.
siOners with selling liquor without license. Their
names are Edward Even, No. AL Sixth avenue;
Edward Norris No. 125 West Thtrtieth street.:
Joseph O'Connor. No 9is Broadway, and JOSEPH
W. Lamb, No. AT Sixth avenue. They were ali
yesterday held In 500 bail 10 answer.
COURT OF APPEALS CALENDAR
ALBANY. March l9. 1875
The following Is the Court OF Appeals dav caen.
dar for Monday. March % Mos. los, 3d. A. LAG.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20


Before Judge Blatchford.
THE HELLER BROTHERS NEUTRALITY-SUSPICIOUS.
TANT DECISION.
A petition was hled by some OF the creditors of
Heller Brothers to have them adjudicared bank
rupts On the return day OIL the order to show
cause the debtors filed an answer denying that
the requisite number Of creditors viz, one-fourth
in number and one-third IN value. mad joined in
the petition, and also filed sworn statement
OF their creditors and the amounts due item.
The question was referred to the Clerk OF
the Court, and alter the petitiOning creditors
had succeeded on such reference to throw out
number OF Claims contained In the statement hled
by the debtors, the latter proposed to add to said
statement several additional liabilities before
contained IN said statement. The attorneys TOR
the petti0nlng creditors objected, which Objec-
ton was sustained by the CLERK, whereupon the
attorney Ior tue debtor requested TO nave the
question certified TO the Court. Judge Blatchlord
mas now sustained the objection, nOding that the
debtors must be confined to their sworn statement
OF liabilities. A. Blumenstei for the petttioning
creditor, Townsend Waldheimer I0r debtors.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20

COURT OF APPEALS CALENDAR
ALBANY. March l9. 1875
The following is the Court OF Appeals day calen.
dar for Monday. March 22:-Nos los, $40. IA, LAG,
LAT, 14s l50 ISL.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
Important Decision as to Debtors
Liabilities.
DISCHARGES FROM ARREST.
Argument in the Mariposa Land
and Mining Case.
Baggage Stealing by Means OF
False Checks.

The attention OF Judge Larremore, holding
Special Term OF the Court OF Common Pleas. hav
ing been called to the unsafe condition OF six
buildings In ADbat0lr place, belonging TO the
Reynolds estate, he issued a precept YESTERDAY
directing that two OF the buildings be torn down
and that tue remaining TOUR be rendered safe.
He further directed that the work be done
under the supervision OF the Department Of
Buildings, and that II the trustee OF the properly,
MT. Augustus W. Nichoi, tails 10 pay the expenses
oil the same within thirty days that the property
be sold TO cover the outlay. II all our judges
we're equally prompt and summary regarding the
safety OF human life IA OF more consequence than
the pecuniary interests OF properly owners such
fatal disasters as the st. Andrews church caam-
ity would never have TO be recorded.
Messrs. Messenger, Gilelt Co. brought suit
against the Fourth National Bank to recover
$l4,s3o, claimed by them TO have been deposited
Ia the bank, but were beaten on the trial. mo.
ton was made before Chief Justice Daily. OF the
Court OF Common Pleas, for q new trial. One OF
the grounds OF the motion was that one OF the
jurors, whose afidavt was given setting forth the
facts was deaf ana unable to hear either the ties.
timOny or the charge 10 the jury. Judge Daily de-
cided yesterday that the atfidavit OF juror alter
the trial to tnvalidate verdict could never be re-
ceived. and that IL was too late up plea OF
deafness. Another ground urged was surprise.
The Judge held that the remedy In such q case
was to nave Withdrawn juror. For these reasons
the motion was denied.
Some days ago Judge Lawrence. of the Supreme
Court, granted an attachment against certain pro.
perry belonging to Lafayette Gran, against whom
the United States had brought suit to recover
$4,000 for the on-payment OF duties. An spplica-
Ilon was made yesterday on behalf OF the defend.
ant before Judge Donohue, holding Supreme
Court. Chambers, Tor an order vacatinR the at
tachment. Counsel Tor Gran claimed that the an
davis furnished by the plaintiffs did sufficiently
show the cause OF action and that the State
had no jurisdiction to enforce the Revenue laws.
The Court took the papers, reserving its decision.
William Srurrin and Christian Granny, under
examination for selling cigars without q license,
were yesterday discharged by Commissioner
UNITED STATES DISTRICT COURT
The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1875-12-18

j. regard 70 .ha .,val governments ia Louis.
jana. aud rs 10 the Withdrawal Of tbe ere.
dc,ui,ls Of Senator NIc\Iil, -: the renre.
sentative from the \1cFno,>. government
His credentials were witbdrav2n on a vote
o. SO. in favor 70 IS AGAINST
in the House Blaine introduced bill,
proposing toa@end the consiitution,provid
ms 'ilat no state shall make amy law re
@F'c'm,& the establishment OF religion, or
Pi'"."i'i"g The Tree exercise thereof: and
no money raised ~ taxation IN any state
Tor ne Import Oh public schools, on de
fV'i ir'm any public Fund thereof, or any
PubIIc Iud' devoted thereto, shall ever be
under tine control OF any religious sect and
tn"i II" money OF lands SO donated shall be
dl'cd among religious Seet' or denom'na-