davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1875-11-18
SEX MARKET POLICE COURT.
Before Judge Otterbourg
THE pIYIsIoN srRREr ''RopBERY.

THE DIVISION STRICT ROBBERY
The case Of DR.. David Dundas who accused Of
completely in the robbery Of Lewis Clark, OF No. I'll
Division street. up at the above court yesterday
for examination. Tho court room crowded with
people interested in the case, consisting mostly Of
residents OF Ludlow and Essex streets Nearly all of
them manifested great sympathy with the accused.
When the facts were sfted by Judge 0tterbourg the
resolved itself thus CLARK had not been robbed,
ana had not Dundas the day Of the alleged rob-
berry, for weeks before One of the first witnesses
called the sister OF the complainant Mrs. Dora
Korn, of No 4S9 Canal street who testified that she
heard her brother say he would get DR.. Dundas into
trouble as he had failed 10 his leg.
Maggie Levy, OF No 20 Ludlow street. swore that she
called Dr. Dundas at quarter to five O'Clock on last
Sunday morning TO ask him 10 visit her mother; that
he accompanied her TO her house and remained there
till eight o'clock in the morning.
Rosa Dundas chilli about twelve years OF age cor
roborated the story of Miss Levy.
When Clark himself called mp and asked to
TO the original complaint he said, No, Judge l
cannot swear II would be a sin for to swear
Judge Otterbourg at once repled:-"It is a sin for
you swear? What do you think ought be your
punishment for having man locked up for four days
a false charger wish had the power and would
lock you up"
Cark-oh, Judge, I'm an old man and a cripple You
ought not to talk that way TO me-
Judge Otterbourg-Dr. Dundas, You discharged
and must say am thoroughly dsgusted with the
people who brought this charge against you.
The New York herald., 1875-11-18
THE SCANDAL ECHOES.

LIBEL SUITS OF H. c. BOWEN AGAINST THE
BROOKLYN EAGLE-THE ABSENCE OF MIR.
TILToN CAUSES PosTPoNEMENT.
The suit Of Henry G. Bowen against the Brooklyn
Eagle for the publication Of alleged lbels rejecting
upon the plaintiff during the Beechcr trial was called
in Part OF the City Court before Judge McCue yester-
day morning. The offensive articles were three in
number and damages claimed in each of two of tho
causes in the Of 500 600 each and the third
cause $50 600 demanded
Ex-Judge Fullerton appeared for Mr. Bowen. Mr.
W. C De Witt Corporation Counsel and Henry Hacner
represented the interests Of tho defendants
When the called Mr.. Dewitt said that they
would not be ready to go then their main witness
Mr. Tlton, not in town. but would be in Brooklyn
during the holiday week. when they would be ready
go trial Mr. Beach, who is senior counsel for tho
defence also absent, engaged court in New York.
which another obstacle in their way. An aiidayt
TO this effect was then read.
Judge McCue SAID that there were reasons why he
ought to decline TO act In that which he imagined
the counsel understood The application for post
ponement had therefore, better be made before either
Judge Nelson or Judge Reynolds
Mr. Dewitt SAID their motion was 10 put the case OF
for the term Judge McCue sad that the motion had
better be made before Judge Nelson and that the hear
ing of the motion here retarded the business Of the
Coart.
The party then proceeded TO Part OF the City
Court where the motion 10 postpone was renewed.
hAJuubc uiie sVu salu eha' va eheh Siie thes w
cuped very embarrassing position as they were
instructed by their client and for good reasons, to
urge immediate trial Of this cause. Mr. Bowen had
been great sufferer by these publications. and he has
sought his remedy ID proper pace-n court OF JUS
ticc For the second time they were ready with coun-
sci and witnesses to try the The absence Of a
material witness the absence OF the senior counsel
ives not sufficient reason FOR sustaining the motion 70
let the 60 ever.
Mr.. Do Witt contended that, as matter OF law the
Court had not the power press them to trial without
the attendance OF Theodore fton. who then alb
his lecturng in the State OF Nebraska and
would not return until the holidays As matter Of
IA ruess they ought not to be asked 60 trial with
hIs presence because his testimony describes the
whole justification for the publication.
Aer further discussion the case put OF till
the rst Monday In the December term, and the party
eff the court room
The New York herald., 1875-11-18

followed him hher shortly after his return 10 this
city IN July 1861, with whom he now lives IN open
adultery at No 10 West Thirty seventh street. New
York where he has furnished house, az which place
and with whom. various times since the month or
July last, he has frequently committed adultery
Teah-That as the paintIh is informed and believes
the defendant most notorious pronigate and ---,
aud that dissoute never lived In civilized
country that he is In the constant habit or seduclng
all his female operators who will submit themselves 70
his base DESIRES and whom he employs in his estao-
lishments Lhis country and In Europe with special
reference making them the victims OF his brutal
lust aud that at divers places in the city Of New YORK
and elsewhere and times within the last ten
years but what particular times and places tho
plaintiff is unable state specifically than IS
herein set FORTH be has constantly committed adultery
with the said persons herein named and with otner
persons now unknown TO this plaintiff.
Eieveah-That the defendant has threatened this
plaintiff and her lawyer to bis face, with the ''God
damnedest beating any one had in this world" II
any legal proceedings Tor divorce should be COM
menced against him by her.
T,oelfah-That the plaintiff, although for nearly
twentyv years for the sake OF her children and the
good opinion OF the world she has patiently submitted
to her husbands treatment yet ignorant or his
adntereus habits at any time until the month Of July,
1860 since which date she has not cohabed With the
defendant
Tatrteenut-rhat said adultery was committed with
out the procurement, connvance pryty consent OF
the plantiu; that there had been conformation by
the plaintiff with the defendants that nve years have
not elapsed since she discovered the commission Of
SAID adultery, and that the plaintiff herself has not
been guilty Of adultery.
Therefore the plainlG demands judgment OF divorce
from the defendant and that the marriage aforesaid
be dissolved with such further and other relief
the Court may direct ALBEIT FULLER
Plaintiffs Attorneys.
City and County Of Neto York. ss.-Mary Ann Singer
the plaintiff being sworn saith that the foregoing
plant true of her own knowledge except 10 tile
matters therein stated be her Information and be
lief and that as to those matters she believes J. 70 be
true MARY ANN SINGER.
Sworn December 7, 1861, before me, CHRISTIAN vow
HISS, Notary Public, New York city.
The New York herald., 1875-11-18
POLICE COURT NOTES.

AT the Tombs Police Court yesterday before Justice
Flammer Patrick Gleason and Patrick Ryan were held
charge of stealing 100 yards of carpet
OF the value of $50 from the hallway OF the house No
5S West Broadway. Bail was fixed at 81, 900.
Mary Williams, Of No. IL Thompson street. was ar
ragned before Judge Kibreth yesterday charge of
robbing John Ryan, of Providence, r. L. of $52 She
committed in default of 81 900 bail to answer
John Ryan was sent TO the House Of Detention.
Officer Cutl, OF the Seventeenth precinct Tuesday
night arrested three men, named John Dorcey, James
Driscol and James Mckay, whom he noticed acting in
a suspicious in front of No 233 First avenue
They were brought the Fifth station house
and complete Of burglars tools found in their
possession. Judge 0tterbourg at the Essex Market
Police Court yesterday committed them in 81, 600 bail
each TO
John Hill and John Tobn arraigned before
Judge 0tterbourg ut the Essex Market Police Court
Yesterday, on charge of robbing John Zehne of
No 81 Wilett street. of S22 while he lying asleep
IN hallway in Rvington street. They both COM
mitted in 81, 900 bail to answer
on Monday night two men, named John Conn ell v
and John McAten, sncaked into the house of Mr. John
Nicely OF No. AZ Mangin street, and stole about $50
worth of clothing They arrested by an officer of
the Thirteenth precinct on Tuesday, and were COM
mitted by Judge 0tterbourg in default OF ST. 900 bail
each TO answer.
The New York herald., 1875-11-18

Malter or Inuroer when nIled up win be signed
Hebbern vs. Kole-Motion TO discontinue, Withous
costs granted. Memorandum.
BY Judge Lawrence
Gokey vs.. Ulster County Ice Company-Granteo. =
Barber VS. Hon-Moton TO compel plantin 70 me
security for costs denied, without costs.
SUPREME CoURT-sPRCIAL TERM
BY Judge Van Worst
Fletcher vs. Clark ct al.-Findings signedi moton
for new trial merits denied.
Marshall ct al vs.. Macy ct aL-Order settled and
signed.
SUPERIOR CoURT-sPEcIAL TERM
BY Judge Curtis.
Clegg VS.. Hamel et aL-Findings filed and judgment
for foreclosure and sale.
BY Judge speir.
Bowere VS.. o'Brien. Amendments settled.
COMMON PLEAs-sPEcIAL TERM.
BY Judge Larremore.
Knapp VS. Campbell Report of referee confirmed
and judgment 10 be entered.
Masters VS.. The Eclectic Life Insurance Company -
Application on behalf OF Attorney General granted.
Matter Of Observation-Disclosures dc lunatco inqui-
rendo ordered
Wheelock vs.. Walker; Kelly vs. Dyes sweeny
Aruell; Sponord VS.. Northrup.-Motions granted.
Louie vs. Stratton; Costello vs. The Mayor &c.-Mo.
tons denied
Hunter VS.. Hunter.-Reference ordered
Coswel Jr VS. Genet Memorandum.
Murphy VS.. Kaile Default opened.
The New York herald., 1875-11-18
COURT OF GENERAL SESSIONS.
Before Recorder Hackett.


DULY FOUND GUILTY AND SENTENCED FOR TEN
YEARS TO STATE PRISON.
Immediately on the convening OF the court, Re-
corder Hacket delivered characteristcally clear and
concise charge the jury before whom had given
on the previous day the testimony in the case Of
Thomas Duly indicted for shooting Officer McAvecty OF
the Nineteenth precinct the morning of Sunday Juno
90 in Third avenue near Forty second street His
Honor charged them that If the prisoner fred the PTS
ol with the intention Of killing anybody It mattered
not whom be should be found guilty OF felonious as
saut with intent kills but tnat II he fired with tho
Intention OF merely wounding the officer IN order
Tree himself from arrest he should be found guilty OF
an assault with intent to do bodily harm.
counsellor Mott took exception 10 several points in
the charge They were all oyerrued with the excep-
ton OF the request that the Court would charge the
jury that they might find the prisoner guilty Of sim
pie assault and battery This charged. The jury
retired Tor 1--WE minutes and returned with verdict OF
Guilty of ieonious assault with intent to killn The
prisoner, when askezwncther he had anything TO say
why sentence should not be pronounced, replied that
he had not been granted fair trial as witnesses had
beeh permitted TO come into ana contradict the
testimony they had given on'the former trial
heoorder hackettis that all you have TO say, sirS
Recorder Hackett-Ten years in State Prison at hard
labor!
PENALTY OF PICKING A FRIENDS POCKETS
About four O'Clock on the morning Of Sunday octo.
Der "a James Henry and Patrick j. Walsh were MAKING
their way home after having spent the night together
When they reached the corner OF Third avenue and
TYeniyfourth street Henry picked the pockets or his
c0inphnon OF the sum OF $50. Walsh procured an IN
dcmcnt against him for larceny from the person M the
night time, and yesterday he pleaded guilty and was
sentenced to state Prison for Eve years.
FOUND NOT GUILTY.
Matthew Ryan was arraigncd for trial on charge OF
The New York herald., 1875-11-18
ABUSES AT CENTRAL PARK.

To EDITOR OF THE HERALD:-
To say that your admirable articles upon the Central
Park have met with favor from the thousands inter-
csted in that pleasure ground would be indeed mild
language. know not few who have felt that
at last something going to be done TO give
pleasure to pleasure seekers rich and poor, as they
read the HERALps editorial comments. Especially
happy was your satire OF placing the Central Park
under a glass case, as well it might be under tho
present absurdly stringent regulations, nstance:--
People alighting from vehicles, "the grass, y TAB
sence OF saddle paths bordering the carriage roads
&c Yes Mr.. Editor have reason to believe your
potent articles telling Keep up the singing blows
and success will be ours. Now, allow a few moro
indulgent lines in your valuable journal Of relevant
obectons the Of the Central Park roads,
which alterations be attended to and altered with
triaing expense; the "bride pathsn improperly
constructed so much so show the grosscst ig-
norance paths being covered with small stones pro-
ducing irritating and injurious friction and heat
upon the hoos Of the horscthe stones just largo
enough to get wodgcd ~ between the frog and tho
shoe aud serious injury. lf they intended
produce this result the constructors feel grati
ted Al their success Words utterly fail TO describe
the thoroughly conicmptaous expressions OF eques-
trians az this nuisance. Tho remedy would suggest
would be simple English cose-cut turf The cqucs-
trlans are not by any means numerous cut IL
up. The ram would DO readily absorbed, the
dust kept down. there would 10 far less
mud then after rain than now the case and 10 20
step further what possible objection could there 10
In directing here and there picturesque brooks OF four
or hve feet and hedges. appointed as to leave is
optional with horsemen horscwomen of which there
are not few, am happy 20 say, In this city with all
their Disadvantages Tor practice this particularly
leap over II would assurcdly not be the most
neglected spot in the Central Park BY either observers
or performers II does SEEM Mr.. Editor, as If tho
most emascuatcd Parsan ideas had taken hold Of
the wheel OF the Central Park ship and iearcd
10 sail along with the most ordinary progressive
ideas OF the day. lf the landscape gardeners
would copy more ol English and ideas the attrac
tions OF the Park woaid certainly DO enhanced and,
although may point another letter certain other
cheap but desirable improvements, viii growi only
once more and that 4 about the heaps Of lumber tho
two horse rollers the cUnlounded construction carts
that make perpetual thoroughlrc OF the brdlc paths
aud are left oQQse around all over the road when tha
4 workmen are through their days work. Why, Tor
goodness sake 40 lhcy heap up all the annoyancca
4 upon us What crimes have VIC committed that our
roads shall be ruined and workshop made Of pleas
4 ure rround2 THE BRIDLE PATH.
The New York herald., 1875-11-18
THE RETRIAL OF sCANNELI,.

The further efforts to obtain jury for the retral OF
Iohn Scanne for shooting Thomas J. Donohuc were
renewed yesterday in the Court OF oyer and Termner
before Judge Barrett. There was the same crowded
court room the fastidousness Of dress and calm
indifference OF manner the part of Scannel; the
same scat at his side was occupied by his wife, who
seems by far the concerned of the two and the
prisoners counsel, Messrs. William A. Beach, William
I. Howe Charles Spencer and Peter Mitchell, showed
The same promptness in their attendance while the
prosecuting lawyers, District Attorney Phelps and
Assistant District Attorneys Rollins and Lyons
also on hand with like promptitude
Directly upon the opening OF the Court the work OF
obtaining jury resumed. The previous formula
questioning only slightly deviated FROM the OBJ
lect being to discover among the large panel awaiting
examination some additional persons whose scope Of
newspaper reading is of limited order, and if not
altogether the most intelligent gentemon that could be
selected for such duty at least meeting that essential
requiseabsoute ignorance of the facts regarding the
homicide and consequent capacity to in judgment
upon the case without prejudice or bias. In capital
cases jurors having disposition to shirk jury duty
always fall back securely upon conscientious scru-
PIES" good many were excused yesterday for this
reason. In enctng this fact however, occasion
ally rather ludicrous responses given
10 the nterrogating counsel One person asked,
for instance If he had any conscientious scrupes and
he answered very promptly, "Yes, against carry
ing pistols" Another one said, 81 have conscien-
tious scruples on any subject Quite a number sadly
amusement OF all present In the of the day
Mr. Beach got into quite racy rencontre with juror
upon abstruse theological questions Among per-
sons examined was one named Spratt Mr. Howe sug-
gested that If they wanted catch him they better
send for Assistant District Attorney Herring Thus
though the proceedings were, the whole of rather
monotonous order there were occasional episodes
that served to somewhat relieve the tediu The re-
suit of the days abors obtaining three additional
jurors The following is the list thus far
John Ginshbush, No. sos Worth street. wool mer-
chant
David j. Dannet, No Tompkins street, lumber
dealer.
John J. Hicks, No. Ill South street wrecker
Samuel Booth No 545 West Thrty-hth street,
boiler maker
John 5. Neill No. so Beekman street. printing roll
ers.
Sherman p Colt, No. AZ Beekman street, hardware.
John II. Oberteuner No. 199 Grand street, dry
goods
An extra panel OF 200 ordered for to-day The
counsel for the prisoner have to the present time
used ten peremptory challenges, and the prosecution
seven An effort will be made to complete the Jury
to-day but it will not be at all surprising If 1t takes two
days more TO dl the jury box
The New York herald., 1875-11-18
COURT CALENDARs-THIs DAY.

SUPREME CouRr-CHAMBERs- by Judge Dono
hue-Nos 27 o. 75 70, 7s 79 so, 81, SO, 81, 80, 81
100, 1S9 199 2o5 2l7 223 225 226 22s, 300 23o 231
SUPREME CouRT-CRcUIT-Par L-Adjourned for
the term Part 2.-AdJourned until Friday. Part s.
Held by Judge Van vorst-Case on, No. 52a No day
calendar
SUPREME Rr-GENERAL TERM-Adjourned for the
term.
SUPREME CoURr-SPEc1AL TERM-Held by Judge
Lawrence.-Law and fact-Nos. 421, AS, 434 153
lO2' GOA o22 GA 12l, 4SS, ., 440, coo, COS, 6sl
SUPERIOR CouRr-GESERAL TERM.-Adjourned for
the term.
Sper-Nos 29I, 1419, 100, S23 76 S27, S43 SIS, 745
75l, 715, $685. 1871 $40, 6s9 Part 2-Held by Judge
Curtis.-Nos 1882, 938, 696 $685. 800 a. $685. l420 to-
rs, 454, 932, $50, IA, 664, 34s.
SUPERIOR CouRr-SPEcIAL TERn-Held by Judge
Freedman.-Dem 6. Law and iact-Nos 8,
COMMON PLEAs-GENERAL TERM-Held by Judges
DAILY Loew and Dsly.@Nos. 3 s5, 100 lo2, lis, lo7,
COMMON PLEAs-rRIAL TERx-Part Held by Judge
Robnson;-Nos. 1865, 14S4, 1577, 279S 25o5, 1866,
4o1 y, 22s7 1863, 2776, 1898, 1874, 1862 403 2463
MARINE CoURr-TRIAL TERM-Part Held by Judge
spaulding.-Nos. 1868, 29o9 $3.50, 1854 1857, 1898,
1898, 1904 57o3, 6e62 1904 5o3e, 5l4e, slsS 354s.
1915, 34ss, 1892 $685. Part 3-Hcld by Judge Shea :
Nos 5647, 1918, 1926, 4474, 5516, $780, ASIA, $751;
S592, 5l91, 5553, 6554, 551l, 5127 374a
COURT or GENERAL SEssIoNs-Hed by Recorder
Hackett.-The People Richard Cogan robbery
Same VS. William Rogers and Thomas Maher, robbery
Same VS. Timothy Mccarthy, robbery: Same VS.
Matthew Costello and Francis Mcclure, burglary Same
VS.. James Gibbs, burglary; Same Patrick Henry
burglary; Same VS.. James Burns, burglary; Same
Patrick Welsh burglary; Same VS.. Gertrude Schneider
grand larceny Same vs. Richard Brocken, grand lar
ceny Same Charles Drausser grand larceny; Same
James Burke, Frank Hamilton and Fred Bessamer
grand larceny; Samo Solomon Mannheim, grand lar
ceny; Same VS.. James Wright, grand larceny; Same
VIM. Spohr, petit larceny; Same vs. Karl Kreusing
petit larceny; Same VS.. Edward Dcgaw, gambling;
Same VS.. James Douherty, violation OF election laws
Same Thomas Harrington, violation of election
laws; Same Henry Moulton, violation of election
laws Same Henry Reechle and Robert lsaacs, rob
berry.
COURT or OYER ASE TERMINER-Before Justice Bar
retL-The People VS.. John Scanncl, homicide.
The New York herald., 1875-11-18
BRooKLYN's TREASURER.

Corporation Counsel Dewitt, Of Brooklyn, yesterday
served the summonses and complaints in the
against the bondsmen Of City Treasurer spraguc
recover the amounts of the notes gwen by them TO
secure the city against all deficiencies nat may remain
alter the sale Of Sprague's assets Mr. Henry Sawyer
one one ol the bondsmen, gave two notes, ono for
Sz5'os5 " and the other for S77a7 a. The other
Nash, $797 s4 w. G Kingsley $23 383 So; James
orwell, $23, 1893 50; Josiah o. Low 81 7Q7 s4; Robert
!. Milford S23, S93 81. The bondsnen will now have
70 pay up Lho amounts set opoosIte thelr namna-
The New York herald., 1875-11-18
NEW YORK HERALD THURSDAY Isl 87-rRIPLE SHEET

burglary in the third degree in having, the after
noon Of October broken the barber shop Of Nor
rs Stone, at No l45 Chatham street. and stolen prop
erty to the value Of $780, Oficer Musgrove Of the
Fourth precinct the accused in street
IN an intoxicated condition Ex-Judge Curtis defended
the prisoner. number OF other witnesses were ex-
amned, and the trial resulted in the discharge OF the
accused
The New York herald., 1875-11-18
THE CITY OF WACO DISASTER.

Messrs. Matthews and simonson, composing the
United States Local Board OF Steamship Inspectors
asccrtaned yesterday who the shippers Cleve-
land Ohio of the 'oil' which was on the deck OF tho
l-ated steamship City of Waco To-day they will
send thor report on the subject to the Supervising
Inspector of Steamships Addison Low, who WILL upon
its receipt, write to the Local Board at Cleveland,
Ohio, hnd out what kind Of oil it was.
The New York herald., 1875-11-18
THE COURTS.
DilatOry Motions Still the Order in the
Tweed Suits.
Seven Jurymen Obtained in
the Scannell Trial.
a CURIOUS COUNTERFElTING CASE

Notwithstanding the adverse decisions rendered by
the Court OF Appeals on the appeal taken by William
M Tweed from decisions OF the General Term, MS
counsel evince q determination to leave no stone un
turned where there is possible glimpse OF chance OF
1ong anything that may accrue 10 his benefit 1t
looks little though his counsel were determined TO
continue pressing their original applications TO vacate
he order of arrest to reduce bail In spite OF the
,ction hitherto taken by the Courts in regard to his
applications three motions have been made before
Judge Donohue. in Supreme Court, Chambers
the first to vacate the order Of arrest
In the $1,oOo,ooo the second to reduce the
bail in the motion to the order of arrest is
denied, and the third for Mr.. Peckham to serve re-
plies TO defences set up in the amended answer the
&c. 000 900 suit and the in the 81 o00 900
The argument on the motion to reduce bail will be
heard to morrow
When the other two motions were called yesterday
Mr. Peckham said that he ready to reply to the
in each suit but to the ST. 900 900 suit in
which amended answer had not been served by
Tweed be desired tho order to be accompanied with
the stipulation that amended should be
Iervcd by the defendant He insisted upon this not
hat he cared In the least how many amended
we're served but he was anxious to avoid any delay
N bringing the suits 10 trial
Mr. Dudley Field said that he was unwilling to make
any such stipulation, but he disclamed any desire
ielay the suits
Judge Donohue took the papers for examination
Meantime IN the 81 600 000sut Messrs Field Deyo
rweed's counsel, served counsel for the people
yesterday an amended answer. This amended answer
in all respects the its predecessor already
published in the HERALD, with the exception of an ad
itonal clause which is as follows -"And for a further
and separate defence this defendant alleges on norma
lion and belief that there the commencement of
his action and still Is another action pending in the
Supreme Court OF the State of New York between the
iame parties and for the Of action the
complaint herein"
The Of the Court OF Appeals that there was
tbpm has
been the ground for serving the foregoing amended
answer in the second suit the claim being that the
rst suit of necessity include the cause of action
In the second and be bar to its prosecution An
prder made subsequently, by Judge Donohue that
The plaintiff serve reply in the first case but for the
motion for reply in the second suit he took the pa
sers, reserving his decision