davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
THE COURTS.
IL O'Clock.

THE PACIFIC MAIL SUBSIDY MONEY.
COL. IRwIN's ANSWER TO THE CoMPANY's SUIT HELD
TO BE PROPER.
In the suit brought by the Pacific Mail
Steamship Company against Richard b. Irwin, to recover
the large Of money which passed through his hands
In procuring the second subsidy for that Company Col
Irwin put defense among other things that very
large discretionary powers in regard to the management
and expenditures Of tho Company had been conferred on
Its President Alden b. StOckwel, and that he expended
the sums with which Irwin is charged and that the
Company, for good consideration and upon full set
Element renqusled all claims in regard to these
moneys either against St0ckwel, the defendant or any
else The plaintiffs moved 10 strike ont THIS as irre
evant and as tho Court below denied the motion, they
appealed. l.,
The Supreme Court, General Term, Judge Brady CIV
ing the opinion holds the answer IT, be proper as de-
feise by way of accord and satisfaction. 1t may pe
binding on the Company If not in writing, and the de-
PENDANT not bound to set out his proofs in his plead
ing Judge Brady in his opinion, condemns the grow
Ing love OF experimental notions" 1t is" he says
'dOuotlcss Instructive and ingenious process but IT
il not There other modes for the
acquisition OF legal knowledge more genial and econom
salD
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
CONVICTION OF JAMES A. DUFFY.


THE SENTENCE CLAIMED TO BE NULLITY ON THn
GROUND THAT THE PRISONER Is NOW INSANE.
The trial of James A. Duffy, the prisOn-van
driver who charged with attempting to shoot Depu
tyController Abraham L. Earle finished In the Court
Of General Sessions, yesterday Judge Sutherland
charged tho jury, giving q summary Of tho evil
dence and stating the questions arising from
the plea Of insanity. The jury, after celebrating
for 1i2 hours, brought In verdict Of guilty Of
attempt 20 commit assault with intent to do bodily
HARM The latter then made motions for trial and
for arrest OF Judgment, both Of which overrued
Assistant United States Purdy OF the
for the prisoner rendered the plea 10 the Court
that the prisoner insane at the present time. and
asked inquest determine his sanity In acoptance
with the statute. This not granted and Duffy
was then brought to the bar and Judge Sutherland
fenced him to imprisonment In the State Prison for two
and half years. the longest that could be given for
the crime Duys daughter, girl of about IL years Of
age very much affected hearing the sentence, ana
was carried from the courtroom screaming.
Immediately upon sentence being pronounced Dnnys
applied to Judge Brady in the Court OF oyer and
fore him petition in the ordinary FORM setting
out that the prisoner not detained by the sentence
OF any OF competent Jurisdiction Tho theory on
which the petition Is framed IL that Duty was insane
when sentenced and therefore the sentence was nuity
Judge Brady issued tho writ returnable forthwith anu
Duffy brought at once before him. but as me hein
had not time TO make written return, the MAYER wS
adjourned until Wednesday, and Duffy was meanwhile
committed to the T0mDs.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29

thA isAv n OF q character. and her house
of repute that maie the visits OF Mr. Tton, OF hr.
Mouton and Of Mrs. Mouton suitable or not Old not
grow out Of and not measured and numbered n.y.
any interest or any feelings wishes of Mr. Boomer
that In regard to the measures and efforts ~ wncn
money oamo into Mr. ltons pocket, all tho pretensos
that those and wore but for
collection Of conceded debt, far a. Bowen was con-
cerned untrue and that In respece TO mo oont
buttons to Miss Turner's support ct her boarding
school In Ohio the pretenss they were In Mr. Beechers
interest for tho suppression Of scandal against
him, were equally false; that there was In her
removal the object Of the protection OF Mr..
TfIton's reputation, against her knowledge and
her probable evidence occasion should arise and that
Mr. Beechcrs relations to the matter began and ended
with the idea suggested to him that Mr. Ttons means
did permit him bear the expense or this measure
to which no resored that when there came to be either
an actual resort to pecunary contributions, to make up
fund carry along the enterprise that had been founded
by the friends Of Mr. Tton and Mr. MoutOn without any
contribution by Mt. Beeoher-I mean The Golden Age
and when 1t to the point where 1t was represented
by Mr. MOulton that without considerable sum OF
money some thousands OF dollars at least, tho enter
prise must como to an end. but II tided over
this period, 1t might hope for an established
prosperity, and when generous friend OF
Mr. TtOn had been ready to furnish tho Means ard lad
impressed Mr.. Moulon with her munincence but when
that high Of honor and deicacy which character
Mr.. Tton made 1t unsuitable that he should accept
such friendship, that then Mr. Beecher under these
motives, and only these motives, Of endeavoring
Of protesting, Of desiring te 10 oil that reas-
onably, or unreasonably, could be asked from
generosity and friendship, gave the contribution that
has been put in evidence before you. Now in running
out those lines In to their production
Of those lines Of evidence, there has necessarily
into display aarge Of Mr. Tltons conduct concern
ing which he originally gave his views true concerning
which by to get loasta
reasonable statement Of what tho truth really was but
concerning which 1t became duty by evidence expos
ing his conduct Of certainly not very agreeable charac
tor with certain unnamed ladies' and the real length and
breadth OF his admiration Of the character and the pri
cipes OF Mrs. Woodruff and her new dEpcnsation, to
and collect from the region which We raversed
q combination a variety weight, power Of damna
tory evidence which has, in your judgment not with any
compacency to my client, my clients counsel put
this matter upon the footing Of truth.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
THE THEORY OF THE DEFENSE.

Now, gentlemen, the general theory of the
defendants case is this: that the relations Of Dir.
Beecher and Mrs. Ton were the Judgment feeling.
and apprehension of both OF them. Mr. Beecher
ersood while those relations were growing and going
on entirely moral faithful true, wholly above suspicion
ON Inc part Of Others they wholly free from
pcion that there could be demonstration their
own part. Both these people recognized tho duty
not to be led willingly into temptation.
both recognized the duty Of avoiding the appear
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
THE ALLEGED WAREHOUSE FRAUDS IN CHAM
PAGNE.

Springman & Gerhard, importers OF wines
at No 81 Broadst. were charged some time ago With
conspiring to defraud the by removing cham
payne from bonded warehouse, and then returning to
the warehouse champagne Of lcss value than that
which had been removed Gerhard was arrested, and
man went AWAY and the officers vainly endcavored to
find him He voluntarily surrendered himself yesterday
and released by the Commissioner after giving DaL
Ia $1,000 to appear for examination.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
OTHER GENERAL TRAITS OF THE PLAIN
TIFFS EVIDENCE.

Now, gentlemen, there is another general
proposition to which wish to call your attention, and
which experience Of judges and Of lawyers, and
think the experience Of common life, will show you
res great significance There not any evidence that is
brought into this case after have left the Of what
may be called circumsantia evidence but which
TO nothing there is any evidence that int
this case that does not have It's ORIGIN not while ether
seduction adultery Is going but long after both had
como to AN end and long after BOTH they existed
had been discovered There Is not word, act,
movement o construction upon Mr. Beechers conduct
that does not have its origin subsequent TO the
Doth day Of December, 1870, having the
first pretense OF any such evidence originate tho 30h
day Of December, and not word Of evidence pro-
they say, from his, that didn't have its birth
after and upon the voluntary the earnest the exacng
roDuirement that Mr. Beecher should be careful not
by any heats OF controversy with other people, TO impair
the security Of the honor OF Mr. Tiltons family Con-
fessedly every word that Is produced here coming
from Mr.. Beecher's mouth has come after and
under the benevolent purpose Of supprcssing
the approach OF suspicion or OF combination, Of
breath against the fame Of his wife and his children.
Nor in respect OF Mr. Mouton except brought into
being between one who confdes and one in whom ho
confdes, upon their showing. nothing passed
from Mr. Beechcr either OF them under that confidence
that betrays guilt consciousness OF guilt but much
did pass that proceeded from his heart IN sympa
thy for the condition. love for the afflicted parties, and
in effort to relieve and restore and all that
to DO the subject OF evidence before you out
Of the mouths OF who avow that the
uttcrances Mr. Deechor and the freedom OF confidence
and Of condants grew OF the demand the enreaty
OF Mr. Tlton that his wife. who tho mat
ter what the subject was, for that not now dis
cussng-shOud 10 protected. and Of Mr.. Mouton, that
they bound by their e0ors w repair the mischief
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
MERCHANTS RECOVERING STOLEN GOODS.

Application was made yesterday to District
Attorney Phelps by Orlando L. Stewart counsel for
tain merchants In this city, to have released from
tody certain goods alleged to have been stolen by Conrad
Franklin Franklin Is accused OF having committed
four or five bnrgares in this city during the past four
months. He escaped tn Philadelphia, and thare
rested and brought 20 this city Tuesday last Goods
to the value OF about $4,000 found In his posses
Sion, aud put into the custody OF DstrctAttOney
Phel " Tho application psds Yesterday Wss fQx %
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
THE WATERBURY LIBEL SUIT ADJOURNED.
The appeal. in the libel suit of John Kelly

The appeal, IN the libel suit or JOHN Nelly
against Nelson j. Waterbury, from Judge DonOhues
order striking large portion Of the answer being
called In the Supreme Court General Term, yesterday.
Henry L. Clinton and Col Geo. w. WiDgate announced
that they were ready for the plaintiff. Mr. Waterbury,
however procured an adjournment to the FALL In view
of the continued engagement OF Judge Porter In the
Beecher case.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
CRIMINAL NOTES.

Henry Nesbitt indicted for mayhem, was crested
Field and OConno and brought TO the District
Attorneys office yesterday, but falling TO bail, he waa
committed to the 1Ombs To await his trial.
At the Jefferson Market Police Court yesterday
william charged Charles 5. Peek with having
entered the dwelling house at No 2l0 West 1wentyhh ST
pipe OF the value Of LIE Leid $l,0
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
LITIGATION OF wOULD-BE ASSISTANT ALDER
MEN CLOSED.

William E. Demarest and Patrick Jones each
received few votes at the election last November for
office Of Assistant Alderman They sued Mayor Wick
ham to restrain any proceedings the part OF the City
Government until Board Of Assistant Aldermen should
be ORGANIZED, claiming that the act aboshng that Board
unconstitutional The Supreme Court Special
Term, sustained demurrer to their complaint and dis
missed it, and the General Term affirm the do
cision of til Court below. Judge Daniels
giving the opinion OF the Court holds that
In the transfer OF the powers OF tho Assistant
Aldermen 10 the Aldermen, nothing taken from the
city, Nothing in the Constitution OF 1546 continued the
Office OF Assistant Alderman Independently OF the power
OF the Legislature IT. Its duration not pro-
vded for by tho constitution and subject
power vested In the Legislature all municipal cor
porations The provision or the Act OF 1873 abOlishing
the Board OF Assistant Aldermen and comforting its
powers on the Board OF Aldermen therefore within
tho authority OF tho Legislature tho votes cast for
the plaintiffs were OF no OBJECT.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29

lease propefyy, excepymg ssmpI66
from each lot which reserved be used In evidence
Tho application granted.
Franklin held to ball BY Judge Otterbourg, ct tAs
Tombs Police Court on Thursday, In the nm Of $4,000,
In Of the cases against him. He will be brought
up for further examination tuesday next in order 70
prepare the necessary aidavits In the other
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
COURT OF APPEALS.

ALBANY, May 27.-In the Court of Appeals. frr
day. May %, 1873 No ii-Moore agt iiathawa srs&
Illustrator &C. respondent ag' The Vow Jersey steam Nat
Morgan al respondent agt Penelope Crooker ct a an
iiors, appellants argued b. H. o. Cheeseeoit eoun
bl Tor appellants aud by Ely Tapham Tor respondent =" -
ueorss Z. Genet appellant ast Daniel ketchnnr e. a. ~
c. Genet OF couisc tvr hpiet
liant AMI by ~ Davenport Tor respondents trocaniauon
made, AID Court adj W Monday NAY 81 1910.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
THE WARDS ISLAND MURDER TRIAL.
TESTIMONY FOR THE DEFENSE AND IN REDUTTAL-
1uAn ACrEp OF LILLE ACCuSED.

TESTIMONY FOR TIE DEFENSE AND IN REDUrTAL-
CHARACTER OF THE ACCUSED.
The trial of John Power, keeper in the
Wards Island Lunatic Asylum for the murder of Gus
tave do Vernon continued yestesday before Judge
Brady, IN the Court OF Oyer and Terminer Commits
sioner Townsend Cox called to contradict the wit
ness Van Hannoch, and testified that Van Hammock told
him that he sat Vernons head DR. b. Goodman testi-
fed that he received diploma some time last
February, and at the time Of the violence to
Vernon In charge Of the dispensary on
tho Island. He examined Vernon on tho
day OF his death, and found symptoms of phthiss At
the pOstmOrtcm examination he examined the body with
the other physicians The liver showed traces of
sivo drinking and the witness inclined to ascrbe
the pneumonia of when he died to that He found
three ribs the right side broken and there two
bruises the outside but he was inclined to think they
were broken by compression, or possibly by falling on
ride of some kind He hd kST1 two r ease; r.; where
fell from scaoid on ladder lie forgot the history OF
Policeman Michael Collins and Sergeant linden
testified to the extreme violence attempt
SsS aS on @ sG FINN ne a ssn to s6
keepers at the Tombs, gave similar testimony Edwin
bad feeling between Van Hammock and Power. He also
testified that Van Hammock told him that he threw
gave evidence that he had poor opinion Of Van Han
nocb. Silas Pearsal the supervisor OF the Keepers
had found Power kind sober and careful After it, how
he heard that on one previous occasion Power had
witnesses gave the prisoner good character
In rcbntt Assistant Dstrict-Att0rney Lyon recalled
Goodman to attend patients, as Goodman had testified
He explained Van Hannocds statement that he sat the
head OF the deceased by saving that from his gestures he
plainly meant he held it between his knees. He stated
that he previously had occasion to reprove the former for
hasrhness to patients. The case was then adjourned
to Wednesday. Dr. Leo, who made tho p0s.-Inortem
examination, was .ubpenaed, but notplaced on
sIsng stating that while he there in obedience TO
the Court the Controller had refused him for max
ing the p0sIortem examination. he had refused TO
pay the expenses of all other postnorem examinations
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29
COVRT OF APPEALS.

ALBANY, May 2s-The following is the Court o. q
Appeals Day Calendar Monday May 81 Nos -. ~ ~
81. ~ u. ~ " 49, 80 - .-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29

manifesting them. question ncbody's motives IN soe
provided only they sccept tho fsc ond ha'o
the courage TO stand by them
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-29

NJ Mr. Ton himself that covered believe. la the direct
FORM eight days and of course Involved consider
able consumption of tme in crossexaminatlon that on
tho part Of Mr. Moulton covered many days. and on the
mart Of other witnesses took considerable tme and in
yolyed an examination all these lines OF conduct and
all Of them exposed you and presented under the oath
of the plaintiff and OF his supporting witnesses In
maintenance Of his theory OF the case. Our duty
involved us in the necessity-for We could not stand
upon points OF law appeals to tho arrest OF Irrelevant
inquiries which went beyond OF the actual and sub
stanal evidence that could support any verdict what
over your conclusions might be upon the without being
exposed to the imputaton OF excluding Mr. Tltons evil
dence or Of excluding inquiry that might suppress
the TRUTH duty involved us In the necessity OF meet
ING the plaintiffs evidence by that which we have pre-
sented TO YOU We never gentlemen have given any evil
dence In this case by itself for the purpose OF ITSELF and
by itself OF aspersng depreciating. injuring Mr.. Til
ton outside OF the relations TO the proofs OF the accusa
ton here Nor have We given one word OF testimony
with purpose OF affecting what called the question
OF the damages that should be recoverable against Mr.
Beecher by showing permitted by the law and as
in many cases. may be proper when there Is contest In
yoying money sought side and money sought to
be saved on the otherwe have given word OF
testimony with any such purposeas that All ourevdence
has been to the false views OF tho condition OF that
family in respect peace and happness the false state
ment that any disturbance Of that peace or happiness
came from the intrusion Of Mr. Beecher, or any other
Beecher grew out of that interference tho false preten-
sion that Mr. TtOn owed his disasters in respect Of Mr.
Bowen and employmcnts, TO any malignant influence OF
Mr. Beccher, instead OF TO his damaged reputation
and his own misconduct and such necessary disclosures
bearing that question grew out OF Mrs TtOns re-
sstance TO further reproaches and further dsgaces and
further expressions from the misconduct OF her husband
That the preenses Of Mr. TltOn that there selfish
or sord motive and object in the impressions and the
false which he desired TO produce upon Mr.
Beechers mind, order his aid. his commisera
ton his good disposition toward him. that those pre-
tenses say OF the of sordid interest upon Mr..
Tltons part, had fouldaton and as We go into the
details lit Is worth while to anticipate themit
would useless consumption Of timel Of the motive
and the character pretended tho part Of this plain
tf of his associations and his efforts with Mrs Wood
hull whatever they may have been shall find that the
pretcnso that they were excited, were measured
we're directed by any interests any rela-
tons OF Mr. Beechers Ia equally false that those rela
tOns whether they suitable unsutable whether
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1875-09-22
uUsBAxDs AND wIvEs.

It was the freshest Of April mornings, with
soft wind that rifed all manner Of sweet
scents from dimpled hollows, purpled over
with young violets, and solitary brooksides,
fringed with white anemone stars, and waited
them into the city streets, to revive many q
wearied dwelier among the paving stones.
Mrs. Arden, standing at her window, looked
down at the few feet of earth that city people
dignity with the name Of garden" and felt
the sunny spring influence even there.
"What a lovely morning" she said to her
self, "this is tho very time to put the dahlias
into the ground and take care Of the roses
how fortunate that to-day win be compara+
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1875-09-22

POETRY.


See this white faco. smiling softly,
In aTare and tender rest,
And the pale hands holding blossoms,
Clasped upon the siienibfeast.
Something seems to whisper 10 me
OF how vain 1t is 70 weep
Fer this weary, resting Pilgrim.
Who has only fell asieeN
She will wake soon. what rapture
viii come DER her, stauding there,
AT the gateway OF the citf
Where so many dear on44re
AL about her fairer blossoa,s
Than these poor pale things she holds,
In her slumber, on her bosbm,
In her earthly garment sfolds.
Let her rest--she has grown weary
OF the path her feet had rod;
OFT we saw her eyes, III longing,
Turned toward hehills Of Cod
Heard her saying softly over,
"Oh, so fair but far awayl"
Now her weary journeys ended
Kiss her face, and come away.
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1875-09-22

w a q
.r,,astas ~. - - - -~ '-''' $50
R.t tb;s bird 80 .s.,,,;b,r ra,,,,;r.. ,u...
i, ...s.s 49,, s ~ $50
80 ao,,.s,.'ss.,.,.' ..s, 81 = 90 =.
.s,,.,.,,,s. M ...... -.
ss.., $500. a., s,r. .....',. 49, -,
.s:sas 49,. s.Tss slss,.a ), ~ s..s
= -.e.s Il.
K. - ,..,',,s
- 80 = -
p'essns !. = 1'ss t''es s''spe - :, p'su sne
sss 80 = ~ - 1867 ~
',s''.s ~ (. q =
e =. ~. '''e
- Y = = e
~. 1s -. 80. s. Z. 81,
'-s g %. *
n
= ~ =. 3 ~, 81
-, 6 ssss,'s'' S
. - $3.50, =, !. 80 - q
=. 80 . 8 ~
1870 t'r .,,'s-.s - ~.
o,p'vs A.ss CIV ~. 49,. s. G..
- H. ,,sc,,;sr ca,,l;,,o, g. rst,rs, c,asas,ey
;st;cs of tho nun;ls mind what skin may
10 d;sp,aved on anch work what an enlarge
,,e,t dav nv aav. of the teaoher,s own. now
orr ,n,st ba t,,a Unavailable result Of sueb nrao.
tire /
To the nunil the advantages Of oral teach.
Inn ara san greater Language il subord;nnte
: tbouoht instead of thoncbt to language.
Ideas are developed in connection with the
words which are 70 he used to express them.
aaa =, ;nterast i awakened which stimulates
.ho wind =, an over-;ncreasinc activity. In
da,,a ,+,,,.ct If natural science this ii
oons;dorat;on Of The GREATEST inheritance. Sun
$3.50 4 81 ;rton,,ei ~ taanh Rotanv. Instead
- ,s,,,;, !, t,,a ,,,,;,s 81, elaborate and soieu
t;acia,lv arranged textbook, and requiring
them to commit to memory definitions of
terms the true meaning of which no mere
language can convey, the teacher presents a
handful Of leaves. few simple blossoms or
other objects of the kind, and by little skill
fnl Questioning leads the mind Of the child to
observe the peculiarities Of structure of leaf,
flower stem, ETC., and thus awakens curiosity.
In this way words are associated with the
ideas obtained from an examination of the OBJ
iects. and their meaning, thus fixed by an inn
n
pressive association, can scarcely ever fade
from the memory.
| The following admirable remarks OF Hux-
ley, in regard to instruction in natural science,
are here very pertinent /; If scientific train
ing is to Yield Its most eminent results, II must
be made practical That Is to say, IN expiain-
ing to child the general phenomena Oh ma
ture, you must as iiar as possible, give leai'.s
to Your teacnis's ,esso.s - s,a'''.-
ing him Botany, ne nnus' ha'uie s"o p'"'''
and dissect the mowers iof himself ~ 'ea0n'
ing his Physics ana CHEMISTRY, you .nus' no.
be soiicitous 70 MI nun WIN inlof'"a''on' o"'
you must DC caretui ina. wna' no ioa,us ns
knows Of his own knowledge 10 no' - '',s.
isIieu Win 'c'iins nm s-'s "s -, B, :
lron-ict nith Soo vn"e ~ eoo' ~ 500 49, -
pull of one upon the other for himself. FUR
sas s. w.. ia -, naLs sure that however scanty
-, ~ ,,,aas,rs If information which
~, hove ,;o,,red into the bows mind, YOU have
9S~s' =. f..,,....,,..,.:4..e ...;oo,oss ..,,s