davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1875-02-17
MIR BoUcIcAULps COPYRIGHT SUIT.

In the United States Circuit Court yesterday
the matter of Dion Boucicaults motion TO restrain
Joshua Hart, the proprietor OF the Theater Comique.
from infringing the copyright OF the play entitled
"The shaughraun," came up. The asserted infringe
ment was by producing the stage OF Mr. Hart's
theater the play entitled "Skibbeeah." Judge Wood
ruff gave an oral decision yesterday the substance OF
which is as follows:
An Injunction will he issued pending the litigation, re-
stratung Mr. Hart from permitting 81 his tneater the
performance OF Ee Sd Gth 7tb Sh 9th 10th, lth and
i2tn scenes ia "SkIb0eeah provided tDat Dir. Bouci-
cault will give bond IN $500 10 Indemnify Mr. Hart
for any damage he sustain ~ reason OF the IL.
iupcon IN case that, final trial. 10 should be held
that he had not iufringed the copyright OF :" The
shaugbraun."
This decision In nowse disposes Of any OF the ques
ions Of law which were argued on tho motion for an
Injunction. and MI Harris counsel claim that 40 the
New-York tribune., 1875-02-17
DECISIONS-FEB. l6.

Supreme Court-Chambrs-B Judge Lawrence
Geruaps Life Clark German savings Bank
AIT snow Of Russelt Freedman sst hsCsae La
Nan North River Insurance Company agt Hohnan
oebe sgt Mav Hbard Farmer agt Atberto, Philips
sr McCormack Cutting sgt steveBs mo III Sparks ag simmons
Order granted BY default Burchet agt zoe
,onn,eL Yield art Muper-Aiavt OF regularity required may
.y Of Sl0 costs Of motion the pAuun may
nss this calendar for first Monday OF March or a
etbervs motion gTlnted with costa Campbell sgt campbell
II easnst sig. the order rreseated until the orders ard
Msors, ,r Msoreyh order applied for cannot BE granted M
al The bns which petitioner intended 10 state the noqn the
Chsmberns hands been tled &e Vsn Co E Wsadng
top-u this require the order OF EXAMINATION OF
debtor the examination and the orer
LojerRepOr OF referee an Juos
divorce granted to psndh East RIVER nat agn
Rocke-oon placed on special Circut
for April 30 1875 Atwe Pe-TAe deiau ophol M'nos
party condition that the canse be placed ol w, op
Friday Feb 49, 1870 Gates sgl Mcrhesso
The to be wrong In tn
complaint served the attorney Tor we
Moyey sg MoIe-In this case unwilling to grant the decree
pocfs OF the identity OF the person served INC
defendant &c LANCER PersonOp payment OF slO costs o
defendant the plaintiff place this cause on Aeno
ILL., trial for Monday Of March 1870; Otherwise mo-
ton gfanied with Same agt Same.-Ssme
Special Term-By Judge Van yOrst-Wiggns, re-
G Lancaster Pre Insurance Company et -udsnD'
for defendant on demurrer.
Superior Court-Special Term-By Judge Sedg-
Of the petition Of Stephen Beezman for an
be dhsrgd Of record to be ree
Thomas Boe proof and report with opinion 10 Court
Common Pleas-Specdl 1erm--By Judge Robinson.
Herring Mortimer motion for trial denied win cSsn
lSee memoir randum.
New-York tribune., 1875-02-17
CIVIL NOTES.

In the United States District Court yester-
day. civil suit was begun against Lafayette Graf to
recover sS6CO the amount Of duty alleged to be due on
the silks for the alleged smuggling OF which he is in
dicted
Letters testamentary have been granted by
Surrogate Huchngs tho estate Of George Lesley 10
Alexander H. Lesley. the executor named In the WILL
whose appointment been contested months
by other egatees.
In the suit Of George c. Peters against The
Mayor one Of the many suits brought for the value OF
buildings removed for the extension OF Church ST..
Judge Donohue yesterday, sitting In Supreme Court
Circuit dismissed the complaint. He held that the
Court OF Appeals having decided that the conversion OF
the buildings was wrong act, the taking possession OF
them and their sale by tue COmnissonrr OF Puolic
Works. illegal He being The city Is agent only for
lawful acts the city not responsible for this unaw
fui one Moody Smith appeared lOr the plaintiffs c. r.
Miller aud j. NJ. Smith for defendant.
New-York tribune., 1875-02-17
TUESDAY. Feb. 16-P. N.

Dizziness characterized the Stock Exchange to-day,
and those who find no better explanation of the
fact attribute it to the higher rates of commissions
charged for buying and selling at the board Indeed
so much opposition to the advanced rates Is evinced
that notice has been published of meeting to be
held at the Fifth Avenue Hotel on Thursday evening
of those opposed to the recent change for the pur
pose of considering the propriety Of estab-
fishing rival Stock Exchange. Whether
this is serious movement intended for actual busi-
pess. or only an attempt to fetch the Exchange to
their senses and to terms the future will develop
Washington dispatches to-day announce that Con-
troller Knox has given to the Sherman Finance bill
the only Interpretation which appeared possible for
it to bearyz that the retirement OF oO per cent ID
legal tenders for each dollar of additional National
bank notes issued under new bill. goes into effect
Immediately, withon. regard to the amount of such
notes outstanding. AS we have already intimated,
there is nothing to say of the stock market to-day
except to repeat the same old. old story-dullness
in the general market and weakness in those
stocks not subject TO artificial influences stead
mess and frmness for most of the day
in those under clique control and stagnation
for all until near the close when the entire list be-
came heavy and closed at the lowest prices Of the
day. The aggregate transactions were the smallest
for many day past. and the fluctuations, with two
or three exceptions, were slight. Western Union
led the list in point of business. and opened ut 72
advanced to !, and declined to III, ut which
it closed, per cent below last nights closing
figure. Wabash opened ut III. sold down
to 10l and closed at 10l also per cent below last
nights price. Atlantic and Pacific Telegraph de-
clined to 81 and closed at 81. Union Pacific opened
at 4Oi. and beforehe regular call went down to 20
and up to 40i the sale of $500 shares AT the first
board it held its price at 40l, with ono sale Of 500
shares 39s seller 60 days, aud 800 at 4os buyer
days. From this point the stock held its own we'll
till near the close, when it went down
to S9, and closed at 40, below last nights quota
tion. recent decision Of the Supreme Court may
it is thought by its friends favorably affect the u
P. Company in Its conflict with the u. S. Govern
mont. and may possibly prove au additional induce
New-York tribune., 1875-02-17

mant u the latter 70 accept tho terms OF conn
mise offered By Mr.. Diljou. the Presldeps or ~
Company. Tho decision referred to 10 tnat IN -
case Of st. John agt- the Erie Railway Compsgs
wherein the plaintiff commenced proceedinss la ~
II. 8, Circuit Court against the Eric Compeoy
compel tho payment Of dividends on It's preienM
stock. insisting that the stock should msH
precedence Of bonds issued subseQuent to tnat g
the preferred stock In question. Judge B'atchf0p
after hearing of the case entered decree fof "
defendant, and the case was appealed TO the -
preme Court where the decree OF the Cncuis Juuss
was affirmed all which has no especial Deaus&
NOON the Union Pacific; but in the course OF tAs
opinion delivered by Mr. Justice Swayne, he tskee
occasion to define the meaning OF net earnings
applied to railroads. in which he says: Ihe prs-
ferred gdvidends were to be paid out OF the -
earnings of the road. The lexical definition -
net is clear of all charges and deductions-Weo-
ster. That which remains after the deduction ~
oil charges or outlay as net prots-W Orcoster. 2hs
popular acceptance of the term 10 the same' IL tAA
opinion should not be reversed the payments f1em
the Union Pacific Railroad Company. TO the u
Treasury account Of the provision of the 9th ~
ton of the charter of the Union Pacific Company
which requires, after the completion Of the roads
and until the bonds issued in behalf of the Company
are Hquluatcd, tnS payucAs Oh D per cehs " 49,
met earnings into the u. s. Treasury.
are likely to be small for sous
years to come. The further fuctuations
of particular stocks may DO seen in the table bclow
The total transactions of the day were only abost
100000 shares, distributed as follows: Western
Union, $500; Wabash $500; Ohio and Nissssippd.
1890; Union Pacific, 11,4oo; Pacific Mail. 2e1;
rth-West, $500; Lake Shore. 500; and st. Paul.
$500 Tho opening, highest. lowest, and closing
prices Of active stocks sold to-day - follows;
New-York tribune., 1875-02-17
THE METROPOLITAN THEATER PROSECU
TION

TIE JURY IN CAMPBELLS CASE DIsAGREE-A TENA-
CoUs JUROR PREVENTS CONvICTION-EFFoRT
TO THROW THE CASE INTO THE OYER AND TER
MINER.
The case of Martin Campbell, the proprietor
Of the Metropolitan Theater who tried In the Court
Of General Sessions Monday for keeping disorderly
house. resulted yesterday in disagreement OF the jury
and their consequent discharge Tho enaeity OF one
Juror holding against all his fellows through
long night of deberaton has exctod great deal OF
comment among the lawyers VINO attend tho court
When the jurors retired the first ballot stood II to in
favor Of conviction The vote thst of the fore
man, Joseph A. Vose who 1t Is said after discussing
the matter after he had had TO stand the argumen-
tatye attacks Of the remaining II for some time refused
to argue any further and the consequence was that
after remaining together all night the jury came Into
oonrt yeserday morning and declared the impossbiity
Of an agreement. Recorder Hachett accordingly Was
compelled though reluctantly to let them co. remark
ing as discharged them that he was told the previous
evening that they II to then, and had remained
So and thought rather extraordinary The oheias
Of the Court remember Vose as the man who appeared
nc witness for the defense in the of Edward p.
BANNING tried nearly two years ago for embezziDS
money from the propretors OF The Adne, which he had
collected as an advertising agent for them Vosc, who
is advertising agent himself was Obliged 10 undergo
rigorous cross.examinaton by Assistant DlstrictAt-
torney RUSSELL and the jury convicted Banning despite
Voses testimony. -
After the jury had been discharged Mr.. Nolan. the
Assist ant Attorney, moved that Campbell and
the other prisoners connected with the be at
once committed in default of bail, and that the case be
transferred the Court Of Oyer and Ternner that
it might be heard ut without any delay. III 1t was
kept in the present Court they would have to summon
an panel at considerable Inconvenience, while II
transferred ito the Oyer and Termner no such delay
| need occur. The sentiment OF the community was
pretty thoroughly about this master and
| one Of those where the feeling Of community
should be to large extent observed Mr. Howe, coun-
sci for the defense was his feet with prompt OBJ
lection to this, insisting that ii WAS unprecedented
where trial had already taken place In the Court Of
General Sessions The prisoners desired speedy trial.
| but the trihing inconvenience OF summ0nlng new
panel should be allowed 10 stand liz the way OF their
rights committing them 10 prison in default Of
bail IL was nonsenslcal considering that Mr.. Campbell
and the others had attending the Court from daY to
day and were wiling await their trial, aud that the
Objectionable features had been Withdrawn from the
theater.
Recorder Hackett intimated that he did not want TO
this again. bot at preseu would reserve his
decision. He directed the meantime To stand
Committed n default OF BAIL when 40 reduced ~ OO0
and allowed Campbell to 20 and seek it.
New-York tribune., 1875-02-17
A soFT.HEARTED SAILOR ACQUITTED.

John Wesley Mathewin who was third officer
of the steamship Republic Of the White s.ar Line.
put on trial yesterday the Court OF General Sessions
en- a charge of carrying concealed weapons, namely,
some very ugly looking brass-knuckles. Mahewiu. who
Of very respectable appearance, took the stand
in his own defense, and told straightforward story
He said he had taken the knuckles from men who
fighting the SHIP and put them IN his pocket,
intending to report to the captain with them
the next morning, but while shore getting
some article for his wife, he had exhibited them, aud
when the officer arrest him account OF some
wordy quarrel he engaged In, he threw them away
Cor fear OF being disgraced Tue jury believed him.
and acquitted him without leaving their seats aud tho
hardy sailor who had been cruising around on the coast
OF Africa during the Ashantee war; and had experienced
all the hardsbips or seafarlng ie testified his delight
at release after three weeks confinement by crying
ana bowling his thanks he precpitatey left the court
room, wiser man.
New-York tribune., 1875-02-17
THE POWERS OF COURTHOUSE COMMISSIONERS.

THE POWERS OF COURT HOUSE COMMISSIONERS
George Mason sued the city for his wages
as cleaner OF the City Hail. having been employed by
the Courthouse Commissioners Tho answer OF the
city denied that he had rendered any services The
case tried yesterday before Judge j. F. DAILY In the
Court OF Common. Pleas. The counsel for the city
moved to dismiss the complaint on tho ground
Commissioners the sole relation between them
and the city that the city turned over certain
moneys TO bo used by them. They were to employ
servants and pay their employees Judge DAILY oyerruled
this point but the planh put in no proof that he had
done the work. tue audit OF the Board OF super
yisors. Judge DAILY held this not enough. He must
first show services performed, TO give the Supervisors
Jurisdiction. He therefore dismissed the complaint
l. sandford appeared for the plaintiffs d. ]. Dean for
def
New-York tribune., 1875-02-17
MR. BERGHs ATTITUDE TOWARD THE GRAND
JURY.

At the opening of the Court of General Ses-
sioDs yesterday Mr. Gerry pushed rapidly to the Bar
before Recorder Hacke aud stated that 1t was report
ed that the Jury which was DISCHARGED tho pre-
vious day. had made presentmcnt in relation to Henry
Bergh. instructed by Mr. Bergh to appear as his
counsel and the Court that time be fixed when he
might have the opportunity OF presenting TO the Court
certain facts and grave and serious matters aHeetng
had referred.
Recorder Hackctt curtiy answered, Friday, at H."
Mr. said that these statements were TO be present
ed aiavts papers, and he could hardly De pre-
pared by that day they would be somewhat long
Recorder Hackett said briefly " Monday morning
Let your adavts and papers bo served on the Dstrot
Attorney by Friday"
New-York tribune., 1875-02-17
THE COURTS.
INTERPRETATION OF THE REVENUE LAW.
THE GOVERNMENTS VERSION OF SUIT FOR AL
LEGGED OYERPA YMRNr or nIrrY
State Engineer and Surveyor,

INTERPRETATION OF THE REVENUE LAW.
THE GOVERNMENTS VERSION OF SUIT FOR AL
LEGGED ovERPAYMRNT oB DUTY.
In the case of Henry Herman g. Co. against
Collector Arthur action brought recover 10 per
cent of the duty paid imported dry goods, tho
ground that cotton Z" the component material Of
chief value " in the goods. The decided ad-
yersey to the plaintiffs and their of the facts
and circumstances connected with it published in
THE TRIBUNE Of last Saturday To that statement
OF the counsel for the Government makes tho following
reply:
The act Of 1872 provides for reduction Of 10 per cent
in the duties heretofore exacted on certain classes Of
which cotton component material of chief value"
and all manufactures Of WOOL or hair OF the alpaca
GOAT or other like animals" Tie Government claims
that the goods imported by Herman Il Co. were not
entitled to reduction under the first clause quoted as
there was no pretense that cotton was tho material OF
chief value In them. 1t also claimed by the Gov.
ernment that the goods in question could moi be Included
in the second quoted unless they were found to
be made OF WOOL hair Of the alpaca goat or other
like animals and that even II they were composed OF
mixed goods only not taken more than the law re-
Qured, had received much less Tho goods imported
byI Herman Co. Of The kind known as coakingS,
Imitation sealskius, asirachans, etc., ana Tue
claim of the importer has eeen tne1 Una.
these goods nre OF cow or caif halr,
and contain WOOL aud for more than nye years sueh
has been the importers representation In many in,
with declarations OF the manufacturer or his clerk
made sometimes even by proxy-to the enect that 'ne
cow or calf halr and vegetable fiber Is has been the
of the Governments 70 classify the goods IN &C
cordance with declarations and upon them only 80
per cent duty ad vaorem has been collected. NOW the
fact is, shown during tine trial. that the goods
contained wooden material usually 10 the extent OF 81
per cent and they bo made sooy OF COW or
calf HAIR and vegetable hber IL tben ia the case OF
Herman e. whole duty had been assessed, the
goods upon which they claimed reduction OF 10 per
cent would have paid as duty upwards OF $1,000. when
in they paid only about 0C0 because they paid
only So per ad valorem. when they should have
paid additional duty OF 80 cents per pound In other
"a Ou he
less than law required and then wanted reduction
of 10 per cent the amount they did pay.
New-York tribune., 1875-02-17
THE LINEN IMPORTATION SUIT.

The case of the United States against
George Hughes & Co.. in which action was brought to
recover 100000 in gold importatons of linen and
linen thread ut alleged undervauatIon not one OF
Jayne's cases. 1t worked up" in 1873 by the
Seizure of the Custom Tue tral OF TINS
case was resumed Yesterday III the United States DIS
triot Court Jrdge BlatchOrd. The mpOrtatons
in question extend over period or hye years Inc
invoices which accompanied them are very numerous
and tee formal Offering Of them in evidence occupied
the Court during the entire session. There arc many IN
Tlcarc and interesting questions OF law 10 be discussed
IN this case aud some OF them Will PROBABLY arise
to-day.
New-York tribune., 1875-02-17
COURT OF APPEALS.
ALBANY, N. Y, Feb 16-ln the Court Of Appeals

Feb TO, 1910:
The following decisions handed dOwn today:
Judgments afme with eoThe Trustees OF the town OF Bro"f
hsvn at stroug Knapp Htnes uEiOn National Bsnk of
Psbuh Wheeler; act Cdlon Boaman sgt Gail.
nd Hs.es ag ohnssni Reid Resse fisk Rsk Crane
Lemai sg nsth 2 ea.ss Penny .st snp'on
JnIrnen. smrmed -3rlschAIskey agt. The People.
trial grsHd costs abide evsbt-sw-
land at Woodruff Carroll Carroll; Cuhare Tie Sew Yoh
Ceatr. Railroad Company; BOoksver jayne
Jngnen and County Couns reversed ad new trial
ordered abide evenOkes sgt The
NswYorr Ccnra and Hudson River Railroad Company.
Order Term dsmisug appeal reversed with costs SD
bearing order Of General Term
Special ni with costs In the matter OF the
pcou of HRdoa River R,road Com
pany acquire lands &o at Armstrong; same Jones Same
igt Graham.
Motion .ppe. denied with $40 eos.Ths Chspnaa sLe
COMPANY Putcife
Appeal dis ssed without eos,s.-Kfom ast Levy.
APPEAL disnssd with oosta-Arhuf sgL Grsvoh
New-York tribune., 1875-02-17
VALID REVOCATION OF A POWER OF ATTORNEY.
Judge j. f. DAILY in the Court of Common

u. It
Pleas decided yesterday Interesting point raised III
the case of the Pacific Bank against Julius Gershon and
Alfred E. Lagrave, the latter OF which names long aSo
became familiar to the court calendars. The cir
cumstances OF the that L. A. Grill. who had
previously been appointed GershOn his attorney TO
draw checks, drew check for s2sa2 20 the Mechan
les National Bank which Lagrave aferward presented
to the Pacific Bank and got tho money on
Subsequently Grill committed suicide The power
OF attorney was lodged with the Mechanics Bank
When the other bank presented 1t for payment 1t was
refused there not being sufficient funds to meet it, The
defendants we're sued but claimed In defense that the
power Of attorney been revoked GershOn before
the check drawn and Judge DAILY, when the ques
ton came up ~ the yallGty OF the revocation de-
cided that IL valid, though Grill kept 1t In his
pocket, and the banks had notice OF 1t. He said
however that If this was in regular course of bust
ness the bank might sal recover. Tue jury found Tor
the defendants. A. G. Hull. for plaintiff; D. w. Hunt
ington for defendants
New-York tribune., 1875-02-17

IL wA he observed that this statement does not IN
elude the entire expense OF the ne, but only 80 much
A. is properly applicable much or the business as
would be equivalent running four boats tr0ughout
Che entire season. From this statement we learn that
the total expense only sC5 H. or about t per cent
for fuel OIL and waste Inis iact mas az
important bearing upon the question as 10 What e1teb
tie performances OF the Baxter boats can DC improved
upon In the future the probs0ty that Deter
results be realized by other inventors Ile peeu
cannot be materially improved as II 10 limited py ptsi
BAL oonsii0ns and by considerations OF economy itls
not likely that the cost OF boat and machinery can Dc
materially reduced The cost for crews and engineers
New-York tribune., 1875-02-17
S25.732 AT

As is generally well known business upon the canals
during season 1874 was exceedingly dull and 1t
IS scarcely necessary to add that rates uDprece
denteGy low Considering also that the business OF the
Baxter Company was not thoroughly organized and
established, tDat Ii was without the needed terminal
facilities, aDd without facilities at various points along
the canal the necessity for which developed itself very
early season, and that the number or boats
limited and variable TO render II impossible TO guaran
te regular departure OF boats at stated times from
each end OF the line must be conceded that the
sults by this line of boats very highly
isfactOry careful investigation OF these results
yeOps the interesting and important fact that the
Baxter boats have demonstrated, beyond reasonable
doubt their ability not only TO equal but 10 exceed the
of tho engineer of the commission, both to
speed aud economy OF movement Tue following state.
eDt OF penses for tue OF 1874 for average
Of four boats. the entire season. is furnished Ny the
Raxtef Company:
New-York tribune., 1875-02-17
We annex the closing quotations of fore'gu az

The rates for money were unchanged. On caa,
where the collateral offered is Government oords.
the borrower is accommodated at 9, and hypatae-
Gated stocks at 2l93 The best grades OF couasner-
cial paper sell readily at to per cent The Treas
urer received $500 900 National bank notes for re-
dempton.
The following is tho Clearinghouse statement;
Currency exchanges 93O5574 Gold exhanses $3.50 ~
Currency balances. 3,l42.S35 Gold bsasees'. ILaefN
Government bonds have been quiet and after sAs
First Rnard firm narticpatinR in the better prtce q
New-York tribune., 1875-02-17
Government bonds have been quiet. and alter
,old. We annex latest street quOtatiOns !:

In State bonds Missouri plain skies sold at Sss aod
funded bonds at 95i, Virginia consOs being fria ~
57., and Georgia new bonds fetching 92l. The bids
are "a follows:
New-York tribune., 1875-02-17

sxssross-HAcKsrT RecoierfIugh Fitzpatrick. 3D.
ward Martin Mchael GJraaa, orioa assault and battery Henry
smith pedu Herm.u r. Uhlbrgk Leo whkosostr jane, sih,
Patet Eeley James oughain Isaac Newton, Michael Do VIII
ham Kasg grand lreeaJi Hn SaslbssE obscene literature
Mrluaa Wilkinson. petit larceny
orsa AND raHaisER-BARasrr. J-JoAn 0Tsol. homicide
ALBlsr Pcb 6Ths calendar Of the Court Of Appe,ls
fer wednedsJ. Feb IL slsw NOa l33. Ito. llo 100
~ 81. l28. III