davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1875-08-21
4 Detectives Expenses for Bringing an Ex-
tradited Prisoner from California.
IMPORTANT TO STOCK BROKERS.
Interesting Decision as to Wie's
Personal Property.
The Rights CT Infants in Court
OF Equity.
DECISION IN A BANKRUPT CASE.

In the cage OF Detective Walling's bill against the
county for expenses incurred in bringing prisoner
from California 10 this city decision embracing a very
Important point given yesterday by Judge Sper
holding special Of the Superior Court. The fol-
lowing is the opnion:-
The plaintiff employed by the District Attorney
Stale upon the Governor of the State Of California for
the eytadtion OF two fugitive criminals The District
Attorney approved the bill as justly due, which
amounted 10 $903 ~ The bill presented 10 the
Comptroller for payment and refused on the ground
that under the Law the District Attorney might recover
the amount claimed charge against the county, but
that his empioye could not. With some hesitation,
think the demurrer should be upheld The relation of
employer and enpOye does not exist between the
plaintiff and defeudant-no privity OF contract be-
tween them. When the statute under both
subdivisions Of the third sccton n, speaks
of ''eXpepses necessarily incurred" and ''moneys
necessarily expended, by the District
Attorney any county officer II clearly contempates
that the county shall have the sanction Of the officials
oath as 10 what constitutes tho necessity OF the
lay. If this PLAINTIFF has cause of action it ar1se
by ordinary contract between him and defendants, and
he would not be called upon to prove the necessity OF
the services performed by him. 1t would be enough
that they performed. The city would be forced to
pay any charge made by any person other than its
Official officers, and consequently without the checks
ana safeguards conto omplsted by the law. The remedy
is against the District Attorney whose duty II Is
think 70 recover himself against the city by taking the
necessary steps and furnishing the necessary evidence
under the statute Judgment for defendants.
The New York herald., 1875-08-21
BROOKLYN.

George W. Arthur, who claims TO have been Illegally
arrested on charge OF cmbezzement was honorably
discharged by Justice Delmar yesterday.
The smallpox is spreading to alarming extent in
the Sixteenth ward Eastern district and the Sanitary
Inspectors exertng themselves to stay its advance
United States Commissioner wnsow yesterday COM
mtted William Fresh, Of Nos and IL Bergen street
await examination charge OF keeping Illicit still
Several storekecpers on Myrtle avenue were imposed
By tail, slim Thursday evening, who made
small purchases aud then paid them in spurious dny
cent currency
John Mooney and Dennis Fitzsimmons taken
into custody BY Detective Roche yesterday for stealing
$73 from the pocket of Edward Griffin of President
street near Fifth avenue. They were arraigned before
Justice Walsh and committed 70 await examination
Charles H. Lewens of No 2Os East Thirty fifth street.
New York. caused the arrest of Peter Runewall, pro-
prictor of hotel the Concy Island road charge
of stealing $3.50 from him tho 10th of May last The
was partly examined before Justice Walsh yeser
day and adjourned for a week
The Excise Commissioners yesterday met and consid'
cred the grievances OF the Temperance Association
which was represented by Mr. Hail. who gave formal
notice of their intention hereafter to move to ask for
the revocation OF licenses whenever IL was proved that
liquor had been sold TO minors or drunkards.
portion Of the bulkhead at Martins stores, about
200 feet long by 40 feet in width, sunk on Thursday
evening The decay of the woodwork and the weight
Of the earth the primary cause Of the accident
Incre no merchandise on uOck NJ tnc time III
broke down The cost OF bulkhead will be about
$40 000
Justice Walsh yesterday rendered his decision in the
OF the lawyer, John Percy who charged with
forging signatures to aidayits presented before the
Supreme Court He is hold to await the acton Of the
Grand Jury. The prisoner was removed TO the jail
Mr. Percy born in Washington county, in this
State in 1903.
Tho Mayor was yesterday notified by the Deputy
Sheriff that the Cowcnhoven heirs demanded the sum
of So 027 81 from the city that being the amount Of
judgment awarded by the Court for the part Of Atlantic
avenue seized the day before His Honor supposed the
money must be paid but IL must first so through the
COmptroller's hands
The police have been notified Of the mysterious dis
appearance Of young man named William Rowlinson,
years of age who has been missing from his
home No 1876 North Ninth street since last Saturday.
He steady and indus trous in his habits and his alb
from homo has created fears OF disaster in the
minds of bis relatives.
James Wynne was examined on charge Of cutting
Patrolman O'Keefe the neck with razor, the
night Of August s. at his residence No 713 Dean street
before Justice Walsh yesterday. He suspected the
officer Of improper intimacy with Mrs. Wynno but there
was evidence to sustain that hypothesis. Wynne
held to await the action of the Grand Jury.
The New York herald., 1875-08-21
IMPORTANT DECISION FOR JERSEY
CITY.

For several years the southern portion OF Washington
street. Jersey City mas been blocked up by sugac
lning rm and all attempts TO continue the street 10
tho Central Railroad have been frustrated by njunc-
tons obtained at the instance Of said company few
weeks ago an Indignation meeting held
in Kepcr Hall in which resolutions wore
adopted protesting against the prctcnsions OF Tho
said 6rm TO obstruct tho highway Mr. Lewis, Cor
poration Counsel notified yesterday that Chancel-
or RunyOn has rendered decision dissolvng the in-
junction obtained by tue sugar rcdners The right Of
the city to continue the and complete the bridge
over the Morris Canal Is thereby affirmed Washington
street Is important highway OF Jersey City and
will open I'D to tho citizens railroad communication 70
several thriving districts In the State which could bo
only reached hitherto by crossing TO New York aud
tax ING the Liberty street ferry.
The New York herald., 1875-08-21
MARINE CoURT--CHAMBERs
Before Judge Joachimsen.
TOMBS POLICE COURT.
Before Judge Duffy.
A MERIToRIoUs 6FTIcRR.

Yesterday morning Detective Dorey, OF the Sixth
precinct standing the corner Of Broadway and
Reade street, when he spotted two noted thieves
passing him by. One OF them bad spring overcoat
thrown over his and the other smoked Flor del
Fumar and sported plug hat. The detective imme-
diatey thought they for business and followed
them up Broadway. They entered No 73l, wholesale
crOckry and cutlery store and under petcnce of buy
ing knives, &c Of them succeeded in conceal
ing in largo pocket in the inside OF his coat used by
shoplifters and commonly known swag pocket
a number of silverplated tablo knives. The detective
watched them until they came out, and then asked
them what they had been doing They said they had
been trying to negotiate the purchase OF spoons
OTIS too thin, said the willy detective he took the
two back TO the store and there searching them found
thoir persons $50 worth of ivory handled silver
plated knives He at took them into custody, and
in the afternoon they taken before Justice Duffy
and held for trial at the General Sessions.
Justice Duty conplimented Oncer Dorey the tact
and vigilance no displayed in making the arrests The
property was fully identified.
The New York herald., 1875-08-21
WASHINGTON PLACE POLICE COURT
A DAYLIGHT BURGLARY.

A DAYLIGHT BURGLARY.
William Johnson twenty-five years OF age OF No
134 East Fourteenth street arragned before Judge
Bxby yesterday on a charge Of burglary. On Thurs.
day afternoon Detective Kccly, of the Detective
once, noticed johnson and another man, whose
name is unknown, acting in very
pcious manner in Twenty fourth street,
Sixth avenue. He followed them from there 10 Fifteth
street and between those points they entered into the
easements OF several private houses. Sometimes John
son would 60 in and tho unknown man would remain
watching outside and at other times the unknown
would go ~ while johnson remained watching outside
At last they arrived in front Of the residence OF
Mr.. Augustus Paine, No 81 West Fifticth street and
the detective tho unknown man 20 into the base
ment, and after waiting short time saw that he did
not come out again. The officer crossed the street
10 the house mentioned took Johnson into
custody and on examination found the basement
door open and the rear shutters burst open,
whereby the other man had made his escape
taken With him about $3.50 worth OF silver, consist
ing Of mugs, napkin rings, knives, spoons, &c Mrs
Ellen Dcvno Mr. Paincs housckcepcr testified that
the basement door was securely fastened half hour
previous 10 the time Of the burglary Judge Bxby held
the prisoner Johnson in 1000 bail to answer.
TOO MUCH CONFIDENCE
on the 10th OF August, Henry A. Bowen broker,
who says he resides the ST. James Hotel, went into
the Office Of the Brewer House and told Mr. Samuel D.
Feler that he wished 10 pay 80 that lac owed there
and rendered draft, which read as follows
NEW YoEE, August a, 1873.
HENRY A BOWEN
Mr. Fcter who had some acquaintance with Bowen,
took the draft and gave him SIS IN change. When "
presented 70 Mr. Hawkins the following day that
gentleman said he had knowledge Of MI Bowen
whatsoevcr warrant was procured, and on Thursday
night officer Of the court squad arrested Bowen q
Broadway. He was committed in $500 bail 10 answer
ALLEGED EMBEZZLEMENT.
George W. Dhman was arraIsned a charge Of en-
bezzcmcnt preferred by James Casey furniture dealer
OF No jG4 Tenth avenue Ditmon who has been in the
employment Of Casey for the last eight months H.
csod Of collecting about 500 and retaining a. and also
O obtaining furniture on credit from bis employer and
selling II for his own benefit Dlman, who had made
preparations TO leave the city arrested In the Cen
trsl Park on Thursday night lie held in $500 bail
10 answer
LARCENY FROM THE PERSON.
Cstharas Brown was arrested by 0mcOr Gawlor Of
The New York herald., 1875-08-21

tions have other claims against the premises for work
and material furnished and done upon the said building
and are entitled 10 come in joint plaintiffs and avail
themselves OF the benefits Of any judgment which may
be rendered in the action Injunction is asked for
restraining the defendants from conveying or mort
gagng the premises and collecting the rents and that
receiver be appointed and that the defendants
with the plaintiff and other claimants, and that the
interests Of all the defendants be charged with the pay
ment OF the claims and that the real estate be sold
under direction Of this Court, and that the
shares of the defendants be appropriated to
the payments Of the aforesaid claims. concluding
with prayer for other and general relief Tho dc
murrers nterposcd upon the ground that three in
fanls children of Mary Frazier and deysees under the
viii are now living and should be made parties de.
fendant IL is quito clear think that these infant
children Of the trustee and his wife should be made
parties TO this action BY the will Of John Gordon, tho
common source Of title, the trustee rs expressly au
thorized after the death of tesators daughter who
takes life estate, to apply the net rents issued and
profs OF both the real aud personal estate 10 the
education and support OF her children until they arrive
at the age OF twenty years when the trustee by the
terms OF his trust must convey an the rea ana per
sona estate tho said children share and share alike
These infant children not charged with the unauthOr
lied and fraudulent acts of the defendant nor could
they be, aud admitting that their vested estate MS re-
fee could be touched by the alleged con
by the parties charged cannot be contended that
the provision made their support and education dur
ing infancy should be put into the hands OF receiver
without being represented The question is not because
they liable therefore claim can be made against
them contended by plaintiffs counsel But the qnes
ton ~ their rights ana interests bens nxed oy heir
bcnefactOr under his esamcntary act those rights
be interlcrcd with by court of equity
without bringing them before the Courts The bare at
tempt by parties who in fact the natural guardians
well their nearest blood relations to diycs infants
OF their estae furnishes the best reasons for calling
them before a court Of equity when an appeal is made
TO apply remedy for great wrong Ii is not pos
sible to know what judgment may be finally made,
whether the property shall be ordered to be sold
prayed for in order TO adjust the several interests of
all concerned assuming that the plaintiff shall succeed
think that complete determination of this contro-
versy be had unless these children be brought in.
The defendants must have judgment on their demurrer
The New York herald., 1875-08-21
THE WATER SUPPLY.

COMMISSIONER PoRTER's REPLY TO ALDERMAN
vANcE's RESOLUTION TO DE PREPARED In
FEW DAYS.
General Porter will in a few days have full report
made Of all the facts concerning the Croon water pipes
aqucduct &c, required by the resolution offered by
Alderman Vance in the Board Of Aldermen on Thurs
day last He says the information Is easy to be got a
and no difficulty will be experienced by his departments
In giving the fullest kind OF information relating 10 the
Croon Watcr Works, the supply &C. In speaking Of The
action OF the Aldermen In passing tho resolution.
Assistant Engineer Campbell, who Is now acting Chioe
Engineer during Mr. Tracys ilncss yesterday SAID thai
The lower dan In Weschestor county moi storage
CONTINUED ON NINTH PAGE.l
The New York herald., 1875-08-21
DECISIONS.
SUPREME CoURT-CHAMBERs.

By Judge Tappen
Fuller vs. Newcomb.-Mr James Is not satisfactory
Mr.. Fuller is not satisfactory. Five days allowed for
other surees.
sutton VS. Kittredge ct al-The judgment or order
does not name any specific sum The defendant is en-
titled TO have accounting in this action, and it is so
ordered Motion for contempt denied.
Dudley W. The Mutual Benefit Ice Company, &c-I
do not think defendants title to the stock impcached
Motion denied
Ward vs. Newman.-The suretics not satisfactory.
Weeizen vs. The ST. Paul and Pacific Railroad Com
panylt does not appear that the trustees arc neces
sary parties Motion denied; so costs.
La Ban W.. Aldcn.-The injunction will be continued
on plaintiff depostng $3.50 in court, to abide event,
in five days; otherwise denied.
Austin vs.. Blauyelt.-Moton granted; so costs TO
abide event
Kidd vs. McKenna.- Motion granted.
In the matter Of Willis.-rhis case sent back for
proof as TO whether the whole or part Of sidewalk was
Jagged
Hyman W. Abrabams Motion granted terms will
be fixed on settlement OF order
Hieronymus Ehart Rosina Ehart-Report Of
referee confirmed and decree OF divorce granted from
bed and board.
SUPERIOR COURT SPECIAL TERM.
By Judge Spier.
walling VS.. The Mayor, &c-judgmcnt for defendant
Sec memorandum.
Crosby W. watts-Judgment for plaintiff See
opinion.
Roberts VS. White ct al-see memorandum for coun-
Miller. receiver &c, VS. HaIl-Judgment for plain
tiff. with costs. See opinion
Mcdonald ct al VS. Frazee ct a.-Judgmcnt for de-
fendant on their demurrers. See opinion
MARINE coURT-CHAMBERs
Before Judge Joachmsen.
Cromwell and others Stamper and others.-Thls
action is not the note but the original considera
ton II is ayerred and admitted that the has not
been paid. / hold this TO be q frivolous
and to be sham. Motion granted, with $40 costs.
Phippany Petry.-An action for board, &c, in q
disordery house cannot be maintained The motion is
granted with $40 costs.
Small vs. Naturalization vacatng and setting aside
warrant Of arrest with $40 costs to defendant granted
and order signed
Maxwell vs. small-Motion to yacate order Of arrest
denied Order signed
Carter Beekmsn.-Order TO place calendar &C,
signed
Birch vs Flewellin-0rder OF substitution, &c.
Winters W. Navin-0rder of reference.
Heylnan NsYorazky.-0 denying motion.
The New York herald., 1875-08-21
NEW YORK CITY.

Mad dogs we're killed by the police yesterday at NO
Il Moore street and No 32l West Twenty FIRST street
John Rob, child Of nine years Of age living at NO.
Al Marion street. fell from the roof OF his residence to
the yard md received fatal injuries He was flying
kite at the tiuIe he fell
Louis Diehl, indicted for grand larceny by the Grand
Jury OF the Court of Sessions in the alleged swindng Of
Ohio merchants out Of large quantity Of grain was
yesterday admitted to bail on giving bonds u the amount
Of S., 900
Mary Falon, 1iteen years OF age, residing at No 92
Chryste street. was run yesterday by wagon be-
longing to II. Eggcrt Of No 80 Norfolk street the
corner of Grand and Ludlow, and severely injured
about The head
The New York herald., 1875-08-21
SUMMARY OF LAW CASES.

Judgment was entered yesterday in favor OF the
Fourth National Bank against the Burlington, Cedar
Rapids and Minnesota Railroad Company for $163 o.
on eleven notes.
G. b. Heseman, cigar dealer, charged with selling
cigars without having paid the United States special
WAS brought before United States Commissioner Still
we'll yesterday and subsequently discharged, having
paid the penalty and special tax
Louis Braun retail liquor dealer, charged before the
Commissioner with violating the Internal Revenue
law discharged on his own recoguzance to appear
for examination.
David Lubhcrgcr retailer OF liquors and cigars,
charged with similar offence. discharged on his
own recognzance 10 appear for examination.
The New York herald., 1875-08-21
A GOOD APPOINTMENT.

Judge Nixon, ofthe United states District Court New
Jersey bss appointed Mr. William BolYile son Of the
late Captain Robert Beyllc to tho position Of clerk
OF that court, which filled by bis fnthor for mum.
Der Of years up 10 the time Of bis dcccaso Mr. Delye
Ia young gentleman Of ln0 attauments and pralu.
ale Of Princeton College. The appointment has given
pnlYersal satisfaction throughout New JorsoY.
The New York herald., 1875-08-21

to New York Sunday, August IS, 1875 and was found
at the Atlantic Basin on August 10 and the jury
the owners lessccs Of the steamboat william
Cook for their reckless disregard of human o IN LOAD
Lg their boat beyond her capacity and also for not
providing for the better security of passengers in he
event Of accident
The New York herald., 1875-08-21

the Eighth precinct yesterday charged with stealing
$23 from Rose Clark Of No ls3 Varick street When
arrested part OF the money found 10 her possession
She committed In $500 bail 10 answer
The New York herald., 1875-08-21
ESSEX MARKET POLICE COURT.
Before Judge Smith.
RFCKIFSS DRIVING.

RECKLESS DRIVING.
Yesterday afternoon George Yetter, OF No. l5l Cln
ton street was driving rapidly through Grand street.
and when near Ludlow his horse and wagon ran
over girl named Mary Faon aged thirteen, residing
at No 90 Chryse street The little girl severely
injured about the body and removed to Bellevue
Hospital NeIer arrested and was held by Judge
Smith 10 await the result Of the injuries.
BRUTAL ASSAULT.
About eleven O'Clock Thursday night two men,
named James Mcclure of East Thirteenth street and
James Owens Of No 162 First avenue, became involved
quarrel the Of Essex and Houston streets
During the racas Mciuire struck Owens the head
with sand club laying open the scalp, and probably
fracturng the skull While Owens lying the
ground nsensible Mcclure kicked him about the face
and body and did not cease his brutal work till taken into
custody by Ocer Hickey, of the Seventeenth precinct
The wounded man conveyed to Bellevue Hospital
and Mcclure was committed by Judge Smith yesterday to
await the result of Owens injuries and also held in
81, 900 bail to answer charge Of carrying concealed
weapons.
The New York herald., 1875-08-21
INFANTS IN A COURT OF EQUITY

decision involving quite an important question
rendered yesterday by Judge spcr in Special Term or
the Superior Court The suit that Of Mcdonald vs.
Frazier and others and tie following is the opuon:
Two demurTeTs inUTposcd for account Of parties
The complaint - N equity and sets up that John Cor.
don being seized OF certain real and personal estate by
his will gave IN trust the income thereof 70 his daughter
tho defendant Mary Frazier the wife Of FitZ-
gerald Frazer, the trustee during her life
and at hor death TO apply the net rents
and income 70 tho education and support
OF her children until they should the age Of
twenty one ycara when the should be given and
equally divided among all her children lthcn charges
that ell tho defendants named ia the complaint
bned together 10 change the title to said real estate aud
by certain proceedings taken by them under color Of
law and otherwise rauduently and against the express
letter aud spirit Of said will and without any power did
make and convey the said real estate IN fee to The said
Mary Frazier who claims 10 be seized Of the
same By record title and In possesson that after
ward the plaintiff without any knowledge oi tho aore
sad proceedings Of the defendants believing The title
10 be In therein entered into contract with tho de-
PENDANTS Fitzgerald FRAZIER and wife, 70 improve tho
said real estate and did improve the same with tho
assent and concurrence Of the other defendants by the
erection Of building thereon, and that there s justly
due 10 the psinun for work, labor and material the
sum Of &i2Oos which the defendant refused to pay,
after demand made That at the time Of the deccasc OF
the said Gordon the real estate was worth k9Ooo ana
that the samo Is worth since the Improvement
the sa Of $4,000 and that other persons " CORPORA
The New York herald., 1875-08-21
FELoNIoUs ASSAULT.

Thomas Madden, of No 32l East Ninth street, who
arrested Thursday night for cloniously assaung
Albert Kelly, of No 14l Avenue c. sarraigncd before
Judge Smith yesterday, and committed TO await the
result of injuries
The New York herald., 1875-08-21

buildings is valued at 81, 900 OOo Captain Cushing,
formerly OF the celebrated clipper ship Drcadnangh Is
one OF The inmates OF tho institution
The New York herald., 1875-08-21
FLOATING HOSPITAL.

The following additional contributions have been re-
ceivod in aid Of the excursion fund for destitute sick
children