davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-03-04
AN ATTORNEYS IMMUNITIEs.

An interesting and important litigation sum-
mariy terminated yesterday by Judge Van Brunt, of
the Court OF Common Pleas. An action Was brought
by A. u. lie Feyre against stephen W. kellogg to re-
cover sl4 GOO and four years. interest claim ars-
Ing under somewhat peculiar circumstances but which
claim the defendant denied. IL appears that Mr.. lie
Fcvro owned properly IN Connecticut, which certain
creditors attached Mr. kollogg acting their attor-
ney. Mr.. lie levio transferred the property TO his
brother who claimed TO u, save the prop
erty lie Fcvrc agreed TO aid Kellogg obtain IL for
the creditors u they would divide with him. Judg-
ments we're issued aud the property sold for $50 600
lie Feyre claimed that the division had been made
As agreed upon and sued Kellogg for the alleged bal
ance. Following the opening for the plaintiff by Mr.
Baiomdn the defendant's counsel, Mr.. Arnoux moved
10 dismiss the complaint the ground that an action
would not lie against attorney BY the de-
cndaut in suit for his conduct of the action that he
vas the plant ns agent and not principal The mo-
ton granted and complaint dismissed.
The New York herald., 1876-03-04
LONG ISLAND RAILROADS.

Tho concentration OF the management OF the exist
ing railroads Of Long Island into company has had
the effect OF revivng interest in certain other IRAN
chlses already granted by the Legislature One Of
these authorizes the construction of road from the
mouth Of Bushwick Creek at the foot Of North Thr-
teenth street. Williamsburg, 10 Glendale on the lne
Of the present Southern road to be known as the
Glendale Railroad and another from Rich
mond Hill, the next station on the Southern
road touching at Jamaica, passing through cut In
the hiils north Of that village and sKirtng
the north shore OF Long Island TO Orient touching
all the sound shore villages on the route, to be known
as the North shore Railroad OF Long sand There IS
talk now OF a consolidation OF these franchises and the
immediate construction Of the road, with branch
from Jamaica TO the South ferry by means OF sunken
track from the junction OF Atlantic aud Flatbush ave
nues and running through the old tunnel In Atlantic
street Eastward for the presents II Is contemplated
10 construct the road only as far as Huntington hut
eventually along the entira north shore
The New York herald., 1876-03-04
A HEAVY RAILROAD SUIT

There TO be no end to suits against railroad
poratonS The last in the list that is brought by John
f. Gowan and Danei y. Davenport against the Chicago
and Western Construction Company OF Illinois and the
Chicago, Mlliugton and Western Railroad Company.
The latter n his affidavit alleges that the 2ls Of
September 1875, he entered into n written contract
with The Chicago AMI Western Construction Company
for building, constructing and cquipping the Chicago,
Mlington AMI Western RailrOad that payment Tor the
work was gwarantecd by the railroad company that lac
performed hts part OF the contract and that the other
contracting parties have failed 10 carry out their portion
ot the stipulation. Suit has accordingly been brought
and payment asked Tor Of 500 900 against the two
companies named. The aidavit further forth that
both companies are foreign corporations aud applca-
ton was made yesterday TO Judge Donohuc, OF the
supreme Court for auachmcnt against the bonds of
the railroad company in this city Ca the affidavit
referred and that OF Mr. Francis O. Frank agent Of
McCuloch Co. BANKERS, m London, the application
was granted. long AID lively litigation Is likely TO
follow this important initatory step IN the suit
The New York herald., 1876-03-04
CORRECTING A POLICE REPORT.

NEW YORK, March 3, 1870
To THE EDITOR oP THR HERALD
You had in your valuable paper Of yesterday arti-
clio headed, Unparalleled noartlcssness,m stating,
among other things that Mr. Gutenberg, No III
Henry street. refused every assistance TO Mary Mitchell
during her unsuspeccd confinement at ms house.
The following the facts, told by Mr. Gotten
berg, Mary Mitchell and MIS-. Brennan, who reside in
the same house. and also my testimony Mary
Mitchell who has been but six weeks service with
Mr.. Gottenbcre, denied being enceinte, but taken
with labor pains about five O'Clock p. NJ the Goth
ulL Mr.. Gottcnberg applied at the police station to
have her transferred to the hospital He returned in
company with policeman. Her condition was very
bad. M Gutenberg then called al three different
physicians Offices, all OF whom out at the time
AS last resort Or. Powell, police surgeon, sent
for. In the interim the child was born. Warm water
not refused by Mr.. Gottepberg For convenience
sake Mrs Brennan forwarded the water the girl being
on the third floor, Mrs. Brennan the second and
Mr. Gottcnberg's family in the basement at the time
At seven O'Clock p NJ. called and found Mary Mitchell
and the child "a little girl lying in comfortable bed
with every necessary article for her comfort. The
room was dry and warm. ! again called yes
terday and to-day at the same premises and
found mother and child doing very well. IL Is very
strange that you should have been informed that Mary
Mitchell in precarious state and had been re-
moved to the hospital
DR.. s CALLMAN, No so Rivington street
The New York herald., 1876-03-04
BUSINESS TROUBLES.

Messrs Samuel shethar aud Martin Bates, OF tie
committee OF creditors appointed TO examine into the
AFFAIRS OF Henry ". Silvcrman, manufacturer % furs
and caps, OF No. 554 Broadway who suspended Wed
ncsday. have found that tho liabilities amount to
about $240 600 and the assets estimated $780, OOO
They believe they will be able to pay thirty or iorty
cents on the dollar.
meeting OF the creditors Of Fairfield Trask, but
ter dealers OF No 100 Chambers street. who made an
assignment three months ago TO N. Folsom will be-
held on the 10th inst before Register Fitch at No 345
Broadway prove their debts and elect assignee
Luckey $12, OS3; Butler, Evans Co, $3.50 35:
New York National Exchange Bank, 81 $50 rs; O. r.
Tretzen, SO. 1872; Merchants Exchange National Bank
IS 5OO Havemeyer Brothers, IS 46l; Pacific National
Bank OF Council Blus So 600 Importers and Tradersi
National Bank, 81, $50; Delamater, Cummings wnser
$4,23l Martin Brother, t3,54A The liabilities
amount 10 $50, 900 and the assets to $4,000
The firm OF Drake Colby, grain merchants al No
66 Pearl street, has been adndgcd bankrupt on the pe
Sol, 000 The following the principal pctitioning
creditors Robert Craig Co, $19, $50; Brown Broth
ers, $1,000; Bell Smithers, g., O63 10: Harper K
Goodby, ST,o79 40; Merchants Bank OF Canada.
so,el2 3oi Corn Exchange Bank, $4,000; NJ Morgans
Sons, So 096 90
Mr. Samuel shelhar, the assignee OF WISE Co.,
straw goods, ONO 53I Broadway, who failed last Juno
with liabilities amounting TO over 1900 600 expects
10 pay the first dividend amounting 10 ten per cent
during the present month
Tne continuation OF the examination Of Henry stein,
, CONTINUED ON NINTH PAGE.l
The New York herald., 1876-03-04
A CONFIDENCE MAN m CUSTODY
DEcoY TRICK THAT CAUGHT NOTED SWIM
DLKR.

A DECOf THICK THAT CAUGHT A NOTED SWIM
DLKR.
The notorious confidence operator, George W.
Maxwell, alias Matseil, Jr. Pllsbury, Davis or
Howard, turned up again in his old role OF
swindler at the Tombs Police Court yesterday after
noon. He had tho same easy, selfcontained manner
that he exhibited former occasions Since his re-
lease from the Penitentiary few weeks ago, where
he had been sent for term OF eighteen months by
Recorder hackett he has been pursuing his quondam
game His latest victim Mrs Lee OF No 30 Waver-
ley place He called upon this lady the 22d of Feb
ruary, said his Davis and told her that her
son, Hawthorn, who held In the Tombs on a
charge Of abandonment could be released through his
exertons that his wife relative of his (Davis)
wife and that upon presentation OF the facts to Judge
Lawrence young Hawthorn would be given his liberty
Upon these representations Mrs Lee called boarder OF
hers named Philip Stoner whom she requested TO
company the so-called Davis whittier he wanted to CO.
The latter took Soner to the Court House. but there
being court they went thence TO judge Lawrence's
chambers, which Davis entered alone and after asking
some trivial questions emerged with order for the
discharge of Hawthorn with Judge Lawrences name
signed thereto He represented that this had cost him
SIS and succeeded in getting $l2 from the unsus-
pectng Stoner Detective Fields caused be published
In an evening paper OF Thursday decoy
abandonment OF young man, giving the ad-
dress OF his people No Varck street He thought
DAVIS would snap at the bait and he was right De-
tectives 0'Connor and Fields repaired the locality
early yesterday and posting themselves in the drug
opposite, mad the satisfaction of seeing their
approach about halfpast twelve 7. NJ, and while he
inquring for some supposed relatives the detec-
tves approached and took him into custody. He was
taken TO the District Attorneys Office whence he
before Justice Bixby, who upon affidavit made
out against him, held him in 81 500 bail to answer.
Davis Is the young man who some time ago attempted
to swndle Captain Williams, of the Fourth precinct by
representing himself as the son of exSuperintendent
Matsell and was arrested.
The New York herald., 1876-03-04
FIFTY-SEyENTH STREET COURT.
Before Judge Murray
VIOLATIONS OF the EXCISE LAW.

VIOLATIONS OF THE EXCISE LAW
Francis Barmin, No sol Third avenue; Jeremiah
Murphy No go Second avenue; Thomas W. Valentine,
No $40 Third avenue; II. J. Pooon No 500 Third ave-
nue.; Michael OBricn, No 724 Second avenue; Patrick
Kinney, No 745 Second avenue; Frank Lutte No
24l East Twenty eighth street; Richard Wiley No 6l7
First avenue; Christopher Lynch No. 2i7
East Twenty eighth street; Edward Chapman No SOL
First avenue; Joseph Kcrns, No. ASS THIRD avenue;
Peter Brady, No 535 Third Avenue, and Hugh f. Far
re No. 663 Second avenue were arraigned charged
with violations OF the Excise law Two officers of the
Excise Board made the complaints, and IN all cases
sworc 10 having bought and drunk liquor for tho sale
OF which the prisoners could show no liccuse The
prisoners had been locked up night the Twenty
FIRST precinct station house. and consequently felt that
great injustice had been done them They gave ex-
preston 10 their feeling In court but Judge Murray
said that he and his colleagues having already cx-
pressed their dsaprroOalon OF the injustice they com
planned OF he rowcrless TO aford them any salts
faction The prisoners having also complained Of be-
ing locked up in the prisoners boz 10 await their turn
al the bar the Court gave orders 70 provide suh prs
oncrs with room TO themselves iuture The pris-
oners were held each IN $l0o ball. with the exception
OF footon, who was discharged, 1t having appeared
that twas from his tarkeeper the officer had purchased
liquor All Mr. Murphy had to say In his defence was
that Otcer Wendover had paid him ten cents but had
drunk twenty-five cents worth
PoLIcEMANs AssAILANr.
Edward Mcshanray, No. 4o2 West Forty eighth
-'----'. was arrasned charse Of being implicated
The New York herald., 1876-03-04
AN INTELLIGENT JUROR.

All sorts Of people nd their way into the jury boxes
Shrewd lawyers however land very few there who
do occasions 10 this species OF legal
egy), very proiuse in compmentng juries upon
their superior intelligence, and generally the OBJ
tuse, evidently, the jury, the profuse these
complimentary phrases. Everybody has heard Of the
juror who understood the before him thoroughly
except the meaning Of the words plaintiff and defend
ant, and this juror, too, being the upon whose
looks OF undoubted intelligence chief reliance was based
for just and equitable verdict of one of these
intelligent jurors cropped out rather amusingy the
conclusion OF trial which has been in progress for
several days before Judge Van Hoosen holding of
the trial terms of the Court OF Common Pleas The suit
one brought by B. H. Frank Son against the
Commercial Fire Insurance Company being ono OF six
similar suits against various insurance companies to
$40, 0O0 los ready made clothing de-
sroyed by fire on January o. 1874, at No ID Leonard
street.
''How say YOU gentlemen Of the jury, have you
agreed upon verdictf" the jury were asked on re-
entering the court, after having been absent some two
hours for deberation
"we hava," answered the foreman. "We find for
81 $50 for the planth"
II desire the jury to be poed" asked one OF the
counsel, which accordingly done, each juror TO the
question whether the verdict was his giving the usual
affirmative nod
81 would like, if Your Honor please, extra allow
few minutes discussion, during which time the Jurors
remained in their seats
''Gentemen Of the jury,n said Judge Van Hoesen,
ou discharged with the thanks of the Court for
the faithful manner in which you have discharged your
dutes.n
~ would like to ask question:" said the sixth
juror, rising slowly and solemnly to his feet
Certainly" answered tho Judge, with that marked
potenoss which seems TO be innate with him.
81 would like to know" asked the juror, "the
amount OF the verdctn
"That question comes rather late" responded the
Judge who with evident difficulty restrained latent
smile In his sleeve at tho sngularty Of the interroga
tory.
The successful lawyer came to the rescue and gave
the inquirng juror the information solicited at which
the juror evidently very much pleased and amid
the suppressed smiles of those In the court room,
took up his coat and hat and moved away with all the
gravity Of a Spanish hdalgo
The New York herald., 1876-03-04
THE Waikiki BANK DEFALCA-
TION.

The interesting revelations connection with the
management and managers OF the Waikiki National
Bank continue the examination into Us afsirs, be-
fore Register John W. Little No. Warren street, pro.
crosses.
II has been shown that quite large number OF per-
sons deposited bonds the bank for safe keeping and
at the time the bank failed all OF the bonds amounting
in the aggregate TO about 100000 had disappeared.
Dummies to the extent OF over sl0O 600 were found.
The Original capital ana surplus Of the bank the
that Graham was made President were 500, OO0
but all the money, security, bonds &c, that we're
found by the examiners after the failure amounted 10
less than 500, large part OF which mutilated
currency This represented all the funds that the bank
possessed When Graham assumed the Presidency of
the bank he did so with the understanding that the
capital should be increased The capital had all been
II seems that Alfred slawson, the teller several
times iouced tho discrepancies and irregularities which
occurred the books, and oflen called the atten
ton of the President and cashier to them Graham
and Horton, the cashier did not like TO be thus
fercd with in their schemes and one day Horton in
formed Slawsons mother that her "a very good
boy, but il he wanted to retain his place ho must do
he tod, and not NEEDLE in matters that did not
concern him" Aner that, through fear Of losing his
situation, Slawson kept his mouth closed in relation
affairs connected with ''0ad bookkeeping"
The evidence shows that Graham a habitual
poker player and whenever he lost in any
his debt by bank draft on New
York correspondent Of the Waikiki National
Bank signing IL president" No charge was
at any time made against his the books of
the bank, however. This shows what complete power
he had in the control Of the books and what perfect
con lldence the directors had in him. when Graham
was State Senator he secured for New York politician
the position Of Harbor Master Of New York This was
done with the proviso that the person for whom he
obtained the appointment should pay him half OF all
his fees The Harbor Master performed his agreement
faithfully during the time that he held the appoint
men and when he went out Of Office Graham attempted
to iorce him continue to pay the monthly stipend
The examination will be continued next week.
The New York herald., 1876-03-04
SUMMARY OF LAW CASES.

Judge Lawrence yesterday granted an Injunction re-
strainng any further theatrical performances the
Chateau Mabile Varieties, in Thirtyfourth street. un
til after payment of their license fee The Globe Mu
tual Life Insurance Company is named as one Of the
defendants
In Supreme Court, Circuit, before Judge Donohue
yesterday Edward c. Genet obtained verdict for
s622 SO for five months services officer Of the
Court of Common Pleas The defence was that he was
appointed by Comptroller Connolly, without proper au-
thority; that he was not recognized by any of the
judges officer of the Court and that he did not
perform the services. satisfactory case however,
bsvng been made out for the plaintiff Judge Donohue
directed verdict Tor the amount stated.
In the Of John G. Breen recently arrested under
the name of James j. Green, the facts Of which have
been published in the HERALD Judge Lawrence ycster.
day dismissed the writ of habeas corpus and remanded
the prisoner to Jail He held that the petitioner hav
ing appeared the action under which the warrant Of
arrest was issued and having failed then to take ad
vantage of misnomer, cannot now attack the Judg-
ment nor the final process issued under it.
Judge Robinson of the Court OF Common Pleas
decided yesterday IN the SUIT of Edward D. James
against john J. Burshell that Judge his OF ofice
having expired cannot subsequently remedy failure
in completing decision In case heard before him. IL
appears that Judge Locw the 3ls OF December last
In the case question wrote n memorandum decision
but failed make the proper findings OF fact and con.
clusions Of law. Two motions were afierward made
one TO return the case to the calendar and the other
refer 1t to exJudge Locw to make good his omissions
Judge Robinson grants the former notion but denies
the latter
suit was prousnt py Mllliam r. owens stock
broker against Rozil f. Picket TO recover 81 533 3S
alleged hayebeen advanced by HIM TO the defendant
to cover his shorts certain stock transactions The
up for trial yesterday before Jupge Donohue
in the Supreme Court, Circuit II claimed by the
defence that the plantn represented himself to be in
with Gould and others, who had corner in the
stock. This he alleges to have been false and Intended
10 deiraud him. The Court ruled out this testimony
aud directed verdict for $3.50, being the full amount
claimed with interest q
Charles r. Bcckwith the former bookkeeper for Mr.
b T. Babbitt, whom he is charged with having swim
died out OF $500 COO was arragned before Recorder
Hacke IN the Court OF General Sessions yesterday to
to i've separate indictments charging him with
having forged his employ ers to two checks upon
the Metropolitan Bank for CSC 55 dated Janu-
airy "a 1872 aud one Tor $3,lS 40, dated March I5
1871, and also with grand larceny and embezzement
in having on August 1871, dishonesty appropriated
check for S60s O5, on August % second check for
$6l5 90 and on January AZ, 1872, third one for
$ll, csc 90 The prisoner, who was represented by
Judge Fullerton, pleaded mot guilty" to each indct-
mcnt lie remanded TO the Tomps 10 await trial
The New York herald., 1876-03-04
SUICIDE IN HOBOKEN.

Yesterday morning at nme o'clock Police 0fflcor
Hammond discovered the dead body OF man hanging
in woodshcd adjoining the Sinclair House. in Wash
ington street, Hoboken, near the Delaware, Lacka-
wanna and Western Railroad His feet were touching
the ground while the rope around his neck was badly
adjusted The body cut down and It was frozen
stin from exposure IL ascertained that he OBJ
tanned on Thursday piece Of rope about foot and
half length al Gregory stone yard Ferry street
This he fastened to nail in the wood yard and the
other end round his neck. The body conveyed 10
the horgue The deceased was about forty.fve years
OF age and apparently German His complexion was
dark his HAIR brown and his mustacho blonde and very
heavy. 1t is thought that poverty the cause Of
his suicide Nothing was found in his possession TO
lead TO his Identification
The New York herald., 1876-03-04
MORE RIVER THIEVES.

Yesterday morning, at early hour, Detective
Mahoney, OF the Third precinct, Brooklyn arrested
John Waters Patrick Higgens and Thomas Higgens on
charge OF stealing three bags of Spices valued at $780,
from the brig Louis Clark Captain Smith, lying at
Bairds' and Rolemson's stores. The rogues
sisted, 1t is alleged, by Thomas Kelly and Archibald
Bel, mates OF the vessel The river thieves were in
the act OF rowing away from the vessel when tho Of
1cers pulled their pistols and threatening to fire.
compelled them to pull back TO the brig and surrender
Waters and one of his companions have served terms
in the Peni,entiary. The mates Kelly and Bell who
IL Is said, assisted the thieves arraigned with
them heiorc Justice Delmar yesterday morning, and
held for trial
The New York herald., 1876-03-04
RUBENsTEINs SUICIDAL INTENT.

Yesterday it was found that the iron wire which sur
rounds the top rim Of the tin cup in which Ruben
STEMS coffee is had bocn removed and that the
had been beaten back again. that the cup appeared 10
be in proper condition search made in the con-
demned mans CELL and the wire found stuck into
his mattress 1t had been sharpened The iron handle
of the sop pail also found hidden in a corner OF
the cell under clothes Every article that
Rubenstcn receives hereafter will pass through the
hands OF the keeper In charge Yesterday his brother
Jacob held a long conference with him. Motion for
new trial will be made week when the papers for
q bill OF exceptions will be ready.
The New York herald., 1876-03-04
MEMENTo oF MAxLMnIAN.

The old and somew what thrcadbarc litigation between
General sturm and the Atlantic Mutual Insurance Com
pauy was The subject OF lengthy argument yesterday
before Judge Lawrence, Ia Supreme Court Chambers
During the Mexican General sturm shipped car
load OF muskcs from Als port to Mexican port, for
the use Of the patriots but before they arrived Maxi
milan lost his life and the cargo not 10 demand
on their way back the abandoned Tho vessel in
the Gulf Of Mexico and she sunk With her cargo The
Atlantic and other companies M which the vessel and
cargo insured refused TO pay The insurance. aeg
ina thai the Transaction was frnufuiant
The New York herald., 1876-03-04
DISGRACEFUL SCENE.

somo time since Emil Hoesnerr, OF Hoboken, elopcd
TO this city with the wife OF Charles walther, Of the
same place. Hoesncrr took walther's furniture Also
and subsequently, took rooms with his paramour in
Meadow street. Hoboken- The husband got repevin
for the furniture and went last night to take posses
grand light then cnsued for the possession OF
the goods Deputy Sheriff 1argeman drew his pistol
aud said he would Gre II any resistance was offered
Mrs Walther and her adopted husband then retired,
leaving Mr.. Walthor and the Deputy In possession.
During the excitement previous TO the pistol drawing
Hoesnerr kicked and beat Walther in most brutal
manner.
The New York herald., 1876-03-04
A STICKY CASE.

The government time ago seized an Illicit
whiskey still in Gold street, Brooklyn, and among
other stuff found the premises sixtyhve hogs
heads OF moasses which Immediately claimed by
the firm OF Crabb Il Wilson, OF New York The gov
ernment refused 10 give up the property and action
was brought by the claimants in the United States
District Court TO recover the molasses The
tried yesterday. After = retirement OF about two
hours the Jury failed TO agree
The New York herald., 1876-03-04
OFFICER FINNERTY's DISCHARGE.

NEW YORK, March 3, 1876
To THE EDITOR OF HERALD:-
AT the time OF my arrest a charge OF criminal
outrage which preferred against me by malicious
woman the entire press announced the fact and CON-
mented upon il severely. Now that have been de-
cared innocent the statement OF the prosccutrx hav
ing been proven utterly untrue and the against
me having been abandoned, deem II but Just to ask
that prominence be given TO the fact OF my honorable
discharge kERRlN FlNNERTY
Patrolman First Precinct, Municipal Police