davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05

70 read - foilows:-"When perpetrated In committing
the crime OF arson In the nrst degree.n
Under the first subdivision Of section In order
constitute murder IN the FIRST degree the killing
nave been from deliberate and premcditated design.
Inc object Oft third subdivision clearly IN con-
uass Win the nrss 70 make any killing while engaged
IN me commission Of felony murder in the
degree, aithough there was no design 70 ensct
aoatn rhe sole purpose Of the words "with-
out any design 70 eject deathv was to DIS
pense with proof Of any desien 1t cannot
be supposed that the Legislature meant require proof
IN such case that the killing was absolutely without
any design 70 eject death, and such proof to
MAKE muluef n me nrst degree, Whereas In case OF
homicide In lower degree Under the statutes OF
1850 and 1862 the particular clones were described in
the commission OF which killing would be murder and
under those statutes the killing with without desgn
sought be effected by the statute OF ls73 was Ia
remove the limitation TO tho specined felones ana
make killing murder In tho drst degree II done
while engaged in tho commission OF any felony Il
would be quite absurd so TO construe the to
enable person charged with murder under tho third
subdivision OF section 70 establish = defence by
proving that he desgned tho murder. We are there
FORE OF opinion that the first count OF the indictments
fully described the offence Of murder in tho nrst de-
gree BY alleging in proper words that the
while no was engaged in the commission
OF the felony OF burglary We have thus with the caro-
the Importance Of this requires considered and
disposed OF all the questions which were orally dis
all the allegations Of contained in printed bref
submitted TO and II Is sufficient 10 say OF them that
they clearly without foundation. and SUM-
GENTLY considered and properly disposed Of In the
opinions in the Supreme Court
The judgment must be affirmed |
All concur-Judge Folger absent
GEORGE D. ELDRIDGE,
Clerk TO Judges Court Of Appeals
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
THIRD AVENUE BANK.

DECISION IN THE DECKER cAsE-THE PAPERS
SENT TO THE DISTRICT ATTORNEY FOR m
CONFEDERATION.
In the Of Thompson W. Decker, ex-President Of
the Third Avenue Savings Bank Judge Duffy rendered
the following decision yesterday
Mr. Decker accused by Mrs. Georgina r
Lcvien, depositor, with having the 26th of jan
uary, 1874, signed false and fraudulent report by
which she and others werc induced to deposit their
savings A false system Of bookkeeping had been OBJ
served In the bank for years prior to Mr. Dccker
connection with It, Fictitious values had been given
to bonds 70 swell the assets and make the losses
accustomed by bad investments the part Of the
ayers Of the bank, and SO precarious had become
its condition that many Of tho officers resigned, while
many that remained solicited Mr. Decker TO accept thu
presidency believing that his well known integrity
a business would give confidence to the deposit
tors. Mr.. Decker during his connection with the
bank received no pccuniary remuneration for his ser-
Vices. Mr. Decker gave guarantee bond TO secure
interest on the Tarryown estate and under this bond
he Was 70 pay $500 per annum which he did pay vol
UNFAIRLY, and he also executed another bond with
Others for 500 to place the bank In stronger posi-
ton and in this bond he obligated TO pay 81 500
Mr.. Decker had connection with the bank previous
TO his becoming its president, and during his prcsi.
dency tho whole expenses OF the bank were less than
they formerly paid their president for his salary Mr.
Mcdonald expert accountant, certidcs that had he
free access tho books he would have made an.
fraudulent statements, and from subsequest exami-
nation Of the books he entirely exonerates Mr. Decker
from any Intentional fraud upon the dcpositors as
true knowledge Of tho financial condition Of the bank
concealed by false entries, which In itself cal
cuated to deceive any trustee who had not been con-
nected with tho bank prior 1878 From this rssum6
OF the evidence tho Court believes that the accused did
wilfully fraudulenty aid abet the wrong do
ings Of tho other officers Of the bank but lnasmuch
Mr.. Decker assumed the trust no became amenabla
to all its obligations, and business he should
have hestatcd to ax his signature to the report with
out first having taken At least the ordinary precauton
OF personal examination OF tho books OF the bank
Ignorance OF the for violation and
Mr.. Decker should have taken the Same care OF the
moneys OF the people that he would OF his Mr..
Decker Is acquitted of any criminal intent, but hia
attaching his signature TO paper which had the effect
OF deceivng the Bank Superintendent and the deposit
tors Is act which even. though done with intent
TO deceive, this Court would not like to lone, but
would rather have the District Attorney pass upon IL
The Court believes that all laws governing tue Official
acts of those who ntrustcd with the savings Of the
poor should be construed strictly in favor Of the
dcpositors The papers will therefore, be sent TO the
District Attorney for his consideration
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05

tsgether on u small knoll Of ground close to the
steepe Of village church, len standing alone. They
had room for all TO lie down. The lot was drawn
among them every two hours for this privilege.
Whilst half OF them took rest the
other half had to stand So they passed whole week
scanty ratons and exposed TO the cruel winds Of
cold March, Three OF them died on the spot Decom-
position began and the survivors, horror stricken and
sick OF tho sight and SMELL found other means OF
Kidding themselves Of tho dead bodies but by singing
them up to the roof Of tho stcepe which effected
with great dificulty They were taken down two days
ago for q decent burial
INFINITE
Is spread the inundated lands Large tracts Will
not be DIT for poughng before autumn The ilI-famed
Hungarian swamp fever which ortures the patient in
regular intervals, sometimes for months until no
succumbs will tdoubt make terrible ravages among
those thousands who in utter want and
misery. This win enormously swell the list or the
dead which Is hitherto small, thanks TO tho and
promptitude Of tho authorities whose activity has
been beyond praise. There Is large work left to DO
donc BY charity In nearly every country of Europe
subscription lists being opened with view to help
Hungary In her drest hour Of heart breaking desoa
ton
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
BUSINESS TROUBLES.

Baldwin, Lowell 4 Co., dealers in silks. &c, Of No.
lS7 Eighth avenue, have been sold out by the Sheriff
largo number OF the creditors OF Messrs. Harris,
Richmond l. Shafcr Wholesale cothicrs, OF No. $50
Broadway assembled yesterday afternoon at the ONCE
OF Register John Fitch, No 345 Broadway, to attend
meeting for the purpose felccting assignee
muncaton received from the bankrupt firm stating
that tho ofsome OF their creditors had been mad
vertenty omitted from the list which they mad made
out to serve guide for the person who served the
notices OF the meeting for which all the creditors
had boon notified For reason the election Of
assignee was not gone into. commite was appointed
TO examine into the affairs OF tho bankrupts, which
70 report At tho next meeting. About any debu
s ws,e psovsn assrsgs.ns about e1 wncs
creditors of the insovent hrm are ac follows
Joseph Brooke 4 Co, England, SCI, Osai James r
$40, 900; Dennis De cOurcy, s., soa;, a 3. Garter,
Theodore T.mpson. ss5o1: j. Bensussn, $4,000; T.
Bcrnheimer 4 Co.. So $50; Grimshaw Bros, Paterson,
y; =. s2ss7; T.w. sPrague \ Co, Newask, n J.,
Uonnectlcut Sa,l7l; r. X. Nudge sawyer Co,
s2sis: Daniorih, Clark Coz Boston. $s.os0; THAN
AZ tho frss meeting or the creditors Of Morris Jacob
Psscr held yesterday - Register Fitch's ONCE, Mr.
Henry simon was elected assignee. s.x dsols were
Ssss; Il. BrssneIrs 500; K ssrvison, t576.
ton jeweflcr, held yesterday before Register
Dwight OF No. Beekman street. Thirty-four clAims
were proven, amounting N the aggregate 10 between
SIS 90 and SIS, 900 The bankrupt offered COMPOSE,
ton or twenty-five cents on the dollar In Endorsed
notes payable IN elk, nins and twelve month"; which
accepted
The nrst meeting OF tho creditors OF John Henry
f. Atwaser which was 20 have been held yesterday a.
the once or Register Keschum, Bennett Building was
adjourned TIL May o. Tho following debts were
proved --Wiibcrt Wallace Pittsburg, 81 625: O. s.
II. 6. smiley, $500 u Walter Carr Co, $5s9 81 and
william BorsL 332A
The following insolvcnt schedule was died In the
Court OF Common Pleas yesterday Ernst Tode 10
julius won-Ltabilities $<&93 81; nominal assets
sl,sss 70: sctuai assesa sos H. No bond has been
ordered As yet
The negotiations for compromise between tho
Woodward steam Pump Manufacturing Company. Of
No 81 centre street. and their creditors arc sasfac
tcrily progressing large number OF the creditors
nave accepted me proposition made by the company
20 pay ten cents cash aud ninety cents In four lnsaI
msnts IN Two, three four and Ave ycars' time. The
company y Will De remembered, made an assignment
last month 20 william Francis A year ago The
company received an extension from its creditors
The creditors OF Daniel Drew will hold their 0rst
meeting on Thursday at the office OF Register Williams,
NO warren street. for the purpose Of proving their
CLAIMS ana oaesing A assignss IN bankruptcy.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
EFFECT UPON poLAN OF THE NEWS.


Dolan will now be hanged on the 14th inst for the
murder of James IL Noe in August last He felt keenly
the awful position in which the decision len him; but
It until his counsel Mr.. W. F. Howe, informed
him OF the decision that he gavc up all hope do
spatch from Albany early in the morning brought
Of the decision to this city, and shortly after tho
arrival OF the telegram HERALD reporter called
in tho wretched fellow that he cherished tia
belief that the telegram an "April fool
arrangement and refused admit TO himself that all
chance Tor life passed When he heard from hs
counsel that the Court had decided adversely In hs
case he remarked, swell, 1t can't be helped when
dog Is down keep him down"
Sheriff Conner is already making preparations for
tho execution OF Dolan. Yesterday he ordered the
gallows. on which the three negroes hanged in
December last 10 be taken from the Ion whore has
been stored since that memorable legal tragedy. A.
Good Friday falls the 14th 1t ID probable that the
Governor will grant Dolan further respite. Two
deputy sherfs will be In the company OF Dolsn until
the day he 10 brought out for execution In order 70
Illustrate any attempts at suicide
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
PAYING A DIVIDEND.

The Peoples Savings Bank located at the corner Of
Third avenue and Twenty third street, which
pended several months ago, began paying out divi-
dend OF thirty three and onehrd per cent its cred
itoTs yesterday morning at ten O'Clock Despite the
rain, very large number Of men and women visited
tho place during banking hours, all OF whom were
promptly paid 1t IL believed that the last cent Of this
dividend can be paid within two weeks
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05

Tho wrcckers, under Captain Merritt OF tho Coast
wrsckins Company, are sll brskIy engaged In strip
ping the wreck Of tho steamship Great Western ashore
ON Fire Island beach. She Is completely broken In
two. aad the water u high tide lows inso her even
with The upper deck. The cargo with the exception
Of The rasA VIII be total lona ~ lev ude there y
twolve feos Of water In hor.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05


vest hopes, calculated at 1000, 900 forms Al to
and damage accrsins TO the whole county sixteen TO
twenty millions will hardly suffice repair Il Not
sunbeam has been visible for three weeks The sky 10
lowering. aud long lasting rains pouring down At
short Intervals as II there enough OF this
liquid element already. J., some townships, situate
the banks the order illuminate the houses
night still obeyed In order that all may DO ready for
any emergency. and feared that the dykes arc
looscncd by three weeks tncessant motion OF the
waves ripping to tho top.
sTEAxnoxrs on LAND
Above Buda- Pesth small propellcrs are now passing
tho inundated country, where the water 10 quiet
and smooth, In order 10 establish temporary means
Of communication betweea the dwciiers OF the
villages situate che dry OF billy ground amidst
this wilderness OF water which almost scoms be as
suming permanency. Tho fall 10 less than half an
inch on dry day, and this is always made up b. a
new rise. arer a few hours OF rain or a change OF
wind. Soldiers pickctcd some OF tho dykes in
order TO prevent attack them by the people
who fancy that their misery caused by the existence
OF these dykes, aud that iftbe water there found
vent into other mems fields the would have lit
tie to spare for themselves lower down Its way
conspiracy among such poor ignorant and dcspaiflng
people aid indeed exist for this purpose On board OF
the small propellers the river pilot Is useless
PEASANT riLorS
A peasant having intimate knowledge OF every
knoll aud tree 10 district 10 standing near the
man pointing out where the trunk Of tree len stand
ing, peepiag forth, whore she ruins Of house,
well known TO HIM. lie hidden under the wAtery sur
face, and likely 10 cause shipwreck 70 The un-
wary navigator few days ago twelve men, women
Aad ehiidrsn vsrs rescued vhe had been clustering
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11
A Shocking American Habit.

The recent funerals of the members
of the Garner family, and of Miss Adele
Hunter, the unfortunate young lady
who was drowned with the Commodore
and his wife on the Mohawk, have again
developed a peculiarly American trait
which is simply disgusting. 1t was
shown rather more c%onspicuously at
Miss Hunters funeral, because il tool
place in a popular church. The crowd
in attendance had been invited to pass
around the coffin, and the great mass of
persons who had been attracted merely
by curiosity surged in a half disorderly
manner up the aisles. Then when the
coffin was reached the crowd, which
was four-fifths composed of females, be-
haved : outrageously as to shock those
who saw it. The first part of the crowd
deliberately (the were the
sole offenders) bounced upon
the flowers, and carried them of
so ravenously that DIR. Houghton, the
Rector, was obliged to noun the plat
form and publicly request that the floral
decorations should be undisturbed
Even after that there were instances
where the request wa unheeded. This
occurrence is very common at large
funerals held in church in New York.
AT the funeral of A. L. Stewart, the
same scene took place, and also at the
funeral of the late j. w. Harper at the
St. Paul's Church, fifteen months ago.
There seems to be a morbid taste for
treasuring flowers from the collins of
prominent people, and TO a foreigner
unused at all 10 such lavish displays of
flowers on such occasions the sight OF
a promiscuous crowd appropriating the
floral contributions Of friends L their
own qualification is one which ought to
make an American blush.-New FORK
Cor. Chicago Tribune.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11
Death Of sidney Riggon. Joe Smiths
Successor.

On Friday last there died at Friend
ship. Allegheny County, y. Y, Sidney
RiggOn, in the Sith year Of his age. He
Is = person who had a peculiar history,
and one not without interest TO Pitts
burgers. lie was born near Piney
FORK, Pennsylvania. and reached ma
turity near the placeof his birth. When
about % years old he entered the min
istry in the Baptist Church, and was for
some time pastor o. the First Baptist
Church, corner of Third and GratiOt
Streets. Becoming dissatisfied with the
faith, he. with Alexander Campbell and
a Mr.. Church, of this city, formed the
.sCampbellite- or "Christian" church,
which at one time had q considerable
number Of adherents in this section Of
the country. Some time after he went
10 Ohio and organized a congregation
according 10 the new faith. While
there be met Elder Farley Pratt, Of the
Mormon Church, in debate, and becOm-
ing worsted joined the MormOns and
took his congregation with him. They
went To Courtland, Ohio. where n Nor
mon congregation vas organized. From
lu4A Autl Ntlt lbiNtA W ~ W NtoNtAn
Missouri, and finally by prosecutions
we're driven to Nauvoo. There Mr.. Rig
gon stayed until within six or
seven months Of Joe Smiths
death, when, becoming dissatisfied
with polygamy. he returned
10 Pittsburg. Hearing Of Smiths death,
and that he was appointed his success
sor, Mr.. Riggon returned to Nauvoo.
On the day appointed for choosing
Smiths successor, Mr.. Riggon told the
congregation that il he was elected he
would not only prohibit polygamy, but
expel every one who praciiced H.. He
then asked the audience If they desired
to have him for President that each
man hold up his right hand. Not a
hand was raised. Brigham Young then
told the audience hat he was Smiths
successor. and il elected would carry
a his ideas. He was unanimously
elected. Mr.. Riggon again returned to
Pittsburg. and tried To establish a
church. Not succeeding. he moved 10
the Genescc Valley, New York, and has
there remained up to the time Of his
death, a period Of about 50years. After
abandoning his religious ventures he
devoted himself To the study Of geology.
and supported himself in a great meas.
r. BY lecturing upon that science. lie
Is said To have been much respected in
his community as a i~aw-abiding, con.
~scientious citizen.-PiGs5trg Post.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

out Of the Potter's Field, and by so do
ing starved himself for u week. Bob
never got over the death Of his friend.
Missing him at his side in their accus
toned employment, Bob gave il up after
"A while and rented a little stand on the
thoroughfare-a large deadlock set up
on end, and furnished with a scanty
supply of what only the newsboy and
b%ootblack might buy. He was, after
his fashion, loyal To his State and
those beloved by her, and when
General Lee died, mourned of all
Virginia, Bob boarded up the front
Of his box, and pinned a piece of Grape
and card upon il, on which wa written
''Closed in consequence of the death Of
Gen. Robert +. Lee" But his business
did not prosper, and the town was no
longer the same as when he had a
friend to share all that belonged to him
of sorrow and of limited Joy, and Of
that little sum which the days labor
had brought. So Bob began his wan
behring's again, this time into that north
ern country, of which he but dimly
knew and cared. The rest is told in a
newspaper item touching a crippled
negro boy who was drowned the other
day while bathisg in the Delaware
where it runs by Philadelphia. The
paragraph found its way back to Rich
mond, and the body was identified as
that Of the crippled boy who went by the
name of Little Bob Thus these two
lowly friends met death after the same
manner, and the river whose waters
closed over the head of the one bore
the same name by which the other was
known. This is all. The two boys
count for but little in the sum of human
life, and their story, perhaps, for less.
But TO some il may appeal as bearing a
moral not altogether without its use
and effect in this everyday world, made
up in large part of such as these, and
in its higher circles, here and there Of
some less worthy a passing moments
thought.-NeD York World.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

Little Bob" was a cOlored news
boy who drifted into the capital of Vir-
ginia after the close of the war. He
hoboled about the city on crutches, but
he was energetic and yivacious, and. in
spite of mis- affection, managed TO dis
pose of more papers in a day than any
three of his competitors. What were
his antecedents, how he lost the use of
his limbs, perhaps no one gave himself
the trouble to inquire. He was born in
the first tumults of war. Father per-
haps he never had known; to a mothers
care he owed little. Misshapen, friend
less. ignorant, he survived the perils of
childhood, and somehow gathered ele-
ments of character which would befit
a much higher station than that in
which Little Bob. lived his few brief
years. After he came to Richmond and
had won for himself a successful place
in his humble shere, Little Bob looked
about for a friend. And him he found
in another newsboy, yet more helpless
than himself. This was Delaware
also colored, but older than Bob, and
who had lost both legs above the knee.
THESE two curious little folk, the elder
not more than twelve, might be foand
at all hours of the days together, and
doubtless shared the same squalid cot
AZ night. delaware sold but few
papers, while the younger partner each
night had gathered a goodly amount Of
nickles. But Delaware" never suf-
fered on that account. Bob paid
for his food, and it was from
Bob's little store that the nightly
lodging was secured. Once in
a while the two had a dramatic treat
from the highest gallery in the theater,
and up the stairs il was by the aid OF
BOb's crutches that both were able u
climb. So the two Jared for severa'
years, the ties Of friendship, through
benefits received and conferred, grow
ing closer and more firm as the tim,
passed by. What were the condolences
cxchanged-what were the topics o
conversation between this deformed Da
mon and crippled Pythias of tender
years and lowly race? None may say
for Of them and their thoughts the worlc
has not time to concern itself. But II
its way the talk of these two must no
have been altogether base and deprav
ed. For, one day, .'Delaware" and
Bob were bathing in the ~neighborinl
river, and "Delaware,m helpless, gol
beyond his depths. No other help was
nigh, and Bob vainly tried to save hi,
partners life at the risk Of his own
Then he took a little store Of savings q
give "Delaware'sr body decent buria
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

President that al the Onicers had assured me
that such was their liked, settled purpose
Wilson further testified that the President
Indignantly denied the explanation % the
term .'sylph' A. explained by Porter. and
said there was not a word ~ truth In H..
Wilson expressed his disl elief % Ike story
20 the President.
Question By Plaisted-DOyOu not believe,
and dad YOU not al the time believe. that
this explanation q General Porter's OF the
.',ylph' dispatch Was intended 10 deter you
from doing your duty in the prosecution OF
General Babc0ckf
Answer-Most undoubtedly | did and do.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

SAN FRANCISCO feels less securely
guarded by the three men-of-war which
are stationed outside her harbor than she
did before the Fourth. On that glorious
day there was a sham battle in the bay
in which the vessels participated, the
enemy being represented by a paralytic
scow which was moved in easy range.
From early morn till dewey eve The
three V, ssels bombarded the hapless
scow without once hitting it and the
people wonder, gloomily, whether
foreign vessels are enough larger than
a scow To furnish better targets.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

The late Miss Martineau saved her
memory from the injustice of the biog-
rapher by having her autobiography
put in type and corrected before her
death. She also left by her will an in
junction against the publication Of any
Of her private letters.
The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-08-11

THE body of Bcllini, the composer,
which was hurled in France, is TO be
brought to Italy in a man-of-war, and
placed in tomb in Cataaia with I'M
opsing ceremonies.