davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-11-15
A NOTED DESPERATE IN CUSTODY.

John Magee, alias Rhody Thompson, is a notorious
character Tor whom tho police OF tho Twentysecond
precinct have been looking for some time Yesterday
Detective Cottreil succeeded in arrcstng him and
arraigned him at the Fity-sevcnth Street Police
Court charge of entering the premises OF Isabella
Gleason, OF No. rs West Sixiieth street and stealing
$500 worth OF jewery He escaping with the
properly wncn detected by domestic named Susan
Brown, who attempted TO nrrcst his escape but was
unsuccessful Justice Otterbourg committed him for
examination ~ his own request, as he denied most
positively that he Was guilty. Of the crime charged.
Detective Cottren states that Nagce Is the same
person who, when train oil the Hudson River Rail-
road approach ng the depot jumped on and robbed
A. NJ See 0, Tarrylown, OF valuable gold watch, with
VIII ch he escaped. SEQ made good struggle but The
muscular Magce got tho better OF him. IL Is expected
that See will appear and prosecute
The New York herald., 1876-11-15
THE CIVIL RIGHTS ACT.

WASHINGTON, Nov. IA, 1915
In the Supreme Court to-day counsel Madison Dorm
now in jail in Augusta county, Virginia, under sen.
tence OF the District Court of the United States for
violation Of the Civil Rights act OF March, 1875 sub
mutcd a motion for leave to ne q petition for
habeas corpus In his case, for the purposc OF
having It determined whether no is legally in
custody The offence charged was that no ex-
cluded ono Annie Smith (colored) from the
reception room o. the Chesapeake and oDo Railroad
Company, In the city OF Staunton. sor reasons not
applicable to persons OF every and color
gardless OF previous condition OF servitude.n An
nexed TO the petition is statement OF the points upon
which the prisoner relies for his liberation, name
First-Tha. the District Court was without jursde-
tion TO try him for the offence charged.
Sccond-That the act OF Congress does not in terms
define that as an offence for which no was tried.
7hrd-rhat II the act Is broad enough TO cover such
a case it comprehends other offences within tho
cocnyanco or conoress and that hence The act s nm
constitutional and void
Fourth-That II the act be held to provide punish
ment Tor denying the accommodations and privileges
enumerated IN its first section, ION account OF race,
color or previous condition OF serviuuc,' and nothing
more then IL not authorized by tho fourteenth amend
mcnt OF the constitution, and is null and void.
The MOTION is made BY Mussrs' Shcficv and Robert
son, OF Virginia
On motion OF Mr. j. A. Wells, ". 4. scoHeld, OF
Marion, Ohio admitted to practice attorney
aud counsellor OF this court.
on motion OIL s Black, Malcolm Hay, OF Pittsburg,
Pa was admitted to practice us an attorney and coun
sellor of this Court.
No 95 Leonard T. Smith, plaintiff. in error. va
Joseph X. Payson, assignee, &c.On motion OF T. H.
N McPherson, OF counsel Tor the pla,ntin In error,
dismissed, with costs.
/ No. 81. Charles W. Hornor, plaintiff in error, VS.
George G. Hcnning ct a.-Thc argument Of this cause
was continued by Mr. f. p Cuppy, of counsel for tho
plaintiff in error and by Mr. w. ID. Davidge, for the de-
fendant in error, and concluded by Mr. i. r. Cuppy,
for the plaintin in error.
No. Sc substituted Tor No. Ss) Henry A. Grant, COL
lector &c, plaintiff in error the Hartford New
Haven Railroad Company.-This arg ued by
Assistant Attorney General Smith, of counsel Tor the
plaintiff in error, and by Mr. d. r Hubbard for the de-
icndant in error
No. So. +. H. Fisher, appellant, VS.. r. r. and Joseph
Craig.-Thls cause was submitted printed argu-
ments by A. H. Evans, OF counsel tor the appellant;
no counsel appearing tor the appellee.
No. o. rhe Mutual Lie Insurance Company Of New
York. plaintiff in error, VS.. Lewis w. Snyder. Tho
argument OF this cause was commenced by W. A.
Porter, OF counsel for tho plaintiff in error
Tho Court then adjourned until tomorrow.
The New York herald., 1876-11-15

and facing tho music as did Mr. Del Vale Counsel
expected TO prove to them the entire nnocence OF M
Del Vailc, both Of any promise OF marriage 70 the
plaintiff and Of her seduction, which had been
thrown IN as an agsravalion Of damages aS
Mr. del vaIie stood there not surrounded ndea
and stranger, comparatively in strange city. the
defendant was spaniard, living at Havana formerly.
but Tor the past two years mad been living In The
United States, having previously spent his summers
here. lie was wIdower having four daughters, from
lve years OF age When he formed the ac-
qualntance OF the plaintiff he had OF these daugh-
ters living with him, IN rwcnty-eighth street, WINE
the other iwo were beng educated IN NanhattAnve.
According 10 lhe plaintiffs statement he was man
most singularly eligible MATRIMONIAL point oi
view his vile at the time OF ner death was possessed
OF u considerable estate, which was the property OF
nis children: HIS own means were lim ied, ana ~
1873 be could scarcely speak English inteiligbly. IL
acquaintance on the l&ih OF January, 1879. Dates
were very important In THIS SUIT as would be shown
before It's termination. An air OF romantic interest
had been thrown around their hrst acquaintance he
Was reported AS having lust aightcd from omnibus
wnen he saw the plaintiff disabled from spraned
ankle by fall upon tho sidewalk, that thereupon
in a spirit OF gallanlry. he called carriage and took
her TO her home Three weeks AFTER hav ng been en-
ranced BY her charms, heasked her TO HIM and
gave her engagements ring IL SO happened that she
not SO much disabled but that she walked; that
they exchanged cards alter walking short distance
Broadway, at one O'Clock. opposite Stewards store;
that the appoln tmsnt kept; that they went TO
Soiars restaurant in University place took iunch
and that the next day the ring was purchased
Would anybody believe this glittcrng ring q
marriage token that this glittering ring Was magic
charm TO bind marriage engagement. They dd not
then for ten days she want ted somsthing better;
the ring had left TO be made smaller On the day
the ring was TO be completed she went and got IL aud
left card making an engagement with Mr.. Del Vale
for the next Friday. on that Friday there trc
mendous and she wrote again and made another
appointment ior the following tuesday she tells him.
II he writes to her, TO address her as Miss Howard
The mccting Solari's restaurant, and they
there every day Tor considerable pcriod he went
there perfect himself in English There was no sug-
eestion OF scnsualily love either side He went
to the house Of tue plaintiffs mother on the lst OF
March and there no alus0n to tho ring. After
while the plaintiff one day at solars, handed him
letter. not to be opened until after they had separated
Mr. Ch0ate will resume his opening this morning.
The New York herald., 1876-11-15
PRECoCIoUs ToPERs.

AT the Washington Place Police Court yesterday be-
fore Justice Kasmirc, boy named Denis O'Kecfc
made affidavit, that Sunday last Peter Rogers bar
tender in the saloon OF Patrick Campbell, No. liz
Tenth avenue, sold him ten cents worth Of whiskey.
The facts OF the were as foows:-The boy
Okeefo with three others, all three under thirteen
years Of age were found the pier OF West
Tenth street in state OF inioxicatIon On their be-
coming sober they confessed that Rogers had sold
them the liquor Justice Kasmre remandod Tho
uutil this afternoon, and directed that the Commits
OF Excise DO subpGnaed to attend ut the cxami
ln-laY
The New York herald., 1876-11-15
GENTEEL FILCHING.

Police 0ncer Hanrahan, OF Hoboken, in the Record
crs Court Hoooken, yesterday, accused Mary Hart
handsome woman, very fashionably dressed in
mourning and wearing long Widows veil OF stealing
. roll of silk from Mrs Campbell, of Chatham, N. j.,
ut the Hobokcn depot OF the Delaware, Lackawanna
and Western Railroad The silk In question was found
tho prisoner in gigantic pocket her rcach-
ing almost from her waist 70 her feet and capable of
holding immense amount or spoil. In the said
capacious pouch were pair OF acissors and q pen
knife, doubtless for cutting holes In womons Dresses
better reach their pockets She Is believed TO be
professional shopliftcr. She fully committed for
trial by Recorder Bohn Sted She to give her
address when arrested
The New York herald., 1876-11-15
DECISIONS.
SUPREME couRT-cHAMBEns.


BY Judge Don0huc.
Goldschmdf va smith ct al.--Motion denied.
Butler VS. Howes.-hotion denied without costs
Koehler vs.Adier and Amcrman vs. Barioni--ord ders
granted
BY Judge Davis.
The Mntual Life Insurance Company vs. Craighcad.--
Granted
Ungrlch vs. Mears --ordor granted.
BY Judge Lawrence.
The East River National Bank VS. Schcnck; Same
Va same; Same VS. same; Matter OF Boesc 4 Co. !;
Bruce VS.. Miller: Natter of Nostfand; Ranney
Fisher: Stevens VS. Mcdonnell; The Excelsior pctro
lcum Company VS. Fowler; Vandcrhoei Va BALDWIN; (;
Bates vs. Ryckmap Matter Of Miidebergcr; Ovcrhiser
vs.. stark. Halliday fitzpatrick; Day VS.. Tho New
York aud Fort Lee Railroad Company, and Cowcn VS..
The Mayor &c c--Grantcd.
Slocuch Emancipation.
The Ulster kniie Company Rowe. The East River
National Bank W. Schentk Sussfrld vs. Moore; Teller
vs.. The Dry Dock savings institution, and Matthews
VS. Lcddell OF al ORDERS granted
GILBERT VS. Gilbert--Urder 0t reference granted
conner VS. Griflth Refused.
Roller Goid hnGcr--kx planntion required.
SULLIVAN vs. Rycr--Tncre must DO reference
ordered mere
Jolly vs. Lacombe. Mr.. Reynolds afidavit must be
vsfined. Decree sig ned
The Hercules Mutual Lite Insurance Company VS..
Brinker-An allowance Of tS1 30 granted to the plain
kin
Anderson. &c. VS.. Anieta II do not regard this
case In which excat should Issue. Memorandum
Parker Va Gano.-Soe memoranaum Tor counsel
The New York herald., 1876-11-15
THE MoULToN-BEECHER SUIT.

There considerable discussion and comment yss-
tcrday in business and law circles in Brooklyn on the
withdrawal Of Mr. Frank Moultons $50 600 against
Rev. Henry Ward Bcccher for malicious prosecution.
The has been watched with great deal OF
by the friends OF both parties, and there were some
who declined TO accept Mr.. Mouon's reason Tor with
drawing the suit-vz that tho taking OF tho case TO
Delaware county made 1t too expensive Tor the plain
til.
Mr. shcarman, counsel for Mr.. Beecher, stated YES
tcrday that u was his opinion MI Noullons case was
closed for good now. ur. Moulton sad he would hayo
been pleased TO have had the tried In New York.
and would have consented toa 'strrck juryu but ii
decided by Judge Wcstbrook that fair trial for
the defendant could not bc secured whore the
muny with tho character OF tho par-
tics and the facts OF the The Judge therefore,
had sent 10 region inaccessible to tho palntin aud
unaffected BY the scandal
The New York herald., 1876-11-15
ANOTHER DARING ROBBERY.

william Cundalach arrived hero from Germany four
weeks ago and put up at Hartman's HOTEL Nos As and
Al Bowery In the barroom Of the hotel on Monday
evening no made the acquaintance Of young man
named Joseph Brunner, who went out with HIM to
walk around town. They finally got to the St Law
renee Hotel, of Bayard street and Bowery,
where Cundaaoh tell asleep. On awaking ho discov-
cred that ne had been robbed OF $210 subsequently
Brennan was arrested by Onccr Heron, OF the Tenth
precinct and tho stolen money found tod TO has
back by means Of string fastened to his suspcnders
On being arragned baore Justice Smith, at the Essex
Market Court Brunner stated that he bu,chcr by
trade thrtyhve years of nge resided at No. 127 West
street, and not guilty OF the charge preferred
against him. He held for trial in default OF ST. 500
katI
The New York herald., 1876-11-15
GENERAL SESSIONS-PART 2.
Before Judge Gilderslecve.
SENTENCES.

6ENIENCES
In this Court Judge Gildcrsleevc yesterday passed
the following scniences:-William Farrell, No. 20
Iaight street. for stealing s79 10 from Thomas T..
Mechan October 80 State Prison four years. Will
lam Smith, No 551 West Forty-cighth street, stealing
scarfs from William T. May October IL, State
Prison three years; James White, alias Burns, No 14l
Washington street, Tor breaking INTO the apartments
Prison years, the offence being burglary in the first
degree; James 0'Neil No. Ais Cherry street, for
snatchng a gold watch from George Mollcr OF No l3
West Twenly-iourth street, on November 3, State
Prison TOUR years, John Thierfcld, No l53 Leonard
street. and August Maier Tor breaking into the
OF Frederick Maer, No. 80 Monroe street. October
% and stealing SIS, State Prison years and six
onihs each Nicholas Mathews, or forging the name
OF John Dooy, Secretary OF the Young MEMS Chris
tian Association, for $40, State Prison one year.
The New York herald., 1876-11-15
A FEMALE DEFAMER.

In the Tombs Police Court yesterday, before Justice
Morgan, Charles J. wostlakc, son OF a bookbinder
doing business al Nos. 5s and 60 Fulton street, was
charged with dcfaming the fair name OF Miss Fannie
Frisbe. of No % East Ninth MISS Frisbie was
employed by the father OF the prisoner nithe bndery
stated that he had subjected her TO such vile abuse
constantly calling her all sorts OF names that she was
at last forced 10 throw up her work and leave West
lake denied the charge In n somewhat mpcrtincnt
tone Justice Morgan said: :-"I believe this iady's
statement, and any man who would call her such
names you have must DO thoroug going scamp
he was sent down to the cold comfort Of cell In the
Tombs IN default Of $500 ball for his good behavior
The New York herald., 1876-11-15
SHIPWRECKED MARINERS.

Tho brig Omcr, OF Turks Island, arrived at this
port yesterday from Fajardo, Porto Rico, after
protracted passage OF twcnty-eight days, having
countcred very bad weather north OF Hatteras whore
she detained ten days. She brings the following
shpwrecked mariners:-
Captain L. l. Richardson, OF the brig Valencia,
which was wrecked at Naguabo, Porto Rico, In the
fearful hurricane Of the 18th September, which drove
tho vessel ashore she becoming totallosa All hands
were saved, owing TO the intelligence and ntrepidity
OF the captain. The balance Of her officers crew
have returned home to the United States the captain
remaining behind to the last and attending the sale
OF the wreck
She brought also Ave OF the crew OF the brig Saxon
OF Lunenburg, Nova Scotia The Saxon loading at
D. also lost with all board, owing 10 the preva-
lencc OF the hurricane at the sano place.
Captain Richardson and the crew or tho Saxon len
this city for thcir homes last evening.
The New York herald., 1876-11-15
GENERAL SEssIoNs-PART
Before Recorder Hackett.

THE KILLING OF JOHN FARRELL
II nearly two O'Clock yesterday afternoon before
jury obtained in the trial OF John Tacne charged
with killing John Farrell in April last The first wit
ness called Thomas Farrell Of the deceased
whose testimony was, in effect that after leaving his
ROOM the second floor OF his fathers house, at No
5lo West Twenty eighth street, about nine O'Clock
the morning Of Sunday, April 2S, 1876 he encountered
the prisoner between the occupied by the wit
and the head OF flight OF steps leading to the
lower hail. the spot being front OF the door opening
into the occupied by tho prisoner Sharp words
passed between them and the witness descended the
stairs. After he had passed from the his father
shot
The next witness, DR.. Henry 6riswold, testified TO
the location and nature OF She wound which caused
the death OF John Farrell, Sr.
that at about nine O'Clock on the morning when the
killing took place no was dressing and heard the pris
soner using angry words outside OF his ROOM about
minute alter robin and ned 10 lock IL; his
brother then at the other end OF the hall the
oner used vile language to him; MS brother was then
at the loot OF the stairs the prisoner then noticed
witness, and scufie took place between thcm; his
brother Thomas came up the STAIRS to his twitncss
assistance, and Mrs Tactic came out, and when his
brother and Mrs Tactic separated them several blows
Ind been exchanged; Mrs. Tnele puzzled her husband
into her room Thomas and witness then went down
the stairs; when he was nearly at the bottom OF the
stairs he met his father he was going up stairs and
asked witness what was the matter no said Moth
ing' he continued on down the stairs and supposed
his Iather was following until he heard a woman
scream; he supposed IL Mrs. Taefe, he urne
and looked up the stairs his father standing with
hand on the baluster and the other hand against
the wall as II coming down just nen he heard pistol
shot and saw hand with pistol IN over the top OF
the baustcrs he ran up 10 where his father and
caught HIM he said hc was shot; he took him down
stairs and into the family sitting and placed him
on the sofa, his father said:-'slts oil use; you
can't do anything Tor me;' soon after policeman
brought The prisoner TO the threshold OF the sitting
ana asked his father IL the prisoner the
who had shot him. HIS father replied, lcs, that is the
man. Tactic, ~ ut least words to that effect
ON cross-cxamination no new testmoAy ELECTED.
Pending the ination the further hearing
was adjourned until cleven-A. NJ to-day.
The New York herald., 1876-11-15
Tucker vs. Livings,op-sca memorandum for

Tucker vs. Lvingstcn-Sce memorandum Tor
counsel
SUPREME coURr--sPEcIAL TERN.
By Judge Van Worst
Carpenter vs.. Bcnoiei. anu chapncy VS.. Bcnolei.-
Judgments ior defendants on the demurrer
Brown VI. Crawford Orders signed.
Church, &c vs. Downg.--I think the complaint is
sufficient The defendant II he has a defence, may
set Il up by answer Demurrer oycrruled
SUPREME COURT uacUIr--PARr l.
BY Judge Van Worst
Richardson ct al vs. 0Brien. &c-Case and amend
ments settled.
SUPERIOR coUET-sPEcIAL TERN.
By chicfJ Judge Curtis
Lowcnsteip VS. DE Lcyer cl al-Flndings signed
Same VS.. Same Allowance TO defendants OF Ave per
cent
by Judge sper.
Randell W. Bremer-Exira allowance OF hvc per
cent granted planug.
rho Health Department OF New York vs. Smith
Ct aL-ord.r overruiiAg demurrer.
The Bowery savings Bansvs. smith CT nL-hotion
granted with COSTS.
Rooney, administrator, &c, VS.. The Third Avenue
Railroad Compuny-Denurrer sustained with costs
ana with usual leave.
Kohler, executor, &c., VS. Chapman-Oraer denying
motion tor an allowance.
Kelly &c VS. Dusenbury-ordcr denying motion.
The Mutual Lite Insurance Company vs.. Dixon ct
al-ordered that The application 10 nx ices OF referee
be dismissed
Rooney, &C., W. Tho Third Avenue Railroad Com
pany.-ordcr sustaining demurrer
COMMON pLEAs-spEcIAL TERM.
BY Judge j. +. Daily.
Colin vs. Losee-LAcepilons oNerrulcu anu IePoIt
confirmed
Wheeler VS. Murray.-Findings settled
Mott VS.. Consumers leo Company. Motion denied
Opinion
Levy VS. Klcystenber.--Receiver discharged.
Braumhoi VS.. Roessier Receiver appointed
Mckinney VS. McCiosAcy cl aL-Motion lor security
for costs denied without costs
Whtock y CO. vs. Urpheus.-M cchanics' hen dis
charged
Stoppani VS.. Gottsbcrgcr r-Motion TO open default
granted on payment OF $40 costs and disbursements
Hunt vs. Aamlion.--i ccicndan. appears IN court
November l6, at ten O'Clock \. NJ, TO submit to cxa
mnation motion, denied otherwise, granted.
Trautman VS.. Langb Motion ccpicd, without
schoss Mcara-Proot insufficient
Bauer vs. Rogers Order granted.
Hepburn vs.. Hepburn-Case sent back to referee.
See memorandum
BY Judge Robinson.
Eoyokc VS.. Brown.-Order signed
The People, &C, vs. Jones-Bailable attacnmenS
BY Judge Van Brunt.
Scott VS.. Cassn.-Motion granted ON payment OF $40
COSTS.
MARINE COURT CHAMBERS.
BY Judge McAdam
Drake vs. DriscolL-Opmion filed.
McCahill VS.. Conner; Maxwell vs. saight; Hyatt vs.
King; Baxter Is. Andrews --Aotions granted
Tinncll VS. HILL Plaintiff deiauod
Driscoll Va Mahoney. .-Reerencc ordered.
Smith VS.. Newton.--Arrest vacated
Hoffman vs. Murphy Amendment allowed.
Sonncborn VS.. Leipzinger-Sureties examined, found
sufficient and bond approved
Greene VS. Observation-Disclosures ordered against
the Sneri.
Nash VS. Schultz Baker Gibbons: Smith vs.
Douglass; Wubbenhorst vs.. Fahring; Hoffman vs.
Murphy; Smith Norton; Coender VS. Doyle;
Wade vs.. Amier; Kracmcr VS. Zeimer; Krecling
j Jprdin; Herberman Moore.--Orders granted.
Wells VS.. Boycr--Commlsson granted
The New York herald., 1876-11-15
A CORRECTION.
TO rns EDITOR OF THE HkRALp:-

TO THE EDrroR HERALD:-
BY some mistake in today's issue OF the HERALD
your city reporter statcs that the picture Of Jca
ousy.' by Deienbach, was taken by a clerk OF mine
named William Young Tho name OF tho individual is
ccrrcct but not his occupation as he is no clerk Of
mine, but employed in hardware storo in Third ave-
nuo attribute tho recovery Of the thrcc pictures
which have reobtancd entirely to the kindness Of
The Now York press IN giving publicity 10 the fact OF
the loss There are still two pictures missing By
Chavot and one by A. u. Durand. Very respectfully,
yours, H. d. MINER.
Nxw YORK, Nov. IA, 1874
The New York herald., 1876-11-15
A FIRE RESISTANT DRESS.

Tomorrow afternoon Captain Christian wraa will
give exhibition at jones' Wood OF oestbsrg's fire
ex,nguishing apparatus IL consists Of double dress
somewhat similar 10 Divers armor, which, peing
filled with water enables tho 10 pass yhrouph
hot hrs with perfect impunity. The apparatus has
been frequently exhibited IN Europe, and the repeated
trnls excited great interest among government officials
and others connected with nrc brigade.
The New York herald., 1876-11-15
2s slaa slsl, s.l, s.s4 s.es sac, sl4s sl4a ssss

S2s $780, $751; sl7l s7s4 $780, si42 5l4a, sl4a $685.
5231 5s3s
corHr or GENERAL sKssioxs-Par e--Hed by Judge
Sutheriard-The People vs. 4manuc hanheirer
grand larceny. same mes r Hines grand lar
ceny; Same ys John O'Shauahnessy, grand larceny;
Same Robert ; Arndt iorleTy, Same w. Frank
Walton. seduction; same vs. MiAiam Walker. per
jury same vs. Charles Mclaughlin, sodomy, same
vs. Helen b. Dexter, msdcmeanor. Part He'd ny
Recorder HackelI-Tho People vs. John laehe homs
cide
Cougr oy OYKg ASp TKIAIsER-Hcld by Judge
Brady.-Thc People vs. James Mcclure, homicidc.
The New York herald., 1876-11-15

r. Davis JosErH y. CoxRow. Of Wilmington, DEL, -
LAvrA r., daughter Of tho late Henry Meyer, OF thn
city
HAscALL-KISG. --0n Wednesday evening, Novem-
Der 1875 the Church OF the Divine Paternity, BY
Rev T. b. Chaplin, D. D., THEODORE +. HAsCALL "a
City.
The New York herald., 1876-11-15
MARRIAGES AND DEATHS.
MARRIED.

coRRow. .--MHrsR. -.on Thursday evening, November
~ We residcnes Of ths brids mother by the Rev. W.