davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-02-09
THE COURT OF APPEALS.
pEcIaIoNs nANnEp powN.


Judgment affirmed with costs.-The Cayuga Lake
Railroad Company vs. George A. Kyle; Slater VS.. Mer-
scau; Rounds vs.. Delaware. Lackawanna and Western
Railroad Company; Marks VS. King; Hcrmans VS..
Clarkson; Hcrmans Ellsworth; Raynor Hoag
land Koshncke VS. Ross Dickinson vs.. Colyeri Clark
vs. Donaldson, aud The People wssson.
Appeal dismissed with costs. .--Honncssy Cooper
Hunter vs. wctceil; sutton Davis, and Godfrey
Moser
Judgment reversed and new trial granted. costs 10
abide event Jones VS.. Smith, and Blossom W. Ly
coming Insurance Company.
Motion for reargumcnt denied with $40 costs. -
Clearwater Bril-
Judgment affirmed. Harris VS.. The People
judgment reversed and trial granted. costs 10
abide event unfcss plaintiff, within thirty days, gives
chrity TO be approved by the City Court OF Brooklyn
indemnify the defendant against the certificate Of
deposit upon which the action is brought: and " such
security gwen then the judgment affirmed without
costs to either party In this court Prank Vessels
judgment reversed aud judgment Tor defendant on
The New York herald., 1876-02-09
COURT CALENDARs--THIs DAY

SUPREME CouRr-Cn.mnERs. by Judge Law.
rence-Nos, II, 25 IS, 46, as 81, 9e llo 122, 162,
los, 1856 2l4 300 267, 26s, 269 21s 3O2, 30S, 3O7,
a6S 373, 3S2 3s4
SUPREME CouRr-spEcnL TERM-Held by Judge
Van VOrsL-72 25l, 93, 90, 100, l22, 121 141, loo,
le4 loe, lis, loo, 2o7, 30, 2i6 22o 242 PA, 252'
304, 1885,, 225
SUPREME CouRr-GESERAL TERM-Adiourncd for
the term.
SUPREME CouRr-Cmcur-Part l.-Adjourned for the
term. Part 2-Hed by Judge Westbrook- Term
continued-Hcld in General Term room.-Case on, No.
9o64; The People, &c, VS. Tweed ct al Part 2-Hed
BY Judge Donohue-Nos. 1854 ZOO lO2s, l454, l7s,
4ss So 5s1 ISIS s 1s n1 s sse vi 4a ss1 5 4o os
@ 1915 iois 1850 icss 1852 1854 1870 sas& i4ss 200
Part s-Held by Judge Larremore.-Nos. 6s9 917,
17s4 2o77, loo7I $40, 1892 933 2275 1s3o1k, 1889,
s7s lo5 60 Sls 1iOS, 23o9, 1927, 1884, 11S3 1883,
SUPERIOR coUnr, GENERAL TERm-Hcld by Judges
Speir and sanord-Nos %, 27, IS, 81, 81 SO 35, 80,
srrERioR CouET-rRAL TEm-Part Held by
Chief Justice Mone.--Nos. 76l, 2oI, ss5, 7Sl, 439,
1875 sS7 sse Sg1, 500 $685. s97 s99 DOL 9O5 Part .
Held by Judge Curtis Nos 1918, S62 726 9l0 1896
534, 1882 4l6, ZIG, 954, 1884, $50, s4s 77S, 100.
COMMON PNAs-EoUIrY TERM-Held by Judge
J; ?. Daly.-NOs. 22l7, os6, 1878, 1924 ZOO mi.
1859 1851. Part 2-IIcld By Judge Van Brunt-Nos.
1878 445, lel9, 54s 1905 10 1852, 1852 le4e liso,
l5Is, l549, 1850 1852 Part s-Hcd by Judge Van
hocsen Nos 1905, 1919 2l24, 1885, 1859 1850, 1852,
1868 1904 1908 1890 2oi0 1861 1868, 1862 1871 1872
1873 1874, 1873, 1915
MAINE CoURr-TRIAL TEKM-Part Held by Judge
Goepp-Nos. 2995, 1905, 6557 279s 1445, 1851 1895,
1851 s737, 3sls 6O6i ol5s, e2ei, 55e6 s4s7 Part q
Held by Judge AlkerNoS 2l3i, 25l4 666I, S1So 37ol,
536 3797 3so1 3s02 3so3 3s06 ss07 $685. 3sl0, 3i4o
MARNE CouRr-TRnL TEKm.-part S-IIeld by
Judge McAdam. Nos. 6lo4, 63Ol 672s 6224 5s6s. 665
567 1851, GAL 3345 479S 4925 $780, 5o6l $500 $780,
6O97, 24o0, 1880 65i2 053s. 65l3, $685. 65s7 O62l
6663 G664, 66Sl 6T35, 675l, 6263
COURT OF GENERAL SESsIoNS-Held by Judge Suth-
erand.-The People VS. Louis Rink and William Rink
robbery; Same vs. Jefferson Sanders feloncus assault
and battery; same VS. James sullivan aud Alfred Eng
lsh burglary, same Thomas Smith burglary;
Same VS. William Edwards grand larceny; Same vs..
Henry Jones and Fanny Halenbeck.- grand larceny;
Same vs. Arthur krcss grand larceny; Same VS.. Ben
jamin NJ Alcock and James T. McEvoy, grand larceny;
Same Anthony Fay ana Louis Kurz grand larceny;
Same VS. Daniel Crawford, grand larceny; Same VS..
Henry Griffith and Charles Hcislcr grand larceny;
Same VS. Ida Wood disordery house; Same Mary
Doyle, petit larceny; Same VS. Margaret O'Kecne,
assault and battery; Same vs. Herman g. Urbes, mis-
demeaDor; same Annie Mac, grand larceny;
Same Katie Iaforge, grand larceny Same Jane
Mccain grand larceny; Same vs.. Ann McNnlly rob-
her
The New York herald., 1876-02-09
A BLOW AT LOBBYING.

Among the decisions just rendered by the General
Term of the Court OF Common Pleas is which does
not countenance dealings with the members OF the
"Thrd House, Mr.. c. Annon brought suit against
Henry A. Richie and others involving the right
of possession of tobacco neld by the
United States government motion made
for leave to carry the case to the Court of APP
peals This motion is Denied Judge Robinson writing
the opinion After rectng the facts disclosed in the evil
dence, which held TO 'partske OF character
scarcely escaping what is denomnated obby services
Judge Robinson s-'Proessona Jobs that of neces
sty require personal appeals and private opportunities
to and with members Of government and solicitations
their favorable action dscountenanced by public
policy and find littlo favor in the courts when remu
ncraton therefor is sought by legal action" "
The New York herald., 1876-02-09
BOARD OF POLICE.

AT meeting Of the Board OF Police Commissioners
yesterday all the members present. the chief clerk
presented the resolution recently adopted by the As
sembly calling upon the Board for full information
relative to the detention Of the Montreal eopers by the
police OF New York without warrant II referred
TO the Superintendent for report with instructions TO
forward tho Board all the kilograms and documents
apper rtaning to the matter.
communication from citizens OF the Fifteenth
ward thanking Captain Van Dusen for closing the
various disordcry houses in his precinct was placed
file
report from Inspector NcDermott and Captain
Cafrey, Of the Fifth precinct recommending the
assignment of additional patrolmen to that precinct
referred to tho Committee on Rules and Discipline
Roundsman Watson, OF the Eighth precinct; Patrol
men Clayton, OF the Sixteenth, and Lynn, of the
Twenty seventh were dismissed from the depart
William Huzzcy and Richard Leary were appointed
patrolmen
Permission was given to a number of applicants to
hold m sked halls
The New York herald., 1876-02-09
THE PRODUCE EXCHANGE.

The question OF removing the circle on the second
floor for the OF the grain up before tho
Board Of Managers yesterday and postponed until
the next meeting in March Mr. A. S. spauldLg re-
signed as one OF the managers and Mr. John II. Pool
was elected to ill the vacancy. Tho following were ap-
pointed inspectors and wclghers OF lard and provis-
ions:-Henry AmclunG, A. A. Bogert, g. C. Burger,
Goulord, Rouse Bostwck, W. Moore, Samuel
Wallace and Wright n Bernc The Law Committee
rules In regard lost certificates the prin-
cipa features OF which that the Of such
should be advertised thirty days In the daily papers,
besides posting up notice the bulletin OF the TX
change. After this has been done and the loser
into bonds with the Board that loss damage shall
accrue to the association by OF reissuance
new certificate will be granted.
The New York herald., 1876-02-09

Yesterday proceedings where commenced by the
widow Of the late Joseph Byrnc, of No So Warren
street. in the Kings County Surrogates Court. before
Surrogate W. d. Veeder, 10 set aside the will OF the
deceased Mrs Bridget Byrne claims that her husband
was not OF sound mind when he executed the will and
that undue influence brought to bear upon him.
The property LETT by deceased is valued at $40 OO0.
Mrs. Byrne is left 200 The interest OF 900
bequcahed his sister Mrs Agnes Roberts, and the re-
.naindcr OF the estate is left TO ST. Peters Roman
Catholic church, corner OF Hlck and Warren streets
South BROOKLYN. house on Warren street. the
second story of which the widow resides rent free is
TO be let TO tenants and the money received thereom
10 be paid the church corporation After the of
the widow the house to be sold and the money to 20
to the church The executor OF the will is Rev f. W.
McCarty
The New York herald., 1876-02-09
ESSEX MARKET POLICE COURT.

THE COURT VS.. HEADQUARTERS.
James Taylor, of No. 81 Chrystie street. a very re-
spectacle young man, arraigned on the complaint
of Patrick Moran OF No 34l Greenwich street, for
highway robbery. On examination It was proved that
the prisoner not the complainant at tho time
of the alleged robbery, and there being evidence
against him he discharged. The complainant was
fined $40 for being intoxicated. The prisoner was
taken, handcued through the streets from the Seven
teenth precinct Headquarters where his photograph
taken. He then taken back to the court
Judge oucrbourg informed Onicer Butterfly that ac-
cordng TO the law the prisoner should have first been
taken to court and then If held he might be taken TO
Headquarters, In his opinion IL was an outrage to
take innocent man through the streets to Headquar
ters take his photograph and then send him TO court
BURGLARY IN EAST THIRTEENTH STREET
John Gallagher, alias Morris Long, William Frederick
and Robert Abbott, broke into the house of Henry
Frcss No 603 East Thirteenth street. and stole Bblo
and clothing in all valued at $3.50 boy named
James McCabe living at No 404 East Eleventh street,
with them aud kept watch while they committed
the crime McCabe subsequently arrested for
petit larceny, and when brought to court confessed
his part in the serious crime of burglary Acting
on his information detective OF the Eleventh precinct
arrested the three burglars named above at their
boarding house. No 700 East Eleventh street. and also
succeeded in recovering the stolen property. The
prisoners held in 81, 500 each to answer, and
McCabe remanded back 10 the Tombs but his trial
Speciai Sessions will be postponed to allow him TO
testify against the others
The New York herald., 1876-02-09
AN ICE TRANSACTION.

The Knickerbocker Ice Company entered into
contracts with J. W. Kemp h Co., the first in lso4
md the second in 1862 for the sale delivery Of
Two thousand tons were TO be delivered under each
tract IN 1870 the ice to be delivered daily, Sundays
scpcd from the company's derot In this city, and be
sold by Kemp Co in their retail business at such
price or prices the company might establish for
that year. and which subsequently did establish The
ice company however reserved the right to cancel the
contracts if Kemp a Co. should at any time sell all
,r any Of such ice otherwise than at retail 10
consumers tor consumption. In each Of tho
contracts there provision that in case Of the ina
biltv OF the ice COMPANY to Law in full supply OF ice
The New York herald., 1876-02-09
POLICE COURT NOTES.

At Essex Market Police Court yesterday Charles
Wagner OF No 240 Stanton street. held in $500 to
for stealing $40 worth OF clothing from Herbert
l.. Frcizc, OF No "a East Broadway.
Christian Mackcy aged seventeen of No. 20 Norfolk
street. held 81 SEQ bail for stealing $50 worth Of
clothing from John Mackay OF No. 20 stanton street
Frank. .Gannersdoe1er, OF No 100 Bowery the 'VoIks
Garten," was charged with violating the law of 1861,
which forbds liquor being sold during theatrical per-
formances
Two members OF the typographical Union, James
Quigan and Samuel George, charged before Judge
BxDy yesterday, with attempting 10 break into the
private Office OF The secretary The dismissed
because of insufficient evidence.
The New York herald., 1876-02-09

simple stay and appeal from the order Then the
Court Of Common Pleas should have adludca.ea upon
tile alleged lien and have rcmitted the party 10 hs
We cannot direct payment, there Is no fund IN
this court and We cannot make AN order against sur
plus moneys IN the Common Pleas suit Here, again.
there has been no appeal from Judge Larreinore ,
order. SEQ no way Of aiding the attorney TO secure
the payment OF these costs and regret u the iess as
this suit was wholly unnecessary. and was evidehy
brought entirely tor casts. Motion denied
Buckley VS. Havcmcyer 1t is by no means clear
that the transfer OF the control of the Long lsiand
Railroad Company persons interested in other roads
would be Injurious TO its stockholders, but il is ex-
poitly denied that any agreement such transfer
has been made, and Mr. Henry Havemeyer states that
no agreement has been made for the resignation or
election of directors The case therefore, is not within
the principle aid down Fremont Stone az
Barber, 1891 At present there Is ground for
equitable interpostion. II will be time enough TO
proceed against the present future directors when
they do act prejudcial to the interests OF the
stockholders. The motion continue the injunction
must be denied and the temporary injunction dissolved,
with $40 costs
SUPREME COURT SPECIAL TERN.
BY Judge Van Worst
Levy VS.. Curtis ct al Judgment for plantn on de-
murrer with leave defendants TO answer on terms
Wills ct al VS. Simmonds OF aL-Judgment for
plaintiff on the first set forth in the complaint
and for the defendant on the second cause Opinion.
Wills ct al VS. Smmonds ct aL-Judgment for plain
tiff the demurrer
SUPERIOR CoURT-sPEcIAL TERM.
BY Judge Sanford
Brown VS.. Schwoon ct al.-Let the order as within
amended and settled be engrossed presented to
Sias VS.. Wintcr-Moton TO vacate order OF arrest
granted, with $40 costs.
BY Judge Spcir.
Fowler VS. Kuron.-Case settled.
BY Judge Sedgwck.
Parft vs Facknor ct al.-Referee's report confirmed
and judgment OF foreclosure and sale
Archer VS. Leubuschcr; Coursan Boyce; Water
VS.. Morgan ct al; Harlem Bank VS.. Hanson;
Brown Schwoon; Hershcl Speyers ct al; Herr
berg Murray; Muller Elliott Martens ct nj
Martens ct al Fielding VS. Waterhousc; Atlantic and
Pacific Telegraph Company VS.. Barnes ct al Orders
granted
Prime VS. Twenty third Street Railroad Company
Order settled.
sponord Texas Land Company.-order as set.
tied to be engrossed.
COMMON PLEAs-sPECIAL TERM
By Judge Robinson.
p Sutherland vs. Suthcrland.-Decree of divorce de-
MED.
Berdux VS.. Berdux.-Judgment Of divorce granted to
plaintiff.
Brady Brady-Motion denied, with $40 costs.
Opinion.
Kissick VS. Gilmour-Findngs settled.
The New York herald., 1876-02-09
POSTAL NOTES.

Postmaster James reports that the following mails
were sent yesterday by steamer Montana, for
Queenstown 3 113 letters and As bags of newspapers
Liberty Cenuegos 256 letters and bags of papers
Ashland for Nassau sos letters and bags Of papers
City of Merida for Havana 500 letters and bags of
newspapers Total A. 534 letters and 53 bags of news
papers The following the report OF mail matter
vered collected by the letter carriers at the New
York Post Occ and the expenses incident thereto for
ho month of Januarv lS76:-
The New York herald., 1876-02-09
CUSTOM HOUSE NOTES.

Yesterday Deputy Collector Phelps, OF the ninth
division of the Custom House. caused the seizure Of
number OF English books imported by g. A. Leavtt for
undcrvaluaton. The matter is in the hands OF
United States District Attorney Phelps
Mr. Hale, the newly appointed Supervising Treasury
Agent OF this city, informed HERALD reporter yestcr
day that he had decided TO make changes IN his de-
parmcnt Tor the present IL is reported that his pred
eccssor, Colonel f. f. Howe will shortly be appointed
TO foreign consulate.
The New York herald., 1876-02-09
PAYING CENSUS ENUMERAToRs.

The Comptroller is now paying the census enumcr.
ators for Assembly districts Nos. to Is inclusive
Payments will be made daily ofthe remaining DISTRICTS
numerically,
The New York herald., 1876-02-09
CONTESTED WILL CASE.

The following Is the day calendar for Wednesd
February 0:-Nos. a. Is 1O, 192, 1917, 1885, 62l. 81.
, 1876-11-27

Ouco moro Gov. CHAAnEnIA1N, Of South
Carolina, las cnllcd upon tho President Of
the United States for assistance in maintain
ing his authority rs Governor, and tho Pfcsi-
dent has complied with the request, as lo is
bound by tho Constitution to do. The man.
1lcr OF this compliance, however, is such MS
to give ample assurance tint tho Government
has no intention Of interfering with tho set
tlemont of tho pending question, Who is TO DO
tho next Governor Of South Carolina? In
tho ,nnguage Of President GaANT, CMAssDEn-
LAIN is nolc tho Governor "boyond any
controversy" aud rornait,s SO until his suc-
ccssor "sllrll duly andlegally inaugurated."
Gen. nuoEn is simply instructed to assist
the present Chief Executive Of tile State in
supprcssing domestic violence aud in main
timing q republican form Of government
In South Carolina,
, 1876-11-27

4 letter from New York, which we print
this morning, tells Of tho business stagna-
tion wllicl, prevails in the metropolis be-
cause of the uncertainty md favorish up-
casiuoss folt in connection with tue Presi-
Dental question. Tho bad olemout of New
York politics is so,,rco Of constant appre-
Lonsion and disquietuao on tho part
Of tie businessmen, who hive
learned by experience that the material
composing T1LnEs's 10000 majority in New
York and Brooklyn need but small provoca-
tion to inaugurate an era Of bloodshed md
pillage. And Gov. Tt1pES refuses to speak
the word tint will rostore quiet and conf
denco; refuses to give tho assurance TINT
Gov. HAYES Inns givon: That he cannot nf-
ford to, aud will not, accept tho Presidency
at the price Of single Electoral vote fraud
ulently or unlawfulIy obtained.
, 1876-11-27
THE COOK COUNTY HOSPITAL.

The disclosure of the brutal abuses in tho
management of tho Cook County Hospital
which waa made In TIrE TRIBUNE OF yester-
day ia 30 Startling and horrible that there In
daugor Of it's boing received as fanoiful
skotch, or Mt best q gross exaggeration. 1t
is proper, therefore, that wo salou!d aHsuro
tho public TINT VIC have every reason to re-
gard the statements as literally true. Tho
writer of tho nrticlo is tho aan,o whose na1ne
is signod to 1t, GEoEoE G. OMEN. Ho is
professional shorthand reporter, Inns been
connected with prominent newspapers In Eli
gland, Canada, md Chicago, and is M OK
psrienccd observer. IIo did not onter the
Hospital, as tho "A,nateur Casual" Of E,,-
gland mnao tour of tho London work.
houses and lodging -houses, for tho purpose
Of exposing tho ab11ses, but went there q
sufferer from a chronic and inherited disease
for treatment anl relief. 1Io is today liv-
ing, barely living, example Of tho starya-
ton syatem under which tho County
Hospital Is run, and tho two weeks
he passed there may yet cost him
his lfo. Ills atatemcnts ara strongly forti-
fed by tho facts OF Ills own condition, by
the previous exposures made by less acuto
observers and less slillful 4'acoateurs, md by
tho citation Of patients, nurscs, doctors, and
oisicialH by proper na1nos. Tic narration
can scarcely fail to direct such public atten-
lion and excite such public Indignation rs
will compel at least tho Introduction Of con,-
mon humanity aud common decency Into the
management Of this Hospital.
, 1876-11-27

Il6 AQQuuA 4 kHttSt Ill AI t4lk4GlU uppt4 Uu1
Presidential election, gaya:
ncw President will be- designated for the u.s.
sumption OF authority at tho Wh1te House In Merch
ucxt and hls allies will at begin to busy them
selves With the pleasing and tantazing occupation
Of Cabnet.maklng The change is much creator
and more abiding IN fts consequences than that
which happens In thts country when Ministry Is
defeated and resigns and glvo place 10 an Admins.
tratlon tnkon from tho Opposition, Here thu Eayo.
lution Ia only In ths higher political olces, and the
permanent officials from tho Under Secretaries Of
State down to the letter. carriers Of tho Port Oce,
may be- indifferent to tho shifting fortunes o! par.
tics. Hut In tho United Btatcs tia defeat Of =
party which has held possession Of the Executive
threatens eviction to every olce.ho!dort from tho
highest tu the loweaL
Tho paragraph which we have quoted
above ut once suggests comparison botween
tho Civil Servioo OF our own country and that
OF England. Aa the 1iiaes says, tho defsat
OF party in this country threatens eviction
to every olllco.holder, from tho highest to the
lowest. Had wo tho English system Of Civil
Service, however, the result would be en-.
tirely differont. There would be . change
In tho Cabinet and in tho hoads Of Depart
ments alone. In Chicago, for instance, there
might be change Of Postmaster, informal
Revenue and Customs Collectors, and Dis
triot-Attorney, and with thom the changes
would stop. perhaps, all told, thero would
bo change of from 300 to 500 out Of the
GO, 600 persons holding offices in the employ
ment Of tie Federal Government. The rank
and file Of the suborlinasea would remain as
they arc. 1n England, having originally
beon appointed, after examination, upon
| grounds Of ability and character, they hold
| their Offices through LIE, the Qply conditions
, 1876-11-27

Tho elections OF 1877, 1874, and lb16 III
tho so-callcd Cotton States indicate beyond
ali question the impossn,ility Of maintaining
successful Republican party in those
States 80 long as the organization consists Of
handful Of whito 'carpot-baggora in each
county aud tho MACS Of Republican votora
all black. It seems to DO immaterial that the
colored people arc in minority in precincts,
counties, districts, or States. the result np-
pears to be the same. Thoy are over
Bhatlowed, oyerrulcd, coercod, or intimidated
by tho class which hna tho wealth, educn-
tion, mud tho land, aud which employs nll
the labor. It ia almost demonstrated be-
yond question TINT tho late slaves arc in
capable of self-defonso ngainst tho whites,
aud it ia at loast doubtful If they over will
be able to assert mud maintain thoir political
rights without whito protection. This pro-
toction must como from tho military arm Of
tho National Government, or it must como
from tho resident white population of these
States
Tho military protection furnished by the
United States is poor ut best, aud Is opposed
by the general prejudice Of tho country,
which has always boon sensitive aa to Exeou-
tive interference In political matters, aud
especially sensitive as to employment Of
military forcoa in nny way relating to State
elections. 1t is true, ali this prejudice origi-
nated long before there was any cause for
such interference. Until tho country, as q
matter of solt.dofonBe, enfranclishod tho
freedmen and made thorn voters there was no
| necessity to interposo armed Federal force to