davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1876-11-23
THE COURTS.
EDWIN BOOTHS RIGHTS.
A SUIT TO PREVENT THE USE OF HIS NAME FOR
Arsfto rrfp aTIp

A SUIT TO PREVENT THE USE OF HIS NAME FOR
BOOTHS THEATER.
The suit of Edwin Booth to prevent Jarrett
& Palmer from continuing TO the name Booths
Theaer for the building at Twenty and Sixth
ave- came to hearing yesterday, before Judge van
Brunt, in Common Pleas, Special Term on motion tor
preliminary Injunction Mr. Boae case, as stated In his
complaint that by work in his profession no
has achieved a reputation which he thinks valuable.
and as continue in his profes lion that repu
taon is pecunIary important to him. In 1867 ne De-
came owner Of the land on which he built tne
present theater being for time proprietor and man
ager 1t was called Booths Theater because OF his own
ership and because he believed his name, coupled with
the fact OF his ownership would be of value to him. In
November 1873 being financially embarrassed ne trans
erred his property Clark Bell for the benefit OF MS cred
ors and in December 1874 it sold for the benen or
his creditors He intended TO have his name at
tached to the building longer than ne himself was con-
nected with n and certainly not when the use OF his
name might interfere with the profits Of his work at
other theaters He never granted any license TO any
person to use his James II. MoVieker makes ati
davit that the use of the name Booths Iheater
is calculated to deceive and does deceive the public,
and to induce them to believe that MI Booth Is
interested in that theater engaged there or respons
BILE for performances conducted there he KNOWS OF
several such instances Mr. Booth has arranged tc aet
elsewhere and continuance of the use OF the name
would give Jarrett & Palmer great benefit from Mr.
Booths reputation, and Mr. Booth was aDle 10 snher III
his reputation.
L. A. Lockwood Mr. Booths counsel argued at length
that the name in the nature OF trademark which
no one except Mr.. Booth had a right TO use.
B. f. Russell for the defendants claimed that Edwin
Booth in 1873 leased his theater 10 his brother Juns
Brutus Booth who took possession and held the
property until 1874, when he assigned his IN
terest as manager to the defendants confirm
ing a second source Of title coming directly
from Edwin Booth. The defendants had since that time
been in possession In all the transfers the property
was described as Booths Theater," not as Edwin
Booths Theater. Whatever Mr.. Booths reputation,
there were other BOotns-his father, mau OF great
lis
even ]. Wilkes Booth, all great actors.
Whatever right Edwin Booth had TO the name trade
mark he sold 10 IN mis- assignments IL did not appear
that he had suffered any pecuniary loss. Under hs
management In, ludng his personal acting tue theater
was as pecuniary enterprise failure. and un1er
Junius BIuus Booth equally failure, wblle
the defendants, by wideIy-eXtended adveitls,
ing, by skill and energy, had acleyci
success. Mr. Booth had than expressed him
self pleased with the Ge!eDdants success aud the de
PENDANTS had right 10 change the name |lthOut tne
assent of the owner ~ thT tbeater.
The Court reserved It's decision.
New-York tribune., 1876-11-23
rrr sAMAR1rAN .noME FoR THE AGED.

The Samaritan Home Tor The Aged, an eN-
celeu institution forced appeal for the hrst time IN
It's history to the charitable public for aid It's object Is
to care m the aged and worthy of both sexes and
OF all Protestant denominations II appeals especially
TO those who are themselves old, and though blessed
with abundance fully appreciate and pity the suner
ins of the poor The institution with the exception OF
about 5000 from the city, entirely dependent upon
voluntary contributions for its support The Home at
No 44 West and is always open to the
inspection Of the public who cordially invited by lis
managers to visit it, There gifts Of any kind will be
gratefully received when in money can be sent TO the
Treasurer Jas. j. Higgnson, of No p Plne-st'
New-York tribune., 1876-11-23
THE MUNICIPAL APPOINTMENTS.
NO CHANGE IN THE PROSPECT CONCERNING THE
Nrw CONTROLLER AND CORPORATION COUNSEL

No CHANGE ~ THE PROSPECT CONCLkNINH The
NEW CONTROLLER AND CORPORATION COUNSEL
Under the Charter of 1878, reOrganizing the
municipal departments The term OF office OF Controller
Green's successor will he four years. MI Green was
appointed on Nov 90 1871, under a former act which
fixed the term at five years The new Charter continued
him in Office until the expiration OF his term. 'Ihere
were no indications yesterday in the CITY Hall of any
change in the purpose the Democratic party leaders
as to the appointment OF john Kelly to succeed MI
Green 1t seemed he well understood among the To-
cal politicians generally that Mayor Wickham would
nominate Mr Kelly Monday next, and the Board OF
Aldermen would Immediately confirm the appointment
The term for which William G. Whitney was appointed
Counsel to the Corporation VIII expire Dee 81 MT
Whitney appointed for the uneXpired term OF ~
been agreed upon without opposition His new term
will be
New-York tribune., 1876-11-23
A JEALOUS woMANs CRIME.
PROBABLY FATAf INJURIES INFLICTED UPON WHITE

Martha White, colOred woman, of No. Sc
ThOmpson-st, has had coOred lover Of whom she has
frequently been jealous Early yesterday morning she
heard that he in company with white woman
named Lille Marshall of No. 532 Broomest and going
to that place discovered him there. She asked him to
accompany her home. and the white woman urged him
10 remain He said he undecided what TO do Then
the began TO quarrel. The coored woman sud
denly drew from her pocket and drew the blade
across her antagonists left cheek laying it open from
the side of the head to the chin The small veins
severed and the blood spurted the man and the
colore woman. The injured woman sank TO the floor
and cries assistance drew the spot anlber OF
escaped In the confusion but Martina White was arrested
and locked up in the Prince Street Police Station Dr.
Cook attended wounded woman and found that the
blow had severed the bonesi the cheek
and side Of the head ThA lnsA from blood had been
New-York tribune., 1876-11-23
DANIEL DREw's REPUTATION.

In the suit against Daniel Drew in the 'Su-
preme Court Brooklyn Mr.. White, the plaintiff tes
titled yesterday that he had never heard the counter
claim of S57 900 mentioned in his conversations with
Mr. Drew in 1879 William IL. Marston said that he had
known Mr. the street for 10 years. and that his
reputaon was bad. Samuel B0ocock thought that Mr..
Drews reputation good or bad just as his friends or
enemies spoke OF hun. Personally he should accept his
yeracity ExJudgo W. IL. Leonard testified that he had
never bir Drews character questioned In ID years
aeouantance with him. Waiter o. Nelson aud Horace
Manuel also said that the DEFENDANTS reputation was
good Judge Barnard directed the jury to return sealed
IIn1
New-York tribune., 1876-11-23
ANOTHER DECLINE IN COAL.

SALE OF 100000 TONS OF SCRANTON COAL.
Another large auction sale of coal took place
Yesterday resulting in heavy decline in prices The
Delaware, Lackawanna and Western Railroad Company
sold 100000 tons OF Scranton coal, through John H.
Draper Co.. at prices ranging from 12h to 524 cents
below the prices obtained at the October sale by the
same company. The sale OF stove coal opened Mt 80 60
ton, hut soon fell to So 52l2, at which price large
portion of it was cold Just before the close the price
was run ND 10 So 55 then So Co. 50 67l, 80 20, and
finally 50 72i2 The first sale of chestnut coal was made
at So 572 from which figure the price dropped rapidly
following table Indicates the prices Obtanedat ODOken
10 be delivered during December:
New-York tribune., 1876-11-23
THE MIDLAND RAILROAD AGAIN IN COURT.

I'm the case Of John G. Stcvcns and Others
against the Ncw-York and Oswego Midland Railroad
Company decree Of foreclosure was rendered OCT =
1876 directing that out Of the proceeds OF the se Oh he
road ~ 300 900 should be appropriated to pay the re-
ives certificates and about 100000 to pay the pre-
frred coupons Bondhoders OF the road represent Ing
S6OOOOOj, yesterday applied to Judge Blatehford IN
the United Circuit Court for leave to appeal to the
limited States Supreme Court The caso was argued by
/, n Baugs for the bondhOldcrs, and by William NJ.
varts for the holders OF the receivers ccrthcates
Iudge Batchord reserved his decision. As the right
fo appeal expires next week. the decision VIII probably
bc rendered within "A few days.
New-York tribune., 1876-11-23
DISPOSITION OF THE ClTYs REFUSE.

At a meeting of the Board of Pilot Commits
sioners on Tuesday the committee appointed to confer
with the Police Commissioners relative to the dumping
of sreetsweepings, &C. in the reported that the
plan proposed by Capt Snow had received the approval
Of the Police Commissioners This plan 10 build thrco
large selfpropelly iron scows, capable OF carrying
600 tons each and which shall he able 10 90 TO sea nj
any time except during gale. Each scow VIII not Draw
more than eight feet of water and VIII d. managed by "a
crew of five men instead ~ - present required
the load being discharged at by means OF movable
bOttOm BOfh boards, 10 il stated, have agreed 10
apply 10 tho Board Of Appor0ument for sum sufficient
TO carry out the proposed plan.
New-York tribune., 1876-11-23
A SHIP TowED BACK TO PORT DISABLED.

The steamship Cortes arrived from Sayan-
nah yesterday aei rough passage. Thirty miles south
Of Cape May she the English ship Wilmington which
left this port Nov 10 for Liverpool in disabled cond-
ton She had encountered severe gale, which lasted
about an hour The had swept her deck, carrying
away her bulwa Ks and stancheons, smashing In her
cabin doors and filing the cabin with water During the
gale her cargo shifted causing her 10 lay over so much
on one side that could proceed and her mHzen-
mast had To be cut away. The Cotes took her IN low
and brourht her 10 the city. Her cargo grain ana
cotton No lives lost. The damage TO the cargo
has not been estimated yet.
New-York tribune., 1876-11-23
c.prtrpr OF DARING BURGLAR.

was sitting in her roo at No 15s East Thirdst when
two men entered. They gagged her, placed bandage
over her eyes, tied her hands behind her back and one
held her upon the floor while the other proceeded
10 rifle her bureau she shouted for help, notwthstand-
ing their threats kill her If she did not stop her noise
Finally becoming frightened, they He'd without securing
any. plunder. Capt McCulagh OF the Fifth street
Police station arrested Of the men, jacob Irnei
or Nov 10 A. the Third District Court yesterday ne
was committed in default OF 10000 ban, MIS- Becker
having recovered sufficiently from her Injuries 10 DC
present and identify him. George Massett and Andrew
Braun who were arrested at the same time as Irlninol
were aso committed III default OF $4,000 ban each as
New-York tribune., 1876-11-23
SUICIDE From FEAR OF POVERTY.

Joanna Biza, age 43, a homeless woman, at
tempted to commit suicide early yesterday morning by
cutting her throat with pocket-kue She has been ont
OF employment for time. and mad become discour
aged. She was removed 10 Bellevue Hospital. The
woman is native OF Bohemia, and in her own country
attempted suicide before. She was found by the In
mates OF No 22A sccOnd-st In their hallway, with her
throat cut and her wndpipe severed bleeding proiuse
l and with knife by her side Medical attendance was
obtained and she became conscious She thc stated hat
she had the deed herself There Is little probability
her
New-York tribune., 1876-11-23
WATER IN ABUNDANCE.

Allan Campbell, Commissioner of Public
Works. said to TRIBUNE reporter yesterday that all
danger of scarcity of Croton water had passed away
The aqueduet full and the water running over
the Croton Dam The depth OF water in the reservoirs
was steadily increasing Ho had been Obliged during
the drouh TO take every precauton to protect
the people of this city from the danger and Inconvenience
OF water nmine. IL had cost considerable money, but
e believed the money TO hayo been well spent III the
failure OF rain had continued until December, serious
trouble might have ensued.
New-York tribune., 1876-11-23

The Delaware and Hudson, Pennsylvania. and Della
ware. Lackawanna and Western companies VIII prOba
bly make reduction of 10 10 per cent in miners
wages the first of next month. The Philadelphia and
Reading Company will continue the present prices until
Jan J. when IL intends closing It's mines for several
weeks at The contract with the miners employed
by the Lehigh Valley Coal Company by which the miners
receive certain percentage of the market price OF the
companys coal Will not expire until JAM l. 1877 and
conse0uently no change will be made in their until
that time After a reduction of 10 per cent has been
made in the wages Of coal miners II is stated they Will
receive much better prices for their work than they
paid before the
New-York tribune., 1876-11-23
pAYIya rNIrEp sTATEs ELECrION oFFIcERs

The special deputy United States marshals
and supervisors who served the late election will be
paid for their services to-day aud the succeeding DAYS
until next Wednesday the office OF United States Mar
shall Fse. The marshas aud supervisors from the Ist
Id HID and WITH Assembly Districts will be paid to-
day; those from the Yth With. With With, and IXth
on Friday those from the Xth. XIth, XIIth XIllth,
XVIII and XVIII, saturday; those from the XVIII.
XVHth, XViIItb, and X1Xth, on Monday; those from
The XXth and XXlst ON Tuesday The marshals de
tailed duty At hendquarcr aud a others not Other
wise classed, will be paid ON Wednesday next.
New-York tribune., 1876-11-23
INSURANCE MANAGEMENT IMPUCNED.

lNSl lkANNE MANApEhIDNt ihi NC-'''H'
CHARGES IN A SUIT AGAINST THE UNIVERSAL ILFE.
An action affecting two insurance companies,
especially the Universal Life, has been brought by
william g. Carlisle and his wife, William Butler acting
as counsel This hardly yet suit since summons but
no complaint has been prepared but is n preparation
for suit in which the Guardian Mutual Bfe Insurance
Company. Vim. 5. Opdyke, Sheppard Domans, the UNI
versal Life Insurance Company, and Henry Furoer are
TO be defendants. has beeu in court motion to
compel defendants Homans, Opdyke, aud Furber to
testify in order to enable the plaintiffs to frame their
complaint There are two afdavts, both by Mr. Car
lsc on which an order for the examination OF these
gentlemen has beeu made by ChiefJustee DAILY OF the
Court OF Common Pleas.
The allegations of both afdavits are In brief as fol-
lows: Mr. Carlisle insured his life with the Guardian
Mutual Life Insurance Company two policies for the
benefit OF his wife, these being policies participating in
profits In September. 1871 one policy was surenoefcd
for a paidnp policy for 5000 payable In 1879, and IN
1874 the other surrendered Tor paid,up pocy 9f
pating policies Tho Guardian Mutual lAie insurance
Company the plaintiff says, has become iSGxehI Nv ana
under TWO agreements the UElTersai Lue Ihstr-
Company has assumed IT'S poiloes lOr lts
cS@pSnv was to insure so per cent Of the Guardian
Conpauys risks for so per cent OF It's assets, just De
fore the Guardian Company reported us assets al
S3o76OOO. Its next report placed It's assets AT
SGs3 6GG. Then followed the second agreement aicr
which its assets were given at el2o.ooo, III tle & TWO
at SO 232 500 2s and S66s $50 1in all sS,90l i39 ~
which tho plaintiff believes TO nave Deen palu 10 the
Universal Life Insurance Company go
The plaintiff alleges that this transfer Will de de.
prve him of his right to share in the prohts
secured to him by his policy, and that 1t Is Illegal
that the assets transferred in danger OF Being
snuandered and pndered 10y the officers and managers
OF the Universal that the have 1een 10 great
extent lost disposed of, and unlawfuy Appropriated Dy
the said Universal and by Its officers and managers lie
believes that the Universal Life Insurance Company mas
IN like manner absorbed six other companies thh since
January 1873 its reported assets have been sWeled
from $l,195Ol6 Ii 10 SsO0O,OOO that II Is managed
and controlled by Of bad financial reputiuon mtn
90
persons reinsuIed arc impered by their reputation
for bad and that the protection OF those
Interests requires the appointment OF receiver OF the
funds OF the former companies He therefore asks that
receiver pending the suit be appointed, ana hOuce Vi
such motion has been given.
New-York tribune., 1876-11-23
tendan in error and concIuded ny john n DYE or pan


No. Iosamael Jones appellant agt the City Of Pensa
cola. No ll1Edward Br0ught0n appellant agt the City
Pensacoa-These argued by Messrs Thomas a.
Jones aud Phillips OF counse for appellants and submitted
printed by L. C. YOnge for the appellee.
No.ll2-Samuel Smith ct al. plaintiffs In error agt Myrs
Clarke GaiEesThiS argued by James j.. Mott a
counsel for the defendant and submitted printed
arguments BY James Mcconnell for the plaintiffs In
No. 1l3-Danel H. Smith, appellant, agt The Goodyear
Dental Yulcante Co. ct aTbe argument OF this was
begun by Henry Baldwin,, IT, OF counsel for the appellant
The court then adjourned until to morrow.
New-York tribune., 1876-11-23
COURT OF APPEALS.
BANY, N. Y, Nov. 22.-In the Court of Appeals.

ALBANY, N. Y, Nov. 22.-In the Court Of Appeals,
Nov %, 1875:
No. 1.-THE sisters OF Charity agt Keley-Argued by Otts
Houdtz for appellants; A. Dee3ng for respondent.
No 57-oGorman agt The Mayor-Arguedbs By A j. Wander.
p0el for appellant; ID. J. Dean for respondent.
No. 29McGoveIn agt. n. Y. C. and G. n. R-ArEued by
Martin W. Cook for appellant J. H. Martndaie for respond
ent.
No. lSDitchet agt spuyten Duyyil and G R R-Argusd
by Frank Looms for appellants submitted for respondent
Proclamation made, and the Court adjourned
The following Is the Day Calendar for Thursday Nov g.
1875. Nos. So, l6, 80, 81, "a, "a. 81, 46.
New-York tribune., 1876-11-23

Fund Commissioners with only limited powers as agents.
could
The company claims that the contract was In he power
of ths Sinking Fund Commissioners; that y IS an exc
euted contract that the company has fdnca ls oVll,
cations and has parted with valuable pro 9ry on nc
faith of H. and tnat late and ia bad fah LOT INC
city now 20 seek TO alter 1t.
New-York tribune., 1876-11-23

great and It was believed that her injuries would prove
fatal sne conveyed 20 the Chambers street nos
pital where she hes in "a critical condition.
New-York tribune., 1876-11-23

LETTING WELL ALONE. "0h. Mary, the
wells got broke, and we can't get no water; and OH
baint IL prime Feyther says praps shan ave 10
wash for fsrtnight.-i London Fun.
New-York tribune., 1876-11-23

FORGED RAILROAD BONDS DISCOVERED.
TWO MEN ARRESTED FOR SELLING FORGED BONDS
OF TIE CHICAGO, MILWAUKEE AND ST. PAUL
ROAD.
Warren II. Herrick and William SwarDborn
were brought up az Tombs Police Court before JUS
ce Duffy yesterday upon charge of forging five bonds
of 81 900 each of the Prairie du Chen division OF the
Chicago. Milwaukee and st. Paul Railroad. HerricK
went TO the office Of Bates & Bostvck at No 81 Wall
at aat Saturday and stated that he had some OF these
bonds to sell Mr. Bostwick went 10 the office OF the
company and was informed, he states by Mr. McKinay,
transfer agent and assistant secretary that they were
genuine He then purchased them at 9S, ana sunse-
ouently sold them 10 Thomas Denny Co., VINO aseer-
tanned on inquiry at No 6S Wiamst, that they were
forged Detectives Sampson, duty in "ali-st' ana
DOYLE and Seck Of the Central Oniee arrested herFcA
and Swarnborn yesterday and they were cnafgeu WIN
forgery ON complaint of Silas B. Bostwlck Heriick
claimed that he obtained the bonds from Swarnborn ana
sold them in good faith receiving his commission S2o
swarnborn maintained that he was Instructed ny man
named Charles Wetherby sell the bonds and That for
his services he received $50 in the Asor House in pres
enee OF Herrick swarnbon required TO furnish
bail in 600 Herrick sent to the House OF DeteI
ton TO testify at the trial. in default of $1,000 bail
The bonds were printed from the eompany's litho-
graphic plates but tho seal which made by stamp,
was evidently forged and the signatures of the Presi-
dent and Secretary were imperfect and apparently
Gently written Under recent regulations Of the Stock
Exchange no Autographed bonds admitted for sale,
but the plato from which these bonds were probably
printed is Is years old Herrck is i'll business at No 20
Park-rOw, and gave his residence as BayOnne, N j..
swarnborn is retired merchant and resides at No 3lS
West Twenty-secQnd-st. They have been ON intimate
terms, il is stated, for over 20 years.
New-York tribune., 1876-11-23

FORGED RAILROAD BONDS DISCOFEhED'
TWO MEN ARRESTED FOR SELLING FORGED BONDS
OF THE CHICAGO, MILWAUKEE AND ST. PAUL
The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1876-09-01
The senate Cyphered Up.

NEW York, August 16.--The 1rsoups's 8
Washington correspondent figures mp the
probable standing Of the Senate under the
new administration. He concludes OF Sem
ators holding over from the 4th Of March
next, twenty-seven are Republicans, nine
teen Democrats and one Independent
fBooth.) There are two vacancies, one
from West Virginia and one from Louisi-
ana. Adding the Senators already elected
FOR the term beginning the 9TH OF March
next, the Senate stands thirty Republicans,
twenty-three Democrats and one Independ-
ent (Booth.) Counting Colorado, there
are twenty-five Senators Jet to BE- chosen.
dependent on elections coming Off in the
fall. In order to secure 4 majority Of one,
the Democracy must elect ten Of these
twenty-two, and they have the following
states to select from: Maine, Massachn-
setts, New Jersey Delaware, North Caro-
ina. South Carolina, Georgia, Alabama,
Louisiana, {two), West Virginia, ftwo),
Illinois, Michigan, Tennessee, Arkansas
Kansas, Nebraska, Minnesota, Oregon, and
Colorado. III win thus b seen that y y y
almost certain the Republicans Will control
tne senate FOR Tie first two years " the
new administration, but III very slim
majority.
The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1876-09-01
Metal Productions of the West.

Nevada, the silver State, is pouring out
daily s1s5, 900 in silver, $4,000 in gold,
5000 in lead. and $4,000 in other metals.
making yield of $4,000 daily, or $685.
900, 900 yearly. ~
California is producing daily about $40,-
900 in gold, $4,000 in silver, $4,000 in
quicksilver, $1,000 in lead and copper, ST.
600 in coal, and fully 5000 in iron, anti
mony, zinc, and other minerals, its total
yeild is therefore SO, 900, corresponding to
an annual product from its mines Of $23, y
SOC, 900. et
Colorado is producing $4,000 in silver
every twenty-four hours, $4,000 in gold,
and $1,000 in other minerals, or S26, 600
daily; or 81, ,0O0, 600 yearly. e
Utah is credited with daily output Of
$4,000 in silver, $1,000 in lead, $4,000 in
other minerals !; $4,000 perday. OF 90, 9oo,-
900 per year.
Idaho, Montana, Oregon, Arizona, and
New Mexico together, are turning out each
day ss0,0O0 in gold, S17, 1000 in silver, and
$500 in base metal, giving total Of $ss, :
500 each day, or ST., ,55o, Geo annually. - Uta1
Miner, dug. 21.
The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1876-09-01


The first wire or working rope which
is to connect the tower Of the East River
Bridge, was hoisted yesterday from the
river side to the Brooklyn tower. After
being taken TO the top OF the tower the
wire was let down On the land side, and to-
day viii be made fist to the anchorage.
The wire is ], 800 feet long. and weighs 3,
$50 pounds. When III position ii viii form
an endless cable, and win sustain Oh one
side tho wooden cradles upon which the
men are TO work A similar endless cabla
viii be stretched between the northern ends
of both the towers. The wire hoisted yes-
tertlay IS intended To connect 10 the south
ern ends Of tho towers Ii the early part
Of next week the working rope hoisted to-
day will % carried over the river Cd d seow
10 the New York tower. The rope will BE-
paid ont into Tho Water and allowed 10 rsst
on tlle bottom out of the way of passing
vessels until the preparations fur hoisking
II On the New Yorx side are comp
n. 1imsa, 11tf