davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-01-27
RAPID TRANSIT.
MEETING OF THE COMMISSIONERS TO CON-
FIRM THE ROUTES.

MEETING OF THE COMMISSIONERS TO CON-
FIRM THE ROUTES.
At eleven A. NJ. yesterday the old chamber OF the
Board OF Aldermen was thronged by solvent-looking
men, who for the most part had come together to op
pose the action Of the Rapid Transit Commissioners
and protest against what they deem the encroach
ments OF The elevated railway companies II had
been previously announced that this sitting of the
Rapid Transit Commissioners would be public one,
and as thought that the representatives of real
estate interests along the proposed routes would state
their objections, number OF sghtseers assembled in
anticipation of lively time.
Commissioners Oliver H. Palmer, Edward T. Id
renee and Everett p. Wheeler present Mr.
Palmer presiding. Judge Emot appeared for the New
York Elevated Railroad Company Wheeler H.
Peckham, John +. Parsons and n. B. Crane for the
propcrty owners and James X. Hartshorn and John c.
Hamilton represented special estate interests The
President of the commission opened the meeting with
a rtsume Of the history OF tho Rapid Transit Commits
sion with Its constitution and the statute under which
IL was appointed He stated that the law compelled
the Commissioners TO obtain the permission OF the
property along the routes before finally deter
mining them that all reasons advanced why the road
should not be located as previously decided would
ceve due consideration, but that the Commissioners
arc empowered to overrue objections II they conclude
that the proposed routes are good ones.
Mr.. A. b. Cranc here stated that he appeared on be-
half of tho property owners Eighth avenue above
Ninety second street. opposition TO tho change of
the Elevated Railroad from Ninth TO Eighth at
that point He said that in the bill empowering the
company to extend their road Ninth avenue was ex-
prcssly mentioned as the route, and that the Commits
sioners OF Rapid Transit had authority permit
change 10 another avenue the residents OF which
avowedly opposed 10 such He said that all
the property owners had general objections TO tho
change Gut that each one had special and in many
cases very cogent for refusing tolerate it,
and he thought that they deserved hearing
Mr. Palmer replied that the commission had given
the matter their consideration and would be willing TO
listen to all valid objections The rest OF the session
was occupied by counsel discussing the order of pro-
cedure be adopted in presenting the objcclors state
mcnts and finally agreed to defer Till morrow docd-
ing whether they should be submitted orally or in
writing. The commission then directed all the objec-
and appointments OF counsel to be lcd with the
secretary Mr. Lewis before Monday next Az adjourn
mcut was then made till tomorrow at elcven o'clock
A. NJ, when tho argument touching the reception Of
sfatcrnenfs will be resumed.
The New York herald., 1876-01-27
THE COURTS.
The Law as to Gold
Tran actions.
More SkimiShing Over the Duncan, Sherman
& Co. Orders of Arrest.
litigations Growing Out Of the Wreck
of the Atlantic.

In the Superior Court yesterday, before Judge Mo-
nell, John A. Macpherson, a stock and gold broker
brought suit survivor Of the lrm OF J. o. Davis Il
Co., against the firm Of smals Bacon commission
merchants. The paintll claimed that in March, 1868
at the request of Mr. Smalls he rendered an account
covering transactions in gold Mr.. Macpherson test-
lied that objections were made to this account
but that the defendants promised TO pay it, and did pay
portion Of the The defendants on the con
trary testified that no account presented and
tha no promises were ever made TO pay any what
The Judge charged the jury that IL they found
that an account was presented that the defendants
promised directly indirectly TO pay the Same, the
plaintiff was entitled TO The jury brought in
a verdict for the plaintiff for full amount Messrs.
Sullivan, Kobbe X Fowler appeared for plaintiff, and
D. Lord for delendants
The New York herald., 1876-01-27
AN EMINENT" LAWYER.

few days ago three Italians who keep peanut
stands on Eighth were arraigned at the Fifty
seventh Street Police Court before Judge Murray
charge OF keeping a disorderly house shanty in
which they keep kind OF bachelors hall" None of
them could speak English and therefore their attempts
at explanation were entirely unsuccessful Two were
discharged and the third, who the owner OF the
shanty was-coImtted 10 prison until ho should pro-
$500 bail for his good behavior for three months
Friends Of the poor Italian who believed IN his inno-
cence on account OF his general good character OBJ
tained his discharge Ii then transpired that Counsel
Tor Nesbi whose practice almost exclusively confined
10 this court, had obtained from the Italian $40
fee ior getting him discharged. He wanted at first
S1O0 but finally condescended TO take $40, although he
mad given no equivalent whatever for 1t. The matter
coming 10 Judge hurray's notice Mr.. Nesbit
dered to refund the money He promised TO do so
yesterday, but did not because Judge Murray not
able TO 10 court 10 receive II on account OF the
death of one OF his children Mr. Nesbt has threat
ened not 10 refund tho money II the matter is pub
ishcd The Italian Consul in that may have
thing TO say in the matter
The New York herald., 1876-01-27

would blow his brains out y his manner for the three
or four weeks preceding the tragedy very melan-
choly; be said II she would not come back and live
with him he would Jump oil the dock" The witness
gave further details OF the action OF tho prisoner
To the District Attorney-The uncle OF Joseph died
from insanity; he had physician before he died; he
not long sick; he took poison; he seemed to
crazy; there son OF tnat man who was in Flat
bush for three months and discharged when got
well; the prisoner perfectly rational for six
or seven weeks after the deceased lert
him the last time; when witness went into
the dining room, the Sunday he attempted sucide
she found him with the knife against his throat the
left sde witness had cut her finger in getting the knife
away rom him; the cut in the throat inch aud
half In length; piece OF court plaster put on
the wound, but no doctor was called in
The Court adjourned shortly after four o'clock I'll
ten o'clock this morning
The New York herald., 1876-01-27
FIFTY SEVENTH STREET COURT.
Before Judge Duty.
ARRESTED ON A REou1s1T1oN.

ARRESTED ON A REQUIsITIoN.
Bernard Moylan, who was remanded on Tuesday on
charge of having attempted to rob Mr. Stern the silk
manufacturer Of East Forty street. brought
up again yesterday. The evidence against him was
considered insufficient by the Court and Moylan was
discharged. He was Immediately rcarrested by Detec
tive Reilly, OF Headquarters, charge Of stealing
5000 in gold from person in Michigan
A BURGLARS NARROW ESCAPE FROM DEATH
A prisoner who said his name was James Lailan was
charged with having on Wednesday night broken into
the stationery store No 993 Second avenue owned by
Samuel Stenbrink He was in the act OF walking Off
with two valentines worth ST. when Stcinbrink de-
tectod him and fred upon him through the win
dow. At late hour last night he delirous, and the
doctors believe that though the ball did penetrate
the skull II may have cracked il.
The New York herald., 1876-01-27

Fendant within four days from date comply with the
Judgment OF the Court.
seaver VS. The Mayor. &c.-Moton denied for the
reasons stated in opinion.
By Judge Barrett
Papham VS.. Barreto.-In view OF the decision In
Lathrop vs. Clapp, 40N Y, 328, this question was
proper, and IT and all questions having similar ten
dency must be answered.
D.bblor vs. Atkinson Memorandum
Gibson VS.. Lawrence Motion denied
Bell vs. Bel.-Report Of referee confirmed and de-
cree ofdvorce granted.
Sherwood vs.. Sherwood d-Applcation denied.
Memorandum
Wetz VS.. Levi-Ordercd that tho defendants sure
es be permitted to justify the 3lst day Of January
1870 al hal-past ten A. NJ $40 costs OF the motions
10 abide tho event.
Rocbing VS.. Duncan.-Opinlon.
Mittnacht VS.. Mittnacht -Dec OF divorce granted.
Loshitz US. McCartie Motion TO vacate order OF ar
rest denied, with $40 costs
kothschtld VS. WateE-Judgment granted and refer
encc TO Petor b. Oncy TO sell. Memorandum.
Morey VS. Lienthal This order should be submitted
TO the plaintiff
SUPREME CoURT-SPECIAL TERM
BY Judge Van Brunt
Heilbrun vs.. Racy.-hcmorandum for counsel
SUPERIOR CoUIT-sPECIAL TERM.
BY Judge Sanford
Matter OF Harden. Memorandum for counsel
Holtz VS.. Sch.aidt ct aL-Motion granted. See men,
orandum of decision.
BY Judge Sedgwck.
Weston ct al VS. Ketchum ct al.-Fiadings settled
and nled.
Lemp vs.. Henebeck.-0pinion.
The New York herald., 1876-01-27
DUNCAN. SHERMAN n 90.

There was quite lively argument yesterday in the
suit Of Rocbling Bros against Duncan sherman * Co.
in supreme Court Chambers, before Judge Barrett on
the renewed motion vacate the order of arrest OBJ
tanned against the several members OF the firm, Mr.
Henry Morange appearing FOR the plaintiffs aud Mr..
Laroque representing the prisoners. Mr. Morange
asked 10 adjourn the account OF certain papers
not having been served Oh him. MI Laroque opposed
the application, claiming that II vas merely intended to
delay argument on the merits OF the question Tho
Court consented 70 adjourn the matter until Monday
next, at which time the argument viii probably be
heard Jodge Barrett meantime, has written an
opinion the appeal in the case saying that he would
open the order far 20 hear the argument
on tho merits but meanwhile the judgment shall stand
as security for the painls
The New York herald., 1876-01-27
THE BROOKLYN RING FRAUDS.

DEMURRER BY COMMISSIONER FOWLER TO
THE ATTORNEY GENERALS COMPLAINT.
Yesterday afternoon General Pryor, counsel for viii
liam A. Fowler in the Brooklyn ring suits served on
Mr.. Parsons, the attorney for the people, demurrer
to the complaint against him in the Hampstead
voir ana Third avenue sewer suits The document
follows:-
Supreme Court City and County OF New York-The
People OF the State of New York William a. Fowler
Edward j. Lowber, Archibald NJ Bliss, William c.
Kingsley and Abner G. Kceney.-The defendant Fowler
demurs to the complaint herein, for that TO him, II
is bad in substance and does state iacts sufficient
constitute cause of action.
Judge Barrett has not yet rendered decision the
motion OF General Pryor for change OF the place Of
trial TO Kings county. Attorney General Fairohd has
agreed that the argument Of General Pryor in Commits
sioner Fowers shall apply to the OF all the
doiendants The demurrer will be argued on the first
Monday in March
The New York herald., 1876-01-27
COURT OF APPEALS.
ALBANY, Jan. 26, 1876

ALBANfi JAN 70 1910.
The following were argued to-day
No. 140 Slater Acknowledgement resumed
and concluded
No. l4l Charles b. Frank respondent Vs. Gerhard
Vessels appellant-Argued by S Hand Of counsel for
appellant and by s. 5. Harris, for respondent
No. 359 Aaron Harris, plaintiff In error Tho
People, defendants IN orror-Argued by Ira Shafer. of
counsel for appellant and by b. X. Phelps, for The
People
No. 70 Byron Marks, respondant VS. Hiram J.. King
appellant Argued by 0. W. Chapman, of counsel for
appellant and by G. W. Hotchkss, for respondent
Adjourned.
CALENDAR FOR THURSDAY
The following is the cay calendar for Thursday
January 81 lS76-Nos &c. 90, 90, IA las, 1853, lis
The New York herald., 1876-01-27
Produce Commission Merchant
CHEAP CABS SUGGESTED AS REMEDY.

To THE EDITOR OF HgRALD:-
1t must strike everybody that the street cars are
totally insufficient for the wants of citizens and
that other means Of transit should be provided
Why does not some onterprising individual or company
run number of cabs at low rate Tho system as It
Is carried on in London might be adopted, and some
aain, cheap vehicc-say the Hanson cab-might be
used In nearly every city in Europe vehicle be
hired by the hour hfty cents. In London
you urTve two miles .Ivr twcntyhv cents. The
systom seems to pay, and why 1t should
not pay equally well in New York OF 1t could
not be done choapy here but it might bo done for
twice the amount, perhaps, or less.
Many people who travel daily in tho street cars
would such cab and IL is certainly worth paying
the extra amount for the greater comfort and TO pre-
the common decencies OF civilized life which
daily violated by the car companies TRAVELLER
The New York herald., 1876-01-27
WRECK OF THE ATLANTIC.

point interesting TO owners Of ships and vessels
was decided yesterday by Judge Shpman, OF the
United States Circuit Court in the suit OF Louis Levin
son against the Oceanic steam Navigation Company
otherwise known as the White Star line, to recover
some Sl2 600 personal injuries and loss OF baggage
by the wreck OF the Atlantic. Proceedings had been
taken on behalf OF the company in the United States
District Court Of this district under the act OF Congress
occasoned by the disaster the value of tho wreck
and these proceedings and the decree made in favor of
the company therein set up in bar of Levnso
Claim Judge Shipman held the plea good and d-
Tected the jury to tina verdict for the defendants.
The New York herald., 1876-01-27
A CORRECTION.

In the report Of the OF the would-be suicide
John Basthurst, yesterday the credit of saving the
drowning man given to the policeman on duty at
Fulton ferry. 1t now appears that he picked up
by Joseph Dttmer and Martin Hanson, OF the boat
Alaska who landed him at pier No II East River and
gave him in charge OF ofllcer. The say that
when they asked the sergeant in charge Of the New
street station house if he wanted the OF the boat
ho replied emphatically, mo" That was how the
police got credit for what they did not do
The New York herald., 1876-01-27
ToMBs POLICE COURT.
Before Judge Flammer.

BoIore Judge Flammer
FLEEcING A CoUNTRYMAN.
On Tuesday last Asaph Hope camo from Far Rockaway
TO New York, aud, having transacted some business
went round to the sights He went into a house on
Water street kept by John Roberts. Hope treated
all the women in the house A. he about leaving
they tried 10 pull him back, but ho forced his way
He vas followed by Nellie Bennett alias "Dutchy q who
he says, Knocked him down and robbed him OF j3S.
Roberts and she subsequently arrested by de-
tectye OF the Fourth precinct They taken before
Judge Flammer, who, after considering the for
several hours, held them to answer-thc former for
being accessory and tho latter for committing the
laBceny. Hope was sent to the House OF Detention.
The New York herald., 1876-01-27
WASHINGTON PLACE POLICE COURT.
FALSE PRETENCEs.


Ernest C. wurtemberg, of No. 231 Broome street,
held in ST. 500 to answer for obtaining money by
false pretences The complainant, Mrs Elizabeth
Lang, of No. POS Tenth avenue, said that she had
son in tho state Prison. The prisoner claimed she
said, that payment OF money he could obtain
pardon from the Governor for her SON She paid
him $l29, OF which he SAID he TO pay Recorder
Hackett 500 District Attorney Phelps $40 and the
Governors private secretary 800 As the promised
pardon not forthcoming according TO the agree
ment, she caused the prlsoner's arrest
The New York herald., 1876-01-27
SAD CASE OF DEsTITUTIoN.

poor widow and her two children, living in
shaOty in Thirty rst street. near Third avenue are In
dire Distress saM.!ss for the common necesaries ol
life Any contribution sent 10 ino ssEALD oihce viii
~ forwarded 10 kha diAiTcssed woman.
The New York herald., 1876-01-27
COURT CALENDARs-THIs DAY.

SUPREME CoURT-CHAMBERs-Held by Judge Bar
rctt.-Nos So 100, lS4, 1885, 1871, 2o9, 30 222. Call
220 to 2S6, inclusive.
SUPREME CoUkT-GESERAL TERM-He6 by Judges
Davis, Brady and Danies-Sos. 95, 10t los, no. 1876,
IT. 1874 las l24 lss, 1877, ILL., $780, no. lI9 12o 173
los 100, 1870
SUPREME CouRT-SPEc1AL TKRM-Hed by Judge Dono-
hue-Nos. 307 3ll1 202, 232, 25l, 255, 27l 1885, ESQ.,
2s7, 2ss 2e4, Is, TO- 80, "a, 5s, so, &c, H. IL Ia
Supreme CoURr-CIEcuIT-Part Held by Judge
Van vorst-Nos. 'o1, ISL, 2200 l07e 1l05 2S09 1904
1877 1895 113l lls 1153 2232 1885, 116l 1861 n 1169
1I7l h,72 il5s llzA llT5 l1sl llsa ll9l Part 40 90
1873 633, 2275 200, 1sSOk 1940 s72, 1865 s07 ~
4SI 357. 5l3, 917, OH, S13 1850
SUPERIOR CouRT-TRIAL TERm-Part Held by Judge
Mone.-Nos TAI 5O9 7s7 1861, 1907, III, 1879, 1897
76l 1901, 627, s23, 2e7, I15, Ssl Part 2-Hcld by
Judge Sper mos 92S, 436 1918, S62, 726, 900, 95S
o16 1926 1883. 1884, go, 534 1894 1852.
COMMON PLEAs-EQUITY TERM-Held by Judge DAILY
Nos. 16, 2
CoNMoN PLRAs-TRIAL TERM-Part Held by Judge
Van Hoesen.-Case on, No. $40 No day calendar.
Part 2-Held by Judge Van Brunt-Nos 1908, 1857,
1919 1446 20O0 1868 13lS 1905 1853 1868 1875 22sS
l202 7o9 1884, 1854 1475, l4So, s74 l479 14So 14Sl
14s2 14S3
MARINE CoURT-TRIAL TBRA-Part Held by Judge
Shea-Nos 1886, 1856 $3.50, 1924, 3T07, 1919, 3T99,
1915 625l 5l06 4S17, 6522, $685. 36yi GAIA Part p
Held by Judge McAdam.-Nos. 6i56, $3.50. 6139, 1884,
34sS 1892 331l 3749 54s0 $685. 62T0 64O6 $685. 6j0S
Part 3-Held by Judge Sheridan-Nos. 65l5 540S 5467
$780, 6544 624O 5Go6 5724 6oG9, 4o42 $780, 646l 16O
$3.50, 4569.
COURT GENERAL SEssIoNs-Held by Judge Glider
sleeve-The People Francis f. Marshall arson,
continued.
The New York herald., 1876-01-27
A POOR BOX IDEA.
Enron OF THE HERALD

To rnK EDITOR OF THE HERALD-
Tho difficulty In finding some plan which will rem
edy the evil Of overcrowdng the horse cars that
every proposed works great evil to the pub
lie Ir conductor is prohibited from receiving
passengers than he can accommodate with seats
half people will be prevented from riding all
II the companies prohibited from collecting fares
from passengers TO whom they do not furnish seats
the cars will be crowded tho passengers who pay
for their will be greatly incommoded. The COM
panics should provide enough give each passcn
laten upon the companies, to bring greater
evils upon the travelling public than they
now endure Here plan which ac-
comphshcs the result and avoids the difficulty. Let
each be provided with iron fare box similar to
those used In the stages, and compel the conductor
deposit the aros that he collects from standing passen
gers in the box punching from his different slips tho
fares thus deposited and the fares he receives from
ting passengers In the ordinary way. the end OF
each day let public occr collect the money from
the boxes and hand II over TO the Commissioners OF
Charities and Correction divide and distribute II be-
tween tho hospitals founding asyums and Bcrgh.
Each passenger then would pay his fare he does
now and there would be no free rides The companies
would receive nros from the persons TO whom they
mttcd TO come in for dividend out OF the charitable
fund. d.
SUIT AGAINST A RAILROAD SEALED VERDICT
ORDERED on CLAIM OF DAMAGES FOR A
LOST LEO.
Tho question Of the responsibility OF railroad CON-
Panies for personal injuries resulting 10 their pas
The New York herald., 1876-01-27
SUPREME COURT CALENDAR.

ALBANY Jan. 26 1875.
The following is the Supreme Court Calendar for
Thursday, January 81, 1s76:-Nos. 1885, A, 100, 1S2,
ISL 166 les 1863 ITO Ill 172 l73 lO7 IT'S 1T, l7e.
$50, Isl, lS2, lS3 ls4, lS5, ls6, 1S7 and ls9.
The New York herald., 1876-01-27
"H. NJ. p" MAKES SUGGESTION.

To THE EDITOR rHE HERALD
1t is not for the interest Of the car companies to
carry passengers without pay. If then, law is
passed that they shall not receive pay for standing
passengers they will provide enough to furnish
to ALL excepting, perhaps in cases OF emergency
1t would not be right for business to be excluded
from q car because there is seat vacant; but If
standing passengers allowed TO rido free many will
seek by preference already crowded cars. To avoid
this difficulty propose that every passenger shall pay
full fare; but that IL shall DO the duty OF the company
TO all passengers paying their fare before
seat s provided for them ticket indicating this fact
These tickets may be placed by the passenger in
locked box which shall be provided in each car and
the company shall pay into the city treasury all tho
fares upon such tickeis Passengers who
slider at any time tho want OF sufficient the aut
OF the company will put their tckets either then or
at convenient time into the box; but in an
company very few tickets will be placed in the box.
It may be suggested that the companies will buy up
these tickets At reduced price, and thus defeat the
object This only diminish the effect but will not
destroy it. 1t will reduce the profit from carrying
standing passengers, If all tho tickets sore
turned but, especially in fragrant cases of neglect,
very many passengers will refuse TO compromise with
the company In this way. II might be made the duty
OF the passenger place tho return ticket the box
but this could not well be enforced, II
preferable to leave IL optional with the passenger him
self and trust public sentiment TO enforce the rule
H. NJ. p.
The New York herald., 1876-01-27
THE LOST HARVEST QUEEN.

Yesterday afternoon HERALD reporter called at the
Office of Messrs C. H. Marshall Co. tho owners Of the
Black Ball line Of packet ships in ordor TO ascertain
what stops they proposed to take with reference to
the alleged sinking OF their ship the Harvest Queen.
Tho following statement with reference TO this
NATTER
Any legal steps taken at Liverpool would be COM
mcnced by the insurance companies interested We
are obtaining evidence day by day, the
subject or the collision. The statements pub
of considerable to us although TO render them OF
any utility in OF law they have TO be turned
into the form of sworn testimony am expecting TO
rccoivo telegram from agents in Liverpool Of
what is Transporting We have no direct testimony on
our side as every poor fellow on the Harvest Queen
has met a watory grave. Had any one OF them been
rescued It would have been this tclegraphed us
The ship herself wholly insured here. The cargo
was our own. The following are tho amounts in-
surod:-
Freight on same 1000
The steamship Adriatic belonging to the White Star
line which 1t Is alleged sunk snip arrived 10 Liv
erpool yesterday, and It possible that the Board Of
Trade will commence thor Investigation into the mat
tor to-day at Liverpool You may rely that their IN
vestigaton will be thorough one and that they will
leave stone unturned TO get at the tbotom' facts
Should IL be proved that the Adriatc sunk vessel
the masters certificate Of Captain jennings will doubt
less be takon away from him.