davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
A WORRIED CITY CONTRACTOR.

Among the multitudnous suits pending against the
city Is one brought by Charles A. Waterbury, II lisa
somewhat old and familiar SUIT, the action being
brought by Mr. Waterbury as surety and assignee of
the contract between the city and the late John
l. Brown for grading regulating and paving First
nue. between Ninety and 1O9th streets, to
strain the city from claiming that the contract has
been abandoned 1t is urged that it unjustiaabe
for the city this and propositions put
forward in support of such allegation, as, for instance
that the city prevented Mr.. Brown from doing the
during his lifetime; that payment refused for the
work he did that after Mr. Browns death notice
left by the city at Mr. Waterbury, residence during his
absence calling upon HIM TO complete the work within
five days, which a physical mpossibility; that
as soon as he received such notice Nh Waterbury
commenced the work; that he had no sooner done so
before he received another notice that he would not DO
paid anything for doing the work The representa-
tves OF Mr. Brown brought SUIT against the city for
payment of the work done by him The answer in this
SUIT that the contract was void but the city was
defeated and judgment entered. Mr.. Waterbury
claims that the city estopped by that judgment
from asserting that the contract not binding and
that after telling him TO go and complete the con-
tract and he had gone to the expense necessary for
that purpose II unjust that the city should be
mitted declare the contract was abandoned, mas
much as 1t was physical lmpossbiity to complete IL
within the time specified Yesterday, in Supreme
Court, Chambers, before Judge Donohue, there
argument at some length on an order TO show cause
why the injunction should not be made permanent,
joining the city from declaring that the
tract had been abandoned, and from interfering with
Mr. Waterbury in the completion OF the work. Ex-
Judge CardoZo in the course Of his remarks stated
that commission. consisting of Judges Sutherland
and Van Worst and Mr. d. X. Jaques had examined the
question of the validity of the contract and certified
that was free from raudthc question OF fraud being
the principal raised by Assistant Corporation Coun
sci Dean who made the opposing argument Mr..
Waterbury claims that the city owes him about $4,000
on this contract Judge Donohue took tho papers,
serving his decision
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30

into the Circuit Court of the United States for the
Southern district OF New York
Jessup ct al Dun Il aL-Order granting leave to
serve second supplementary answer
O'Brien, NC, VS.. The Commercial Fire Insurance
Company and three others.-Order staying proceedings
pending appeal
Long &C, VS.. Conner, &c-Order TO remove cause
into the Circuit Court OF the United States for the
Southern district OF New York
Coffin ct al VS. The Diamond Mills Paper Company
Findings and judgment signed
Ettinger VS.. Stegmuller OF aL-Order settled en-
crossed copy TO be entered.
MARINE CoURT-CHAMBERs.
By Judge McAdam.
Price vs. Stoddard. -Motion granted. Memorandum.
Blanderney Ross-Referred to hr. d. I. Robert
son.
speesman Bornheim Motion granted as per in
dorsement papers
Woodruff VS.. Sutton-M0tion granted on terms.
Swain vs. OrteL-Motion denied
Oliver vs. Poiset.-Ed Jacobs appointed receiver.
Lawrence VS.. PlatL -AMotion be granted, &c
Geouer VS.. Duiore Motion denied and taxation az
hrmed.
Murphy VS.. Hansen.-Daniel 7. Roberts appointed
referee.
Martin VS.. King-Complant dismissed
Link VS.. Wilhelm; Arichton VS.. Gibbons Kehr VS..
Covert-Motion to advance causes granted
kohn VS. Marks Stewart VS. kohn; Conlier VS..
Cunningham Stevens vs. Brown.-Defaults noted.
Murphy vs. Hansen.-Daniol T. Robertson appointed
referee.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
COURT CALENDARs-THIs DAY.

SUPREME CoURT-CHAMBEIs-Held by Judge Dono-
hue-Nos 93, SO, 12l 1871 1872, l63, 164, 1865 l72 1872
POI 226 3D. 233, $40 2G2 277, 29G 297 pos 500 800
SOL 302 3O3 SOC, 800, 325 327, 32S 800 800 $751; $685.
800, $40, 34j Sl6, 347, 3IS $40, $50, 35S
SUPREME COURT-GENERAL TERM-Held by Judges
Davis. Brady Daniels Nos 50 Il, no. r. Ill ia
174 l75 IS III, us 49, 15, ISL, lS2, lS4 1885, 49,,
1SS, ls9, 100
SUPREME CoURr-CRcuTr-Plrt Held by Judge
Barrett--Case on--No. 1921 vo day calendar. Part
p Held by Judge Lawronce-Nos 2070, 49, 1910,
1925, 1855. Part 3-Held by Judge Van Worst
Nos 10 1865, $3.50, 1916 633. 1921 s63 1l5 u.s. G73
1858 ILL., l49, l1S3 1884, 24s9, 1887, 1884, 1907, 325
62l, Ill =, l754s.
SUPERIOR CoURT-TRIAL TERM-Part Held by
Judge Sanord.--Case on--No l2l7 No day calendar.
COMMON PLEAs-EouITY rERM-Held by Judge Van
Brunt-Nos. Is, So
COMMON PLEAs--TR1AL TERM. Held by Judge Robin
son.-Case on--No. 1878 No day calendar.
All other courts have adjourned for the term.
COURT OF GENERAL SEssIONs-Held by Recorder
Hackett-Jeremian sullivan, feionious assault and
battery Same Henry Bishop elonious assault and
battery; same Francis Kennedy and Patrick Whe-
Ian felonious assault and battery Same Fauvin
Desra ielonous assault and battery; Same VS.. James
Kerwin, Matthew Kerwin and Frank Burke, lelonious
assault and battery; Same VS.. Michael Sullivan and
james Moehan burglary; Same vs. Edward Hart,
burglary; Same VS. Edward Carroll, Michael Kerrigan
and James McQuade burglary; Same w. John Powers,
burglary; Same Leonhard Stezle, burglary; Same
James Smith, grand larceny; Same Elizabeth
Wallace, grand larceny; Same Ernest Picot, grand
larceny Same vs.. Alexander Miller petit larceny;
Same VS. Emily Taylor petit larceny; Same John
Leonard, petit larceny; Same VS.. William H. Norris
petit larceny; Same VS.. Thomas Kennedy, concealed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
COURT OF APPEALS.

ALnANY, March 70 1916
In the Court Of Appeals to-day the following busl-
ness was transacted
No. So Seth w. Hale, appellant The Omaha Ma
tlona Bank, respondent Argued by Edward I. Bart
lett Tor appellant, and Wheeler IL Peckham for re-
spondert
No. Is Solomon Simson, executor, &c, respondent
vs. Addra 4. SImOnson, implicated, &c, appellant !;
Same Lucna C. Satterlec, appellant. Argued by
George w. Stevens ana Prentice for appellants, aud
by s. r. Rawson for respondent
No. "a. Edward f. Delaney, executor, &c, respond
ent VS. Oscar H. Stearns aud others, appellants.
Argued by ID. Barnard for appellant and George G.
Genet for respondent
No. IA. Philena b. Fisher and another, executors,
&c, respondents, Stanley A. Banta, impeaded,
&c. appellant -Argued by H. H. Morse for appellant,
and W. w. Rawlcy Tor respondent
Adjourned
CALENDAR.
The following is the day calendar for Thursday, March
80, ls76:-Nos. 10, lOl lo3, lo4 4S, los, lO9, Ito
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
A pALrIAToRE puRGLAR.
poLICE COuRr MONIES.

John Garry, aged twentyone, was arraigned at tho
Harlem Police Court yesterday suspicion OF having
broken into unoccupied building, in Eighty nth
street, ana stolen 1856 pounds OF lead pipes. He was
remandcd Tor examination.
AT he Fifty seventh Street Police Court yesterday
Daniel Fagan No $40 East Thrtyhith street, charged
James Damon with having assaulted him with brick.
Pagan states that the prisoner had broken into his
shanty and that when he attempted to eject him he
assaulied him with the BRICK striking him the head
and rendering him UNCONSCIOUS He was held in bail
to keep the peace.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
ILLICIT DIsTILLERs SENTENCED.

Yesterday District Attorney Jenny in the United
States Court before Judge Benedict, moved the of
Edward Brady and Michael Mulady for Illicit distilla
tion in Gold street, Brooklyn The prisoners, who
were arrested about ten months ago, pleaded guilty to
the charge. The Judge, passing sentence upon
Brady, said that the limit OF the punishment IL
not more than two years or less than six
months and to pay 1ne OF 81, 0O0 A
with the intelligence OF the prisoner,
the Judge said must have violated the law without
cuse. The sentence of the Court that he be inn
prsoned in the Kings county Penitentiary for a term
OF fourteen months and pay fine OF 81 COO. Michael
Mullady, the associate of Brady. then arragned
and similarly sentenced The prisoners received their
sentence with great GOODNESS.
John Biddeiord, who IN August, 1875, arrested
for similar offence, will De tried next Monday, in
the United States Court before tho same judge
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
WASHINGTON PLACE POLICE COURT.


FEMALE PIcKPocKETs AT THE HIPPoDRoMR
It being very well known that the crowds who daily
visit the Hppodrome during the religious services Of
Messrs. Moody aud Sankey afford good field for the
operations pickpockets the Detective once Head
quarters has detailed officers to minge in with tho
crowd 10 protect the people. At yesterday De-
tccIivcs Titus and Thompson Of tho Central
ONCE, we're duty. Thompson attending near
the main door, and the People came
he noticed woman acting in suspicious
ner. He watched her closely, and soon
her following aged lady Al the OF Twenty
sixth street and Madison avenue be saw the woman
'crowding" her and then walk rapidly away. ThOmp-
then crossed the street and arrested her In her
muI was a pockctbOok which contained twenty cents
and some postage stamps. On going back 10 the old
lady he asked II she had lost anything. The prisoner
then exclaimed. 81 took your pOcketboOk: here II ia
The lady dos titled her property, and yester
day said her Racnel G. q. Patton OF No. 226
East Twentieth She fully Identified pocket
book. The prisoner gave her Mary Ann
Dowd but refused 10 give her residence. She pleaded
guilty 10 the charge OF larceny and held IN default
OF 81 600 for trial
WHO STOLE THE DoG2
on Saturday, the 18th inst, Mrs. Annie Tucker, OF
No 1O5 West Twenty. FIRST street. lcn her carly
in the morning to obtain groceries On her
turn she missed gold watch and chain, valued $751;
a silk suit valued at $50 and little dog. skye
rer which she valued more than all She advertised
a reward Of s25 and the next week the milkman
who served her, James Riley, OF No. 2l9
West Thirty.sccon street, informed her that
the money. and he said he would bring the dog
IN the afternoon. He, however, returned In half
hour with the dog and said that for S25 more he
thought no could obtain the other property MIRA
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
SEVERELY INJURED.

Thomas Macknes, Of No. 444 West Fiftieth street,
fell from the fourth floor the basement OF the now
building No "a Eighth avenue where he was working,
AID received severe internal njurca He was removed
10 Roosevelt Hospital
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
STRUGGLED CIGARS.

Yesterday evening Custom House Inspectors Kane
and Judd made seizure Of upward OF 1900 Struggled
cigars OF the finest brands, concealed board the
steamship Guy OF Merida, Of the Alexandra line
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30

Tucker then went 20 the station house and made
COZ plaint on wnch RTE was arrested by DeleetNe
Dun ap Ia court yestercay Mrs Tucker stated thai
ltie knew thl dos. anu a5O the value oil II 10 her, ahn
tina. Tor week he sympalsed with her IN the loss OF
the nimaL When she dvertized the reward Tor the
retui A Of She deg she nothing about the oiher
propary but tie next da the prisoner made tho oner
TO get tire COG or SIS ~ paid the money ana 90.
tained ths dog Tho rrs, cr, in his defence, claimed
that be ooiaiaod tue dog from man named Jim
Kelly The prsonog RiqY held In default OF
$1,000
SfhEoEr BURGLARY
CtasieF n Covell kee a fancy goods store at No.
922 broadway. on su afternoon he entered the
store and discovered sixteen travelling coaks,
valued 90 go had IA stolen. Mr.. Covell knew
that Saturday d the doors were securely
fasttnci end on look ound the store, thinking of
his loss hl heard mol the door, and the next
momeLl 4. WAS Opentll the outside and man
entered wish basket ell seized him, and
his person found a false CHI fitted the lock of
the door. In oOurt the pfss gave his name
Thomas Leroy, OF No. venue, and stated
that he had no key in ne but looking
for a water closet Leroy w. 200 to
swer charge OF burglary.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
FIFTY-SEVENTH STREET COURT.
Before Judge Murray.
EuYr1ANIsM or N1NTu AVENUE.

EUFFIANIsh ON NINTH AVENUE.
James McCaIery and Clarke Kearney, both young
mon about twenty years OF age, charged with dis
orderly conduct Kate Cua, of No. 70S Ninth avenue
young woman whose dress and manner betokened
her lady, charged Kearney with assauiting her IN
most Indecent manner At nine O'Clock on Tuesday
night as she was walking Ninth avenue McCailery
was IN kearnc5's company, but did nothing more than
encourage kearncy in his act. Kearnoy was held for
trial and MeCaiery fined $40 II evidently a
painful task for Miss Gun TO prosecute these rulans,
but she was bound TO do she said order 10 pre-
vent repetition of the insult she received well
TO make example, which may deter other rulians
from acting IN open and public defiance Of the laws.
A BALTIMORE BURGLAR.
Frank Jackson, mulatto was brought to court by
Officer Smith, Twenty first precinct, on charge of
robblng DR.. Halladays residence, No. IS Frederick
avenue. Baltimore on the Odd of August last. Tho
goods stolen consisted of jewelry and clothing valued
at about 500 He was found IN the Coored Home for
Orphans IN East Sxtyhith street, and WAS turned over
by the Court TO Detective Gault, OF the Baltimore
police
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-30
BOARDERs WANTED.

A TIL ST. 2i7 WEsr.-ELEGANr ROOMS. IN sUTH
L aud singy. with Board; terms moderate TO perma-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-11
THE SENATE ELECTION COMMIT
TEE HAVE A SESSION.
A Subcommittee of Investigation to
Proceed South.
TIE OREGON CASE TO BE REFERRED TO
A SPECIAL COMMITTEE.

A lengthy session of the Senate committee on
elections was held to-day to determine the best
method of conducting the investigation ordered
by the Senate, under Mr. Edmunds' resolution
whether in any of the elections held in 1875 or
1876 in the States Of S. c., Ga, Florida, Alsba-
ma, Louisiana and Mississippi, there any de-
NAL or abridgement of rights of any persons to
vote, and If so by what means and to what extent
such denial or abridge nent was effected. The
committee were also expected to decide whether
or not they should recommend the adoption by
the Senate of the resolution submitted by Senator
Mitchell and referred to the committee proposing
an investigation by them of the recent appoint
ment of Presidential electors in Oregon. After
some discus sion it was resolved to send sub com
mlttees Immediately to Louisiana, Florida and
South Carolina, and they were appointed fol-
lows:
For Louisiana-Aiessrs. Howe, Wadleigh. Nc
MILAN, Boutwell,, salisbury and Mcdonald.
For Florida-Messrs. Mitchell, Taller and
Cooper.
For South Carolina-Messrs. Cameron Wise
Chrisiancy and Merriman.
1t is expected that these sub committees will
leave Washington for their respective fields of in
quiry next Monday.
All questions of law in regard to the elections
in Oregon. Mississippi, Alabama and Georgia, and
concerning the eligibility of presidential electors
in all the states were referred to Senators Nor
ton, Logan and Herman as a subcommittee to re-
port to the full committee at n future meeting,
until which time all further action touching the
four states last mentioned is deferred.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-11
NaUomfll local Nems.

| The new school house recently completed south
end of Second street, is model of its class 1t
takes the place of the old primary school house
which should have been condemned years ago, as
it had oulived its usefulness and been shorn Of its
beauty by the finger Of time Tbs new structure
is of ample sizs-2Sx40-witfr high walls, spacious
windows aud convenient ante -rooms. The Wins
cong is of elm and the floor of birch. giving an
appearance of elegance and durability entirely
wanting in most of our school rooms. Dirigo
desks, manufactured by Dole Bros, Bangor, in
this State, have been furnished for the use of the
scholars, with recitation seats from the same maa-
ufactory. of new design and servicable construc
ton Blsckboards painted upon Il c hard finished
walls afford abundant space for the use of the
| school; and facilities for warming and healthful
| ventilation are abundant There is roomy and
well drained cellar under the entire building, for
the storage of wood, coal, &C., and the grounds
are neatly graded and will be thoroughly gravel
ed to complete the job. The work was done by
contract under the direction of Mayor Clarke and
a committee of our city council, at the reasonable
cost complete, of Sl7SO.4j. Mr.. Nathaniel Noyes
of Augusta was the successful bidder, and secured
the job. No bids were made by mechanics of this
city. Our ward four friends may justly feel proud
of having the best appointed school house accom-
modaons in the city.
In our notice of the recent anniversary festival
of the Ilallowell Reform Club, we inadvertently
omitted the names of Messrs. Brann of the Bow
doinhsm club, and Rowe and Hobbs of the Au-
gusts club, in the list of speakers on that occa-
sion.
The FIST SLOW worthy of record commenced in
this section at about IL o'clock Saturday forenoon,
and within few hours seighs were circulating
mcrrily along our streets. We may now expect
winter weather.
The ladies Of the Free Baptist society in this
city, are making arrangements for levee in VIII
son Hall, on Thursday evening next.
Our ice men are already preparing for securing
their annual crop-fxing up them buildings and
stalking out their claims.
Prospects for skating on the river this winter do
not appear ilattering just now.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-11
A Case Of Consumption.
EAST SToNEHAM, Me, Nav 18th. lS7

EAST SToNEHAM, Me, May 18th, 1873.
Messrs Seth w. Fowle ( Sons
Gehtemen-l feel it my duty TO write few
words in favor of Dr. Wistar's Balsam of Wild
Cherry. In the early part of last winter took
severe cold, ana shortly afterwsrd distressing
cough was added to it. My friends did every-
thing they could for me, but without avail. The
best physicians that could be procured did not re-
lleve me, and my cough continued with me all
through the winter with increasing severity
spit blood thee or four times day, and nv
friends considering my case hopeless gave me up
as confirmed Consumptve. | was in this CON
dition when | heard of DIR. Wistar's Balsam of
Wild Cherry. l began its use and before had
taken half bottle Of it my cough and all my
other troubles left me, and was cured. | feel so
truly indebted to this great remdey for what it has
done for me that send you this voluntary testmo-
ny, hoping It may be the means of inducing others,
who are suffering as was to make nse of it, 1t
is the best remedy for lung complaints that ever
heard of, and am constantly recomme nding it
to my friends. Yours with respect,
Mrs. MELISSA NJ. BALL.
50 cents and 81 bottle. Sold by all drug gsts
deC6- +eodSwlw
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-11
Gardner l0rdl Nrms.

The millinen express confidence in their ability
to keep their mills running, notwithstanding the
duh market in lumber
The Reporter says: Three schooners, coal
loaded, were towed up the river Friday evening"
the Alice Uakes, Jesse Hunt, and Koret. Two of
the caigoes belong to Dingley Bros, here, and
the other cargo is for the Arsenal at Augusta. 1t
has been some time since vessels moved up the
kennebec on the Sth of December.
Heath Post g. A. r., of this city has engaged
Ba' nabee's Concert Company, of Boston, to give
an entertainment here on the Goth of January
next, the proceeds to go towards replenshing the
treasury OF the Post.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-12-11

which city much crime is perpetrated, and there
y very large number of men who have
little interest either in the State or in the rcpub.
lie.
While it was true that those in the Southern
ota'es VINO gave Gov. Tilden q majority were vot-
ers, many oil them voted more than once, but no.
body claimed that Tilden did not carry such
States.
The president justified the exclusion of Lau-
rens and Edgeheld counties from the South Caro-
lima returns, on the ground that the Georgians
voted IN them frequently and cast more votes than
there were voters for the democrats. Much had
been said about the use Of troops but considering
the number of lives sacrificed 10 the manv political
murders 10 the sonth it was necessary to sfford
the required protection.
FLORIDA.
TALLAHASSEE, December 8. Messrs. Cowgirl
ana McLin, thd comptroller of accounts and secre-
tary of state, were brought before Judge White.
circuit judge of this district TO answer TO the rule
OF the court, to show cause why they should not
DC committed Tor contempt in continuing the can
vsss and certifying it for governor and other state
oncers, after they were served with the restrain
ing order of the court.
AT II O'Clock to-day they appeared with counsel,
Judge Emmons, and asked for time to prepare an
answer and alter arguments they were granted
until o'clock. They appeared at that hour and
after heightened argument submitted q written
answer which they requested they might not be
required to file in its unfinished condition. pleaded
for delay and the judge granted until 9 o'clock
Monday forenoon when they were ordered to ap-
pear and answer specifically and without evasion
why they should not be committed for contempt.
The members Of the supreme court have been
summoneded to Tallahassee and will arrive to-
night. 1t is understood that if the circuit court
decides to commit the returning board for con-
tempt, an appeal will be made at once to the SUI
preme count.
LOUISIANA.
New Orleans special to the Tribane says the
democrats there will caucus to-day on the subject
of organizing another State government and in
augurating Nichols as governor. They claim
lonr majority in both Senate and House, notwith-
standing the canvassng board decided that ma
Jory Of republicans were elected.
OREGON.
SAN FRANCISCO, December 9. Democratic
electors OF Oregon say statements published rela-
tive to their recent procedure are not correct.
They claim that everything was done legally, and
that Croniu did not fill the board until after the
Others fatty refused to act with him as electors,
and not until after they had elected Watts
to the place which he q moment previously
had resigned.