davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-03-22
COURT OF APPEALS.

ALBANY. March 21. 1870
In the Court OF Appeals, present Chief Judge San
ford T. Church. Associate Judges william r. Allen,
Charles A. Rappalo, Charles Andrew Theodore Miller
and Robert Earl:-
MOTIONS
No 4 The People. &o, rel David WOLF defend
ants error.-On motion Of Samuel J. Crooks, or
counsel for paintin In error this be
noticed appeal from order and heard any
Tuesday.
No 2Id Ephraim d. Brown. respondent, against
Tho Mayor, &C, appellant otiou advance this
cause denied Thomas Allison for the motion.
No. 70 ION old calendarl indianapolis, Peru and Chi
cago Railway Company, respondents VS.. Thomas NJ
Tying, appellant-AOtion for reargumcnt-Mr Tying
for tho motion and samuel Hand, opposed
Herman v Bostwick, respondent, va George W. Lar
raway appellant t-Moton 10 dismiss appeal granted,
with costs, and $40 cost Of motion. ~ G. Moak for
spondent
No i37 ion old calendarl. George Alexander re-
spondent, VS. The Germania Fire Insurance Company,
appelants-Motion Tor reargument Samuel Hand, OF
counsel Tor respondent and John Chetwood for appel
lants. Court took papers.
Caleb d. Gildcrsecve, respondent, VS.. William r.
Dixon and others appellants Motion by respondent TO
dismiss appeal not taken In time. horace Andrews,
OF counsel for respondent, and W. T. Brdsa Dr appel
lants
APPEALS FRon ORDERS
No 3iS Joseph Spears aud others respondents vs.
John Matthews, appelant-Appeal from an order OF
the General Term-Argued by Thomas Allison OF coun-
sci for appellant, and u. ~ TAFT for respondent
Nos 344, 345. The People ex rel Mary A. schenck,
appellant, va Andrew IL Green. Comptroller, &c, re-
The New York herald., 1876-03-22
A REMARKABLE WITNESS.

decidedly new and startling feature was de-
veloped yesterday in the trial OF the SUIT
brought by Herman Funcke as assignee OF General
sturm against the Atlantic Mutual Insurance Company
IN progress before Judge Sanford OF the Superior
Court
s'You say you were mate OF the schooner s. D.
Keese lost in the Gulfot MexicoS" quietly began Mr.
John T. Parsons his ssexamlnaton Of Charles c.
HOrborn, burly man, yet one who looked very little
eyes, sir, l was," complaccntiy answered the
witness
.'And you seut,led herr"
81 did sir."
''You have gwen testimony before in this have
you nott'
eyes, SIR"
''You was then witness for General sturm, wasn't
your"
'You signed affidavit did you not, that the vessel
was lost In storm at sea ~
''You have been paid some money by the New York
Mutual Insurance Company, have you not, since this
SUIT beganS
Eyes sir ~
How muchf"
81 can't say exactly they paid me $50 a month as
'swhat have you done for them to earn this money!:
81 have waited to give my testimony
Haven't they paid you more than $40 month";
'wcll OF course they have paid my expenses be-
sides
''what expensesS"
Expenses of my board"
.Where have you boarded ?"
al have stopped at the Aslor House and Merchants
Hotel and spent some tme in Philadelphia and Con-
necticuth
.Well, YOU to have had pretty good time of
t-four years with nothing TO do and 500 month
coming in and expenses paid-and yet you say your
affidavit that you made 1t Voluntarily without fear or
favor or hope OF reward. Don't you think you have
been pretty well rewardedf"
al don't call wages reward"
''You formerly got $50 month from General Sturm,
did you notY'
ale paid me for a while and then stopped paying"
ssDidn't you tell him that II he didn't pay you
money you would put up job on him with the insur-
company"
81 don't rccollect; asked him for my wages and he
didn't pay me-"
ssThen you went over on the insurance company's
sideYp
well the other side agreed to pay me $50 month"
Sand SO your other testimony was lie-perjury."
eyes, sir. -
"Don't you know that perjury is criminal
offence ~
sI have been told So"
'Don't you know that scuttlng vessel Is also a
criminal ofencef"
II know now; but then the time is run out
can't be prosecuted now"
You seem TO be pretty we'll posted. How about the
law OF limitations ON perjuryr'
~ don't know about that "
Tho residue of the witness cross examination,
which had not terminated at the adjournment OF the
Court mainly to who induced him give his
tmony behalf OF tho insurance company, the of
the counsel who drew up the affidavit and the crcum-
stances under which he signed IL When the witness
left the stand he looked very much as though he
wished he had conc down with the schooner s. d.
Gull OF Mexico where no lawyer could catechise or
The New York herald., 1876-03-22
COURT CALENDARS-THIs DAY.

SUPREME CouRT-CHAxBERs-Held by Judge Dono-
huc-Nos J. So, 6S, 10, So 10l, 102, 112 134, 13s,
162 163 164 1885, 1o6 167 los. lo9 179, 49, 197 252
SuparMr couRr-GEsRRAL TxRx-Held by Judges
Davis. Brady and Daniels--Nos log, $50, 150k, 16l,
1872 153 15l 155, 1906 15s 93 107 l59 16O 16l, 162,
los, 1857, l66, l67.
supRkxE CouRr-spEcrAL TERx-Held by Judge Lar
remore.-Nos 1s9, AZ, $50, IL 9s, 242 6s 239 81 a.
25l 200. 55, S6s, ls3 to 1876 inclusive
SUPREME CoURT-CiRcuIT-- Hold by Judge
Barrelt-Nos 2524 1925 l245, o55. 27ol, 1869, 1898
1915, 1877. Part 2-Hed by Judge Lawrence e-Case
on, No 1852 No day calendar Part 3-Held by
Judge Van vorsL-Casc on No 1250. No day calendar
SUPERIOR CoURT-GESERAL TERM-Adjourned for
suprRIoR CouRr-spEcrAL TERM-Tleld by Judge
Curtis-Nos- 81, IL, 10, Is, ~, 33, S5.
SUPERIOR CoURT-TRIAL IERx-Part Held by
Judge sanford--Case on No. l2lT No day cal
endar. Part 2-Hcld by Judge sper.-Nos. 1o11,
800 soo, 9o2 SS2 7l6, 4s, 1o2o 992 1902 e74, 77S,
7Ss 1912, 96s.
COMMON PLKAs-EouIrr TERM-Held by Judge Van
COMMON PLEAs-GENKRAL TKRM.-Adjourned to Mon
day, April 3, 1876
CoxMos PLrAs-TRIAL TERx-Part Held by Judge
Robinson.-Case on--No 1878 No day calendar.
Parts 2 and 3-AdJourned for the term.
MARINE ooURr-rRIAL rxRx-Part 1-Hed by Judge
AkeE-Nos 1915. 1915 22l2 7O0S, 7O9S. 6337 66s2,
1896, 22SO, 2571, 2s49 7l74 1885, $685. $685. Part =
Held by Chief Justice Shea Nos 66s2, 1892, 7oSG,
3sO2 $685. o99l 1907 1914 3139 314O 506l 50G5 34gl
2334 6640 6224 Part 3-Hed by Judgo Goepp-Nos.
6s4g 6777 6657 5920 $780, 3Ol0 6672 5070 4690 60l0
S59s, 6i2 t5ls 657S 7oSl 71S4 $780, $780, esS2 6S45
COURT GENERAL SEssIoSs-Held by Recorder
HackotL-The People va. John AcDcvitt and Patrick
Carroll, robbery; same William james and James
Devine burglary: Same VS. James hcCue burglary
Same VS.. Leonard Stelzle, burglary; Same VS. Michael
Sullivan and James Meehan, burglary Same VS. Henry
Doyle, burglary; Same August Palmer burglary
Same John O'Callahan, feOnious assault AM bat
terry; Same vs. Christian Meyer, grand larceny; Same
W. Margaret Edwards grand larceny; Same VS.. WILL
lam Witt, grand larceny Same VS.. John Harding,
grand larceny; Same vs. Margaret Mcdonald, grand
larceny; Same VS. Jonathan Brer and John Was,
grand larceny; Same David Steinberg, grand lar
ceny; Same VS.. Therese Faber grand larceny: Same
vs. Ernest Picot, grand larceny; same vs.. Joseph
Blew grand larceny Same Michael Knowles, grand
larceny; Same Arthur Blandy and George krohe,
false pretences; Same Thomas Mcdowell, petit lar
The New York herald., 1876-03-22
THE HARLEM MURDER.

The Grand Jury yesterday found an indictment for
murder in the first degree against Thomas J. Bartel
for the killing, with axe. Friday last, of Mrs
Ann Hammer, the poor widowed wasncrwoman en-
poyed by Mrs. Freeman, OF No 2 ia Second avenue.
The prisoner will be brought from tho Tombs and
arragned in the Court OF General Sessions to-day 10
nlaad 10 tho Indictment
The New York herald., 1876-03-22
THE LOST HARYEST QUEEN.

In the matter of the libel Of Charles IL Marshall aud
others against the steamship Adratc of the White Star
line the value OF the American ship Harvest
Queen and cargo, alleged TO have been lost tho Irish
Channel the night OF December 80 and 81, 1875, by
collision with the Adriatc the attorneys for the claim
have iled an answer in the United States
District Court, before Judge Blatchord. The
that the hull of the vessel, which supposed by
the the Harvest Queen 20 have been that ship
did not come in contact with the hull Of the Adrstc
and that the vessels beam passed the quarter OF the
Adratic and her lights disappeared, alter which her
loom distinctly visible from the bridge Of the
Adriatlc she sailed away to the eastward
The New York herald., 1876-03-22
THE TWEED Sc, 900, 600 SUIT.

A few days ago there published in the HERALD
the conclusions arrived at by Judge Westbrook TO
motions made before him the Tweed So 000 600
suit One OF these motions for allowance
to tho prosecuting counsel OF per cent on the
amount OF the Judgment Two motions were made on
Mr. Tweed's behalf. TO have the exceptions heard
in the at General Term and the other or
a new trial and stay OF proceedings. Judge Westbrook
yesterday gave written opinion celebrating the
grounds Of his conclusions already published. On
motion for settlement order embodying these
clusons Will be proposed and submitted.
The New York herald., 1876-03-22
MARRIAGES AND DEATHS.
MARRIED..

JAcKsoN-BosCuEN On Thursday, the 10th inst. at
the Church OF the lranstguratlon, by the Rev. h. T.
Houghton, GEORGE W JACKSON, OF New York, 10 j.
LIZZIE BoscHKS, daughter OF William T. Buell., OF
Albany, N Y.
Albany papers please copy
The New York herald., 1876-03-22
FURNITURE.


A WEEKLY AND MONTHLY PAYMENTS TAKEN
N. for Furniture, Carpets and Bedding al b. NJ COW
PERTHwAIT CO. -, l55 and l57 Chatham st. An Inn
mense stock at low prices.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24
A Var Of Race and Religion.

Tho Pail Mall Gazcttc concludes
gloomy leader on the war now imminent
in Europe. ms follows II is to be war
Of race and religion. This il what they
arc trying to make Of it in Russia; this
is tho conception Of it, which will DO in
stalled into the minds Of the vassal pop
ulation Of Turkey, who are not likely to
faint for the want Of stimulus. As such
it will BIO regarded in Turkey, and rs
such it will DO regarded by sympathizers
in our own country. II there is any
thing wrong in regarding this outlook
with apprehension and dislike, wo arc
wrong. Nothing Mt present gives us
more concern than the prospect upon
which We have already entered Of seeing
in England division Of opinion and
sentiment to which the clashings OF sym
patty OF the North or South during the
American war was as nothing. At n
time like this whatever government
ruled in England would need steady aud
sober support from all sides, but already
the ministers arc Threatened with the
hampering of enthusiasts, who declare
themselves ready to sacrifice our safety
III the East rather than England should
shaac horsclt by doing anything III OPP
position to 40 holy m enterprise ns the
destruction OF Turkey. How civilisa-
ton ia to be advanced by wars which
impcril II civiiiz ltion like our own,
spread over half tho world, is not n
question which those particular enthu-
sinSts Of humanity ire likely to consider;
nor can We now present tue argument in
any proper form. but wo shal! be glad
ii they will take it into consideration,
since, il duly understood, it may do
something to moderate spirit which
must gladden. those who are rs much
the foes Of the English Us Of tho Turk
ish empire.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24
A New aud Destructive Tree Worm.

The Columbia (Tepn.) Herald Inns
the following Allthrough the extensive
cedar forests in Marshall, north OF tho
river, md in tho extensive belt OF
cellars in the northeast portion OF Maury
county, untold millions OF kind Of
worm, incased in q cocoon or web, have
attached themselves TO tho cedar trees
hanging to the limbs Of the trGes-in
many thousands apparently to the tree.
The trees appear to BIO thickly covered
with these destructive insects. In sec-
tons containing many hundred acres Of
the finest red cedar in tho State-the
timber attauked-much Of 1t is already
killed, aud nearly all that the pests arc
upon appears to DO III dying condi-
ton; grave fears arc expressed by many
that they will, in the future, almost do.
stroy tho cedar timber us they multiply.
They seem To be Indigenous 10 the
cedar, having rs yet molested no forest
tree but it. Tho young apples in the
orchards near the affected forests hayc
been attacked, the fly having apparently
laid the eggs on the bloom or apple.
Thousands Of little oblong cocoons may
now DO seen sticking to tho young ap.
pies; within tho ball or cocoon is IL small
black looking worm. The apples that
they havo been on arc knOtty apd
SCARED, and stunted in growth, mud can.
not make good apples. The little worm
in his silken web seems to suck tho mp
pie, ms there are now many acres Of tim.
Der that have been already killed by
them. Some ono skilled in entomology
would confer favor by explaining what
they are,
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

I am n farmer. Ny farm is named
Pasturotield. l take great pride in il
and work rs steadily rs can, for nm
sixty.six, md was not Injured to farm
lAbors in early .Iifo, but trained to the
dry goods business. Well, no matter
for this. ! work md enjoy it. Then
get tired, then l smoke, and then l sit
down to the newspaper. All, then my
fatigue is forgotten; I revel in enjoy
ment and am recreated. Tue great,
good newspaper! used to read books,
but neglect them now. What becomes
Of all tue books published2 I used tc
take agricultural journals, but there was
too much agriculture. l get hiuts
enough i'll the home newspaper to satisfy
mo.
All around mo arc men who work hard
and aro honest aud faithful in their aims
and ways, who take no newspaper. How
do they do to livei I should have died
twenty years ago without thom. ! lend
and give mine 10 my neighbors.
And the newspaper grows md grows,
md will continue to grow. Better aud
better men continue 10 go into its labors,
The best only will live. Oh, men Of
the newspaper, great teacher Of tho peo
pie, accept the law that " honesty is the
best policy" Cast ont the cowardly,
the weak, mean, and wrong headed, AMI
lot but the brave, the manly, tho clear
eyed, and courageous help in making
this great, growing gospel, this big
book, this daily teacher, this household
preacher, this hope, comfort, help, and
enjoyment Ct the common people, The
American newspapcri Make it clear
and truc, md faithful.
As 1 believe the newspaper has al
ready heightened my life, 1 doubt not il
will still lcngthen it, to the extent
probably, Oh twenty-five years, which
will give me- quite respectable span
And I think Of whit its character mus
be to mo l;ut then know the strong
the true, the brave will live mud flourish,
and that the puerile, foolish, and false
will soon die.-SUn.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

It is n curious war, this Of the Turks,
and both sides are getting allies in re-
markable content on European soil.
Two regiments OF Egyptians, which
hsvo lately been fighting in Abyssinia,
are on their way to Constantinople to aid
the sultan. The Barbary hey OF Tunis,
who, though nominally dependent on
Turkey, is in reality Independent, and
possessed OF absolute power, has ill.,
formed the sultan that lie also will dis
patch regiment to his assistance. Add
these to the European army Of the sui
tau, aud then add the troops which ho
is drawing from tho Asiatic portion Of
his empire, and it will be seen that ho is
securing support from three continents
and many races. On the other side, the
Prince Of Servia is supported by his
Montenegrin and Horzegoyinian allies
aud by the insurgents Of Bulgaria; and
it now looks as though he wore to secure
MD from RoumaniN, tho government Of
which has sent troops to tho frontier to
prevent certain unprecedented movements
Of tho Turks. Prince Milan recently
announced his expectation OF receiving
cooperation from tho Greeks; but the
king Of Greece hNs taken the pains to
assure Turkey Of his peaceful intentions.
Taken altogether, it is n singular war.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24
A Merchants Magnanimity.

A young man stole $1,000 in May
last from Brooklyn wnrehouseman.
When the case was called tho court was
astonished by Mr.. Robinson, the com.
plainant's, statementtbat he did not wish
to prosecute the complaint. Mr.. Rob-
inson said:
al think that tue ends OF justice
would be served Just as well, probably
better, il Lyons was lot go. l always
entertained strong hopes for tho young
man. He was bright, intelligent boy,
and never thought TINT he would turn
out MS he did. But as the case stands
now, the money is gone, his parents arc
poor, and / don't ever expect to get one
penny Of it back, so you can see that
TINT il not tho motive which moves me
to this course. The hoy is young yet,
aud there may be hope for him. pre-.
fer to lose my money and give him
that chance. It may be the salvation OF
him, and I think that Justice would be
better served il the stain Of imprison-
ment was not placed upon hisname. He
will havo 4 chance to begin again, and
will, l have 10 doubt, turn ont better
than if placed among criminals for n
tern Of years"
"This is certainly very Christian
net on your part, Mr.. Robinson" said
Justice Delmar.
:" 1t is what ] iccl 10 be my duty,
sir" said Mr.. Robinson, his voice be.
ginning to wnver, 81 hive been in
business forty.one years in this city, and
during that limo havo been robbed
probably fifty times by clerks. Never
have 1 prosecuted one Of them, and I
have found out that in nineteen cases
out OF twenty my action has been the
salvation OF them. Why" ho con-
tinued, after moments pause, 81 bad
once in my employ IN unusually bright
and intelligent young man, but he Ind
several little weaknesses, and on three
occasions no stole money from mo. !
boro patiently with hir., and now he is
member OF Que Of tho largest firms in
New York, and respected member of
society. l will take my chances in this
case. Probably may he mistaken in
the boy, but if no turns out badly he
will never have It to say that it was !
who put upon him tho brand Of crimi.
nal" Mr.. Robinson was 80 overcome by
his feelings that lie could not speak
further.
Justice Dclmar gave the boy sound
admonition, and discharged him.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

Good bread is tho staff Of life, and il
We lean on that we grow strong and
healthy. II we bring up our children
on plain, wholesome diet, they grow
tall, erect, strong and healthy. But if
we feed them on rich cake and fancy
pastry, and Ill their stomachs with all
sorts OF trash, spiced up TO tempt the
appetite beyond what nature requires,
their appstites become dcpraved, and
they loathe tho food best calculated to
make them grow healthy and strong ;
aud, in consequence. they grow pale,
poor, puny and weak, Just 80 with the
mind. Our minds ought to become
clear and strong, enlightened aud ele.
waited. There il food that is healthy
and nutritious for the mind. But the
literary cooks havo served the public
with 30 much highly seasoned food that
the tastes of their readers, especially the
young, hare become vitiatcd, and they
turn with disgust from gooj, solid, in
structive reading, which would improve
their mental powers, and make them in.
tellectunlly strong, and help thcm to be-
como useful members of society. But
they eagroly devour literary pastry, II
highly spiced. They crave sensational
reading romance and fiction pathetic,
comic, and tragic. And this exciting
reading, 10 stimulating to the brain, is
tempting and they read too much. The
consequence is, their minds become
dwaried and sickly. They gain no real
knowledge, but the brain is weakened,
the memory ruined, and intellectual
vigor destroyed aud these mental dys-
peptics arc about az unfit to grapple
with the stern realities of life rs n worn
out, haggard, physical dyspeptic is to
endure the hardshipsof n soldiers life in
a campaign against the Modocs.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

Some Of my birds have been talking
to the sea gulls and they have brought
mo this news:
The Atlantic ocean was named after O
mighty mythical giant named Atlas, who,
us the Greeks believed, carried the world
on his shoulders-the great Atlas who
has n great mountain range in Africa
for his namcsake.
The other great ocean didn't have to
go to Greece for Il name. II Just stayed
where it was and behaved itself, until at
last, from its peaceful aspect. it was
called Pacific.
This is as it should DO, my little Amer.
icans-power on ono side OF us, mud
peace on the other. And what il better
yet, they are permanent institutions.
Fifty centennials from now, Jack, or
somebody else, will find trig aud trim
between its oceans, with the peace Of
power its brightest virtue, and tho pow
or Of peace its proudCst boast. 81.
Nicholas.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

The report OF the committee Of con.
ference on the United States Post Office
Appropriation bill recommends the
adoption Of the following provision con.
corning third class mail matter:
All third.class mail matter except unsealod
circulars shall be transmitted at the rate Of one
cent for every two ounces, or fractional part
thereof, and one cont for each additional two
ouuces, and tho sender may write his name
therein, or outside, proceeded by tho word
"from or may write briefly. or may print OIL
any package, tho number aud name Of articles
Inclosed, and publishers Of magazines, otc,,
may priut thereon tho timo at which subscrip.
lions wero paid, aud the address on postal
cards or unseAlod circulars may DO written,
printed Or Affixed, at the option Of the sender.
The section prohibiting the sale Of
envelopes and newspaper wrappers be-
low actual cost, including clerk hire,
legal postage, and oil other expenses
connected Herewith, Is retained without
alteration.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1876-07-24

suite have sailed for Europe. Tho most
terrific thunderstorm Of the scSEon extended
over tho principal portions OF New EnEIsnd
and the Middle States, killing number Of
persons aud doing considerable damage to
property. Four companies OF United States
troops on their way to join Crooks expedition
wSre attacked by the Sioux Indians, but sue.
ceedcd In driving them OF after losing q few
men......A commission has been appointed
toregulAtO the boundary between New York and
New jersey. u. Tho petition to have tho will Of
A. T. Stewart reopeAOd has boon denied By the
surrogate,