davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-03-21
THE SIMMONS MURDER.

On Thursday next Andrcas Fuchs, the wheewright's
helper, who murdered William Simmons in January
last and then cut up the body of his victim into small
pieces will be arraiGned for trial in the Court of Oyer
and Termner, before Judge Gilbert 1t is not antici-
patcd that much difficulty will be experienced obtain
ing jury in the case. Excellent counsel has been
assigned Fuchs by the Court and he will have the benc-
fit OF the defence, which will endeavor to show that
the fatal blow struck when inluriaed upon finding
the deceased in criminal proximity to his wife. The
prisoner, when asked yesterday what he thought the
Court would do with him, replied, 81 guess goes to
Sing Sing for some time, That's all right I'm willing.
Mrs Fuchs is delicate health and rctres from OBJ
The child Nellie, 10 quartered with tue family of the
iailer, Colonel Stinson.
The New York herald., 1876-03-21
SUMMARY OF LAW CASES.

In the OF Trevor u Leutz against William Butter
field Judge Van Brunt yesterday denied the motion
the from the State to the federal courts
In the Court Of General Sessions yesterday Recorder
Hackctt PRESIDING the following sentences TO State
Prison were imposed d:-Amos Hall, forgery three
years; Charles H. Noltc, embczzement, Eve years;
Thomas Doubleday. embczzement, three years; james
O'Brien, larceny. two years and six months.
The trial of Danorth X. Olncy late clerk the Ron
dout a. W Post Once for robbng registered letter.
was continued yesterday before Judge Benedict and
jury In tho United states Circuit Court, criminal
branch. The original letter. It's envelope and the stolen
money, which had been marked by the special agent
Of the Post once Department, placed in dcnce
Before Judge Robinson, OF the Court OF Common
Pleas, was commenced yesterday the retrial Of tho
suit brought by John O'Gorman against Henry Kamah.
The case sent here from the equity branch of the
Court for trial on nine issues the principal being
whether the plaintiff OF sound state OF mind when
he executed tho deed which now sought 10 be set
aside
There extended argument yesterday before
Judge LArrcmore ia Special Term OF the supreme
Court Mr. E. W. Stoughton appearing on one side and
Mr. William NJ. Evarts the other, in the suit brought
by Mrs Elizabeth X King against Samuel b. Duryce
to iorcclose mortgage The argument was sound but
wholly technical and unintcrestiug. Judge Larremore
took the papers
The New York herald., 1876-03-21
DIED..

ASDERsoS.-In Brooklyn, at four A. NJ on Sunday
March l9 at her late residence 262 Fulton ST. cor.
ner Clinton, MARGARKr, wife Of G. +. Anderson IN the
32d year Of her ago.
Relatives and friends respectfully invited TO at
tcnd the funeral, at two F. NJ, on Tuesday March 81
ARNoLp.-in this city, on March is, AARON ARNOLD
In the sgd year OF his age senior member Of the firm
OF Arnold, Constable * Co.
Relatives and friends Of the family are invited TO at
tend his funeral from Trinity chapel on Tuesday tho
2lst inst, al halfpast ten O'Clock A. NJ. without
iur,her invitation
AsGISs On Monday March 20, ANNIE McGRKIr, wife
OF Richard X, Askns, in the 31st year OF her age.
Funeral will take place from is Franklin ST., wednes-
day, al two o'clock
BAEKR-0n Monday, March 20, ALGERSoS SYDNEY
BAKER son Of Mary J. and the late Samuel o. Baker,
aged 70 years
Funeral services the residence OF his mother, No
80 East S2d ST.. on Wednesday evening, at half-past
seven o'clock
The body will be taken to Chappaqua, ~ Y, on
Thursday morning. for interment
CAssIDY.-ln Brooklyn, D., Monday, March 20,
1876, THOMAS CASSIDY in the both year ohs age, alter
q short illness
Relatives and friends OF the family respectfully
invited 10 attend the funeral from hs late residence
50 Division avenue, Brooklyn, 4. d., Wednesday
morning. March p, al hafpast nine o'clock. The re-
mains will be taken 70 Sta Peter and Pauls church,
I'd At, at ten O'Clock, where solemn requiem mass
will be offered for the rcposo Of hts soul aud from
khAnaa "A cai-.s~ c~-aes~-~ fa- inA~--~nA
The New York herald., 1876-03-21
ExThADITIoN WITH BELGIUM.

Henri Adolphc Flammand was yesterday taken be-
fere United States Commissioner White on charge or
having murdered Peter Rcmy, surnamed Pierre Rob
erL at Jumel, Belgium, on the morning OF February
10, ls72 The prisoner committed without bail
TO await examination, which will be hold on Salur
day next
II appears that Flammand and Robert were coal
miners and working JumeL on the evening Of
February is, 1873, they beer saloon in Jumcl
and engaged In drinking and dancing Robert be-
came angry and told Flammand TO stop dancing and go
away iron him Flammand replied, Il will 40 over IN
my own corner and dance and will not bother you
Robert. rs said went 10 HIM, struck him and
cut his face. During the fight Flammand had his
clothing torn He then went home, but after
went TO another beer saloon, and there when
Robert and girl came IN. The girl said, "Don't
60 over there; there IS that man again" Robert re-.
pied, Z" am not afraid when Il is to man. and
be passed toward Fammanu, who went into street.
Immediately aterward the people heard cry help
The ar with the others and found Robert lying
fkad on the No one, said the enooun-
ter Fammand says that he acted in self-defence and
that n be mad not killed Robert ne would have lost his
own life. II Is charged that the murderous weapon
was n sword cane The prisoner arrested by
United States Deputy Marshal John Robinson at sand
Creek near Rockville Ind, where ne working 10
coal mine and passing under the name OF Gilbert
OricoL He has wife and child living at Sand Creek.
Ne asked 70 have counsel assigned 70 him, As he has no
The New York herald., 1876-03-21
WHAT CONSTITUTES A WARRANTY,

tried yesterday in the Marine Court Part
3 before Chici Justice Shea, that again goes to
enlghten business men to what constitutes war
ranty the purchase and sale OF goods j. II. Leeds
sued Samuel IL. Molleson for the value OF fourteen
bales of what is known TO trade burap cuttings,
baggngs which the latter had purchased from the
plaintiff what the defendant claimed a warranty
to quality The goods were sent TO defendants
mills, at Lee Mass for manufacturing purposes The
parties there discovered that the cuttings OF
ond quaty-not fitted for their purpose-whercupon
the defendant had them refreighted to New York. and
notified the plaintiff that he could not use them, and
had them stored to his order The latter would not
accept them, and sued for the contract price. The
Court held that there acceptance within the
statute OF frauds, that there evidence of
rnnty, and directed verdict for the plaintiff staying
proceedings pending motion for trial. Mr.. Shel-
don appeared for defendant and Acssrs Bell and Mel
hado Tor defendant
The New York herald., 1876-03-21
MEMENTo OF THE TWEED REGIME

An interesting trial, which revves memories OF the
old Tweed regime, was commenced yesterday before
Judge Van Worst holding Supreme Court, Circuit
Mr. James $. Blydenburg who brings the suit sets
forth in his complaint that when the Croton Aqueduct
became part of the Department OF Public Works PRIOR
TO October "a 1870 he the owner in fee OF grst
mill and mill Mescoot River, in Wesichester
county three miles below Lake Mahopac which was
worked by the natural overflow OF said lake and Kirk
Pond. and had prcscrptive right TO the mill; that
prior October "a 1870, the Department OF Public
Works, fearing drought, dug down the natural out
lets OF the ponds and damned up the ponds that de-
PENDANTS drew OF the water much below ordinary low
water mark and that the ordinary overflow being
stopped, plaintiff unable TO work his mills for
period OF $50 days, for which he claims S6,OSi 80
damages IL is claimed on behalf OF the city that
William VI. Tweed, who Commissioner OF Public
Works IN 1870, gave the Mahopac Manufacturing Com
pany authority to draw from the lakes TO the extent or
their rights; that the Department OF Public Works
owned the dams and bulkheads the outlets and the
right 10 and draw of the water 10 the extent TO
which IL was drawn of and that the alterations and
digging down done pursuant 10 this arrangement
with the Mahopac Manufacturing Company. The trial
Is likely 10 occupy several days
The New York herald., 1876-03-21
TWO SERIOUS ACCIDENTS.

On Sunday evening last Daniel 0'Connel, liquor
dealer the of Erasmus and Prospec; Streets
East New York, met with painful accident Finding
that keg OF root beer had become frozen he placed it
before the stove for hour. and then taking 1t up
began to shake IL The agitation OF the beer caused
rapid fermentation and the keg exploded in his hands
Tho unfortunate thrown to the other end Of
the store his left eye was torn from tho socket and
his check fearfully laccrated He was picked up
insensible.
carpenter named Nelson Wood. aged fifty years,
residing at No AIS Van Buren street. Brooklyn, fell
from a scanod on which he working build
ing on Gates avenue Nosrand avenue Yesterday,
and severely, II not fatally, injured. He
moved 10 his homo.
The New York herald., 1876-03-21
WASHINGTON PLACE POLICE COURT.
Before Judge Morgan.
ATTEMPTED ESCAPE.


Two young men, named James Evans aud Joseph
Stevens, were fined SO for disorderly conduct ON
being taken the "Back Maria" Evans ran away from
the court officers. He ran swiftly, closely pursued by
Onicer Kenncy, Of the Fifteenth precinct snd Court
Officer Andre After an exciting chase through Greene
street. Wavercy place, Mercer street. Eighth street TO
Broadway, he was finally recapturcd opposite Stew
arts store by Oillcer kenney Tho other prisoner,
stevens, attempted TO run down Greene street at tho
same moment that Evans got away. but was soon
caught by Court Officer Brennan The court officers
never moro lively, and they prevented general
escape In future Sergeant Berghold Will have an
officer TO take each prisoner to the van instead of
marching them In single hle, as heretofore
POLICE COURT NOTES.
At the Washington Place Police Court John Miller, of
No. os King street, nela in $500 TO answer Tor
stealing $40 worth OF patent medicines from Peter b.
Knapp's store, No. 500 Hudson street.
The New York herald., 1876-03-21
ILLEGAL REGISTRATION.

In the United States Circuit Court, Criminal Term,
yesterday the trial OF William J. Hrschfeld charged
with having illegally registered voter in this city
on October L. 1874 concluded before Judge Bene-
dict and Jury The defence was that he registered
by and with the consent of the Board OF Registers and
without guilty knowledge The jury returned with a
verdict of guilty, and the prisoner was remandod for
sentence. motion ir arrest of judgment will be
argued Thursday The parents and three sisters of
Hrschfed were in court On the announcement OF the
verdict one of the sisters tainted the father seemed
wild with excitement and the others screamed and
wept, creating intense excitement
The New York herald., 1876-03-21

charged the authorities there having jurisdiction,
rearrested yesterday by Detective huvey OF the
Twenty precinct In this city, and taken be-
fore Justice Duny, al the Tombs Police Court and, on
complaint OF his first wife, who yet seemed reluctant
70 make the charge, was held for trial in default OF
81, 900 bail
John N. McPhillips OF No 4sK Catharine street, was
arraigned before Justice Duffy yesterday on charge
OF having IN his possession eighteen pairs OF shoes,
valued al $40 alleged TO have been stolen from
wholesale house Warren street The Justice re-
mandcd the accused until this morning.
There was not case on the returns TO the Tombs
from the Sixth precinct yesterday morning
The New York herald., 1876-03-21
SUDDEN DEATHS.

The following of sudden deaths yesterday
reported at the Coroners' ofice:-
Francis Landsraf aged fory-hree of No. 100 Second
avenue
Henry Carter, aged sxty-four, OF Carlton avenue,
Brooklyn, who died nj No. 200 Pearl street.
William Manix, two years old, OF No 63 Thompson
street.
Louis Homrighauscn, fourteen years old, who fell
down in III on the corner OF Sixteenth street and
Fourth avenue, while playing with some other boys,
and died before assistance could be rendered.
The New York herald., 1876-03-21
COURT CALENDARs-THIs DAY.

SUPREME CouRr-CHAMBERs-Held by Judge Dono-
hue-Nos. 80, CO. 65 60 TO- ST. 96 o. 9S 90, l05 1l9,
100 l2e lso, iSo 2Oi 2os 2O4 2i5 2i7. 2lS 227 ga
274u275, 2s3, 294 295.
SUPREME CouRr-GESERAL TxRx-Hela by Judges
Davis. Brady aud Danies-Nos IS. "a, 81 IS, ~ 40,
1856 l5S
remore i99 l39, Al $50 II, 93 242 6s, 239, ST.
81 25l 200 So 36S lS3 lS4 lS5, 1856, ls lSS lS9 l90
191, 192, 1913, 1914 195.
surRExK CouRr-ciRourr-Part Held by Judge
BarretLNos l5slh, 1884 1926, l245, 1885, 955, 270l
ILL., 1852 2200 1878 1913 1871 1872 1881 1888, 1885,
1887, 1889 1921. Part 2-Held by Judge Lawrence
Case on No 2352 No day calendar Part 3-Held by
Judge Van vorsG-Case on, No. 1850 No day calendar
SUPERIOR CouRT-GENERAL TERM-Adjourned sine
SUPERIOR CouRr-SPEcrAL TKRM-Held by Judge
Curtis Nos. 29, l6
Judge Sanford--Caso on-No. 1911 No day cal
cndar Part 2-Hed by Judge speir.-Nos. 10l1,
99O Soo g52 $50, 7lo, 49, lo2o, s92 1902, GA 1'S,
COMMON PLxAs-Eourrr rERx-Hold by Judge Van
Brunt.-No. 81
COMMON PLKAs-GKSERAL TERM.-Adjourned until
April
CoMSoS PLEAs-TRrAL TrRx-part Held by Judge
Robnson.-Case on-No 1878 NO day calendar.
MARINE CoURr-TRIAL TERM-Part Held by Judge
Alker.Nos 6964. 2l32, 2706, 2S49 1857, 1885, $685.
1929, 1885, S9l5 $40 1924. 1892 1884 22l2 Part 2.
3S02 $685. 690l 1901 6432 62l4, 3139 340 5064 $685.
344o, 349l Part 3-HcId by Juogc Gocpp-Nos. SI69
6S40 6777 6657 $500 $780, 30l0 6672 5070 4690 60lO
s5eS 6Il2 e5ls 0673 7oSl 7ioi $780, esS2 6s45 ess6,
7l09, 6792, 6Sl6
UNITED STATES DISTRICT COuRT-ln Admlralty--helu
by Judge Balcht tord.-Same calendar.
COURT GENERAL SEssoSs-Held by Recorder
HackctI-The People VS. James o Bren and Frank
Thompson, robbery; Sames ". John NJ Cooper, ieIo
NOUS assault and battery; Same vs. Henry Bishop.
. felonious assault and battery; Same VS.. William
Mcdonald felonous assault and battery; Samt
Augusta Minell, grand larceny Same VS. Lille Fuce,
grand larceny; Same VS. James Flynn grand larceny;
Same VS. Richard Brlem, William Fuger and Valentino
Horn. grand larceny; Same William Johnson grand
larceny; Same VS. John Harding, grand larceny; Same
VS.. William Bell, grand larceny; Same vs. Charles V.
lowrey, grand larceny; Same VS.. Dennis Deery, petit
larceny; Same VS.. Henry McKeon petit larceny Same
VS. Thomas Mcdonald petit larceny; Same VS. James
McNameo m
The New York herald., 1876-03-21
DOLAN'S CASE.
ARGUMENT FOR AN ARREST OF JUDGMENT In
THE COURT OF APPEALS.

ARGUMENT FOR AN ARREST OF JUDGMENT In
THE COURT OF APPEALS.
ALBANY, March 90 1870
Mr.. A. oakcy Hall to-day argued the Dolan
before the Court of Appeals He contended
that the judgment must be absolutely arrested
and Doan set free because the whole indict-
ment is invalid as the people, by confessing the
facts OF the Grand Jury plea admitted that tho County
Clerk by duress prevented the Commissioner of Jurors
from drawing the Grand Jury, which the statute i'm
perativey requlres also because the verdict attached
solely 10 the first count which was error in that II
der
Mr. Haps argument a very elaborate and
was listened TO with great interest by large number
OF the members OF the Bar OF this and other cities
who attendance at the court District AttOr-
ney Phelps appeared for the people and delivered
brief argument he being evidently not in good health.
The New York herald., 1876-03-21
pOLICE COuRT NOTES

Detective Elder, OF the Central once was detailed
a few days ago to arrest all suspicious persons he
might find down town In the neighborhood OF banks
brokers' ofces &c The detective yesterday arrested
in Hanover square Andrew Whitman, alias Alexander
Ward, and Frank Knapp, alias Frank Ryan. They
were taken before Justice Dudy a. the Tombs Police
Court but there being evidence against them they
discharged Ryan Is one OF the men who in 1866
robbed the Royal Insurance Company OF this city aud
escaped TO Canada, where he stayed until compromise
with tho bank authorities effected
John ]. Cochran, Of Jersey CITY, who arrested
In Tho latter place few days ago for bigany and da
The New York herald., 1876-03-21
RUN OVER BY A CAR.

AT three O'Clock yesterday afternoon stonecutter,
named Patrick Burke was knocked down and run over
by Third avenue car at Eleventh street. The wheels
OF the car passing directly his chest crushed In
will In all probability prove fatal. He was picked up
and sent to Bellevue Hospital Burke is forty-fou
years old, unmarried, ana resides at No. 244 East
Seventy eighth street At late hour last night ne ap
peared TO be in dying condition.
The New York herald., 1876-03-21
ATTEMPTED ASSASSINATIONS IN
BROOKLYN.

Justice Delmar committed Henry Hieginbotham to
jail yesterday on a charge OF stabbing Henry Murray
ofNo. 4s4 Baltic street, who is lying in preca-
rious condition
Patrick Breen, shoemaker, who keeps shop at No
562 Kent avenue BROOKLYN, arrested yesterday
charged with attempting take the life OF DAVID Nash
Tho prisoner while intoxicated made several thrusts
with knife at Nash and the latter saved himself by
wardng of the blows with his hands, which were
severely lacerated
The New York herald., 1876-03-21
ANOTHER "PIQUE" INJUNCTION.

Mr.. AuguslIn DAILY. OF the Fifth Avenue Theatre, has
had another injunction victory Judge Curtis, OF the
Superior Court, yesterday gave his decision prohibit
ing the publication in the Family Story Paper OF tho
story "Marred Through Plque; or the Stolen Child"
under that title he holding that using the word pque
Is infringement OF Mr.. Daly's drama OF this name
Using the of some Of the characters Judge
Curtis does not think accidental
The New York herald., 1876-03-21
PACIFIC MAIL INVESTIGATION.

The investigation into the charges preferred against
Richard Irwin in connection with the funds of the
Pacific Mail Company, which to have been resumed
yesterday at further adjourned until Monday
next at eleven O'Clock.
The New York herald., 1876-03-21
ALLEGED OFFICIAL MALFEASANCE.

Yesterday Counsellor John Flemming, of the
Jamaica Bar, appeared before Justice Pratt Supreme
Court, Kings County and presented petition, signed
by large number OF taxpayers and citizens OF that
town. praying for the removal of Henry s. Lott and
George Bennett Justices OF the Peace of that place. for
alleged malfeasance in Office. The counsel moved that
the Court appoint referee to take testimony and to
submit the report of tho result to His Honor Judge
Pratt took the papers and reserved his decision The
accusation is that OF charging the for trials that
held and for collecting fines and not re-
turning them to the treasurer.
The New York herald., 1876-03-21
MARRIAGES AND DEATHS.
MARRIED

HicGiSs-STocKroS March Is, 1876 at the resi-.
dcnce OF II. Wilgus ESQ.,, Brooklyn, by Rev Charles
w. Homer, rector ST. James Episcopal church,
FRANCIS T. HicGrSs to ETnE j., daughter OF the late
DR.. Samuel Stockton. OF Philadelphia
Philadelphia papers please copy,
The New York herald., 1876-03-21

money friends here The demand for his exirad-
'tion was made by Mr.. Charles Mali. consul for the
Kingdom Of Belgium at New York. under the treaty
ratified March 81, 1874. and proclaimed May I, 1874
hessrs Coudert Brothers appeared for the Belgian gov
crnmenL
The New York herald., 1876-03-21
MARINE CoURT-CHAMDERs.
BY Judge McAdam.

Hall VS.. Chadwick. Opinion.
Leslie VS. McCare, Barowsky VS. Jacoby; Barron VS..
Bennett; The Campbell &c, VS.. The Aldine Company:
Handrich Hinch; Russell and Erwin Manufacturing
Company Godfrey; Bank OF the Metropolis VS..
Meyer; Meyer VS.. Steinberg; Bunnatta vs. Trauz-
Motions 10 advance causes granted.
Weeks VS.. Putneyi Burke vs. Lyons.-Motions for
judgment granted
Griffin VS.. 0'Mara-Motion tor commission granted.
Murphy VS.. CahilL-Motion denied
Becker VS.. Meyer.-Motion granted.
Whean VS.. Curtis Referred to A. Barton Hough
By Judge Gocpp
National Park Bank VS.. Bunce. oton denied, with
$40 costs. Opinion.
The New York herald., 1876-03-21
COURT OF APPEALS.

ALBANY, March 90 1870
The following is the day calendar OF the Court OF Ap-
peas for Tuesday, March 81 1S76-Nos 9, IL, 16 IL,
10, 20, IL -.
The New York herald., 1876-03-21
FALSE ECONOMY.

The few tons OF coal given couple OF weeks sincc
having given out, the court room not heated yes
terday and tho chness ofihe air was so great that
business was interrupted. An attempt was made TO
the place by lighting the gas, but Il was useless
and the clerks had 10 stop writing.
The New York herald., 1876-03-21
FIFTY SEVENTH STREET COURT.
Before Judge Murray
ARREST OF TWO BURGLARS.

ARREST OF TWO BURGLARS.
John Kelly and Richard Mulberry boys, we're ar.
rested on Sunday by oacer Malon Of the Eighteenth
precinct, on a charge Of committing a burglary on
Saturday night the liquor store of Peter W. Ma
gulrc No. 1 Irving place Sixty dollars worth OF ci.
gars were stolen, besides a hat and pair of CATERS
The latter articles found OF tho prisoners
trial
The New York herald., 1876-03-21

both parties desire tie divorce and that Of the
impression that the Court Is not put in possession OF
all the in the Counsel may be heard If they
desire
The Union Consolidated Mining Company VS.. Raht.-
All the allegations upon which tho plaintiffs right TO
injunction rests denied by the and ALL
davs Of the defendants familiar principles. The
motion 10 continue the injunction must therefore be
denied entertain some doubt 20 whether tho at
iaehment may not be sustained IN view OF the amend
ment TO the complaint but will hear counsel further
upon that point If II is desired
Weimer vs. Lampe ct aL-Motion for the contnu-
ance OF Injunction granted and Mr. George Banke
is appointed receiver Receiver TO give bond IN penalty
Of 81, 500.
Stewart VS.. Strasburger-In this case do not see
Row the order Of be sustained The de-
endant did not personally purchase the goods and he
made represeD taton as TO his responsibility, nor
can 1t be sald that, 10 the purchases made by his
WIFE, he frauduleny concealed the fact that he was In
solvent in failing circumstances II the wife was
guilty OF fraud the adavs fail 10 establish that the
defendant prompted her to commit tho fraud or In any
way participated IN IT. II may well be that the de-
fendant has, the plaintiffs adavts tried TO show,
dcfrauded other pcrsons aud that he has made fraudu
lent representations 10 such persons but as IL does
not appear that he was in any way connected with the
purchases which the subject OF this action, can
find power in section l79 OF the code under which
he is liabo TO arrest Motion granted without costs