davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-03-03
DECISIONS.
SUPREME COURT CHAMBERS.
BY Judge Lawrence.


Sheldon, &C, VS.. Ray.-The plaintiffs sue as part
ners and a denial Of knowledge information suff-
cent belief AS TO such partnership Is made
by the defendant An Offset counter claim Is also
averrcd by the defendant. The answer may be false
but do not see how | can hold IL 10 be frivolous
young vs.. Kent 4e n Y, 67z; Thompson VS. Erie
which can be put upon the short calendar and tried
very speedily Motion denied, without
Moody VS.. De Moooy.-I Will sign the order in this
upon the amendment being inserted which is pro-
posed by counsel in his points
Stanley VS. Borgcr.-Ihc athdavit on which the order
sought TO be set aside was granted is not among the
Smith VS. Koch-Motlon to overrue answer as frivo.
lous granted, with costs, and judgment directed for
plaintiff
Jara VS. Moer-The case OF Mayhem vs. Dunca
81 Barb ST. seems to sustain the right of tho
Sheriff TO tax the item which Is disputed
Schuyler va Seyens-An allowance Of $3.50 is
granted to the defendant
Tadiken vs. CantrelL-Motion for leave TO fle and
undertaking is granted on payment OF SO
costs of motion
Lindsay vs. Lindsay motion must bo denied
without costs Snyder vs. snyder Barb, 624; Jones
VS. Jones, 2 Barb, 146
HaiQht vs.. Nisbet et-Notion 10 vacate attachment Is
denied on these grounds:-Frst, delay in making mo-
tion; second the Court should on a mere motion
try the question whether Nisbet much indebted
10 his partners TO have interest the property
attached; third, the remedy OF the other partners
would seem 10 be by action (Borcher vs. Rombicr, 4
Abb, 3e6) fourth, the other parties not being par
ties to this action, cannot make motion therein l3
Barb 412); NTH, the question sought TO be disposed
by this motion can be more deliberately examined at
the trial. sixth, the defendant may advance the
Schneider VS. Reimer-The amount Of bail required
or baec By the order OF arrest seems 70 be
| shall reduce tho amount TO $1,000
Stotts vs. CantrelL-Grauted
Mschado va saltus.-Moton for the appointment Of
receivcr is denied, without costs and with leave to
Anderson w Jacobs 0nc Of the objections assigned
by the platntin for returning the undertakink was
The New York herald., 1876-03-03
SUMMERS ALLEGED FORGERY.

Tho friends Of Perrne H. Sumner, the alleged Cali
fornia forger, in Jail at Jersey City, have made
another desperate effort to effect his release tee-
gram was received yesterday by Sheriff Laverty. to
which the Of Colonel stebbins private secretary
Of Governor Tilden Affixed setting forth that the
Governor had revoked tho mandate for the arrest Of
Sumner the requsltion from the Governor of
California and directing the discharge of the
prisoner Sheriff Laverty disregarded this missve for
several reasons First the telegram not off,
ond the Executive OF New York has authority over
officials Of another State and thirdly, the prisoner
is In custody under order OF the Court which the
Sheriff has power to set aside. Summers counsel
have appealed to the Supreme Court at Trenton from
the decision OF Judge Knapp delivering up the prisoner
TO the California officer New Jersey officer hovered
round the jail all day yesterday arrest Sumner on
another suit in he should be discharged. No
order received by the aier yesterday relative TO
the case.
The New York herald., 1876-03-03
BUSINESS TROUBLES.

Frederick Vilmar, a prominent dealer In human
hair has made an assignment TO Charles Tag for the
benent OF his creditors Frederick vimar Is Brga-
der General IN the Second brigade NG.S.NY., and a
large owner Of real estate. He owned the handsome
premises on Bond street which he occupied and hold
leading position in the hair trade His liabilities
supposed to be principally abroad, but their magni
tude cannot be ascertained at present
A. L Torrey, packing box manufacturer, OF No. 0s
Norfolk street. has been sold out by thesherir
The frst meeting OF the creditors OF Runyon W.
Martin stock broker, will bo held at the ofics OF
Register H. Wilder Allen, No, 152 Broadway, on the
18th inst at twelve O'Clock.
The examination in the matter OF Myerson & Plant
Is being continued before Register Fitch, Of No. 345
Broadway.
meeting OF the creditors OF NJ t. Russell was
called for yesterday at the ofce OF Register Dwight
No. Beekman street. 10 show cause why the bank
rupt should not be discharged No creditor appeared
In opposition.
The third dividend this one OF four per cent in the
matter OF James L. Aspinwall, wholesale druggist
formerly OF William street. is now being paid by the
assignee, Mr. George NJ. olcott ofDodee 4 Olcott OF
William street. This will make a total OF thirty-nlne
per cent thus far paid, and there is aprospect Of
fourth one beng declared
The following schedules were fled in the
Court OF Common Pleas yesterday:-
julius N. DUBOIS to Albert Delouest-Liabties
$3,3sl 72: nominal assets s3,295 so; actual assets
$3.50 43. Bond ordered in the sum OF 81, 600
Max Marks to Otto Andreal-Labllties not stated (;
nominal assets $1,97l 49,; actual assets, $1,97l Is
Tho Eagle Condensed MIX Company, No 55 West
Eighteenth street. is in tho hands OF a receiver Mr. b.
Bartram. II was organized about four years ago.
with capital Of $75, 600, George Conklln being the
President The factory. at Amenia, Duchess county,
has just been sold by tho receiver to John g. Borden
for $l2.525.
The effects Of the New York Knitting Machine Com
pany, No. $50 Broadway, sold by tho Sheriff for
$780, TO satisfy judgment Of $500 obtained by Martin
H. Brown
James L. Davis Son, groccrs and commission
merchants, No. 1S4 South street havo been compelled
to extension from their creditors for three
and nine months
James Ii. Baggett OF Baggett Co., cotton, has gone
into bankruptcy. HIS liabilities distributed among
fty-two creditors many Of whom reside IN Charles
ton, s. The assets are nominally sos, ,562, but they
entirely worthless.
The suspension of Henry NJ. Slverman, manufac-
turer OF furs and caps No. 554 Broadway has caused
considerable surprise In the trade. The firm has a
large manufactory IN Brooklyn, and has enjoyed the
highest commercial credit The main cause OF the
suspension is the general business depression Messrs
Samuel Shethar and Martin Bates have been appointed
a committee by the creditors to examine into the
affairs of the firm, and they busy with their
iunfio
The New York herald., 1876-03-03
SUMMARY OF LAW CASES.

Judge Barrett yesterday set down for Monday next
The argument on the motion to make the stay OF pro-
ceedngs permanent in the case of William j. Rec, con
vlcted Of negotiating forged bonds.
Judge Lawrence yesterday in Supreme Court Cham
bers postponed until the sth the argument the
motion to confirm the report OF the Commissioners OF
Estimate and Assessment the opening Of Fort Wash
ington Ridge road.
day between Mr. Parsons and General Pryor to with
draw the interlocutory motions pending the court,
and leave the sole question passed upon udicialy
whether the trial shall take place in this city in
Brooklyn.
In the suit brought by Julia oatley against John
Fetretch, tried before Judge j. +. Daily in the Court
or Common Pleas, the facts OF which have already
been published, verdict was rendered yesterday for
$3.50 for the plaintiff. Messrs Hall and Blandy ap-
peared for the plaintiff and Joseph Fetrech for the
defendant
Chief Justice Monell OF the Superior Court yester-
day. in suit brought by Madeline l. Gcntil against
Sheriff Brennan, gave an opinion holding that mar
RED woman, in allowing her husband to conduct bus
for her and TO treat the property and deal with 1t
as his own does herself of her title that
she could hold the property against her husbands
creditors.
SUIT was commenced yesterday in the District Court
of the United States before Judge Blatchford to
$l30 000 alleged to be due the United States
for stamp and penalties for neglect to aix stamps
to o medicine known as "Boonekamp Biters The
defendants are Samuel r., Frank H. and William H.
Adams
The trial of Austin Black, on charge OF subornaton
OF perjury, was resumed yesterday before Judge Bar
rett IN the Court of Oyer and Terminer Various ad-
ditional witnesses called for the Defence incud
ing in the number five who testified that Dusenbury
admitted to them that Mr.. Black never authorized
him to procure any evidence for him. but stating that
testify that Mr. Black authorized him TO buy witnesses
for hun
The New York herald., 1876-03-03
A COLONY OF HORSE THIEVES.
THE MILITARY MAKE A RAID ON REGULAR
''RoBBER's RoosT."

THE MILITARY MAKE RAID ON REGULAR
''RoBBER's RoosT."
From the Denver lCol. News, Feb 27l
Between assassinations, horse stealing. Indian raids
and the lesser incidents of daily fe times rather
stirring down in New Mexico. correspondent fur
nishes the particulars OF a raid by detachment OF
cavalry the other day band Of horse thieves at
Boquila small settlement fortyhve miles from Fort
Stanton. The settlement, numbering about forty
men, - comprised entirely OF thieves, who make horse
stealing their calling Originally four or nvc thieves
settled there. with this beginning rogues from all
parts OF the Territory, Colorado and Texas began
colonzlng there tho number steadily increasing until
tho desparadoes became so formidable that the
officers, knowing the character OF tho gang,
wero afraid 20 make an arrest When away
from Boqua, of predatory incursons, the
rorues would always claim TO hail from some
other place The little plaza ia the midst Of the colony
is perfect fort Every means for defence has been
provided. Shafts sunk at intervals about the plaza,
and provided with ladders connect at depths from ten
to twenty feet with drifts, subterranean passages
some them running hundreds Of feet 10 neighborng
ravnes and thus aordng means OF escape In case any
attempt at arrest should be made For years this colony
OF thieves has existed, in defiance OF tho Law and the
authorities. Their operations have extended over
wide range OF country, and hundreds, perhaps thou
sands, OF horses have been gathered In by them and
traded aud sold In Tcxas the Indian Territory, Col
orado aud Arizona. The chiefs OF the colony appear
from the confession OF tho mombers Of the gang re-
Gently arrested to be three Mexicans named Chavez
Macs aud Lcios who fearless and bloodthirsty vii
lans They have kept scouts out all sides
day aud night each citizen by turn being subject
guard duty aud II a stranger approached the alarm
always sounded and while portion Of the gang showed
him distinguished attentions and showered their hosp
taltlcs upon him, the rngeaders darted away under
ground reappcarng at the surface when II seemed safe
to do so. The cavalrymcn who made the recent
descent captured four OF the worst in the lot,
though not the rngleaders The people got wind some
how, of their coming, and when the horsemen gaoped
up TO the plaza they found only fcw mon and some
women IN the viage The thieves who were arrested
when lodged In the guard house at Fort stanton con-
fcssed their calling and boosted that the gang bad over
200 horses within ten miles OF Boquia and dened any
10 discover them IL Is surmised that, everything
else being on an equal scale, this gang have large
suberrancan stable where the stolen equnes are kept
oavarvmen satisfied themselves OF the existence ofthe
UNDERGROUND passages but did not venture 70 explore
them large force will investigate the whole neighDor
hood and try 10 discover the whereabouts Of the
cealed anlmals
The New York herald., 1876-03-03
THE WEST T-BRECHT MALPRACTICE
CASE.

On Saturday morning tomorrow the persons now
In the Raymond Street Jail the charge of being
cerned in the malpractice which caused the death
OF Christine Brecht the young girl who was BETRAYED
and then led to submit to fatal operation, will be ex
amined before Justice Delmar The prisoners the
former lover Of deceased Hans slater and Dr. West
and vile. The latter who live in Bleecker street. New
York. alleged to have prescribed for the uniortu
nate young woman Coroner Vreeand of Newark.
N. j., who held the inquest the body has sent the
papers the to the District Attorney of New
York who will lay the matter before the Grand Jury
there The prisoners will transferred TO this city,
as the alleged malpractice took place in New York,
though the girl died in Newark.
The New York herald., 1876-03-03
MRS. MILLERs MISFORTUNE.

AT ten O'Clock Wednesday night 0flcer EngernAn, Of
tho Eighteenth precinct was informed that un.
known woman, barefooted and scanty clad In night
Dress had just attempted to herself at the foot
Of East Eighteenth street Proceeding thither the on
found poor creature shiverng with cold and had
her removed to Bellevue Hospital, where II
tanned that she was suffering from attack OF ep-
lepsy. when sufficiently restored she gave her name
as Mrs. Houretta Miller, Of No. 627 East Eleventh
She had retired TO rest with her two children
At nine O'clock and did not remember leaving her bed
Yesterday afternoon she became violently insane and
was consigned to the celia
The New York herald., 1876-03-03

that not Joint and several (see Harts adavitl
Inc undertaking not having been submitted ] cannot
pass upon that question. Counsel for plaintiff during
the argument referred case as conclusive
authority against this notion do not find any refor
ence TO the case In the papers Let the undertaking be
submitted on or before Friday, March Counsel may
also hand in authorities If they desire to do So
Snase VS. sPeIing-As TO part Of the claim the an,
when the action was commenced. l cannot regard
such an answer as frivolous AS there is allegation
IN the answer In respect TO the Arm Of Chase Stewart
Co., IL seems to be Irrelevant If the effect OF the
swer is 10 admit that portion OF the plaintiffs clam
Is due the remedy would seem TO be under section 244
Smith vs.. wriGht-In this case deem It proper to
order reference TO take the testimony OF the parties
also have made ahdavits aud shall direct the matter 10
stand over until the referee report
Dandy Mckenzie ct al--The right OF the plaintiff
to the relief which he seeks is view Of the denials
and allegations contained in answer altogether too
doubtful to justify the continuance of the preliminary
Injunction Motion to continue the injunction denied,
with costG The injunction is not among the papers
handed in
Burrell vs. Perry understand the counsel for the
Judgment creditor TO concede that the debtor might by
formal motion TO stay proceedings, relieve himself from
this examination. This being so, and affidavit
having been ed by the debtor setting forth the pro-
ceeding in bankruptcy, shall regard what tho
sci terms suggestion "of the bankruptcy OF the de-
fendant as motion" on the part OF the defendant
made upon the return OF the order for his exemption
from examination account OF the bankruptcy pro-
csedinss (R S. o. s., S,l4e) think that the order
should be presented to the General Term
Auimerdt vs. Goldstein.-I am very strongly in
cned To the opinion that the defendant has not been
in actual custody within the 2SSth section Of the Code
No bret has been submitted by the counsel for the de-
fendant AS the involves the liberty of the cit
zen, will appoint further hearing for Friday the Sd
OF March, at ten A. NJ when counsel either side may
be heard or present points or briefs
SUPREME coURT-sPEcIAL TERM.
By Judge Donohue.
Well VS. Borchardt-Findings settled and signed.
Blackwell OF al VS.. Ward; Blackwell VS.. Armstrong
The proofs clearly show that the defendants sold an
imitation OF the article put up by piantn The plain
iii Is entitled 10 perpetual injunction with costs
SUPERIOR coURT-sPEcIAL TERM.
By Judge Sedgvick.
Leonard VS.. Wilde; Lombardo Forrestate Strass
ct al VS. Archer ct al. Constantine Rapp; Spy
Marsh; Rust vs. Hauslct-Orders granted
Kurshedt Nauheim, Nos. / and 2 Same Mey-
er ct a-Referee's report confirmed and judgment Of
foreclosure and SALE
The New York herald., 1876-03-03
ALABAMA CLAIMS.
WASHINGTON, March

WASHINGTON, March 2, 1915.
In the Court Of Commissioners Of Alabama Claims
to-day the following judgments rendered:-Case
11S2 Charles A. Doughcrty Of Philadelphia, for loss
of personal effects &c, by the destruction Of tho
Tacony by the Florida June IL, 1862 s772; Case ia,
Edward s. Cook, OF Boston, Mass for loss of personal
effects and wages by the destruction of the Whiting
Wind by the Coquetc, June G. 1868, S657 35 Case 764
Joseph Wannabie, OF Fort Scott, Kansas for loss OF
personal effects by the destruction OF the Tasman by
the Alabama, June 8, 1863, petition for rehearing
filed; original judgment set aside and judgment en-
tered for 81, 74l.
Adinnrnnh
The New York herald., 1876-03-03
ABANDONING CHILDREN.

John worner ofNo. 1o3 Second street. on going into
the back yard OF his residence, about O'Clock
yesterday morning, not very agreeably surprised
find lying tho ground the dead body OF female
infant Il was apparently only few hours old Ho
reported the fact to the Sergeant Of the Seven
tcenth precinct
About the same time the dead body OF another now
born infant found not two blocks from the other
one, the hallway Of No "a First street. The Coroner
was notified OF both cases
The New York herald., 1876-03-03
SUDDEN DEATHS.

The following cases OF sudden death were reported at
the Coroners' Office yesterday
Mary Ann Preston, three months old, OF No. 0 Null
berry street.
Emil schwab hve years old, OF No. SS2 West Thirty
eighth street. from scads received three weeks ago.
Mary Manley aged forty hve OF No "a Thames street
who dropped dead while At work In tobacco factory
In Liberty 1reeG
The New York herald., 1876-03-03
GERMAN IMMIGRATION.

During the past month 46i German immigrants
arrived at Castle Garden, including 206 from Prussia
80 from saxony, 2s from Alsacc and Lorraine, so from
Baden and SO from Bavarls. One hundred and sixty
nine Of these found employment through the CastsA
Garden Labor Exchange, the women as servants and
the men as laborers. The Relief Committee Of the
German Immigrant Society during the past month
pended 81 6l3 in aid of German Immigrants in desti
tute circumstances, and the sum OF So 900 was appro
prated the funds OF the society TO be expended in
the aame manner during the present month.
The New York herald., 1876-03-03
COOPER UNION FREE LECTURES

The next lecture In the free course OF scientific leo
lures for the people, at the Cooper Union, Will take
place the Great Hail. Saturday March T. at eight
p. NJ. Subject 'The Character and History Of tho
Geological Record" lecturer, Dr. J. 5. Newberry, OF
Columbia College.
The New York herald., 1876-03-03
SUICIDE IN A CELL.

In consequence OF slight scalp wound received
while intoxicated John s. Gantz admitted as a
patient into Bellevue Hospital on the 14th OF January
last. few days since he developed symptoms of in
sanity and was placed under restraint. At three
O'Clock yesterday morning he found suspended by
the neck the bars OF his cell window having torn
sheet with which he had made slip The body
was cut down while yet warm and physician sum-
moned, but life was extinct The deceased
farmer thirty three years old unmarried, and native
of a.
The New York herald., 1876-03-03
CoRoNERs' CASES.

Coroner Croker yesterday held inquest In tho
case Of Emil Hrle aged sixty No 52s Tenth avenue
who fell down stairs at his residence tho 18th ult
fracuring his leg and neccssitatng its amputation
the 2lst ult He died on the 2Sth. Tho jury brought
In verdict Of accidental death.
A similar verdict given in the case OF Edward
Kraus, eight years old OF No Columbia place, who
fell down sto0p In the hallway of No 2g3 seventh
aireei some months ago dying ON the 9th ult.
The New York herald., 1876-03-03
A BROOKLYN DIVORCE SUIT.

Action for absolute divorce has been commenced In
the Brooklyn City Court by Mrs Jennie Gill against
her husband, William L. GILL; The ground upon
which application has been made is adultery. The
parties who respectfully connected in Brook
lyn married in 1854 and lived together till 1878,
when they separated the West where they then
living, and ha, not since met They have two chill
dren, boy OF years and girl nine years old The
defendant practised law in Brooklyn for several years
and was a member Of the Board Of Education.
The New York herald., 1876-03-03
FIRE AT EAST NEW YORK.

two story frame building on Atlantic avenue,
the terminus OF the railroad, used as boarding and
lodging house and owned by W. Warner, caught nre
about four O'Clock yesterday morning rhe nremen
were quickly the and prevented the extension
OF the flames to adjoining buildings Mr. Warmers
loss will not exceed 81 900. Tho property was not in
sured
The New York herald., 1876-03-03
FIRE ON NINETY-FoURTH STREET.

FIRE broke out yesterday morning in the apartments
of John saur, on tho second floor Of the two story
frame building on Ninety fourth street. near Tenth
avenue. Damage TO furniture and building about
81, 400; insured.
The New York herald., 1876-03-03

Health. He was arrested and fined IS at the Fifty
seventh Street Police Court
AT the Harlem Police Court John Reilly and Charles
Clark held for trial charge Of breaking into
house and attempting to steal quantity Of leadpipe
The New York herald., 1876-03-03
THE BATTERY OUTRAGE.

Perrin Finnerty, the policeman who, somo threc
months ago, tried before jury, which disagreed,
on charge OF outrage preferred by Maggie Igol,
placed trial yesterday The win probably be
remembered 1t excited considerable interest at the
time being talked Of as 'the Battery outrage" The
girl claimed that the officer outraged her in the Bat
terry Park and afterward at the Eastern Hotel. The
principal witness for the prosecution being the
planant sire placed the stand yesterday by
sstant District Attorney Bell Her direct examination
impressed the jury very strongly, but being cross
examined her manner was violent and her replies
SO contradictory that Mr. Bell discontinued the prose-
tion and entered q nolle prosequL
The New York herald., 1876-03-03
COURT OF GENERAL SESSIONS.
SOME WRONG swEAn1No soMrwHrnE.

SOME WRONG SWEARING SOMEWHERE.
Owen Gcoghogan, keeper of drinking saloon and
dance house in the Bowery arraigned to plead to
charge OF assault preferred by Adam Neil Of No II
Forsyth street, who CLAIMS that February IA he
knocked down Gsoghegan and that the barkeeper OF
the latter one James McManus, struck him wthea
chair The two arrested and taken before Justice
Kasmre, who released owen ''ior want Of evidence"
held the barkeeper in 81 900 Mr. Neil
went before tho Grand Jury and procured indictments
against them, whereupon Detective Richard Field Of
the District Attorneys Office, rearrested Geoghegan
The prisoners pleaded not guilty and were held for
tria