davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
A CoMPLACENT RECEIVER.

According to tho affidavit OF James r. Adams, .
judgment for S4os 90 was obtained by Robert E.
Brown in January, 1871, against james K. spratt
Henry Brewster, tho attorney OF Spratt, 1t
is alleged, paid the judgment in full, but
In order to protect Spratt and prevent the
atter's creditors from collecting their just claims
no procured an assignment Of tho claim TO himself and
then brought up Spratt on supplemental proceedings
founded ON such judgment, and on tho consent Of
spratt and Brewster Mr.. H. H. Waters, brothcr-in-
law of sprat appointed receiver. but without any
surctiss sprat according 10 the further allegations
then made a confession Of judgment In favor vi j. W.
Brown for s. a. and IN supplementary proceedings
brought this judgment by Brewster who acted as
counsel Tor Brown, Waters was again appointed re.
ceiver Of the property OF Spra and, as IN the pre-
vious case, without any suretes. Mr. Adams charges
that Waters did not perform any duties as receiver,
but raudulenty contrved with Spratt, so that they
realized 500 900 from the property which Spratt
disposed Of and placed beyond tho reach
OF hrs creditors He charges that Waters
he appointed receiver Alter Waters had held tho
recciyership Tor some five years Mr. Eugene H. Elliott
was appointed receiver In his place, this appointment
being Srough. ABOUT ey a. SUIT n. Of Ion n,x H.
in 1872 for sl,1s6 Al. Various motions
and motions have been mado and various
parties havo also examined. The most interest,"
ing testimony Is that given by Waters, the iormer
receiver He states that has recollection OF the
date OF his appointment that ho never had any papers
TO his appointment, and did not know the namc
Of the suit under which he was appointed receiver He
says further that no gave hts receipts III blank TO
Sprat collect rents that he attended to the reccv
ershp only about months and then turned the
whole matter TO Spratt The case 10 now before Judge
Douohue for investigation.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27

him any wages unless he should hurn tho mill and en-
able him 10 obtain the for which t was insured
Bennett immediately fed and has not sirce been seem
Hibbs,. after lying In the Tcmbs tor several montns
brought 10 court and sentenced 70 iour years ~
State Prison.
NOTORIOUS PICKPocKErs SENTENCED.
william williams alias s'Bueskin," notorious
pckpocket living at No II Thompson street. who was
convicted OF stealing pocketbook containing 81 from
Patrick May At Washington Market, was brought up
sentenced to three years In State Prison James
Ryan. of No. 500 East Twentieth street, who stole
gold watch and chain from Thomas Bradley, Of NO.
269 West Nineteenth street. whlo the latter was Walk
ing Third avenue, pleaded guilty. ana was SEN
fenced to three years IN Stnte Prison.
SELLING wArERED MILK.
wiIhclmina Ruger. who keeps little store at No.
1914 Allen street, admitted tina she had sold wascred
milk and was fined $40.
A BATCH OF BURGLARS DISPOSED or.
Richard Mullen, No. 439 West Twensy-sixt street,
who broke into premises No. 524 West Thirtieth
street and stole the plumbing and gas fixtures, and
Henry earn. OF No. 3o4 West Eleventh street, who
committed q similar offence a. No. 20 Macdougal
street, both pleaded guilty. Judge Gdersee.e SEN
Prison. William Campbcl who burgIariously entered
the premises Of Margaret Campbell, No 100 West
Twenty street, and stolc quantity OF cothing
sentenced years IN State Prison, and James
Brady No 3Ol East Eleventh street, who stole TWO
pairs OF shoes from the store OF Abraham simon, No:
252 avenue sent 10 prison for three years ana
six moDths
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
AFTER THE COURT FEES.

The following communication was sent yesterday by
Comptroller Kelly each OF the justices Of the dts
trict courts:-
CRY OF NEW YORK; FINANCE DEPARTMENT.,
CoMrrnoLLER's OFFICE, Jan. 23, 1871
SK--l has been represented NJ this department that
in various proceedings suits fees collected ut mo
district other parties than The clerks of such
courts no part OF which, fees paid into the CITY
treasury.
By law IL Is made the duty Of the Clerk OF each Of
these courts collect and receive all tho ices thereof
aud to account for and pay the saino into The city
md tho Of this Stale prohibits
any Judicial officer except justices OF the peace from
Receiving 10 his any fees or pcrqu'sites OF
Office.
viii you cause all the fees which may be collected
10 be deposited In the city treasury by tho ocer re-
cetyinp thc same and prohibit any other person than
the Clerk and assistant clerk from collecting rccciv.
ing any fees wbstcvcr! Very respectfully,
JOHN KELLY, Comptroller
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
UNITED STATES SUPREME COURT.

WASHINGTON, ~ u jan 70 1917.
In tho United States Supreme Court yesterday tho
following business was transacted:-
No. 100 Pnipps l. Go. va sedgwick, Assignee in
bankruptcy OF Place 4 Co., and No. 101 Susan A.
Places Executors vs.. Sedgwick.-Thcsc are appeals
IRON the Circuit Court Tor the Southern District Of
New York, involving questions OF the validity Of
post nupal settlement made BY James X. Place upon
his wife, Of mortgage made by their joint exccu
ton to Phipps 4 Go. on house which was part Of
that The Court below found that PLACES cir
cumstances were admit OF the settlement
when It was made and that the property conveyed
consisting Of house at Fifth avenue and Forty third
street, IN New York. aud Its furniture remained por-
ton Of the banfrupts assets, subject to distribution
among his creditors, the attempted conveyance being
IN fraud OF their rights II is here contended that
husband may moke such settlement upon his wife
will be valid either against existing or subsequent
creditors II he DO In prosperous circumstances, and
tho gilt be reasonable provision and enough Is re-
served meet tho husbands debts existing at the
tme and that all these elements concur the pres
ent instance, as shown by the evidence In tho case
f. N Bangs appears Tor the appelices and William NJ
Evarts, Foster AMI Thompson for Pnipps Co. and
@
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
BROOKLYN THEATRE PROPERTY.

On February II the property on which the III fated
Brooklyn Theatre stood will DO sold by tho Kings
county Sheriff. In accordance With an execution placed
IN the hnnds OF that Official IL appears that when tho
theatre loan OF 900 was obtained from John A.
Cross. A friendly suit was commenced In the Su-
preme Court TO forccl0se tho mortgage, alter the fire.
by seymour L. Hustled and Charles Lowcry, as execu-
tors and trustees tho last will j. A. Cross dcceascd
against the building company. The pinntns neid
n",crs OF insurance for $40 0O0 OF which $50 600 has
been paid since the lire Judge Gilbert appointed II.
r. Bradshaw referee The latter reported that e3l, 226
was duo on mortgage and the Court Vrdsrsd 1udg'
meat on thAt smpunh
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
MONTFORD AND THE JUDGE.

In the Kings County Supreme Circuit Court, ycscr-
day before Justice Gilbert and jury, the case OF
Andrcas Montford OF New Utrecht, H. H. against Super
visor Edward Gubner Tor 1000 damages Tor SANDER
and Charles W. Church. Justice OF the Peace, OF Fort
Han iton for QUO damages for malicious prosccu.
ton, came up Tor trial The facts on when inc sut
tho examination OF Supervisor Gubner and justice
Church in their own behalf counsel Tor defendants
moved for a dismissal OF the case. verdict Tor tue
Iefcndan in tho case OF Gubncr thcn ordered hy
Justice Gilbert The complaint In reference to Justice
Church was dismissed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
COURT OF APPEALS.


In the Court Of Appeals. Friday, January 26, 1877
No. ITO Tyler VS.. Brock.-Submtted.
No. IT. Tho Tribune Association vs. Smith.-Arguod
by william Rosenblatt Tor appellant and Charles ID.
Adams for respondent.
No. 49, Develin va. O'Ncil--Argucd BY Allen Nc
Douaid for appellant aud Francis @. Deven Tor res
pendent
No. l7o Morriss vs. First National Bank OF Now
York-Argued by Charles E. Patterson for appellant
and John Cadman for respondent
No. III The Knck erbockor Life Insurance Company
Va HilL-Submitted.
No. l70 Wood VS.. Sheehan- Submitted
No. $780, Long va Warren. --Argued by N. n. Peck
for appellant and H. T.. Sicklcs for respondent
Proclamation made and Court adjourned.
The following Is the Day Calendar OF the Court OF
Appeals for Monday. January 20, 1S77:-Nos &c. 1S3.
1874, 1856, 1877, 1SS, 1S9 and l9l.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27

peas stl fingers in the courta Judge Donohus yes
ierday gave his decision In two motions IN the suit
granting . motion for leave 10 issue execution on
plaintiff Aling bond, and denying motion for judy
menL
tropolitan LILO Insurance Company recover So 900
ON policy OF insurance granted upon the life OF her
husband. She say: that premiums wsro paid rssu.
larry until lately whom the company refused TO accept
tho last premium She asks for Injunction 10 CON-
pei the company's acceptance OF such premium Il
stated on behalf Of the company that the policy was
Obtained through ialse representations Judge Dono-
hue yesterday refused 10 grant the injunction
Police Captain Van Dusen, who was dismissed ~ sns
Efforts DO rcinstatcd. Tie obtained writ OF GER
torar to compel the Commissioners 10 return tho pro-
ceedngs with testimony takon before them, TO tho
General Term This order dlsobeyed. and ycster-
day there quite an argument before Judge Dono-
damus sho Board. The Court took the papers
sigismund Boti, tho lawyer, charged with forging
the name OF Judge J. Daily 10 an order IN supple.
Supreme Court, General Term. The same Court also
granted an order 10 show cause why Kaufman Simon
should not be disbarred He 10 charged with fraud IN
regard TO afdavts OF service In case In the Marine
Court-an allegation which, however he soutly denies
and which says he will July controvert when the
A motion was made yesterday before Judge Van
Worst for reconsideration OF the decision recently
rendered by him the suit Of James knowlson against
Siias Beta The suit out of mortgage Of one
nth Of the propeller W. r. Burton the facts or whicn
counsel-Mr Dennis McMahon appearing for the plain.
tiff aud Mr. George r. Van Vccten Tor the deiendant-
Judge Van Worst look the papers
Application WAS made yesterday TO Judge Dononue
on behalf Of Miss Margaret OBrcn OF No % Rutgers
street, by William r. Howe, her counsel Ior tue re.
Toe eae Donoo Of twelve years Inc
possession OF Mrs Sarah V. Kelly or No 291 SacRet
street. Brooklyn. The rGh! claimed oy MISS Drca
pursuant to a power OF attorney sho holds from
Thomas Mcnamara, tho father OF Ada, resident Of
San Francisco and member Of tho Bar. Judge Dono-
hue appointed Mr.. William Sinclair, Clcrk Of sno
Court, referee TO take tho testimony in the case.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
A BLACK HIGHWAYMAN.

While Mr.. Adoph Bernhard, Of No $50 Spring
street, was passing through South Fifth avenue, he
was assaulted BY q colored man, who snatchcd his
silver watch, value $35, and away. The thief
pursued and captured by Roundsman Burns OF the
Filth precinct and, being brought into tho station
house in Prince street, gave his name AS Henry john
SON. waiter, twenty years old, of No. IL Thomp
son street, When arraigned ut the Washington Place
Court yesterday Mr. Bcrnhard's Identification Of the
prisoner was positive. Held.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
TELLER'S SIGNATURE.

Az tho Essex Market Court yesterday Macmillan
Goldstcu. who gave his occupation rs that Of clerk,
was erraigned charged with forgery. He called
Mr. Frederick Reising OF the Essex street mills,
and obtained loan Of SIS check for $500 tho
Traders National Bank. purporting TO have been
drawn by s. Landsberg OF No 90 Second avenue, and
Endorsed by Mr.. Benjamin S. Rayner, tho paying
teller When Mr. Reising went to tho bank he
informed that both she face OF the check and in
dorsement were forgeries. Goldstein was held for
trial
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
GENERAL SESSIONS-PART 2
Before Judge Sutherland

THE OPIUM CASE
The jury IN tho case Of John Collins and Nicholas
Collins, general dealers, Of No. 81 Bridge street,
charged with receiving opium stolen from the bonded
warehouse OF E. c. johnson, In the street, were
brou ght into court NJ ten o'clock yesterday morning
having locked up since o'clock tho previous
evening. Tho foreman announced that they found II
impossible N agrcc upon verdict, whcrcupon they
were discharged by Judge Sutherland A. the request
of Assistant District Attorney Bell The accused wcro
required 10 glve new bail TO await trial. Patrick
Doard or No. so Moore street, who was the original
surety renewed his bond In the sum OF $4,000 and tho
Collins brothers rcoascd. Ex.Judge Curtis de-
tended the prisoners.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
GENERAL SESSIONS-PART L
Bcforo Judge GildcrsIcevc.
SUPREME couEr-cuAMsEEs.
COMPULSORY INcKNDIARrsM.

COMPULSORY INCENDIABIsM.
The mill Of James N. Bennett at Mott Haven was
burnhd on July 10 last and with the dwelling house OF
William Birch adjoining. An investigation revealed
the met that tho nrc the OF an incendary,
and Samuel H,bba laborcr In tho mill, arrested
on suspicion He admitted that he bad fred tho
premises, but stated that he did under compul.
uisn. tsnnssk m ams,sysl hsv,na ssfnsed W ~
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
ST. JOHNS GUILD.

The following contributions wero received yestcr.
day, and will furnish only partial supply for to-day
c. II. A. Hinrichs, $25; Mrs. J. Sands, SO; Swift,
Sackott Il Co., $50; Mrs. 7. d. Jones, $50; T. r. L.
$50; Miss A. s., S.; Miss J. d., So; Anonymous 81:
4. s.. 81; A. H. Hamburger, $780, Charles +. Haviland
h Co., $40; j., So; W. b. A., So; A. KIipstein, So;
N. II. b., ST. G. C. w., 81; Flcgonhcim Rosenberg,
SIS; W. d. Wheeler, $25; b. Grotta, IS; "Margcry
Daw." 81; VIM. G. Rhinelandcr, 500; Mra Robert
Mrs Evans So; Mrs r. f., So; A Stranger, 81; j. C.,
81; Henry Hess, So J. I. Scott, SS James stewart
$780, Total, S546
Contribut ions are earnestly solicited, and should
amount mr. Wswall saysl 10 at least 900 day 10
enable the Guild to continue its work. All money
should be sent 10 Andrew W. Lcggat Treasurer, No.
~ East Fourteenth street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
THE DESTITUTE.

Tho public generosity in sustaining charitable In.
sttutop which thousands OF the poor look AZ their
only chance help in dire distress has been wei
manifested during the past few days BY tho Response
given to the appeal for funds issued by st. Johns
Guild. The Guild utterly without a reserve fund
TO fall back upou and has been for the past week from
day TO day compelled to rely upon the contributions
Of ono day TO feed the hungry on the next. When Is
was announced that the requirements Of the applca
lions for assistance necessaed contributions to the
amount of 81, 900 day average up to that figure
was daily contributed How long his Inflow OF money
will continue remains to be seen, but whom the dona-
lions cease the Guild must discontinue It's WORK.
Tor there Is not dollar in tho treasury.
DISTRIBUTION.
At the Department OF Charities and Correction Su-
perntcpdent Keilock was yesterday forenoon kept
busy as he could be receiving applications Tor COAL
Those who look at the poverty stricken thousands
with pity do understand how sincerely
the distressed need every little help that is Afforded
them The following is a letter selected from num-
her OF simar ones, received py superintendent Kel.
lock- which shows how even the charity Of the coal
(fer which TO- 600 applications have been received 10
"'p''''' rnr GRATITUDE or The POOR.
NHw YORK. JAM ~ 1871
Sa..Ss .ss% and
accordingly each Of received half Of coal on the
extent In preserving lives of families Warmth
almost necessary rs food We hereby heartily and
poor families for kind and humane heyrt In sending "
shall never in the midst q all
troubles world have to undergo. with
kind wishes health aud long contin In your
noble OF In Office. your poor and
humble servants. 49, =. -,
THE
At tho Washington Market and Fulton Market soup
KITCHENS tho average number OF hungry men, w0mea
ana children were fed yesterday. IL Is something ID
tho way relief TO give good substantial meal daily
to about l,70O furnishing, deserving people The
crowds who stand around these soup houses waiting
for their be served hunger written thc
faces The moro soup houses the better. even II
smaller scale than the market kitchens. The
other markets in the city ought to lend hoping hand
in their respective nclghborhoods. The poor ara
everywhere around the city, and there can be abso.
lutcy no starvation where family can send for az
much chowdcr, beet stew soup they may nced
for a meal, and the Washington Market and Fulton
Market kitchens are supplying such food
wRETCHED.
The number OF the idle men seeking voluntary com.
initial Island has been large for tho past
couple Of weeks IN the weeks previous. dozen
may now he called he maximum number for a single
day ana the average Is far less than that The char.
table have saved thousands this degraua-
The winter being still long time for the poor,
the generosity Of th0so VINO able TO afford to
tribute their money Is still as much appealed TO 90
when there help at VII for the distressed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
MARTINS MORTGAGES.

William R Martin, tho Park Commissioner y trying
get Get aside the sac under foreclosure Of three lots
broadway, between Fiftyseventh and F'i'y'e'snsn
streets. the respective mortgages being Mrs Pauline
A. Morgan and George NJ. Miller. Two OF the io's
sold for $l5 0O0 and the other for sl6 $50. II 70
claimed that the saIe being near the close o. Inc ycas
realized from The sale as would have been the
property had been sold at some other time ana that
wrong statement was given a. 70 the amouuss
UNPAID for taxes and assessments. There was quite
lengthy argument the matter yesterday before Judge
DOnohuc, IN Supreme Court, Chambers Generai
Tracy appearing Tor Mr.. Martin, Mr. Wheeler H. Peck
ham tor the mortgages and Messrs. skidmore and
Deml for the purchasers Tho grounas upon wn,c na
Donohue untepabc, and he denied thcm the effect Of
which u to allow the salos IN each case 10 stand.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
BnooKLyN's SOUP HOUSE.

Tho persons having the establishment Of . souy
house for Brooklyn in charge have succeeded In so.
curing No. 35 wlloughby street, at rental OF $50 per
month. An expense OF $2lS 95 has been incurred
thus tar, aud TO meet this the Of $500 has been
collected which leaves balance hand OF $S1 O5.
II is thought that everything will DO working order
by Monday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27

that the prominence gwen this very interesting suit
growing out mainly, Of course from the relationship
of the plantns TO the distinguished French novelist
arose rom tho motion recently made before
Judge Donohue for the appointment OF
receiver Of tho estate Notwithstanding the ex-
cecding voiumnousness OF the papers aud the
long drawn out arguments OF the opposing counsel,
Judge Donohuo yesterday gave hts decision IN his
usual sententt0us style, embodying the same 10 prle
memorandum which, IN addition TO being Short a.
lowing 10 such memoirs ndum:-''Assuminf as
paintis' claim, that plaintiffs and Nathaniel Niles are
cotrustees u seems TO that the prepouderance OF
the facts which relief asked There 10 NO doubt
both Of the right aud duty OF the Court TO interfere
proper case 10 protect funds from improper acts o!
trustees but proper for that nterfercnce snoua
be made out On tho facts on these papers tnink
paintifb wholly fail Notion for receiver denied"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
ONCE MORE IN JAIL

william McManus, alas Harry Thompson, an old
offender, arraiened before Justice Oucrbourg at the
Washington Place Court yesterday, FULLY den,i.
ncd a. thief who stole necn yards OF cloth from
front Of she store Of BERNARD Collin No OF Eighth
Avsnus nsd " dsfaslk
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
THE NILES ESTATE.

An the details Of tine suit brought oy shs half sisters
r.-.,. sus against Nathaniel Niles, shs Of
~ ssss,v " Nhvw sshsss sts lave ~ NINA hsvs 49,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
THE HOUSE OF REFUGE.

The managers OF the Society for Juvenile Denquents
have just issued thor nttysccond annual report aud
elected officers Tor tho year. Tho report OF the presi
dent rs interesting one. 1t shows that since the
opening OF tho Institution the House OF Refuge has "a
ceived 21S chdren, boys and Girls In the House
January !, 1876, $50; received during the year. OF
indenturcd 10 various trades, S12; remaining at the
end Of the year. 9S5 Expenses for 1875 re-.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
ouEEN OF THE GENT.

Miss Ada Miibourne made ON engagement with the
Kraly Brothers TO play tho Queen OF tho Gsnii and
Lady OF tho Lake Nibo's during the present per-
formanccs At this theatre under direction OF
tho Kiralfys She was 10 DO paid $25 week,
snlnry on the understanding that tho engagement
would extend through the winter and be limited 70
this city Al the end OF the rst week she was paid
her salary and then told that her services would
no longer be required. This deposition from
her regal throne not at all satisfactory
aud she accordingly through Messra Baker 4 Russell,
her counsel brought suit against the Kirsliys Tor her
second weeks salary. The case was tried yesterday
before Judge D,cke. Mr.. Edmund Il. Prcc appeared
for tho theatrical managers defended the suit on
the ground the engagement was conditional on her
proving acceptable after fair trial. Az the close oil
the testimony the Court sustained the plaintiff ana
awarded her the full amount OF her clam-a decision
that compels the Kralfys TO pey both their new queen
and 0uoen doDOsed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
LIFE INSURANCE AT DISCOUNT.

An important suit has been commsnced 10 the Court
Of Common Pleas, by Margaret F. hilwnrd against
the Guardian Mutual LIfo Insurance Company to 70.
cover on . ten thousand dollar policy Of insur-
ancc on the life OF her late husband, Henry
Miiward, Of Chicago. Tho complaint states that
the company promised to send Mr.. Mward notice
OF the amount Of premiums as they became due ON
the policy which was Liverpool in the hands OF one
Robert Sanderson, ono OF MI. Milward's creditors;
that the administration Of the company 10 corrupt;
that the notice which the company agreed Mr. hilward
should receive was never sent by the company, and
that therefore, tho company cannot take advantage
OF tho technical condition in tho poicy-.hat u
snail lapse In case Of non.payment Of pre-
MUM The complaint also alleges that during
the year 1873 the company marked upon
its books, as lapsed policies whose amounts
exceeded the sum OF S. l40 OOO and claims that 1882
ceased be in force during that year. the same being
about one-third Of all It's risks, and that under
tho special circumstances showing the fraud alleged
by the plaintiff, the company cannot insist that the
policy is apsed by non-payment OF premium when
the other of the story TO be heard may
place the matter in an entirely different light