davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-03-20
COURT OF APPEALS.

ALBANY, N. Y, March 10, 1871
In Cour! OF Appeals to-day, present Hop Sanford E.
Church. Q. j., aud associates, the following
argued:--
No. 1909. Grcaves. appellant VS.. Gouge, respond
ent-Argucd by w. I. b. Millikcn for appellant and
Oscar Frsbe, tor respondent
20S Rosaic Mayer, respondent, VS.. Max Friedman,
appellant-Argued by Robert N. Wato for appellant,
4. Goldsmith for respondent.
No. 212 Board OF Excise OF Wostchester county,
spopdent, VS.. Roxuna Curlcy, appellant Submitted.
No. 213 Jonnio Towney. respondent, VS.. Tho Gen.
tra Park, &C., Railroad Company, appellant. Argued
by Robert $. Groen for appellant Dexter A. Hawkins
for respondent.
No. ia, Jonas Fischer, respondent, VS.. Hope Mutual
Life Insurance Company Of New York, appellants. -
Argued by Samuel A. Noycs for appellant >. A. Riddle
for respondent.
No. 2l5. OrsonJ Ferguson appellant, Stephen II.
Crawford, respondent. submitted.
No. ZIG. David j. Evan, respondent, vs. the city Of
Utica, appellant Argued by John d. Herman for appel
liant, s. NJ. Linsey for respondent
No. 2l7 jacob Cohen Respondent VS.. the Dry Dock
Railroad Company, appellants. Argued by John NJ.
Scribncr Tor appellant, and Lpman for respondent
case still on.
The following Is the day calender for Tuesday, March
20:-Nos 2l0, 2.0 221, 226, 22S, 229, 230 and 231.
The New York herald., 1877-03-20
THE HARBOR MASTERS.

ATTITUDE OF THE sHIPowNERs AND STEAM
SHIP LINEs--wHY THE FORMER CONTINUE
THE FEES
So far as the shipowncrs are concerned the recent
decision of the United States Supreme Court decar-
ing unconstitutional the collection of fees by harbor
masters the old system will be continued aud the fees
paid. This was determined at the recent meeting
Brett is president, and interruption In tho harbor
masters duties has since taken place. II the fees
wcrc discontinued the harbor masters of course,
would perform their duty and tho result along
tho river front would be very serious, for thero
would be no authority on the part Of any
one to command vessels to anchor where
other vessels would not be intcriercd with. Whole
cargocs Of produce might be delayedor days at the
wharvcs account OF tho refusal OF some vessel
other TO move out of the way and for similar reason
incoming vessels might suffer great losses account
OF inability to land their cargoes Evidently under
tnese circumstances 1t was the interest OF tho ship
TO continue to avail themselves OF the karb0r
masters services, which, indeed at the present
time necessity for them Not SO, however, with tho
steamship companies nearly all Of which have docks
OF their and therefore suffer from no
distractions whatever, either incoming or outgoing
The Old system for each steamship TO pay the
regular foe Of cont and hall on the register ~
and as this was gong on without any service being
needed from tho harbor masters the successful effort
made to break down the collection OF these Tees
csion. In every other way now tho decision Is prac-
tcally null az the shpowncrs arc oil necessity COM
PEELED TO employ the harbor masters II the decision
OF tho Court Will hold good, and the shipowners at
diicut question for settlement will necessarily again
The New York herald., 1877-03-20
MANDAMUSING A JUDGE.

Peter McQuade being party TO suit III which the
amount involved Is over hundred dollars, applied
to Judge Pincknoy, OF the Seventh District Court be-
fore whom 1t was brought. to have the same trans.
fcrred TO the Court Of Common Pleas. This Judge
Pinckncy refused TO do and thereupon Mr.. McQuadc
applied to Judge Lawrence, in Supreme Court for
writ of percmptory mnndamus against Judge Pinck-
ney directing SAID transfer Judge Lawrence gave his
decision In the case yesterday granting the man
damus, mis- reasons for such decision being gvon IN
tho following opnion:-
The third section OF the act of 1857 makes II tho
duty Of the Justice of the District Court, upon the
plicaton OF the defendant action where the claim
demand exceeds the sum Of 500, TO make order
removing the action mt any time after joined and
the defendant executing 10 the plaintiff undertaking,
with more surcties, to be approved of by the
Justice, &c. to pay to the plantn tho amount Of any
judgment that may be awarded against the defendant
by tho said Court OF Common Pleas In this case tho
undertaking was presented to the Justice and the
counsel for Judge Pnckney correctly the
argument, he contended that II tho duty
OF the dciendcnt the time he presented
the bond TO submit an order for such removal TO tho
Justice Such not the correct Interpretation OF tho
statute. Upon the approval OF the undertaking and
securities the Justice Is bound TO mako the order He
is vested with any discretion after such approval
and he has alternative but to mako the order The
argument made by counsel that the same necessity
does not exist now In 1857 for the provision
tanned section OF tho act because tho justices
required TO be members OF tho Bar might we'll DO
addressed TO the Legislature ground Tor the repeal
section, but does relieve the Court from the
OF The opinion that the rclaor is entitled to the
The New York herald., 1877-03-20
SUMMARY OF LAW CASES.

Mrs. Shay has sued the Harlem Savings Bank 10 re-.
cover money deposited in the bank and Withdrawn, as
she claims, without her authority The case was tried
before Judge Van vorst In the Supreme Court yestcr-
day. and sealed verdict ordered for this morning
MIR. Thomas f. CUT applied yesterday to Judge Law.
renee, IN Supreme Court Chambers for receiver in
foreclosure suit brought by Alma McGrath against Bar.
Ter Silvcrstonc. The property IN question embraces
five houses and lots on Oak street. Judge Lawrence
took the papers.
After seventeen days. trial the government yesterday
rested tho prosecution OF the so-callcd whskcy ring
cases by the United States IN which Messrs Boyd and
Hill are defendants An adjournment OF one day was
asked Tor and granted by Court 70 enable the do.
fence TO prepare 10 open their side.
William Wilson sold to jeremiah O'Kcc!c a lot of
liquors Tor S36s 80, upon which he was pad $780, with
the understanding that the balance should be pald
within ninety days suit recover The balance
came to trial yesterday before Judge westbroos hol.
ing supreme Court Circuit The defence ,s that tho
suit was brought TWO before the expiration of the
ninety days
In the SUIT OF Ernest knnbc against Ernst bcrhardt
for 81, $50 %, rent OF No liz Filth avenue and IN
which the Gclcndent sets up n counter claim Tor
damages caused by "iaurc OF contract 10 supply n
piano Of certain Kind Tor dcicndauts musical con.
scrvatory. and ior acts OF pIain,lrs agents. which
The New York herald., 1877-03-20
THE LOTTERY MEN.

The lottery men recently arrested at tho instigation
OF Mr. Comstock arraignod for examination tho
Tombs Police Court yesterday afternoon. The first
case called that of Edmund T. Zschock, of No.
116 Nassau street, Mr.. Comstock read tho statute
appertanng to lotteries, and about to introduce
evidence which he claimed would prove the guilt of
the accused VIXEN Counsellor Fellows, represent
ing the latter, objected, claiming irregularities
in the complaint. long discussion ensucd,
the of which legal lore in great quantities
was thrust before the Magistrate Counsellor Price,
representing the other defendants, moved for cis-
charge OF hs clients on tho same ground The dofcnd
ants, consisting OF Henry Carson, Joseph Il. Price,
Charles Hadlcy, T. J. Taylor, Sherman Reed Isaac
Ludlow and T.. 7. Zschock, were present. with a
number ot friends. The examinations were finally
adjourned until next Friday, at three O'Clock.
The proceedings were considerably envcued by a
Mr.. TyrrcI who demanded to DO released from all tho
bail bonds 10 which his name attached Tho lot
terry men looked astonished. and begged him to
send them TO prison. He finally relented.
After leaving tho court room Carson was rearrested
on another warrant
The New York herald., 1877-03-20

Appropriations were recently made by tho Brooklyn
Common Council for repairing with granite blocks the
following avenues and streets --Flatbush avenue for
$2o 900; Fort place. sl2 5oo Portland avenue
$12,50 St. Felix street, $4,000; Union street.
$4,000; Fourth street, $4,000 Yesterday President
slocum, OF the Board OF City Works. sent In com.
that the work contemplated should be done by con.
tract and not by days work. as the contract system
Is far moro economical. General Slocum says, ''It
Is said by dong II by days work the city will
bo enabled 10 give work to men out OF en-
pioyment but tho amount Of labor neccs-
diminished by method OF selecting the laborers,
can no forco IN this argument II the laborer1
selected by contractor his interest Will prompt
him to select them solely with reference TO theis
wages paid them. II the selection s made by tho city
officials there danger that other considerations will
enter into the selections 10 be made" Tho cemmuni.
cation recommended that the City Works Department
be directed advertise for proposals tor said work.
Alderman Baird offered resolution to carry out the
proposition oil Mr.. Slocum.
luton an amendment donunciatory Of the contract
system, suggested as attempt Of the President oi
the Board OF City Works. TO keep poor men who are
residents OF the city from getting days worA and "a
give tho employment to some man In tho RIR." Ths
difference In tho cost at most would be but slight,
and tho preference should be gwen to tho laborcrs
who arc In need
Alderman Donovan advocated the adoption of the
amendment, as contractors go to New York and cm-
ploy thcro for eighty ninety cents per day and
thereby keep deserving residents OF Brooklyn out Of
for by the city. Aldermen Murtha and Burnott also
favored the amendment and the subject referred
to the Corporation Counsel report to the power
Of tho Common Council 70 dictate TO TO the the C,y wofHs
should be dono Tho discussion elected frequent ap.
plause from the lobby.
The New York herald., 1877-03-20
REINSTATING FIREMEN.

A DECISION THAT INTERESTS A NUMBER OF
MEN DISCHARGED FROM THE DEPARTMENT.
About two years ago George Mclaughlin, foreman
in the Fire Department. attached to Hook and Ladder
Company No. 10, wac, with others, dismissed from
the department, on the charge Of having sold the
amount OF his monthly salary to broker Six
months aftcr these removals writ OF ccrtiorari
was obtained from tho Supreme Court by counsel
for the nremcn, for tho purpose Of reviewing the
action Of the Fire Commissioners and compelling the
rcnstatene ent OF the men. The suit of McLaugh-
lin, as a test case, argued in the Supreme Court
boiore Justice Donohue, who gave decision in oppo-
sition the right Of the Fire Commissioners to
move for such cause. whcreupon the Commissioners
carried tho case 10 tho General Term OF the
Supreme Court. Judge Donohue's decision
tanned by Judges Davis Brady and Daniels. and an
order issued to the Commissioners 10 reinstate
Mclaughlin. An appeal was taken at the solicitation
Of Of the Fro commissioners 10 the Court OF APP
pcas, but the Corporation Counsel, beng satisfied
examination OF the case that the judgment of the
Supreme Court would be sustained withdrew the APP
peal and notified the Commissioners OF hts action
demand was Immediately made on the Fire Commits.
sioners by McIaughlin's counsel to comply with the
order OF the Court, and special meeting OF the Board
called and tho following order passed.
HEADQUARTERS FrRE DEPARTMENT. I
NEW YORK. March IL. 1877.
81.
George Mclaughlin hereby einstated In the position
foreman In this department. to take effect the both inst
and ordered to the Chief Of the department
these headqu rters for duty at nine O'Clock NJ on that
- JOSEPH L. PERLEY, President
CARL JussgN, Secretary.
This being in Its main features similar to some
ten Others tho decision will OF restore the
Of the to the positions from which they
removed.
The New York herald., 1877-03-20
BROOKLYN CHARTER TINKERING.

The question OF tho contemplated reduction OF saa-
res OF city officials up yesterday in the Brooklyn
Common Council in the form OF resolution from the
Committee on Salaries, requesting that they be re-
leved from further consideration of the subject. II
was set forth that the committee was opposed to
s'chartcr tinkcringn until there is some systematic
plan rcportcd for the of the State by the
commission appointed by the Governor for that pur-
posc The committee believe that wise reduction
should DO made the salaries OF certain city officials
The resolution also opposed all changes In tho charter
for sspartisan purposes" Alderman Fisher said there
we're no bills before the Legislature for republican par
tisan purposes.
Alderman Donovan said that was not the case.
There is a bill before The Senate TO give lease OF
ollcc To the present Park Commission from now until
1870 There is also a bill ior tho expenditure OF
5000 900 tor the construction OF Ocean Parkway.
Alderman Murtha stated that there was an amend
mcnt 10 the charter now pcndng III Albany wbcn re-
qured n twotnirds vote 10 reject any nomination OF
Inc Mayor OF tho city winch he believed TO be unJus
as n majority votc shouhi sufficient Tho report OF
he commlu~- ~as auopicd
The New York herald., 1877-03-20
DIVORCE DIFFICULTIES.

The pathway to divorce is rugged one and beset
with difficulties but 1t is broad road and filled with
travelling suitors anxious to rid themselves OF the
matrimonial yoke. Some time ago there published
in the HERALD full account of suit brought by
Joshua b. Gates, an octogcnaran against Ellen Gates
young girl OF seventeen with whom 10 had contracted
\ matrimonial alliance. Not long since the
matter came before Judge Barrett ap-
piication TO open default in the case A
decision was given yesterday by Judge Barrett refus-
ing the application then made directing that the
caution which some OF our judges show in divorce
suits is evinccd IN the following memorandum dec-
Of Judge Barrett:-"An action OF TINS character
should be disposed OF on default TAX
ing the plaintiffs own statement. tho service
oi the answer was Only one day too
late, ana l am unwilling to grant an
application for judgment OF divorce in favor Of the
pIaint on such default Notwithstanding the strength
OF the evidence presented by the plaintiffs aidavs
TO the offence of the defendant Tho defendant ought
be heard. On condition that she serve her answer
within five days from the entry OF the order herein
and $40 costs OF notion &c., and on the further
dtion that reference OF the whole is consented
TO- the rccree To he appointed by the Court required
by rule 81, the deiaut is opened IL these conditions
are complied with motion for Judgment Is denied.
The reference will proceed on four days' notice"
Ellen Hannahan recently brodght SUIT Tor limited
divorce Tor cruelty against her husDand George Han
nahan. Before the came TO trial the parties were
rcconciled, and now Mr. W. H. snyder counsel Tor
plaintiff applies tor $500 counsel lee rne matter
came before Judge Lawrence, in Supreme Court,
Chambers Yesterday. Mr. William q. Orr opposing
on behalf Of The husband VINO thinks that Ia these
hard times he should not be asked TO pay bis wife,
counsel The Judge took tho papers
Tho Brent divorce is the latest on the list Mrs
Brent who was married to her husband, as she says,
in 1874 in Philadelphia charges the latter with adul-
Lawrence yesterday ordered a reference to examine
into the facts Of the case
The New York herald., 1877-03-20
THE HENRY CLEWS ORDER OF
ARREST

Before Judge Freedman, in the Superior Court there
argument at considerable length In tho old suit Of
Henri Hennequn and othors against Henry CLOVIS Il
Co. In October 1871, Clews, Habcht Il Co., Of Lon
don, opened credit with the plaintiffs firm Of Hene-
quin Co., in Paris, for $4,000 in favor Of tho plain
ts, who deposited securities with the defendants in
trust TO pay all bills of exchange which they might
draw. Cews Co. failed In iS73 and the plaintiff
Immediately paid all the outstanding natured bills Of
exchange, after which, as further alleged Ccws Co.
Jailed to return the bonds, but instead deposited with
tho plaintiff certain other bonds security, tho orig
nal bonds beng now held by Buttcrfeld Il Co., with
whom they deposited security Tor the iosn The
present action Is brought TO recover back the bonds
and Tor injunction restraining any disposition Of
the same by Rutherford 4 Co. Tho matter camc bc-
fore Judge Freedman on motion to vacatc an order
OF arrest against Mr. Cews The Court took papers
G. Baindridgo Smith appeared Tor the plaintiffs and
Luther r. March Tor the defendants
The New York herald., 1877-03-20
KNEW HIS OWN COAT.

On the night OF tho Sd OF March Mr. Edward Boyd,
OF No Ss East Ninth street, while on his way homo
was met by two In Greenwich street, Charl-
ton, who knocked him down and robbed him OF hts
overcoat, stud and several small articles that
were in the pocket OF his coat. Mr.. Boyd walking
through Greenwich Sunday afternoon aud met
man with which he at recognized
the ono that was taken from him. He procured his
by Oflcor Bush, of the Ninth precinct and tho
man was brought before Judge Ottcrbourg, ut WASH
ing,on Place Police Court, yesterday morning. The
prisoner gave his name rs Edward Coleman twenty
years OF age of No. 100 Charlton street He admitted
taking tho tho night in question, but sad he
had nothing do with tho assault Ho was committed
In ST, 900 bail TO answer at General Sessions
The New York herald., 1877-03-20

15ss ss7s $685. sl27 $685. 27lO e7ol 27sa $685. sloa
3ai7 $685. si5a 1856, 1857, 439l 2s25 s7a part2-Hed
1854 iSis, 2osa. lsio acSs. aioa, 2ls4 s9li 1864
1884 1870 1872 1912, 1912 1885, 1885, 20s 2220 2l20
1885, 1885, 1916. 1925. 2204 274o, 1922 2224, 2226,
ESQ. 22Ss' 22S4 1856. 225s 22eS. 22ss. 227o Part
3--Held by Judge wcstbrook- Nos. 1902 2404. Ala
4l9, 2os9 2l25 25os 2775, 2559 500 4o2s, a2o4, 90
44ss ll71. 5000 1901 sYs,l 1850. 80. ,-uo,a nv
Judge Van vorst.-Nos. 376 764. 450 435, S77, 4o6
$685. 4s2, 244, 071, 972 $40. Ill., 755, 572 b73 743
3l4 569 1904 1885, 633, 6l5 94s, 500.
SuPEKIoR CoURT-SPECIAL TERN, and COMMON PLEAS
EQUITy TERM.No day calendars.
COMMON PLEAs-TEIAL TEIM-Part Held by Judge
Robinson.-Noa Q, 1912, 1928. 352, S92 ll03, 1908,
SUPERIOR CouRr-GxxERAL TERM; SUPERIOR CouRr-
TRIAL TERA-Parts and 3; COMMON PLRAs-GENERAL
TEKM and COMMON PLEAs-rRIAL TxRN-Parts and
MARINE CouRT--TRlAL TERM-Part HELD by Judge
Sinnot-Nos 1872, SSS3, 3440 49SS, 1901 6lS3, 6126
1884. 1884, 66sS 1921, 5l79, 1854. 1869 Part 2-Hed
5049. 5s1S. 5710 9l99, 1885, 5s47 77l7 3730. 4562,
1920. 6l2 $685. $685. 7645 4043 406l 51sS $685. $685.
e77s, 5i56, $780, ol05, $685. 942l. Fart 3-HeId by
Chief Justice ShcaNos 2720, S665, 1903 7172. 1908,
1901, 4531 1855, 1904 1869, S039, 5797, 690, 1854
Marine Case-Smith VS.. Hall.
COURT OF GENERAL SEssIoSs-Part Held by Judge
Sutnerand.-rhc People vs. John Donohue, robbery /;
Same VS. John Maroney fconious assault and battery;
Same George Carroll, fclonious assault and battery;
Same W.. Barney Conway, fcIonous assault and bat
Green, burglary; Same James j. smith. grand lar
ccny; Same vs Kate Doughcrty. grand larceny; Same
James smith, grand larceny Same vs. Dennis Gavin,
grand larceny; Samc VS. Kate White and Mary Ann
Madden, grand larceny: Same VS.. Herman Hnze grand
larceny; Same Ann Smith, grand larceny Same VS..
George Hart, grand larceny; same VS. William O'Ncl,
burglary Same VS.. Thomas II. Jarvis, forgery Same w.
james O'Donncll, receiving stolen goods; Same VS..
David Moony, Phillip Bradley and John Smith, assault
and battery. Part 2-Heid by Judge Suthcrland.-The
People W. William f. c. Mccarthy (contnedh grand
The New York herald., 1877-03-20

caused falling on in the number OF pupils motion
by plaintiff for bill OF particulars was granted by
Judge Freedman yesterday.
The irrcpressble Sergeant Miller IL determined, he
services with this object view applied TO Judge
Lawrence yesterday through Mr.. Grove, his counsel
for u mnndamus compelling ITS payment. Alter tho
Sergeants reinstatement by order of the Court OF Ap
pcals he remained two months on duty, wnen he was
again discharged. IL pay for these two months ne
Is now seeking
A motion was made yesterday, before Judge Freed
man, OF the Superior Court to vacate an order pre-
viousy ed directing the examination, but tho
presence oil his physician, OF john q. Havemeycr IN
the suit brought against him and Henry Havemeyer
by William A. Havtmeycr. growing out oil transactions
In Long Island Railroad stock. Judge Freedman re-
fused 10 vacatc the order.
Tho Commissioners OF Estimates and Assessments
for opening in 1868 Scvcnticth street, from Fifth
to the East River awarded 81, ,4S5 10 James II.
Jones. This award Is claimed by James McMahon
Tho Commissioners made clerical error crcditing
the award to Jones to land formerly owned by him
and sold TO McMahon, instead OF property owned by
Jones' In suit brought by McAlahon against Jones
TO recover the amount OF tho award demurrer was
interposcd that the order OF confirmation in street
opening proceeding Is judgment final and conclu
sivc. and that II has been committed, as in
this case, the remedy against the city Judge Van
Brunt, his decision yesterday, sustained this do
murrer
rho Union Consolidated Mining Company, OF Ten
ncssee, employed az its agent for several years Mr.
julius E. Raht, who, such agent Insured copper orc
belonging the company In the Atlantic Mutual In
suranco Company while in transit between Southern
ports and this city. 1t s claimed by the company that
Raht is behind S54, 300 account OF such insurance.
and suit has been brought against him for the re-
covcry OF this sum. 1t being shown that Raht could
Lawrence allowing service Of the summons by pubca
The New York herald., 1877-03-20
BINDING OUT CHILDREN.

In the case OF Mrs Elmcndorf. washerwoman, who
placed or two boys In care OF the New YORK Juvenile
Asylum by which institution the children were inden-
turcd TO Illinois farmers under the asyIums charter,
aud whose recovery was sought by a habeas corpus,
Judge Lawrence decided yesterday, the report OF
Mr. Jarvis the referee that Mrs Elmcndorf, when she
signed the consent give up the children know tho
purport Of paper that the proceedings o Do usy-
ium were regular nd therefore that the writ must DO
dismissed. The following is the iuII text oil Judge
Lawrcnce's decision -
A thorongh examination OF the evidence taken Deioro
tho referee leads me 10 the conclusion that the rcator
a the time she signed the consent referred 10 anu set
forth testimony, fully understood Their pnrpor
and effect such being tho the proceedings oil nc
duveuilo Asylum have been regular throughout In
The New York herald., 1877-03-20
GENERAL SESSIONS-PART /.
Before Judge Sutherland.

CONVICTED OF RECEIVING STOLEN GOODS.
William O'Day, VINO has been on trial for some
days charged with receiving stolen goods, ycstcr
day again placed at tho bar. AS previously men.
toned, largo quantity OF umbrella silk, valued at
81 Oo0 was stolen from the steamship Adriatic. OF
tho alleged thieves Richards cd to Europe, Clancy
conv iccd and Shanahan has not yet been tried. The
evidence having been concluded on both sides, Mr.
Charles Spencer addressed the jury behalf of tho
accused submitting that In view OF the character Of
the testimony they should render verdict
OF acquittal. Assistant District Attorney Bell, tho
part oi tho prosccuton carefully anaIyzed tho evil
dence contcnding in forcibc terms that tho guilt Of
the prisoner had been clearly established. The Judge
then charged the jury. who brought verdict OF
guilty. Tho prisoner was rcmandcd for sentence
The New York herald., 1877-03-20
THEE AND RECEIVER.

G:llisan Howe, two young men, have printing
office at No. 2S3 Bleecker street. 1t has been broken
into twice since the 1st OF January and quantity Of
type valued at over S45 has been carried away. Yes
terday morning 1t was entered again by Edward
the Ninth precinct. He admitted the burglary, and
SAID bc had sold the type to William H. s. Eltng.
OF No. 4S3 Hudson street. for 81 IS, where the stolen
property was found. Elting also arrested Dy
O'NeiI and both prisoners we're arraigncd before
Judge Otterbourg at the Washington Place Police
Court Yesterday Donshca was held in $4,000 bail to
answer on charge OF burglary and Eting was held in
81 500 Tor examination.