davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-11-18
UNITED STATES SUPREME COURT.
WASHINGTON, Nov. 10. 1877.

The following cases were heard to-day
No. o. Womer vs. King-Appeal from the Circuit
Court for the Southern District OF New ork This
action to recover for the Infringement Of .
patent belonging TO KING for machine Tor tho manu-
iacture of iuled pulling. The Court sustained the
We enon to be Il now ana patentable invention. II is
here urged that It had long been anticipated by tho
patent of ono Meithing, whose machine shows the
same combination Of guide and nuting rollerR Also,
that the patent of Robohn presents the same
atons, and. lko The Weithing patent was long
patent A. v. Bricsou Tor appellant. +. H. Bolts for
appellee.
No o. Murray vs.. City Council Of Charleston, s. c.,
and No. 237. Jenkins vs. Same-Error to tho Su.
prone Court OF South Carona.rhe plaintiffs n those
cases, being nonrcsidonts sued To recover amounts
which had boon withheld from tho interest due on
stock Of the city held by them aud applied TO the
mcnt Of tax 0l two per cent which had boon i'm.
posed upon such stock By tho Corporation. Tho
tax was sustained by the Court below on
was vested In the Corporation, and. being competent
In that respect II aid not matter whether the holders
Of the stock resided In tho State or not. 1t 10 here
that the debt due the stock In this
cannot DO taxed without mpairing tho obligation OF
tho contract which It was taken by The plantnsi
that the promise was to pay stated sum, and, thii
beirg so, the right to tax Is clearly surron-
dored. Where thsrc is neither jurisdiction OF
the person or property t is said there can DO NO
taxation and here there 10 neither One Of the plain
this resides In Germany and the other IN Maryland.
and the Of the stock In each case s tho residence
OF the pIaintina The stock OF the plaintiffs 10 liable
be whero they reside, II at all and 10 subject
them to hore sought 0 be imposed isto render
them liable to double taxation, which is contrary to
the policy OF tho law.
NJ D. Porter. Jamos Connor, James Lowndes aud A.
G. McGrah Tor plaintiffs error; p. Philips and J.
b. Campbol tor the city.
The New York herald., 1877-11-18

Company; Walter va. Barnard; Dixon va Weinberg et
al solomon VS.. Hertz; Jackson Va THUS Church,ld
vs. Bowers; Meuzsshoimsr vs Conner; Quinn '.
Van PeIt Doubleday Va. Clarke ct al smith W.
Knapp vs. Atmeyer; Stewart VS.. Ahmsyer; singer
Manufacturing Company vs. Stewart; Littman va
Roai Estate Association; KondaIi vs. Petrie; Wort
man Vs. We'll ct al Gildersleeve Reilly; Valentine
va Meade.-ordcrs granted.
COMMON PLEAS SPECIAL TERM
By Judge Larremore.
6chott Va Wright; IN the matter Of Rtce Peacock
Bartlett; IN the matter oil Murphy; In tho matter
OF rrppe-Applications granted.
jackson Vs. Fitch; Callahan vs. Callahan; Mary W.
Fellows; Do Antni vs. 6puzzale; Leade vs. O'Brten;
Quallett vs. Morgan.-ordcrs granted
denied with $40 and stay of proceedings vacated
In the matter Of LowenthaL-Bond ordered In
In the matter OF Faulkner 4 Coiwcn vs. Keefer.-
Shook va Duny-Motion granted.
Entwele and another vs. Cox and another-M otou
granted, with SO cost TO abide event
SURROGATE'S COURT, KINGS COUNTY.
Before Hon. Abram II. Daley, Surrogate.
During the past week the wills OF tho following
named persons deceased wore proved In tho surro.
gats's Court, before Hou Abram II. Daley
Harriet Walter, Odin Kellogg, Edward A Hxnford,
Elizabeth o. Jones, Margaret a. Simonson. Mary 3.
White, Robert D. Anderson, Julia Flaherty. William
NJ robbins Henry Schoonmaker, Valentino Schmcl.
zer George Pesingcr Edward Foster and Eineline w.
Hughes, all OF Brooklyn.
Letters OF administration were granted tho %
tatcs OF tho following named deceased pers0ns-viz-
John Magauley. Sarah Stent, William Sparks, Johi
Fitzpatrick, Charles Taylor, Michael II. Doherty, Pat
rick Ward, Henry Schoon maker, Peter Erben, Martha
Orens. Henry G Foster, James T. smith, Thomas
Crowthers, Louisa A Grcme, Mary A. Ncvens,
Thomas G. Whitney, Jane Howe, Charles
Sims, John Klapka, Frederick Kammann. Dorothea
Kammann, kosanna r. Jones, Maria SPAIN and
George II. Strubie nll Of Brooklyn, and Mary klngo
OF the town OF Now Lots Letters of guardianship OF
person and estate Of Eniira Wright were granted
oil Albert s Minucr, AdeIina Minner. Eugene Minner
and Frances Minner TO Catnarine Minner their
mother; of Winfield l.. Kincaid. Annabella Kncaid.
Robert A. Kincaid, Victoria A. Kincaid and Florence
N. Kincaid to isabella b. Kincaid thor mother. all Of
the city OF Brooky of Caroline Kan mann, Dorothoa
Kammann and Mary Kammann TO Horny kammann.
oil Woodhaven, Jamaica, L. l.
UNITED STATES SUPREME COURT.
The New York herald., 1877-11-18
THE COURTS.
Judge Spsir Vacates a Defec-
tive Order Of Arrest.
MORE SCHOLARS THAN SCHOOLS
An Important Proceeding Against
School Trustees.

In August 1874, John r. Rice, or the iatc nrm OF
Rice, Goodwin, Walker Il Co., bought goods worth
s15 900 OF Falconer L Co., who lately obtained an
order OF arrest In action for damages and held
Mr.. Rice in $4,000 bail The aridavits used 10 OBJ
tam the arres. set forth that MT Rice August IA
1874 represent ted to Falconer Co that his nrm was
worth 100000 over oil debts, and plaintiffs
CLAIM that tho goods sold on tho
strength Of such statements A lengthy argu-
ment was heard by Judge speir In the
Superior Court Special Term, on the de-
icndants motion 10 vacu,e the order Of arrest the
plaintif'J own papers 1t urged that the com
paint asked for damages for tho loss VI goods sold
from August TO December ], 1874, and that IT was
sold before the representations made that tho
complaint did not name the county where the trial
return aay, and was dated boloro tho aldavits on
which IL granted were sworn to, and that the
ground OF arrest stated In tho order was one
lhcr that the complaint was dciectivs in
not stating the exact language OF the representations
and disclosed that notes had bcen taken by the plain
tiffs, which q waiver oil tho alleged frau1, and
that such contract OF Ny notes had never been
resciDded the notes returned.
Counsel ior the plaintiffs insisted that tho objections
technical aud that the papers substantially CON-
pied with the requirements OF the Code.
Judge Spc stated 10 the attorneys that order OF
arrest should not be granted on badly drawn papers,
and that the defendant could not DO hold under their
allegations He granted order yesterday discharg
Ing Mr. Rico from arrest
LITIGA1ING A SCHOOL QUESTION.
proceeding to test the question whether the
school trustees Of the several wards not obliged
accommodate In the schools Of the ward In which they
bold ONCE all tho children residing in the ward whom
application Is made to them, has been commenced by
Mr. John s. Goldsmith IN the Supreme Court Mr.
Goldsmith, In his andav says he resides Al NO. 265
East Seventy-etght stroet, Ia the Nineteenth ward,
and is a taxpayer. There two public schools In
tho vicnity-one Seventy afh and tho other
Soventy-nInth streot-both in tho Nineteenth ward
and under the management OF Its Board Of Trustees
HIS two boys, aged seven and ton years. refused
admission TO either school for the reason that tho
classes wsro already foil Mr. Goldsmith says his
children and many others are thus deprived OF tho
benefits OF the education provided 0y the public
schools Upon this affidavit Mr. Jacob A. Cantor
yesterday procured from Judge Donohue an order
curing tho trustees OF tho Nnotcenth ward schools
show cause next Thursday why mandamus should
not issue TO compel them to receive the children.
The New York herald., 1877-11-18

mereiai insanity They might as well JOIN England in
tho declaration that wheat shall not be used for food
or cotton Tor ciothinEn
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
THE FRANKFoRT-sr. IMPROVEMENT.

The committee having in charge the plan for
the proposed widening Of Frankfortst from the CITY Hall
Park to the East River met interested property holders
at the Bridge Office at Cherry and DOvcIsts yesterday.
Some Of the heaviest Owucrs absent. The opinion
seemed to prevail that the Bridge Company the street
railways, and particularly the people of Brooklyn would
be most benefited and, consequently in way they
shOud pear the largest part Of the expense Jackson T.
Schultz presided, and proposed scheme Of assessment
for raising onethird OF the million dollars which the
boulevard would cost. Each lot fronting on the new
street should pay $1,000 the side streets, the lots
resting those which bOrCcred the boulevard,
should be taxed 81 OOO the adjacent 5000 and
the 10th lot paying 800. That would be the limit
the property assessed. Considerable desuory talk
lowed, but no decided expression OF opinion was
tanned. The petitions for aud against the plan which
lay on the table, had few signatures
A. X. Ely had found several obstacles which had not
appeared TO him AT first. The grade OF Frankfortst. IL
now heaviest as ii approaches Chath m-st The grade
OF the proposed avenue would consequently need raising
there than at any other place. This additional
grade would close up North William-st. entirely The
brdgeway itself was anavenue, and itmigt be
sary TO put another broad avenue by the side OF it,
flight Of steps OF - feet North William-st and ee-
yat0r at Rose Nandewaer aud other might an
swer all the demands OF travel Mr. Ely also remarked
that since opposition developing the plan,
another might be feasible. IL this: Frankfori-st
must be turned AT Jacol-t under all circumstance II
might then be good plan TO widen it little more, say
To 5Gl2 feet, and make il a fine street This
Improvement would only move back the front of Burr's
building about 10 feet, absorb 10 feet build
ings OF j. Madison and the estate OF t. NJ Young and
little OF Frazcrs old building. The grade Ne Frank
fortst would then be raised and the nsci ent sewer
OF three feet which now turns down Clifst could be
enlarged and continued down DOver-st This would be
of great advantage 10 all In the neigh
bOrhOOd because now the water backs up far as Gold
81. whenever there Ia heavy rain. Raising the grade OF
the streets running into FrankfOrt-st. would not do
material damage TO any valuable buildings, except per
haps that the entrance to Burrs factory Jaco6st
would be one floor below the surface.
The final meeting to discuss the matter will be held at
3 y. m. to-day AT the same place.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
DOCTORS DISAGREEING.

VIEWS OF PROPS. FLINT AND LOOMS on MALAE1A.
The suit of Isabella Saportas against the city
for damages account Of the drawing down OF the wa
ers Lake Mahopac is still continued before Judge Van
Bl1in in Supreme Court Special Term. The plaintiffs
claim for damages is twOfod-or reducing the value oi
her property and for causing maarous disease in her
family As to the first, the city raises a claim Of title TO
the whole bed VI the lake. As TO the question of malaria,
the city appeals medical science to show that ought
not to exist The cy's counsel called ont OF regular
order Prof Loomis high authority ieVcr~, amt cs-
peciay maaria He said that the cause OF ma
araI fcyers was yet absolutely asceraiucd. 1t
external the human body, and there were three heo
rlcs concerning 1.-THE gaseous theory, the germ
theory THAT spores of cryptogamic organisms were
undcr conditions spread aOdd aud the theory OF
Il specific poison which no chemical or 0theT~aialysiS
had vet determined lie declined 10 which was the
rue theory Of malaria but declared that there were Ger
tain Things sary 10 its productio-noatnre vcGc
table decomposition, ana certain amount or heat II
the average temperature of the day was below 1s no
malaria capable of producing malaous disease would
be produced from the exposure OF mud 10y suhsldcncc OF
tbe lake waters. IN judge Van BIunt. he sad
that Lc meant 10y that that II the temperature at night
fell for any time below js that would check and stop
the promotion Of malaiiIl poison. In this view lac
thought That the latitude Of Lake Maholac, between
sept 20 and Oct. 30 the exposure OF beach by the
subsIdrucc OF the water would not probably produce
malarial disease He also OF the opinion that ma
laral likely 10 show Itself within three weeks
Dr.. ArsIm Flint was called yesterday by the plaintiff
10 reply to OF til" conclusions of Dr LOOMS. lie
exurt>S cd the opinion that when the air at the
freezing point malrial poison could not be d'fed ana
some time would be necessary after NE temperature
rose to restore the poison 10 activity He gave al
lrgh bus very guardcdly his views this question:
and dis,cned from Dr. LOOMS distinctly only on one
uo,nt Dr. ri mt said that the time III which the maaIia
poison might BE- latent and yet develop itself III disease
was Indefinite within some months. Counsel for the
paiutiT asked him ii Bartlett Fcvers moi better
authority taan DIR. LOOMS Dr. Flint sand OH this one
point he preferred the book f. L. stet>on caused some
amusement by asking if that Bartlett was not related To
plliniA~s counsel W. o. Bartlett answered promptly,
ayes SIR: my elder brother, and brother 10 be proud
ia InfttD nf
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
MIDNIGHT IN THE HOUSE.
A LAST EFFORT 10 CREATE DELAY-DEBATE OPP

A LAST EFFORT 10 CREATE DELAY-DEBATR opyyvn
AT An
WASHINGTON, March 2.-At 2:2O a. m N,
Wood dem, n " made proposition that the HoD..
take recess till 10 o'clock tomorrow, and tina, .,
o'clock the vote shall he taken on the main ana,
ton, but there were objections and a .e.,.
Of uproar and confusion ensued lasting
for several minutes, In the course OF uhioh
Mr. Blackburn Dem, XVI exclaimed that Prd,v
hangpan's day-had been ushcrei In a lit day to Wifr
the Contamination OF the vainy and scandal OF ths nr
ceeding; and Mr. OBrien dem, Md drsigDated n,
Wood as the high priest Of the Republican pary and "a,
himself designated by Mr. Harrison dem, iii as Inc
small priest OF the hllbustcrs. NV
Mr. Wood then declared that his proposition was NOT
assened to he would never leave the Hall until the count
was finished.
At O'Clock twohour debate on the objection hem,
Mr.. Mills Dem, Texas made a speech In favor a
his resolution, IN which lac characterized the Representa-
tiyes Of the American people as covering IN the dust
The people, he said dare maintain their rights hut the
people representatives dare not do Their fathers
be ashamed to see them covering beforng before
despot who only commanded an army Of about $3.50
cratic party The whole 81 the speech IN this vein
Mr.. Blackburn dem, KY said; To day is Friday
On hat day the Savior Of the world suffered crucf1i6n
between two thieves; On THIS Friday constitutional
government, judicial honesty, fair dealing. man,
hood, deeency ,n,a suffer SgruelfXion among a
DAY that this Presidential fraud received his nomination
at the hands Of party convention. II was on
nation reached by the blistered perjured mis-
cr,ants who constitute the majority OF this
Commission have been promulgated IL is on that day
that you propose 10 cOnsummate your niquy. But the
people viii at length arise to punish, perhaps
blood the perpetrators Of all the scoundrelsm aud vi
lainy OF the proceeding Applause on the floor aud
the galleries..
Mr.. William Rep, Wis., replied to Mr.. Blackburn, say
ing that there day more lifting than bangmsns
day and 10 hour hitting than that al which grave
yards yawD for the gbbetng 10 death OF the ba-tart
party Of political reform which Mad vexed the eyes Of
good men for the last twelve months.
$50 a. m.rhe discussion Is proceeding on the once
ton to the Wisconsin vote. Notwithstanding tie
speeches of Messrs. Mills, Blackburn and Williams the
best feeling prevails among the members, a. indeed Il
did through all the eXcements OF the day. There Is 4
very full attendance and the galleries are still wei
filed. The discussion will not close until O'Clock
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
WAS IT MORPHIA OR MALARIAi

VERDICT OF TIE CORONER's JURY UPON TIE DEATH
OF FOUR EPIITPTiCs. AT BLACKWEII's ISLAND
The inoucst in the case OF the four epIiep-
Tics who died on Jan IL and r. Blackwells Island
was held vest rlay by Coroner Croker NJ the CorohefS
Office The following physicians formed the jury
Thomas C. Finnell. Thomas G. Knox, Charles L. Bruce
C. G. Stanley s j. Clark, George W. Ives. j. A. NC
Cre,rv Charlie, l. Roberts, Joseph O'DwyCr ana Samuel
UrmlDCway Prof K. A. Wittlaus the chemist, teSlhcd
that in the organs of one the dead persons, submitted
"a him for analysis 10 organic poison whatever cOud DC
Traced The only inorganic poison discovered vas
mercury and this in amount. equal to onetwenteth
of a grain Of calomcl or thrcctcth OF grain OF cor
rosiye sub!ina,c AS neither of these quantities would
cause death Prof. Wthaus declared that the analysis
had disproye the idea Of death by poison IN the case
under consideration
Or Thomas j. MAYOR, the resident physician al the
euieptic hospital on Backwcfs Island, testified mat the
four epilcpiics had been in the hospital for various
periods from six months to ten years. They were
treated for chronic epilepsy. Dr. Naylor described the
attack of two OF the women the evening OF Jan 10
followed by that of the other two on tie morning OF
Jan and the death of the four within A. hours from
the time seized. He noticed that the attacks
were similar in three of the cases and the subsequent
symptoms were alike III all. The pupils of their eyes
were contracted but their breathing was not sterorous
The surface OF the body cold were also their c4-
the iury then retired and afer short dc'iberaton r-
turned verdict that Law init l.. Merrill, Caolhe H"lH
ner, Mary Puh, and Minud Tape died nj the Eicpur
Hospital on Il ackwc'l'> Island OF some cause unknown
the Jury nevertheless the weight Of tie evidence
pointed to some narcotic poison as the probable cause
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
p 0 S T S G RIPr
500 a. m.
500 a. m.
LATEST PRESIDENTIAL NEWS
A VOTE REACHED on WISCONSIN

A VOTE REACHED on WISCONSIN
ruIBUsTERING KEPT UP AFTER THE TWO Borss
DEBATE.
WASHINGTON, March 2-3:30 a. m.-The debate,
the House on Wisconsin having closed
long discussion arose as to the position wh,,
Mr.. Mils's resolution should occupy. II w..
suggested by Mr.. Wood that il it we.
withdrawn and offered afterward as an ind,
pendent proposition, he would vote for it; but a.
substitute for the resolution IN regard to Wiseons.
he should have to vote against it.
That course would only be accepted by Mr. Mil,
if the House would agree to vote upon it before III.
Senate came back.
What was objected to on both sides. 1t was con.
tended by Mr. Brown (Kyl iMr. Hanson (Ill.l. and
Others that it was in contravention of the Electoral
Commission law.
Finally the Mills resolution was excluded On
point of ORDER with the intimatiOn by the spsake,
that Mr. Mills might afterward move its adoption
under suspension of the rules, but some Democrat,
remarked that that would be after the election Of
Mr.. Hayes was proclaimed.
The vote on Wisconsin was then proceeded with.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
WATER SOURCES IN PUTNAM CoUNrY-PRoPosED
DOG OBSERVATION-DISCLOSURES OF STREET CARS

WATER SOURCES IN PUTNAM COUNTY-PRoP0sED
DOG OBSERVATION-DISCLOSURES OF STREET CARS
LITTLE HELL GATE--A NEW HARLEM BRIDGE.
I'm the Board of Aldermen yesterday tax
payers of the Eighteenth Ward asked that the Ice ana
refuse in the by-streets be removed resolution was
offered that the engines of the Ncw-Iork Elevated i
shall lie placed in advance OF the passenger cars III
order TO prevent accidents The Special committee WI
Croton Water Supply directed to ascertain whether
tho te IN the water sites and lakes IN Putnam County
controlling the upper of the ctys supply can
be permanently acquired. and possible ext0rioh Oh
enormous sums in the future be avoided by immaculate
acton
The Committee Streets was requested TO CONSIDER
the advsability of widening Chathams from Frankfort
to Jamcs-st. Alderman Coming presented II - DOG
Ordinance" requiring license fee of - yearly ana that
dogs running at large shall be muzzled. and provided
with collar TO which snail be attached metal tag with
the number and date Of the license Alderman Le"is
opposed this the ground that il made discrimination
between the rich and the 1t was referred 10 tne
Law Committee. The Corporation Counsel was aSReu
for an opinion as to the authority Of the Common Counc
TO collect license the street railroad companies
The stonecutters Association asked that stonecutterS
employed on the public works shall be res
idcnts of this city On motion OF Aluerhan
Reilly the Dock Department was requesteu
TO report what action it had taken in TINS mat
ter Mayor Ely transmitted the report OF Gen. Newton
Hell Gate with ashes and street sweepngs The commits
sion recommended the passage of act by the Legsa
ture to change bukhead line of Randalls ana ware
Islands President Purroy submitted an ainendment 10
the act to guard against any public nuisance "cm i.
be caused by improperly doing the work lac i0ioM,ms
street imprOv cments authorized: PaVlns onGrnun
wenty -irst-st from Frstave 10 Harlem 'eI
with Belgian pavement; regulating Eimst. petWeen
Pearl and Woithsts.; lighting the pubic squacS AZ
broadway Sixtlave. and Tmrtythirdst; lighting Se.
cnty-nfth-st between Third and MadisOnayts; rrsua
ing Twefti-avc. from RveIsldedriye to ohc-huhareu
ant-thirty- thIrd-St. .,... ,.o..or
At the meeting OF the Board Of Apporonment yeStfr
day Park Commissioner Martin asked Tor an apPI0pId
tOu of 500 900 for new bridge over the Harlem RIVER
from Madson-ave. to Onehundred and ~
The plans were adopted in oct 1876 aud BIDS lo lc
work had been received The bridge would he OF 1 1
and 80 feet high No draw would be necessary me
Tmrd-ye bridge was tophcavy and liable TO la al any
minute Samuel T. Lyon and lohn j. crane reprcsen1,
ing the North side Association, advocated tre NV
bridge The labOrng classes were setting III tue IWtS
third and Twenty fourth Wards brcause OF cheap chH
and better facilities sLOuld be provided Tor ei ~ sea
across the Harlem River Inc sGigeN' y'' '"" WV
until Saturday next.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-02
SILAS B.. BUTCHER FOR APPRAISER

The news of the nomination by the Presl-
dent OF sias b. butcher Appraiser OF Merchah Sc III
the City NewYOrk the cause OF no little surprise
and comment last evening Mr. butcher who was called
upon last evening by TRIBUNE reporter said that he
had been totally ignorant Of any steps to his nom
nation when going home across the ferry this even
ing" he said, ~ surprised by gentlemen whom !
knew coming up TO me and congratulatinS me.
They then showed the evening papers
containing the report of my nomination. | have not
taken any active part in politics for some tlme, ana
hcucp nv surprise IL great About five weeks ago was
i'm Washington and met a gentleman who was at that
time looking this very Office He told me- however
that he had informed that Mr. French had not re-
signed and had not ntmatrd his intention OF re
signing have not yet decided whether or not shall
accept the office, and not Gus for ONCE II
matters little to me whether the Senate cOhiims OF re-
jcclS uOmni Atom =,
Mr. butcher closed the conversation by saying that he
did not know who brought up his name for the place
and that he totally ignorant of the cause OF MT
FTench's removal.