davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
A ONE CENT FINE.

JUDGE wANDELLs ESTIMATE OF A STYLISH
YOUNG MAN WHO DOES NOT PAY HIS BUTCH
En's BILL.
John Hay OF Astoria, l.. l., was placed ut tho bar OF
the Special Sessions Court yesterday, charged with
committing assault and battery James NJ. Henry, Of
No 1877 Lexington avenue, who was formerly Deputy
Tax Collector of ,nis city Counsellors Jackson and
Henry appeared for tho PROSECUTION with written
authority from Assistant District Attorney Russell
MIR. Henry, q styshly dressed young man, took the
stand and sworo that tho 18th Hay called at
his place OF business No. Is Rcae street, whore he
employed by his father-ip-law, Mr. Walker, paper
merchant and demanded payment Of an old Dill; wit.
ness was getting salary OF only S35 per week, and
was unable pay tho same, ind told him so The bill
was TO tho OF about $780, and was contracted
for meat; the prisoner then caught him by the Collar
and assaulted him by striking him in the face.
The was looking rather bad for Hay when he
took the stand. In cca, manner nc .oa story .a'
trates. He was formerly, he stated proprietor ot
mca, store corner of Elghtysixth street and Third
avenue, and tho complainant was one OF his GUS
toners. Three years ago HIS business failed and he
sold out. MIR. Henry then indebted to him In tho
sum OF S119 TOR provisions. Lattcrly he lost all his
property and no made several Intellectual attempts to
collect tho amount OF Mr. Henry bill, but was always
with excuse. HIS wife was at the present time
dying OF consumption and, driven by want,
he again called Mr.. Henry to get even
ono dollar CT the amount with which TO buy
weeks salary. IL told him." said tho witness.
that my children were hungry, and mplored HIM
to Two me even ST. but no cooly put salary his
pocket and buttoned up his coat, and told me he
couldn't help me. thought OF his living in brown
stone house, and grew frantic ana lost control OF
myself
Judge wandcll was much touched In pronouncing
the sentence
ebay, SAID he, syou are found guilty on the owl
dcnce, and Court sentences you to pay fine of
ono cent, which fine, added the Judge hastily, the
Court checrluy RENTS" Tho sentence was received
with loud applause.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30

In tho matter OF Henderson, Sc--Bond approved
Hcssen vs. Speyer Application denied
Philbn ". Price, Jr-Rcierenco ordered TO assess
damages.
Chase va Hearnc-See memorandum.
By Judge Robinson.
In tho matter OF Lcvy.-Ordcr entered granting
MARINE coURT-CHAMDEns.
BY Judge McAdam.
Mlcr VS.. Bode; B0de W. Bode; Simon va Mooney !
Bell vs. Hazard Opinions fled.
Merchant vs. Van Sauu.-)rdcr settled and ncd
Marks VS. Block.-The appointment of guardian BY
q Judge OF the Common Pleas (acting County Judge
10 commence action In this court Is sufficient
Code, sec. Il5 l-Order granted.
Mayer VS.. Schneider; Waddy vs. Coneo; Taitontc Va
Maua-Motions granted.
Rice VS.. Tying.-Right OF examination denied upon
giving stipulation that plaintiff became owner after
maturity OF tho note.
vic,ofson vs. Lukaun; Swift vs. Crossman.-Dcnicd,
no costs.
O'Donnell VS.. Kahn.-Procecdings dismissed.
Thonet vs.. Rothermc. Default.
Hall vs.. Wright.-Wrts TO Rensselaer, county al
lowed. (Sce Marine Court Practice, 2; PIP. 1872;
Code sec. 23l-
Treadweli va Tyon.-The examination OF judy
under tho second subdivision OF section 292, can only
be had IN where the creditor makes proof that
the debtor has property not subject TO levy which no
unjustly refuses 10 apply toward tho satisfaction OF
the judgment Where tho property which tho debtor
refuses apply IN his undsputcd possession and 10
subject levy tho creditor Is bound 10 levy thereon,
instead OF resong these proceedings Sackett
jaeger vs.. Buckcr.-Thomas l.. Feitnor appointed
receiver.
BY Judge Sheridan.
Erich va Abrahains. Case settled.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
A TILT WITH BEkGH.

WHAT CAuE OF CAR DRIVERS RESPECT FOn
ST. PArEIcK's DAY PARADE.
The proceedings OF tho Court Special Sessions were
considerably eniivcned yesterday by little tilt be-
tween Justice waudcll the presiding magistrate and
Mr. Bergh President Of tho Society for the Prevention
OF Cruelty Animals Tho occasion OF the 'passaco
was the prosecution by Mr.. Bcrgh of n car
driver OF the Third avenue line named John
Hogan for driving lame horse Tho ar
rest was effected the afternoon Of tho 18th inst
Mr. Bcrgh proved that the horse lame, and that
was the OF tho railroad company for drivers at
once TO unbarness animals becoming lame and proceed
to The stables for another horse This was in con-
tormity with tho ordinance. Tho prisoner in his own
defence stated that the horse was all right ON the down
trip, but became lame going back. He drove him
several blocks get out OF the way OF the ST. Patrick s
parade otherwise he would have complied with the
law and taken tho animal out OF harness cdately
Tho explanation OF tho driver appeared To satisfy
the that tho society's officer had acted too hastily
in making the arrest ana Justice Wandeil intimacd as
much. Tnis brought Mr. Bergh to his feet and he
asked what the Court meant to imply:
.sS,mpy this" said Judge Wande In answer; 'ri
while out driving, my horse became lame, would GER
tainly drive him home again for treatment, and not
take him vehicle in the middle of tho street.
have done it before and when tho occasion arises
"Wnat said Mr. Bcrgh, drawing himself to his full
height and glaring at the magistrate "Would you,
Justice act in defiance Of the law and ordinances?
MAGISTRATES DEFIANCE
eyes" responded tho magistrate, Sin defiance OF
them all and OF Mr.. Bergh me law allows a man TO
exercise common III conforming with Its pro-
visions in matter OF this kind, and would simply ex-
ercise such common sense "
Mr. Bcrghs body look the form OF o well poised mar
bic stat uc and his OF icy potencss ho
askcd:-
.Does tho Court mean to imply that am lacking In
common sensc?"
A REMARKABLE ADMISSION.
Judge Wandeii Hastily and with rigid courtesy
sOh no my dear SIR entertain the highest respect
Tor YOU consider you u, tho a-a-l consider you as
Mr. Bergh."
This unexpected admission from the Judge provoked
q general tiIlcr ia tho court ROOM which, however,
was quickly suppressed.
order being restored the Court addressed the pris-
oner saying 'Hogan, the Court finds you guilty, but
sympathzcs with you You appear TO have driven
the animal alter having discovered his laineness Tor
the purpose OF not blocking up the street You vio.
lated the strict letter oil the law, md you fined
the sum OF ST.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
SCHOOL TEACHERS PAY.

A MEMORIAL TO THE LEGIsLATuRE FROM THE
TEACHERS ASSOCIATION ASKING FOR RE-
LIEF.
Tho Teachers Association OF tho City of Now York
have scnt memorial TO the members Of the Legsla-
ture OF tho State oil Now York, containing collection
of reprints OF comments OF the New York city press
upon the action Of the late Board OF Estimate and
Apportionmcnt, whereby the salary item In the esti
mato OF tho Board OF Education reduced $780, 900.
Tho memorial states that the reduction was mado
arbitrarily and without consultation with the
latter Board. 1t further states that this action
has imposed upon tho Board of Education tho neces-
sity OF reducing tho salaries OF the public school
teachers (who number 3,247, 29l2 Of them beng
women for this year. unless the Legislature grants
them relief asked for by the bills before that
body. Previous the enactment OF tho pro- ont city
charter had been the practice under the laws then
existing the Supervisors to raise every year the
amount asked for by the Board OF Education. No au.
thorny outside tho Board OF Education the memorial
rcmarks had any power to reduce It's estimates or TO
refuse to ralse the amount they asked for. Under
that system tho funds OF the Board were wisely and
economically used.
The memorial is signed by the President and Execu.
tive Committee OF the Teachers Association.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
BUSINESS TROUBLES.

Walter @. Adams, shipping and commission mer.
chant, at No ISL Pearl street. has fled voluntary 20.
titon IN bankruptcy showing liabilities amounting to
$500, COO Tho secured creditors tho iolowing:--
Michcs Loos, OF Antwerp, Belgium, s119,07o CO, on
drafts for winch no holds 4S barrels Of oil that cost
si20s29 Move Banquc dAnvers, Of Antwerp.
ss5, 4o3 40, accepted drafts for which they hold
$3.50 barrels OF OIL costing $751; $685. Standard OIL Com
pany, OF New York. $i6 4SS for balance ON oil pur.
chascs, holding as security the bark Ecn Stevens.
worth over tho claims against IL $1,000 Tho largest
unsecured creditors are Merritt Brothers. Sis 23 SO
for cash advances and notes sold by the petitioner;
Hanover Bank $3b,422 80 discounted notes; Drexcl
Morgan Co., So, ITO 80, for commercial credits;
John Monroe Il Co., $l5,345 Tor commercial credits;
tho Maverick Bank, OF Boston, $l7,454 IL on die.
counted drafts; Metropolitan Bank, Sl4,375 on dis
counted drafts; Ball, Hutchngs Il Co., $4,000 Tor
discount on acccpanccs First National Bank, oil New
York. 5000 ON discounted notes; Brooklyn Bank.
$4,000 on discounted notes. Tho assets consist Of
1921 barrels OF oil held security by various par
ties costing S2l7 All an interest the bark Ellen
stevens; $4,000 in goods hold by w. O. Adams Il Co,
aDd debts due, S12,7l5.
In the matter OF the assignment OF Henry Nicoll to
Hugh N Camp, Mr. Nco yesterday submitted an
affidavit IN the Court Of Common Pleas, setting forth
the value OF the assigned property lilo says that tho
nominal value OF the property does not exceed:
$3.50, 700, forming part oi which 10 claim againse
CONTINUED ON NINTH -PAQRl
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
CAPTAIN KENNEDY's TRIAL.

THE CHARACTER OF THE PERFORMANCES GIVEN
AT TIE COLUMBIA OPERA HOUSE.
The Police Commissioners yesterday gave hearing
to Anthony ComstocK, who, on behalf Of tho Society
for the Suppression OF Vice. charges Captain Kennedy
with neglect Of duty in toleratng the exhibitions given
in tho Columbia Opera House, which is located in his
precinct Mr. Comstock appeared, lanked by
phaanx from the Young Mems Christian Association,
and tho accused followed into court by still moro
numerous and imposing procession of residents tho
Ninth precinct
Tho charges prepared by Samuel Colgate, prcsi-
dent OF the Society were first road. They specified
that the performances given In the Columbia Opera
House OF indecent character, and reprchensi
bic alike to good taste and morals; that tho influence
oil such entertainments Is corrupt and calculated 10
the mind that tho EXCISE law is nightly Y0-
lated in the establishment, and that unpardonaDlc
liberties allowed by tho managcmentto be INDUCED
in by patrons and performers
Anthony j. Comsock who was the first witness, tcs-
titled be had visited the Columbia Opera House. and
was there night OF February q. He said that
on that occasion be actress sitting on the lap
OF OF the occupants OF the boxes that the Per-
Torrance lewd, vulgar and improper, and that nm
indecent display was made OF the persons OF the per.
form.rs he stated that actresses entered the private
boxes and wine with tho men, ana familiarity
between the unbccomng In public place OF on.
allowed the performance, he SAID, Is
Infinitely worse than the pacards and advertisements
II TO be- but even they are tnexcusaDly hy
MIR. Comst0ck satd too, that police officers arc STA
toned tho doors of tho establishment
Another witness (Nr. Sevenson) stated that he saw
that was immodest In The performance mat no
considered It Indecent than any entertainment
no had Witnessed but on being cross-q uesvncd
seen 'The Black Crook" "Baba," "Around the
Worldn or any Of the dramas In which the ballet Is
largely Introduced.
The trial here adjourned by request OF the
prOsccu ion TIL Tuesday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
CHAMBERLlN'S COMPROMISE.

John W. Chambcrn, prominently known In con.
ncction with the Monmouth Park Race Course and the
whilom genial proprietor OF the Club House at Long
Branch, has just effected compromise with the bulk
OF his creditors which In the annals Of compromises Of
this CLASS stands probably without parallel
Ills failure was announced three or four
months ago, with list OF creditors
nd tho respective sums owing them, tho sum total
aggrcgating some $200,000 compromise was agreed
upon yesterday before Register Dayton for cent
tho dollar eghiy-one OF tho creditors having gwen
their consent to such compromise, and their total
claims aggrcgnting $17O,0Oo Mr.. Rice, council for A.
T. stewart e. Co, which irm had Judgment against
him for $4,000 as surety for the rent OF Nibio's
Carbon desired add TO the claim
s7O00O more, growing out Of the
OF action, but TINS was objected to by
by the Register IL stated that ia tho list OF crcd
tors agreeing TO the compromise arc not included
August Belmont, 7. A. Ioriilard aud others, TO whom
Mr. Chamberlin became Indebted IN connection with
tho Monmouth Park Race Course Mr.. Chamberlin as
will seen, wipes out his large Indebtedness by pay
ing 81, 700
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
DECISIONS.
SUPREME coURT-CHAMDEEs.

BY Judge Lawrence.
In the matter Of Durfcc; Lockwood vs.. Taskcr; De
Quesada VS.. Riblet; Same Same, same VS.. same;
the matter OF Benjamin. in the matter OF lngerso--
Granted
Thomas VS.. Thomas. Order granted
hermann vs. Ncimann.-l want the plcadngs ana
order OF reference in this case.
Casscriy VS. Manncrs--l desire to see counsel In
regard to tins application.
HUBERT w. Hubert Report OF referee is confirmed
and Judgment OF divorce granted TO tho plaintiff
Harris W.. Nicmann.--Ex PLANTATION required.
Cohen vs. Rowc.--Thc Mutual Lie Insurance Com
pany 10 Of the defendants Ia TINS actlon aud as
AIN policy holder IN that company prefer not To
make any order decree in the case.
Matter OF the application OF Miller for writ OF man
damus-The counsel tor the Police Commissioners may
reply the supplementary brici submitted by the re-
lator's counsel.
The Union Dime Savings Institution VS.. Oslcy.-- Ar
ter reading the opinion oi the General Term am OF no
opinion that the Court Intended That the parties should
lut in pleadings In ordinary action and that TIC
whole should be disposed OF as upon ic trial OF
an action II tins be the correct view, necessarily
follows that an appeal lies directly TO tho "cnera Term
from the Referees decision.
BY Judge Donobuc.
PHO w. Seiter.--Cannot Xix amount OF bond until the
deficiency Is known
SUPREME CoURr--spEc1AL ITEM
BY Judge Van Worst.
Guidct vs. Brown Ct aL-Jndsmcn' Tor plaintiff.
OBI n vs. Browning; Merchants Bank OF Canada
vs. Barrett and another -Decrccs aligned.
COMMON PfSAs--sPIciAL TERM.
BY Judge Lprremorc
EngcI Kcrchcr W. Schacicr lcshne vs. Ecy
Earle Kane; la the matter Of Bloch; In the matter
OF Dwyer Oakley va Baron; Same vs. same -AppI-
Bruosen va Ferry, Knox Ferry. Costs taxed at
sl3 -.
Ireland vs. Hochrciu Decree granted
BAmbacher w. BamDachcr. lit appears that Judge
Robinson has already passed upon this matter, anu
do not know how q comes before me.
stewart 70 fsess Report Of referee confirmed and
GisSrlbutlo1 orderef-
Cassse va Bset---Aypes dismissed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
CORONERS' WORK.

An inquest was held yesterday by Coroner Croker
upon the body of George Albert Nelson, tho jury rem
dcring verdict OF death from shock duo to injuries
accidentally received by being run over by car No. 10
OF the Second Avenue Railroad, and they cxonerated
the driver from all blame in the matter =
The cause oil Roger W. Stewards death was decided
DO exhaustion due to scalp wound, tho result or
falling down stairs while intoxicated.
In the case OF Maria Duane, who was rescued from
fire IN Cherry street. verdict OF death from serious
unknown way, most probably accidentally, while tho
deceased was IN an intoxicated condition.
The inquest on the body OF Jeremiah Kennedy, tho
tailor, who died recently in the Homeopathic Hospitals
Wards Island, from INJURIES received on ST. Patricks
evening" resulted verdict OF death consequent on
deceased accidentally falling down stars 81 NO. 400
East Twelfth street whilo he was drunk.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
THE COURTS.
The Blind Goddess Dispensing Justice
to ASSailantS.
PENALTY OF PUGNACITY.
Enforcing Judgments Obtained Prior to
Receiyershps.

John wogtkarez, Russian sailor. sues Captain Len
nox in the Marine Court for assault upon the high
seas 1t appeared that wogtkairez contumacous
and unwilling work. and the Captain hung him up
the rigging. The plaintiff sworo that he was hanged by
. ropo around the neck The Captain conrndicted this
and said that the plaintiffs ironcd behind
aud that he suspended him Tor minute by tho arms
Judge McAdam, while disappearing OF the plaintiffs
conduct said that Captain Far and ordered
him to pay $50 John Arson, another sailor, sued the
second mate and the the brig Dart in the
Marine Court for assault upon tho high seas. The
trouble originated about pie, which John took from
tho forecase, where the steward had put It to COOL
Judge McAdam rcbuked the plaintiff, but said the do
fendants' violence not justified and they were
therefore mulcted in $40 Mary Rexroth sued Albert
Dinklomau In Marine Court for assault Tho trouble
originated between tho planti and her landlord. tho
deicndanrs ather, and the defendant took hand Ia
and struck the plaintiff. and Tor this want
Of gnliantry Jadge McAdam mulcted the young
acntlcman IN the OF $40. He paid the
Judgment In court and the Sheriff released
him from Judge McAdam tired these
three contested actions yesterday afternoon,
tho saying. .'rail oaks IRON little acorns grow" was
excmphed all OF the three cases tried Tho first
originated about the misunderstanding OF an order;
the second, about pie and the third about broom
ltgants, seventeen witnesses, ono clerk, two court
officers and judge was taken up IN tho detcrmina-
ton Of controversies which little good sense and
cool talk between the parties might have saved. Be-
sides the uupcasan,ncss OF these affairs TO the parties
interested their great loss OF time and expense tor
LAWYERS sheris' and Court fees tho unfortunate de-
iendans will have to respond pccuniary IN Tho dani-
ages awarded or go TO jail
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
SUMMARY OF LAW CASES.

AS usual there will be State courts to-day being
Good Friday.
John Hanon, charged with passing counterfeit ten
dollar notes. purportng be the issue OF the Lafay
National Bank OF Indiana, Was yesterday tried be-
foro Judge Benedict and jury in tho United States
Circuit Court and acquitted.
James 4. Smith was put on trial yesterday before
Judge Benedict, the United States Circuit Court,
Criminal Branch, a charge OF being connected with
other parties in running Illicit dstillery IN Twenty
fifth street. After all IN the jury
turned verdict VI not guilty and Smith was dis
charged.
Larremorc as guardian ad cn for Carol Marks boy
seven years old in IA SUIT which no Is about 10 bring
against David Block. lie charges IN his petition that
on the 23d February 1877, David Block without any
provocation seizcd Marks and struck him violently
over tho head with his hand. He then carried him
and his daughter to hold the boys head so as to
drr en,lreIy helpless and stripping him. scized
u neavy strap and beat HIM SO severely that no has
been confined TO his bed some time. Tho proposed
SUIT rs tor damages.
Eliza Ncinman hns brought suit for divorce against
her husband, Ferdinand Ncinnan They were married
by Mayor Hall 1872, and lived together until September
last when, she alleges, she discovered his inhdclty
through seeing him enter house oil Ill lame IN or
syth street. opposite where they lived whercupon she
followed the house, where further proofs met
her gaze The referee reported OF decree Of
divorce but Judge Lawrence yesterday refused TO con-
firm the report stating that o desired, before taxing
any acton 10 see the pleading ard the evidence. ~
died IN 1870, after fen years. partnership with ono
Mazury. The surviving partner according TO articles
OF Partnership purchased the real and personal prop
crty OF WhiLon and commenced TO pay OIL He rem
in 1873 which the executors dispute,
alleging that $50 900 is still due TO the infants ana the
OH MS side alleges that the infants are IN
debted to him. The was argued before Judge
Lawrence yesterday on motion Tor leave 10 eSamne
the books papers IN the hands OF Mazury TO which
he replcs, amoug other things, that the BOOKS wero
kept by the deceased Wh'on's brother, ana mat ne
need TO inspect them. After thc argument the
Court took the papers
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-30
CONTRASTING A JUDGMENT.

Aaron Smith, In May, 1875, obtained verdict OF
S. 900 on a trial before Judge Barnard, in Orange
county, against the Erie Railway Company. he was
brakeman the road and in coupling some cars had
his right hand crushed, compelling its amputation.
Both the General Term and tho Court OF Appeals az
frmed the judgment, the costs of such appeals
amounting to Ss2l. Meantime the Eric Railway Com
pany placed the hands Of Receiver Jewett, no
refused 10 pay the judgment mouon TO
compel its pay ment was made yesterday before Judge
Lawrence, IN Supreme Court, Chambers, Mr.. ID. d.
McKoon appearing on behalf OF smith aud Nc. Solo
mon Haniord ON behalf OF Receiver Jcwctt The latter
claimed that Mr. Jewctt, as receiver only represents
the interests oil the bondhoders and that he has
authority therefore, TO pay tho Judgment Mr. Mckoon
insisted that the Court granted stay OF sixty days
alter the judgment, during which time tho railroad
company became insolvent, the Court was now bound
TO protect him in enforcing such judgment Judge
Lawrence took the papers.