davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-03-22
COURT IN A BEDROOM.

For some years preceding January, 1875, and up to
that time julius Becks ana Frederick Haubner were
partners In business They had acquainances in New
Haubuer loaned from time to time over S15, 000 They
camc 10 him another loan, bu, he refused saying
he had the money to spare. At this time HaubncF
had on deposit in tho Chemical Bank bonds belonging
to his partner OF tho value Of over $1,000, and
OF these Jerseymen asked 10 be loaned portion,
and were loaned S., 900 of the amount When tho
partnership between Bccks and Haubrer dissolved
the former demanded that the latter account to him
for tho S., 900 In bonds loaned to their Jersey
friends. This Haubncr refused, saying they were
loaned by Becks' consent and at his personal
risk and that Haubner had quite enough Of
loans 10 tho Same parties to be responsible
for. After the dissolution Becks brought suit III the
Supreme Court against his old partner TO recover the
value Of the bonds thus loaned, claiming that they
we're in Haubner's custody and were loaned by him
years past Haubner tho defendant, has been confined
10 has house by illness and unable TO attend trial Ia
court, but at the same time was anxious ior a jury
trial To transfer the court and jury TO Haubner's
house was, OF course, out of the question The dif
Guilty has, however, been surmounted by the appoint
ment OF referees in the Under the law re-
lating TO referees, as 1t has long existed
and Sill exists, although not generally followed tie
Court in its dscreton appoint three referees in
case we'll This, the parties thought, would
piCation TO Judge Barrett he appointed Mcssrs George
w. McAdam, James 4. Carpenter ana James Steers
Yeferces These gentlemen are all members oil the
Bar and constituting themselves judge and Jury, have
formally organized a court IN HauDners pcoroom
thus bringing justice near home to HIM as could
we'll be- There has been one session OF tho court and
others follow Haubners health and other clr-
eumstances may permit
The New York herald., 1877-03-22
THE COURTS.
A Divorce Suit Revived After
Having Slept for Five Years.
FORMULATING THE CODE.
Converting a Mans Castle Into a
Dispensary Of Justice.
PAYMENT OF THEATRICAL LICENSES.

In Supreme Court, Chambers, before Judge Law.
renee, yesterday, motion was mado by Nr. John
Flanders counsel for Jennie f. Erkenbrack TO dismiss
an action commenced i've years ngo by her husband,
George A. Erkenbracx, for divorce. Mr. Flanders
stated that Mrs Erkenbrack, ID 1869, obtained from
she Court OF Common Pleas a decree oil separation
from her husband Tor cruel and inhuman treatment,
with custody Of their three sons then seven, five
and three years old that in March, 1877 the husband
Instituted this action tor absolute divorce from his
WIFE, charging her on information and belief with
adultery with numerous members OF Congress.
State officers and other men, professional and
In private life The plaintiff then applied
In this action afidavits ior the CUSTODY
pf hts children, which application was denied by Judge
Brady. The issues the action were reached IN the
calendar trial thrcc years ago this m0nth, when
the plaintiff not being prepared Tor trial. inc case was
has repeated notices on tho plaintiffs attorney,
demanding trial OF the action. The paintn having
never brought the case on Tor trial tue dclenuant
makes this motion throw tho case out OF Court Tor
neglect to try IT, Tho defendants attorney insisted
that the plaintiffs charges were outrageous ana
10 have vindication Of tho charges, or
OF her character, and to be relieved from longer
sustaining these old charges Mr. Charles Spencer APP
peared tor the plaintiff and stated that the pantih do-
sired not to have the tried, nasmnch as the de-
feudant a lady well known under literary name
and MAINTAINING excellent character ana was
supporting herself and her children ana winning rep
utaon with the public. and requested that tho cause
might be referee tor trial. Mr. Flanders re-
fused consent TO reference and insisted on The de-
tcndants right to trial by jury In open court Judge
Lawrence took the papers and reserved hts decision.
The New York herald., 1877-03-22
ANCIENT HYDROPHOBIA.

fMaysyille (Kyl correspondence of the Louisville
Courer.Journal, March 70
Besides the archpoouists, gcologsts bug gathercrs,
60 have alluded TO, thore also In this city some
bibliomanacs One OF the latter ciass callcd my at
tontion TO paragraph In nm book In his collection
that these days Of Spitz dogs may not bo unnteres
Ing The upon the ttlc place the dato 1852
with a notice that 1t published in London, "and
are to be sold by Hen. Grips Lodo Lloyd, at their
shop in Popes.head alley" This paragraph shows
what thought OF the effects OF the bite Of mad
dog two hundred years ago:--
every village, which comes by the biting OF mad dog,
or scratching, saith Aurclianus; touching or smelling
alone Sckcnkius proves, and IS incident
to many other creatures well as men, So called bo.
tho parties Affected cannot endure the sight OF
water or any liouor supposng still they sec mad dog
In It. And which s more wonderful, though they be
very dry as in this mnady they are they Will rather
than drink. Cmus Aurclianus an ancient writer,
makes doubt whether this hydropnobla be passion
Of tho body the mind. Tho part affected is the
brain; the cause, poison that comes from the mad
ss ws'n ali the n"s on %"d tho Sody m
dcshem relates OF some that died so mad.
and being up, had no water, scarce blood or any
moisture lett thcm To such as are so affected the
fear OF water bcgns at fourteen days after they are
bnten to some. again, not TIL forty or sixty days
after Commonly, said Heurnius, they begin 10 rave,
nv water and giasscs to look red aud swell In tho
face about twenty days after, some remedy be not
taken in tho Ineantime 70 lie awake 10 DC pensive,
q swoon and ottentmes nts of the falling sickness
Some say little things like wheps will oc seen in their
urine lf any of these signs appear they are past
covcry. Many times these symptoms viii
not appear I'LL Six or seven months AFTER
saith Guiancrius; twelve as Albertus, SIX or
eight months after, as Galen holds Baldus, the
great lawyer, died OF 1t; an Augustine friar and a
woman IN Dcft that were Forrcstus' patients, wore
miserably consumed with It, The common cure IN tho
country, for such at least dwell near the seaside Is
to duck them head and ears In sen water. Some
use charms Every good wife can prescribe medicine
But the best cure had In such Is from tho
most approved physicians. They that read OF them
may consult with Dioscaridcs lib. O. c. 81; Huernius,
Hedesheim Capivaccius, Forrcstus, sckcnkius, and,
before all others, Codonchus. IN Italian who hath
tely Written Two excellent books on The suhiacL"
The New York herald., 1877-03-22
THE EMBARGOED SILK.

Owing TO tho immense mass Of testimony taken In
tho silk cases before General Ketchum, which will
cupy the stenographer several days to write out the
evidence had reached tho Collector yesterday and
II may be several days yet before the will como
into his possession However, the result will not DO
otherwise than stated before In the HERALD The
valuation Of the goods has been advanced
but u mere trne, aud scarcely one.half tho
amount would require to incur penalty Tho silks
dispute have been entered regularly at the Custom
House. and have by this time doubtless been disposed
Of Everybody concerned in this matter feels relieved
Of a great weight-even those who have been instru-
mental In placing embargo on tho silks aud thereby
causing loss OF thousands OF dolla importers
The New York herald., 1877-03-22
MANY DIsAGREEMENTS.

ravsrd simon h Brother, OF this city, sued Simon
o.osv Of Galveston, Texas, to recover 81, 800 for
.ooA. so,d and delivered. Tho suit was defended on
-. ground that tho credit was given, not to defend
..s bus 70 Mooney Co, OF this city, whom delcnd'
~ os,ms 70 have paid The case was recently tried
!. she nsrine Court, before Chief Justice shea and
s-.. ana verdict rendered for plaintiffs But on tho
,,v being polIsd BY Mr.. r. s. Nowcombc' tho Defend
80. counsel shree Of them stated .hs. was no. ,he,
vesu.os - fssrns 20 agree were discharged Again
~ ~ ~: ss.s 70 Trial before Judge McAdam and IA
~ .y.~."~cI that n was impossible for thcm to
~ ~ bsins fof tho dsscndant and three ior ano
s,ssc{,6 Thoy were thereupon discncrgcd sno 0oru @
~ ~ deendeet Askad teat sqesRak AaA |" - JAW
The New York herald., 1877-03-22
COURT CALENDARs-THIS DAY.

SUPREME CouRr-CnAnBkRs-Held by Judge Law.
renee Nos !, g. IA, so. a. lis, 145, 152, l53 154
16l 1872 l7s. isl, 1893, 205 200 222 230 23 1886 236
242, go, 252 25S 255 25S, 200. Assessment calen-
dar Nos 49, 40 ~, Cd. 81, 3d. co. u, 62 SO, o. 65
&C. 81.
SUPREME Couxr--GESERAL rERM--hed py judges
Davis, Brady and Daniels.-Nos SO, 107, 107ls, %,
Ill, 1l2 49, H. las, 147, l4s, 49, 81, u, l1o, 14a
$50, 151. 152, l53.
Van Brun-Nos 205, 14y, 3S, l53. 1855, 1917 166, III
l72, l73 ia 175. l76 2s2, o. lz9, 372, l7s, 1877,
"a, ls0, 65, 1o5, ISL, 1s2, ls3 lS4
SurREsg CoURT-CIKoUIr-Part Held by Judge
Barre,I-Casc on, Tho Excelsior Petroleum Company
VS. Fowler. No day calendar. Part 2-fIeld by Judge
Donohue. Nos 1884, 1925 1872, 1905, 1910. 2o9s,
2l02 2l34 394 1862 1872 1885, 1883 2l0s, 2220 2la0
2l36 435S, 1926. 2740 222s 2256, 2l6S, 33S, 221s,
22s4 22ss 22g2 1894, 229o, 2s54 23e2, 236s. 1870,
234 237e 2sso 1882, 23s4 23se zsss 1894 23e6, 24oo
24O2 24O6, 24l2. 24is, 2422 PAPA. Part 3-Held by
Judge wcstbrook.-Nos. 1881, 413, 4l9 2os9 2125,
259 1862 $780, 1929 1924 4493, Ill., 3O0o 1901, 1885,
433, 1l60h.
COMMON PLEAs-EquIry TERx-Hcd by Judge Larrc-
morc-Nos. o. 49, 49, H. Is, S0 81 Z, 10, II, 8, 10,
20.
Couos PLnAs--TRAL rERx,-rnrt l-Held hy judge
The New York herald., 1877-03-22
A HOBOKEN CANNIBAL.

Thomas Slogan, o candidate for tho Office OF Alder
man Of the Fourth ward OF Hoboken, had boon placed
undcr bonds to appear for trial. the charge Of
tempting while Intoxicated to bitc Off the nose Of
friend, named John Grogan. The prisoner has been
arrested previously for the same offence. Recorder
BohDstedt gave him light penalty when last ar.
raigned IN court, tho strength OF Slogans promise
that he would reform.
The New York herald., 1877-03-22
THE SPITZ IN NEWARK.

In Newark the war against the Sptz dog has broken
cut In consequence Of one of tho breed having on
Tuesday, In Murray street, bitten young man named
Charles E. Phelan. 1t appears the dog attempted to
bite young girl near St Luke's Church. and Phelan
CALAMITY sprang forward to her rescue, seized the dog
by the neck and pulled 1t away. The vcnomous brute
turned upon Mr.. Phelan ana bit his hand severely
The wound al cauterzed. Though the friends
of the young man approhensve oil serious results
II not thought that any Will accrue owing 10 tho
prompt cauterzation. Tho dog was shot,
The New York herald., 1877-03-22
DECISIONS.
SUPREME CoURT-CHAMBERs.

BY Judge Lawrence.
Gcrmana Lie Insurance Company Vilmar-
What amount should tho receiver retainr
Schcrry IS. Schcrry.-Report confirmed and judg-
ment OF divorce granted to the plaintiff.
Newschafer W.. DO La Mare.-Thc motion to over
rule answer frivolous, and judgment Is granted by
default.
Rasch vs. ShclL-One oil the surcties being mar
ricd woman am unwilling to approve OF tho under
taking
smith vs. The Empire Laundry; Hardecker VS.
wenzel; Betz Horne; Union Dime Saving. lnstitu.
tion SANFORD (Nos. ! and p; Weeks vs. Gregory;
Shook vs. The Mayor, &c Waach vs.. Same; Hayes
VS. same; Buck Vi. Same; Daily vs. Same; Same VS..
Firearms Company vs. Farwcl Gun Company; jarrett
vs. The Mayor, &C.; New York Academy OF Music VS..
Same; Kmer vs. American Straw Sewing Machine
BY Judge Barrett.
Hicks Equitable Lie Assurance Society-Extra
allowance OF 800 granted and judgment ordered.
By Judge Davis
In the matter OF Temple Beth FL, &c.-The assess
mcnt should be reduced in accordance with the rule
recently declared at General Term.
In the matter of Pike; Arctic Fire Insurance Com
pany VS. Seiley.-Orders granted.
SUPREME coURT--sPEC1AL TERM.
BY Judge Van Worst
Thomson Thomson and others. .-Granteo
COMMON PLEAs--CHAMBEns.
BY Judge larrcmore
Price vs. Clark ct al Motion granted.
Matter OF Compton, &c.-Sce memorandum for coun-
Webb vs. Gowdy AFFIDAVIT insufficient
Focke Godeirroy and Eewcombe vs. Friedmsn--
See mcmorandums
Matter Of Taylor, &c matter Of Pcebles and Setback
vs. Holbrook Applications granted.
Jane 4. Delaney vs. Daniel Delaney Orders settled.
Dcvinc, &c, VS.. Gibson et aL--Motion granted.
See opinion.
Grow VS.. Cotton. Application denied Soc memo
randum Tor counsel
Tho National Printing Company VS.. Higgins.-Moton
denied. see memorandum for counsel
Josuez Va Connor.-MOtion granted on payment OF
costs and disbursements since dofaut
Astor VS.. Carpenter; Tho New York Life Insurance
Company vs. Hargravc OF al. same vs. same, aud
same VS. same judgments ordered.
MARINE CoURT-CHAMBERS.
BY Judge McAdam.
johnson vs. Miner (four rcasesl-OpIpion nlcd
Hamilton vs. Clark Motion Tor judgment denied;
$40 costs TO defendant to abide event. TINS is
proper tor the snort calendar and Will be ordered
on Tor March so
Abbot Connor.-Motion granted upon payment OF
$40 costs within three davs, IN amended summons and
complaint containing appropriate allegations TO be
served 1T timc. See Marine Court Practice, sec
ond edition, page l39
Wollman vs.. Gcnslcr.--Motion denied, owing TO the
Ambiguous language OF tho order See papers
Winans VS. Clark.-M0tIon granted conditionaly.
Reilly VS. Minister Where under section 1854 OF the
code tho plaintiff fails 10 reply or dcmur to the
matter IN The constituting counter claim Tho
Ascendant 70 moi eptitled 70 iQdgment Tor tho full
The New York herald., 1877-03-22
DIED.

AsrES.-On the 10th inst, THOMAS L. AsrKS, In his
57th year.
The relatives and friends of The family respect
fully invited to attend the funeral from his late resi-
dence, No. 433 West 10th st., on Thursday, the I'D
inst, at one O'Clock.
BRETHREy:-You are hereby summoned to attend an
urgent communication OF Eureka Lodge, No. 243, \.
and A. NJ. at the Composite Room, Masonic Temple
on Thursday. March "a at twelve Ma Tor the nurpose
The New York herald., 1877-03-22
COURT OF APPEALS.

ALBANY, March q, 1877
In the Court Of Appeals to-day-present Hon. San
ford e. Church, c. j., and assocates-tho following
business transacted:-
No. 200. Peter 3. Pulver, respondont vs. Abram
Martini appellant OF afilrmance by default
No. 226. Orrin O. Horton, respondent, Va Tho Town
OF Thompson.-Argued by I. \. Bush for appellant
ana John J. Linson Tor respondent
No. 22S. James Arkt and others, respondents, vs.
gued by George W. Miller for appellant and Daniel S.
Morrel for respondent
No 229. Max Eppendorn, respondent, Va The Brook
lyn and Newtowp Railroad Company, appennt.-Ar-
gued by Samuel Hand Tor appellant and T. e. Cronln
for respondent
CALENDAR.
The following Is the day calendar for Thursday
Nos $50, 232, 233, 234, 1876, 237, 239 and 24l.
The New York herald., 1877-03-22
MARRIAGES AND DEATHS.
MARRIED.

HAcgMASS-SCHwElrzER AT tho residence Of tho
BRIDES mother, on Tuesday, 10th Morch, 1877, by tho
Rev. Edward Eggleston, ID. D., OSCAR HACKMANX to
BERTHA NJ, eldest daughter OF tho late Conrad
Schweitzcr, all of Brooklyn. No cards.
WnKEs-HBwITT.-ln Stamford, Conn, by Rev. Il.
r. H. VAIL GEORGE $. WILKES, Of New York. TO SrELLA
b. only daughter OF Christopher Hewitt, OF Troy, N. Y.
The New York herald., 1877-03-22

selected and the trial 20 again. To this plaintiffs
counsel objected Decnaanps counsel then offered to
submit the TO the Judge the testimony which
had been taken. To this plaintiffs counsel finally as
sented, anu Judge McAdam took the case under con-
siderntion In the full confidence OF all parties con-
with himself than any jury W hich could be selected
The New York herald., 1877-03-22
A QUESTION OF PRACTICE.

Judge Larremore yesterday rendered an important
decis on in the case of Michael W. Devine, admnstra.
tor &c., against William Butler Duncan, administra-
tor &c. Charles r. Carroll sued the firm OF William
Gibson Il Co. to recover upon joint liability for the
purchase and sale Of cotton. Carroll had purchased
and paid $4,000 for interest and was to share in
the profits and losses of the transaction. Carroll
brought suit for accounting and for judgment for
the amount found due him. Tho defendants an.
swered, admitting plaintiffs interest ana their readi-
ness 10 account, and pleading non-joinder of par.
ties. Mr. kocofson, one OF the defendants hrm
died, leaving Will, appointing Thomas O.
M. Duncan, ono OF the present defcn dants, was
duly appointed administrator with the Will annexed.
Carroll died 1874 and Devine, the present plain
tin, was appointed his administrator supplemental
complaint IN revivOr was served against Duncan and
twenty days aftcrward another supplemental com
plant Was served changing the BY eav
ing out Wilson on the ground that he was insolvent
and had since died. and alleging Gibson's insolvency
praying Judgment against the latter and Duncan.
This complaint accepted. Judge Larremore
holds that amended complaint beng pleading can
be amended once without application to the Court.
The principal point In dispute, he satd, Is as 10
the Joinder OF the representatives OF deceased
on JOINT liability. on this point Judge Larre-
more ys-"If this wero an action at law on JOINT
liability Duncan would not be proper party ana tho
estate his hands could only be reached by suit in
equity aiter all legal remedies against the surviving
partner had been exhausted. But this action
is on the equity side OF the Court and among the
ments by way of supplement- is that Of the inso-
vency OF Gibson the surviving partner This Is not abb
solutcly denied by tho opposing andavt the denial
q member. Tho facts alleged, II proved,
would sustain a new action against Duncan, and the
liberal policy Of tho code In causing parties TO be
brought IN, in order to prevent circuity OF action,
leads the conclusion that this application should be
granted Tho defendant may interpose the same de-
icuccs in this as in such other action except the
statute Of limitations, and where the merits pre-
appear ana @ hs hs couy 70
Q sound discretion md save the statute"
The New York herald., 1877-03-22
LARGE CLAIM AND SMALL GAIN.

Sarah Earle sued John Fink and A. s. Spauldng to
recover $25, 900 damages. the following grounds
In May. 1878, Spauding occupied store IN Eighth
avenue, Fink being owner OF the property. Spauld-
ing's wagon backed up to Oh" sidewalk to be un
unloadcd, when a runaway horse pushed past the
horses head, causing the to be backed suddenly
against the shutter box which, with Its contents foil
GU plaintiff and caused the injuries TOR which she
sought damages The SUIT was defended on the ground
that the INJURIES by fault OF defendants
and that they had been greatly exaggerated. Before
the trial defendants counsel, Mr. George w. McAdam,
rendered to plaintiffs counsel, Colonel Spencer tho
sum Of 500 COSTS by Of buying their peace,
but this oier rejected On tho trial yesterday.
before Judge Van Worst and jury. in the Superior
Court, the plaintiff got $500 damages
The New York herald., 1877-03-22
THEATRICAL LICENSES.

In May, 1874, the proprietors Of the several leading
theatres aud other places of in this CITY,
VIII DO remembered united In test SUIT such suit
being by Mr.. James Lester walack to resist the pay
OF license fees the Society for the Reformation
of Juvenile Deinquents. During the intervening time
this has dragged It's slow length along through tho
courts appeal following appeal until It's nal adJudica-
ton by the court OF last resort declares that the en-
forccment OF the payment OF such license feos was
properly vested In the society named AS tho society
has meantime. been deprived OF the license fees, APP
pIicalon was made TO Judge Lawrence In Supreme
Court Chambers for adjustment OF the damages re-
sutng from such nonpaymcnL Judge Lawrence yes
icrday appointed Mr.. Wiham Marbury referee in all
the
The New York herald., 1877-03-22

Robinson.-Case on Levy ct al vs. Newman OF al
COMMON PLgAs-TRAL TEHx-Parts 2 and S-Ad-
journed TOR the term.
CoMMox PLEAs--GEyKRAL TERM ADJOURNED until
the first Monday OF April
SUPERIOR couRr-GgxEaAL TBRM-Adjourned sine
Freedman. NO day calendar.
SUPERIOR CouRT-IkIAL TxRx-Pars Held by
972 62o ll77 756 572 573 7i3 3ll, 500, llo4 ll3s,
633 s66 94S, 529, o91. 7s4 ISL. 75l. III 100, 1869,
5S5 5s6 Parts and 3-Adjourned for the term
MARINE couRr-TRiAL TKnM-Part l-Iiea by Judge
slunot.aNos 1854 a!4o 4oss, 1901, 5lsS 1904 1883
9 so 1899 so 4SS s' g sos 59la ois sas "a
s si 1913 @ @sssi siss, 1855 sssS s ssss Si ss sios
shea.-Case on, Reuben VS. The Brewers and Malt
sers' Insurance COMPANY No day calendar;
COURT OF GENERAL SkssioSs-rart l--Held by Judge
Sutherland. The People VS. John Brennan robbery;
Same vs. Antonio Violi clonious assault and battery;
Liorens Kiencsmaa, iclonous assault and battery
Michael DonncIy, eIonous assault ana battery; Same
va Henry W. Starring and Edward Malone burglary;
Mary Jane Cunningham. grand larceny; same vs.
William blair. grand larceny; samc VS.. Frank W.T.
meyer petit larceny same VS. William Kennedy petit
larceny; Same vs. John Henley, assault and battery;
John Donohuc robbery Same vs. Robert Hill and Jane
Hill. assault and battery; Same vs. Daniel Hamilton,
tcratng milk. Part Held by Judge Gildcrslccve.-
Tho People va William +. G. Mccarthy (cont'nucdh
grand larceny Same va John Sullivan grand larceny;
Same VS.. John McManus. burglary.
VERDICT IN a LIBEL SUIT.
The suit Of Joseph n. Woods against Mr.. T. K.
Pangborn and ohers proprctors OF the Evening Jour,
nal Of Jersey CITY, for libel which has occupied tho
attention of the Supreme Court Kings county before
Judge Gilbert for the past three days, concluded
yesterday. About three years ago tho plaintiff was
partner In the Lehigh and Wyoming Valley Coal Com
pany. At the instance OF Mr. Francis, in 1873 plain.
TIT and hts partners arrested charge OF sclling
at underwoight The dismissed, but was
written up fully in defendants journal, and tho CON-
plainant alleged IL written in isse and malicious
manner. He claimed that tho Objectionable articles
had caused him great injury, and demanded damages
in the Of 1900. The jury, after brief dcber-
alton, returned verdict OF 81, 600 for plaintif.
The New York herald., 1877-03-22
A DANGEROUS CORNER.

Martha NJ. Halliday, OF hcmpstcad, L. l., brought
suit in tho Brooklyn City Court before Judge Nelson,
yesterday attcrroon, against the Prospect Park and
Coney Island Railroad Company to recover 81, 900
damages for personal injuries sustained. On the
evening of August g. 1876. plaintiff in the act OF
getting board a Brooklyn City Railroad
OF the cars on defendants line suddenly
turned the corner OF Front street into Fulton,
the end OF tho latter Car jamming the plaintiff vi0
lcntly against the then stationary car, which she
entering Mrs. Halliday injured Internally, and
claims 10 have suffered much bodily pain and distress
In consequence OF the negligence OF the defendants
servants The defence was denial The jury gave q
verdict for tho plaintiff IN the sum OF $3.50.