davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
COURT CALENDARs-THIs DAY.

SUPREME CouRT-CHAABgRs. Held by Judge Dono.
hue.-Caendar called al ten A. M--Nos. o, IS, 81,
o. o. a. 66 81 30, $50, 202. "a, 1885, 2bS 260 a0l
2o4, go, 273, 27o, 2IS, $50. 2S2, 2S3, 2S5.
SUPREME CoURr--GESERAL TERM.-Adjour ned until
July q, 1874
SUPREME CONFESSIONAL TERM -Hcd by Judge
Donohue. NOS 201, SOL 407, 337, 1896, 496 377 239,
22s, 364, 365, 440 So, IS, 547.
SUPREME CouRr-CRccir-Part Held by Judge
Barrett. -Case on, No 1851 Part 2-HeId by Judge
Potter.-Nos. 435S 33s, 22ss, 23S4 2406, $685. 1914
1850 240 24.s 1850 479S, $3.50, 207S. 326 l744 2l46
1894, 1852, 1882 1916 Part 3-HeId by Judge Van
Brunt-Casc on, No. 30G5. No day calendar.
SupkRoR CouRr-GRSERAL TERM Adjourned sine
die.
SUPERIOR CoURT--SpgcIAL TEam-neId by Judge
Sanford. No day calendar.
SUPERIOR CouRT--rRIAL TERM-Part Held by
Judge sedgwick--Nos 100, pa, 1929, $50, H. 1888
All Part 2--Iied by Judge Curtis. Nos. 9oS, 900,
l44 sos 7D01s 772, ll20, S07, ll6l 1892 1905 1223
1881 1890 Part 3-Held by Judge Freedman. Nos
54 34U 34l, 1888 1906 1884, 1896, I6s, ISL 49, 1854
1929 s6e 1906 30, 40, 3oO5s. 51s, 6O7 COS 1867,
lO4s, 1916, $40, 1867 1901 1878. 1854, 1919 1894,
1856 1890, 1900, 1901. 1902, 1908 1904, 1905 1906
1907, 1905 1909, 1910, 1871, 1912, 1913, 1914
die.
Hoosen. Mo dry calendar.
COMMON PLgAs-TRIAL TERM-Parts and AID
journcd for the term. Part 3--Hcld bv Judge n.
Daily Nos 1867, 1872, 1850, 1882 2O0i, 1892, l22i,
1929
MARINE CorRr--TRIAL TRRM--Part l--Adjourned
for tho term. Part 2-Hed by Judao Shcri-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
ATTACHING HIS PERSON.

Thomas +. Bynper brought suit agains. j. A. Won,
in the OF which he got out order TO have
him punished Tor contempt, in refusing 10 obey an
Tor his examination supplementary proceed
ngs. MIR. Won says that ne made a mistake IN the
day; that he had counsel, and went TO see tho
plaintiffs counsel about matter; that the Inter
offered 10 releve him from the II he would give
him $50 lie (yonI sand he would pay nearly
all the claim II tho plaintiff wound allow
him To nnish up little business, when oher
was accepted by the counsel he then went
away BUSINESS believing everything set
tied wpen he back an attachment
taken out against his person. he states ina, II
has served, but has been used by the deputy
snerin to extort money from ntn. The piaintii
attorney denies all these allegations aud put IN answer
Ing aiidavts, in winch he states the defendant Is
hard person serve with papers, anu lodges ABOUT 20
keep OF the way. The deputy sberih also makes
an aldavt which he denies that he mas attempted
10 extor any money from the defendant, Out that ne
adjourned the service for some time on the de'
ienJant'a promise 10 pny up Judge Van hoesen yes
.erday grantee application TO vacaie the attachment
payment by Tie deiendant OF the snerihs ices
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
DIsMIsSING CITY SUNS.

Patrick Mechan sued the city for $40 COO damages
sustained by the fall Of a plank during the OF
building pier No. /, North River. Upon concls on
pt tho plaintiffs Judge Van Brunt, in the Su.
preme Court dismissed the complaint en- the ground
that he had not shown neg gencc the part OF the
Defendants and that his injuries The result Of
The ncgg ence Of any at ALL the person fault
was iciiow-sorvant with the pianti. and the city
was lot liable. Mr. I. 9. Cronin appeared Tor tho
2laintn, aud Corporation Counsel William 9. Whitney
Colonel }. X. Fellows and Charles T. Miller Tor the
tty.
Tho suit OF James Dunphy against The Mayor &c,
was also tried yesterday morning before Judge Van
brunL The plaintiff appointed FIRST Deputy
Clerk OF the Board o. Supervisors Ia December 1871
the appointment to take effect January, 1872 He
the oath OF Office the 4tb Of January 1872 and TO.
manned the position Till May 1873. The salary
been fixed ut $4,000 per annum; paintin, however,
had received nothing during the time he held Office.
Judge Van Brunt dismissed the complaint for the
that appropriation had been made Tor the pur-
pose oil paying the salary Of dcpdty clerk, either
1872 1878, anu that therefore the Board OF super
vlsors lad power to the expense OF such a
salary. John II. 5trahan J. +. GraybiIl appeared
Tor the plaintiff, and Corporation Counsel WInam g.
whitney, d. j. Dean ana Charles T. Miller Tor the CITY,
Amos X Emo brought suit against the city to
the Tor regulating. grading, &C, seventy
seventh street. Two contracts have been made
performance of the WORK. Jeremiah ID. Moore, the
hrst contractor abandoned the work and under tho
erms OF his bond, attached 70 the contract became
,sble TO pay So 900 penalty for his default Upon a
former trial The complaint was dismissed The Court
of Appeals. however, held that tho palntln had u
pautaDie right to have the bond enforced against
Moore and his suretes, aud Tue proceeds applied TO
Inn sb tho assess ment, anu therefore ordered
irul Upon the new trial, before Judge Van Brunt IL
nuearod tba the bond VOID because the
Moore was Invalid ana thercnpou INC complaint
pcarcd Tor the plaintiff and Corporation Counsel VIII
sn, d Whitney and David J. Deem for tue city.
Theodore Weston VS. y"e hsvor &r.-Ih's ae
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
GENERAL SESSIONS-PART ]
3 Before Judge Sutherland.
ALLEGED HOMICIDE.

ALLEGED HOMICIDE
james Blake, OF No. go varick street, was arragned
at the bar by Assistant District Attorney Rollins
charged with the killing OF John Mcdonald II up.
pears that last New Years Day Blake. with three
friends, named Lewis Stanton, William Holland and
Charles King, made several visits OF social character
In the evening they met John Mcdonald and add-
tonal calls we're made IL was then proposed to visit
Kings house. Blake and Mcdonald, however, did not
CO. but remained standing the corner OF Varick and
Dominick streets. Shortly alter Richard Rourko
his knee and in the act oil rising when Blake drew a
rcvo.ver and dred ut him. Blake then ran away but
and bsequenty to the Chambers Street Hospital,
where he uied. The prisoner defended by Mcssrs
Spencer and MITCHELL who examined several witnesses
10 the previous good character OF the accused lilo
his own defence testified that Mcdonald struck him
and that he only used the pistol IN sedeience. The
further hearing Of the adjourned until
morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
SEQUEL TO A SPREE.

John Mccarthy, Brooklyn lsborer, was arraigned
at the Tombs Police Court Yesterday for gross ntox
cation and sent the City Prs for ten days. few
hours aiterward Brooklyn detective into court
and anxousy inquired Of the Judge II Mccarthy had
been before him. On receiving an Affirmative reply he
breath Of reet anu said that he wantcd'' him
Tor an assault with intent TO XIII, his victim being
Thomas Baney, OF Smith street. Brooklyn. Mccarthy,
10 appears, assaulted Baney few days ago with
club, and so seriously injured him that hts lie in
danger The assailant mincd atcy fled and succeeded
in keeping his whereabouts from the police until his
spree landed him IN the Tombs
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
FINE POINT OF LAW.

On the 5th day OF June Judge Van Hoesen granted
an attachment against the property Of Merritt Lane
favor OF Wallace T. PECK, and under tho attachment
the Sheriff levied certain OF money belonging
TO Lane in the hands OF Liebmann. subse
qucntly Mcssrs Hart l. Bamberger, attorneys for
Lane, moved TO set aside tho attachment and the levy
made Hereunder the ground that the Court OF
Common Pleas, being court OF limited jurisdiction,
could not issue the attachment before the personal
service OF the summons on defendant and that tho
affidavit on which the attachment had been granted
insufficient alleging that plaintiff had
menced action in that court. Yesterday Judge Van
Hoesen. IN brief OPINION, vacated and set aside tue
levy. with costs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
A wIFE'S SUPPORT.

The Kelly abandonment case, already noticed in tho
HERALD, was concluded before the Justice the Fifty
seventh Street Court yesterday. Mira Kelly swore
that she in actual want and was sick; that her
husband had not supported her the LIST OF last
January in spite OF many demands on her part that
he in the employ OF Richard Morgan, OF the Nor
gan Steamship Company, and received Sl75 monthly
salary and left hor TO attend upon his sick sis
ter and had not since returned. Mr.. Kelly testified
that he lett is wife to live with his sister and mother.
both in want; that his wife and her children by an
other husband were abusive ana that he mad offered
to support her, but she had demanded halt OF his
monthly salary. The Justice said he would have TO
compel Mr. Kelly to pay his wife Sl5 week.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
GENERAL sEsSIoNS-PARr 2.
Before Judge Gildcrslecve.
FOIGERS OvERuAULED.

FORGERS ovERHAULED.
On the 4th inst. lad named William Reilly handed
Mr. A. d. Baker, OF No. lU2 East Tweniy.tLrd street.
order for fifty yards OF silk purporod signed
by j. Clark OF No rs Grand street, Jersey City. The
signature discovered to be forgery and the boy
was detained From Information obtained from him.
Frederick schneider, OF No. III Hester street. and
Joseph smith, oil Jersey City, were arrested On beng
arralgneJ yesterday by Assistant District Attorney
Russell the prisoners pleaded gulty Smith was sent
the State Prison Tor three years and SIX months
and Schneider TO the INSTITUTION Tor the term OF
two years.
James Clark tried and convicted OF receiving
stolen goods burglars having entered the premises
Martin Murray, oil No. u Jones street, and stolen
property valued AT $40. Tho prisoner was remandcd
Tor sentence
RoBDING A POLICE OFFICER.
While Officer Andrew Smith, oil the Twentieth pre-
circt, sleeping at his home, No. $50 West Thirty
seventh street, thief entered his apar stole
his gold watch and chain IRON his trousers pocket
On awakening the Ger missed his watch and being
informed by young lad IN the house that he had
coachman named Peter Cavanagn. coming out OF his
room on the morning the property was stolen the
latter was arrested. counsellor Stncr called several
Witnesses Tor tho purpose oil establishing an abb. The
jury beng unable 70 agree, were discharged.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
MARRIED.

CARLEroy-CoSwAY.- On June 90 at 103 Leo av, by
Rev. Father Fegan, GEORGE A. CARLETON to CHAR
Lolita, daughter OF Andrew Conway, Esq, all OF
Brooklyn.
CorruRK-HAM-On Monday. Juno 25 1877, by tho
Rev. Dr. Burchard, ANTHONY +. COUTURE Jr., to Miss
MAMIE II. Ham, both OF New York
Hudson papers please copy
Professionalism SUNDAY, juno "a by the Rev. X.
A. DAWSON. j. D. FROST Jr OF Westchestcr, N Y, to
AMELIA b., youngest daughter OF the late Henry A.
Calm, oil Carmel Putnam county, N Y
HARRIsoS-BRiSLEy.-At the residence OF the brides
parents. June 20 by Rev john Parker, WILLIAM HENRY
HARRISON, Jr, to ADELAIDE L. BRINLEY, all OF Brook
yn, T.. ID.
WEEKs--ELIIyGHAN-On Wednesday evening, June
90 at ST. Johns Church North Adams, Mass. by tho
Rev. Thomas Burgess, l.. s. WEEKS, OF Brooklyn, 10
vADorE daughter OF Robert Elingham, Esq, OF North
Adams. No cards.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
ALLEGED PERJURY.

Morris Roberts, Jr, or No lis West Forty fourth
street. arragncd in the Fiy seventh Street Court
yesterday on . charge Of perjury. The complainant
was Henry n. Lowcnstc.n Who in his aIidavit, states
that while u witness in In the Supreme Court
the 22d OF March, 1885, the prisoner falsely
before q. N Campbell that payments OF money
made under lease OF the premises No 375 West
Thirty.seco street, amounting TO Sss2 20, when
reality they amounted TO 81 2S4 81 Mr. Roberts was
bailcd In 81, 900 10 appear for examination.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26

ton was brought 10 restrain the city from executing
and delivering certificate OF sale OF the plaintns
property for assessment upon the ground OF irreg
uares IN tue proceedings relative thereto The conf
plant was dismissed, because the sole remedy OF tho
plaintiff in such case is by petition TO vacae the as
sessment.
Annie Connors. administratrix, Walter W.
Adams, Superintendent oil Buildings.-Ihis plaintin
sought 200 the death OF her hu band
who was killed by the falling OF the walls Of
James NJ. shaw's storchouse upon 81 Andrew 5
Church IN Duane street She first sued tho
city. ana upon the dismissal Of her complaint
In that action brought SUIT against MT. Adams,
claiming that the accident attributable 10 his neg
gcnce. In this action also the complaint was dismissed
upon the ground that the powers oil the superintend
OF Buildings discretionary, and that no respon-
sibility attaches to MIN Tor action taken bona hde
James K Lyddy attorney for the plaintin, and Cor
poration Counsel William q. Whitney aud D. J. Dean
Tor the city
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
WEEDS OF CRIME.

Onicer Regan, OF the Seventh precinct yesterday
morning arrested a boy named Joseph Hart, with
1000 cigars hts possession As Hart could not give
satisfactory account OF where he procured the cigars
the officer took him before Judge Murray, at Essex
Market Court. Hart was remanded TIL the afternoon
and In the meantime Officer Regain discovered that j.
Joaquin Polo No. 4s Broad street had GOO cigars
valued At $500, stolen from his place the 2lst OF
June The cigars found with young Hart were idenii.
fed by him as part OF tho stolen property. Judge
Murray held officer Rcgans prisoner IN 900 bail TO
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
SLATE MORTGAGE AND I'M UNC-
TION

Jacob l.. shiphcrd and his partner, crockcnn, were
Interested slate quarry and yards situated at Allen
tow N, Pa yielding an income, It Is claimed, oil from
s75 600 10 $50 600 year, and on which there was
mortgage Tor a large sum. Crockcln got control Of
this mortgage and now threatens to have u iore-
closed and by that means sell out all OF the painth
,,ghts ON nnurcatlon on behalf OF plaintiff, made 10
Judge Donohuo by ar. JuIIus J. Lyons TEMPORARY
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
COMMENCING YOUNG.

Mr.. William G. Knapp, OF No 203 Eighth avenue
scnt his errand boy, Benjamin Moore to the bank
the LIST OF Juno with $3.50 to deposit Benjamin did
not deposit the money nor did he return TO his en-
ployer. Ne was arrested yesterday by Officer Doyle,
the sixteenth precinct aud was committed by Judge
Wandcll In dciault OF 81. 900 bail 10 answer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
A SIXTY DOLLAR SLEEP.

Edward Mullen, residing al No. I. $50 Fulton street
Brooklyn while sleeping in the saloon OF j. X Allen
on tho Hunteray road last Saturday night, had his
pocket picked OF about $50 Suspicion falling upon
three negroes they arrested.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26

Injunction was granted restraining the defendant nom
passing the mortgage over 10 innocent holder and
from foreclosIng the same Accompan wing this Ia
JUNCTION order 10 defendant 10 show be-
lore the Court on The 18th INST why u should not be
made permanent
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
CORNELIUS JEREMIAH's MILLIONS.

The fact has already appeared in the HERALD that
Cornelius Jeremiah Vanderbilt son OF the late Com
modore Vanderbilt, has brought suit against his
brother, William H., TO 81, 5000 as nag also
the allegations OF the complainant in tho In
this complaint tie plaintiff alleges only the agree
ment between himself aud his brother, on which he
bases his suit for ST. 600 900, but similar agree
his two SISTERS These two latter allega-
COUNSEL Tor defendant claims To be rcaund
ant, and that ground he moved before judge Dono
hue, IN supreme Court Chambers, yesterday, to have
them stricken from the complaint This molon
opposed on the ground allegations objected 10
part OF the history OF the agreement which
tile brought Alter somewhat dry and
technical argument tho question oi practice
voivcd Judge ponohue took the papers, reserving
HE
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
MARRIAGES AND DEATHS.
ENGAGED.

SmoS--wnIrE. engagement OF Miss POLLY
WHITE 20 Mr. ISAAC SIMON took place Sunday, juno "a
oil l27 West Gath -.
NEUTRALITY-SUSPICIOUS. Mr.. SAMUEL TRAuM, OF
Brooklyn. TO Mss CARRIE GUsDEsnEiMRR, OF this city
No cards
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
LAWYER BoTTY's CONTEMPT.

Pursuant to previous adjournment the proceed
in relation to Lawyer Frederick A. Botty's contempt
for Judge John A. D,nkci OF tho Fourth District
Court, continued before Judge Donohue, in su-
preme Court, Chambers, yesterday. The alleged
tempt was committed In the Seventh District Court,
where Judge Dlnkel was temporarily holding Tor
Judge Pinckney Judge Dnkel alleges tho occasion
for committing the counsel 10 prison for contempt,
gross acts of dsobedience and d,srespec by the Inter
Tor Judicial authority while engaged the trial OF
cause before MIN (DnkeI, while Counsellor Botty as
that all he did to persist in objocng to the
Judge giving judgment against his (Botty's) cent
s25 when the testimony fixed the Indebtedness at only
ga The additional dollar, the counsel claims, was
added only for the purpose OF giving the plaintiff the
right examine the defendant under tho statute
allna TO supplementary proceedings. Tue case came
up on an adjourned hearing on writ OF ha-
beas corpus sued out Botty's behalf by his counsel
Mr. Wlnam H. kintzng The grounus oil Mr. kiut-
zings objections TO the regularity OF the commit
ment previously presented the Court have al
ready al pearcd the HERALD Yesterday he submitted
the additional objection that the comnlitmeut did
show airmat!vely that the petitioner tBctty) had
reasonable time 10 make his defence did u appear,
what anything, said by Boty IN answer TO the
order requiring MN TO show why he should not
be punished Tor criminal contempt OF Court. When
the matter was reached Tor ahearins the court room
looked |. all the district courts In the city bad
emptcd their officials INTO It. Mr. botty WAS repre-
sented by Mr.. kintzng on his motion To be dis
charged. while ex.Judge Joachmscn and Mr.. Chris
topher Fine appeared prepared fasten his chains
tigAter Judge Donohue called the attention OF the
latter gentlemen alleged oil the Judge
having styled himself Judge OF the Fourth Distr
Court, thus leaving u IN doubt as To whether he was
IuIy authorized TO mold court Tor Judge Pinckncy
not On this point II was argued by Mr.. Fine that
Judge Donolue bound to assume that Judge
Dnkel holding in conformity Win tue
statute, and II 1t was Otherwise IL vas for the counsel
Tor Mr. Botty to show that airmatvely Alter hear
Ing Mr.. kimzng, IN opposition to this point Judge
ronohue reserved his decision, allowing MI Botty to
continue IN the custody OF his counsel
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26

dan.-Nos. 6627 Gi4o 6247, G272 9I27, 1852,
6570 6s4o. 734, 5o05 $685., $685., 1888, 1925. Part
3-Held by Judge sipno.-Nos ISL. 1860, 6299, G22,
Ads9 2ss1 $685. 446l 72i4. 64o2. 63e7 $685. 45 4i!I
COURT GENERAL SEssIoxs-Part 2-Heid by
Judge GildersIeeve. People Charles I. Clark
and Charles Wingarson, robbery; Same VS.. Thomas
Deany, robbery; Same Began Lawrence, robbery;
Same vs.. Thomas Gilbert, feonious assault and bat.
terry: Same John Ehrhardt felonious assault and
and battery; Same VS.. Francis j. Scanon, burglary;
Same va Jacob Heardt. burglary Same va John Ii.
Simmons and John Jackson, burglary; Same
William Burnett grand larceny; Same vs.. Herbert NJ.
Lavel. grand larceny; Same vs. Mary Kelly grand
larceny; Same vs. Charles Hansen, grand larceny;
Same vs.. James Burns, larceny from the person;
Same CHRISTOPHER Coye, larceny from the person;
Same William Sanders, larceny from the person;
Same Mary Kelly, petit larceny. Part Held by
Judge Sutherland.-R O'Keefe, homicide;
Same vs.. Joseph BaIlaiel. homicide; Same vs. John
Cullen. burglary Same Patrick Lawlor, burglary;
Same vs. John Gibson grand larceny Same vs. Frank
O'Brien. grand larceny; Same vs.. Margaret Smith,
grand larceny,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
BooDY's POOL SUIT DISMISSED.

BOODY'S POOL SUIT DISMISSED.
Judge Sedgwick, OF the Superior Court yesterday
rendered a decision in the old suit OF Body against
Ogden and others, in which he aismisses the COM
plain IL will be remembered that Mr.. Samuel j.
Tden, who was OF the defendants in the action,
nerposed the Of limitation u defence. and
the complaint agains. him dismissed during
the progress the trial. The suit the ull particulars
OF which have already been fully published in the
HERALD brought by Mr. Body to recover from the
defendants an alleged balance Claimed 10 he due on
certain stock pool operation Chicago aud Northwest
ern and Gacna stocks some hirteen years ago.
Judge Scdgwick, in his opinion, discusses
al length The circumstances OF the formation
and dissolution OF the pool and the right OF the plain
under the various ayr, emcnts, all OF which Is
interesting the public ana therefore unnecessary 10
repeat. He says In conclesion :-"There arb many
pieces Of testimony which support the conclusion
come matter OF TACT That IN August, 1864, q
division OF the profit, was made with the knowledge
that it exact division, and that both parties
acted what were then understood should be final
settlement, meaning 10 release any further claims
each other; 80 that lhare having been mistake OF
fact. they are mutually eslopped IRON claiming new
DIVISION Judgment should be entered that the COM
b0