davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-11-02
YORK HERALD FRIDAY NOVEMBER 2 ls77-TRPLE SHEET

sylvania Railroad Company, to recover the value
Of ten aud half chests OF destroyed tho Pitts
burg not came before Judge Honohus yesterday on
motion to dismiss the complaint lor want OF juris iic-
tion The Court took the papers.
After hearing an argument yesterday, on motion
to vacatc order OF arrest against Marx Cohen it
the affidavit OF Morris Isaaca Judge Donohue vacated
the order and directed the OF Isaacs be SUBJ
question OF hts liability TO answer the charge of per-
Ann T. Parent has brought suit for divorce agans.
George w. Parent ON the ground OF adultery In her
complaint she states that they were married in this
city in 1857 She charges that the defendant CON-
mittcd adultery with one Kate Alice Cook Judge
Donohue yesterday appointed Hugh Donneliy referee
TO investigate the facts
suit ior limited DIVORCE on tho ground Of alleged
cruel and inhuman treatment, has been brought by
Ida Wolff against her husband Harry WolG. Tue par
ties were married AZ Humboldt Hall In April, 1861,
aud she charges that tho deienuant Is habitualiy
drunk, has pawned her property aud has threatened
her lie. Judge Donohue Yesterday confirmed the
port OF the referee in her favor.
The late James Kelly, among his bequests, left a
legacy to the trustees oil the "Fre Department Fund
no ot this name but the nearest
TO IL arc the "Ex-Fremen's Benevolent Fund OF tho
City OF Now York" AMI "rrustees Of the New York
porations have applied for tho legacy. With view to
proper construction OF the Will application made
yesterday 10 Judge Donohue by Mr.. Kelly executors
TO have the last TWO mentioned corporations made
party defendants In the SUIT IN connection With other
benevolent societies mentioned as legatees IN the Will
Tho application was granted.
Carl Lesser was taken yesterday before Judge
Brady upon writ OF habeus corpus obtained by Mr.
William Y. Kin,znp his counsel Judge Brady granted
o stay OF proceedings III the case Mr. Knitting i'm
modiatey applied TO Judge Donohue Tor writ OF error.
winch was granted, commanding the Court OF General
Sessions TO certify all the proceedings In tho Tor
rcviewal by the General Term.
Judge Lawrence yesterday, In the case OF Sergeant
Millers application tor back pay gave his decision
refusing to quash the returns OF the Police Commis-
sioners and TO enter judgment in tho OF
ten days also granted by the same in the matter
OF the will oil James Foster, Jr TO enable the cxecu-
trix procure requisite security appeal to tho
General Term In The matter OF the suit brought by
Frances Wolfe against Aisernon s. Sullivan, public
administrator OF goods OF the lata Jonn Roberts,
Judge Lawrence yesterday decided that tho judgment
roll against the corporation was not admissible In
evidence, thus adhering to his previous opinion.
The New York herald., 1877-11-02
Suits Against Alleged Silk Smugglers
Brought to Trial.
REFEREES GODDLING UP AN ESTATE.
ContestIng an Arbitrator's Award and
Arbitration Expenses.
TEMPTATIONS OF LETTER CARRIERS.

Abcginning was made yesterday In tho trial OF par
sies charged WITH conspiracy tho silk juggling
Hauds In the criminal branch OF the United States
CHcut Court before Judge Benedict Afidavits
presented by the counsel for the defendants behalf
OF Alvin Graf and Thomas s. Ovens ex-Judge Dit
tenhoeer appearing for Graf and NJ. Laner Tor Ovens
Tne amdavits stated that there several
witnesses for the defence who had expressed their
Willingness " testify that tho defendants
any way connected with the Conspiracy and also as
10 the details OF the shipment Of silks In question
After long discussion the counsel for tho doiend-
ants accepted an admission from District Attorney
Foster and said that they would then proceed trial.
This admission was that the parties named in the al-
davt presented on behalf OF Owens would, II present.
testify that about tho middle OF june 1875, two
packages marked "damond Cn were placed on
board the steamer Queen Liverpool in the regular
course OF shipment, and entered on the ships mani
lest and tnat Walter Barwise, named the affidavit
es forwarding agent received from the ship bills of
persons named In the affidavit, Bannon and Dillon,
would testify that the contents OF such Two packages
woss sixteen pieces OF silk IN tho p,sco ana the
70 Sonsroyert sucn proposed testimony, ALVIN
Gra GroM. ra Thomas Tno. Owens Edgar An
and pleaded not guilty. Next In order was getting
jury, which took some time. Each juror ques-
toned by counsel for the defence their having
formed An impression opinion OF the guilt oil the
accused. Nearly uli answered that they read the
oHc JuEoI tehu INC iIucS VI Juo
only and SAID that he derived very idea OF
tho news OF tho day BY that practice. Mr.. Lent who
was another HERALD reader, added, ~ am sorry to
say that occasionally take up the Sun" Mono Of
them had read recent editorial IN the HERALD
which said, AT last the silk smugglers to be
tried" The principal question asked by the District
Attorney was whether the juror was member Of
league or association having tor Its object
tho adoption OF q national policy OF Tree
trade. All replied that they were not At
quarter 10 four jury was obtained as iollows-
Elkor Waltzelden, Jr., merchant No. Maiden lane;
solomon Il. Umann glass; No. lyo Duane street james
q. Corln, pockelbooKs. No 53 FranIlm street:
Charles X. Huntingdon real estate, No. Pine street
Arnold H. Ellis, clothing, No. "a Llspenard street,
street; Abraham Lont, clotner. No. 1853 Broadway;
William H. Coldwlil photographed, No. 10 Morton
street; Simon J. Barkey, 1our, No. 255 Second
street; Robert L. Darrash, builder No $50 Broad
way; James Frazer, hides, No. 92 Chn street; Abra-
nam y Van Winkle, paper, No lS6 William street.
Tho jr.y having bcen Obtained tho Court adjourned
nntil this morning, when the trial Will begin. 1t
promises to occupy several days.
The New York herald., 1877-11-02
CORNER GROCERIES AS RUM SHOPS.

To THE EDITOR HERALD:-
II Is u singular fact that temperance advocates and
lecturers AS we'll as the have failed to touch
upon one oil the most garlng and demoralizng evils
existing In our city. | refer to rum-scllng retail
grocery stores. Their number Is legion. great ado
made about desecratng the Sabbath by the public
sale Of liquor, and yet thousands OF these places
open every Sabbath morning, and many OF them
throughout the day, dispensing Intoxicating bevcr-
ages TO whomsoevcr applies. Their patrons are
not only the poor of botn sexes, but they
include the respectable appearing hypocrltc,
who processes 10 abhor the very idea OF entering
public house. In the oil decency, II nothing
more let us have some legislative movement to sever
the two branches OF business ana prevent u retail
grocer from receiving retail liquor license. Again,
would 1t not rebound to the credit OF the proh!blon
list TO urge the founding OF temperance storesY
The New York herald., 1877-11-02
THE UNIVERSITY PLACE CARS,

To EDITOR HEgALD:-
Wednesday was caught In the same trap which
has been snapped upon mo several times by tho
Seventh Avenue and University Place cars Wishing
to SO to Barclay street got upon Of Tho above
cars, and after paying my fare occurred to that
It might be u Broome street again. l asked the
conductor IL lie Barclay street. ana he replied,
s'Broome street. SAID wished 10 Barclay street
..Can you not g;ve mo a lransfer2n No., was his
answer. .You should have seen what you
getting on" Now. as they do not stop or male pas
sengers. IL is as much TO his neck
IN getting on. Should one stop long enough to SEQ
what 1t then undertake to step on. he
might nnd his loot planted In the mud feet
to the rear tho car. rode 10 Broomo street and
then took another line, they did not get the extra
five cents iron me. 1 ride this line morning and
evening ana several times during the day. but here
after and until this robbery ended shall ride
another limo or foot IL. VICTIM.
The New York herald., 1877-11-02
NOT DOWN IN THE BILLS.

Mr.. James c. scholcld ana Edward II. Warker, tho
two gentlemen connected with tho agcment OF tho
Eagle Theatre who quarrclcd in the vcstbulo OF tho
above ostab shmont Monday night last and ex-
changed blows before Judge Morgan in the Joicr-
son Market Cour, yesterday morning, Scholed having
been arrested by Oniccr Mcsay, oil the court squad
Oh Wednesday night, and locked up In Police Head
quarters on "A warrant sued out by Warkcr. The
trate on reviewing the evidence, however could not
definitely which prisoner had struck tho first
blow anu therefore discharged both, rst admonishing
them, however, to govern their tcmpors better in
future, aud the same time warning Schoned not 10
interfere with Warker again.
The New York herald., 1877-11-02
AIMEE'S TRUNKS.

Various members OF Mile. Aimees opcratic troupe
on their arrival hcre sent their trunks to the
House. Mile. Aimee was held accountable for pay
ment OF tho freight, and to insure its payment Tho
trunks were attached, sho having refused at Grst
pay the freight II Is stated that she subsequently
gave the money to the Marshal in liquidation OF tho
claim that lawyer got possession Of the funds and
Instead OF paying the hotel proprietor held hom
claiming that the latter was indebted to him for
than that amount for professional services motion
was made before Judge Donohuc, In Supreme Court.
Chambers, yesterday, to compel the lawyer To pay
over the money Judge Donohuo took tho papers, 70.
serving his decision.
The New York herald., 1877-11-02
DERELICT LETTER CARRIER.

Edward Murtagh, collector Of letters from the
street Post Onice boxes, and Francis J. Cook
taken before United States Commissioner Shields
yesterday, charged with stealing letters. For
time past letters have been missed that mailed
In boxes In the district bounded Canal and Broo
streets The defendant, Mnrtagn, was employed to
collect in that distrc, and recently dccoy letters had
and from the box at Barclay street College place
the prisoner took NUMBER OF letters among which
OF those mailed by Sharratt Murtagh was then
arrested and the decoy letter ound In his possession.
Ho confessed his guilt aud gave the namo OF his
compiice Cook, who was also apprenended Moro than
q hundred letters were found at their residences
Brooklyn that had been stolen from tho boxca Both
held TO await tho action oil the Grand Jury In do
fault oil 81. 600 bail
The New York herald., 1877-11-02
SUIT FOR LIBEL.

An action has been commenced In the Supreme
Court by George Rcnhardt, proprietor OF the Albion
. saloon In Fifteenth street, near Broadway, for dam
ages against Richard X Fox publisher OF the aalroad
Police Gazette IL alleged the complaint that an
article appeared in tho paper which calculated 10
reflect upon the character or the saloon ana its In.
mates. Damages are laid at $25, 900. Franklin Ben,
counsel TOR Mr.. Rcinbardt upon aifdavts presented
obtancd from Judge Donohue order OF arrest
against Mr. Fox, tho ball being fixed ut So 900. Tho
Sheriff made tho arrest, and bail promptly fur
n,shed. Messrs Kiutzng Mott, counsel for tho Ga
se.t are preparing the necessary papers upon wncn
motSop viii DO mauo vacate the ordsr oi arrest
The New York herald., 1877-11-02
A MURDEROUS DARKY.

Washington Brokenbury, OF No 103 Greene street.
and Alfred winder, both colored gom'men, who do not
bear the best OF feelings toward each other met in
South Fifth avenue Wednesday night, aud, aftor
slight war OF words, camc to blows During tho struu.
Clio Wiuder drew razor from his pantaoons' pocket
and sas he'd Brokcnbury across the loft side, nctpg
a deep wound from which the blood flowed profusely
Windcr was arrested by officer Murphy, OF the Eighth
precinct, and committed by Judge Morgan yesterday
IN 81, 900 bail TO answer
The New York herald., 1877-11-02
JOHN KELLY In LIMBO.

Special Officer Murphy, Of the Eighth precinct
while passing through Broome street, between seven
and eight O'clock "Wednesday evening, saw u man on
the opposite side OF tho way, In front OF No. asa d
gently at work trying to pry open q showcase In
which wore quantity oil valuable iurs, the property
OF William &. Fleming The officer quietly stepped
across the street and, before the Industrious gontlo
aware OF II, no was IN the clutches vi the
law. Hc gave MS name as john Kelly. and on being
afraigned before Judge Morgan yesterday, was CON-
milted 600 ball ~ answer " General SssslonA
The New York herald., 1877-11-02
MIR. BERGH ENCOURAGED,

Solomon L. Cohen, Of No. 123 William street,
charged yesterday, in tho Court Of Special Sessions
that William Eddie, truckman working for Higgins
soap factory, tho 2lst OF September overloaded
horse with 1000 pounds Of soda ash The accused
threw tho blame on his employer, and found
guilty, being fined $50 Justice Wheeler re mar kcd
tho time that II the mans Employer would pay
the fine Mr.. Bcrgh should have HIN arrested. Mr..
Bergh, who had frequently complained Of the overload
ing OF tho horses driven Tor this factory, was much
elated tho result of the MIR. Higgins paid the
Hnn
The New York herald., 1877-11-02
ANSWERS.
'sTHE CIRCULAR NUISANCE. !"

To THE EDITOR OF THE HEHALD-
On roading the complaint headed by the above title
one struck by the evident OF feeling and disro-
spect displayed by &c. NJ" toward honest people,
through 'hard times" obliged to resort to tho
manner Of advertising or making known their busl-
ness annoying TO &C. M II is no doubt liresome
70 Tho donestcs to to tho door often, but
can easily smooth that over Dy remembering
that II 10 often through sheer necessity tnat "can-
vassers, tcachcrs," &c. obliged TO advertise tho-
selves us mentioned In tho complaint. II Is To 10
hopd that &C. NJ" Will not De wanting true charity
toward tnoso seeking livelihood Wy no moans pleas
ant .CHARlTY.b
The New York herald., 1877-11-02
THE VAGRANT LAW.

on Saturday last officer Chard, Of the Society for
the Prevention OF Cruelty to Children noticed little
Italian boy, eleven years Of age, playing heavy hand
organ IN Broomo street whilo his father, Micnae,
Glanda, was collecting pennies from passers by Tho
ollcer arrested the LATTER and yesterday the Court
OF special Sessions, he pleaded guilty OF being men,
dicant nncd $50, the lowest penalty under tho
law Justice Wheeler remarked that ho had no SYM
pathy with the law as applied TO such cases, ana
iavor OF dischargng tho prisoner had no pleaded
The New York herald., 1877-11-02
SALE OF DOCK PROPERTY.

Auctionecr Kennedy, by order OF the Department
Of Docks at the Real Estate Exchange yesterday sold
tho steam tug Alert thirty-nin tons, to W. g. Bar.
rctt for $780, and the deck scow Two Sisters 70 feet
length by "a feet breadth, TO Thomas McLaugh-
lin, Tor $3.50. A dredging machine was offered al the
upset price oil 000 but no bid above that amount
was offered the sae postponed until November TO-
The New York herald., 1877-11-02
SUMMARY OF LAW CASES.

Judge Donohue, OF tho Supreme Court, granted an
order yesterday dlscharging from his trust Vernon
II. Brown, receiver Of the American Diamond Drll
Company
A motion was argued yesterday before Judge Dono-
hue to open streets through ground selected for the
military parade ground, Corporation Attorney Whit
ney insisting that property owners had right to
make such motion until after tho confirmation tho
report OF the Commissioners Judge Donohue rcsorvod
his decision.
rha anti of MIRA Hattie r POckerb against the Penn.
The New York herald., 1877-11-02
4 SCHOHARIE MAN IN TROUBLE.

In the FIity-scventh street Court yesterday Sill
venus Snyder Of scnohario county, N. Y, describing
himself as .'pcdler, school teacher and ncwspa-
per WRITER" was charged by George simmons, Of
Hobart, Delaware county, N. Y, with having the
2Th oil October stolen horse, buggy, set OF harness
and wolf Of the vaiuo OF 500, the properly Of
complainant, and with having sold them IN this city
on tho 30tb ut Tho prisoner pleaded guilty. Ho was
held In 81, 500
The New York herald., 1877-11-02
DECISIONS.
SUPREME coURT-cHAMBERs.
Rv Judpe Douohue.


Heatherton va Heatherton-While do not think
the legal status Of the motion Is changed by these
aindavits think tho plaintiffs statements as To tho
defendant living in open adultery with the party
charged Is shown to be gross and wanon acquisition
given on information OF party whose affidavit Is not
produced and apparently Tor no purpose but 10 throw
odium his adversary.
Wolf Vs. Wolf; Crimmns VS.. Crimmns; Epp vs..
FRANKIE Granted.
Phair VS. The Mayor, &c. Globe Printing Company
vs. Tho Mayor, &c.-Motion denied.
In the matter OF tho petition OF Cahill Motion
granted far amount still due Is Affected. Men,
orandum.
BY Judge Lawrence.
Matter OF the last will, &C., oil Forster, Jr.-Mem-
orandum tor counsel on settlement oil order
DE Lavalett VS.. Wenat-Mem0randun.
Kaiscr va Kaser.-Motion for judgment denied.
The People ex rel Miller VS. Smith and others, &c
Motion to quash tho return and Tor judgment that
peremptory writ issue denied Opinion.
Wolfe Vs. Sullivan, &c.-Moton to confirm the
port Of tho referee denied for the stated in
the within. Opinion.
SUPREME CoURT-CIRCUIT-PART 2.
BY Judge Van Brunt
Cortelyou VS.. Murlock.-Nemorandum-
SUPREME CoURT-sPEcIAL TERM.
BY Judge Lawrence
The Roosevelt Hospital, &c, vs. Tho Mayor. &c.
iii JOLT vs. Lacombo.-caso and amendments settled
and ordered to BIO filed.
COMMON PLEAS ESPECIAL TERM.
BY Judge Robinson.
Wyncn VS.. scnapperL-Motion TO amend notice Of
appeal granted.
Thorn vs. Dorland.-Decree signed.
In the matter OF Freisenhemer; In the matter Of
MilleE-Order TO advertise granted.
Mcfarland and others vs.. Smith and others.-Mo-
tion 10 leave and amend complaint granted.
In the matter o Yeagcr.-Bond ordered in the PEN
atty Of Sl2, ,oO0
In the matter OF wood.-Ordor confirming report
and directing distribution.
In the matter OF fArcner.-Application granted
In the matter OF Wolf and rs-Bond approved.
In The matter OF Herz-Reierence ordered.
MARINE CoURr-CHAMBERS.
By Judge McAdam.
Leahy vs. Dongan; Carris vs. Rhenhardt; Duffy va
Knapp; Livingston vs. Carter; Hartwig vs. Ritt-
SiegeI VS.. Mylus-Motion denied; no COSTS
Valentine Vs. Holborow; Jessup VS.. Betts.-Pro-
ccedngs dismissed.
Cohen Lidminowski-Motion to vacate arrest
denied, but speedy trial ordered
Scheyer VS.. shannon; Pryor vs. Flood; Denison va
Scoteld.-Judgments.
0'Connor w. Flanagan; Hammill va. Cromie; Marks
w. Tho Property Clcrk.-Compaint dismissed.
Sevln vs. RusselL-Motions denied
Ebcrs vs. Schumaker-Judgmcnt demurrer.
Doying VS.. Falk.-Default opened
Rosenwcig We. Goldstein.-Arrest vacated
Sverman vs. Cohcn-Deiault opened and motion
denied.
Otterson vs.. Otterson.-J v. House appointed re-
ceivcr.
Bartn VS.. Kelly.-Motion denied
King vs. NcaL--Record amended.
Glassford vs. Lynch.-Judgmcnt vacated.
Young Burke; Burtis Duffy; Brandt Va
Lane; Garnor VS. Observation-Disclosures.
The New York herald., 1877-11-02
OUR COMPLAINT BOOK.

fNorE-Leters intended for this column must bs
accompanied by tho writer's full name and address TO
insure attention. Complainauts who unwilling to-
comply with this rule SIMPLY waste time in writing.
Write on only one side OF tho paper E-ED HgaALD.l
The New York herald., 1877-11-02
wATERLEss FOUNTAINS.

To THE EDIToR OF THE HERALD
What Is The the water is not allowed to run
at the drinking fountains, and why not the cups
left on? Many OF them somo of tho most public
streets are deficient this respect thereby incon.
veniencing the public. Y.
The New York herald., 1877-11-02
DIssELL. wELLEs & MILLET. AUcTloNEERS. .
- THIS DAY friday November 2. at 1OIz A. NJ,
ut our salesroom. No. Is Murray ST,

Large and full assortment of French Timed and Enam
elled Ware oOD dozen Focketkniyes three and
four blades 20 dozen Axes coils Manila Rope 70 dozen
Shovcs and Spades ~ dozen Washboards. Pals, Tubs
brass Pals, 20 dozen wood Grain Scoops &c, kc
also invoice of Single and Double Guns At o'clock,
by order OF the Assignee = pieces uphoserers rlush
(NHAS. T. LEVINESS, AUCrIONEna, SELLS THIS
Oday 1u o'clock, stock and Fixtures Of large Tea and
Gracery store 53s East ith st. near av vx-Chests
Tea Soaps Starch Coffee Sugars. Flour Oat Meal Rice,
Tapioca. Barley Canned Fruits. Prunes Spices OILS Mus
tards imported Goods, Candies Mackerel Dried Fruits,
Bonns. and large stock snndires; very hne lcebox.
elegant Counter shelving. large Grocers' Showcase,
Platio m and Counter scaes Tea, Peder's Wagon and
Wagon good Horse &c Sale positively in lots.
EDWARD sCHENCK, ACKNOWLEDGEMENTS.
Iton sale OF elegant decorated French China DINNER
SETS, TEA SETS. DESSERT AND TOILET sEls: rich
engraved tai Table glassware English and Italian
Maolica Vases jugs Flower Pots &c hua Dresden and
Worcester Porcelain TETE-A-TETES sTATUErTES, CAS-.
KETS &c black marble Clocks Bohemian Bureau Sets
and Articles for ktaere. All goods just arrived and guar.
perfect in 10 be sold at auction NJ
NO. 10 MAIDEN LANE. on THURSDAY and FRIDAY.
November and 2.
BY REQUEST the saIe will commence each day
AT 3 O'CLOCK
Goods exhibition Monday aud Tuesday.
Goods going of the city will be packed carefully
The New York herald., 1877-11-02
FATAL SECURITY.

To THE EDITOR or hERALD:-
What about the Security Savings Bank, Thirty
fourth street and Third avenuef Has the receiver
gone to slecpf Although he realized on the
bank properly and securities the depositors have
got but little out Of the concern as yet.
A nEPQSITQR.
The New York herald., 1877-11-02
ELECTION REGISTERS MANDAMUSED.

There quito an extended argument yesterday
before Judge Dononue upon application for man
damus against tho registers OF the Twenty hrst Ecc-
ton district OF tho Twenty -hrst Assembly district TO
compel thcm to rogster Ira Devoc Tho facts OF the
have already been publ ished. IL was claimed
that Devoe, after presenting himself Tor registratlon
was unable 10 answer the ana questions put TO him
on account OF being afflicted with the St Vtus dance,
and that although his tather offered 10 answer the
questions Tor hun he was rot allowed TO do so. Tho
answer was that tho applicant must answer all tho
questions himScf which uid not; that the iaihor
attempted an unwarrantabie Interference, and that
from all the iacts IL clear IN the minds OF tho
registers that Devoo was an imbccie and disqualified
TO vote. Judge Donohue took tho papers, rcscrving
his docision.
The New York herald., 1877-11-02
INDEcENcY IN CENTRAL PARK.

TO THE EDITOR THE HERALD
VIII you please allow ask why the authorities
Of tho Central Park do not keep policemen stationed in
or the bridge the small pond? Many OF the
college pupils 30 that way, and whe wc were passing
several ago stood the indecently
posing nimsol. Do you think this IL rightly ID. y.
The New York herald., 1877-11-02
A CHANCE FOR MR.. BERGH.

To THE EDITOR OF THE HERALD
Why not the owners OF donkeys in Central Park
compelled TO drive them slowlyf Last Sunday saw
donkeys abreast charging down the wded walk
a. iu speed, their drivers beating them unmerciiuy