davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-10-03
SUMMARY OF LAW CASES.

The suit brought by RUFUS f. story against the New
York Elevated Railroad Company, to eDjoin the build
Ing Of the road at Front street, Was before Judge Rob-
In son, in the Court of Common Pleas, yesterday.
when motion made to adjourn IL on the ground
that Judge Comstock would bc absent at the Epls-
copal Convention in Boston. David Dudley Field OBJ
jcctcd to religious engagements valid excuse, but
his objection did not weigh with tho Judge, who
granted the adjournment.
Before Judge vau Brunt, holding Supreme Court,
Circuit there was tried yesterday suit OF John 7.
Naeo against the city for services rendered In the
surroga,c's Office In 1858 and 1850 The usual defence
OF no appropriation interposed, and 1t was ais
claimed that the appointment VOID because il was
not flied when made IN the County Clerks Office
Judge Van Brunt directed verdict .or the painful.
exceptions to be heard at General Term. Mr.. Max
Loses and cx.Judye Cardozo appeared ior plaintiff,
and Mcssrs N iler and Dean Tor lLe defenuant.
In the Surrogales 0ice yesterday letters OF admin
istration were issued to Russell r. Trail, Jr, son OF
the late Doctor Trail, somewhat prominent Tor years
past in connection with the water cure system The
Doctor dcd recently In the country, and the present
letters oil administration 10 his son intended to
cover the personal estate IN this cly, which repre-
sented rs amounting to less than $500.
Adelaide Pattison has brought suit Tor divorce
against John " Patson on the ground OF an alleged
prior marriage TO Florence e. Pattson, now known as
Mrs A. II. Wright from whom, ,hc pialnt,i II SAYS the
deiendaui tod ncr ne had obtained divorce lhe de.
fendant admits TINS statement, but claims that the
divorce was valid. On statement that Mrs. Wright
Is material witness Judge Barrett yesterday granted
u commission 10 examine her ut Erie Pa, where she
resides.
John Farricr, oflthaca, says that recently his wife
having died. he placed his two hdren Lucy aud LizzIr.
aged respectively eight Ave years. ia the care o
Mr. Daniel d. CorcorAn, at White Plaius, and that
latter now refuses 10 give them TO MIN. On epplca-
ton yesterday Of his counsel MI horaio v. T. Hod-
son. writ o habeas corpus granted directing The
production oil the children IN Court to-day, the
facts OF the case VIII bc inlIy Investigated
Michael Haoran obtained, some time ago, n iudg-
ment against Mcnacl GAVIN, ana tho latter was sum.
moned 10 appear In supplementary proceedings and
answer as TO his property. lie says that Ie did ap.
pear several tincs when tho case adjourned but
nnally Jailed TO put IN appearance, upon winch he
was arrested aud committed Tor contempt OF court.
HIS counsel Mcssrs. Hall and Blandy, yesterday
obtained from Judge Barrett writ OF habeas corpus,
under wnich effort will be made to establish his
nocenco OF any intended contempt OF court ana pro-
cupo his discharge The case comes UP today Tor
nearing.
Peter SANFORD Co. have brought suit against the
Harlem River and Portchestcr Railroad Company Tor
The New York herald., 1877-10-03
FIGHT FOR FREEDOM.

Unquestionably tho most earnest fight In which Joe
coburn, the ex-pugist ever participated is his pres
snt light Tor freedom. HIS has last reached the
sourt oil highest resort aor having attracted the at
!enton of the minor tribunals since tho 18th OF last
February, when tho puslstic defendant encountered
The police and, in ondeavorng to make those officials
succumb to him. forced 10 pay the pcuaity Of his
foohardlncss by conviction for fconious assault and
battery with intent to XIII and sentenced the State
Prison Tor ten years Altar his conviction and sentence
his case was carried 10 the Supreme Court General
Term, but that Court affirmed the legality Of hts
.ence. Not content with this decision, his friends
gagged Mr. William y. Howe to carry The case the
Court OF Appeals, anu with prompt diligence that gen.
Ilema1 issued tho requisite writ Of error, return able
A. the Court OF Appeals where the case catnc up tor
hearing yesterday The Court listened with attention
counsel and at the close OF the argument took the
papeYs. rcservtnR ita decision.
The New York herald., 1877-10-03
THE CRUSHED TRAGEDIAN.

ANOTHER MATINEE IN coURr-How COUNT
JoASSEs TREATS HIS REyILERs.
There was another large crush OF spectators yester.
day In Supreme Court, Chambers attracted there In
the expectation tnat Count Joanncs application for
an Injunction restraining Mr. sothern from playing
'Crusbod frasediann ut tho Park Theatre would
como up for argument George, the Count, was
among tho earliest TO lie resumed the seat nj
Tho lawyers table occupied by him tho previous
day, but showing evidently more intense cascrness
Tor tho Tray. With difficulty he restrained his mra-
uencs during the argument OF motions preceding his
out ut length hts case was called.
"George the Coun, Joannes vs. Edward A. So
thern called out Judge Barrett though with placid
y Oh tone indicating nothing remarkable Ia the UNDER
lying issues.
"keady.n exclaimed the Count
II move for an adjournment, II Your Honor please -
said Mr Felt, counsel tor Mr. sothcrn
indeed indeed! ask an adjournment when am
o. W 70 , to injustice nightly :, he hands
ance rage irony anu pity being all strangely blended
IN his semi-tragc tones.
Mr.. Fst proceeded 10 state, without any intcrrup.
ton, "thc compliant covers sixty.sx pages. and
winds up with modest demand tor $50 900 damages.
nave not had time YET TO MI Sothern anu
suit him IN the inattcr.u
- 40 not want 70 have my ,p,ellec, in,cricrei
WIN oy such an argument Tomorrow or there w
10 southern hurrnh IN the Park Abbey" said ihc
Count IN reply "ilowevcr, as u grace, will sive
until Friday. He indeaes and represents ms every
nighs, 20 my Disgrace ask for this injunction
not as traseaian only, but counsellor oil the Il.
preme ConrI Nine different persons said to me on
broadway to-day, There is tho Crushed Iragedian.
One mah knocked down INTO the gutter, and
knocked oil another mans hat In hia papers o.day
hr Sothcrn backs down, and Instead OF 'Mr. Sohcrn
VIII represent the Crushed Irlscdian, he has II a
play ACTOR Win represent. the Crushed Traecdian
l'll hear the case on Tnursday,n interrupted Judge
Barrett
"At what hour, Your Honorgn asked the Count
AT twelve O'Clock, SAID the Judge.
II am content" {" said the Count
Thus ended the for the iay. Tho Count hastily
gathered up his papers and ci, the court room to.
lowed by the large throng OF spectators many sun
holding TO their bciief that the so-cullcd Count wus
"A reality Mr. "a heru
The New York herald., 1877-10-03
ALLEGED MALICIOUS PROSECUTION.

Marion Grimes has brought action In tho Supreme
Court against Erastus Dawson $40 900 dam
ages for alleged malicious prosecution of the plaintiff
by the defendant IN charging the plaintiff with having
forged the defendants signature to promssory
for So 25l A. upon which Grimes arrested under
warrant Issued by Justice n. b. Morse, Jr. OF Brook
before Judge Barrett, holding Supreme Court Cham
bers on application made by Mr.. Henry q. Deni-
son, counsel lor the defendant 10 vacate an
order Of arrest issued in the case holding tnc
defendant to bail in $500. Mr. Dcnison contenued
that the plaintiffs proceedings were irregular, mas
much AS the papers conformity to the new
code OF procedure, anu did not show any cause of
action IN failing TO allcgc want OF probate Cause
the part OF the defendant IN making the charge OF
forgery. Mr II. ID. Bets opposed the motion. and
that at the time OF the issuing OF the papers
the old code was IN operation and tnat the time OF the
service OF the papers made no difference The Court
TOOK the papers.
The New York herald., 1877-10-03
LAWYERS FEES.

Judge Robinson of the Court Of Common Pleas, yes
terday delivered quite pertinent opinion in the
OF Samuel H. Randall against II. Kingflaud Leonard,
&c. The plaintiff. lawyer brings tho suit recover
for professional services i've ,ransac
tons, and moved before Judge Robinson Tor u
reference. This motion IL denied the
10 DO tried before o. jury. In the course
OF his opinion Judge Robinson animadvcrts
upon the too frequent practice OF excessive charges
by counsel. such as Tor instance charging ior each
time lie saw or conversed with MS client convcrscd
with the opposite counsel or wrote note the sub
ject. He holds that such system OF exacting CON-
pensation is unfair ana that tho whole transaction
should constitute but item in u long account But
II the claims were justly sustainaDle that
embarrassment exists attends long accounting and
makes necessary q reference.
The New York herald., 1877-10-03
THE SEVENTIES NEW ARMORY.

THE FOUNDATION STONE TO BE LAID To-MoR-
Row-PRoGRAMME or THE CEREMONIES.
Great preparations have been made by the Seventh
regiment ior the laying OF tho Of It's new
armory tomorrow. II Is expected that great con-
course Of people viii be present TO witness the cere-
MONIES. Tho regiment will meet at the arm0ry in full
uniform, aud will be under the command oil Colonel
Emmons Clark, who has solo charge OF tho arrange
ments. At one O'Clock they Will march TO Demonico's,
corner VI Filth avenue aud rwentyslxth street, and
there will Ue joined by tho Veteran Association OF
regiment, which VIII NUMBER about seven hundred
men, two hundred OF whom II is expected VIII DO
uniform. Governor Robinson aud his stan WIN pro
sion. The following order viii be observed
Platoon oi Police.
Band oil the Seventh Regiment
Seventh Regiment headed by Colonel Clark and S.an
IN iull uniform.
Then Ia carriages Governor Robinson and stali In
uniform; Mayor Ely ana Board OF Aldermen; Score
tary vi State WIam ~ Evarts; Trustees o tho Buiid
Ing Fund, Robert Lcnnox Kennedy, Royal Phelps and
Then VIII follow the officers oil the Masonic Grand
Lodge oi Masons, headed by Grand Master Couch.
These gentlemen viii have the let OF tho PROCESSION
Thc members OF the veteran Association Will bring
up the rear.
a large platform will be built for the accommoda-
ton OF invited guests 100 icet square, resting the
foundation Of the new building. All citizen sub
scribers will have a seat offered them, as we'll the
tue press. Adjoining this platform space VIII be
reserved for the friends VI members or the regiment
where seats will bs provided Tor coo persona Alto
gethcr $500 seats VIII be provided.
The seventh regiment aud the veterans will be
posted outside the uew grounds on Fourth avenue and
during the ceremonies that will follow the two bands
the Seventh ana Veteran Association Will
perform various selections, they numbering over
hundred pieces
The cereinOnes will comprise an invocation By tho
chaplain Of the regiment, DR.. Weston; Grafton by Mr
W. W. Evats, laying oi the stone by the Grand Master
OF Aasons OF The State OF New York.
few short addresses may be made by Colonel Clark
ana other members ol the regiment. which wall con-
cludc the celebration.
so lar little over 500 900 have been subscribed
the lund, but $l15 QUO Is wanted.
The New York herald., 1877-10-03
GENERAL SESSIONS-PART 1.


Before Recorder HacketL
CAUGHT IN THE ACT.
colored man named William johnson. who said he
was waiter IN the boarding house OF Mr. Taylor No.
136 East Fourteenth street. arrasncd the bar by
Assistant District Attorney Boil, charged with grand
larceny. II appeared that while Henry Miller. who
keeps clothing establishment at No l55 Spring
street, chatting with OF his neghbors, two
men entered his store and about 10 carry OIL sos
worth Of property, when Mr. Miller returned. With
remarkable Ingenuity one OF the invaders asked Nr.
Miller he did not wish TO purchase pair frowser
Miller replied In the negative. and Just the
got outside the door he called for the police. Both
then started at full speed, ono vi them dropping
bundle containing The stolen properly. Chase was
given ana he was captured Al the trial yesterday he
denied his guilt, but tho evidence being conclusive the
jury found him guilty. Recorder Hackeu sent him
10 the State Prison tor the OF three six
months at hard labor
PLEAS AND SENTENCES.
Thomas Goughe-ty, OF No. 50 King street, was
charged with stealing truck iul Of lumber, the prop
erty Of Charles Hickman, which was lying at pier
No. 40. The accused pleaded guilty, and sent 10
the state Prison for two years and SIX months
John Bonney, Of No. 430 East Fifteenth street.
PLEADED guilty to the charge OF burglary the third
degree, having broken into the room OF David
O'Mcara, OF No. 81 seventh avenue aud stolen Two
coats valued at $50 Tho prisoner was sent 10 the
State Prison for Two years.
The New York herald., 1877-10-03
THE CESAR-KRIEGER CASE

Tho case OF August Caesar against Philip Kregcr
again up on the day calendar OF tho Supreme
Court, Part l., before Judge Donohue yesterday Tor
trial The action Is brought by Mr.. Cesar who
claims 100000 damages against Philip Kreger for
alleged alternating from him the affections of his wife,
II Will be remembered tho brought trial
the last May OF tho Court, when the jury dsa-
greeing trial was ordered, the acis or the
being iuliy reported At tue time tho HERALD Upon
The being reached yesterday neilhor the plaintiff
defendant being ready, II wont until the 10th
INST, at which tiino 1t Will be tried. Messrs. John o.
Mott and William Il. Knitting appeared as counsel for
the paintin aud Mcssrs David Levy and Charles w.
Brooke are looking after the interest oil the
The New York herald., 1877-10-03

carrying away her steering gear cutting her down
the waer's edge. The cable OF the anchor I'm.
media,ey cut aud the bargentne taken tow by the
steamer, but tho haHser parted and the oarken-
collision the part OF the steamer was that
as she approached the barkentine the latter
to be ~ anchor and the changed her
TO pass her, but she came close TO the
barkentne the latter dragged her anchor drited into
the course OF the steamer and the collision occurred
This collision, u is claimed the part the steamer
was inevitable so tar as she concerned, and
the result OF ncapaciy and negligence the part OF
the officers and crew Of the barkcntne rhc steamer
was beiled ut The suit of the OF the barken-
tine, and the company sought TO be hed in damages
TO the extent OF $30, 000 The suit for trial
tho Admiralty Brancn Of the United States Circuit
Court yesterday, before Judge Blachford and is still
unfinished
The New York herald., 1877-10-03
GOING WES,r

Harry Hardy, young man Of respectable appear
ance, was brought before Judge Donohue yesterday,
by Detectives O'Connel and Williamson, OF the
Police Central Oiice In obedience writ OF ha-
beas corpus The prisoner was arrested in this city
upon the LIST inst, warrant issued by the Cover
at the request OF the Governor OF the State Of
Ohio II being claimed that he rs fugitive from JUS
tice. is alleged that upon the I'D day OF last July
the prisoner guilty the crime OF grand larceny,
in having robbed guest stopping At the Booay House,
in Toledo out Of 81, 100 worth OF Jcwery and that
Upon return to tho writ Mr. William II. KNITTING APP
pcared as counsel for the prisoner aDd Assistant Dis
trct Attorney Leary tor the people. The proceedings
being regular upon which the warrant was granted,
Mr. Kintxin2 consented TO the dismissal OF the WRIT
being tho OF tho prisoner 10 accompany the OIL
Toledo although still stoutly asserting his nno-
cence rhe writ was therefore dismissed, and the
prisoner handed over to Detective ). r. Mills Tor
inQYal To Toledo.
The New York herald., 1877-10-03
MRS. ROONEY'S RAID.

raid was made on Monday nignt by Officer
McCarty, OF The Twentieth precinct, on place kept
by Jacob Fox, at No $40 West Thirty eighth street.
and Fox and three other persons were locked up
charge OF gambling The OF the raid a
plant made al the station house Dy Mrs. John Rooney.
oi No. 555 West Thryeanth street, who stated that
hnr husband used TO lose all hrs money there and shc
Bxby yesterday IN $500 bail 10 answer, anu the other
three prisoners we're discharged.
The New York herald., 1877-10-03
A DAYLIGHT COLLISION

On the 10Th OF May last the barkeutns Charles l..
Pearson siartod IRON this city on voyage 10 Yoko.
hama Al four O'Clock T. NJ, having got outside the
Hook, and the wind being too light. she haa cast her
kedgo anchor; but the wind having frcshened up
again. she had her sails partially set and WINS taking
up anchor, when the British steamship Alexandra
camo along and ran into her stern, crushing II In,
The New York herald., 1877-10-03
THE GRACE HABEAS CORPUS.

In tho case Of William IL. Grace cx-Custom House
inspector, sentenced to the penitentiary for four
months for an assault on Surveyor Sharpe Ihere
hearing yesterday before Judge Barrett, supreme
Court Chambers, under the writ OF habeas corpus
obtained with view 10 getting stay OF proceedings and
bail pending an appeal TO tho General Term. Judge
Barrett stated that until bill Of exceptions MED
STAY could not be granted. Mr. Courtney stated that
he had been unable 10 prepare the bill 0i EXCEPTIONS
as the printed evidence alone embraced nearly one
hundred and fifty pages. Under the circumstances
Judge Barrett decided dismiss the WRIT without
prejudice application for stay ot execution OF
sentence until the bill of exceptions had been duly
IN enared and nled
The New York herald., 1877-10-03

$40 30l 70, claimed 10 be due contract for work
and materials furnished In building the road The
trial Of the case began yesterday before Judge Law
Teacc, boidng Supreme Court, Circuit Part The de-
fence Ia that whereas contract called for the pay
ment of $26l "a 81, there was paid 10 the plaintiffs
$2t3, 4S4 o. being excess OF some $l4, 600 over
what duo them, such OF pay yment alleged,
having been made by mistake In supposing that the
plaintiffs did earth filling and grading which they
did DO. Messrs. Benedict, TAFT 4 Benedict ap-
peared for the plaintiffs and Messrs. H. H. Andersen
and William 4. barnett for the defendants
The New York herald., 1877-10-03
SELLING LIQUOR TO A MINOR.

Edward Clifford. hardly thirteen years old, residing
at No 45o West Seventeenth street, was found yester.
day morning by officer Of the Twentieth precinct
staggering through Tnrlyhrs. IN beas,y state
OF iutoxca,on. lie was taken 10 the station housc,
ana as he could talk sensbly was asked where
he procured his liquor He said he got from Thomas
Boyle, who keeps place at No 4S6 West Tnirty.nrst
street. Boyls arrested, arraigncd before Justice
Bixby at JeHerson Market Police Court, and held Ia
$500 bail TO answer u charge OF selling liquor 70
minor.
The New York herald., 1877-10-03
KEYSER AGAIN IN COURT.

Suit has been begun by William Frazer TO recover
ST. 500 from John II. Keyser for commissions allcg,
be due tho plaintiff under contract with the de-
fendant Tor building sewers and other work about tho
streets Of Brooklyn. The work performed during
Ring rsglme Mr. keyser has made ap ppiication 10
tho United states DISTRICT Court 10 DO aajudicated
bankrupt.
The New York herald., 1877-10-03
COURT CALENDARS-THIs DAY

SUPREME CouRT-CnAxnEKs-Held by Judge Bar
retLNos 81, 30, 81, %, 30. l07, l2l, l27, l32,
143 l45 1856, 49,, 1885, The call begins ut No. 20l aud
ends at No. 300
surnrME couRr-srKcIAL TrRM-Held by Judge Van
vorst;-Nos oo 4s. 6s! OIL. ooe oog, 57s 5s1, eoi,
625 626 627, 62e $780, G3l, 632 $685. d3l $685. $685. 6a7
63s, oas 64O GAL e42 CAS- o4s CAS- e46. 647 CAS- 0.s
COO 65l 65a $685. Co., td5 oS6, 05, $685. ESQ., 66o, 6ol
SUPREME CoURr-GESxRAL TERM.-Adjournod until
Dononuc.- Old Numbcrs-Nos 452sts, 3273. 1917, l,
27l9 $3.50, 3i13, 1885, $685. 3i3l, 1913, 1881, 3673
1862 2o6s 1857. 1904 1906 1905 1885, Ill., 4s0O a94l
1le2 23s4 22s 1913 3lo5 ss4 2ss7 l961G 674. i25o.
s sS s 4sa a " 'uasc as ;a Dosa
PATS 2lO2 1885, 4546 2442 5i0O 1854 $780, 3Ul2 1884
Part 3--Held By Judge Van Brunt--Nos l3624, ll3
4lo, 433 3!9 1863 ss4 $780, $50 302 4s3o 2l22 5lo3
l7slX 2l55 1872, G4i. 4Slh, 92lh, l94, Ills, 2s4l
$3.50, 652, 13l.
SUPERIOR CouRr--GESgRAL TgRM.-Adjourncd until
the hrst Monday of November
SUPERIOR CoCRT-SpEcIAL TRRx-Held by Judge
Freedinan.--No.. =, 6, q, G3, so.
SUPERIOR CoURr-lkIAL IERM-Part Held by
Judge spcir-Nos. 33s, 40. los, 264 166 l67, Iii,
IA l7s l5s ~, i,e o !s9, 1876 2oc, u.s. ~ "a
ii ncx. Monaay % Part sheid BY Judge sanioraG un
Nos 397 &c., 572 I22 1874 l2s l2s l2s, lS2 I33, 1884,
1885, is7, i45 ,.s l5i: Iss, iSs lss' les ,,o,, ,,
the first Monday oil November
COMMON PLEAs-Eoriry iHRM-Held by Judge Robin
son.-Nos. 80, 81, 80.
COMMON PLEAs-rRIAL TERM-Part l-Adjourncd
until Monday, October 8. Part 2-Heid by Judge
Larrcmorc Nos. 1909, 7s9 l34s l340 1850, 1350h.
1851 1852 1853 1854. 1856, 1855, 1885, 1859. 1850.
Part 3-Hcd by Judge j. f. Day-Nos 1906 2.47,
las 1922 1880 1891 1882 1888 1884 1882 1886, 1887
1888 1889 1340, l34l, 1874, l345, 13i6, l347.
MARINE CouRT--TRIAL TERM Part Held by Judge
SnnottNos 1866, 1913, 1888 1879, 1914 1909, 1868
1928 iSl5H, l777. 1885, 1885, 1894. lSl3 1545is
Part 2-Hcld by Judge Sheridan.-Nos 1S23 1875
1855 1882 1870 1871 1872 1874 1875 1876 1877 1875
1881 1882 1898. Part 3-Held by Judge Alkcr-Nos.
1865 1s32, 1926, 1889, 1885, 1885, 1887, 1890, 1884,
1897 1893 1894. 1895 1885, 1897.
COURT or GENERAL SEssIoSs-Part HELD by Re-
corder HackelL-The People VS. John sullivan, fclon,-
assault and battery Same VS. Patrick Koden frlo
NOUS assault and battery; Same vs. James Powers
grand larceny Same Mary A. Allen, grand larceny
Same VS.. James McClelan grand larceny; Same vs.
Frederick Schaeier, receiving stolen goods Same vs.
Anthony Lashcr and Joseph Graham, larceny from tho
person. Same vs. james Daily, larceny from the person.
Part 2-Held by Judge Sutherland Tho People W..
Francis Norge, rape; Same vs. Charles Revania bur-
glary; Same vs. James Burns, burglary; Same va
Moses Sands, receiving stolen goods; Same Thomas
Reynolds, concealed weapons; Same vs. Thomas Rourkc
The New York herald., 1877-10-03
CONTRACTOR BROWNS WILL.

Tho long contest over tho will and estate Of the late
John L Brown, formerly large city contractor, be-
tween two rival families, Is already familiar the
readers Of the HERALD. Before the commcncemen Of
the summer vacation Of the courts tho contest
garded as practically settled by decision OF the Sur
rogae admitting the will OF the deceased to probate
The supposed dead ISSUES revived yesterday be-
fore Surrogate Calvin, in the form OF motion be-
balf OF sister OF the deceased. Mrs. ua A. Sargent,
TO have the question Of tho probate Of the VIII 70.
opened. This application Is opposed the ground
that Mrs. Sargent was contestant whom tho VIII
originally admitted to probate, and that II she
nearer OF KIN than she and would have Inherited
even II there was no will. In reply she denies that
jectons to tho qualifications Of John l.. Brown The
next OF kin as such. Tho argument was set down Tor
thu 7th INST