davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1877-12-02
SUMMARY OF LAW CASES.

On application OF Mr. Samuel b. Hamburger Judge
Lawrence yesterday signed order dischargng tho
defendant from arrest in the action wherein Christian
Heidebach was plaintiff and Louis p. Berg defendant
The acton for $50 900 damages Tor alleged mali
cious prosecution.
Ferdinand Reimann, cigar manufacturer, No. 1888
Grand street, was taken before United States Com.
missioner Shields yesterday, charged with removing
from his mandatory, without the proper stamps,
15 600 cigars. He was held In $1,000 bail 70 await
animation
Judge Larremore yesterday. on application OF Mr..
John q. GRADER, counsel tor the plalnun entered a
judgment tor limited divorce IN the case OF George
Krett against Elizabeth kret The have already
been published In detail IN the HERALD. Tho paintff
says that his wife went for him with axe and
ing knitc, and scratched his face and frequently
threatened to kill him; that she also broke tue
OF Que Of his children with broomstick, attempted
TO cut of the neck OF another child, bat only sue
cceded cutting his ear on and that when he
tempted to escape she threw q Kettle OF scaldng hot
water him, that his life was despaired oil.
Joseph Newby, through his counsel, Nessrs. Stra-
han Finley submitted petition yesterday to Judge
Lawrence asking that Mrs Hester Kelsey deliver to
nim the custody oil his infant chid, Belle Elizabeth
Newby, no~ irhe two years oi aye. He states
10 his pcttion that Mrs NewUy - the mother OF his
wiic who died IN November 1873 ana that on her
death intrusted The child TO her care, with the
derstanding that she would be gwen up 80 HIM when
ever wanted her, which, however, he says she mas
refused to do. he states urther that he MAS remlr
rl,a recently; tDat hc Is abundantiy able to take
caro- ol his child that he is afraid n she rs kept
awav from him much longer her affections Will
be wholly alienated from HIM. Judge Lawrence
granted writ OF haocas corpus. rctufnnblc to-mor-
row, wnen the case xiil come up Tor examination.
The New York herald., 1877-12-02
THE EXCISE WAR.

DECREASE IN APPLICATIONS For LICENSES
THE COMPETENCY OF MR.. MUNpYs W.T.
NESS.
There was but little business transacted at the
office of the Excise Commissioners yesterday. In
fact, for the past few days there has been
marked decrease in the numbers OF applicants for
hotel and other licenses which succeeded the
recent active operations the part OF tho
Law and Order League. The present paucty OF ap-
picatons chiefly accounted Tor by the great scarcity
OF money and incidentally owing to the uncertainty Of
the Excise law. Meanwhile the Law and Order
League Is resting it its oars awaiting tho
nnal decision Of Justice Duffy after he shall have
heard arguments pro and con tomorrow touching
the competency OF Mr. Mundy's witness to tesli y
IN cases oil prosecution tor violation OF tho EXCISE
law. In this connection Montgomery Tnroop and
James Emmoti, two OF the Commissioners appointed
TO revise inc CODE aud who were the authors of
uon S32, concur with William A. Beach, District At
torney Phelps and other prominent lawyers in inc
opinon that tho young man, BleeKer. Is competent
witness III the Cases alluded 10. This question de-
clded, the Law and Order League will up
the complaints tnat now remain IN abcyance.
MOTHS or THE
In conversation with HERALD reporter. yesterday
Mr.. Mundy complained that the Board oil Excise had
recently refused 10 furnish person whom he mad
sent or that purpose with the names all the
parties to whom motel licenses have been granted
the Board Tor It's action in the premises is
understood 10 be desire the part ot the
Commhs!oucrs u rescXamihe tne holders oil all
censes tue that the Board may satisfy itself
that the party IN each mad tho requisite accom-
modations that would legally entilc him her q
hOtc license Many Of them, appears, were granted
on the recommendation OF inspectors connected with
the Excise ohcc, bui since the present controversy
has taken definite shape the Board has uded 10
personally examine into every case before letting
licenses pass out OF its possession. Mr.. Mundy inti-
mates tlat II he finds any oil those liscenses have
been granted contrary TO the statute, he will obey the
instructions OF the Grand Jury and make out Tho
papers
II ascertaned at the Office OF the District At
torney yesterday, that although the Grand Jury had
examined several witnesses touching the charge
against tue Board Of Excise indictment had as yet
beeu found against that body. Letters have
ceived by Mr. Mundy from Rev. Stephen H. Tying,
Sr., and DR.. Armtage, In winch they favor the en-.
icrcenent oil the Excise law. The latter gent eman
sanctions such eniorcemeDt. on the ground that IT
Affects The interests oil society, aud with this he
iavors enforcing the Law only the Sabbath, hut
also on all other days OF the week.
During the week ending yesterday the Board OF
Excise granted iorty.iour applications TOR licenses
The receipts during the same ims were 81, 085.
The New York herald., 1877-12-02
Oil b.

ApANsox-Novembcr 80, after a short Illness JonS
ADAMsoS native Of the county Lncrick Ireland, aged
~ years.
funeral will take place to-day Sunday, IRON his
late residence Ill LIST av, AT hapast one r. NJ. Rca-
tves nd ireLds respectfully invited TO attcndII
ARrmuR.--suddenly. ON Friday, November 20, at
Fishers Creek T.. Cl railroad disaster MICHAEL Ar.
THUR, In the 45tu year OF hts age
Tue relatives friends oil the family are respect
fully invited attend the Iunera from his ATE resi-
dcnce, No. 2j9 Macon 81, near Iompkns av, Brook
lyn, ON sunday, "a inst at Two O'Clock T.. NJ Inter-
rnent IN Cemetery OF Holy Cross, Fiatbusn.
BAKkER.-Un Friday ev, ning, November 80 AT half
past seven o'clock. at the residence OF ncr son.
Captain john g. Barker, 40 Ludlow ST., EprALlSs
BARKER fclict OF the lato BenJamin 4. Barker
Relatives and friends OF tho family are respectfully
invited 10 attend the services at the house on SUNDAY
evening, December , at baif past SIX O'Clock m,
remains Will be taken TO YoDkcrs on Monday morn.
10y. December 3, 1880 train HUDSON River Ratlroad
Please do not senu or Dring any nowerA
BKowN--On November 80, ut tne residence OF w.
w. Mann, Esq, No. 40 West 45th sI, Now YORK, after
brcl illness, JAMES BROWN, Esq OF south P,,tsburg
town tate Of ssockton-o Tees, Engiand). aged 6l
years.
The remains Will be removed TO South Pttsburg for
in.crment, which viii lake place Friday, the 7th
sYRsks November 80, EDWARD ByssEs, native
Of SIX Mile Bridge. county Care, Ireland
Relatives and friends Of the tsmily raspsctfuv
The New York herald., 1877-12-02
10 SKATE OR NOT TO SKATE.

To EDIroR HERALD:-
The propensity OF comnssons' and "publc
boards'' TO completely misunderstood tho require.
oi tho general public is OF chrome and well
known character that 1t seems like wasting time 10
the mismanagement is SO manifest the mattcr of
aeprivng citizens OF their right to the Central
Park ponds tor skating purposes that public attention
should be directed to the fact and prompt and Wig
orous remedy suggested II does not answer to 50
that yhoro Is no appropriation from wncn to bund
Skang booths, lOr II Is ny no means necessary
these should be erected all On the contrary, IL
easily DO demonstrated that tho
ponds during the skating iully as large
before tho booths were adopted az alter. ILe only
expense attached TO the skating ponds the clean.
ing, lighting and, possibly, watching. This. however,
Is comparatively triuinR and IN case the city
poor or too parsimonous TO pay for keeping the
ponu IN order tue skaters will chceriuy contribute
sufficient unds the outlay. Tho pl ed
step The part Of The Park oners Is serious
mistake. The Central Park was intended Tor aud mas
hitherto been devoted TO .ne enjoy Of people.
In the winter there attraction that
OIL skating Deprived VI this. far the great ma.
j0rity vi our citizens are concerned the Park s
puratively vaiuelosa True The wealthy portion Gun
eujoy the drives, but the poorer classes have
III TINS connection ana their wishes ought
respected 1t aouDtiui II any single feature OF
beautiful Park contributes as much TO the general
health OF our people as that oil the skating ponds
when IN season. IL seems 10 nave every advantage
ana nothing Objectionable; therefore tue proposed
action or rather inaction OF tue Comm issioners
Is. to express IL mildly, SURPRISING There
BILE reason why We should not have skating the
ponds II the weather permits. Tue expense eau DO
legitimaely covered in various ways but the ponds
ought 10 open to skaters under all gences
influence OF the HERALD Is earnestly solicited by
VOX POPUIL
The New York herald., 1877-12-02
EXCISE COMMISSIONERS SUED.

John Kssel, keeper OF an inn at No. Is Graham
avenue, has begun SUIT In the CITY Court against tho
Brooklyn Board Of Commissioners OF Police ana Ex-
else, TO enoin them from causing his for keep
ing his saloon open At certain timoA The plnt sets
forth that he has made proper provision for trav.
ellers, or such persons may demand meals
lodgings or other accommodations, at all hours during
the day ana night He alleges that he obtained
his license August 1877, and that he does not keep
his pace opcn Oh Sundays or between the hours oil
ana five 10 the morning tor tho purpose OF selling
liquor, but solely for the purpose of accommou
actual travellers The arrest oil the plantf would be-
the latter holds unlawful unjust and great injury
TO his person and business. perpetual injunction
s, therefore, asked Tor, with costs oil the action.
The New York herald., 1877-12-02
A SAD CASE OF DEsTITUTIoN.

To THE EDITOR THE HERALD:--
some time ago poor octosenarian lady In great
distress, and partially stricken with paralysis, was
saved from utter destitution ano perhaps death by
the charitable who read Of her sad case In
the HERALD. The case alluded TO Is that OF Mrs. Eliza
Drury, Of No. 4l6 East Eleventh street. The same
charitable aid Is now more urgently required than
ever. Mrs. Drury found q home Tor u short time with
thr Little Sisters Of the Poor at their Home the
work there imposed upon the inmates She is now in
utter want Contributions may b. sent direct RS
Drury, who occupies a little back on the second
floor OF the above Indicated address, to the HERALD
The New York herald., 1877-12-02
DIED ALON Il.

Charles A. Schultz, man OF nlty-three, was found
dead yesterday In his bed at tho lodging house No. 90
Wafer street, where he had been sleeping TOR some
time past Schultz 10 said been OF General
Beauregards staff during the war, and aiterward
connected WITH the lara rc1uing establishment OF
Wilcox n Co., Ia Washington street. He recently lott
his situation there and engaged In the selling Of
visions on commission.
The New York herald., 1877-12-02

THE FARE ON THE FOURTH AVENUE LINE.
NEw YORK, Dec. /, 1877.
To THE EDITOR HERALD
Icannot understand why tho people of Harlem con.
tnue to patronize the Fourth Avenue Horse Railroad
line which stili exacts SIX cents being
than the faro any other line in the city. II the
Harlemitcs would and refuse 10 submit to this
extortion by taking either the THIRD SIKH
line the company would soon be brought TO terms.
The New York herald., 1877-12-02
DUNCAN SHERMAN h co.

An argument was made yesterday, before Judge
Blatchtord, by Messrs. Dudley Field, Edward y.
Brown and Howard Payson Wds for their respec-
two clients, objection to The discharge Of Dun
can sherman Co., and TO sustain the sufnciency OF
the objections hicd. They also requested the Judge
TO grant jury trial the objections Judge Blatch.
ford said that he would give consideration TO the
testimony taken before the Registrar, but should
sder tho suiciency OF the spec hcatons independent
OF everything else Decision was reserved
The New York herald., 1877-12-02

10 the EDITOR the HERALD:-
1t Is well known that in the Asiatic station cholera
Is sometimes prevalent and because oil this liberty
on shore Is granted only occasions lew and TAR
betwsen-in fact, only when the doctor, in san.
guine MOOD. imagines that iears ior the present
need be entertained Thus week alter week and
month alter month liable to bo kept aboard
snip. while officers anu officers hunkes 20 como
when they please LII Jack ASKS tor liberty the
alat Is Instantly gwen, "Ihe woll the
woll" and oil course waile dreaued an
animal is prowIlng III The neignborho0d a SAILORS
cowardce will induce him to keep quiet Meantime
SamDo III a new straw hat and Jonn Chinaman minus
his queue aerolcaiy ,naTch over the sue, Keeping
time TO the ,une there Is nothing like Color" Un-
questionaDy praise ~ due 10 an officer shows
Interest In Inc health aud cUmIort OF his crew: but
there is something farcca IN this spoed child ehod
oil guarding u against ana exposing us 10 disease
and the same timr--that rs, supposng
brass buttons aud patent straw hats trimmed
with blue ribbon TO he liable disease.
IL cholera Is contagious as IL is generally believed 10
bc are just liable 10 catch IRON those gentle
men wnen they return as II we had actually been
ashore ourselves But IL al depends upon orr iza
ton, perhaps, and jacks beng very cheap one,
must necessarily be constructor oil material Ia meas
uraDy inerior 10 articles winch cost the governmesG
ten, twenty and thirty tunes a. much rhis the
reason We are not allowed to cat HOLSTERS The
mai IL too refined 10 rest contenicdly in
stonachs SO gross ours accordingly he irets and
loans Ill bis resiivencss produces diarruo,a ana
follow. This is now VIC lost our snips COOK.
He dined on Holsters one line day,
and on the morning OF the next he was corpse. Inc
doctor knew at once u was "a case oil cholera,
bearing IT SAID among the men that the deceased
well the day before, lie concluded that high ving
productive ol very unsatisfactory results The inier
ercc might be logical but noDody likes logical con-
clusion which is opposed To ones desires least
felt TINS when ,he doctor III pursuance ol ms
quired Information, forbade US the Of a Dum-
boat, TIL The captain, upon entreaty, partially
relaxed the seLteaco We were told might
purchase q loaf oi bread long IL did
Interfere with our health but that any trouble
eDsued IRON the abuse OF thus privilege the doc;or's
edcL would again DC put IN orce TINS harangue was
delivered with show oi gravity aud sincerity we'll
simulated that Scrgcaut Flynn ana his marine guard
coull perceive u 10 Do other than gracious
Gescension. We. however, who can iuch or Two
iartuer than ne Delievo The restriction
wsrxntabe bringing lace TO lace with tue that
while were enduring starvation In obedience to
order all tho luxures which the Island anords Incud-
ing cnoioric lobster, we're being daily fetched
aboard TO the ward room aud cabin. ANIlPODES.
u. ). 3. RANGER, NAGAsAKI, Japan.
The New York herald., 1877-12-02
BUSINESS TROUBLES.
Is offered for sale on ACTON mod Ating te

Tho following assignment, with schedule annexed,
was yesterday ncd IN the Court Of Common Plcas:-
John q. Morrison to julius d. Alexander Tho uabsii-
ties are stated at $40, O53 "a, nominal asGtts at
S29 $40 73 ana real assets at $l6, $50
The New York herald., 1877-12-02
TnROWN FROM A CAR.

Jamos Smith, aged nfty-o Of Fity.iourtn street,
was thrown from car No. 90. OF the Fourth avenue
line. at Forty street and Madison nvcnIc while
" was turning q corner. Ho vas taken " bellevue
Hospital, where he died.
The New York herald., 1877-12-02
CCK COMPLAINT BOOK.

more Letters intended for this column must be
accompanied by the writer's full name and address TO
insure attention. CompIanants who are unwilling to
comply with this rule simply waste time in writing.
Write only on one side the paper-ED. HEKALD.l
The New York herald., 1877-12-02
MARRIAGES AND DEATHS.
ENGAGED.

HARLEM-FEIERsrEIN- JAMES J. HARLEM to
Miss RACHEL FEIERsTES, both OF this city. No cards
WITKosKI-DAvEs-IsAAcM NJ. WirKosKI, OF this CITY,
TO Miss DORA Dawes OF Hunters Point. No cards.
The New York herald., 1877-12-02
AN EXPLANATION WANTED.


To THE LpIroR HERALp:-
Why those who went to st. CcciiIa's Church
benefit last night at Inc Academy OF Music denied ad
mission because they had not could not pay dity
cents for gallery seats, when they advertised
twenty 1--we centsY Many persons cams all the way
from harlem. and were unprepared Tor such m mshap.
JUSIlTIA.
The New York herald., 1877-12-02
SEVENTH REG lMENT ARMORY.

J. b. Hoyt& Co have subscribed $500 10 tho Seventh
Regiment New Armory Fund; Edward Mluturn, $3.50;
Mitchell, Vance Il Co, $3.50; Hoyt Brothers, $3.50;
ScoviI Manufacturing Company, 500; D. q Wilcox,
OF tho Meriden Britannia Company, $i0o; fassevant
Co.. Sl0O: q. z. Waite Breyoort House. $l0U; ker-
nar A Weaxer EyareIl House. &lQ0
The New York herald., 1877-12-02
A HINT TO CONGRESS.

TO THE EDITOR OF THE HERALD:-
l noticed some time ago IN your columns articles
protesting against tho Of the national flag as
medium on which 10 advertise, and l had hoped you
would take the matter up editorally, present
It TO the public TO awaken q eelng, aud. If posi-.
impressed with the necessity o such editorial by
seeing ag posted nearly every box, parrel fence
aud dead vail IN the city for advertising purposes
CRUEL TREATMENT OF STREET CAR EMPLOYEES.
To TIE EDITOR op THE HERALD:--
While so many OF our fellow citzons clamoring
for rapid transit and cheaper fare tho rights of Ill
oppressed anu overworged class IRE entirely over
looked In granting sucn rich monopoles tor nothing
beyond the mere investment for constructing the
roads would seem but justice to the employees. the
conductors and car drivers particularly, TINT clause
should be inserted IN every charter mat would pre-
vent tnesc companies IRON working tho HE soul
Que days work are usually required, ami sometimes
more leaving but eight out OF the twenty our ior
rest ana 10 Keep alive the acquantan o. their lam
lies, IL aiter two-thirds Of the day Ia CONTINUOUS
LABOR there Is lie enough lett Tor any socia inter-
consistently come within Lne authority Of Mr.. Bergn
70 ameliorate II mol PREVENT ODD NEW YORKER.
NATURAL AND ARTIFICIAL BEAUTIES OF ToMP.
KINs SQUARE
To THE EDITOR OF THE HERALD:-
Thanks TO our able aud eliclent Department OF
Public Parks we have In our midst an earthly para
disc, commonly known rompklns square. IL com.
bines the picturesque beauty Of African desert with
the romantic scenery Of the Lava Beds. With tnat
tine discrimination which is peculiar tho Commls-
sioaers and with a comprehensive knowledge ol the
wants OF the population n the neiguborhood who are
ru e, too poor 10 trave, they have caused 10 DO
placed IN each corner model or image oil oil tho
great wonders OF the goae. Thus We hnd In
corner correct image OF Mount B.anc, III another u
remarkably true representation oil the Yosemite Val
ley, IN another what Is supposed to be portion oi
the Garden ol Eden and IN the last either m0de OF
the Mammoth Cave or ol u Colorado canyon.
would simply suggest u simple anu cheap method
by VIII ch tue beauty and useful ess of tins wonderful
model OF the eihcleDcy OF our Park Department gnt
be considerably enhanceu--namely, by introducing
scene from the Arctlc regions, which have
wholly ignored. Let them turn portion OF tue park
into skating pond, which, besides drawing large
crowd from Centrai Park, which always over
crowded, would be hailed with delight Dy the youth in
the vicinity, and Which would sti further endear
commissioners 10 The hearts OF our population.
r. r
The New York herald., 1877-12-02
THE PARADE GROUND.

Judge Lawrence yesterday directed that the report
OF tho commissioners appointed TO estimate damages
sustained by owners Of property within the OF
land selected for military parade ground bo recon-
mited TO the commissioners TO afford oppor-
tunity to such property OF putting In proofs
in reply to the affidavit Of William Ii. Grant, The
affidavit OF Ar. Grant sets forth that he Is
civil and Typographical engineer, and pur.
suant u the directions Of the Park Commissioners
surveyed tho land that selected for a parade
ground and prepared The maps, ana that no maps
were on HE OF ne streets OF tnal portion OF New York
north oi lnwood street. II IS alleged by counsel for
the property owners that such maps have nleu,
aud that sucn TACT was admitted by the CORPORATION
Counsel during the summing up before the commits
sionors, with the additional statement that he would
furnish proof TO that effect, and whIcn proof
submitted II Is claimed that the question whether
streets and avenues within the OF land ques-
ton have been aid out by tho Central Park Commis-
sioncrs very material iact ana tvs 10 glvo proof
upon tnis point that the report has been rccommlled
THE KENNEDY CHILDREN CONTEST.
In regard to the statement contained In tho return
to the petition OF William II. Kennedy, submitted TO
Judge Lawrence asking that his wife, Margaret Ken
nedy, deliver to him their three eldest children,
Mr. Kennedy, in counter statement, puts a de-
cidedly different phase on the matter. He denies
that he has been cruel 10 his wife and that her
relatives have abundant means to provide for his vile
and children. He says that when he married his
wife he took her from James street: tnat he has
occupied for tho past nine years the second door OF
No. 470 Pearl, near chatham street; that he has
always treated her IN kind aud respectful manner; !;
that he mas always provided Two domestic servants Tor
her use, and everything she needed including car
rage and team coachman whenever she wanted
them He says that the suit Is SIMPLY 10 got OF
II he would be yielding In this regard the whole mat
ter could be sotted without further litigation. Tho
Will come up Tor hearing TO morrow IN Supreme
Court, Chambers, when tho question as 10 the custo-
dianship oil the children will ue settled.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1877-10-04
Young 4 MIDDLETON, Auctioneer,.

MHAkF. MIL AND mAC IHiEsER44, %Ahs:
HOUSE; OFFICE; STOCK IN TRApE OF
H6Rsls, oaRTs. RAssGss &C. seo MILES %
the firm OF T. Edward c ark & Co., at the foot of
BY. virtue Of . deed Of assignment to us, Il
as co tns is dss n b. ASsa foil, s
will on SATURDAY, the 9th DAY Of October, A. ID.
i q. 10 clock on the premises sell at p1b
An the wharf property at the foot of 4th street
lumbia and the water and wharf privileges Of Lots
Numbered three 80 and ~ 10 square numbered s2i
tce and two-story Mil 18th the machinery therein;
this mac hnery CONS iEs of Engine ana Boiler, Plan.
saw Table, Matching Mschine. Wood Saw H a"d Ia,
be, Splitter, set of Gang Saws AID Frame, Iroa
II. All the Sock in trade Of the firm Of +. Edward
Wiark 3 Co, consisting Of Glazed and Unglazed
samples, Common and Dressed Culiines. Fioorine =,
Joist and snanili ga 81, s.. and "a, No ana
scriltions Of Lumber rertaining 10 . frst-cI@ss
tors Goal, Horses, Mules, Carts IamSsr Wa aTo
g1ns, Sets OF Double Harness. and Sets of Single
Lot Blocks, Wood Barrow, Push Cart, nS Wheel
two o0 Eoand Farb anks seaiss both il good CON-
The W hsrf aud other property mentioned in par.
az Arb will 10 sold on the following trims: One
fourth Of the purchase money in cash, and the bat
sDce in three equs pay ments al g. II and Is months
be required at time Of sale 40
tloned in paragraphs ii. aud LII. will be sold for
The Aisnees will receive bids a. private sale for
any Of the above property up the day Of SALE LUZ
..p.,. d,a. jGF bSss FFE dHE: A's'sness.