davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1878-11-13
THE VANDERBILT CONTEST.

full attendance marked the closing day for the
contestants in the Vanderbilt will When court
opened counsel for the contestants called to the stand
DIR. s. Skinner. dentist. Judge Comstock objected
to the witness being sworn on the ground that his
name did not appear in the list handed to the Court
by counsel on the other side Mr. Scott Lord and ex
Judge Jere Black contended that the testimony to be
given by the witness newly discovered and neces-
sary to contestant s case
The Court said that such facts owing to the arrange
Inents made between the Court and counsel should
appear in afidavits. II, on such papers. it ap-
pears clear to the Court at any time during the
cred new evidence he would hear it. Such did not
now appear. and therefore the witness could not be
sworn. .r
Mr. Lord said that he wished to prove by DR.. Skin
ner tiat III 1873 he attended Commodore Vanderbilt
and found him almost imbecic that he took occasion
to ascertain II he in liquor, and being satisfied
that he was not now prepared to swear that the
Indications of mental nhrmty then noticed We're the
result Of y general dccadence Of his faculties.
REFUSAL HEcOEs1DER.
The Court held that the evidence was cumulative
and refused to reconsider the decision An exception
noted for the contestants, ard when the Court
said, Call the next witness. Mr.. Lord said, Under
the present state Of facts the contestant rests her
case
THE case is with the proponents" said the Surro-
gate.
whispered conference between Mr. Clinton. MIR.
Caoate. Mr.. Comstock and Mr.. Vanderbilt ensued,
postponement Of the case until this morning ct
half-past ten in order that he might have time to
consult with his colleagues. The request was
granted.
The New York herald., 1878-11-13
CONGRESSMAN SMITHS WILL.

Surrogate Cofin, of Westchester county. yesterday
admitted to probate the win of the late Alexander
Smith, carpet manufacturer of Yonksrs. and who
was elected Representative in Congress from the
Twelfth Congressional district. Tuesday last. and
died on the evening of that day. The real and per-
sona estate Of the deceased is estimated at $500000
consisting however. principally Of stock and scrip of
the Alexander Smith Sons Carpet Company. The
will was executed on the 10th day OF September 1877 by
which his son, Warren b. Smith, and his son-n-law,
William Y. Cochran. are appointed executors. The
tcstator bequeatbed to his wife. Mary levin Smith.
all his household furniture and works OF art span
of carriage horses and two carriages He also directs
that annuity Of $4,000 be paid to her in monthly
payments out Of trust fund OF 100000 during her
life in lieu of DOVER and 1t her death the fund III to
be divided equally between heI son and son-in-law.
The trust fund in question in TO be derived
from $4,000 OF stock and the same amount Of
scrip of the carpet company, which is
to Be invested in United States government bonds.
He also bequeaths $4,000 In stock and scrip TO his
grandson, Alexander Smith Cochran. during whose
minority the income derived from the legacy is to be
paid the boy mother and the principal also IL to
revert 10 her he dies before attaining the age Of
twenty-one years. The teststor made special be-
buest OF $4,000 to his son, Warren b. Smith; also
900 to each of the children Of Ralph n. Smith
The residue Of the estate s to be divided equally be-
tween testators Warren and his daughter. Eva 8
Cochran.
The New York herald., 1878-11-13
TwEED,s LEGAL EXPENSES

In the Superior Court. before Judge speir. there
was commenced yesterday the trial of suit brought
by Benjamin p Fairc hid against John ID. Townsend.
1T seems alleged. that the plaintiff made an agree
uaent in writing with william M Tweed on the 18th
Of February. 1877. TO get him out Of ia for $4,000
5000 to be paid down and s5.ooo contingent upon
the success of his efforts. The plaintiff charged
gave the defendant assignment of bond and mort
gage a. collateral security for notes given and
suit in equity to set aside the the ground
that Townsend did not complete his agreement. Hy
the agreement IL understood that i've Of the
aboye referred e. are payable only in case William NJ
Tweed shall not be convicted OF crime aud sent ~ the
nsc Prison. but payable IN case he shall be dis
charged his own recogilizance from jail or IN any
way released therefrom without punishment OF i'm.
prisonment. In Tweed should be- committed
npon any OF the indictments pending against
him aud sent TO state Prison. then " WIS
agreed thst the first Eve notes should have
been paid the land would b. redeeded upon mortgage
A., Farclild provided the should not have been
forecIoaed disposed of before that time for
t,ayynent OF any ~ the frat nve notes mentioned.
Mr. Townsend put on the stand and testified that
be nas retained ~ Mf. Tweed, and u was con;ended
The New York herald., 1878-11-13
MYSTERIOUS DEATH.

Coroner Flanagan took testimony yesterday In the
case of william wallarS Perkins, who died suddenly
ut the Hoffman House. Monday evening. Edwin
r. Akerley, clerk Of the Hoffman House, deposed that
on. the evening in question he found Mr. Perkins
In bed in q comatose condition. physician was
called in and tried to him by the use Of q
powerful gavanic battery but without avail He
died at twenty minutes past nine p. NJ An empty
half ounce vial, marked laudanuIn. was standing on
the mantel, and several other empty vials.
Elizabeth Allen Perkins, wife OF deceased, testified
that che resides at woodsburg Long Island She last
saw her husband alive "Wednesday, November o.
He had spent the previous day with her and seemed
in his usual spirits; but wac troubled about his
finances. He was in the habit Of taking anodynes 10
produce sleep; he had taken twenty drops OF chloro
form on Tuesday night.
Dr. u. I. T. Marsh, Of Twenty-fourth street. de.
posed that deceased presented all ths symptoms Of
opium poisoning.
An inquest win be held next week
The New York herald., 1878-11-13
MULDOON'S MARE.

Terence Muldoon Of No. 157 West Sixteenth street,
IN October last advertised that he had for sale bay
mare gentle and kind. Daniel Smith, milk dealer,
doing business At No GIL West Fifieth street. called
70 see the animal The beast made fair appearance
and Muldoon praised her to the skies
"But want nag that will stand in the street with
out being tied," suggested Mr.. Smith.
you've come to the right shop" replied Null
doom.
Then Mr.. Smith paid $ss to Mr. Muldoon and took
the mare
Next morning he harnessed his bargain to .
milk wagon and started ont. His first call in East
Tenth street avenue ID, and, giving the reins
little Jerk Mr. Smith leaped out The mare responded
to the jerk with plaintive neigh and Smith paused
the sidewalk to see what II meant Just then the
nag started of like arrow in the direction Of the
river. and Mr.. Smith followed. On reaching the pier
ut the foot Of Tenth street he found his wagon
smashed against one OF the spiies, and in
the gray dawn the going down
stream at fearful rate. He shouted, but
the animal paid no attention and was more.
She carried with her new harness belonging to
Smith, and probably intended to have taken the
wagon along also. Yesterday afternoon Mr.. Smith
arragned Terence Muldoon in the Harlem Police
Court 10 answer . charge Of obtaining money under
faise pretenses. The prisoner pleaded ignorance an
TO the main facts, but Judge Smith said to him. Mul-
DOOM there In considerable Of this sort of thing going
on in the community. and think had better put
. stop to it, Find bail in $500 to at the Cen
erl Sessions" Muldoon was committed in default.
The New York herald., 1878-11-13
THE LEWIS WILL CASE.

The hearing in the Lewis win case was resumed
yesterday at Jersey City before Master in Chancery O.
s. See. The case for the alleged widow reopened
to allow counsel to prove the date Of the printing Of
the marriage certificate offered by her. Her counsel.
Ex-Governor Bedle. offered in evidence certificate of
marriage between Joseph Brown and Catherine
Lynch, at St. Ambrose's church. in this city. on
March 29 1862 The certificate fac simile OF tho
one offered in evidence by Mrs. Lewis, and which
counsel for the government attempted to prove had
not been printed until 1863 Rev. Dr. Gunn pastor OF
st. Ambrose's Church, was the only witness exam
ined, and he produced the church record IN which
was found entry OF the marriage by Rev. DR.. Sill,
who was then pastor, of Joseph Brown and Cathc-
rine Lynch, the date above given. Ex-Attor-
ney General Gilchrist. Of counsel for the govern
ment, crossexamined the Witness but elected no tn
ing except that the handwriting in the record that
Of the late pastor, Rev. DR.. Sill.
The New York herald., 1878-11-13
ASSAULTED ON THE HIGHWAY.

Late on the afternoon OF the 9th inst Mrs. Smith
Foster, residing on Trindy avenue. Jamaica South.
L. l., when returning from woodhaven. with her two
children, was met on the highway by Smith Cornell.
whom she had known for many years. Cornell. AZ
Mrs Foster says, walked along with herself and the
children until they came 70 lonely part Of the road
her residence, when he gave tho children some
money telling them to go back to the and buy
some candy. They started, and were hardly out Of
sight when Cornell, the lady stated seized her by
the throat threw her to the ground and attempted TO
criminally assault her Mr. Foster. hearing His wife,
cries. to her assistance reaching her just in time,
he says, to see Cornell running down the road Mrs.
Foster badly injured and her clothes almost all
torn OF. On Monday evening Cornell was arrested,
aud yesterday, upon arraignnent before Judge Belts
at jamaica be committed for examination until
such time Mrs Foster appear against him. she
being atill confined to her bed
The New York herald., 1878-11-13
REOPENING AN OLD WILL.

Thomas and William Nolan, of Jersey City, through
their counsel Messrs. W. D. DAILY and T. B. Coz. yes
terday began proceedings for the reopening Of the
proceedings in probate of the will Of the late Thomas
Ring, prominent merchant Of Halifax, N s.. who
died In 1862, leaving property Of considerable value
The contestants claim to be the only rghtful heirs
alive, their mother having been the testators only
child A few years previous to his decease Ring
married second time and in his will he bequeathed
his property to his second wife and her relatives and
Catholic institutions and societies in Nova Scotia
making John Tobin, Of Halifax, member Of tho
Provincial Parliament. executor.
The bequests follows:-To his wfo, Cath.
crime Ring all his furniture and plate. several houses
and lots in Water street and his entire business for
Bridget Hennesscy daughters Of his sister, piece Of
land consisting OF eleven acres, with the property
thereon in Gotlinger street, near Fort Needam,
Halifax share and share alike to his nsphews, James
and Lawrence Ring. land in MusQuodofoit, compris-
ing l25O acres. purchased from Rev. James Dumphey
10 his executor. John Tobin, all lands and property
not particularly disposed of in the will the to
be held trust and disposed of judicousy, the pro-
ceeds to b. applied to the settlement of all his debts
and for the benefit Of his sesduary isgatees to the
ifax 500. for the benefit OF the orphans in
their care; TO the st. Vincent de Paul Society.
$500. for the charitable objects of the so
10 his former clerk, Thomas Burrows Shaw, 5000; to
his niecee. Bridget and Ellen Ring. 200 each; to
Rev. James Prior, Superintendent of the Trappists'
Monastery at Trocsde. Sydney, 5000; to the female
convent charge Of Father Francis Xavier Sydney.
$1O0 all realized from the sale and disposal of
his property not particularly disposed Of, to his
niecss his residuary legatees and TO his executor.
John Tobin. $4oo, over and above all commissions he
may receive.
used with the tesator to compel him TO disinherit
them, the testator having written them frequently
promising 10 make them his heirs ]. Norman
Rtchie. o. G.. Of Halifax, has also been retained In
their behalf,
The New York herald., 1878-11-13
SMITHS LITTLE GAME.

thin and shrivelled man was brought into tho
FiftyTeventh Street Court yesterday by an officer
aud ushered into the prisoners box where he shook
~ IL In q it
WHO have we hereY' asked the magistrate.
smith," answered the thin and shrivelled man.
'John Smith"
'You were drunk
NO. sir; I'm q stranger in this part Of the coun-
try" Here the man fell 10 shiverine while his teeth
ratified
s.wen?"
.aod forgive me and protect all here; but I'm from
New Orleans"
He was now shivering with all his might and look
ing fercely at the people in the court room.
Have you then" - commenced tho magistrate.
Eyes, sir. 1 have had the yellow fever, and left
the city before entirely well. Indeed feel Us
II I had IL now
He accompanied these few remarks with violent
contortions and hideous grmaces.
'Smth," said the Judge, "You have played o bold
game but as sent you to the Island from Esscx
Market only short time ago, and New Orleans
could not have been visited since, yellow fever or
not, back to the Island you CO.
Tho prisoner forgot TO simulate any longer and
vainly begged TO be let on.
The New York herald., 1878-11-13
BUSINESS TROUBLES.

meeting of the creditors Of Cockerill Spaulding.
builders at No. $50 West Forty first street. held
yesterday at the Office Of Register Dwight Schedules
presented showing liabilities to the amount of
$4,000. twelve claims were proved aggregating
S15.074 7s. and Morgan J. o'Brien elected as
signee.
At meeting of the creditors Of Rudolph Dun
stan. Wholesale confectQners at No. II Park place.
held yesterday at the Office Of Register Dayton four
claims proved. and John L. Slingerland was
elected assignee.
The liabilities Of Macarthur Co.. dealers in brooms
and brushes At No 1856 Fulton street who have made
an assignment for the beneft Of their creditors,
about $23,O0O
The schedules in tho matter of the assignment of
Isaak Sbersten to Alexander Kstzenburg yester
day hled in the Court Of Common Pleas. The abili-
ties stated at $20,769 03. nominal assets ct
$1 ,647 81 and real assets at 5000 10.
The New York herald., 1878-11-13
BANK TROUBLES.

CLOSING UP THE CENTRAL. SAVINGS BANK OF
JERSEY CITY HKaHTs--R THE
MECHANICS AND LABoRKRS BANK OF JERSEY
CITY.
The directors Of the Central Savings Bank Of
Bergen and Paramount avenues. Jersey City Heights
yesterday notified their depositors that they
had decided to discontinue businAss, and
that all claims presented in due form would
be paid. The institution was opened in
1871 and during its years continuance it was
conducted . very economical basis. The business
Of the bank was very heavy. and the trustees
and officers alternated in doing tho clerical work.
keeping the bank open every evening except Sundays
There salsred officers or employees and the
only expenses the $120 per annum rent were
for fuel stationery and gas. After the enactment Of
the Six Per Cent law business ceased to be profitable
snd ins o. were .nG h nne In
be closed without loss to any one. The officers
are:-Henry Dusenbury. president; orrin Ward. vice
president; Henry Fitch, secretary and treasurer.
RANK REoRGANIzATIoN.
The directors Of the Mechanics and Laborers'
Savings Bank. corner Of Grove and Second streets
Jersey City, held their regular annual sessio
on Monday night and took such action as they be-
lieved would end the troubles and dangers of
pension which for the past few weeks have besct the in
stution One of the directors explained yesterday the
of the banks troubles by stating that about
two years ago the secretary of the bank Mr. Donelsn
called the attention OF the directors to the fact that
the assets were rapidly disappearing. The Executive
Committee took no action in the matter until year
ago, when the committee changed. II was then
learned. the director stated, that John
Halliard the president of the institution had bor-
rowed about $6oO0O Of the assets and given secur
ity number of promissory notes which were not
indorsed. Mr.. HAliard's Indebtedness was with
held from the directors by the Execu-
tive Committee. the latter gentlemen having
implicit confidence in his ability to find
security for the amount He gave security for SssO
of the amount but the security offered for the
due WAS not thought sufficient. and at last 1t de-
termined to bring the matter to the attention OF the
directors. The result Of this that at the meeting
on Monday night plan Of reorganization was pre-
sented and adopted. Dr. 7. @. O'Callashan
was elected president. without opposition and James
J. Reid, secretary of the State Fire Insurance Com
pany. was elected chairman Of the Executive Commit
tee. Resolutions were adopted directing the mem
bers OF the Executive Committee to visit Chancellor
Runyon and. In order to prevent the in
stitution from going into the hands of q
receiver 10 propose that each Of the directors
deposit $1,000 In bank for one year without
interest in order to business The committee
will visit the Chancellor to-day and should the propo
stion be accepted 1t decided 10 pay the depostors
the amount of their claim with the exception OF about
ten per cent and the remainder be paid when suf
hcent surplus shall have accumulated.
The New York herald., 1878-11-13
4 TRAvEI.LER's EXPERIENCE.

NIAGARA FALLS Nov. 5, 1878.
To THE EDITOR OF THE HERALD trtsN
The experience Of A. NJ. K, while shopping In the
Fourteenth street millinery establishment, is pro-
voking reminder Of my own experience in probably
the establishment. only the circumstances in
my more petty. and not worth. if the pro-
pretor had reasoned it ont to himself the sale of his
self-respect. stay Of three months lately in your
famous city and trip twice through the West. have
convinced me that In the American alone can
have firm trust when trading in small things
was charged lately for instance nine cents for the
HERALD and cents each for the other New York
papers at the stand kept by foreigner in celebrated
Cincinnati hotel. Going further West the papers at
stands kept by Americans uniformly Ave cents-a
marvelousy low price for papers coming far. and
/ wonder there can be profit enough to warrant it.
Still five cents is uniformly the price. In restaur
ant kept by foreigner In st. Louis bottle OF Cooks
American champagne the priceof which was to be S3
was charged our bill -. There no wine list
and we had had only to take the waters price 49,
which, when dinner was over, rose to $4. The same
wine At the Lndel. we found afterwsrd, was go
Americans may have-nsy, hsve-their faults but two
prices and petty swindling in small dealings are not
among them. NJ
The New York herald., 1878-11-13
COURT CALENDARs-THIs DAY.

SUPREME CounT-CHAMBEEs-Held by Judge Law
aai aas sss. Ssa q - ssa & ass 2ss. ass. sSo -
SUPREME CoURr-GKNHRAL LTERM.-Adjourned until
December Is.
Van Erunt-Iaw and fact-Nos. SO, $50, &C., $685. GA,
6c5 81, 572 716 eG2 347 525. 2l5 5s7. 502 $685. 6c7
SUPREME CoURr-SPEcIAL TEkM-Part Add
journed until tomorrow.
supnEaE Counr-CRcuIr-Part1 Adjourned sine
die. Part 2-Hed by Judge Barrett.-case on. No.
I420, Bell w. The Mayor, &c. No day calendar. Part
gs45, 1885, eaoi, I5NIs. Ia72 44O 24s7, 1871 25Oe.
1855 1855 iSss is I I1s $685. sSs 1905 s sal a s aaso
3240 2Ol3 1850 24ss 4051 4220 1776 1870 2172 2203,
ss351. 15291s. 3272. 22a5. 222s 2274.
Justice Curtis and Judges Sedgwick and Freedman.
Nos &c. SO, 3s, 49, A. ~, 49, A. 49, &C. a. g. 80 ST. So
SUPERIOR CouEr-SPEcIAL TERx-Held by Judge
speir--Demurrer No. 3. Issues Of fact-Nos. 80,
~ A. g. 63 69. 20. H. 52. TO- IL, H. 49, IA, 70. Jo
SUPERIOR CouRr-TEiAL TkRM-Part Held by
Judge Van yorst.--Case on, No. 6ss. Havemcyer vs.
Havemcyer. No day calendar. Parts and 3.-Ad-
jourped for the term.
COMMON PLEAs-GENEnAL TEnM-Hcld by Chief
Justice Daily and Judge Van Hocsen.Nos. 4, 10. 81.
AZ. AZ. S. g. 20. "a. 79 90 "a, "a l46 7 l4s. lAs.
l5o Isl. l52. il3. 1884, 1856.
term.
Cosnsos PrEn-sPEcrAL TKax-HAld by Judge
Larreinore--- day calendar
COMMON PLEAs-TrAL rgRM-Part Held by
Judge j. y. DaiyNos. 7l3, 1908. 1896 1926. u.s. s7s
lSo9 G lsSl s4o a45 1857. "a go ~ 5,t 'ss co.
MARISv CouRr-TErAL TERx--Psrt Held by Chief
Judge Alker-Nos. 4747 615s. 4s17. 497s 27Os 41e0.
1855 399 4e1 4799 469o 4735, 4949 $685. 5000. Part
2-Hed by Judge McAdan.-Nos: 54ss. 4sl. 3o64.
4iss 1007 1892 49, 4G02 4116 3602 20y2 4558 4519.
3o73. 4435. Part a-Held by Judge shca--Nos. SOFA.
$685. 2o 442i, J0i1, 5l52, $685. 1641 s.4 s95f 50G,
5ol5, $685. 50T7, 46i?.
CorRr op drSEn.L sEssross-part 1--Heldby Judge
Sutherland.-The People Charles Swanson, rob-
berry; Same vs.. James Morris. robbery Same VI.
Emma Brusby. grand larceny; Same William Dris-
COIL felonious assault and battery; Same Va. William
Lawless, felonious assault and battery: Same
Louis Chifnelle felonious assault and battery Same
Louis Wangenroth, felonous assault and battery
Same Margaret Wormcr. burglary; Same Will
sm Drscoll and George Stewart, burglary; Same
John I. Moran and James Martin, burglary: Same
w. John Falbush. grand larccny Same vs. Frances
Henderson. grand larceny; Same va John Powers.
grand Larceny; Same Louis Sarre. grand larceny
Same William Davis, grand larceny: Same James
Finnegan, disorderly house. Part 2-Hcld by Judge
Gildersleevc.The People vs. Frances Shields, feio-
nous assault and battery Same Alfred L. Kendall
burglary: Same Jerry Bertrand, grand larceny
same VI. john McGraw and James Horsey. grand lar
c4ny; Same vs. Peter Mclaughlin. assault aud bat
terry: Same Michael Brennan, felonious assaul,
and battery: Same vs. william Wales, feonions as
sault and battery; Same Henry Henze. grand lar
ceny; Same William Kline. incest Same George
Oluny false pretences.
The New York herald., 1878-11-13
MRS. DEvLIN'S WILL.

The attention Of Surrogate Daley Of Kings county
again occupied yesterday in taking testimony in
the matter Of the viii Of the Late Mrs. Mary Devlin.
Margaret Davis the colored servant was recalled and
testified that while she in her employ Mrs Dew
lin was full Of eccentricities. At time she be-
Ieved that the room was full Of insects. Then she
imagined that people dancing the roofs Of the
surrounding houses. At other times she said she
could zee crowds of little children crawling through
the sewers.
James Devlin testified also to his mothers eccen-
tricities. His brother John was always with her
and transacted all her business. Witness on the
ross-examnation stated that he had heard that
when he (witness) in the Clinton State Prison,
during the war his brother John had paid $1,000 to
secure his release.
The case was adjourned till Thursday next
The New York herald., 1878-11-13
COIIRT OE APPEALS.
AtnAxy..N. ". Nov. n.

ALBANY N. r., Nov. ~, 1878.
The following was the business in the Court Of
Appeals to-day
MOTIONS
Elf Ferris, respondent John Van Vechten
executor Sc. aud others. appellansMotion for re-
argument submitted.
Jehial Griffin and another. appellants. va. Leonard
Il. Winnie rcspondent--0rder to show cause, &C.,
granted
ORDERS.
No. 252 In repitition of Julius Leblsnce. Sub
mitted 81
No 1858. Harvey S. Easton, respondent, Charlotte
A. Pickersgiu and others, appeilsntH.-Argued by
Albert Day for appellants; T. A. Sphinx for respon-
dcnt.
No $40. james Young appellant, vs. william G.
Campbell, rcspondent.A-Argned by j, Il. Dewey for
appeaut w. X. Paige for respondent
No. 3T1. ia the matter OF tine application OF the
Brooklyn, Winheid. &c. hallway Company Argued