davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1878-11-28
A MERCIFUL SENTENCE.

During the night Of October last screams issued
from the shanty at No. 3l7 West Foryrst street. but
no notice was taken of the noisc In the morning
Henry Nagle, cabinet maker. reported at the police
station that his wife Ellen q dying condition
She found. with her face bruised and in pool Of
blood lying bed and before her arrival at the hos
pital she died. The Coroner's Jury found that she
came to her death ut the hands Of her husband and
an investigation revealed the fact that both Nagle
and his wife had been given to incorporate
habits and had frequently quarrellcd. On the night
in question she had drank to excess. and IL his
semi-drunken aud exasperated state Magic struck
her several times There also marks Of violence
about her throat death resulting in compression Of
the brair. The prisoner, who indicted for man
slaughter in the first degree when first arragned in
Part of the Court Of General Sessions, before Judge
Gildcrslecve, rendered through his counsel. Mr..
William Il. KNITTING. plea OF guilty Of manslaughter
in the fourth degree, which accepted The pris-
oner diminutive. forlorn looking individual. was
called to the bar yesterday for sentence.
Mr. Knitting made a strong appeal to the Court for
mercy urging mitigation of sentence the wretched
prisoners condition ut the time of the occurrence.
and claiming that intention to kill had ever
tered his mind. Judge Gildersleeve remarked that
all the clemency of the Court had been exhausted in
accepting the plea Of manslaughter in the fourth de-
gree and sentenced the prisoner 70 two years In tho
State Prison.
The New York herald., 1878-11-28
PARTNERSHIp QUESTION.

Judge Larrcmore has just rendered decision In an
action brought in the Court of Common Pleas by
James 8. Walk against John Friedrich for dissolu-
ton and settlement of alleged partnership formed
by them in the purchase of tho contents Of a drug
store in the Bowery. Walk claiming that he Informed
Dr. Friedrich OF the chance to purchase and that they
agreed to become partners in the transaction the
Doctor to pay the purchase price, tho stock then to
be sold and the proceeds to be divided after REIN.
bursting tho amount OF his advance. The occupied
three days in its trial. and vigorously contested
several witnesses for the plaintiff testifyng to his
version. while the defendant aud large number OF
witnesses testified that there partnership;
that the purchase male upon his own account
that he paid all the money for the goods, afterward
sold 4 portion and gave to the plaintiff the balance
for his services which accepted in full Tho
produced bill of sale under seal uted
10 him alone of the stock in question. Mr. A. II.
Reayey counsel for the defendant, made lengthy
argument, claiming there no partnership; that
the bill of sale conclusive. and that the plaintiff
was a mere agent and paid in full for his services.
Mr. B. Il. Einstein, for the plaintiff argued that the
partnership established by the fact of the
defendant dividing the unsold stock. Judge Larre-
more in his opinion says the testimony il very
fcting and arrives at the conclusion that the
action was for the mutual benefit of both parties
and thus constitutes them partners
The New York herald., 1878-11-28
COURT OF APPEALS.

In the Court OF Appeals. Wednesday. November IT,
Present Hon. Sanford II. Church. Chief Justice, and
associates .
No. 37y Case Vs. The People.-Argument resumed
and concluded.
No. 3sl. Ebcr w. Brown, plaintiff in error. Va. The
People, defendants in crror.-Submitted. -
No 9l. Adelia Boree, appellant, vs. Melvin NJ hings
respondent.--Subnitted.
No 100. George Duryec. respondent, vs. Andrew
Lester. appellant.-Argued by A. ). vanderpoei for
No 40. Alexander Mcmillan respondent vs. Tim
othy Cronin, executor &c.-Subinitted
No. So. Andrew j. Belknap. appellant, Vs. Wendall
NJ Bender ACKNOWLEDGEMENTS ny A. Coburn foR
appellant and q. ID. Adams for respondent.
Court adjourned to Monday, December = 1878.
DAY CALENDAR.
The following is the day calendar for Monday, Do
ccrnber 2:--Nos. rs, 32, 80, 100, 10, AZ, l05. Ga
The New York herald., 1878-11-28
RELEASING A SEIZURE.

On the 22d inst very heavy seizure Of jewery was
made by Inspectors Chalker and Mitchell from the
persons of Messrs p H. j. vangoechia. ]. ID. Morena.
L. valestas and y. veachio Rada passengers arrived
here on the French steamer Labrador. The facts of
the presented to the Secretary OF the Treas
ury and being shown to his satisfaction that these
gentlemen intended the jewelry for the South Aneri-
market and not for In this country, aud that
they carried the valuab la their pockets for safety
only, u release of the ordered In accord
with the Secrotarys instructions the owners OF
the goods compelled to pay tho charges OF the
seizure, and the jewelry sent board the stea-
ship Andes which sails to-day for Savanilla, and
bonded for south America.
The New York herald., 1878-11-28
ONE OF GRANTS PRESENTS.

Asomewhat curious suit. brought by Susan XII
leen. administrative of her husband Captain Angus
us Killeen. against J. Alexander came to trial yes
terday in the Court of Common Pleas. before Judge
J. L. DAILY The plaintiffs husband. it would seem.
in his lifetime the captain of the good
Danish schooner Grasmere, and valiant and
hardy seaman. When the disaster to the
American steamship d. c. Hoskins occurred Off st.
Thomas the captain. it is stated, exhibited rare
courage and with the true mariner spirit jumped
overheard and rescued nine Of tho crew of the i'll
fated steamer by attaching rope to each OF them.
For this act of bravery, stated he presented
by President Grant in 1869 with hand
some gold watch. suitably inscribed with
words memorizin9 the decd. This watch. which he
valued account of the associations and intrinsic
caly at 81 100, in due course of time was given
to the defendant for an advance OF $780, which the
captain required After the death Of Captain Kleen.
which occurred shortly afterward the plaintiff went
to the defendant and asked the return OF the
watch, and she then discovered that the
inscription had been obliterated The de-
fendan states that he purchased the watch from the
captain $780, with leave him to reItlrchase 1t
in year. and that the market value OF the watch
VIXEN only $3.50. This action was brought
for injuries to the watch on account OF the ef-
facing or its inscriptions and for its alleged con-
version. At the close or the case. yesterday. Judge
DAILY allowed the plaintiff to withdraw juror i'll order
to permit her to produce proof from the records 1t
Washington from Mr.. Fish, former Secretary OF
Congress or President Grant, there being want OF
proof this point. Thomas Nolan and Mr.. Sexton
appeared for the plaintiff and Sidney Stewart for the
defendant
The New York herald., 1878-11-28
UNITED STATES SUPREME COURT.

WNHHINUTUN, NOV. II, ISTH
In the United States Supreme Court. Wednesday,
November ~. 1S78:-
No. "a. George D. Peters. appellant vs. w. Y
Elliott, administrator, &c.-Submitted by Mr. J. Il
Chalmers and Mr. M. L. Woods for appellant and by
Mr.. ii. L. Elicit for appellee.
No. 3. The United States. appellant. vs.. The Union
Pacific Railroad Company ct ai.--Argnnent continued
by MIR. w. u. Russell and Mr. Sidney Bartlett for APP
pellccs and concluded by Mr.. Attorney General Dew
ems for appellant.
No. 80 The American Emigrant Company, appel
liant. vs. The County Of Acknowledgements COIN.
menced by Mr. N. NJ Hubbard for appellant.
Adjourned until Monday, ut twelve O'Clock
The New York herald., 1878-11-28
REAL ESTATE.

The following sales were made on the Real Estate
Exchange November 27:-
KENNELLY.
Conptrollers sale of the old police station house
Leonard with usual sized lot to C. A. stevens 50 500
LOUIS MEskR
Dwight II. Olmstsad. referee-Foreclosure sale OF
two lots. each 25xIo011, IL. y. Of East 1O4th St.,
"A $50 IT. Q, of Sth also two lots oach 25xloOll,
tavns VOTERS ........................ 1900
Total .....................S SD 2OO
The New York herald., 1878-11-28
THE COURTS.
An Alleged Wealthy Lady Impris-
oned for Vagrancy.
DAMAGES AGAINST A RAILWAY COMPANY.
A Memento of Grants Generosity the Sub
ject of Legal Dispute.
DAMAGES AGAINST A RAILWAY COMPANY.

Committing wealthy woman revelling In satins
and diamonds for vagrancy would seem to be some
what Inconsistent Such . case. however, was
the subject Of an argument before Judge
Lawrence. in Supreme Court. Chambers, yes
terday. It would seem from the statement
made by Frederick Freer that Mrs. Josephine Cerus
alias Mrs. Martin. for whom he appeared as counsel
arrested on the Goth inst. on the complaint Of
her mother. andby Judge Otterbourg committed
to the Kings County Home for Incbriates yagrant
and habitual drunkard. Mr.. Fracr stated that he
was retained by Mrs. Cerus to out writ of
habeas corpus. and, proceeding to the institution
in Brooklyn. asked to Mrs. Cerus. but
informed by the matron that she was
instructed by the mother of his client not to
allow any one to her. He served the writ, how
ever and then succeeded in obtaining admission to
her presence He says that he procured an affidavit
setting forth that she was resident OF New YORK.
and that about four weeks ago she had in her posses
sion nearly 81 600 iii cash. 1t was alleged that she
has for long time supported her mother
and friend OF the latter, and also her two
aunts and paid all their bills. She owns house and
lot in Brooklyn, III New street, and now has about
$500 in cash about her person. She has also in her
possession set OF diamond earrings worth u, ,O0O
and upon her finger fine diamend ring
OF about the value She denies the
charge of her mother that she has been in
q state of intoxication for long time and stigma
tzes the OF her mother and her friends acting
In the matter against her conspiracy TO have her
committed upon bascless charge OF vagrancy anu
then take possession Of her property and money.
On the argument yesterday counsel for tho Inebri-
ates' Home claimed that the writ was Improperly
granted as the body of the defendant was in an ad-
Joining county, ana the writ should have been sued
out there Judge Lawrence held, and dismissed
the writ without prejudice, however, to renewal OF
the application in Kings county II is understood
that new writ will be immediately taken OUT In
The New York herald., 1878-11-28
A RAILWAY COMPANY MULCTED.

n htilLWA4 SoJlI hOLIOA AIA|'
Last September lad named Michael McKenna was
killed by train passing him at Seveny-second
street. and his father, Patrick McKenna. adminis-
traitor, brought suit against the New York Central
and Hudson River Railroad for damages. The facts.
MS revealed by the testimony taken the trial.
which had before Judge J. +. DAILY in the Court
Of Common Pleas. are these:--The deceased jumped
from q train going north. near Seventy second
street and falling fiat between the : tracks,
was temporarily stunned. having struck on his
head A down train about Ave hundred feet
distant when he fell. Some contradictory testimony
was given on this latter point The engineer and ire
man on the down train that the engines of the
two trains almost abreast when they saw the
boy fall and it was. they beloved impossible to stop
the down train before passing the boy The engine.
tender and two cars passed without touching him;
but as the last Car approached he iAvoluntarily
turned his body and his and legs We're crushed.
from the effects Of which he died few hours after.
One Of the witnesses, boy fourteen years OF age,
who lives near the scene OF the accident. posi-
the road, 1000 feet distant from where the boy
McKenna fell 1t was claimed that no efforts were
made to stop either train. Experts showed that had
the down train used the best air brake 1t could have
been stopped within 200 feet, whereas the engineer
deposed that with his brakes he could not have
stopped his train within less than COO feet his train
running ut fifteen miles an hour.
In his brief charge Judge DAILY submitted this ques
ton Of fact to the jury Gould the engineer have
jury rendered verdirt against the company for
$1,000. NJ. S. 4 ]. S. Isaacs and A. L. Sanger APP
peared for the plaintiff. and Frank Loomis tor the
company.
The New York herald., 1878-11-28

disposes with the necessity for regular demand
The president WAS AN officer to whom the demand
could properly be made and his acts III that re-
spect bound the corporation In regard to the
fact of the shares being levied upon by
n creditor of the former owner, after
such owner had transferred them to the plaintiff.
Judge DAILY holds that, rs the bank is not credltor
OF the plaintiffs assipnor it cannot attack the trans
fer OF the plaintiff for fraud. It stands ne con-
cudes. indifferent between the plaintin ana tho
creditors of the former and unless restrained
by competent authority cannot refuse the right OF
transfer in its books the former" He accordingly
gives Judgment for the plaintiff
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19

Territorial republican papers please copy.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
LOST MS BET.
Springfield Times.


Rather an amusing circumstance occurred
at the store Of Bonestcel & Turner last Fri.
day. r. A. Potter, Of Sioux City, accom-.
panied by Mr.. Albert Wilcox, Of Yankton,
were here doing our town. Of course. they
took the mammoth store of the above firm
in, and while doing go bet was made by
Potter with Wilcox, Of the cigars, that he
could not ask for any article that Messrs
Bonesteel & Turner did not have in their
store. Mr.. Wilcox felt certain he had that
bet corralled beyond the possibility of ,
doubt. Accordingly, he sought out Mr.,
Turner, and with an air of serene confidence
proceeded to ask him if he had second.
hand pulpit for sale.
"Any what 2" asked Mr.. Turner.
"Any secondhand pulpits for sale."
"Second-ha pulpits" unused Mr.. Turner
scratching his head. "Oh, yes, we have go
just one left, good one too; will sell il
cheap. One We had made specially for .
long legged preacher that used to come her.
to dispense religion and morality. Just ster
this way, Mr.. Wilcox, and I will show it t
you"
Mr.. Wilcox did not care to examine III,
pulpit. In fact he felt too cheap to buy
anything. The pulpit was there neverthe
less, and Mr.. Wilcox was satisfied to pur.
chase the cigars and say nothing more abou
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
scHuRzs OPINION OF THINGS.

Washington, July 17.-Secretary Schurz
to-day being asked his opinion ~ to the re-
suit Of the consultation between the Indians
and the commission recently sent out to
Dakota, said Hayfs mission has not failed.
All the objects mentioned in the letter Of
instructions have been complied with.
ought to add that the removal of the Sioux
would have taken place long ago had not
congress 90 long delayed appropriations for
that purpose. The department asked for
these appropriations at the October session
several times BY letters addressed to the
speaker of the house without result. All the
promises made to those Indians have been
and are being complied with, and the Sioux
chiefs have repeatedly expressed satisfaction
with the manner in which supplies are de-
livered to them, also to the quality and
quantity Of the supplies.
Question. Has not the discovery ofswind.
ling operations carried on at Crow Creek
agency by DR.. Livingston been surprise 70
your Asswer. Not at all. knew all the
details Of Il several weeks ago. The fact il
that had the cass transmitted 70 the depart
msnt Of justice sons weeks ago for The pros.
ecutioo Of offenders and i now in The hands
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19

The Chicago Tribune's Grow Creek cores.
pondence contains this item:
Hammond's life has been threatened BY
anonymous letters, and it is freely asserted
that it will be taken if the ring can't break
him down by slander, and force q compro-
mise.
Hammond has been making public this
statement for the past six months, and has
thereby rendered himself the laughing stock
of every one who knows that if it was true
hewould leave the country without mo-
ment's delay. He is not courageous man
BY any means, and while there is no dispo-
sition to harm him because of his acts, if he
seriously thought there was. railroad steam
could scarcely evoke swiftness sufficient to
accord with his notions of safety. The sug-
gestion of a compromise reminds US of the
efforts he made in that direction the last
time he was in Yankton. He was anxious
to do anything to fix up this matter-to
place men back where they were before he
disturbed them, so far as he could. But his
proposition for compromise were not &C.
cepted and when he was once more alone in
the Indian country his normal condition re-
turned and Hammond was himself again.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19

Of the district attorney Of Dakota. The
secretary says this campaign against Indian
agaats was planned In his Office, and reflects
not discrsdit but honor on the Indian bureau.
He declares these discoveries vindicate The
Indian service which 10 trying to break up
the abuses Of years. He promises further
developments in future - the result Of pend
ing Investigations. The present policy Of
getting reservations and putting them to
farming and stock raising ia easily framed,
but difficult to carry ont. 1t needs the Co
operation Of whites and patience to accom-
plish it. He ID confident the Indisn service
can be made honest.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
THE TURKISH PEACE,

The treaty of Berlin, just concluded and
signed is regarded as the most important
event in European history In this century,
at least since Waterloo. The great
war waged by Russia has its fruits
for civilization and good government,
whatever friends of Russia may think
of the apparently small returns she
has directly received. The end of Turkish
misgovernment is reached and liberty is se.
cured for all the Christian populations in
south eastern Europe. AS these are main.
ly Of the Greek church and as Russia is the
head Of that she has that great gkin. Ser
via becomes free, independent and self.
governing state With enlarged boundaries
Roumania meets . like reward for the
splendid bravery Of her troops at Plevna
and other battles. Bulgaria proper, north
of the Balkan mountains, is erected into q
free, self:govering state. with its own courts,
and juries. free from Turkish pashas. All
Turkish fortresses are destroyed and Turk
ish power completely withdrawn. The
bCos Va &VvSAuACut 40 4C.SuS0UlJ6uCU ~ ltS
ancient capital Sirnova. They pay an an.
nual tribute to cover their share of Turkish
debt, and this alone marks Its relation to
the Ottoman empire. The smaller states
fare equally well. Brave little Montenegro
is free; the mountaineers have won their
Independence. No more can Turkish muir.
der be protected by Ottoman despotism.
Bosnia and Herzsgonia 60 un-
der the protection Of Austria.
but their precise relations are not yet
made known. They are doubtless favor-
able. Russia gains in territory At the mouth
of the Danube and In Asia Minor while the
question of money indemnity is deferred
Thus far extends the decided European
changes, leaving Greece to gain small
strip Of ofterritory, and the Turk is confined to
Constantinople, while important guarantees
OF liberty are given to Roumelia, the pro.
vince south Of the Balkans and adjacent to
Constantinople. Fe 500
The Asiat,c situation d greatly improved
by the special treaty between England and
Turkey whereby the freedom for different
religions and q Just government ore secured
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
or al Syria and Asia Minor, whIlc Eus.

for oil Syria and Asia Minor, while Eus.
land occupies Cyprus as . means to this
guarantee. Thus that dark part of the
world Is opened to liberty and the vital In.
tueaces of tho westesn civilization. The
great and Oft repeated struggle between Eu.
ropean liberty and activity and Asiatic In.
dolence and despotlsm Is again decided for
the former. They first met at Marathon
400 years B. @; and the varying features Of
that contest have formed one half of the
worlds history since. The many sided and
advancing western civilization and the
Christian religion are again and, 1t seems
finally triumphant upon the historic fields
OF Xerxes, Alexander. Mithridates and the
Crusades.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
vEGET|NE
FOR DROPSY,
INever Shall
Forget the First Dose.

PROVIDENCE.
MIR. H. Il. STEVENS -
dropsy. was confined to ny house more than
y year. Six months of the time was entirely
helpless was obliged to have two men help
me In and out Of bed. ! was swollen 10 inches
suffered all q man could and live. I tried all
remedies for DrOpsy. had three different doc
tors. My friends all expected would die many
At last Vegetne was sent to me BY a friend. I
never shall forget the first dose could realize
its good effects from day to day I was getting
better. After had taken some 5 or bottles
now quite fast. After taking some 10 bottles. /
could walk from one part Of my room to the 9TH
e,r;, er; NY appetite was good the dropsy had at
tine I! unit! init regainsd MM MM my usual health: heard
got out and was able to attend to my work.
am a carpenter and builder. will also say it
has cured an aunt of my wife'S of Neuralgia, who
had suffered for more than 20 years. She says
she has not had any neuralgia for eight months
have given it to one of my children for Canker
Hnmor have no doubt in my mind t will cure
i Is safe to give a child. will Recommend it to
the world. My fatleri 80 years old, and he says
there is nothing like it to give strength and life
to an aged person. cannot be too careful for
tile use Of 1t. l am,
''' s'"'e'JeS J6hN SS%sS $. SorTAGE.
ALL DISEASES OF THE BLooD.-If vegetine
G sssYe Rn s u aaa ss
after trying different physicians, many remedies,
suffering for years. Is 1t not conclusive proof, If
you are Q sufferer, you can be cured? Why is
works In the blood, In the circulating fluid. 1t
can truly be called the Great Blood Purifier. The
great source OF disease originates in the blood !;
and no medicine that does not act directly apOn
it, to purify and renovate, has any just claim up
on public attention.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19
vEGETINE
OWE NY HEALTH
TO YOUR VALUABLE
vEGETINE.

NEWPORT, Ky, April 20, 1877.
MIR. H. R. STEVENS
Dear Sir:-HavIng suffered from breaking
out of CankerOus Sores for more than five years,
caused by an accident Of a fractured bone, which
fracture ran into running sore, and having used
me, until had taken six bottles Of your Valuable
medicine which Mr.. Miller. the ap0thecary, rec
commended very highly. The sixth bottle cured
me, and all can say, Is that owe my health to
your valuable Vegetine.
Your most obedlent servant,
ALBERT Won ROEDER
diseases for which tile Vegetne should be used,
know Of no disease which will not admit Of its
use, with good results. Almost innumerable
complaints are caused by poisonous secretions in
the system by the use Of the Vegetine. When
the blood Is perfectly cleansed, the disease rap
IDLY Yields all pains cease healthy action is
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-07-19

i
All those who have heretofore acted, or now
desire to affiliate. with the republican party OF
Dakota, are cordially invited to meet in their re-
spective counties and select delegates to repre-
sent them in this convention.
The attention of republicans is called to the
necessity OF nominating candidates for district
attorney in Irrespective districts and as there
are no district committees, the territorial COM
mttee suggests that the delegates to this conven-
tion be authorized to appoint committees for
their respective districts, to call conventions for
this purpose.
&C MOODY. Chairman,
L. ID. F. POORE, Secretary.
MARK w. BAILEY,
JOHN HEAD,
j. l. JOLLEY,
ALIEN. HUGHES,
G. A. LOUNSEEIsRY,
B. +. CAMPBELL,
L. B. CHAMBERS.