davidaulloa/AmericanStories huggingface dataset:
The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1878-03-23
1.-THE TREE IS XN0WA BY rs FRUIT

"Tu,t's Pills are worth their weight" gr,
RGJ. |. 3. SIMPSON, Louisville, ~.
"Tutt's FIJI, g.. >lNc ial blessing ct the min.
,een,h century. "-RrVF. r. OslOoo, New York.
"1have used T.,s's = lis for torpor Of tie liver
They are superior 10 any medicine for hillary dis
orders ever mad, :.
!. p. CARn, Attorney st Law, Augusta, CO.
II have used TUFTS Pills five years in NY family:
They arc uncqualcd torcostiveness and b''lusae>'"
+. r. WILSON, Georgetown, Texas.
~ have used TUFTS Mcdicine with great hen, ft'
W. w. MANN, Editor Mobile Register.
awe sell fftv boxes TUFTS Pills to FIVE c; all
Others "-sAYRE & CO, Caetersvi'le, Ca.
"Tutt's Pills have only 10 be tried to establish
their merits. They wo,k like mage"
w. n. HAR2ON, sc Summer g., Boston.
"Thcre is no medicine SO veil aAa,',ct to, tie cure
of bilious d. or rs vs. TUFTS Pill"
JOS. eRJMMEL, Richmond Virginia.
AND A r. 51$ q No MORE.
Sold bv druggists. rs cents a Dor. Office
80 Murray STREET, Neso York.
The New York herald., 1878-02-09
NEW YORK HERALD. SATURDAY, F.

that the clear the eject that neither
OF the schooners was al fault, and II u therefore
urged the hbellants should not be compelled TO
take up win but half the amount Of the actual dam
age suffered II. J. Scudder for Robinson. j. II.
Choato FIR schooner and r. Il. Huntlcy ior steamer.
No. 2l3 Hutchinson Va steamer Northheld and the
Staten Island Railroad Compaay-Appeal IRON the
Circuit Court for the ~0Uthern District OF New York..
This libel by tho appellant against tho steamer
ana her owners the railroad company 10 recover Tor
the sinking of the schooner Hero between New York
and Staten Island, May 49, 1865 Tho Hero was at tho
time IN tow oil the tug Hunter, passing from Hsbokcn
the west side OF Governors Island. The steamer
plying from New York to staten Island ierry-
boat. The decision was that the Hunter at ault
In stopping when the collision was imminent. con.
trary the rule which requires continued course IN
such cases. Itis here urged shat the pian duty
OF the steamer, having tho tug on ner starboard 10
keep out the way, aud there ample room Tor
this purpose Tue force OF the tide invoked In ner be-
half u IL SAID does not excuse her; her officers were
iamillar with tho currents and with her ability 10
withstand them. They traversed the course upon
winch The collision occurred several times each day,
and possessed superior knowledge Of It's pccuartes
II said that the speed OF the steamer was TOO
great. II. J. Scuddcr for appellant and William A.
Beach Tor apellees.
The New York herald., 1878-02-09
THE COURTS.
Important Suit Against the American
Exchange National Bank.
MECHANICS LIENS.
Bonds Of the Alabama and Chat
tanooga Railroad.

legal question of interest TO dspositors In banks
IL presented in suit just commenced In the Marine
Court by General Joseph q. Jackson on behalf OF Ed
win o. Goodwin against the American Exchange
National Bank OF the city Of New York. IL appears
from complaint in the case that on or aoont the
ad Of April 1877, the pIaintn was the lawful owner
and holder oi a draft bearing date March 26 1877.
drawn By the cashier Of the FIRST National Bank OF
Gsorgstown State OF Colorado, on the Bank OF North
America, OF tins city. aud requesting pay
mept OF $40 tho order OF 4. Relyea.
Ihe draft was indorsed by Relyea and also
by plaintiff and delivered to defendant Tor COLLECTION.
America aud pad the proceeds credited TO plain
TIN on the books Of defendant Six months aiterward
defendant deducted the samc sum from piaintin's
Account notwhstanding in all his business dealings
during the SIX months the plaintiff had relied upon
this sum standing good 10 his credit. Inc question
raised in tho suit Is whether, under such clrcum-
stances tho defendant could Withdraw such credit,
paiDliG insisting that cIuid no and the object
oi MS being TO enforce ment oil the amount by
the bank, MS money mad and received on his account.
The New York herald., 1878-02-09
A FEROCIOUS DUEL.

[From the Nevada (CaL Transcript, Jan. 20
Al Bodie, Mono county, on Tuesday afternoon, Jack
Braslan aud named Blair, VINO havo for somo
timc been partnership In their business oil mining
and prospecting, met in the barroom OF Poilock's
boarding house and commenced angry dispute
cerning the terms OF certain location they had
Gently made. Thoy were both undor The influence OF
LIQUOR, Braslan than Blair After quarreiling
Tor some lime Braslau exclaimed that 'chief"
which claim Blair disputed saying that he was willing
~ light him at any dstauce, from q handkerchief
length TO iorty PAGES This challenge Braslan-whose
pistol and belt wero lying the floor short distance
IRON him--accepted, asking Ior time to "hee him.
sell, which he proceeded 10 DO by buckltng on bis
belt the Two went out In the street, appear w
pleasantly disposed toward ono another than they
had been at any other tlmc durnq the day. Placing
one they fired effectively, Blair being struck
the shoulder ana Brssan IN the sido. Alter The first
shot they both hred rapidly, until thcir revolvcrs,
each sixshooter, had been entirely cmptied Alter
the smoke OF the twelve rapidy hrcd shots cleared
away botn men appeared riddled with shot, blood
from their wounds crimsonne tho snow al every step
they took. Neither seemed 10 have been satishcd
with the result, each starting Tor q fresh pistoi.
Brasian returned 10 the barroom ana Blair started
another pistol from an acquaintance, with which he
returned TO the barroom and shot Braslan In the ABB
domen, innicting wound OF which Braslan iied In
about fifteen minutes Alter nrng the last shot Blair
foil 10 the floor the great loss OF blood Hc was
moved 10 The cabin OF afriend, where, upon exami-
nation, he found 70 have been shet In four differ
ent plscs&
The New York herald., 1878-02-09
DECISIONS.
SUPREME COURT CHAMBERS.
nv Iudga nanahua

BY Judge Donohue.
KeIngsld Vs. kIeBgeld; First vs. First; Sinslar VS..
pine vs. Lappine; Farcbiid va Gonzacs.-Grantcd.
EDernardL vs. Schuster; Burchel VS.. Karl; Burchell
VS.. .FronmanD.-Motons granted.
Chesebrough Vs. Daily; Chamberlain vs.. Sloan; Lane
VA aDuncan.-Mcmorandum.
Stalk uecnt VS. Pennsy lvania Railroad Company;
Mason VS. NEUTRALITY-SUSPICIOUS. denied
Devcrna VS.. Holcie. -Dsnied.
Livins sston vs. Wheeler.-sec memorandum inside.
stockwelI vs.. Hastie.-Summons set aside.
Union Consolidated Mining Company VS. Raht-
Notion denied, with costs
smyth vs. Lombardo.-Moton granted on giving
bond IN $o.OO0.
gwen bill OF particulars.
United STATES o Mexico vs. Duncan-Not 70 bo SUBJ
milted without papers unless by consent
By Judge Barrett
De Bonay VS. Cary.-Granted.
suPnIME coURT-sPECIAL TERM.
BY j udge Van Worst
Watson VS.. Kerwin decree signed.
Saaler vs. Casey.-Order signed
supELIoR coURr-spECIAL TERM.
BY Judge Freedman.
Mutual Lie Insurance COMPANY VS. Daves-Ali
Tho proposed amendments are allowed and the pro-
sosed aauitlonal requests refused.
BY Judge SANFORD
Kavns va Solomon.--Order striking out certain
paraeraphs OF compIaiuI with 50 costs
scnIsmov,tz vs. Walker.-0rder staying proceed
lngs pending appeal granted
mon wealth Lie Insurance Company Order OF sub
sloane vs. ns--Order appointing James l..
Ondcrdonk receiver, &C.
Nav OF al vs. Klous et aL-0rder granted and un-
dsrtakings approved
The New York herald., 1878-02-09
SUMMARY OF LAW CASES.

In the SUIT brought by James Mason against John
H. washburn and others, involving the question Of
the sale Of tho Brooklyn, Flatbusn and Coney Island
Railroad, tho iscts Of which have been published,
motion was made TO enter judgment on the answer
frivolous, and Judge Donohus yesterday denied the
motion.
A dispute is still pending in the Courts between
James Deverra and Ferdinand U. Hoefell as TO tho
ownership OF the propretors OF the Spectacular
drama "baba." Recently an injunction was granted
restraining Mr. Hoeie who has charge OF The proper
ties from disposing OF them Judge Donohue ycster-
day denied motion 10 vacate this injunction.
Maoei Leonard was again brought before Judge
DOnohue by her counsel Mr.. William +. Howe yester-
day and application made for leave 10 relcase Mr..
Frank GiraTd from further duties as her guardian.
Judge Dononuo expressed himself thoroughly satisfied
WIN the manner IN which Mr.. Girard had discharged
his dutes and remanded her back 10 his custody to
Included IN the estate left by David L. Haight were
tho and buildings Nos 55 Maiden lane and 20 Cedar
street, The same beng lett In trust 10 trustees some
thrty-nve years ago. The original trustees havs died
and present trustee, h. B Bacon, applied ycster-
ecnors the late Jonn Halsoy, Jr. who was trustee
OF estate Tor many years. 10 render an account OF
his urustseship. Judge Donohue yesterday directed
IN oruer OF reference IN the case.
William A. Lehman commenced suit in the Marine
Court recovery S., 900 damages from Francis Ncl-
son. The suit was commenced by the service OF the
summons only, and the defendant gave notice OF ap-
pearapce by his attorneys, Messrs Graut Lydecker.
and demanded copy Of the complaint The plainth
failed TO serve copy ol hts complaint within SIX
days. the time prescribed by statute, and for this r.
regularity Judge Sheridan, IN Marine Court, Cham
bcrs yesterday granted an order dsmssng The pain-
trs suit
Henry Hentz Co. alIcgs that In January last they
entrusted 167 bales OF cotton, worth s. $50 40 10 IL.
W. Cutter Co. to send for them 10 certain parties In
Aassacn usetis but that instead OF forwarding Tho
cotton they sold II aud appropriated the proceeds 10
their and then ned the city. SUIT has been
commenced In the superior Court against the alleged
aDscondng parties, and yesterday Judge Donohue
granted an order allowing service OF the summons by
publication.
The New York herald., 1878-02-09
JUDGMENT DAY.

In tho Court Of Quarter Sessions, at Jersey City,
yesterday, the following sentences were pronounced
by Judge Honman:--James Cassidy and John Nc.
Cool, eighteen months each In the state Prison I;
William Scanlan and Michael Cassidy, ten years
each in the State Prison; Frederick Fauss,
SIX months; Fanny Miller, SIX months; Frank Rod.
gers, three months; Henry Waideman, tnree months.
One OF the prisoners alter having been taken 10 jail,
ioll his kDcss and asked that ne might not bc
taken to The stale Prison wno General Mott
there
A petition Is In circulation In Hudson county ask.
Ing tho Legislature 10 impeach and remove General
Mott from tue State Prison. Is rumored that udgo
Holman will reconsider the TIL the lecisa.
tive committee snail have made a report In regard 10
tho crucltles the State Prison Thore Is universal
clamor throughout Hudson county that no more pris-
DO sent to Trenton TIL the charges against Gen.
eral Mott DO thoroughly sifted.
The New York herald., 1878-02-09
MECHANICS LIEN LAW.

Judge J. +. Daily yesterday rendered IN important
decision suit OF Francis Bunbridge and another
against Peter Hart and anohor which he discusses
the provisions OF the Mechanics law of 1876. The
suit brought to forecioso mechanics lien on prop
erly in this Guy and for personal judgment against
Hart the contractor 10 whom the plaintiffs sold ma
teria for building such property The case came
before Judge Daily motion by the defendant Hart
10 vacate order OF arrest against him. Judge
DAILY holds that under tho code mechanics
liens TO DO enforced by civil action, as
in foreclosure suits ON real property. and that
plaintiff claimants under the mechanics
lien can enforce a personal judgment against tho
con tractors otner person liable TO him. On con-
tract judgments against the CONTAGIOUS are rem
dered irrespective OF the CLAIMANTS ability TO enforce
the lien against the property or 10 enforce per-
sonal liability against the owner IL would seem, no
says that IA creditor in civil action under mechan-
ics lien, in which nc rs entitled to personal recov.
cry should have all the remedies allowed IN civil
tons by the code ana among others the right to an
order OF against such debtor Tor fraua in con-
tracing Inc debt, which Is the basis OF the action
Alter discussing The questions involved at some
length Judge Daily nnally denied the motion with
out prejudice, however, 10 It's renewal
The New York herald., 1878-02-09
UNITED STATES SUPREME COURT.

No. 1so Steamer City OF Hartford OF al vs.. Robin
and two other casesCross appeals from the Cir
cult Court Tor the southern district of New York
This litigation grows out OF collision between the
steamer City Of Hartford and the schooner Oakes,
one OF two schooners in tow by the tug Unit In tho
East River by winch the schooner Oakos was sunk
with "A cargo OF Robinson's on board. The own.
OF the schooner ana Rob lbced the steamer.
and each were succossiu below, except that tno CIR
cult Court reduced the decrecs Of the District Court
by ono-haii, holding that bolh the tug and the
steamer wsro ~ fault. The steamer here maintains
that II was solely the iault OF the tug
mat there collision; that the latter
aid not give the right Of way TO the
steamer, when, under the rules OF navigation, she
MAS emitted 10 IL On the other hand 10 II mstntained
The New York herald., 1878-02-09
GENERAL SESSIONS-PART 2.
Before Recorder HacketI

THE CHANTIcLEERs FRIEND.
Charles D. Jones, Jamcs Scott anc Patrick Corri-
gan were arrsigned at the bar yesterday charged
with violating the laws of tho Society for the Prevcn
tion Of Cruelty 10 Animals. The accused were ar.
rested by Oaoer Foley in stable IN Colister street
for nghting game cocks. When called Tor trial yes
terday the prisoners, who are employees OF ME- A. X.
whitney, ember OF the Society Tor tho Prevention
OF Cruelty 10 Children, through their counsel,
Mr. William +. Kintzing, rendered a plea
Assistant District Attorney Russell said that this
In which the clemency of the Court might well
fighting the birds, the third holding lantern The
showed shat Tho policeman who made the arrest,
ana who was in citizens clothes was informed by
Ittle- girl that thero was cocklght going In The
stable All the accused good characters aud that
fact certified 10 by their employer, ono as = CLERK,
one as q trucKman and the tnird mad charge OF his
stable He Was informed that they werc not In the
habit OF violating the law-not professional
cock. .nahtsrs-and that this was not q public
exhbltion Under all tho circu instances he suggested
that the Court might take merclfu view Of the mat
ter considering the excellent character Of toe accused
but In doing so he would say that such suggestion
would never have any reference Whatever 10 profess
sonal cock-ngntors who made public exhibitions Of
the sort. Recorder Haskett said he c0ncurred the
remarks OF Mr.. Russell as 10 mitigation o punish
msnt. This did not appear TO have been public
hibtion, were the accused professionally though
the act itsclf by NO means excusablo He would,
therefore, impose simply fine OF $25 cach Had tho
parties been professionals he would have inflicted the
extreme penalty o tho law for ~uch exhibitions ought
to be stopped. The ines wore then paid and the
cused left The Court.
PASSING BOGUS BILLS
Michael Hennessy and Squire P. Collins were tried
for receiving money under false pretcnces. having ON
the 31st OF December last handed In payment for
drinks afour.dolar bill deiunot bank OF Western
Canada TO william Smith, barkoepsr In Tierney's
saloon, No. 1877 Chatham street, aud received So so
In change. The accused had been previously arrested
on similar charge but were discharged for lack OF
evidence showing their guilty knowledge. The jury
yesterday found tho prisoners guilty, With strong
recomme ndation to mercy. The Recorder sont them
10 tho Penitentiary zach for tho term Of one year
The New York herald., 1878-02-09
EXONERATING BAIL.

The story OF the SUIT OF Jose A. Obregan and an.
cther against Juan 9. de Mier, in suit brought by
the former against the latter to recover moneys
claimed 20 be duo IRON De Mier hdusiary capacity
has already been published in the HERALD. Tho de-
Icndant il will be remembered, arrested and his
bondsmsn claimed that by amend dmcnt OF the COM
plant the trial by order OF the Court the
lion was changed ono Tor money had and received
and judgment entered therefor and not upon the
original claim against the defendant In 0duciary
pacIiy. The bail accordingly made motion for their
exonerati0n alter Judgment by which II Is insisted
that defendant was discharged from the obligation
render himself amenable 10 process Judge J. Il.
Daily yesterday, in opinion n which he rectes the
facts Cas- and the law bearing upon the quce-
ton, granred the mVli0n with COSTS.
The New York herald., 1878-02-09

Tho following contributions have been received at
pnooKLYN's APPEAL FOR THE room.

Outdoor relief having boen discontinued to large
extent In Kings county, Brooklyns Society for In
proving the Condition OF tho Poor have ap-
pealod to tho citzcns OF that city for an
additional sum OF $4,000 to enable them to
relieve the wants OF many deserving poor
viii be left IN destitutoD by tho change. Ii is
claimed by the society That with the above amount OF
money they can do more good than can be done with
10000 dispensed IN public way. The society has
been IN exslencs for some limo past and sDJoys the
public confidence to a large extent.
The New York herald., 1878-02-09
COURT OF APPEALS.

ALBANY, N. T., Feb. 3, 1878.
The following were The proceedings in the Court OF
Appeals to-day
No. 9a First vs. Second Avenue Railroad Com
pany.-Argument resumed and concluded.
No. 80. Won Sachs vs. krety-Arguod by 8 Hand
for appellant; John II. Bergen Tor respondent.
No. 100. Scoleld VS.. Hostis.-Argued Dy NJ. A. Fow
lcr Tor appellant; o. ID. NJ. Baker for respondent.
Tho Court OF Appeals day calendar for Monday,
February IL, is as iolows:-Nos 49, 23. lis, It, 55,
and %.
The New York herald., 1878-02-09
AN UNWILLING WITNESS.

A few days since q subpoena duces tecum was
served Augustus +. Miller, requiring his attend
ance before Charles Neteton at the Office OF Gillet
Btgcr No. 20 Nassau street, 10 give his testimony
SUIT brought In the Supreme Court in Sunok county,
Mass, by ,hc New York Warehouse and Security
Company against Francis p. Loomis. This subpoena
also required Mr.. Miller to produce books relating TO
notes. for $50 600 each, oil Lewis Rice, pay
able 60 the order OF II. A. johnson Il Co.,
the first bearing date November IL,
1872, and the second note May IA, 1873 and the
further production OF books containing entries either
In his possession in the possession oil II. A. John.
son Il Co., relative 10 second mortgage bonds OF the
Alabama and Chattanooga Railroad Company gLaran-
teed Dy the State OF Georgia, together with all cor
respondcnce bearing upon the subject Mr. Miller
compliance with tnis subpoena and yesterday
Judge Donohue, to whom tho subject was rcicrred,
gave order directing that he comply with the same
and attend the l4th inst at the place designated
The New York herald., 1878-02-09
SHOPLIFIEk CAUGHT.

Two men attempted to steal two pieces Of silk,
worth $26 yesterday morning from the store OF VIII.
lam r. Case, No. 594 Broadway. One escaped, bat
Officer McCormack arrested Charles Howard at me
sde coat pocket contained somo oi tho stolen aoods
Inc prisoner was hold IN the Jefferson Market Court
The New York herald., 1878-02-09

[NorE-Letters intended for this column must DO
panied by ine writer's iuiI name and address 70
insure attention. Compliments who are unwilling TO
comply with this rule simply waste time 10 writing.
Write only on ono side Of shs paper. Ed HERALpI
The New York herald., 1878-02-09

Brown Va Blisa Order denying motion, with SO
costs TO plaiptn
Raymond va Rutgers Fire insurance Company.-
DisconIinuance granted
Martin vs. Murphy st sL--Reieree's report con-
Armed and juds Of foreclosure sale ordered
Churchill VS.. Bradley. y.-Undertakings approved
Rich vs. Barby; Ruppert VS.. Davidson; Lehamorc
VS. Grlswold; Howes va Lorillard; Brown vs. hur.
ply; Scott va SANFORD; Collins vs. Cotter es al |;
Meeker VS.. Cunningham; NcClave va BakeL-Or.
ders granted.
COMMON PLEAs-cHAMBxRs.
BY JudgsJ =. Daily.
Obreson Va De Misr-Moton grantsdi $40 costs;
Burbrdgs VS.. Hart OF aL-Motion denied SO costs
leave to renew on the merits; opinion.
Stewart, &C., va Dunt0n.-Motou 10 set aside ser
vice OF summons denied, but defendant allowed to
come in and deisnd order 10 assert damages vacated
costs
Matter OF the assignment OF Bonyton.-Application
denied discharge Of assignee can only es mad on 40
Cushing vs.. observation-disclosures denied, with $40
By Judge obinson-
Hart vs. Hanrahan Judgment Of foreclosure and
MARINE CoURr-sPECIAL TERM
BY Judge Sheridan.
Kendall Manufacturing Company vs. Woodwork. -
Opinion granting motion vacxte order dischargng
attachment, with $40 costs. ,,,o .1
with $40 costs.
Grltitn VS. Lynch-Order granted directing receiver
to pay over money.
Aronson Vs. Lehman. Justification dismissed, with
$40 costs.
Oxiey vs. David-Order of publication granted.
Breidenbach vs. McNe; Girandat VS.. Low; Cars
vs. limo; Wight VS.. Jackson. Motions granted.
Nugeni VS.. Densiestig; Beach vs. Lee; Smith vs.
Allt Stacom We. Klein; Singer w. Raebel; Maioa Va
Tyler; Kopponberg VS.. Crane.-Orders granted
Lehman VS. Nelson.--Compiaints dismissed.
Pennyman vs. Wiliiamson.-Ordcr allowing sum-
mons to bR amended
Allen vs.: Hnkley. Order settled.
Perry FIsk.-Mouon 10 vacate order OF reference
granted payment OF The taxable costs.
The Irving National Bank Va ZolhngeI-Wtliism Z.
Mcdonald appointed receiver
The New York herald., 1878-02-09
CEMETERY PROPERTY.

The only sale yesterday on tho Real Estate Exchange
was made by A. H. Muller, by order OF the receiver OF
tho Montfeur Benevolent Association OF thirteen plots
In Washington Cemetery, Kings county The prop.
erty capable OF receiving about thousand bodies
in addition to those already inferred In IT, 1t was sold
TO Nehemiah Rosenburg anu others Tor $3.50