davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1878-03-01
IN BANKRUPTCY.

Nugent Brady, dealers IN leather At No. ISL WILL
lam street, have iaed and four OF their creditors
have dled petition TO have the members oil the firm
adjudcated bankrupts. The claims OF the pettionlng
creditors are as iollows:-J. NJ. Hummell x sons,
So 7bS rs; c. Nugent x Co, 81 6l5 "a; T. p. Howell
a Co, S647 SO; John Dwyer, S4!S 50 Tue liabilities
s' 5000 A'''' ''''' AA' '"' assets ''s '"'''1
Sixth avenue has gone into voluntary bankruptcy be-
fore Register Little aud proposes u composition at
fifteen cents on the dollar payable ten days alter the
entry oi the nnal order ana meeting OF me credl'
tors consider the oaer has been called or March
The Liabilities amount TO about SlO 600 and the assets
consisting OF Stock, are valued $4,000. Mrs. Mary
Gay Is the principal creditor, her claim amounting TO
$4,ll4 II.
meeting Of the creditors of Moritz Gross. dealer
in iurs ~ No. 430 Broome street. was held Yesterday
the office OF Register Little. Schedules we're pre-
sened SHOWING liabilities amounting 10 S29 293 %,
anu the debtor one ed composition at thirty cents
The dollar fifteen cents cash and fifteen cents IN notes
payable November l. which was accepted by the cred-
Tors.
A meeting OF the creditors OF john H. Lyon ex.
president OF the defunct Third Avenue savings Bank,
held yesterd, ~ at he Office OF Register K,tchun
As the proofs OF u number OF the ciams were not
ready TO be died the Case was adjourned by mutual
consent
meeting of the creditors OF Mosely & Moody,
manufacturers OF paper collars at No 81 Howard
street, was held yesterday at the Office vi Register
Dwight, and an offer OF composition al fifteen cents
the dollar in notes at three ana SIX months, with.
Out Interest was submitted by firm, together with
q let OF the creditors and amount of liabilities,
s39,55S. One OF the nrm was examined ~ length
With rcereucc to the amount oil capital invested and
the mode OF conducting business furtncr proceed
ings were adjourned
Tho creditors OF The firm OF TIT Howard, dealers
IN gas stoves at No IL Murray street, met yesterday
ut tho Office OF Register Winslow. The nrm submitted
an offer 10 compromise with tner creditors al 33 13
cents Oh tho dollar. Mr Albert y. Aubery presented
seveIiythrcc claims, representing 500 900 OF the
debtodness IN iavor OF accepting tue composition A
few CLAIMS were presented IN opposition, and tao
matter was adjourned without any definite conclusion
beng reached.
In The County Clerk ofico there fled yester.
day the assignments OF James Wight to Eugene n.
Ehot, Of DeidericS W. Huo 10 Christian Il. Z. Obcr
sen, and OF Thomas Whitock aud VIM. G. Anderson,
comprising The firm Of Whitiock Anderson, 10
james Anderson.
The New York herald., 1878-03-01
"ArTENUArED EQUITY"

In June, 1876, james r. Hepburn commenced suit
for divorce, the ground OF adultery, against his
wife, Margaret. She answered by denying the charges
Tue sent to u referee, who found In favor OF
plaintiff, but Judge Joseph +. Daily refused to confirm
the report The ground Of nsuhcency OF evidence.
Further testimony was taken and again
port made in favor Of plainuG, which
MAS again Set aside by Judge Van Hoesen
On the ground that the order OF refer
TO shear ana report" instead Of to shear
Rld delermtne" as required by statute. The cause
was then placed The calendar lor trial by jury, but
before twas reached the plalnin commenced another
action against his wife to dissolve the marriage
tract the ground OF the existence of former mar
rage. me first ACTON was dismissed Tor want oil prose.
cution, and judgment entered IN avor OF defendant
ngsiasi plaint,l Tor $l39 49, winch execution
was issued ana returned unsatisled. Upon this Mr.
julius J. LangDen moved before Judge Robinson tor
stay OF proceedings against the husband in his
ond suit until ne should pay the COSTS AWARDED against
him his lsL The Judge, yesterday, rendered de-
csivn granting the motion and characterzes the hus
band's Que OF ''attonuated equity" and com
piimented the wifes counsei his diligence In pre-
parng and submitting auti orities in support OIL his
motion, citing this us pleasing instance IN which
counsel dd VIII oily rely the Judge TO search
the law on the subject at issue.
The New York herald., 1878-03-01
LEE SAM AND 1 TOY.o'

Four sleepy looking Chiuamen with long pigtails
were brought to the Tombs Police Court yesterday
that the strong OF the law might inlerpose and
sette q difficulty that for the past two weeks has
caused no little commotion the laundry No. 273
East Houston street, in which they all employed
The difficulty on the l4th ult. and thus
graphically described ny Lee Sam, the complainant
ave alice washee same placs. Toy he tookee my
satche bloke him open and stolee seventy live doa.
! say, i Toy what you do with my satchelY' He say,
q bloko yo' nosc' 60 for pleeceman alice sanc
All Tung then say, Lee SAM II you go TO- plecceman
boke yO' nose, too.' SO no go for pleeceInan.''
From tho further statement OF Lee Sam 1t appeared
that another Cninanan OF tho shop--namely, Boy
also discou nteuanccd the idea OF Lee Sam calling In
policeman, and alter considerable controversy, was
arranged that Toy return the money winch nc took
from the satche But Toy broke tho arrangement
by refusing to return II, and 70 iurlner incense Lee
Sam he took down the iatter's coat, winch hang
ing the WALL and abstracted So more from II. Once
Lee Sam started lor an Ulcer, but was again
strained.
Since then the laundry has been sceno OF
tinued dlsaffectiop, Lee Sam not falling to daily
state his grievonce ia the most phutic Chinese.
Various attempts we're maze to have | Toy return
the money. but II Was not uni yesterday, when the
police called In, that he was brought 10 terms.
he com paInAnt baving annouLced himself ts per.
tectly satisfied Judge Murray dismissed the case.
The New York herald., 1878-03-01
lNSUBOkDlNATE SEAMEN.

The Investigation OF tho charge Of mutiny and Of
wilful disobedience Of orders against the fourteen
sailors OF the ship Lew g. Burgess was resumed yes
tsrday before United States Commissioner Shields
Assistant District Attorney Butler appeared for The
government and Mr.. Robert W. Andrews for the
sailors The additional witnesses Tor the prosecution
were Captain Martin S,reetou, OF tho snip Gard
ner ColUeck, and the boaswain Of the Low
q. Burgess, who testified that tho WORK
the sailors werc called upon TO perform was
necessary. The charge Of mutiny was Withdrawn,
and several OF the sailors testified their be-
hail. saying that they did not refuse TO DO the work,
but only refused TO do u when the captain called
upon Them al unreasonable hours. and tnat the work
could not have been very necessary inasmuch as tho
ship had sailed from Liverpool, England, whou. II
ny DONE aud that II done when the vessel
arrived IN port ON the 25th OF February.
The adjourned hearing was fxed Tor Saturday morn.
Ing ut ten O'Clock.
The New York herald., 1878-03-01
COURT CALENDAKs-THI DAY.

SUPREME CoURT-CHAMBERs-Held by Judge Dono-
hue ndar called AT o'cock 7. Mos l, 67,
rs, 81. 100 l2l. l22 1928 12S l3o, l69 la 1885, lS4,
2l3 250 262 215 27o 277, 2s, 279 ISL 2S3 2s5, 2s6
2S7 The special calendar Of assessment cases Will
also be called.
SUPREME CouRr-GESgRAL TERM.-Adjourned sine
die
SUPREME CoCRr-SPEcAL TERx.-Adjournedf for the
term.
surnEME CoURr-CRouIr-Part l.-Adjournea sine
die.
uPREME CouRT-CIRCUIT-PaN 2-Adjourncd tor
the term. Part 3-H.id BY Judge Van Brunt-Shott
causesNos. 494H $685. 30l3 l775, 1881, 800 1898,
2922 2o09 2944 le4j 3069 292s 3o35, 2377 3O46 $685.
pip, 2447, 1860. $3.50.
SUPERIOR CoURr-GExERAL TERN Adjourned sine
die.
SUPERIOR C0URT-SPEciAL TERM--Hed by Judge
San i0rd.--No day calendar
SUPERIOR CoUKr--rRIAL TERM-Parts I, 2and a.
Adjourned Tor tho term.
COMMON yrLEAs-GESERAL TERN Adjourned sine die.
son.--No day Gale ndar.
COMMON PLgAs-Equity and Parts and 2-Ad-
Journed ior the term.
MARINE CoURr-lRIAL TERM-Parts / and 2-Ad
journed Tor The term. Part 3-Hed by Judge Sin-
nott.-Will meet to-day al eleven a. NJ.
COURT OF GENERAL sEssoNs-Part 1.-Adjourned
for the term. Part 2-Held by Recorder HacketL
The People VS.. Conrad Muller, arson (contnuedl The
following prisoners, having pleaded guilty will be
sentenced &c ustavus Elliott ialse prelences; Fred
erck Elliott, forgery; James Madden, larceny from
person; Henry Stcik, same Michael O'Day burglary.
The New York herald., 1878-03-01
THE KITrLE DIVORCE SUIT.
JUDGE LARnEMoRE's CHARGE ON THE

JUDGE LARREMoRE's CHARGE ON THE Law
TIE JURY LOCKED UP.
rho divorce suit Of Harriet o. against Charles A.
Kittie, already noticed In the HERALD during its
progress, assumed its concluding phases before Judge
Larremore and u jury In the Court OF Common Pleas
yesterday Mr.. Hill, counsel for the husband, having
summed up his side OF the case on the previous day,
Mr. Weed proceeded 10 make his argument on behalf
OF hts client, the complaining wife, and occupied
about an hour in making his address Then followed
tue charge OF tho Judge
After congralu.ating the jury having at length
reached the end OF ''extraordnury and proiraced
Judge Larremore proceeded to instruct them
their duties in the promises, and to lay down the
general rules OF law which govern the relations OF
married persons toward each otner, and especially
the who had this brought their differences
and grievances-supposed or rea-into court Of law
Tor the purpose OF determining which had just
cause or complaint. IL would have been better,
lie said, II the parties had made mutual reconcIlia-
ton or adjustment, and thus have avoided an cx.
posure OF their unpleasant domestic relations. But
the plaintiff had sought her legal right the aid Of
The law to redress her alleged wrongs and renamed
for the jury 10 10 what extent her rights
had been violated, and whether or not she was
titled 10 verdict She mad sued tor limitea oi-
separatod from her husband, and also for u
right to recover in such depended entirely upon
the statute fA ~ eaa ,4U.lR.
Tho Judge then submitted to the jury the formal
issues which they would have 10 hnd, dour OF
which were submitted on the part OF plaintiff aud
ON tue part OF defendant. Those on tne part Of
plaintiff were-Did the marriage Of the parties take
place In the State OF New York; Has the defendant
cruelty and inh umanly treated the planinY Has tie
deienaant conducted himself toward the piaintn
in the particulars specified IN her amended complaint
SO as to render II unsafe and improper for her 10
habit with nlmY And did the defendant abandon the
and has he refused and neglected to provide
her? Those on tho part Of defendant were HAS 0
defendant resided ut stamford. Conn., Dd the defend.
Tor year prior 10 the 27th Of March, 1876
UNFAIRLY pay to plalntiGthe sum OF $40 por week Did
the plaintiff neglect und refuse TO perform the ordI-
nary duties OF wfsp Was the plaintn under the
influence Of Intoxicating liquors, and II when aud
is she a woman ol ungovernaole temper? Has the
plaintiff attempted TO strike, wound stab the do.
feEdant, and did the plaintiff desert the defendant
After beng locked M for several hours the jury
had failed 10 agree at tho time when the Court AT.
journed ana wore locked up IN charge OF officer,
with instructions 10 bring In scaled verdict II they
should agree.
The New York herald., 1878-03-01
THE COURTS.
Charging for Legal Services Rem
d-red the City.
ATTENUATED EQUITY.
Judge Blatchford's Decision in an
Admiralty Case.

william Barnes who had been employed az special
counsel Tor the city, brought SUIT 10 recover $69445
as balance tor lis services. He recovered before
the referee but $4,000 and then made motion for
an extra allowance. This opposed by the Corpo-
ration Counse! on the ground that Mr. Barnes had
been virtually defeated. Yesterday Judge Robinson,
In Common Pleas, Special Term, rendered his decision
against tue application IN brci opinion as follows-
Ip my opinion the plaintiffs claim Tor extra al
lowauce must be based upon the merits thereto aris
ting from ms recovery. His claim ~ suit WAS to
recover $69445 aud interest, ana he was awarded
$l5 600 The claim, excessive oi what
has been adjudic,ed as just certainly would, even as
between ndlvlauals and in contest as TO private in
teresls, occasion grave doubts to the propriety
any allowance whatever; but, considering
the position OF these itgants, the Corporation
Counsel would eviaently have been dereiict IN
his duty IN iainng 10 defend claim, as found, SO
exaggerated aud extravaguIt. II was asserted
by him on the argument, and uncontradicted, that
the claim as originally maze was 500 00u lu this
ACTION litigation the Corporation Counsel is
nor the mere representative OF private anasonslic
interests, but appears as tho protector and deenaer
OF the highest OF public trusts-tne exemption OF tho
citizen from taxation Tor unjust demanus upon the
puUlic treasury. The character anu protractlon OF
presentation OF piaintil's claims necessarily grew
o.t OF the multitudinous demands which he pre-.
OF u difficult aud extraordinary character. Com
bued, they became so IN any respect only from tnelr
uitifarous character They otherwise involve no In
~ uicute question OF difficult or extraordinary churac
Ter. We're tbs litigation between private persons
sone possible consideration might be gwen for
extra niowa"ce put under me crcumsauces, as pre-
teuted, OF an entirely different character as 10 tho
parties 10 the litigation, which the corporation ny
ther counsel and he IN the performances OF hls trust
rs pubic otlCer the interest he represents is entire
bntaaonlsm To any sucn unjust anu AS shown ny the
report OF the re!erccs, grossly excessive d. cmand
upon the public treasury. AS 10 claims OF this
character, the discretion conferred on the Court 10
grant an extra allowance should only be exercised
when the claim made Is substantially established and
inc defence IN behalf OF the taxpayers Is unreasona-
bly, intcrposed. do not regard tins one IN which
the discretion conferred by the Court IN granting
nall LAURA unnaH nul ha sfn . nvnka
ward claimant tor At least $70,0U0 whose claim
against the public treasury Is only maintained to the
rxtent OF $l5OO0 he motion Tor any extra allow
hnce beyond taxable costs is denied with $40 cosls
be
The New York herald., 1878-03-01
Y SUMMARY OF LAW CASES.

The examination OF the StiDcr bankruptcy case, be-
lore United States Commissioner Osborn, yester-
day adjourned until neat Thursday.
In the suit brought by the National Bank of Com
merce against the New York Construction Company
on two proWissory notes judgment ID favor OF the
plaintiffs tor s13l, 1873 20 flied yesterday In the
County Clerks office
There was further argument yesterday before
Judge Donohue in Supreme Court. Chambers, on tho
motion TO vacate the order OF arrest against J. NJ.
wnpple and r. NJ. Daggctt granted in the OF J.
s. Prouly, the facts OF which have been published.
Aner hearing Mr.. RUFUS H. Choate and Mr. Gardiner
the argument was adjourned TIL nine O'Clock this
morning substantially the same points were raised
on 10th sides as OH the opening argument on Tuesday
last.
A decision gwen yesterday by Judge Lawrence
tho demurrer the answer in'tEe suit brought by
Hiram Barney as assignee o. William Allen Butler and
several other lawyers Tor services ren1ered 10 the
Northern Pacific Railroad Company. The main do
fence is that the corporation against which the su
brought Is not the corporation 10 which the services
were rendered. Judge Lawrence overruIes the de-
murrer, with costs to the defendant
Christian hensonbutte brought SUIT against Bed
lester Wurz Pierce 10 recover damages for broken
leg He was Jersey iarmcr. and the defendants
1enth street brewers He entered thcir prem ses Tor
load oil grain, and while wandering thougbtessiy
around the yard was run against by one OF their
Wagons and Injured 1t appeared on the tral before
Judge Joseph f. Daily and jury IN the Court OF Com
mon Pleas, yesterday. that the deicndans' servant
was without iaut ana that paintih mad Jailed 10 look
behind him. The suit was dismissed
julius NJ Spero, oi No. 800 Bowery. was brought
before United States Commissioner Belts yesterday,
charged With cutting revenue stnnps from old bank
checks anu putting them on u cheeks, and thus
ueirauding the governu The witness Tor the
sompla nant John Hess Gitsky who resides at No.
s]6 East Broadway. Gitsky ~as IN the employ OF tho
dciendaut ana IN consequence OF some family quarrel
preferred the charge against Spcro. The further
bearing oil the case Was ADJOURNED until this morning
The New York herald., 1878-03-01
THE FREIGHT CAR ROBBERS.

James Wilson. John Ryan and william Martin, the
three young men wac wero captured in Central Park
on "Wednesday with u roll OF flannel which had been
stolen IRON a freight car on tho HUDSON River Ra
road, had bearing yeseriay before Judge Wandell in
the Harlem Police Court. HIS Honor questioned in
private each Of the prisoners, but all denied pGrcipa.
in the late robbery. Detective Scanon said The
the burglar VINO nad leg crushed by passing tram
uesday nigDL Judge Wanoell said he would detan
the prisoners untl the mystery was unraveilcd. Yes
terday Ryan asked permission to sec Tracey, who Is
dying IN the Ninety-ninth Street Hospital. officer
Hughes escorted Dim thitber but found Tracey
Ryan denied an acquaintance with the latter
but his request Is regarded as SUSPICIOUS circum-
stance. Judge Wandell Instructed Detective Scanon
work the case.
The New York herald., 1878-03-01
ADMIRALTY DECISIONS.

Judge Blatchiord. Of the United States District
Court, banded down decision yesterday IN the
.. Hubbard Younges against tho steamtug Fidelity.
In rem, saipst the OF tho tug for alleged tort
II appcurs that canal boat belonging TO the lbeant
was ut Blackwells Island, unloading coal for the
Commissioners OF Charities and Correction and
that the tug Fidelity was chartered by the Commis.
soners and was running under their direction
Some Unauthorized person cast away the lines Of
the canal boat; the Fidelity TO tho
assistance OF the boat aud in towing her the stern
panks OF the canal Doatwere torn away by portion
OF he wall, and sustained other datnagos causing
the sinking of he canal Loat, by which the libeants
hllege they sustained 81, 800 damages Judge Batch
tord says that actl IN in tort cannot lie AGAINST
the tug; that she was vessel employed under the
huthcriiy oil the municipality OF the State OF Now York.
10 permit an action OF this nature, In rem.
brought against the vessel itself would be In the
an invasion OF the powers and authorities OF tho dv
OF government-to wit, the Aldermen and Corpo-
ration OF New York-anG that IL would be contrary
public policy.
The New York herald., 1878-03-01

After reciting the necessities OF prompt disposition oi
matters involving crimes OF a minor degree and tho
demands made by largely increasing docket upon
the resources OF the higher criminal courts, tho
Grand Jurors petition the legislative body to make
sucn provisions as VIII releaae these lesser 10
the police magistrates OF this city and permit tnem
under enlargement OF statute powers, to aci in sum-
mary manner They further state that the rights OF
prisoners aud the welfare Of the community demand
this act,on, and IN view oi the fact that bill con-
templating some such reforms has been introduced.
they pray that the District Attorney and Judges
holdn the Court OF General Sessions may be asked
give the results OF their experience 'n aid OF the
formation Of such bill as shall produce the reief
required"
Recorder Hackett received the memoirs al, and, hav.
log thanked the Grand Jury for the prompt and
In which they fulfilled the duties allotted
TO them, discharged them.
The New York herald., 1878-03-01
MISS cLAxroN's BANKRUPTCY.

Relative 10 the statements recently published re.
garding Miss Kate Claxton's bankruptcy Mr.. Dore
Lyon gives the following particuiars:-He says that
MISS Claxon has never indors ed any OF his and
Is liable for any OF his paper. Miss Caxton has
not he says, ever paid any OF his liabilities,
sho make such claim that she was ever called upon
to do So
MISS Claxton's present liabilities arise IRON two
certain foreclosures OF mortgage on properly In
which she had direct interest and In the sale of
winch there arose deficiency OF 900 Mr.. Lyons
loss In this Transaction he says, $50 900, Miss
Claxton having never invested u dollar tho prop
erty referred TO- Although not legally bound to do
Mr. Lyon has offered, In Order 10 save Miss Ciaxton,
TO havc her discharged from all Liabilities, pay
aud settle these dcLciency Judgments himself, pro.
vidcd she would pay small proportion oi the uggfo
gate amount TO the sum oi 81 500. This ofrur, Mr..
Lyon says, was not accepted aud he Is still willing to
hold IL good which. II accepted. will rcloase Miss
The New York herald., 1878-03-01
wHlrlocK ANDERsoN's FAILURE.

WHiTLOCk ANDERSON FAILURE.
The failure OF WhulocK d Anderson. importers and
Jobbers In woolIen goods at Nos 100 aud l02 Grand
street, was announced yesterday, and during the day
they made a general assignment for the benefit OF
their creditors to james Anderson. The arm has
been established for hlteen years, and recently
enjoyed nrst class credit, but past their
credit has been grad ualy diminishing, and the heavy
pressure oil the times and losses BY bad debts forced
tnem to mako an assignment. The habinties are
about $4,000. the greater portion oil which due
the commission houses IN this city. Their assets,
which consist oil stock, hook accounts, bills
receivable, &C., are considered good, and viii
probably rsaIzo $lOO.000 Dut r.
urcB can DO given ut present Mr. Anderson
SAID yesterday The failure very much regretted,
aud their books would show that thcr integrity ana
honesty was maintained. rhe cause was losses by
bad debts and the financial end nR over
q period OF ave years He could give value OF
the assets at present, but he thought the liabilities
would be from SloU. 900 10 $500 600.
The nrm was formerly WhItlock, Anderson x Lyon.
Mr. Lyon retired In 1879 and died.
The New York herald., 1878-03-01
SHOT FOR FIVE CENTS.

George Boyle, twcnty-onc years ofage, residing at
Flatbush, L. l., was pitching pennies with a number
OF other young men yesterday East New York
avenue, near Rochester, when Richard vanderheydcn
twelve years OF age, came along IL is said that
Richard had q We cent nickel Ia his hand and that
Boyle demanded IT, RicDard, however, refused to
give tup, and Boyle assaulted and follow home
Richards brother James, twenty years OF age. deter
mined TO protect ms brother. and Tor this purpose
secured shotgun aud discharged " at the advancing
party. Two OF the shot struck anG slightly woundcd
Patrick OBricn, ono OF Boyie's compan IONS IN The
face. James Vanderheyden and Boylc wcre arrested
and held W answer.
The New York herald., 1878-03-01
\ GRANDDAUGHTERS CONTEST.

Or the 10Th OF june 1877, William DE La Montanys
dcd at his residence in Madison street, Brooklyn,
leaving estate worth about $75, ,000 Tho latter
divided up among his children aud his grandchildren,
with the exception OF Corena Gayor. granddaughter
Tue latter now contests the VIII In the Kings County
lLong lsand surroga,es Court the ground that DC.
cedcnt unable to make VIII, being OF uusoun nd
m,Dd; that undue influence had been brought to bear
upon him by his daughter, sarah Mead, and
her husband. Marx Mead; That the deceased
was eighytwo or cishty-hvo years OF age; tnat the
contestant was nvorite graudchiid, anu would have
been rene bored IN the III but lor undue influence
that was brought 10 bear upln him. lhc case Will be
heard before the SUR ogate on Mirch Is.
The New York herald., 1878-03-01
A FAMILY OF VAGRANIS.

O1cer Chiard, OF the Society fer tho Prevention of
Cruelty TO Children. was In the Tombs Police Court
yesterday with prisoner named Isabella McMahop
whom he charged with vagrancy. From his State
ment II appears that the woman has Tor the past
eighteen months, frcquebtcd the pcighDorhood of
Wall aud illiain streets soliciting aims. she
varabIy accompanied by hcr four CHI hlJren-isabclia
aged TEN Mary. seven Robert, SIX and Thomas, three
years Some time ago the society procure work for
the husband shovcing COAL but he gave II up, and his
wife resumed her begging. Upon this statement
Judge Murray committed the chdrcn 10 the juvenile
Asilum ana the Olher TO the Island.