davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1878-02-21
GENERAL sEssTONs-PART !
Before Judge Sutherland.

DclOre Juusc Sutncranu
AN ALLEGED DEFAULrER.
In the case OF Augustus NJ. Turrcy, atc receiving
teller OF the Bank OF North America, who Is alleged
TO be detauor TO the extent OF $780, 00O District
Attorney Phelps announced his readiness 10 proceed
with the trial In tho absence, however of Mr. Or
lando l.. stewart The prisoners counsel, Judge
Sutherland allowed the case to stand over.
A vAGRANT GETS HOME.
vagrant, who gave tho name OF John Ryan, was
caught tho OF stealing two pieces Of cashmere,
the property Of Collins Downing ~ Co., Broadway,
from express wagon the 18Th inst The accused.
being arraianed lor trial. pleaded guilty anu Judge
Sutherland sent HIM to the State Prison Tor year
and SIX mouths.
LoNGsHoREMAN's FIGHT.
Patrick Hughes, OF No. lis Charlton street, and
Joseph Sleavin, Of No. ll9 King street, 'iong-
shoremen became involved in u quarrel in saloon
Vest Tenth on tho night OF The 7th OF Octo
bor, whom the latter stabbed the former in the side.
Tho prisoner was arraigned by District Attorney
Phelps. who accepted plea of guilty of lelonious
aaut and Judge Sutherland sent the accused to tho
state Prison for two years and SIX montis.
The New York herald., 1878-02-21
SEEKING TO CoNFIsCArE.

the summing up in the suit for the con1scaton of
5to bales oil tobacco. brought by tho government
against Wen Co. for fraudulent Representations took
place III the Unitod States District Court yesterday
lore Judge Biatchord. Tho defence represented
by Mr. Ethan Allen, who occupied three hours In his
address to the jury. He followed at equal e glh
The New York herald., 1878-02-21
BANKRUPTCY DECISION.

In the matter OF Alfred Wild, bankrupt Judge
Batchford OF the United States District Court yester-
day rendered his decision, holding that assignment
Of December IL 1865. collateral security Tor tho
payment OF note oi August l, 1861 Tho Court con-
CURED with tho Register IN Bankruptcy in the third
and sixth points in his report but oycrrulcd fourth
and nth. The following embraces The main points
In the decision :-'The evidence shows mat there was
no valid consent Jor that note ut the time MADE
rrcderick Wild was not then Indebted to Alfred Wild.
understand from tho papers aud testimony that Fred
erIck iid sets up as defence to note want
oi consideration. also Understand that he sets up
tho defence oftnc statute OF ons to the note
suppose that defence probably cxisls though II does
not appear by assignment or otherwise. rho claim
by the assignee In bankruptcy under assign ment TO
the money OF Nathan Wid's estate being a claim ad-
verse 10 the claim OF Frederick Wild to the same
money, there would seem TO DC a bar unScr section
oO51 of Revised Statutes TO tho OF such
claim by the assignee In bankruptcy IN hostility 10 the
clam Of Frederick Wild because two years must hayo
elapsed from the assignment IN bankruptcy before
inc assignee 10 bankruptcy brought any proceedings
against such claim
The New York herald., 1878-02-21

gary George T. Harrison burglary; John
Smith, Burglary; Frederick Freed burglary;
Same rs. John Leonard, burglary; Same vsk George
LoughIin, grand larceny; Same vs. Cbristao Smith,
grand larceny; Same W.. Richard Lewis, grand lar
ceny; Same VS.. Joseph Wilson; forgery; Same VS..
Lewis Lazarus and Samuet Lazarus receiving stolen
goods; Same vs. LiunceIot Murphy, receiving stolen
goods; Same VS.. Peter Weder and Edward Knapp,
larceny from the person Same John Lantry. as
sault and battery: Same Andrew Smith, assault
and battery; same VS.. Samuel strauss, assault and
battery; Same vs. Jeremiah Lynch, assault and bst-
tery Same w. William Thurman. assault and battery.
The New York herald., 1878-02-21
COURT OF OYER AND IERMINEI
Before Judge Davis
rnE MuRpER ON KATIE HAYES.

THE MURDER or KATIE HAYES.
Tho trial OF Edward Newman, indicted Tor murder
In the 0rs degree causing the death OF Catharine
Hayes, was resumed yesterday and occupied the day,
the court room bong densely crowded.
The testimony showed that on the evening OF Sop
temDcr IL, 1871 the house OF Mrs Turner In Cow
crnour street, in this city, Newman, with oyster
knife, stabbed and killed MISS Hayes II was proven
that the iather OF Newman tweniy.one years since
The New York herald., 1878-02-21
DISHONEST COkDELIA.

Cordea Blew, servant g'rl, employed by Mra
LYDIA b. Hamilton OF No ii Wost rwentysixth street.
stole silk dresses, worth 500, from her mistress and
piwncd them. In the Jefferson Market Court ycstcr.
day sno acknowlcdgcd her guiu gave tno pawn
tlckets aud was mold Ia S6v0 bail 70 answse
The New York herald., 1878-02-21
A FRIEND In NEID.

Mary Rogers the young girl who was assaulted by
Tbomas atlas Buck Taylor appeared In the Jefferson
Market Court yesterday against him. Sno was about
seat to the House ol Detention when Mr. Jcroms,
a gentleman present, bnIiud hcr aud said he woul
she got employment and would be taken good
care ol until her recovery.
The New York herald., 1878-02-21
KAIsING a CURIOUS QUESTION

In the suits OF Lapgdon vs. Gray curious question
was yesterday presented 10 Judge Dopohue Tho
plaintin in each SUIT had obtained injunction. I'm
one suit tho Court held that the defendant must bo
eEjoncd, but not to the extent that the original IN.
Junction granted. In the other suit the com patnt
was dismissed The defendant, who nado the preson,
motion, sworo his answer 10 The second sui
Lbat lie mad no interest The properly Tho
defendant now moved Tor an assessment VI damages
70 him by reason OF the preliminary injunction.
mo motion was resisted In tho nlst upon the
ground that the Court had decided that piulnttu
was entitled u an Injunction, ana Ia the secoAd case
upon INC ground That the defendant enJoincG. having
sworn that he dId not own the properly, cOula not
nave peen damaged ny the iuJuhctiOL4 he judge
LOOK the papers. air. Snearnlan appeared Tor tho
tioh uho Mr. Charles Dayton and exJudgo Cal dozo in
OpposItlou
The New York herald., 1878-02-21
COURT OF APPEALS.


Nos. lo3 and loi. Townsend VS.. The City OF Brook.
lyn-Argunent resumed and concluded.
No. 90. Upham VS.. Ireland; No. 90. Douglass w.
Ireland. Argued as one case by Francis Herman and
Nicholas h. Herman Tor appellants and u ID. Adams
tor respondent.
No los Lawrence VS.. Mcr6eld.-Argucd by B. r.
Coudert Tor appellant ana William A. Beach for re-.
spondcnt
No 81. Wintermutev vs.. Stinson. n.-Argucd by Thomas
II. Hand tor appellant and j. MEG for responden
CALENDAR.
Tho following Is the duy calendar for Thursday,
February 2:-Nos r. LOG, l02 81 105 o, AZ and liz.
UNIFIED STATES SUPREME COURT.
WASHINGTON, Fob 20, 1878.
In tho supreme Court to-day, motion OF Mr.
Iowa. was admitted to practice.
No S75. Tho United States, appellants. VS.. Tho
Atchson, Topeka aud Santa F6 Railroad Company
Submitted by Mr. Attorney General Devens ana Mr..
Assistant Attorney General Simons for appellant and
by Mr.. Thomas II. Talbot tor the appellee.
No. 23S Richard 7. Morgan, Jr., appellant, VS.. The
Chicago AMI Alton Railroad Company.-Arguod by Mr.
Il. Spencer for appellant ana by Mr.. John p Wilson
for appellee
No. 239 Eunite s. B. Sawyer administrators, &C.,
appellant, vs. Joseph Weaver-Argued by Mr.. L. T.
Crittenden Tor appellant, no counsel appearing Tor
appellee
No. 242 Charles f. Grant, assience &C., appellant,
vs.. FIRST National Bank OF Monmouth ILL.,, CT Ill
Submitted by Mr.. Thomas G. Frost and II. G. Miller
for appellants, aad by Mr. G. Is. Lawrence for ap-
peee.
No. 240. The Connecticut General Life Insurance
Company, appellant, vs. Bernhard Durnstein.-Ar-
gumont commenced by Mr.. s. X. Bond Tor appellant
Adjourned until omorrow at twelve O'Clock.
The New York herald., 1878-02-21
THE COURTS.
Special Retainers in the Corporation
COunSel'S Office.
NOVEL MORTGAGE PROCEEDINGS,
Legal Wind Up and Exit With q Flourish
The LOrd-l!ickS Case.

suit involving heavy claim against tho city has
just been decided The action is brought by WILL
tam Barnes to for legal rendered in
Assessment cases upon tho retainer of E. Deaaed
Smith when Corporation Counsel. Tho plaintiffs
1885, he had entire charge 4S1 separate actions
and petitions. From time to time he paid various
sums account, amounting the aggregate to lit
tie over S22, 900 When Mr.. Whitney came into onlce
Inc practice of retaining OF the Office
was abandoned, aud Mr.. Barnes reialners with
drawn. He then sent In his bl and the same not
being paid he brought suit for it, HIS complaint
tained Claim for Sl967, balance unpaid on an au-
d'ted bill. which disputed by tno city, and
further claim or $780, 445 and Interest audited AS
to this latter item only was there amy conten
ton on the trial. The action was referred In Septcm-
Der, 1876, to james Emott, Charles Nj. Da Costa and
Hamilton Cole, and from that time 10 its final subns
son. ON the lth inst there have been repeated near
ings, and mass OF testimony has been taken max
ing up Two printed volumes. Upward OF three thou
sand exhibits have been marked IN evidence. The
paintin employed in each separate case regu-
lar letters OF retainer, and claimed TO be entitled 10
compensation at the customary legal rates for his
wees in each and all OF them. The defendants con-
tended that the great similarity between the and
the general character OF the assessment business,
which not such 10 Call for legal
talent OF high order should be taken into account
fixing the value OF tho services, and that the plaintiff
should not be paid as II each case had been regular
action at law or suit in equity and the only one IN
which he was employed rhe referees seem to have
adopted the deendants' views, ior III Their decision,
which has Just been rendered, they give the plaintiff
900 and interest instead OF SOP 645 and on
Ine second cause OF action, decision which
yardcd by tho Corporation CounsePs Office n sub
Jtanlial success The plaintiff appeared IN person
and by A. j. Vanderpoel the city by William c. Whit
ney, Corporation Counsel, and his assistant Il. Henry
Lacomba.
The New York herald., 1878-02-21
NEW YORK HERALD THURSDAY FEBRUARY 2 88rRPLE SHEET

by>Roger Sherman for the government The value of
tho tobacco Is about $50 900. II claimed by the
prosecution that customs rebate was obtained by
We'll Co. the rcpresept tation that the tobacco
had been damaged on the voyage from Havana this
city. The government claim that the tobacco not
damaged, and assert that was sold here In good
condition. The case has thus lar occupied some
weeks in the trial. Judge Blatchord will charge the
inry To- daY.
The New York herald., 1878-02-21
MEMENTO OF WILLIAM G. GILMAN.


There has already been published in the HERALD
the particulars OF suit brought by the executor of
OF the late Mrs. Eliza Gilman against the
American Exchange National Bank. the Leather
Manufacturers' National Bank and w. G. Gilman, and
application for injunction forbidding disposition OF
thirteen shares Of the capital Stock OF the Leather
Manufacturers' National Bank aud twenty shares OF
tho capital stock Of the Bank OF Commerce. alleged
belong to the estate oi Mrs. Gilman and to
nave been wrongly hypothecated by William G. Gil
trustee without her knowledge consent
Judge Donohue yesterday. 10 whom the application
was made, granted the injunction asked tor pending
40 triaI the suit
The New York herald., 1878-02-21
EXIT THE LORD-HICKs CASE.


The concluding chapter IN tho Lord.Hicks melo
drama was reached yesterday by the fling ia tho
County Clerks office, of the order of Judge Donohuc
quashing the order OF Judge Van Brunt directing tho
issue OF commission dc lunatico Inquirendo, being
simply tho formal legal finale to the proceedings in
the case. Alter giving the title case sfhc mat
ter vi tho application ol Thomas Lord, Jr. and others
Tor commission IN the nature of writ do lunatlco
lnquirendo against Thomas Lord, succeeds vacal
Ing order as ollows-
This matter coming to be hoard upon the order TO
SNOW cause granted herein by Judge Charles Donohuc
one OF the judges OF this Court bearing date tho
Sorcn ana Stone appearing behalf the SAID Thomas
LORD and Messrs. Lord, Day Lord appearing in be-
han OF Thomas Lord, Jr., ana others. petitioners
herein ana both parties by their said attorneys and
counsel consentlng to this order in opeu court
IL hereby ordered that tho order OF Judge Charles
IL. van Brunt heretofore granted that ing
GU the 3D. day OF January, 1878, directing Issuing
OF COMMISSION IN the nature Of writ dc lunatco IN
quirendo 10 inquire OF the lunacy OF Thomas Lord or
oil MS unsouudness OF mind and mental incapacity to
manage his Affairs be the Is hereby vacated
date the said I'd day OF January 1875 out OF tho
Court In pursuance OF said order and addressed TO
Enoch 1. Fancher George "A Peters, NJ d., and James
d. Fish, all OF the city and county OF Now York bc
and the same hereby Is vacated and that all proceed
ngs herein on the part OF the petitioners ana on the
part OF the same Thomas Lord be the game hereby
are set asldc vacated and discont nued without cost
TO either party CHI. DUNOHUE, j.
There was no formal appearance In court, aud tho
order was signed by the Judge and filed, without pub
city, as matter OF course. thus exit tho Lord
The New York herald., 1878-02-21

Earded by tho Corporation CounsePs ollce AS n sub
Itanlial success The plainuif appeared IN person
and by A. D. Vanderpoel: the city by William c. Whit
ney Cooperation Counsel, and his assistant Il. Henry
Lacomba.
INTERESTING MORTGAGE SUIT. =
In the Superior Court before Judge, Sedgwcs
and jury, there has been brought to trial suit
by George B. Turreli against Foster Mora upon u
covenant contained in an assignment Of a mortgage
as 10 the amount due. In 1871 Bayard, OF Pater-
son, N j., made mortgage for 1000 Benson.
broker named Woods negotiated sale OF tho mort
gage to the defendant Moral who year afterward,
sold tho mortgage 20 Turrell and guaranteed that
there was due on it the first and full sum OF $4,000
and interest Tor months After Turroll took the
mortgage he iorecloscd 1t in New Jersey.
Byard defended and the Court OF Chancery
and Court OF Errors IN New Jersey held the
gage Invalid In part for alluro OF consideration The
property sold Tor the decreed due on
~ aud Turrei became the purchaser for small sum-
damages alleged by Turrel TO have been sustained by
HIM on the breach OF Morals covenant He offered
The decree OF the New Jersey court the foreclosure
hult which was admitted IN evidence under excep-
ton, but which Judge Sedgwick charged the jury
hot evidence as against Mora, as he was not party
nor IN legal sense prvy TO that suit. The plaintiff
also attempted 10 establish that the mortgage
was usurIous, that Benson mere intermediary
TO cover the usurious transaction tnat the first
legal inception of the mortgage was when Mora
bought II from Benson and paid tor IT $500. The
defendant, in reply, showed that the mortgage was
bought by him from Benson directly, and tlnt he mad
not known Bayard in the transaction ept that
bayard mad sworn when the mortgage bought
that the iull amount was due 1t. The Court let
the jury the question as 10 whether there iul
consideration paid originally ior tho mortgage and
hs TO whether the mortgage IN fact
gwen by Bayard TO Benson ior iuil
consideration as between them II 1t were not SO
gwen, then, he instructed the jury the affidavit of
Bayard that the whole amount due was an es-
toppel only so far related to the amount actually
paid by Mora Tor the mortgage that in that event
lhere would be breach oil Morals covenant with
furre and that tho measure OF damages would be the
difference In value between the mortgage reduced
IRON SS,OOO and mortgage actually worth IS, 0OO
The jury, alter some delDeration eturncd verdict
In favor OF The defendant. MIR. Ira ID. Warren ap-
peared for plaintiff and Mr. Edward Patterson for de-
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01
Tho Cotton Estate.

The Stock Report says: "The rumor
that was IN circulation some days ngo
that General D. d. Cotton died practi-
cally insolvent, is, we arc pleased to
learn from one Of the family, not true.
1t was said that his fine residence on
California street. was mortgaged to its
full vaiue. This is also denied. with
the additional statement that all obliRa-
tIons against the property were relieved
before the General took possession Of
It, and that he took peculiar pride in
his lifetime in keeping it clear from en-
cumbrance. it is impossible. as yet, to
say how much the estate will clean up.
but We are assured the family will be
left in Affluence."
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01
Tho N.,l...l R..k..

The Controller Of the Currency in his
annual report which has Just been
made, makes lengthy argument in ia
vor Of the system Of National Banks,
and tries to show by assertions and hg-
ures, that the system is immensely prof.
liable to the govsrnment. and therefore
should not be interfered with. It is q
very plain proposition that the stock
holders OF the National Banks who are
drawing interest in gold coin on their
United States Bonds which are deposit
ell with the government, and for which
they have received 80 per cent. OF Ma
tional Bank notes. which they have pro-
ceeded to loan on real estate, mortgages
OF other good security, aud are thus
drawing current interest on their capit-
al, which gives them the clear advan-
tage Of the interest on their bonds, over
person who has his money invested in
any other wny, think the National Bank
system an admirable one. The advo.
Gates of that system will say that the
privilege to engage in the banking busi-
ness Is free to oil. an 1 therefore no person
has right to complain. But the fact is
that though any one has n right to engage
In the banking business yet it is we'll
known fact that only certain amount
OF money is required to carry on the
business OF the country and the neces.
sary amount being already in circula-
ton. person who now attempts to
start National Bank will be unable to
get the money into circulation and Of
course it would be Improbable to keep
it locked up in the vaults Of the bank.
But the fact remains that the banks
that are already established and have
their notes in circulation are reaping
all Of the benefits OF the system. 1t
will require much stonger arguments
than those advanced by the Controller Of
the Currency to convince the people
that it will not be better for the govern
inent to call in the National Bank notes
and issue its own notes in the place of
them. and let the Government reap the
advantages that under the present sys-
tenn are Rccruing to the National
Banks
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

A ludicrous eoairetenPs occurred at the
Aquarium last wesk-the Aquarium" {"
By the way, having already been put to
half . dozen different purposes consid-
erably remote from the culture or ex-
hibition Of fsh. Just nov they arc
firing Mile Geraldine out Of . cannon
there, One day last week Milo Geral
dine was duly ..hrsa. out Of the cshnon
and reposed calmly IN the Net prepared
for her reception. when lol bang went
the cannon. The gentleman whose
duty It 10 TO "hre" her had forgotten to
touch the spring which discharges the
cannon at the proper time. OF course
the discharge Of the gun has no more TO
DO with the aerial flight OF Geraldine
than has the eotic digamma. or George
Francis Train. or the truly learned Mr..
Dana, who speaks Ave or six languages.
In fact. the spring that worked Mile
Geraldine and the spring that worked
the powder discharge didn't 60 of to-
gether. Amazement Of the audience,
and then laughter.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01
Na. Brrcnrn recently received i. let.

~. okkcMBh recently received let
ter from Tom Green county. Texas,
signed "H. G. b." in which the writer
snys: "Nearly two years ngo I Srote you
saying TINT God had sent me 70 You for
376O. have not yet heard from you.
Send the draft at once, psya-
ble to my order. and God will reward
you" Mr.. Beecher has sent the follow
Ing reply:
Dtor S1:-In reply to your letter Of
November 3, will say that await tho
proper commercial documents. Any
draft the Lord may make upon me. in
your interest, shall esteem il an honor
to meet promptly. As yet have not
been notified by the alleged drawer. nor
has any draft been presented through
the regular channels. Itmay DO worthy
OF inquiry where the hindrunce or mis-
take lies. inasmuch as receive hun.
dreds Of letters like yours. informing
me Of the Lords will, but without the
Lords signature, and without authentic
commercial paper.
HENRY WARD BEEcHER.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01
XOie ROllcd.

The complete election returns OF this
State show that there were 1882 votes
cast as against 10, ,63I cast two years ago.
showing a decrease Of 1899. The coun.
ties i'll which the decrease occurs are as
follows: Douglas 0, Lincoln l99, Lyon
30, Nye lS4. Ormsby 81, Storey 1914,
washoe li3, White Pine ITO; total ,2470.
In other counties there are gains as fol.
lows: Churchill II, Elko 285, Esmernlda
2io, Eureka Col, Humboldt 80, Lander
l5G; total, 1881, which subtracted from
the decrease in the other counties leaves
"A net decrease of 1899 rs above stated.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

GEORGE Nav. F. l.. s., discussing in
the Geological Magazine the origin OF the
great lakes, states, among other facts.
that the bottom OF Lake Ontario is 365
feet below the sea-leyel AMI 600 feet be-
low its own outlet into the st. Law
renee; OF Ere, 462 above the same; OF
Huron, l45 feet above; of Lake Supe-
rior. SO feet below the soa-Ievel. and
concludes that the idea OF the eI-
cavntion Of Outario to depth OF 600
feet by glacier action is wholely unten-
able. and the theory of glacial eIcava-
ton for tho chain of large lakes must
be set aside, in which. says tho dmeri.
can Journal Of Science. he is plainly right
Mr., Nav claims that the lake depres.
dons are Of ost.glacial origin.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

GEX. SHERMAN Is not in favor OF re-.
ducing the production OF army officers
Mt the Government factory at West
Point. He says sixty vacancies occur
in the commission ranks of the army
every year, and the average graduating
clusses do not equal that number.
Somehow, nevertheless, there are OFF.
GERS enough now on the active list for
an army double the size Of that now
authorized by law.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

THoUdH there is q prevailing dullness
perceptible in many branches Of busi-
ness in our little city, improvements
continue right along, in that Of erect.
ing new buildings and repairing aud
improving old ones. 1t is attended with
some difficulty to secure mechanics to
perform work, as has been the case ever
since the flood in August. work being
no plentiful. All OF which is satisfac.
tory to mechanics. and carries with it
evidences Of the fact that Austin is very
for from being played ont. ."-Rsvtiile.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

FRED Hart has sold ont his interest
In the Austin Reveiiie. The following
notice appears in Saturdays issue Of
that paper: IF. II. Hart has disposed
OF his interest in the Rersiiis to John
Booth, who will continue the business
hereafter. In making tho announce
ment wo have but to say that no effort
will be spared under the new manage.
ment to make the Rsrsiite worthy Of the
liberal support which has been accorded
IL hitherto"
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1878-12-01

RENO Journal: I" Sharon should
either attend to his Senatorial duties or
resign his position. It Is altogether
likely that II he Is not in his seat when
our Legislature conyencs. a resolution
will be introduced requesting him to
tender his resignation. 80 that tho Leg.
islature can send some one TO Washing
ton who will assist Senator Jones In
looking out for tho interes, OF the
State"