davidaulloa/AmericanStories huggingface dataset:
Stevens County tribune. (Morris, Minn.) 1877-1880, 1878-08-01

The vigor with which the British Gov.
eminent is establishing its authority in
Cyprus must soon secure that island an
honest and progressive administration,
which will encourage trade and stimulate
agriculture. American commerce should
benefit by the revival, since it will enjoy
greater freedom and security under the
British flag than it could under that of
the Porte. The commanding position
Cyprus occupies in the Levant makes it
suitable ss trading station, whence
goods may be distributed to the markets
ofSyria and Asia Minor. The. readiness
with which Greeks fastened to the Island
when they learned of the contemplated
transfer is significant, and indicates that
it may again become great mart z
The New York herald., 1878-02-20
WAITING ON JUSTICE.

Francis Covert arrested and indicted for forgery
the third degree the Sd OF May last brought to
the General Sessions for trial. when no pleaded not
guilty. jury was empanelied to try his and
was sworn in Tor that purpose, but without the
sent of Covert they were discharged and he was
remanded back to the TOmbs On the 11th day OF
June following q motion made 10 change tho place
OF trial from the General Sessions TO tho Court OF
Oyer and Tcrmner, which was granted. Notwith-
Standing the iact however, that over iour terms OF
tho Oyer and Terminer nave since passed
attempt mas been made by the District
Attorney TO try the case. Mr. George w. Gibbons,
counsel for Covert yesterday obtained q writ Of
habeas corpus, returnAbe forthwith before Judge
Davis, 10 effect the discharee OF the prisoner,
for that the prosecution had failed TO try
Covert within the time prescribed by law, and, ior
the further reason, that the prisoner could not be
tried again tor The same onence The empanelling
OF the jury the Sd oil May last, alleged. being
trial. and the discharge OF the Jury without the
sent OF Covert contrary to law. he argument OF
motion was adjourned until to-day, at which time
Judge Davis will dispose OF the Tho prisoner
has been IN the Tombs tor nearly fourteen months.
Assistant District Attorney Rollins appeared ior the
prosecution.
The New York herald., 1878-02-20
A BUKGLARS FRIENDS.

James Wilson, butcher, Is now In tho Tombs 10
answcra charge OF burglary made against him by
Robert Taylor, OF No. 25 Forsyth street. On the 10Th
INST Taylor heard noise In tho house and
Wilson In the act OF stealing seal skin sacquo and
other goods worth $780, lie caught the Intruder in
the street, but as he did he was attacked by two
strangers, who struck him and released Wilson, who
attcrward was captured aud arragned at Essex Mar.
kct court with the above result Yesterday JoEr
Reilly aud William Baker were brought TO the same
Court as the men who had aided Wilson. They were
idennncd by several Witnesses Tho evidence against
them was OF tho strongest KIND and they about
10 be committed whom their counsel asked that little
time be allowed for them to witnesses Tor the
defence The prisoners wero thereupon held for OK.
nation
The New York herald., 1878-02-20
THE COURTS.
Damages for Malicious Prosecution Of
Civil Actions.
POLICE APPOINTMENTS.
A Legal Question as to the Re-
newal of Leases.

Mrs Martha D. Smith brought q suit against Amelia
Smith, impeaded with others, in which she seeks to
recover $780, 900 damages under circumstances rather
peculiar in character sho says that she is tho owner
In ice OF house aud lot Fifty-second street, near
Fifth avenue; that tho defendants, through their
counsel, filed in JULY 1873 in the County Clerks
Office, notice OF the pendcncy OF q suit brought by
them against her In the Court OF Common Pleas to
recover the interest OF her husband, Alpheus s.
Smith, In tho house and lot in question; that It
climed by these parties that ner husband was tho
owner OF Tho property that her title was fraudulent
one and that her claim 10 the ownership was Tor tho
purpose Of deiraudng tho creditors OF her husband.
The came 10 tral before Judge Lawrence, hold
ing Supreme Court, Specialt Term. In her
compliant she AYERS among other things that
prior TO 1ng in the County Clerks Office the notice
referred 10 sno had nearly c0nsummated sale Of tho
property 10 Mr.. A. B. Rand for $3.50, ,000 and that
after the fling OF such notice he refused TO take any
further action toward the purchase IL Is upon ths
state OF facts that she demands the damages men,
toned. Tho defendants nterposed demurrer 10 the
complaint, tho main ground VI which was that no ac
tion for damages could lie TOR the prosecution OF
civil suit such prosecution was as charged In
the present case malicious and 1t also being insisted
the action Judgo Lawrence, in his decision gwen
yesterday overrulcs tho demurrer In his written
opinion he quotes at considerable length decision
rendered by Judge Wilson, OF Vermont, holding that
there good basis Tor damages for malicious prose-
cution OF civil action. Judge Lawrence grants
twenty days within which to put In answer TO the
complaint
The New York herald., 1878-02-20
BABYLON AND ISLIP.

The bay fight between Babylon and lslip over the
right to fish and clam and plant In the waters
OF Islip is at Its height. Babylon would not allow
lsp people 10 plant CLANS or oysters within Its jurs
dicon, but insisted upon doing those things In lsp
waters The Legislature passed act by which
Babylon people became criminals If they either took
oysters or clans The Babylon people wish this law
repealed, as II affects Their income, The value Of
clans aud oysters taken IRON these waters annually is
estimated at Sl,OOOOo0. The value OF the edible fish
taken prior to the passage OF this less than
$780, 00O The saKng Of the oyster beds prevents tho
taking OF fish in large numbers because boats
navigate without disturbing the oyster stakes, which
is n msdemean0r IL Is now proposed TO make the
waters Of both tho town OF lsp and Babylon tree
everybody.
The New York herald., 1878-02-20

re, the father or Ammo Farrell girl six.e.a years
OF for the release OF the latter from the House
Of Refuge Ii that the father had his
confined there for disoDeying his wish In attending
bail. Her release was demanded and granted on the
ground OF the illegaIity OF the commitment
Israel Randolph, who lived to be -ieur years
OF age during tho latter portion OF his lie
journer the ST. Nicholas HOTEL where for sixteen
years Bridget McGinnis, one OF the hotel chamber
maids, attended upon him, he promising, as she
alleges, TO pay her handsomely for such services.
She brought suit against the executors OF Mr.. Ran
dolph, claiming So 900 Tor such services The matter
was referred to Cornelius Minor, who reported that
81, 0S0 would be ample compensation. This report
was yesterday confirmed by Judge Donohue.
In February, 1876, Charles w. Clifford fell down coal
hole The Fourteenth street side Of the Union Square
Hotel sustaining severe injuries. He brought suit
against Mossrs. A. j.. Dam Son. the propretors of
tried yesterday before Judge Freedman in the Supe-
rior Court The defence was denial OF any negligence
the part OF the defendants ana contrbutve negli-
gence on tho part of the plaintiff The Jury rendered
verdict In favor OF the plaintiff for 5000. Mr. T. y.
Browne appeared for the plaintiff ana Mr. DO Witt
Baldwin ior the defendants.
The New York herald., 1878-02-20
RAIDS ON GAMBLING HOUSES.

Sergeant Moloney, Of tho Fourth precinct, with q
squad OF officers, made descent yesterday afternoon
on the gambling house No. Is Ann street, and arrested
the reputed proprietor James Taylor, ana Harrison
Smith, James Harvey. William Raymond and Isaac
Smith who were in the room. The were seated
around table on which were clay out" and a guam
tty OF "chps" together with "caso rack" and other
gambling utensils. Tho prisoners were arraigncd
before Judge Bixby at tho Tombs Police
Court, who held Taylor IN $1,000 bail and
the others IN 500 bail each 10 appear Witnesses
Tho latter not having ball. wore sent to the House OF
Detention. Taylor was also committed his bonds
man aot arriving until alter the Court had adjourned
The gambling paraphernalia was sent to tho Property
Clerk.
Another raid vas made on the gambling house No.
AZ Bowery Dy the police OF the Fourteenth precinct
William Temple and William Irving were arrested aud
held by Judge Bixby IN $1,000 bail the CONF plant
of James Todd, who charges them with keeping the
nlacQ.
The New York herald., 1878-02-20
RENEWAL OF LEASES.

In 1856 Mrs. Do ollie leased 10 the Fulton Bank
lot the Of Fulton and Pearl Streets now
cupisd BY tho Fulton National Bank Tor twenty -one
years. with privilege OF renewal at the expiration Of
the lease The bank was TO pay $1,000 year ground
rent and taxes and assessments upon the property.
Tho lease was made to Mr. Karnochan the president
OF the bank, and expired the 1st of last May.
Meantime Mrs. De Wolfe died. leaving her
property in the hands OF trustees for tho benefit
OF ner heirs The bank, on the expiration
OF tho lease, did not 10 have tho Same
renewed. On the part OF the trustees IL is
claimed, however, that the bank Is compelled TO
renew the lease and suit has been brought om-
pei such renewal The came trial yesterday.
before Judge Van Worst, holding Supreme Court,
Special Term. The testimony ot course was merely
docun entary, but tho question beng decidedly novel
excited good deal OF interest among the lawyers
present, and the decision, which may probably servo
to change the relationship oil lossors lessees Will
bo look ed forward to with considerable in nterest.
The New York herald., 1878-02-20
YOUNG SCAMPS.

Little Minnie Schgman, eleven years OF age,
daughter OF Mr.. sigmund seligman, OF No 236 West
Forty fourth street, was standing In company with
companion named SOPHIE Cohen in Eighth avenue,
near For,y.ath street, Monday evening, when two
young boys. named James Hayes and Charles Reilly.
came up and spoke 10 her Hayes attempted 10 take
some candy out oi Minnie Sell gman's hand ana she
generously handed him hall OF what she had. About
the time Reilly snatched pocketbook from the
pocket Of her sacquc, and then both boys of The
girls alter tncm, and their crles attracted tue
attention oil Ofccr Butts Of the Twenty second pre-
cinct, who arrested both Hayes and Reilly. Judge
Otcrbourg at the Fifty-seventh Street Court ycser
day held ,hom In $500 bail each. Mr.. Selignan was
not xious to prosecute the boys but Judge Ottcr
career crime, and that TOO mucn leniency would do
more harm than good.
The New York herald., 1878-02-20
COURT OF OYER AND TERIINER.
Before Judge Davis.
-

CONVICTION OF THOMAS IL. LEWIS.
The trial OF Thomas r. Lewis, the former book.
keeper of b. T. Babbitt, who was charged with en-
bezzement of bis employers funds and forgery was
continued yesterday, largo crowd being In attend.
ancc, as on the previous day. Two witnesses were
called by the defence to prove experts that the
handwriting in the body OF the forged receipt was not
In the handwriting OF the prisoner appeared upon
the cash book kept by HIM. These fatty contradc
zach other in respect the comparison OF the receipt
upon which Charles r. Beckwith was convicted aud
the receipt upon which the present was being
tired. One stated that the person wrote both,
The other sworc positively that 1t not possible
for the same person 10 have written both. Lewis
himself was put on the stand and that he aid
not make out the forged receipt and never had any
knowledge OF existence until produced tho
ent trial. When asked where he got the dcpos-
tied the Third National Bank TO credit IN July
2G 1872 beng the day OF the mt and
forgery he answered that II was embezzled from b. T.
Colonel Fellows counsel for tho accused. In sum.
ming up that his client had zzed large
sums of money from Babbltt, but insisted that tho
foryeries were not committed by him with his
knowledge, but had probably been committed by
Beckwith, or Lrampton, or somo elsc
Champion having been an cmploy6 OF Bab-
having dcirauded Babbitt out OF large sums
OF money, and, as IL appears from tho testimony.
hews Sas 90 oos detect " Sy examining
sstant District Attorney Hill, IN his summing up Tor
the prosecution, efecually dspellcd any doubt
whether the ploa oil Lewis counsel client was
guilty Of larceny only and not forgery would avail
Judge Davis, in his CHARGE reviewed the testimony
In the most clear and impartial manner aud said It
tor the jury to determine whether or not tho
prisoner committed tho actual forgery whether he
procured il to be done. Ho charged In either case
the guilt was the same He charged further that tho
forgery and abstraction bad been clearly proven
and that the defence had not attempted to show
that any one mad assisted tho prisoner The
iact oil tho deposit OF 81, 500 ON the day OF the
embcZzcment to his own credit In his bank was
he stated, sign hcant circumstances, and would seem
10 indicate that he had plicc. Ho said the
Jury would have the cash book and tho receipts and
they could themselves make a comparison of tho
writing.
The jury retired about half past one T. NJ. and at
quarter OF three returned with verdict OF guilty,
The prisoner by order Of the Court remanded 10
the Tombs
THE KILLING OF CATHERINE HAYS.
The Court next proceeded with the trial OF Edward
Newman, charged with killing Catherine Hays at No.
"A Gouvcrncur street, on the Attn Of September last
The two It'll stated, were lovers, and 1t Is further
alleged that In III OF jeal usy Newman stabbed her
with an oyster knife aud then attempted take his
own lie. Assistant District Attorney Bell opened for
the prosccution after which the Court adjourned
until this morning. Colonel spencer appeared Tor the
accused.
The New York herald., 1878-02-20
UNITED STATES SUPREME COURT.
WASHINGTON, Feb Is, 1875

Tho following case was heard to-day
No. 205 Marsh ct al vs. Seymour Morgan, ap-
peal from Circuit Court for the Eastern district Of
Pennsylvania; and No 236. Same VS.. Same-Alpeal
from Western District VI Pen ennsyivania-lhese
recover for tho infringe OF patent Tor
harvesting machines belonging 10 The appellants Tho
answer denied that they presented any new and use-
ful features, allcg ng that machine made prrsu.
ance OF tho specifications drawings aud models de-
posted In the Patent Office totally inopcra
tive ana I'm mpraciicabe and not useful To the pubic
that tho machine used Is different from the one de-
scribed In the patent The decision sustained the
patent, and u is here urged that the Court in
doing that due weight was not attac tho dill
fcrcnccs IN the issues ana the PROOFS ana that undue
Importance was gwen TO former decision respecting
s0mo points IN the suit IN another case. j. j.
Coombs and j. Parker ior appellants; George Harding
tor appeliecs
onm motion Of Solicitor General Philips, II. Spencer
OF Bloomington, Ill, and William II. Duryea, OF
Brooklyn, n. r., were admitted TO practice.
No. 236. James 5. Marsh ct al, appellants, vs.
William Ii. Seymour and ID. s. Morgan.
No. 205. James ). Marsn OF al, appellants VS..
william II. seymour aud ID. $. Morgan.-Argumeut nj
continued by j. j. Coombs Tor the appellants and by
George Harding Tor the appeees, ana concluded by
J, U. Parker Tor the appellants
Tho Court then adjourned until tomorrow,
The New York herald., 1878-02-20
A NOTABLE POLICE CASE.

On behalf OF Policeman Ira NJ. Clapp Mr. Oakley Hall
yesterday moved in the Supreme Court to perfect the
judgment OF the Court Of Appeals restoring his client
the orce. Tho has been years tho furnace
Of litigation. The Matsell and Disbecker Board had
removed Mr.. CIapp on the ground that when he was
reappointed patrolman by the Smith Board he was
over thirty year of age and ineligible. Charges
accordingly preferred against MIN Of conduct unbe-
coming an officer. The specincaton was that he
was illegally appointed. Tne officer removed
bis case to tho Supreme Court. Chief Justice
Davis and his concurring General Term,
while recognizing the funny aspect OF
o Board dismissing patrolman TOR conduct unbe-
coming an officer when he was simply ostensiby
doing his patrol duty, nevertheless decided that
Board OF Police held such discretionary control over
the orce that II Obtained jurisdiction OF the person
the mode aud reasons for th cir removals OF policemen
could not be inquired into The case was argued In
the Court Of Appeals fortnight since by Mr.. Hall tor
Clapp and MIR. MacLean for the Board, and with the
result OF complete reversal The effect Of the decision
believed 10 allow the ull Board OF Polico. II there
Is no dissenting vote, TO reappont any old p0 ceman
but 10 leave the rules OF age and other quahcaons
to remain against original appointments, thus allow
Ing merit and experience TO become Tor reapp0nt-
mentS The sole Qualifications.
The New York herald., 1878-02-20
COURT OF APPEALS.
Albany, Feb 10, 1878.
DECISIONS.

DECISIONS.
In the Court Of Appeals to-day the following do
cisions handed down.
In re Petition of the Hebrew Benevolent Orphan
Asylum OF New York.-JudgmcnI modified SO as 10
affirm order without modification aud without COTS
TO cilher party IN this appeal the respondent 10 pay
$40 OF this motion aud costs Of rcmttitur and
subsequent proceedings
Horn VS.. Pulman.-Moton denied, without costs OF
motion.
Dering va. MetcalE Motion denied, without costs.
Littancr vs. Goldman. Judgment reversed and
judgment Tor defendant with costs, with leave to
plaintln 10 amend complaint pay msnt OF costs
within twenty days alter notice of ny remittur
Wilkinson VS.. The National Fire Insurance Com
pany; Troy ana Lansingburg Railroad Company vs..
Bank OF Commerce VS.. Bissell; Schaley vs. Halsoy.-
Judgment affirmed, with cOsta
McNuIty Va. Hurd-Judgment Of Supreme Court
and decree Of surrogate modihed by declaring tho
same without prejudice 10 action by the adminis-
for reief aud staying proceedings thereon Tor
sixty days after filing tho remIttitur enable him to
bring such action, II ne shall be advised, without
in tins Court Supreme Court either purity
McMurray vs. Noyes; Mowry VS.. SanDorn; Furst
Second Avenue Railroad C0mpany.-Judgmeats It's
reversed and new trials granted abide events
In re Petition Trustees oi New York ana Brooklyn
Bridge vs.. Burr-Order OF General Term reversed
and tnat OF Special Term affirmed, with costs.
Garvey VS.. McDevitL-J Judgment affirmed, with
costs OF all parties 10 be paid out Of the estate.
People vs. Brown.-Judgment affirmed.
Morris vs.. TuthilL-Order fiirmed, with costs.
MOTIONS.
Dorrity VS. Rapp.-Mot,on Tor rcargument sub
Coo vs. Cassidy.-Motion for reargu gument submitted
GENERAL CALENDAR.
No. 10l. Madison Avenue Baptist Church vs. Bap.
tst Church of Oliver rstreet-Argumcnt resumed and
concluded.
Nos lO3 and IO4. Townsend vs. City of Brookyn.-
Argued Us one case by John j. Townsend Tor appcl-
CALENDAR.
The following is the day calendar OF tho Court Of
Appeals for Wednesday, February 2O:-Nos. 05, 0o,
los, 62, 81, ~ LOG, l02.
The New York herald., 1878-02-20
OUR COMPLAINT BOOK.

lSork-Letters intended for this column must be
accompanied by the writer's full address to
insure attention Compliments who unwilling TO
comply with this rule simply waste time in writing
Write only on one side of the papers, HERALD
The New York herald., 1878-02-20
SUMMARY OF LAW CASES.

In the suit for limited divorce brought by Mary
Macdonald against james Macdonald, the facts of
which were published in yesterdays HERALD, dc.
cision was given yesterday by Judge Donohue deny.
Ing the motion to change tho place OF trial this
city to Essex county.
On motion OF Mr. Denis A. Spcllissy Judge Donohue
granted decree OF absolute divorce yesterday In tho
'ut oil Emma Richcrt against her husband, Frederick
Richcrt, the decree being iavor of the plan who
s also awarded the custody of their child. Tho de.
cree further PROVIDES for aud counsel fees the
question oi amony bong reserved for future consd-
Grafton.
Pendng a suit for divorce brought against Lewis
Koran by his vile Elizabeth the former was sent to
Lrdlow street jail for non-pay mcnt OF alImony. lie
became sick while In jail, ana yesterday obtained an
order from Judge Robinson for his removal to Belle
vue Hospital for medical treatment
Judge Donohuc yesterday granted nm applcotion
naoe py Soionci spencer on behalf OF Michael Far
The New York herald., 1878-02-20
GENERAL SESSIONS-PART /.
Before Judge Sutherland
THE FURNITURE ROBBERY

THE FURNITURE ROBBERY.
Eugene B. Newha, who was jointly indicted with
William G. Brandon and John Lynch, charged with
beng implicated in the robbery OF tho furniture of
Mr. McKcndrec Jones. stored in the warehouse OF
Seabrooke Purdy in Washington place, arraigned
Tor trial yesterday by Assistant District Attorney
Lyon Owing to the absence OF counsel the trial OF
case was adjourned. Brandon IL VIII be
was convicted in Part some time ago and rcmandud
for sentence.
STEALING MUSICAL INSTRUMENTS.
George Cooper, shoemaker, was charged with
stealing Two xlthers vaned kIn from slnrA af
The New York herald., 1878-02-20
GENERAL BANKS LAND BILL,

To THE EDITOR HERALD:-
What has become OF General Banks Land biily Mr.
Wright OF Pennsylvania, Will, hope look after II be.
lore congress adjourns, for lie Is the poor mans
friend. WORKiNGMAN
The New York herald., 1878-02-20
THE CONDITION OF STATE srREE,

To THE EDITOR or THE HERALD:-
wish 10 call the attention OF tho Police Commits.
soners, or whoever has charge OF the matter State
street II Is in a filthy condition aud the snow re-
mains there since the last storm. FIRST WARD
The New York herald., 1878-02-20

WASHING SIDEWALKS IN FREEZING WEATHER.
To THE EDITOR OF THE HERALD:-
have noticed, during iorty.three years. residence
In this city, that with many II is a common practice
to wash their sidewalks when the weather is cold
that sheet OF ice Is at once formed, dangerous to
pedestrians. Why 10 not the City Fathers pass an
ordinance forbiddng the practice, or II one exists
why do not the police enforce ~
READER OF THE HERALD
The New York herald., 1878-02-20
pIsoRDERLY PERSONS IN cHHY,

DIsoRDERLY PERSONS IN cHRYsrIE STREET.
To THE EDITOR OF THE HERALD
The attention OF Captain Foley is called to the bad
and dangerous men and women who frequent Chrys-
tie street, between Broome and Grand. His police
men allow them do as they please. r.
The New York herald., 1878-02-20
Jonas SANGER No. leo Chambers street, which place he
was seen leaving on tho 18th inst The prisoner was
found guilty and sent the State Prison Tor year,
GENERAL PART 2.
Before Recorder Vackett

Before Recorder HackctI
ADULrERATED MILK.
Henry Ringel Of No 5S3 Grand street, was arragned
for trial yesterday an Indictment charging him
with offering Tor sale. tho Sth Of October last
quantity Of impure and unwh oesome milk In viola
ton OF the laws OF The Board OF Health. The accused
pleaded guilty ana Recorder Hackett imposed fine Of
$50.
The New York herald., 1878-02-20
ADMISSION TO THE BAR.

ADMISSION TO THE BAR.
TO THE EDITOR HERALD
Please call the attention OF Judge Robertson, CHAIR
man Of the Senate Law Committee, 70 the fact that
the recent rules OF the Court Appeals in reference
10 the admission OF students great Injustice to
the law office clerks who filed their certificates PRIOR
TO 1877. These clerks ought 10 be exempt from the
operations Of the new rules. LAW CLERK