davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
THE FITCH HOMICIDE.

A SATURDAY NIGHT DEBAUCH WHICH ENDED IN
TRAGEDY-Two MEN ARRESTED.
Daniel Fitch. the engineer of the Metropolitan Ele-
waited Railway who found in unconscious
condition on Sunday morning. opposite No. % South
Fifth avenue. died early yesterday morning at st.
vincents Hospital. Coroner Woltman empanelled
jury and viewed the remains, after which he set the
inquest down for Thursday next. Deputy Coroner
cushman held post-mortem and found that death
had been caused by fracture Of the skull.
The three companions of deceased we're locked up
in the Fifteenth precinct station house on q charge
Of intoxication One of these men. Napoleon Tibbs.
yesterday accompanied Detectives Adams and Crow
ley, Of the Fourteenth precinct to the scene Of the
encounter. He first took the officers to the Van
Dyke House. Bayard street and the Bowery, whore
the deceased and his three friends had been carousng
on Saturday night. They had there, he said, fallen
in with three who strangers to them. The
party got into wordy war over the respective
muscular merits of TiDbs and one of the strangers,
whom the former subsequently identified as man
named Heating. Tihbs challenged Heating to fight.
hut they were separated before any blows had been
exchanged. Tibbs and his friends then walked to
Mulberry street. where they were joined by their
former bcligerent companions. Here they continued
their quarrel. but officer happening to come along
they separated, Tibbs and his friends going down
Mulberry to Worth street, while the opposing force
sauntered in the direction of the Bowcry. They had
proceeded far No. 1877 Worth street when their
late opponents overlook them. One OF these was
armed with heavy oaken bale stick. with which he
struck Tbbs n violent blow while another man
showed deceased down steep cellar his head striking
with great force against the stone steps Deceased
assisted to his feet and half carried half dragged
to No. - South Fifth avenue. where he dropped in an
unconscious condition and subsequently removed
to st. Vinccnts Hospital.
ALLEGED AssAIIANIs.
In the meantime the assailing party had fed Cap
tain Brogan of the Fourteenth precinct at midnight
on Sunday arrested two men on suspicion OF having
been members OF the essailing party Ihey are VIII
lam Heating. OF No. 319 First avenue, and William
Kelly, Of No 3I1 East Twcntyiifth street. The for
mer made desperate resistance, but was promptly
overpowcrcd. The two men were locked up sunday
night in the Central Once aud were taken to the
Tombs Police Court yesterday. Judge kilbreth
mandcd them until this morning TO afford Coroner
Woltman and Captain Brogan an opportunity to ar
rest the third assalant.
Tibbs fully identified Heating and Kelly as two Of
the parties who had assaulted himself and deceased
and pointed out Heating the man who had thrown
Fitch down the hight of stone steps.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
A PRISONERS JUMP TO DEATH.

JAMES WARD LEAPS FROM THE THIRD TIER
OF THE ToMBs PRISON AND is FATALLY m
JURED.
young Canadian named James Ward who resided
at No POI East Fourth street. arrested Friday
last for stealing pocketbook containing seventyve
cents. On Saturday he arraigned before Judge
Wandell at the Essex Market Police Court, and
mited to the Tombs Prison in default of $500 bail to
await trial The Jail house of the Tombs is constructed
somewha. on the plan of a beehive, followed in the
middle. The cells arranged in four tiers around
the outer walls and open upon narrow galleries.
around which the prisoners are allowed to tramp
for half hour morning and afternoon for
exercise prisoners location is determined by the
nature of the offence for which he is held. The first
tier ground floor is devoted to the use of con-
demned criminals of all classes awaiting transpora-
ton to Sing Sing and to prisoners arrested for MUIR
der. The second holds forgers pcrjurers and embez
zcrs while the third and fourth used respectively
for petty thieves and persons arrested for INSIDE
,neanor. The third tier squad out for exercise
yesterday afternoon and Ward was among the num-
ber After several tours of the gallery Ward
dropped out Of the line and stopped for q
moment, to complain to the keeper that he
made uncomfortable by the presence of another
prisoner in his CELL and asked that he might have it
to himself The keeper told him he would see to it,
and Ward again joined the walking squad He passed
along to the end of the gallery and again dropped out
of line crouching in corner, that the prisoners
IN lime be behind a him might ran b Iha gallery Is
renders it impossible for any to fall over it by
accident. prisoner who had finished his exer-
else and retired to his cell. where Ward
stood crouched away. says that as soon as
the last man had passed Ward the latter
turned for a moment to open window
il to take last look ut earth and sky and then,
grasping the railing with both hands, sprang head
first it. dull heavy noise below attracted the
keepers attention to the bruised and bleeding body of
the unfortunate man stretched upon the thing
the large stove which warns the prison. DR.. Lam
bert. of life insurance notoriey, who occupies cell
the first tier, and who taking exercise at the
time, to the would be suicides assistance.
and directed the attendants what to do for
him pending the arrival of ambulance,
which telegraphed for by Warden Finn.
Ward removed to Bellevue Hospital, where II Is
thought he cannot recover. The fall resulted in
ugly bruse upon the left temple and the left side OF
his face, besides internal injuries. Deputy Warden
Finley says he remembers four of a similar
since 1885, but of them proved fatal. Great
care taken not to allow prisoner under the ntlr
of liquor when arrested to 20 upon the upper
tiers until he is sober, and any prisoner who by his
actions. shows any mental ailment is promptly re-
moved to other quarters.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
TEUTONIA SAVINGS BANK.

THE PRESIDENT AND SECRETARY ON TRIAL FOR
PERJURY WITNESS REFUSES TO PRODUCE
IMPORTANT DOCUMENTS.
Judge Flammer yesterday in the Fifty-seventh
Street Court, continued examination in the
Henry Dauscha and other depositors in the Teutonia
Savings Bank against John scheuerman. the presi
dent and Michael Hahn, the secretary Of the bank.
The charge against the accused is perjury.
The complaint charges that in the report made by
the defendants January 1876 to the Superintendent
Of the Banking Department the actual cost of certain
Oswogo city bonds was set down as $4,000. whereas
the real cost only $47500. This is shown by
checks paid to George Opdyke & Co. and by the
fesson OF Michael Hahn in a suit brought last July
by James d. Fish, receiver, against the banks trus-
tees and officers.
Henry A. Werner, clerk Of the Banking Department
and representative Of Superintendent Lamb was the
first witness called. He declined to produce tho
Teutonia statement in possession of the Bank Depart
mcnt which was considered necessary to prove tho
special charge of perjury instituted against the dc
PENDANTS. He added that he would allow it to be
looked at. but only with stipulation that 1t would
be returned to him. Judge flammer held that as
served him attachment might issue against
him, and that Werner might be held for contempt of
court. Counsel for the prosecution asked for the
commitment of witness for contempt. The magis-
trate said he would consider the request later.
Michael Hahn swore the signatures on the two
checks paid to Opdyke Co. were his and Scheuer-
mans.
The prosecution served a fresh subpoena on Mr..
Werner in Court to produce forthwith the papers
quired. Counsel for the defence objected the
vice irregular. The magistrate said he did not
believe new subpoena necessary.
Justicc-Iiaye you. Mr.. Werner. in your posses
sion the report of the bank for january. 1876?
Witness taking out paper)--I have u paper pur-
porting to be such.
Il call upon you to produce it,
II refuse to do so unless the papers be allowed to
remain In my custody during the adiournments.
Counsel for prosecution-I object to that condi-
ton.
wi.ness-1 shall remain as long az am wanted.
1--WE will see. said counsel for the prosecution, eff
there means to compel the production Of these
papers,
.'well" answered the witness, 'you will have to
use those means"
The case was then adjourned to the nth inst.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
FUNERALS YESTERDAY.

The funeral services the remains of Mr. Alfred
Colvll, for than thirty-fivc years member Of
the stock Exchange, held in DR.. Omissions Re
formed Dutch church, Fifth avenue and Twenty
ninth street. There a large attendance of his
fellow members Of the Stock Board. and. after tho
usual ceremonies, the remains taken to Green
wood Cemetery for interment
The funeral OF the late William J. Hughes, prcsi-
dent OF the Royal Canadian Insurance Company took
place at the Church of 81. Rose Of Lima, Cannon
near Delaney street. The Rev. Richard Brennan OFF,
catcd us cecbrant, Rev. Father O'Gorman deacon,
Row Nicholas Hughes as subdcacon, and the Rev. Il.
i. Mckinley a. master of ceremonies
The funeral of Jonathan simpson took place at his
late residence. No. III East Siyty-second street.
There was very large attendance of the friends Of
the decciacd. The rrreinunes were lcll at ST. luscs
Catholic church, lfohoius. ". y. The Rev. Faith Y
Dcnnis oilicat Il cclcbren.. The ntcrnicnt took
place at 81 Lukc's churchynrl.
The obscquies OF the late Rev. Ansel Leo for n
number Of years minister OF the Jewish CONGREGATION
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10

FREMONT, N. Y. Dec. g. 1878.

FREMONT. N. Y, Dec. 8. 1873
To THE EDITOR THE HERALD
Your remarks in to-day's edition headed PERJURY
as Matter of Form very appropriate. In COM
mercial affairs perjury carried to alarming
extent. and many fraudulent transactions only
made possible by perjury matter Of FORM"
Where the incorrectness of affidavit is too evident
thanks TO the inventive spirit of the legal profession.
it is to ''to the best knowledge and belief"
If reform is needed anywhere it is in Judiciary
system. and especially in those points referring to
commercial liti9ations. We need plain. cheap.
quick and decisive commercial law. uniform in all
States of the Union to protect the honest merchant
and tradesinan and punish commercial dishonesty.
The United States the richest country the surface
of the globe, shares. in commercial view, the same
fate as England, of whom she has borrowed her old
stylish, slow and expensive laws while France. pro-
tected by the best commercial laws in existence.
knows of financial disasters notwithstanding that
an unlucky and political disturbances threatened
10 ruin her merchants financially. MERCHANT.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
NATIONAL GUARD TAX EXEMPTION.

Argument was heard In the Supreme Court, Kings
county, yesterday, in the matter OF the People ex
rel Henry Sears against the Board of Assessors of
Brooklyn. The rclator is a member of the Forty
seventh regiment, National Guard. and claims that
under the act passed by the Legislature in 1870 he
entitled TO exemption from taxation ON property
during his term OF enlistment to the amount OF
81 900 and that he IL exempt from jury duty rcrpet-
ually. The Legislature, IL appears however, passed
am act in 1878 reducing the term of enlistment in the
National Guard from seven years to Ave years. In
the latter act reference is male Co exemption from
his decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
PUBLIC IMPROVEMENTS.

The following proposals were opened yesterday in
the Department OF Public Works--Paving with
granite block pavement vesey street. from Broadway
to West street; lowest bidder. John +. Broderck.
slo.6e5 80. Furnishing gas to markets. armories and
other public buildings and offices from January /.
1879. TO December l. 1879, Mutual and Harlem COM
panies, ~ per 900 feet; New York and Manhattan,
81 30: Metropolitan 81 -. For completion of Forty
second street bridge. between First and Second ave-
nucs; lowest bidder, Edward Frcel, vt $30,s3i 10
will be recollcctcd that the arcnway of the bridge fell
twice Tho last time the contract was let out to Jere
miah r. Byron at 3.21i 80.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
BROOKLYN BOARD OF ALDERMEN.

At regular meeting Of the Brooklyn Board Of
Aldermen. held yesterday afternoon, Thomas Mccain
4 co. sent in communication asking for permission
TO line OF carriages from the Fulton ferry along
Henry street and Clinton street to Third places
thence TO Third street, TO Ninth avenue 20 Green
wood Cemetery, and back through Seventeenth street
60 Henry street. aud thence 90 the Fulton ferry. Re-
fcrr, q to committee.
petition read from II. :. Christian and others,
asking t,a, tile Huwrnt canal he wilcnAl IL the
Ninth street bridge t. admit ~ the passage OF
larger vessels at that point. The subject was re-
tcrred to q committee.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
CLEARING OUT THE CHEESE.

Yesterday was boxing day at the International
Dairy Fair at the American Institute. All the cx-
hibitors busily engaged packing mp their
hibits IL having been decided that sale shall take
place by auction The one ton cheese ~ o. bo sent to
England. Tie bloodcd cattle also removed yes
tcrlay. and did not appear to be pleased with their
transfer from their comfortable pens to the wet
streets.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
THE WESTERN UNION INJUNCTION.
SUMMARY OF LAW CASES.

The case of Sarah Ann Biggs and the young man
who were recently arrested charge of robbing
the guests Of various hotels in this city, and partic.
ularly at the st. Denis Hotel the accused have been
indicted by the Oyer and Termncr Grand Jury and
were yesterday arraigned for trial They pleaded not
guilty aud the trial postponed.
In the suit for divorce brought by Andrew j.
ry,lcl against Amanda Ryleli, Oh the ground of
alleged adultery, in which the referee reported in
favor OF TIE plaintiff, order yesterday made
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10

Bnai Jeshurun attracted large number of Israetes
and nearly all of the Jewish clergy i'll New YORK
to the deceaseds residence No. 7l3 Madison avenue.
Rev. DR.. de Sofa Mendez of the Nineteenth street
Synagogue, oihciated and read the Hebrew prayers
appropriate to the occasion The officers of the He
brew Benevolent Society acted pallbearers. Inc
remains Inferred in the burial ground OF the
Congregation Shearith Israel, at Cypress Hills.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
COURT OF APPEALS.

ALBANY, Dec. o. 1878.
In the Court Of Appeals. Monday, December O. 1873.
Present Hon. Sanford +. Church, Chief Justice and
associates.
No. As Samuel B. Upham and others, assignees.
&C., respondents, The New York State Loan and
Trust Company. appelant.-Argued by William Allen
Butler for appellant and j. Mullen Jr. for respond
ents.
ent vs. Daniel Drew and others, appellants.-Argued
by Charles Jones for appellants and William Allen
Butler for respondent.
No. 20. John Gray and another. appellants. VS.. The
Central Railroad Company Of New Jersey, respond
ent.-Argued by Edward n. Dickeyson for appellants
No. "a. George E. Hodge, executor, &c, appellant.
vs.. Ellen n. Hoppock, executrix &c, respondent
Argued by John ). Woodward for appellant and John
+. Parson tor respondent.
CALENDARS
Motion calendar for Tuesday, Dec. 10, 1s7s.-Nos.
$751; $50, 3sS.
Day calendar for Tuesday Dec. 20, 1S7S.-Nos. 1876.
1885, 137, 13S, 122 139, l42, Sc.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10

FowLHR-LUcAs.-In Metuchen n. j., December 8,
the residence of the brides parents by Rev. h. r.
Nye, Miss AMELIA NJ FOWLER to JOEL II. LUCAS Of
Boston, Mass No cards.
HoMAS-ScoFTELD.-On December 7, at the resi-
dence of the groom, GEORGE W. HoMAN to EMMA L.
ScoFIELD
pENNocK--TooKER-Att the Reformed Church, Chit
tenango ON Thursday. December s. by Rev. Arson q.
Chester. FRED PENNocK. of Chittcnango, and ELLA
JOSEPHINE. elder daughter OF Samuel Tooker, Of
Chlttenango Springs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
A BANK STOCK INVESTMENT.

A jury yesterday empanelled and an opening
made Of the trial Of suit brought by Henry L. Bis
sell against Dorr RUSSELL before Judge Donohue in
the Supreme Court. Ia empaneling the jury the
plaintiffs counsel inquired whether any of the jury
interested in the Loaners' Bank or the Cont
mental Life Insurance Company, and on the other
hand. the defendants counsel inquired whether any
of them had lost money by the failure
Of bank After the jury had been Sc
cured n motion was made to amend the COM
plant to state that defendants rnisrep-
reservations III October 1875 continued by false
statements in December. The plaintiff. according to
his counsel, is . farmer from Chenango county and
had $500 deposit in the Loaners Bank and was in
the habit of talking with Mr. Dorr RUSSELL the presi
dent of the bank In the fall of 1875 he further
says he talked with the president about Investments
in companies and Mr.. Russell advised him that the
best investment would DO in stock of the Loaners
Bank; that it had special charter empowering II to
loan money at two per cent; that it's nominal
capital was $5O0,000. and that forty per cent had
been paid i'll, while sixty per cent was loaned
to the Stockholders their checks. ON these repre-
sentations plaintiff took $4,000 in shares. The follow
ing May a receiver of the bank was appointed and
plaintiff seeks to hold Mr.. Russell personally respon
sbe, alleging that many OF the old stockholders had
never really paid ono cent their whole subscription
being carried loan to them, and that very large
part OF the pledged assets worthless and fur
ther while Mr. Russell, in of these Conversations
pretended that there 100000 surplus, the re-
cciyer found that ut this very time, to meet some
&200.000 of deposits, there assets which would
hardly ever realize $60.0O0.
The trial of the will be resumed to-day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
MARRIAGES AND DEATHS.
ENGAGED.
MARRIED.

BATr-JAcoBY.-SMoN BAIT to Miss RACHAx1
JAcoDy both of New York. No cards.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
The trial of the case will be resumed to-day.
INTERESTING MORTGAGE SUIT.

L.
In the Special Term of the Supreme Court held by
Judge Barrett there was commenced yesterday the
trial Of suit brought by the Union Dime Savings
Bank against Francis J. Clark and Others tho facts of
which somewhat curious. The suit is one
brought to forcclose mortgage; and Mr.. Thomas l..
Sanford, ono Of the defendants, sets up the de-
fence of usury. II that the property
owned by Sanford and the defendant named
was foreclosed' an. and at the sale was
Sanford says that in order to raise money to
make good the balance of the bid he employed Ever
EFT Clapp. who obtained. as he says an advance of
$4,000 from the plaintiff at seven per cent IL being
at the time provided that the mortgages to be
made purchase money mortgages. To complete the
plan the title WAS perfected and the new mortgages
reassigned to Sanford IL is claimed that while
these Cages appeared to be purchase money
CAGES the fact that the bank knowingly advised
the scheme In order to obtain per cent bonus
on its advances Tho CASE which bids fair to be an
interesting ono, is still aud will probably occupy
two three days.
THE WESTERN UNION INJUNCTION.
decree signed, yesterday by Judge Blatchford,
In the United states Circuit Court in tho decision
rendered by that Court last week. in the suit brought
by Clinton q. Colgate against the Western Union
Telegraph Company for an alleged infringement of
patent insulator After short discussion by the
Court and counsel Judge Batchford signed the decree
establishing the patent and requiring the defendant
t. account before Joseph Gutman, Master in chancery,
for all tho savings. damages, &C., caused by the In
frtngeniclt of fle patent The question: of granting
the perpetual injunction reserved until further
orders OF the Court and the argument is to- be heard
on the sd OF December In the interval the counsel
are To serve their afdavits upon each other. Mr. Il.
II. Belts anu cx-Judge Shipnan appeared for tho
plaintiff ExJudgc Porter and Mr.. Clifford for the
defendant.
, 1878-02-22
The Yarrowc,t Railroad Ever known

\ new railroad from Bedford % Bill.
lcriCa enjoys the distinction 1T having
the uarroVr,t gauge uf ans railroad 900
the wurIi-twu feet. II was accepted
hy the commissioners some three week,
since, and {, now running seven train.
each Was daily, aui B, curiosity in it,
way. At rhr invitation ut Manager
Mansfield, the pres, of Boston and
Lowell we're invited lo ride over and iu.
-pect the ucw enterprise, which they
dbl yesterday afternoon m company
with the Director, and invited guests
Starting from the Lowell depot, "a half
hours ride over tie MidiIp.eN CcutAl
brought the Boston party 10 the south.
ern terminus ut the narrow gauge road
at Bedford. The appearance OF the iit.
tie cars and engine of the new road was
unique indeed. The cars set very low
on the trucks, are forty feet in length,
siX feet two inches outside width, with
walls three inches thick, leaving total
inside width of five feet eight inches.
The cars are made 10y the Rinlett
Company of Laconia, New Hampshire,
anu dlC VI Ahh btdNll,
being finished in fancy woods. The
seats, which are upholstered in plush,
are ranged after the usual order, each
seating but one person and each car but
thirty persons. All the wheels ofthe
rolling stock are eighteen inches in di-
ameter, except the drivers on the engine,
which are thirty inches. The engine is
model of compactness and is sort of
double. ender, thus saving the use of the
turn-tabe. After trip over the road
one marvels at the smoothness with which
the train passes over the ninety different
grades in the S63 100 miles OF road-bed
to the northern terminus at North Bill
lerica. All trains are equipped with the
Miller platform and vacuum brake, and
the rolling stock at present consists of
two locomotives, two passenger, two OBJ
servation, six fiat cars and one box car.
The locomotives, with coal and water and
men, weigh twelve tons each, the pas
senger cars four and one.half tons, and
the cost of the same was respectively So
500 and $4,000 each. The road cost
about 100000 all equipped, and the capi-
tai stock of the corporation is $4,000,
OF which $4,000 has been paid in. 1t
costs $1s a day to run its trains,