davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
THE VANDERBILT WILL.

The contest tho will OF Commodore Vanderbilt
was resumed before Surrogate Gavin yesterday FORE
noon Counsel Tor The contestant called Miss Agnes
Dodge, testified that she entered tho service OF
Commodore Vanderbilt. the year previous to his death
ana remained there until alter that event; she saw
Cornelius j. Vanderbilt only once in the SICK cham.
Der; she once heard conversation bew cen the do.
ceascd and Dr. Linsiy, during when the former
spoke 10 the Doctor In excited manor.
AIR. buchanan Clahi u, the father OF Miss Tennic 9.
Claim, was next called Mr. Lord stated that be do.
sired 10 prove by The witness that Commodore van
dcrbilt haa proposed marriage to Miss Tcnnie Cai
lin, aud had accordingly sought the approval OF her
parents; und that the disparity between their ages
evidence oil mental impairment on the part OF the
Commodore VINO wus after every marriaReaDle woman
OF acquaIn lance. he Surrogate, however decided
to cxcluuc the testimony.
While awaiting the arrival Of other Witnesses MIR.
Lord began to argue on the admissibiltty OF certain
evidence whch was offered and ruled against GU The
previous afternoon Counsel proposed 20 prove by
The testimony oil Mrs. Alien, VINO had not been We'll
enough TO give her evidence In court that In con.
versatlon held 1etween herself and William Il. Van.
derbit shortly alter the Commodore's death
no told her that his iather had oruered
him to take the will within hve minutes
aflor his 1.-THE Commojore's) death, and that
he did not take II until the next day, and Jailed 10 rcao
II until the following DAY. From This Mr. Lord DO
sired TO argue that William II. Vanderbilt was ac-
quanted with the Of the viii long before tho
otner members oil the family. The Surrogate admitted
the testimony.
Mr. CLINTON at the request OF counsel for the con.
tcstant, produced the release executed by Mrs.
Ethel,nda Allen TO her brotber William II. vander-
bit, her receiving her legacy, as provided IN the
WILL
rne case was adjourned until tomorrow friday,
at eleven O'CLOCK.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
ISAAC NEWTON WINTERS.

Isaac Newton Winters was married twenty-sevc
years ago 10 his wife EmeIine NJ Winters, In Sag
Harbor Long Island They lived together fourteen
years, during which time nine children wore oorn'
After the advent Of the last child Dir. Winters dis
covered no had business in Now York aud told his
wife he would return In week. Seven years passea
and nothing was seen heard Of Mr.. Winters. AT
tho expiration Of that time Mrs. Winters visited friend
IN Brooklyn, and while walking the streets OF that
CITY one day suddenly her lost husband
She rushed toward HIM with outstretched arms, but
was repulsed by Winters, who threatened TO Call
policeman. Much Incensed Mrs Winters obtained
warrant from Brooklyn Judge for his arrest but the
officer having the writ was unable 10 find Winters
and his VIE returned 70 Sag Harbor disconsolate.
Another six years rolled on still no tidngs OF the
absent husband. A month ago, however. Mrs. Winters
received a letter from Mrs. Mathews, living IN East
Thrleh street. New York, urging her presence IN the
city Mrs. Winters answered the invitation ID person,
and Mrs. Mathews told her an interesting story
She learned that her husband was conducting small
carpenter shop IN basement on the northwest cor
ucr of THIRD avenue and Tnirty-second street. he
mad done work Tor Mrs. Mathews, VINO Is widow and
a. ter completing the JOB, as s alleged threw himself
at her feet aud offered 10 call square II she Moua
but marry him. Mrs. Mathews declined tho magDani-
nous oer but Winters continued his attentions Tor
long time thereafter. Becoming weary Mrs Mathews,
who had her suspicions questioned winters and oD-
tanned ronl1bim a Glow which led TO the discovery OF
his secret She thereupon dismissed her lover, VINO.
in return presented her win an exorDltaht OH WHICH
the lazy refused 10 honor
on bearing this statement Mrs. Winters, accompa-
MED by three OF her sons made application to Police
Justice Wheeler Tor the arrest OF the husband whom
she haa seen only once In thirteen years. His Honor
granted her request ana omcer Norton unaer,ook 70
caplure Winters Armed with the warrant bo pro-
ceeded to The iaters shop IN Third avenue only 10
1nd the shutters up and the premises vacant.
IN. bird mad taken wing. Norton learned,
however, IRON Mrs. Matthew'S that Winters
had begun a civil action against her In
Judge Kelly's Court, Fourth avenue, noar
Twenty seventh street. The case vase was set down
for yesterday, and oficer was among the first TO
enter Judge KeIy's Cour. Isaac Newton winters.
called the clerk three times in stcntorian voice. but
Winters iaed respond, anu The case was dismissed
Officer Norton has since learned from son oil Mr..
Winters that his fatner Is stopping III Jersey CITY,
and announces his intention to remain out OF New
York State until the storm blows over. Young Win
Iers met father there day or two since anu says
that the latter shook his fist al him.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
1NTERMINABLE ERIE.
JAMES MHENRY ASKS TO TAKE HAND IN
THE LEGAL PROCEEDINGS.

JAMES MEENRY ASKS TO TAKE HAND IN
THE LEGAL PROCEEDINGS.
sort Of skirmish battle In the inter minable Erie
war was fought IN supreme Court Chambers, yester-
day, before Judge lawrence. The array OF counsel
was something imposing, every party involved having
one more in attendance. The occasion OF ths'r
presence obtained by James McHenry TO
have the parties show cause why ne should not be
permitted to intervene u co-plantG IN the suits OF
the Farmers Loan and Trust Company Of j. Bancroft
Davis ana OF tho PeopIeai against the Erie Railway
Company, TO have Mr.. Jewett removed and other
measures carried out. Mr.. Ashbel Green made
the formal motion to have Mr.. McHenry ad.
mitted as party. Mr.. Mcfarland, counsel
for the railway company opposed the motion, anu
made some severe structures upon the Efforts OF ar.
McHenry ITO project his personal preJudices INTO tue
case" MI Green said 1t remained 10 be seen wnetner
the Erie Company was TO be- one day "a solvent con
play Tito the hands OF dlsinterosted parties,
and the next day an insovent institution IN the
hands OF adrot counsel 10 exclude parties from their
rights.
seen what would be the effect OF this praticnl raid
mon tDe compauyn He raised the objection that
order tosnow mad not bcen served upon the
people tho parties, and that the Attorney
General not present 10 look alter the Interests OF
Mr. Potter b. Olney explained that he had Tor sew
era represented the official IN question SO lar
questioned Mr. Oineys authority aud inquired
whether rotice to show cause mad been served upon
the Attorney General, ana whether inc latter nad
sent any instructions Mr. Oiucy stated that he mad
personally received the notice Tor the people ana hud
written inc Attorney General Informing MN OF the
situation and advising thai the people should main.
tain passive attitude the matter. As be had not
received my response from MI Farchild he supposed
his pos ton was inuorsed.
Mr. Mcfarland trusted that no proceedings would
be mad on the preset branch OF the motion 10
show cause until Mr. Olney should have time TO serve
tue papers upon the Cniei Law officer Of The state
and receive definite INSTRUCTIONS in The matter. II
the Eric Railway Company Was TO be turned over 70
inc management OF McHeDry and his alhcs IL wou'd
be- a sad day tor the owners of The property.
Mr. Green said that long as tho people did not
objert there necessity Tor tulking OF them.
Mr.. mcfarland insisted that the people we're party
involved aud should have an opportunity 10 oe heard.
He was con 1dont they would object
Judge Lawrence ordered that the motion should
stand until Monuay that the papers should DO
served upon the Attorney General personally To-day
ana people should show cuuse as well as the
Farmers Loan and Trust Company and the other
parties involved.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
COURT CALENDARS-THIS DAY.

SUPREME CoURr-CHAMBgRs-Heid by Judge Law
ss lao 1885, 4 s 49, s. 49, - 60 81 ys i
2O2, 27, .27, 3d. 240 246, PAS. Assess;neul--Nos.
Al, A. A. ~ 49, 40, A. So 81. 49, ia l23 1885, l3S,
SUPREME Cour-GrsErAL TERM-Hcld BIZ Judges
DAVIS, Brady and luga,ls.-Nos ISL, 49, 1929, 1885,
1884, ls5, 81 lol 1870, l4s, lOs lo5, 1885, 3d. 49, 49, l5
TO-, 1856, 1875, III.
surRnMn CONGRESSIONAL TERM--Held by Judge Van
Bruu'Nos. ~ 222 40, A. 272 2so PSI, 2s2, $50 z93
53, 2l6 SOB, 3O4 $780, 800, 3o7 3Us 309 $40, 3D. Sl2
3l3 35 27 inclusive, 329 u 34S inclusive, 35l 352
SUPREME CouRr-CIEculr-Part Held Dy Juugc
15o 1873 2i77 1881 1855 1900. 1901 1868 1883
lo55, 1852 1862, 1868, l47l, % 2sl3, 1905 2723,
2724 Part 2-neld by Judge Pc ter-Nos. 800, 1869,
asi, lo4s, 1921, 1854, lo4 Part Sized W Joass
s 1s ssx s ST. II gs ss S s' 1885 &c., 1929 sS az
Il26' 2l79 1908, 1875 1919 1871 1927, 1917, lsosH,
1882 154o l64 1912 $780, 1885, 1915, lo47 l54s, 1904
1858, 14I3
surERIon CoURr--GESERAL TKRM-AdJourned Tor
SUPERIOR CouRr-spKcIAL TERM-Hcld by Judge
Frecdman.--No day calendar.
SUPERIOR CouRr-iRIAL TERM-Part Held by
739 400, 252, sll, 7ol, 900, 67s Parts anu 3-Ad-
Journed Tor The term.
COMMON PLEAs-GESERAL TkKM-Adjourned TOR the
term.
COMMON rLrAs-EounY TrRx.-Adjourned for tho
term.
COMMON PLRAs-CHAMBgas-Held by Judge Larrs-
more Nos. l5 TO-
COMMON PLEAs--,RIAL TERM-Part 1--Hcld by Judge
ROBIN soD.-Case on, No. l550H. NO day calendar.
Part Adjourned Tor the term.
MARINE CoURT--iRiAL TERx-Part Held by Judge
shcridan.-Nos. 24os, 275l, 134l, 4l2, 2l9l, S34s,
1888, 2S52 2l56, 22cS, 2724, 2725 21,3 z4oS 2Glo.
Part 2Iieid by Judge Gospp Nos. 1889, 4l43, 5000,
5000, 3ol2 lo2o, 4074, 400. 4i97, ALL Par. D.
Hed by Judge shea.-Nos. l04i, 34ls, 3491, 1867,
s1o3 34G7 Il5s $685. 365S 35l3 4i32 $685. $780, 4773
34I4
CouRr GENERAL srssIoss-Par. l--Held by Re
corner HacketL Tho People vs.. John Quiun, ieloui-
Gus assault and battery; same vs. Richard Jeroleman
icionous assault and battery; same vs. August
Schmidt, fclonious assault and battery; Same vs.
Henry smith, administering poison; same vs. John
PiuDkett, burglary; same w. Richard setgs
burglary Same W.. August schrodcs, burglary; same
vs. Michael McKenna, burglary; same vs.. David
Harvey, burglary; Same Va. James Kelly, burglary (;
same VI. EDWARD Reynolds, grand larceny Same VS.
Mary Ann Downry, grand larceny same w. thomas
Carroll grand i,rceny; Same vs.. 10 elh Shamaian.
grand larceny; Same vs. AdoIph Lohman, Tnev-
dOrc SULLIVAN anu James Fctiy, Robbery; same
VS. Patrick King, ieouious assault ana battery
Same James smith, ciouious assault aud Dattefy ;
same W. rnomas rIanIaan ana joan Connolly, cur
glary; Same w thomas Gsog ~, gfaDd Larceny same
". Marks Smaily forgery; same W, William PaImrr
forgery sauls W.. WiiiAm Clark, larceny IRON mo
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
CLOSING IT'S DOORS.

The Board of Directors OF the Brewers add Grocers'
Bank, Third avenue and Twenty-sixth street, had
meeting yesterday morning TO take into considera-
tion the affairs OF that corporation After prolonged
dscussio It was resolved TO allow the concern to go
iuto liquidation, aud in pursuance Of that resolution
the following notice was posted up
This bank will receive deposits and after
day Customers requested tv leave their passbUoks to
be written up and Withdraw their balances.
MARCH 20, 1873
Mr. Scheu the cashier, said That the only for
winding up the affairs OF tue bank that the bust
ness paw. Tho amount of capital invested, he
says is $3.50 000 and that this has suffered an impair
ment OF $32 900, OF which $4,000 IL chargeabe TO
ueprecaiion IN market value o! the bunk building,
and the the deficit Is TO the late cashiers
shortcomings.
Yesterday afternoon about SIS 600 remained on de-
posi and there appeared TO be very few callers with
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
GENERAL sESsIONS- l.
Before Recorder Hackett


ALLEGED CRUELTY TO CHILDREN
In the of MIR. George H. Tyler, late manager OF
the Olympic Theatre, who at the instance Of the
Society Suppression OF Cruelty to Children,
was charged with endangerng the lie OF young
roUatIc performer known AS "BaOy George" and
t'LIttle All Right who were under engagement TO
the defendant aud whose feats attracted much atten
ton. the bail discharged the indictments,
and Mr.. Tyler was allowed to depart
BOLD FEMALE THIEF.
Maggie Bowling approached a man named William
Sutton who was sitting ono Of the benches In the
City Hall Park on the Slh inst, and without much
plunged her hand his pocket and took there
iron thirty cents When arraigned Tor trial yester-
DAY by Assistant District Attorney Rollins tho prs
oner pleaded guilty, and Recorder Hackett sent her
to tho Penitentiary for the torn OF three years.
SMART PICKpoCKEl.
very bright lad, who gave the name OF Henry
Werner, tried yesterday Tor pocketpcking on
Eighth avenue found guilty and sent to the House OF
Refuge.
STEALING JEwELhY.
Abraham Hart. waiter, OF No. $40 Thru avenue,
pleaded guilty to the charge OF stealing quantity of
Jeweiry valued at 1925. from the premises OF Robert
N Anderson, oi No. IA Irving place, ON the 9th inst
and was sent TO the Peniteniiary Tor one year
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21

Mr. Hessler, q draughtsman from the Treasury De-
partment Washington, arrived In the city yesterday,
aud, after u short consultation at the Post ONCE
Balidin,, inspected the rooms occupied by Mr.
Davenport Mr Hcsser. with Mr.. Macevcer, then
proceeded tho ONCE OF Mr.. Blake Collector OF In
ternai Revenue SO Cedar street, Tor tho purpose
OF arranging Tor the oval OF some OF the iurnur
To The rooms on tue fourth noor oil the POST Once
Building, aud also to make the necessary preliDina-
rcs iOr the designing oil new luruurc Tor these room,
that lucy be lifted up and occupied Tor the Use
oi the Internal Revenue Department. Postmaster
James stated yesterday that he nnd not yet received
any reply 10 his letter IRON the secretary OF the
Treasury.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
COURT OF APPEALS.

ALBANY, March 20, 1878.
Proceedings in the Court Of Appeals, Wednesday,
March 20:--
No. l22. Royce VS.. WAtrous Argument resumed
and concluded.
No. % ComstocK Hen. submitted for appel
liant; argued by William G. Ruger for respondent. =,
No. l24 Crawford VS.. O'Conner-Argued by D. M.
Porter ior appellant and q. G. Eagan Tor respondent
No. 1926. Krekeor VS.. 1haule.-Argued by u. M
No. 1926 Kincaid VS.. Acknowledgment by X. W.
Van Pslt for appellant and r. f. Prime for respond
ent. Case still on.
CALENDAR
The following is the Court OF Appeals day calendar
for Thursday, March 81 1S7S:-Nos. l27 q, H. llo,
ldy az az and I1I
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
DIVORCE BULLETIN.

There has already been published In the HERALD
the particulars OF the suit Tor divorce brought by
Cbarlottc L. smith against her husband Henry W.
Smith Mr. f. ID. Edgsrton, tho referee, reported IN
tho wifc's favor. and notion was made to Juise
Lawrence confirm that report aud 10 grant decree
OF divorce. Judge Lawrence yesterday directed tue
REPORT back 10 the referee undcr the statue
directing in every suit Tor divorce Tor adultery
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
GENERAL ISSlONS-PART q
Before Judge Sutherland

On the 9th OF August last young lady named Miss
Frankie Holmes, of No. 1877 Gramorcy PARK, was the
unfortunate victim OF a murderous assault. which
nearly proved fatal A man named Thomas II. Clark,
who kept a shoe store sixth avenue and who for
merry employed Mss Holmes, was the assailant On
the 9th ol August ON Lexington avenue, the charge
suys, he dealt her several blows on the head with a
halcneL Clark's counsel, Mr. Kingsley, yesterday
said that after consultation with his Client he had ad
vised him to plead guilty, stating that the man
Intoxicated at tho time OF the occurrence.
Judge Sutherland sentenced the prisoner to The
State Prison Tor eight years.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
pltO.

ALBERa --On Wednesday, March 20 ANNA MARIA
CATHARlNE, daughter ol Henry and Meta AiDcrs aged
car, III months and dayr.
Relatives ana friends respectfully invited to at
tend tho funeral from the residence of her PARENTS
10 East l2tu 81, on FRIDAY, tue I'D inst, at two
o'clo, X p NJ.
AMMgRxASS.-Dicd In Brooklyn, March 10. 1878.
LOUISE bliss DAY, wife OF Albert Ammcrmann
Funeral services at her late residence, No. 100 Ell
lott place, ON FRIDAY afternoon, I'D inst, ut two
C'cl0cK.s
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
AVOIDING SERVICE OF SUMMONS
SUMMARY OF LAW CASES.


Edward b. Rogers brought 3 suit against Patrick J.
Connolly alleged fraudulent represents
tons speed aud soundness several horses sold
or exchanged between the parties. On the trial tho
compliant dismissed, aud Judge Robinson yeslcr-
day rendered a decision a motion Tor now trial
denying the motion.
General clinton b. Fisk, with his family, boarded
with Mrs Saran NJ. Perry. She says he engaged the
roo ms up to liked date, but this no denied aud
iu pay Tor the time Tor which she claimed.
She brought SUIT for the balance which was tried IN
tho Marine Court yesterday, before Judge Gocpp and
a Jury, ana resulted IN verdict tor plnintn for
$3.50 Su
In the case OF Anthony Devlin against William Nc.
Gowan, which was an action Tor crlm con-, and IN
which MCGOWAN arrested in the civil action, Judge
Lawrence yesterday sustained the point raised by hrs
counsel, Mr. Herman Stele that under section 831 OF
the Code, the wife is not competent witness in
allowed 70 testify on behalf OF the defendant IN order
to v,ndcate herself The order OF arrest against Nc
Gowan Is vacated.
Isaac Wolf has brought suit against Albert Meter
Co. to recover $25, OOO amount Of Two drafts drawn
by the deien dants, which he says he paid On motion
yesterday of Mr.. Henry H. Anderson, counsel for the
plaIntn an order was granted TO servo the summons
by publication against Albert Meter, being alleged
that he Is now IN Cincinnati. OHIO
In the Marine Court, Yesterday, before Judge Goepp,
Mrs Carrie Ford recovered judgment against James
Conlan, Tor SANDER, 10 the extent oil $50
Mrs. Lucinda dc Shay recovered IN the Marine
Court yesterday, before Judge Shea judgment against
Charles Wenser Tor $1,000 for alleged indecent assault
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
MARRIAGES AND DEATHS.
MARRIED.

BurLER-MoRGAN.--Att the residence OF the brides
March TO- 1875 by Rev. Il. X. Ingersoll, D. D., HENRY
X. BUTLER, OF New York, to KATE Q. MORGAN, OF
Brooklyn.
CoprIS-KYGnr.-On Monday, March Is, 1878, at
the BRIDES residence, by the Rev. Dr. A. d. Gillette,
X. HENRY COFFIN to CARRIE A. KNIGHT. No cards.
Rev. A. J. Palmer, JOSEPH n. Is. Poe to SADIE N.
HOFFMAN, all OF this city.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
THE COAL COMPANIES.

The representatives Of the coal companies In the
s'combnstion' met yesterday at tho Offices OF tho
Delaware and Hudson Canal Company. They reported
after the meeting that tho production for April
hxcd at 125, 900 tons This limit, Is said Is over
400 600 tons Tess than Was produced last April Tho
statement Is also made that the companies have de-
termIned on Q turtner advance IN pricos.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21

person; Same vs. Harris Levy larceny from the per-
son: same va Abram Abrabams, larceny from the
person. Part 2-Held by Judge Gidsrsleeve.-The
People Jacob Hem, ieonious assault and battery
Same vs. Patrick Cornell, Ielonious assault and bat
terry; Same VS.. Francis Cannon. burglary; Same vs.
Thomas Bellin DAVID Hall and David Martin, grand
larceny; Same VS.. Annsna Davis. grand larceny;
Same VS.. William Essig, disorderly house.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21

Judge Depue hxed the amount Of bail required In
tho case OF Benjamin Noycs yesterday at $1,000
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
EXPENSIVE MOLARS.

During the year 1876 Mr.. James IL. Teackle being
engaged to his trend Miss Purdy, and, contemplating
early marriage with her, accompanied her to the
house of John b. Rich have her teeth put in proper
repair. The most pressing necessity at that time was
TO have liberated tooth doctorcd and built up.
This attended to, and other repairs followed Tor
wn,en Mr.. Tackle promised TO pay; but In Septem-
ber 1876 and alter hls marriage, the latter was
tobisbed to find II bin presented to him amounting TO
nearly SI00 This he refused 10 pay. but says hc was
willing To pay 800 even $3.50 10 get rid ofthe
claim. the result was suit by the dentist against
Mr. Teackie, which was tried before Judge Sheridan
and Jury 10 the Marine Court yesterday the prin-
cipa the IN relation TO the value OF
the services. The jury gave verdict Tor $3.50 to
nj
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-21
HOW CREDITORS ARE KEPT OFF.

Henry b. wneatcrait recovered judgment on the
l0n OF January against George II. Jacobson Tor
Sl6l "a, upon which he issued an execution TO the
Sheriff. which returned dissatisfied. He then OBJ
tanned au order in supplementary proceedings TO ex-
anime Jacobson to his property Upon his exami-
nation IL appeared that previous judgment had been
entered against him by a friend Of his named LOUIS
winters upon hctltlous claim IL also appeared that
the complaint IN said action was subscribed IN WIN
ters' name by jacobson, who personhtcu winters DO
fore the notary and swore 10 the complaint upon
which the Winters judgment WIS entered Alter
this selI-maue plastic judgment was put on
tue record execution was Issued TO the Sherii
md returned upsatlshed, formal examination
was had and friendly receiver appointed, so as 10
Keep of other creditors. The plaini'ns attorney OF
recoru in reality the deieEdanps attorney, and
thus the friendly judgmcut was easily obtaneJ. mo
Judge McAdam, upon proof OF The above facls, set
aside yesterday the fraudulent Judgment execution
aud appointment OF receiver, anu issued warrant ior
the arrest Of Winters, jacobson ana the attorney, all
OF wnom are required show cause why they should
not be Incl and imprisoned Tor tbeir aforesaid ms