davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1878-02-06
PONY PHAEToNs FOR THE PARK.

PONY PHAETONS FOR THE PARK.
rather singular suit TO trial yesterday boforo
Judge Lawrence, Supreme Court, Circuit Tne plain.
liG the suit Is Chester Grswold, OF the
Pneumatic Steam Association. and the defendants A.
T. Demarest & Co., the carriage dealers Broadway.
II charged in the complaint that Zohe,h L. Durfee,
former treasurer OF the association, the 9th Of
april, 1876 ordered some carriages Of the defendant
and gave III part payment check Tor 81 600, signed
by himself treasurer OF the association Tho money
paid on the check ana It Is now sought to compel
Its repayment on the ground that at the time OF max
ing THIS contract Duriee was insane, he having d.
rectly afterward been adjudged lunatc in proceed
ings do lunatico inquirenoo IN the Supreme Court
and committee on his estate and person appoin ted,
no meantime being placed In the Butler Asylum,
Providence, T. j., where he Is at present confined
Mr.. Demarest states IN hts answer that on tue day
mentioned Durice came to his place OF business, pre-
mess card aud stated that he wished TO
negotiate for the purchase Of twenty pony phae-
tons to in the Park. He says that Mr. Durlec
struck him as perfectly sane and US driving very
close bargain. was hnally arranged that he should
pay 81 0UU and the balance the completion Of
the phaetons, some OF which were 10 be delivered at
the end OF ten days and the balance week later.
Mr. Durfee come alter the phaetons but failed
do He says haa the order niled, and instead
of beng compelled to reund the g. 600 insists tha
he been damaged 81 900 in the transaction. The
trial will probably occupy TWO or thrce days. Messrs
Briusmad Hobrook appear for plaintiff and Messrs.
g. L. N. ID. Lawton Ior the defendant
The New York herald., 1878-02-06
MORTGAGE ON A CONVENT.

Judge Pratt, of tho Kings county Supreme Court,
granted application yesterday, made bcnalf Of
the managers OF the Academy OF the Visitation, Villa
do saies located near BATH. L. l., 10 mortgage tho
property for $4,000
The New York herald., 1878-02-06
IMPORTANT TO POOR sUlToRs.

Judge Brady has Just rendered decision OF consid-
cradle importance to ntgaDts who obliged to sue
as poor PERSONS in tho Of Saruk Lyons against
Magdaena Murat, tho facts OF which have already
been reported in tho HERALD. The decision based
upon tne provisions Of thu code passed by the
last Legislature Tor tho bcnedt Of parLes prosecuting
and defending actions as poor persons. Tho plaintiff
made motion ''for leave that the plaintiff may con-
tinuo to prosecute this aclion poor person and
that The coss heretofore awarded against the plant
in this cause be either cancelled oil the records
main on the records aud tho payment thereon abide
the event" Ferdinand s. Hahn who appeared for the
plainlG cited SECTIONS 45S 10 467 OF ihe new CODE
which provide Tor parties prosecuting and defending
as poor persons ana argued that these humane prov
sions oi the now law are now extended 10 Cases like
prosecute lOt her right 10 properly unustly wlthhed
from her JCJulius Langbeln, who appeared counsel
for The defepdan cited the opinion vi Judge Donohue
In this Case reported III "a Howards Pracce Reports
page "a oil Thaulc Vs. Frost reported In AbUoLt's
New Cases, page 29S, and 0t Haswell VS.. Wilson, 3
Abbotta New Cases, page so. IN when u held tnat
the ment OF former awarded against the
plaint.u, ipso iacto stays all her proceedings. Mr.
LangUein iurther argued that the sections tho
code relating 10 poor persons did not apply TO tbs
case; that provision made these sections TO
enable parry against whom costs already awarded
10 enable her 10 avoid the OF these costs or to
proceed In ner acton without paying the same. He
argued that the now law did not person
from prosecuting his action by reason of ms being
liable for the OF iormer action brought by him
against the same defendant ana therefore provi-
sion made by the law differing any :
from the Revised statues for The OF
Costs IN the action III the present action. but IN ior-
mcr action. Judge Brady, in denying the motion,
with costs, says:'l think tho provisions the Re-
vised Statutes do exempt the party from the pay
ment COSTS which accrue prior 10 leave granted to
prosecute IN lorna paGperis II the party proceed
without obtaining such leave the subsequent applica
ton does not relate back rho proceeding by appeal
Is not embraced In the liberty contemplated. The
preliminary objection Is therefore sustaIned.'
The New York herald., 1878-02-06
DECISIONS.
SUPREME coUgr--cHAMBERs.

by Judge Donohuo
Crook va Flanagan; Hunt vs. Campboll; Genet vs..
President oil Delaware and HUDSON Canal Conn pany !;
BurchelI W. Bigler.-Granteds
The New York herald., 1878-02-06

defendants Obligation IN respect TO the trunk was
simply that OF gratuitous baiees An application was
made by the defendant Tor leave appeal to the Court
Of Appeals, which was denied.
The New York herald., 1878-02-06
brisbane vs.. rrAvers; wes.erman vs. Ellio,t-or-

brisbane vs.. Travers; westerman vs. Eiliott-or-
ders granted
ne.-order granted.
conclusion reached by the learned referee TO tho
amount to be allowed 10 the receiver Is and usI
Gardner Vs. Tyler, abb N. Y, 463-46S) The report
IL therefore confirmed.
sUPREME oURr-CIRcUIr-PART /.
By Judge Lawrence
Henlein vs.. Powen-So far as this motion for n now
trial is based upon Tho exceptions taken TO the admls
sion or rejection OF evidence 1t Is denied, on tho
ground that motion on the minutes has already
been denied. ana also because appeal has Desn
taken, ana on such appeal the alleged errors can be
corrected. So iar II ~ based upon ground OF
surprise newly discovered evidence the we'll estab.
lished ruic Is that new trial will not be granted
where the allie newly discovered eydencc is mate
rial only 10 impoach contradict Witnesses
the ormor trial tFieury vs. Hollenbeck bart, 27l
Gautier va. Douglass Manufacturing Company, 81
How, 1872. Tho defendant does not make out u
of surprise, and the plaintiffs answering aihdavhs
contradict those OF the defendants Notion denied,
with costs.
SUPREME COURT-sPEcIAL TERM.
BY Judge Lawrence
Sloane Vs. warins aud othera-order settled ana
signed.
BY Judge Van Worst
McStavo VS.. Koarney and others; The Miilvillo
Mutual Marine and Fire Insurance Company VI. De
Wof OF aL-Orders granted.
SUPERIOR coUnT-sPEcIAL TERM.
BY Judge Sanford
Fry vs. Bontocon.-The defendant wightman hav-
Ing consented TO Judgment iavor OF plaintiff
reiief demanded there no issues and
hndnRs are necessary or proper; an order may be
made referring 1t to >. NJ Morehouse TO compute the
amount due, and upon tho coming issue OF report
judgment Of foreclosure and sale Will DO rendered.
Martin Va Murphy ct aL-Order of reference 70
Sturgis NJ. Morehouse.
Coaover ct al. Vs. Conover OF al-Order sottled.
Kilian VS.. schott.-Oraer granted aud undertakings
approved.
COMMON PLEAs-sPECIAL TERM.
BY Judge ]. y. DAILY.
The People ex roL Morris, &c., va Randall Order
resottled.
The New York herald., 1878-02-06
COLLECTIONS ABROAD.

About six years ago John Hoopstadt gave to Claus
H. Blohm power OF attorney to 20 10 Germany and
make collections for him. Blohm collected about
$1,000, which, 1t is claimed, he mover turned
his PRINCIPAL and the latter having died intestate the
Public Administrator Mr. Algernon y. Sullvsn)
brought suit against Blohm 70 recover the amount
for estate OF the deceased. judgment taken
against the defendant by default and exscu-
ton issued against his body, by virtue Of
which he Is detained IN Lualow Street JAIL
Mr. Herman Stieiel counsel tor the pris-
oner, yesterday applied TO Judge Sheridan
IN Marine Court Chambers, for order to show
why hs client should not be released from imprison.
ment, aud Why tue judgment should not be opened
and defen dang allowed 10 come in and defend, he
sertng that he has good defence 10 the action Tho
grounds OF The application that the Judgment roll
contains notice OF tral thut tho execution under
which he is held not atested In the name OF any
justice, and 1t rectos the judgment on which II -
issued 10 have boen tered The 20th Of September,
1877, whereas II was entered on tho 24th oil that
month The Court granted tho order asked for, max
ing it returnable DAY.
The New York herald., 1878-02-06
LESSON FOR STEAMBOAT OWNERS.

Among the decisions just rendered by tho General
Term oil the Court OF Common Pleas was a case affect.
ing the liability Of owners Of steamboats, Tor psssen-
gers baggage when the passenger does accompany
It. The pIaintin IN the case-Miss Fiaherty-pur.
chased ticket on the steamboat Colt, running DO.
tween this city and Sag Harbor and sent her baggage
by exprcssman, who delivered II on the Miss
Eiaherty missed the boat and her baggage went on
without her Tho next day she started by the Long
Island Railroad for Sag Harbor in hot pursuit She
arrived there alter Tho boat had reached Sag
Harbor anu her baggage could not DO
found. verdict was rendered In her favor,
nnd tho steamboat owners appealed and The
appeal was recently argued, Mossrs Roc and MackI'n
appearing Tor the planuG and Mr.. Butler lof the do
fendaul lhe judgment was ufirmod, ChieI Justice
Daily wrtingthe opinion and the other Judges concur
lie says that II the baggage was delivered on
board OF tho boat the defendant was answerabe Tor
failure 10 deliver II IN tho absence OF evidence repe
Ing tho presumption oi loss through his negligence;
and after showing that the evidence established tho
fact of delivery on board OF the vessel says:-"A
though the plaintiff did not the steamer that day.
us she dd not reach the per until after the boat
bad LETT, und even admitting that she had not pur
chased ticket, the defendant assumed IN respect 10
trunk 80 lott tho responsibility Of common carriers.
He holds iurther, that II piainun had neither gone
board nor purchased ticket they we're not bound 10
deliver II until The charge Tor Its transportation had
been paid. lie says that this Is TOO plain tor CON-
msnh and affords no support Tor The claim that tho
The New York herald., 1878-02-06
CONFLICTING INTERESTS.

The General Term OF the Court OF Common Pleas has
just rendered decision In tho case OF Lucy Hooey
ana another against Abraham Giere and another,
affirming an order directing the payment OF judg-
oolained NY Charles L. Vail out OF the proceeds
OF sale by the receiver OF Giere's nrm. Giorc II
seems, was member OF the firm OF Abraham HooIoy
Co., organized In 1859. Hooley died In 1873, and
the Surviving partners continued tho business until
January !, 1874, when new nrm Of Abraham Giere L.
Co. was formed, composed oil the surviving partners
aud Samuel G. Cuts. The last nrm was dissolved
January 1877, and Giere c0ntn ued
tativc Of the firm in liquidation, the otner
members remaining with upon u stipu-
lated compensation. Ohe Of the partners Mackenzie
applied February 3. 1877, TO VAIL stating that iere
a. Co. had dissolved, aud tnat Giere would few
goods to sort his stock Vail furnished the goods
charging them 70 Gere Il Co AS he mad had previou
ueaIIDgs with thai nrin new account was opened
or The goods thus purchased but Van was advised Of
bne dissolution aud that tho purchase for Glere
alone. The eoods were put IN the general stock by
Gerc tue proceeds went into the general assets
Vail sued Gerc and attached the stock OF goods and
Office hxtures and recovered judgment, and levy
made on mo property III question on March ~, 1877.
On the l4,h oi March following eugene /. Lynch
appointed receiver pcndente lite OF tho trust
estate vi Abraham Hooley, deceased, which
had been used by the nrm OF Abraham Giere e. Co IN
the copartncrship business. The sheriff demanded
tho property LEVIED upon by virtue OF tho execution,
,he also demanded II part oil tue
estate IL nnally agreed that the receiver should
Sell the goods and retain the proceeds subject tho
Sherin's claim. Judge Larremore. VINO writes the
Opinion OF the Court holds thai The goods sold
TO Gierc after the dissolution Of the partnership and
that The levy under the execution gave the Sheriff
valid ana suUssting lien which he could have enforced
by sale. rho procoeus in tao receivers hands repre-
Sent the goods LEVIED upon by the Shorn as the
vidual property OF Gerc, ana was not part OF the
Rssots OF tue nrm ofwhich Lyncn appointod re-
so lar us this transaction concerned thero
equities disclosed between tho paintin and
Lynch, VINO was not party to II, which snouid preju
dice his right 10 collect The claim in dcsputo. He,
therefore ullrms the order.
The New York herald., 1878-02-06
THE COURTS.
Decision by Judge LarremOre in the
Kinney Divorce Suit.
ENCOURAGING TO POOR SUITORS.
Heavy Claim for Removing the Embargo
on a Cuban Estate.

In the divorce suit brought by William O. Kinzcy
against Adelaide kinzey-whch Is an action to anuul
The marriage on the ground OF alleged fraudulent
representations and the fact that at the time OF such
marriage and OF the commencement OF the suit Mrs.
Knzeys former husband, willard Ide, was aIve-a
motion mado on her behalf for alimony and counsel
fee was some time ago denied at SPECIAL Term OF tho
Court OF Common Pleas. Mrs. Kinney appealed and
the General Term has just affirmed the
order OF the Court below. Judge Larre-
moro writes the opinion Of the Court
After stating tho facts OF the case, in which 1t
appears side that Mr. lde had abandoned
the defendant in 1885, ana that she had heard
from him SINCE that she had told Mr.. Kinney OF tho
circumstance and that he entered the marriage
with full knowledge Il the fact and the other side
that the plaintiff had allowed the defen dant $50 week
for her support, and that he willing continue
such payment during tho pendency OF The action Judge
Lsrremorc goes say that tho validity OF deiond-
ANTS second marriage rests upon tho provision OF the
Statutes that II any person whose husband or wle
shall have absentci himself Tor the OF i've sue
ressve ycnrs without bong known to DO living during
that timc snail marry, such marriage shall be VOID
only when 30 declared ny court OF com
s.belet IN tho death" vi her first husband
Was essential to the vadty Of her second marriage.
The counsel argued that tho want OF knowledge OF her
fofner husband bong alive was the statutory test of
validity. Juago Larremore on this point says 't ID
obvious that the statutory phrase 'DcIng kuown I'M
that which may be known." 'sfnc decision COM
pianed Of he continues 'is susceptible Of this
srucon, that II tho defendant had belief that could
and would have ripened into knowledge OF her
former husbands existence during the i've years Inn
meiiaeIy preceding her second marriage, II was bad
lath Oil her part to enter into that relation without
employing some means 10 ascertain fact 30
essential to Is validity. Tho statute whose
probation she invoices offers premium for
ignorance Or waEt OF ordinary precauton.
The uiliavit Of Anson Ii. Brown shows that the
year 1874 SAID Ide lived with his father at Railway,
N. j., wnere defendants daughter formerly resided
ana her mother Visited her And although this place
was OF convenient aud easy access, set no Information
Is soush nor inquiry made tho place, and the
persons, where the knowledge, II desired, was most
likely ~ be obained. The whole transaction was Ger
tainy questionable" In conclusion, Judge Larre-
morv holds that alimony Will not be allowed unless
the existence Of the marital relation DO proven
Satisfaction ol the Court Tor the rig hi 10 amony de-
penas upon that relation. The ordor Is therefore
affirmed.
The New York herald., 1878-02-06

ty rep
most in
!. so.ooo
7. 10000
:. 400
!. e.4sa
. $500
{. 1000
: 5000
!. $3.50
:. 2o.2so
:. e,ioo
/. 1874
------
f2tS,o3l
5000
!. 1880
:. 10000
1850
$500
.. 1880
10000
:. Nom.
Nom.
!. 2o,750
!. 1000
I. 5000
Nom.
/. Nom.
= 52.5oo
Nom.
;. $500
Nom.
!. Nom.
Nom.
:. 1880
= 1900
:. 4,975
/. 5000
{. 5000
5000
1850
g. 5000
:. :. $500
:. $751;
=. asa
:. 1000
:. 500
.. 1900
:. 1870
:. 1000
=. 500
$500
=. $500
:. $1,000
=. 1900
:. a.co
;. 600
>. 10000
=. 1900
-. 2,750
;. 1900
:. $4,000
;. 1880
-. 2.DO0
:. 5000
.. 2,o00
>. 1000
:. 5000
=. 5000
.. 5000
=. 5000
.. sd
III 9.OJ9
-. 1850
. 25.,gN
800
. 1 DlH)
.. 10000
AA..
The New York herald., 1878-02-06
REAL ESTATE.

Yesterday was field day on the Exchange, and the
attendance Of bidders very large Property rep
rescnting over $500 900 was sold, and In most in
stances II went usual to plantns The transactions
The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-11-02

sued by one party alone, and its
members hurried in the invests
CATION as much for sake of polit-
lcal capital rs honest glory. This
tine the investigation has been
pushed by members of both par
ties and without hope of political
effect save what naturally follow
from the acts Of those entrusted
with Office and do their duty. Is
it not evident then from this that
change has been wrought tor
the better? Cannot Ind ,pendeuts
see what influence they now have,
aud that party members are no
lo, ger satisfied to trust to "
name alone ter success? They
have, IN o measure. come To ac-
knowledge that in order to retain
office they must shoT the people
they-ar worthy Of 1t, and having
forced party TO this conclusion,
and into an examination OF past
accounts, it's more ecessary than
ever that Independents push for
ward unitedly that the good they
have accomplished may not he
undone, and that there may never
be another investigator. needed.
Let us then prepare for the future
hot as do the office seekers, bur
as voters who wish to know the
truth, and finding it, stano stead>
FAST III It's support.
The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-11-02
1t Will be a Joke.


With Bush as Superintendent
of the Penitehtiary. Harding as
Judge, and Nesmith as Chaplain
of the State CaritoI, it begins to
appear that Governor Thayer has
determined to create party OF
his own, e"en though he has to-
dig down until he reaches China.
But it will he a good Joke on the
Governor, and a second death to
his party, If two or four years
hence, the Independents shall
take hand in rewai ding the in
n"cent and pumshing the guilty.
Just imagine the rafting of dry
bones as the bodies of those now
in tie Capitol and Penitentiary
under Gov. Thayel's appoints
ments, are hurried off by a peo-
pie who will have them buried,
Notwithstanding the contrary
wishes %. man who would re-
enact the work Of the Savior SO
beautifully described in Scripture
as the rails ng of the dead.
The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-11-02
Constitution Of Soils.

Prof. W. II. Brewer. of the
Sheffield scientific school, in a
recent lecture on the origin of
soils, said:
" socks decay as truly as wood,
and more RAPIDLY IN hot, moist
climates than IN temperate res
giops. Brazil is full of decayed
rocks. Water containing ca bonlc
acid Is powerful solvent of lime
stone, and even of granite. Some
OF the most noted caves in the
world Were undoubtedly caused
by the action OF water saturated
with carbonic acid formed by the
decay of vegetable matter in for>
ests. Frost also aids In the de-
cay OF rocks. Cold expands wa-
ter, and as it freezes, the rocks
are burst assunder, exposing
great surface to the future action
OF frost III winter. We have all
noticed the difference between
sea sand aud land sand, the
former being smooth and round
ed by the action of the water,
while the latter is sharp and am
gular, the grains having been re>
peatedly cracked and broken by
the frost.
The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-11-02
JUDICIAL APPOINTMENTS.

Governor Thayer ls an eccen
trlc gentleman, for proof OF this
We need only look at his appoints
ments of Circuit Judges, to the
places made vacant by his nomi,
nations for Supreme Judges. H.
K. llama has been appointed in
place Of Judge Prim In the first
district, snd OF Mr.. Hanua's APP
pointment there is nothing to say
In objection; but there Is the APP
pointment of B. +. Harding, OF
which there ls much complaint.
Harding was never lawyer,-at
least fifteen wears ago or more he
quilted his profession because he
could not make a living as such.
As to Mr.. Belhnger, while we
believe him to be an honest man
we must not overlook the fact
thai more times than one he has
been charged with being Ban
croft & Co.'S. lobbyist in the Leg
islature. Harding might have
been resuscitated from the deep
grave of absolute forgetfIlness by
the Governor to build up a new
and personal party; but the Cow
erhor forgets he first proclaimed
that no man should be appointed
to Office who was an object of
suspicion on the part of any one.
The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-11-02
SOMETHING WRONG.

There is evidently something
wrong in the Investigate m now
going on in regard to the conduct
OF late State officials. We iave
not as yet heard of Senator Gro-
ver's conduct, while Governor, be-
ing looked after. When he was
Governor, 1t Is certain he was d
member of the Board of Scloo.
Land commissioners; il is equally
as certain that If he did wrong,
1t should not be placed upon ex>
Governor Chadwick's shoulders
and he be made bear the blame
for Growers wrong. Chadwick is
now private individual, ard uu>
like Grover, he is not now paid
for the abuse OF press that may
seek to abuse hun; and 1t seems
that forgetful OF this, Repubii>
can ard Democratic newspapers,
attack the private individual, aud
by making him carry all the load,
would screen the conduct of the
puhllc Senator.
The duty of all is to defend
the Innocent and punish the
guilty. No oLe should screen
any mans public faults, and no
honest man will cove up a pub>
lie wrong. The warmest friend
Chadwick may have in this coun>
ty will willingly vote fo: his pun>
lshmeut If he is tonnd guilty of
commit. g a crime, but there is
no one i'll this county who will
say that Chadwick alone shall be
punished tor Growers mlsdeeds,
or that he shall suffer for what
Grover has done. Let the respon-
s,bllity OF each mans acts rests
upon him, and no more.