davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE VANDERBILT ESTATE.

THE. 81, OOO.OO SUIT OF CORNELIUS J. WANDER
B1LT-RENEwAL OF MOTION FOR A SPEEDY
TRIAL.
The suit brought by Cornelius j. Vanderbilt against
William H. Vanderbilt for s1OO0,OOO alleged to have
been promised him by the latter if he would not
test the will Of Commodore Vanderbilt drags along
slowly id its preliminary stages in the courts. On
behalf of the plaintiff strenuous efforts have been
made to give 1t preference the calendar or. in
legal phraseology. place it the day calendar and
thus insure it speedy trial. Recently a
lengthy argument to this effect took place
before Judge Lawrence, who refused to grant
the application on the papers submitted, but gave
permission for its renewal additional papers. Pre-
vious to this permission the argument ON similar
motion renewed yesterday before Judge
Landon in Part of the Supreme Court Messrs
Scott Lord and Ethan Allen appeared for the
plaintiff. and Messrs. Henry l.. Clinton and Joseph
Ii. Choate for the defendant.
Mr.. LORD urged that the case was of char
acter demanding speedy trial, and he reason
why such trial should not take place instead Of be-
ing postponed indefinitely.
Mr. clinton insisted that the case ought not to be
tried until alter the completion OF the will contest
before the Surrogate when it would be shown, he
claimed, that Cornelius j. Vanderbilt acting in
cooperation with his sister, Mrs lie Bau in upsettng
the will. He stated further, that all the time he and
his associate counsel could spare would be required
for the renewed the 14h OF next month of the will
contest before the Surrogate.
Mr. Lord said that the suit in the Supreme Court
could either be tried on days when the will contest
was not trial that OF the defendant s
counsel could defend it alono.
the papers, stating that he would give early de-
CisiOu.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
, SUMMARY OF LAW CASES.

In trial before Judge Donohue yesterday OF a
suit brought by Jacob Rudolf against tho city for
fees surveyor, verdict directed for the plain
till for S1.333 IL.
George Friedman. tailor, on the east SIDE, ar
rested few days ago for passing counterfeit trade
dollar. was acquitted upon examination yesterday
before United states ComniissioIer Shields
George ). Woounian WAS arrested yesterday by
Special Agent Anthony Comstock charge of send
ing obscene matter through the mails. He waived
examination before Commissioner Shields and was
held in $1,000 bail to await the action of the United
States Grand Jury.
Samuel Eddles.ein arrested yesterday by De-
puty Marshal Pernhardt for violation of an injunc-
ton order warrant issued by judge Batchior, in
the United States Circuit Court IN tho SUIT Of Lenja
min Unlar trustee and committed 10 ial Tor con.
Tempt of Court Bail ied ut $500, and the order
made r,turnabe ON the 17th inst.
4 few days since an injunction was granted in the
Supreme Court restraining Mach man Kline rom
using his steam vapor baths until his leighbor, Mar
shall Barbour, could repair his premises, to
prevent the steam from entering On account OF dis
obedience OF the injunction Judge Barrett yesterday
fined Kline SIS.
Aaron Harris. proprietor of the dairy In Stanton
street. charged by the Society for the Prevention
o. Cruelty TO Animals with torturrg six cows by
having them MIXED while enduring terrible suffer
ings from burns received nj u Are He was found
guilty In the Court of General Sessions yesterday
and Judge Gildcrsleeve adjourned tue argument until
tomorrow on motion Tor new trial
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
COURT CALENDARs-THIs DAY.

SUPREME Courr-CHANBEEs-heldb by Judge Bar
rctNos. 20. 10. 81, vS, 1OD. l25, las. 49, ll $50.
$50 2G6. $685. $780, 1884, 49, 296, jOd, sos. $40. SiJ. 3i
3I5. 3lG.
SUpnEME CoUiu-tihNERAL TEnM-Held by Presid-
Ing Judge Davis and Judges Brady and Inglis.-Nos.
Isl. 49, 1875 Ill 1884, 53 ii5 i1G 7. 1884, ld5. 1895,
1,J. 1U5. liz. liO, ITO, lU1. 49,
SUPREME CouRr-srEctAL TEnM-Held by Judge
LawrcnceLaw and fact-Nos. 5,I, 56i Tg.. 779. Tvs.
49, 5s, sl7 1853. $780, ,S 49, 1855. sos, 7S7 ~, 49,
723. T16, &c. Gl3, %, 49, 6ll, $50.
SUPREME CouRr-CIncUir-Part 1--leld by Judge
Donohue.-Nos. 2JJs. 25g2. Sol. 27Gi 2TG5. 2Tio.
25yi. sou, 3i5. 100. 2olU, a. 2,53 2Ii3. 1868.
lsU5 1000 l'2o, 2l25. laiO, 3S4, 1870, l'5l, 2s.
222S. lO21. 4j23, 2'Jl i2bl s2uI. 2fTS 2iYi 3oio.
300, 29l1 2s32. 2S.s, lOiy. $780, 1897 2By, $500,
1885, 2T6O. Part 2-Held by Judge Pottcr.-Nos. Asa
1850. 1884, l7ss. lISi icos, zlsa, Bass, 1876 22O5.
2274, J9s. 1885, 115 234. 22ei. 100. S2o ~ $500
2l4O, 2ll3 1850. 2ie9. 1905 Part ]-lield by judge
LandonNos. 16i1 ly22. s15l. 1887, 2l74, l025 $500
2iUl, 1872 1902. 2I55, 142I 1870 1905 i5p 81 25sl
1860, 5eo. 1885, 1885, 2l3d. 22Oi, 2ii8 isllls IiGO.
SUPERIOR CouAr--utSri,AL 1EnM--lIcld BY judges
Ven Norst anu s;pcir.--Nos. >. ~. a.
srrEEIon Counr-srtcfAL llKM-Hcld by judge
Scdgwck.--Nos. 70, ~. As, -, ca.
srrrnoR CouRr-TniAI 1FRsf-Part Held by
Judge Freedman.--Nos. 5T2 900. AGA, 547, &c., col,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THROUGH FREIGHT TO EUROPE.

The through freight consultation between the
representatives of the railroads and those OF the
cgn steamship companies. was held yesterday ut the
rooms of tho North Atlantic Steamship Conference,
No. ~ Broadway. The Steamship companies were
represented by j. q. Dale OF tho Innan line. as
chairman; j. Is. snull of the luman; Andrew Under
hill, OF the Williams duion; H. W. J. Hurst. OF the
National; X. J. Cortis, III the White Star:
Radcliffe Baldwin of tho State lines. The railroad
representatives present were g. X. Blanchard, vice
president VI The Erie; Il. T. Hopkins. foreign freight
agent OF the Erics u. j. Grer, foreign freight
agent of the Pennsylvania " .lliam II. McIlhaniy,
foreign freight agent OF the New York Central aud
Huuson River. and Thomas ii. Stamford, foreign
freight agent of the Baltimore and Ohio Railroad.
Pool Commissioners Fink was also present.
The railroad mon submitted the plan adopted vt
the WINDSOR Hotel meeting. looking to the cqualiza-
ton OF East bound through frclghts tor expert The
reprcscnt atives of the steamship companies mani
tested general opposition TO the scheme, and after
some discussion, IL resolved that the
agents of the steamship companies should
appoint committee to agree upon a
basis suitable TO thcm. and submit the same to
the railroads for approval. The steamship repre-
sentaivcs asked that the railroads should agree to
ship export freights only vessels belonging the
North Atlantic steamship Conference, but to this
proposition the railroad people would agree and
withdrew from the meeting. The steamship men
subsequently appointed committee of four TO hold
another conference with the railroad men to-day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
REAPPRAISEMENTS

Great dissatisfaction has heretofore existed among
importers ON account of the arbitrary rules adopted
by the government i'll relation to reappraisemens Of
goods Section 1850 Of the Revised Statutes is as
follows:--
the importer owner agent or constance Of any msr
shall complied with the foregoing acquisitions
may forthwith give notice to the Collector IN writing OF
shall select aud experienced merchant
w Sne s 3
citizens of the United familiar with the character
sna s an m II" foregoing provision" ad
sy ns as a ss s n
and deemed to be the true vano and tho duties shall DO
levied thereon accordingly Gi, LIST Prov)
Under the law from which this section is taken the
following regulation was adoptcd:-
In the appraisers do not agree they will mako
10 s the s ~" hs
just and the apprasenent thus determined Will be final
and the duties assessed accordingly.
In an order dated January H. 1879, Secretary Sher-
notified the customs officials that that article is
amended so as to read Us follows:-
In the appraisers do not they will make sep
them The Collector is however not bound by the values
general appraiser but will adopt such value upon
testimony submitted may seem TO him just, and the ap
assessed accordingly.
According to these regulations the Collector is
maze the umpire in rcappraisemens. thus reversing
all previous rules and customs. While he is not
present at the reappraisemeHt Of goods he is sup
posed to become familiar with the testimony adj
duced by the appraisers, upon which he is to base
his decisions In the case the large advance in the
kid glove the Collector had to choose between
the value placed on the goods by the general ap-
praiser, which was determined at hfty-two francs,
and that of tho merchant appraiser, which liked
ut forty The Collector, on consultation
with the general appraiser, decided fair valuation
to be ortynn francs. and this decision sustained
by the Treasury Department Under the rule the
Collector, umpire can choose his value ac
cordins to the testimony ELECTED on reappraise-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
EXPRESSMEN IN CONVENTION.

The tenth annual Convention Of the Exprcssmen's
Mutual Benefit Association began yesterday. at the
metropolitan Hotel. 1t will continue three days
One hundred and fifteen delegates. representing
sixty divisions of the association, present. s.
NJ. Shoemaker manager of the Adams Express. Bal
timore president of the association occupied the
chair. After prayer by the Rev. DR.. Deems remarks
were made by Senator Theodore NJ. Pomeroy. vice
president of the American Express Company, and by
pany.
From the treasurers report it appears that the re-
ceipts for the year $1,000 GS; expenditures,
s1t3 3S5 ~; balance hand. 1928 20: amount dus
the secretary for 1878, $2.s76 So.
The objects OF this association to devise plan
of insurance to be adopted among expressmen all
over the country whereby they can procure benefits
to the families Of members in OF death total
disability. The amount insured is for $4,000 in each
case.
The Convention meets at ton o'clock this morning,
when 1t will begin its practical business.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE CITY CANVASS.

The headquarters of the General Committee to Cam
for City Charities located No. South Fifth
avenue. presented busy aspect yesterday. AS the
collecting wagons, filled with supplies of food and
clothing drew up in front of the warehouse inter!
walls during the day. crowd of poor women and half
starved children would Immediately be attracted to
the spot. many of the former being supplied with
large baskets. brought doubtless in the hope of
curing something from the general contribution.
Some of these unfortunate people remained
for hours peering anxiously through the
windows at the piles of provisions. The
city on Tuesday and up to yesterday afternoon pre-
sented quite creditable appearance Among the
articles contributed iron and wooden bedsteads,
mattresses Of various kinds dilapidated CRADLE old
of and cast-off clothing. variety of hats and
bonnets old books and tracts, wagon loads of
bread, provisions in barrels, boxes and pack
ages. hams, potatoes. turnips, parsnips, bags of
peas and beans, jars OF pickles, -four in bags
and barrels, chests of tea, and soap in cakes and
bars. lot Of fish, fresh meat and poultry sent
by the committee to st. Francis Hospital. Many of
the contributions of clothing were done up in pack
ages and marked with the OF the charitable in
stitution for which the donors intended them al
mated Internationally. The unmarked donations
will be distributed by the committee among the sew
eral charities according to their needs.
In conversation with member of the committee
the HERALD reporter learned that only about one
third of the city canvassed by the and carts
Tuesday. The committee, however. did not have
sufficient wagons and men to do the work thoroughly
large number of the wagons which went around
the first day withdrawn in the evening, having
only been loaned for day. Ii they had more can
that very large amount OF supplies could be col
lected for the poor.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
ALWAYS WITH YOU"
CASES OF DEsTITUTIoN WHICH REQUIRE M
MEDIATE RELIEF.

CASES OF DEsTITUTIoN WHICH REQUIRE M
MEDIATE RELIEF.
The following of distress presented to the
charitable worthy of assistance
The lawyer mentioned in this column few DAYS
since being destitute is still unrelieved It Will
be remembered that this gentleman, owing to his
impaired sight, has been unable for time past
to support his wife and children and that he could
get suitable position in the South If he had the
money to defray his expenses there. Charitable per.
sons, wishing to help him. can address Lawyer for
South" HERALD office.
On the top floor of No. 566 Greenwich street
family of eight in distress The husband has been
out of work six months.
husband and wife destitute at No. 4i9 Green
wich street, second floor back. They were recently
put out of the attic room of the house, not being
able to pay the rent, and are now domiciled with
family nearly as poor as themselves.
In attic roo at No. lag Blocker street old
woman, her and his three children in dis
tress. The man has not had steady work in more
than three years.
In the back basement of No. 1926 East Thirteenth
street family of i'll need OF help. The
husband is sick and has been unable TO work for two
years past.
family of five in destitute condition on the
second floor, back OF No. 232 East Third street. The
husband has been out OF work ive months and the
wife has been sick months.
widow and her three children are destitute at No.
244 East Second street, rear house. second floor.
In basement in the of No. 80 South Fifth
avenue an old man and his wife and daughter are
sadly in need OF assistance
On the fourth door of No. 603 Water street man
and his wife and five small children in great dis
tress.
On the second floor of the third rear house. No.
21l Greene street, widow her aged father and her
little girl are in need OF food, fuel and clothing.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
COURT OF APPEALS.
ALBANY, Jan. 5, Il

In the Court of Appeals, Wednesday, January 10,
1879 present, Hon. Sanford L. Church. Chief Justice
and associates. the following business was trans
acted
No. 2. william A. Colt and Others appellants, VS..
Samuel Nj. Patchen, executor and others, respon-
dents.-Argued by E. Moore Jr. for appellants; Z.
NJ. Cullen for respondents
No 3. Zenas W. Mitchell respondent, VS.. Charles
Ii. Mitchell and Others appellants.-Argued by j. s.
for appellants; W. b. French for respon-
dent.
No. 8. John NJ. Kinney respondent, vs. Bernard
McCloskey and another executors &c.), appellants
Argued by Isaac Dayton for appellants; w. l.. Robin
for respondent.
No. 0. Martin Miesell administrator &C.,, respon-
dent, VS.. The Globe Mutual LIE Insurance Company.
appellant.-Argued by George p Sheldon for appel
liant; II. E. Tay lor for respondent.
The following is the day calendar for Thursday.
January 49, 1579Nos. 16, - a. ~ %, 30, 81 and a.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE BERRIAN WILL CONTEST.

The testimony for the contestants in the Berrian
will concluded yesterday before Surrogate
Calvin. j. B. Comfort, intimate acquaintance Of
the tcstator, testified that Mr.. Berrians intemper
ance increased very much in 1876. and attended
with loss Of memory; one day he drove Mr.. Berran
to Plainfield and when there he had forgotten whom
he wanted to he often teearaphed for by the
deceased, and when he reached his house Berrian
would forget what lie wanted him for; the witness
testified that Mr.. Berrian told him that
Mrs. steele "had him around her finger" and used
to get him drunk and in this condition obtain money
and iewelry from him. DIR. .. Goodrich told of Mr..
Belrians disagreeabe conduct ut the Cuttyhunk
Club compelling the resignation of many members.
Mary Bouton. the nurse OF Mrs. De Lea during her
the day of her death Mr. Berrian came to her rooms
room. lie cried. ''shes going to die. He went to her
me-" eyes, i do she replied "you are
Daniel Berrian.' Then he tell on his knees
and began repeating the Lords Prayer Whom
half through he stopped and. running into the next
room, called for u brandy smash. He called for
drinks every fifteen minutes. He into the
dying womans COON il che evening. half undressod,
AMI said he was going to shoot himself. Atterward,
when Mrs. Dc LEAFS body was laid out Tor burial, he
went into the and struck the coffin heavy blow,
saying She isn't dead!' The witness told other in
stances OF Mr.. Berrians eccentriciy among others
that occasion he insisted upon her eating food
left by the dog and upon another That lie ceansed the
dogs teeth with his own brush and afterward used
1t himself.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
CIGAR MANUFACTURERS.

The regular annual meeting Of the National Cigar
Manufacturers Association took place yesterday
afternoon il No. "a of the Cooper Institute.
The chair occupied by Mr.. Edward A. Smith,
president OF the association In addition TO the cleo
ton of officers and other routine business, the
meeting convened tor the special ob;e t
of discussing and taxing action the Coupon
Stamp bill now before Congress. The meeting re-
solved to adopt active measures to defeat this bill.
The following officers, who were all reelected will
for the ensuing Edward A. Smith, presi-
dent; s. Jacoby vice president; Isaac Teichman,
secretary; A. kerbs treasurer
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
A FEDERAL PRISON NEEDED.

Assistant United States District Attorney Fiero
offers a substantial argument in favor of his re-
port recommending the erection of federal prison
the case of the three counterfeiters sentenced on
Tuesday in the United States Circuit Court. These
sente collectively amount to twenty years. and
for their maintenance the United States will pay tie
State OF New York about $4,000. Beyond this the
State receives the labor of these prisoners that
time for nothing.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE COURTS.
A Protean SWindler at the
End of His Tether.
DAN BERRlANs EcCENTRlcITlEs
A Doctor Who Wishes To. Be
Tried by His Peers.

James Levy, alias j. H. Florence alias James Rose.
said to be expert swindler. called up by AS
sistant Attorney Rollins, in General Sessions
yesterday. there being four indictments against him.
charging him with forgery. obtaining money by false
pretences aud violation Of the Hotel act. The ac-
cused adopted easy mode Of swindling the public
representing himself agent of st. John Guild
He thus collected several sums Of money. ranging
from $40 to $50. from charitably disposed persons
1t appears that on the 30th ult. he obtained
S25 from Mr.. Frank Butterheld, OF No. 476
Broome street, and the list presented by Levy
represented amounts reaching S4OO. On Christmas
Eve he stopped the Albemarle Hotel, ordered fire
in his room, had his supper and made himself at
home Without announcing his departure ne sud-
denly left the hotel and valise, filled with bottles
and Stones packed in rags The hunting up of the
knave was assigned to Detective Thomas Dusenbcrry
of Police Headquarters, who not long in track
ing him and bringing him to justice. Levy was iden
titled as the same man who on August 8 last forged
the signature of A. Wolf Il Co. to check which, he
said he had received as donation for S40
When called to the bar yesterday he pleaded guilty
to one of the indictments against him. Mr.. Rollins
observed that the crime committed by the prisoner
was q most dangerous onc as it was calculated to
deter humane persons from contributing to deserv-
ing objects and he thought all the cemency Of the
Court had been exhausted i'll allowing the prisoner to
plead guilty TO indictment. Judge Cowing said
he heartily concurred with Mr.. Rollins and in order
to deter others from committing crime injurious
to praseworthy institutions it necessary that
the prisoner should be severely dealt with. The
prisoner then sentenced to FIVE in the State
Prison.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
FAILURES FOR 1878.

The annual report Of commercial agency in this
city shows that tho number of business failures
throughout the United States during the year 1878
was 1o.47s, with outstanding liabilities to the aggre
gate amount of s234.O0OOOO. The increase in the
number OF failures compared with 1877 is 1871 and
of liabilities $40 900 Oo0 The following table shows
ear
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
MARRIAGES AND DEATHS.
MARRIED..

HAMproN-FRosT-On the 18th inst. at st. Igratius'
Church, by the Rev. +. c. Ever. $. I. D.. SUSAN
FRANCIS HAMPTON, youngest daughter OF General
John s. Preston Of South Carolina to HENRY w.
Frost, of Charleston, $. G..
OGLE-ArKISs.-On Tuesday, January IA, by the
Rev. Spencer NJ. Rice, ID. d. at the residence OF the
brides parents. FRANK +. OGLE, of Philadelphia to
KATE e. daughter OF Charles H. Atkins OF Jersey City
cHwARTz-DEy.-At the residence of the bride 8
parents, January To- by the Rev. c. W. Camp. of
Kingston, N. Y, THOMAS NJ SCHWARTZ. of Pitts burg
Pa, and CARRIE X. DEFY, of Jersey CITY, No cards.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
SUPREME COURT CALENDAR.

UTICA, n. Y, Jan. Is, 1879.
The following is the General Term calendar fo
Thursday January 16-Nos. 10. 1876, 26, 81 As, 81 Ga
o. 49, 49, &c. 49, 55 II, r. rs, 90 92, 961, $40, o. %
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
..YICKY" CONNORS' DEATH.

There the calendar yesterday of Part Of
the Court OF General Sessions the of Dr. Clarence
NJ Baker, indicted Tor misdemeanor in having given
false certificate of death in the of the young
woman Sarah Victoria Connors. who, it was alleged
fell victim to the malpractice of DR.. Bradford
Assistant District Attorney Rollins said he was de-
s.rons to proceed at but could not do he
was still engaged in the Mchenna murder case Tho
counsel for the accused said that the disease 10y
which Miss Conuors had come to her death would
be PORT be decided the trial it desirable
that DIR. Baker SHOULD be tried by jury of ply
sicians. He was not aware that there was any au-
thority for such course, but he hoped ii it pos
sible that the accused would be tried by jury of
his peers. Judge cowing decided that the case must
take the ordinary ana be tried by petit jury.
They would be just competent any jury of ply
sicians to render intelligent verdict Indeed lie
did not see how any twelve doctors could agree
upon any thing. (iaughter) Assistant District At
torney Rollins said there authority for OBJ
tanning .struck" jury in the case. The trial was
set down for Monday next.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16

Concerning the increase of failures In 1873, the
port says:''It is very easy to account for the in
crease OF 571 failures among 100000 business men
within year In which the circumstances have been
peculiarly influential in encouraging casualties Of
this character" These circumstances arc stated at
five in number, follows lists Is tho fifth year of
depression unparalleled in extent character and
duration; the weather FOR the first quarter of tho
year was unreasonable, and thus most unfavorable
for sales and collc tons the discussions in and out
of Congress as to financial matters anu the tariff inn
paired confidence for the time bcing the notable do
cline In the value OF staples the world over; the
existence of the epidemic In the south; and finally,
more influential than all Others the abolition Of
TIE bankrupt law ana the long delay permitted to