davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1879-02-05

Littes arrival in this city suit brought against
her in the Marine Court in which the jury disagreed
Upon second trial this Judgment was reversed and
verdict obtained for $752 IS. An appeal was
taken from this Judgment to the General Term
of the Marine Court and this tribunal
reversed the Judgment and ordered new trial with
costs to abide the event. From this decision Miss
McEteere appealed to the General Term of the Court
of Common Pleas. and that Court affirmed the
sal with Judgment absolute against the plaintiff Miss
McEteere. Mr.. George Il. Langbein, the counsel for
Miss McEteere, made earnest appeal to the Court
reversal and modification of this Judgment, and
strenuously opposed by Mr.. Richard M. Henry
counsel for defendant. The Court unanimously held
that the appeal should have been dismissed, that the
judgment absolute against Miss McEteere wrong
aud that she should be granted a trial. Under
this last decision the will have to be tried again
before another Jury.
The New York herald., 1879-02-05
SUMMARY OF LAW CASES.

The traverse to the return Of the Sheriff Of New
York in the habeas corpus proceedings for the release
of John, alias "Red' Leary. filed yesterday in
the United States Circuit Court.
Edouard Drolho and Francisco Bedlo charged be-
fore United States Commissioner Shields with pass
ing counterfeit dollar gold coins was brought up
yesterday for further examination. Bedlo was dis
charged from custody, and the case against Drolho
continued until to-day.
Chief Justice Daily yesterday in the Court of Com
by Mr. Best. recently appointed receiver Of the firm
Of Beden Co., until the hearing Of an appeal taken
receiver. After lengthy argument the motion was
denied.
william NJ. Banks. who was appointed receiver Of
the Security Savings Bank February 49, 1876, sub
mitted yesterday to Judge Donohue report Of his
receipts and disbursements since his last accounting
about year ago. He gives the receipts from all
sources S95 902 6s. and disbursements S69 lOl 4
leaving balance on hand OF $26,S0l "a. Among the
expenses are SGs24 "a to Arnoux, Ritch' 4 Wood
ford the receivers counsel, $4,000 to the receiver
and $1,000 to William A. Boyd. auditor OF his
counts. The report was confirmed and the auditing
of accounts referred again to William A. Boyd
On the night of January u Officers Mulvey and
Flynn, of the Twenty seventh precinct, discovered
that burglars had entered the saloon of John H.
Carey. No. Barclay street. and arrested John Barry
. longshoreman residing at No. 10 Washington
street. who kept watch outside. On entering the
saloon the officers found Edward Malone, Of No. IL
Greenwich street. and John Connors, OF No. 10 Nor
ris street, concealed behind the counter. who had
already packed up several boxes of cigars which they
intended to carry of. When arraigned in the Court
of General Sessions Malone and Connors pleaded
guilty and sent to the State Prison each for
three years. Barry tried and convicted yester-
day, and Judge (ldersleeve sentenced him to be
prisoned for three years and six months.
Application was made to Judge Sinnott, in Marine
Court, Chambers yesterday, for an order OF arrest
against John Foy, whom Fredericka Eben charges
with having seduccd her under promise of marriage.
According the papers presented the Judge ap-
peared that the alleged seduction and breach of
promise took place nearly three years since Judge
Snnott thought that long delay in asserting her
rights did not tend to impress the Court with tho
idea that her wrongs weighed very heavily her.
AS she had delayed long in applying for the arrest
of the defendant he thought she might safely wait
until she got her judgment to carry out her purpose
As plaintiff had technical right to the order, how
ever he would grant IL, but would fix the bail ST.
This rather cooled the ardor Of counsel and he with
drew his application.
The New York herald., 1879-02-05
BAPTIST HOME SOCIETY.

The tonth annual meeting Of the Ladies' Home
Society Of the Baptist churches of this city held
yesterday afternoon at the buildings of the society
East Sixty-eghth street. Among the clergy
men present Drs. Armitage. chairman;
I. d. Anderson, Bevan. 3. H. Tying,
Bridgman, Samson, and the Rev. Messrs. Muir Hull
Reid and Newton. Several addresses we're made.
DIR. Bevan made frequent illusions to customs, man
ners and things he remembered them in his ma
tive England and was answered in spirited speech
from DIR. Tying, who did not seem to think that
America could be considered still in leading strings
to England. The treasurer's report presented,
and the annual report read by DIR. Anderson showed
that ninety two old ladies remain in the Home. A
collation. served and officers re-eected for
the present year,
The New York herald., 1879-02-05
COURT OF APPEALS.
ALBANY. N. Y. !

ALBANY, NJ u, Feb. 4, 1871
In the Court OF Appeals, Tuesday, February 4.
1879, present Hon. Sanford L. Church lChief Jus.
tce and associates, the following decisions were
handed down:-
Norris VS.. Dewolf; Hcnnequin vs. Clews. Rae VI.
Beach Observation-Disclosures affirmed, with costs
OHagan vs.. Dillon; Potter va. Cornell.--Judunept
and trial granted, costs to abide event
People cx rel Ennis VS.. Schroeder.--Or affirmed
with costs
In re Burmeister to vacate assessment.--Ortier of
General Term reversed and that OF Special Term
affirmed, with costs.
MOTIONS.
Chauncey Bacon, respondent vs. Henry T. Frisbic
implicated, appellant Ordered ON calendar.
No. 2G7. Ths People ex rol. burbank aud others.
The New York herald., 1879-02-05
REAL ESTATE.
At the real estate auction rooms. February 4. tn
following sales were made:-

At the real estate auction rooms. February 4. tho
following sales were made:-
G. J.
John L. Re0ua referee-Foreclosure sale Of one
lot 25xlUO, w.. s. Of ST. Nicholas av.. IA II IT, of
lf7th ST., to plaintiff 81 800
BLEECKER A son.
Joseph A. Welch, NEUTRALITY-SUSPICIOUS. sale Of
plot of land 264.1 x2ISx:'2l x.'t3, on Walton nv.,
O. corner OF Juliet st.. also plot of land, l27sx
81, on Juliet st., of Spring ST.. and
st., adjoining above Morrisania 70 plaintifI rs 525
LOUIS MEsER
Stephen II. Oln. Neutrality-suspicious. sale of tho
four story brick dwelling. ith lot 2OxS9, No. 800
West 33d ST., s., l54.e it. e. of 9th av., to plain
Also, similar salc-George w. Van Slyck, rcfcrec--
of the five story brick dwelling, with lot 25x!S9,
No 332 East 36th St., g., $50 IT, w. of LIST av., to
HOWARD ". COATES
H. h. (iwiIlim referee-FOrccl0sure sale OF the hv0
story brown stone front dwelling, with lot 25x
l04.5x25. 2xIOl2, =. of West 57h ST., 100 #. W.
OF 9th av, to George p. Roll oOoS
BERNARD SMYTH.
Samuel Courtney referee-F closurc sale of tho
three story brown front dwelling and stable,
with lot 22x1tU, y. of S6th st. 225 II. q. OF I'D
WOODROW a
Thomas r. Wentworth. referee--Foroclosure sale of
four lots, together IN size 100 l x.)5, Madison
av O. corner of l24h ST. to plaintiff. 10000
ny H. v. HARNErT
Executors sale OF the two lots each 25x1O22, n. T.
of 18th ST. 269 it, of LIST av to John H. Dee.. $500
Total ST. oss
The New York herald., 1879-02-05

FLOWERS AND PLANTS.

The monthly meeting of tho New York Horticultu-
raj Society held in Republican Hall. Thirty third
street. yesterday afternoon. tho president Nelson O.
Hunt. In the chair. and James Murkland officiating
as secretary. There handsome display Of
plants and flowers. and a number of prizes were
awarded by tho Committee Flowers and Plants.
The society made arrangements tor its March meet
ing at which essay is to bc delivered. and also
the annual gala exhibitions in juno and September
uext
The New York herald., 1879-02-05
THE RAILROAD CONFERENCE.

Among the arrivals in this city on Monday night
was that of President Garrett. Of the Baltimore aud
Ohio Railroad. 1t was expected that his presence
would the meeting Of the railroad presidents
In relation to the reapportionment OF percentages
which adjourned from last Wednesday
count of his illness. The meeting to have taken
place at Pool Commissioner Fink's Office, but that
gentleman said that tho railroad presidents had hold
no conference and the probability that thoy
would not meet before tomorrow. and perhaps not
oven then.
The New York herald., 1879-02-05

EFFECT OF BLOOD POISONING.

Ernest Hinzc. aged twenty-thrcc, Of Jersey City,
brought before Justice wandcll. at Jefferson
Market Police Court. yesterday, the supposition
that he was insane. 1t alleged that he attempted
suicide on tho previous night by shooting himself.
lie has long been q sufferer from blood poisoning,
and has been In very Respondent condition. JUS
tico Wandell committed him for examination. His
wound did not seem to bo dangerous.
The New York herald., 1879-02-05
"BROKER DICK"

Alonzo Ainsworth. alias James Smith, alias "Broker
Dick who recently convicted in the Court of
General Sessions and sentenced by Judge Sutherland
to two years in the Pententiary. is anxious to
look after his family and pecuniary interests in Sand
Lake. Rensselaer, county whereas formerly resided.
1t will be remembered that he convicted Of for
gerry there being found in his possession 200 ten
dollar bills of the Consolidated Bank of Canada,
the notes being genuine but the signature forged.
Recently. Judge Brady granted writ of and
stay of proceedings until the first Monday Of next
March, at which time the will up for
hearing before the Supreme Court. General Term.
upon exceptions taken during the trial Meantime he
has been Kept prisoner in the Tombs. His counsel,
Mr. Horatio F. Averil, yesterday his behalf. sub
mitted petition to Judge Donohue, in Supreme
Court, Chambers, asking that he might be admitted
to bail pending the hearing on the appeal. Aims
worth states in his petition that he has resided for
the past ten years at Sand Lake. and that there
are plenty of wealthy gentlemen there who
will go his BAIL He says that at the time OF his
rest he owing various debts and that his farm
was mortgaged that to satisfy his debts his stock
and farming implements have been recently sold
and that there are now threats Of foreclosing the
mortgage. He thinks he could save the farm and q
home and shelter for his wife and three children if
given his liberty The writ granted and made
returnable this morning before Judge Barrett in the
Court of Oyer and Terminer,
The New York herald., 1879-02-05
A GOVERNMENT SALE.

GOVERNMENT SALE.
Many years ago, when the federal government had
so large surplus that the national Treasurer could
not invest it to advantage by order of Congress this
surplus apportioned among the various States,
and commissioners have been appointed by the gov
ernors Of these States from time to time to invest
and for this fund. Yearly, in this State. sales
at the City Hail. by order of the commission
appointed. The following sales were accordingly
made yesterday
LUDLOW
United States sale Of the following
improved city real estate:-
Two lots together in size 51x1OO. on I'd av., n. Q.
corner of 73d St., Mrs Lucy White. s. 4O6
plot of ground. ~ l0xlO0ll. s.. s.. of West 1O5th
st., 1914 IT, of 9th to John T. b. Smyth... 1880
Also two lots, each 25x93.11. n. s.. of West 126th
St. $50 IT. W. Of 9th av to John r b. Smyth.. ATS
Total. ....................$SO1 OIL
The New York herald., 1879-02-05
A DEAD PRIESTS GIFT.

somewhat curious suit brought by Catharine
Malon against James Duffy and Others admins
traitors of the late Rev. Father W. f. Duffy formerly
n Catholic priest in Connecticut. tried yester-
day before Judge Lawrence in the Supreme Court.
Father Duffy died intestate, in 1875, and the
plaintiff. who his niece, was brought
here by him from Europe some years ago
and educated by him. She brings this
suit against his administrators to recover.
check for 81 000 which she alleges given to her
compensation for her services organist of his
church. The defence that the check given
as gratuity; that as services rendered for
money the claim not lien upon the estate, and
that the defendants, as administrators, were not
bound to pay. Considerable testimony was intro
duced during the trial on the question of Father
Dufy's alleged habits of drunkenness, but both the
plaintiff and her sister well other witnesses
testified that they had the deceased at all
intoxicated. After some other testimony and brief
charge by Judge Lawrence the jury retired, and
shortly after brought in verdict for $1,000 in favor
Of the nj
The New York herald., 1879-02-05
LOST JEWELS AT A HOTEL.

In Part 2 Of the Marine Court, yesterday, before
Chief Justice Alker and jury. there was tried the
Of Mrs. Sarah G. W. Hayes Mrs. Corpelia
M. Stewart. The suit to S3S8 So alleged
to be the gross value Of promissory notes. currency
and jewels which plaintiff alleged stolen from
her room in July last while guest In the Meropol-
tan Hotel. of which Mrs. Stewart is owner
The plaintiff represented on the trial by
Mr. Hemmng and the defendant by Mr..
Henry G. Rice. The plaintiffs story showed
her condition to be of much
committed She first disturbed by the suppo-
sition that she watched by o detective. Then
returning to her room from tea she found step
ladder up against her door, which she Obliged to
had retrel she found the fanght the door
open than when she retired. She then tried to
bolt her door but some unseen enemy had fixed it
that could not be bolted The defence, In addition
to an attempt to throw doubt the OK
istence OF the property or its loss,
pleaded that in conformity with the provisions the
bliy for lost property. there posted up in
spicuous place i'll the plaintiffs n notice that
there was safe in the Office for the deposit of
jewels money and vau ables and that the proprietor
would not be responsible for the loss OF any such If
stolen from the room The question to the exist
of this notice in the room became the turning
i've sides being in direct conflict that issue.
The plaintiff was positive that such
notice was posted up in the room. she being
firmed in that conviction by the fact that not know
ing the hour for tea she looked around the to
nd notice of that fact, but found neither that
other notice. On the opposite side of
the employees of the hotel testified that then and since,
such notice was posted and that the exhibited to
the jury was torn down from the which she
occupied to be used the trial On her crossexami-
nation the plaintiff talked so vaguely about being
followed by detectives and about her three husbands
as to excite doubt to her soidity of mind The
jury found o verdict In favor of Mrs. Stewart.
The New York herald., 1879-02-05
OUR COMPLAINT BOOK.

tNoTE.-Letters intended for this column must be
accompanied by the writer's full and address to
insure attention. Complainants who unwilling to
comply with this rule simply waste time in writing
Write only on one side of the paper.-ED. HERALDl
The New York herald., 1879-02-05
STABBED WITH AN UMBRELLA.


Antonia Pcrez and John Short in December 1873,
were fellow passengers board the steamer Rio dc
Janeiro. from Brazil to this city. At st. Thomas
both went on shore, and quarrel arising as to the
payment Of the boatman, Short says Perez stabbed
him in the eye with umbrella Tho assault was
committed after they had returned on board the
vessel. and Short after arriving in this city, COM
mcnced suit in tho Marine Court to recover
from Perez $1.999 compensation for tho al
legged assault as having been committed
on the high seas. The case came 10 trial
yesterday in Part OF the Marine Court before
Judge McAdam without Jury, tho plaintiff being
represented by Mr.. NJ. Il. Goodheart. and the de.
fcndant by Messrs. Lockwood Il Post. The story of
plaintiff that at the timo of the quarrel the de-
fendant stablcd him in tho left eye with the sharp
point of the umbroas making hole half an inch in
depth at the anterior angle Of tho eye and crowdng
The eyeball out the check. Tho dcfcndant's vor-
zion was that when tho dispute arose about tho
boat money, the boatman wanting pay In Danish
currency which defendant did not have, that plain
to pay the man In Danish money; that defendant,
getting angry, struck plaintiff with the Hat Of the
umbrella the breast and then put his umbrella
under his arm, the point to the rcar that plaintiff
came up, suuaring of Tor tight, when defendant sud-
denly turning round to movo away the plaintiff ran
against tho umbrella physician. on the part OF plain
tn testified that the injury hc sustained was moro
or less permanent while another physician on the
part OF defendant testified that such injury ae plain
Tin sustained was extcrna and not necessarily per-
mancut The defendant also attempted to provo that
after both parties arrived In this city e treated
piaintih TO dinner, gave him 81 sterling, some
tewelry and an over and under Shirt which he
supposed would cover any damages to plaintiff for
which defendant might bo respon sible. The Judge
rendered Judgment In favor of plaintiff for 800.
The New York herald., 1879-02-05
WHO WERE THE rIREMEN

To THE EDITOR OF THE HERALD
As our carman was coming across town with a load
three thieves jumped his cart and stole bag of
coffee about seventy-two pounds) while coming
through Chambers street, and right opposite the
engine house located there Three of vigilant
men looking on saw the thieves carry it away with
ont notifying the poor truckman. who certainly will
have to make good the loss. Perhaps those three
men, If one may call them such will deserve promo
tion by the Commissioners.
READER IN BROOKLYN.
The New York herald., 1879-02-05
THE MADISON SQUARE CAB STAND AGAIN.

THE MADISON SVUAKE CAB STAND AuAIN.
To THE EDITOR THE HERALD:-
am glad to see friend Jones has something to say
about the cab stand at Madison square. / should
like to know if these cabmen have special license to
scufie and block up the sidewalk to expectorate all
over it, and If You happen to pass in the evening with
lady. to solicit your patronage evidently mat
ter of impudcnce. SMITH.
The New York herald., 1879-02-05
ROUGH ON SMOKERS.
To THE EDITOR OF THE HERALD

10 THE EDITOR OF HERALD
May be permitted a small space in your Com
plant Book to call the attention of those in au-
thority to what to to be n gross imposition
the travelling public. at least that portion Of
it which is compelled to use the Hudson River and
New York Central Railroad On three occasions,
within many weeks, business has called me from
this city to Buffalo. Wishing to stop at an in
termediate station. was compelled to go by that
road. Two of the trains express and one an
accommodation (D. On no one of them there
smoking Now, to who is an
almost constant smoker IL is somewhat Of a
hardship to be deprived of this zone grain of COM
fort, particularly if booked for al-day ride On
inquring OF the train conductor which was the
smoking car l was, i'll each instance. informed that
there on the train, unless chose to take
seat In drawing room car at expense OF ST.
What could do :? / must have my smoke and
consequently, submitted with as good a grace as
possible, to what / considered extortion. At all
events. it is certainly very short sighted
policy the part of the company to virtually drive
passengers into the drawing room cars hope this
may have the effect of drawing out an expression
from others whose business keeps them '.on the
road" and that our united voices may be able to
reach the of those whose interest all events
may induce them to study the comfort. well as
the pockets OF their patrons.
INSURANCE TRAVELLER.
The New York herald., 1879-02-05
STREET DEPARTMENT NEGLECT

To THE EDITOR OF THE HERALD
Monday morning. at nine O'Clock. I counted
twenty-five ash barrels and boxes on Bedford street.
between Downing and Cottage place. Four OF them
were in front of an ex-Adermans door. RESIDENT.
The New York herald., 1879-02-05
swINDLED DEposITons.

10 THE EDITOR OF THE HEkALD:-
Please call the attention of the authorities in Wash
ington to the helpless condition of some of the de-
positors in the late Freedmens Bank. have $500
in that concern, and am very much in want.
j p. W
The New York herald., 1879-02-05
MUSICAL.


MUSICAL.
a CHURCH WANTING VERY FINE ORGANfST
Aand tenor for full quartet find them by addressing
UkuANIsT, station II.
A GENTLEMAN, EXPERIENCED, PIANO. ORGAN,
Aharnony pupils residence 81 quarter best refcrcnce
MUSICAL, box l5f Herald Uptown Office.
VoGT CONSERVATORY OF MUstC.-FoR INFOR-
Y nation or circular address WILLIAM a. vOGT, 25
Bsst 18th ST., New York.
WANTED-A POSITION AS 0RGANIST OR PRE-
w ccntor IN city vicinity terms low, efercnces WM.
WILLARD, %1 West 18th St. formerly Professor Of Music,
Gaesvc University.
BILLIARDS.
{ RffSfIC BILLIARD TABLES FROM $50 UFWAIsD;
~ Balls, Cloth Cues best goods at lowest prices
II. w. COLLENDER. 7ss broadway, corner 10Th st.
A MEXICAN STANDARD BILLIARD AND POOL
ATablcs lower than the leading for
all kinds of Billiard Material
W. Ii. GRIFFITH a Co, 20 vesey St
DARLOR BILLIARD TABLES. $40 EACH; HALLS
turned 81 set at Pheans warerooms, Ia vcsey ST.
MARBLE MANTELs.
CfATE MARBLE AND WOOD MANTEIs IN GREAT
Dvariety. r. b. STEWART CO. Is West 23d 81.
The New York herald., 1879-02-05
A MODEL CONDUCTOR.

To THE EDITOR THE HERALD
viii You be kind enough to publish the fact that
last Saturday evening an aged French lady was
grossly insulted in of the Second Avenue Rail-
road all the way from Worth street up to Canal
street by passenger, and the conductor
being requested by the undersigned, perfect
stranger to the Old lady, to interfere in her
favor and to put off the rufian. told him to
shut up?' On the refusal of the conductor the
lady. in company with young girl and boy had to
leave the car. Does the Second Avenue Railroad
Company approve of such infamous conduct the
part of one of its conductors? Ii. s.
The New York herald., 1879-02-05

To THE EDITon OF THE HERALD:-
In your issue of the 30th ult. notice "nover'
communication from Reliable" on the subject of
answers to advertisements inserted in your paper.
have complaint to make also the same question,
but another phase of it, and not unimportant one
to me and others similarly circumstanced My
particular grievance is this For about
month past I have answered ten ADVERTISE
ments for the purpose of obtaining employment,
aud invariably giving particulars and also invariably
enclosing stamp postal card to insure reply
which have asked for, but not in single instance
have received one, In every the advertiser has
been an anonymous person using the HERALD Office
place OF deposit for all answers The non-arrival
Of any reply causes great vance, if
received. if only a refusal. could give 1t up and
turn my attention to something else. In addition
to the annoyance / not sure that the
practice could not be placed in the category
OF swindles with which the country teems for if
advertisers received 100 replies each containing
stamp. it would leave fair margin for profit.
hope the complaint will merit place in your "Com-
plant Book. and that 1t will serve to correct in q
measure an abuse which prevails. as l think /
not alone in this grievance, and that and others
have rights that woud-be employers ought to be
bound to respect. Respectfully. ANNOYANCE.