davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
ALLEGED WIFE BEATING.

Mary A. Dater and Irving Dater were married on
the 18th of September. 1862 and had children
only two. however, being now alive. Mrs. Dater has
now, after eighteen years Of marital life. brought
suit against her husband for limited divorce on the
ground of cruel and nhuman treatment. The case
before Judge sedgwick yesterday in the Superior
Court. Special Term. She states in her complaint
that her husband has been since 1875 an habitual
drunkard and that he has repeatedly committed acts
OF cruelty upon her and her children. Among
other acts of alleged cruelty she says that
on one occasion he threw her violently into chair
pushed down her head upon her knees. and held her
in that position despite her aud entreates until
she became insensible and was with difficulty
brought back to consciousness. She says that the
injuries resulting from this attack have been lasting
and permanent On various occasions, she alleges,
he paWned her personal Properdy' her bedding
that she was obliged To borrow clothing to
enable her to leave the house. In conclusion,
she AYERS that her husband is able to support her,
and asks for decree of separation and that he be
compelled to provide for her. The defendant denies
that he has treated the plaintiff in cruel manner or
denies each allegation OF cruelty and says that al
though he Is not drunkard he is not IA strict adj
vocate of temperance. nor is the plaintiff consistent
disciple OF total abstinence" lie charges that she
has incorrigiblc temper, ana has been guilty of
adultery with various persons. On application
Judge sedgwick yesterday entered an order striking
out certain portions OF the answer as irrelevant and
A somewhat similar suit to the above has been
brought in the Court of Common Pleas by Margaret
Rose Gen against Daniel OConnel Gillen. in which
the plaintiff complains that her husband, to whom
she was married in June. 1867 has beaten and NAL
treated her. On occasion, she says, he BACKED
her eyes, and upon her demonstrating spat in herfacc
and on another occasion deliberately discharged a
loaded pistol ut her and very killing her.
III November last she says, he abandoned her, taking
with him all her clothes, and has since refused to
support her. Judge }. f. DAILY yesterday referred the
to Richard NJ. Henry.
On the petition OF Margaret McGill, her father.
George A. Morris. was yesterday appointed by judge
Scdgwick her guardian AL ltem. to bring suit for
limited divorce against her husband, Daniel McGill
whom she charges with cruel and inhuman treat
men
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
A CONvICTs CONFESSION.

Daniel Dougherty, young man residing in Brook
lyn was last week convicted in tho Hudson County
IN. ~ Court OF General Sessions. before Judge Gar
retson, at Jersey city. indictment charging him
with burglary at the house of Charles Mesc Web
ster avenue. Jers, CITY Heights. On Friday Dough-
Uarretson to three years at hard labor in the State
Prison Since then Mr.. ". ID. DAILY, who
defended Dougherty. has received q letter
from Heinrchs denying that he Dougherty
were concerned ia the burglary and alleging that he
had been directed by police officers to plead guilty to
the charge and inplicate Doughcrty, for whicn he
alleges tho officers promised to reward him and see
thai he was discharged under suspended sentence.
Counsellor Daly will lay the confession o. Helm
rchs before Judge }arrcttson Friday aud ask for
Reconsideration VI pougherty's sentence
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
RIVAL COMMON COUNCILS.

Mayor Cooper has received the following commu
'.Cromwellian" Board of Aldermen. The members
claim that that part of the charter providing for mi
nority representation is unconstitutional:
NEW YORK. Jan. g. 1879.
To the Hon. EDWARD COOPER Mayor of the city Of New
York.
Please take notice that the Aldermen elected the last
election held in the city of New York November 3, 1873
a ticket large and three ticket In each Senate
district said to the constitutional portion
York passed April 80 1873 chapter 1876, section of
the Laws Of 1879. and the several amendments
thereto duly the lawful Board of Alder
said city by eectng and appointing all the officers
thereof required by law by thereof in
session the legal Common Council OF the city OF New
York. and such ready and willing TO receive any
communication that may desire TO lay before the Com
That in the Of good in order
the constitution be maintained, demand that you
recognize said Board of Aldermen the legal Common
WILLIAM Z. DEMAREST.)
DANIEL CRIMMINS, Committee.
JOHN WILMER.
AND YET ANOTHER.
The Mayor also received the following notice from
Board claiming to have been elected under the
charter Of 1906
NEw YORK. Jan. 6, 1879
To Hon. EDWARD COOPER, Mayor OF the city Of New
DEAR SrR-You are hereby notified that the Board
dernen elected to act of the Legislature,
passed April s. 1870 chapter l37 in session
erly organized the only lawful Common Council OF the
of Official character that you may conceive it
your duty to make
S SiI RksS ~ AaGNEbirnsoS c,,,,..
JOHN ID. CLEARY, "S''
MARTIN kEOGH, Jr.,
Both these communications were. placed on file.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
UNITED STATES SUPREME COURT,

WASHINGTON, JAM Z, lotJ
The following business was transacted in the SUI
preme Court of the United States to-day
No. 573 L. w. Huidekoper ct al, appellants, vs.
Hinckley Locomotive Works.
No $50. William X. Fosdick ct al, appellants, vs..
The Southwestern Car Company.
No. 63l William Il. Fosdick ct al, appellants,
Michael Schail, tntervener.-Appeals from the Cir
cult Court of the United States for the Northern dis
trict OF Illinois.
AS these three cases involve the same questions
in equity, and con be settled by single deci-
sion, they argued together. The point in
troversy is of importance and general in
terest. especially to railroad corporations, and
several million dollars already depend upon its final
decision in this Court to say nothing OF the cases
which will hereafter arise. 1t is. briefly. whether
court of equity. which is called upon
to forcclose railroad mortgage and APP
point receiver. has discretionary power.
propriate the proceeds of the sale of the morgaged
property to the payment of the unsecured indebted
ness of the railroad company existing when the
ceiver is appointed instead of first paying the mort
gage indebtedness.
Mr.. Ashbel Green opened the case for the appel
lants and argued that the Circuit Court from whose
decree all three cases were appealed, had no
lawful power to defeat the first mortgage secur-
ity by appropriating any part OF the pro-
ceeds of the sale to pay for cars, locomotives,
&C., bought by the mortgagor corporation years
paramount. He was followed by Mr. r. b. Roberts
and Mr. J. NJ Butler for the appellee, who main
tanned that the possession or q railway aud
the equipment in upon it, taken by a re-
right Of ownership of any part of the property so
taken, and that contract OF the conditional
sale of rolling stock to railroad company,
by the terms of which the railroad company,
as conditional vcndce, takes possession while
the conditional vendor retains the title and owner
ship until payment is made, is legal and valid
tract, binding upon both the railroad company and
Adjourned until tomorrow at II o'clock
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
IN A BAD HOLE.

suit brought against the city by @. A. J. Norman
was tried yesterday before Judge Freedman. in the
Superior Court. The plaintiff claimed $4,000 for
damages alleged to have been sustained by him by
OF the negligence Of the city in allowing the
sidewalk on the east side of Third avenue. between
134th and 135th streets TO remain out of repair.
the evening of November s. 1877. the plaintiff, who
was returning home from business. Tell into hole
In the sidewalk. and ia falling dislocated his
shoulder and was thereby permanently injured.
Tho plaintiff alleged in his complaint that
the place whore he fell was included within
the boundary Of the "oid Boston road" near
Third avenue aud that the sidewalk the cast side
OF the road, between l3ith ami i3Jth streets. had
long been used on public highway. and that II had
become the duty of the city, since the annexation
act, to keep the sidewalk in good repair These ale
cations were denied by the city, and, as plaintiff was
unable to prove them the trial, the complaint was
dismissed, Judge Freedman holding that they were
material allegations and that Il was necessary for
plaintiff 70 prove thcm part of hts case. Mcssrs.
H. H. and n. a. Chcdsey appeared for the plaintiff.
and G. L. Miller Assistant Corporation Counsel. for
the city.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
ST. MARKS CLUB RENT.

Edward Herbert has brought suit against mem
bers of St. Mark Club to alleged balance
of rent amounting to 500. In this suit, which
for trial in Part of the Marine Court, yes
terday, before Chief Justice Alker and jury, Mr..
Herbert includes defendants ex-AIayor Ety. Owen
Murphy Charles G. Cornell. Patrick A. Hogan, John
S. Giles Charles McNulty, Anthony Eickhof. j. Will
lam Guntzer. Arthur McQuade, John Hayes. Oil
yer II. r Kingsland, John Harris, George A.
Langbein, William B. Mckay, Peter Levina
and others. All the defendants are prominent poll
ticans i'll the Seventeenth ward and it claimed
behalf of the plaintiff that Owen Murphy acting
the part Of the club treasurer rented from him
for year. from the LIST Of January, 1874 part of
the premises No. 33 Third Some time since
the rent, charging him individually,
and defeated, with bill of S94 costs
against him. He then brought the present
suit against the defendants named members
Of the club. The defendants set up the former udg
ment in favor Of Murphy, who alone. they allese.
made any contract with the plaintiff; and further,
that even if the defendants responsible as men,
bers of association they surrendered to plaintiff
and he accepted the premises in April, 1874 up to
which time the rent had been paid. The onUs
put plaintiff the trial to prove
that those whom he had made defendants were men,
bers OF the club On this point there was evidence
given that two three of the defendants had paid in
Dues but nothing conclusive to their organization
association either as counsel expressed it, for
political or religious purposes. AT the close of
the plaintiffs testimony counsel for the defendants
moved to dismiss the complaint on the ground that
plaintiff mad failed to prove his case. Chief Justice
Alkcr said that though the evidence was very slight,
yet there some aud he thought he would not be
Justified i'll Diminishing the complaint at that point.
Testimony then presented on the part of the de-
PENDANTS to the effect that the hiring to Murphy
alone and was from month to month; that. stated
above. the premises had been surrendered to plaintiff
i'll April 1874 up which time the rent had been paid
and that plaintiff had previously admitted portion
of these facts. At this point the trial adjourned
to this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
THAT uNauARDEp BRIDGE AGAIN.

To THE EDITOR OF THE HERALD
have had occasion to Harlem Bridge twice
day for several years. and have observed that since
the gates were used they have nearly always been
opened while the draw was yet in motion. think
every passenger 1t has experienced sensation
Of motion on the draw after the guard is removed
and it is supposed to be closed. have frequently
felt it, and strongly enough to throw off my feet
at times If this city is to be put to the expense Of
supporting more gatekeepers in addition to those
now employed (who are two gatemen. two engineers
and detailed policeman, the Harlem River will
be costly job to the taxpayers. have frequently
noticed that the draw is opened long before it is
sary, before the sailing craft have raised their
anchors and then the large crowd on the bridge be-
come impatient when exposed to the biting wind
which blows across. If London had to put up
costly structure and support many men for each
bridge across the Thames, do not think the people
there would tolerate it very long, just look at the
fact of starting the High Bridge steamboats, from the
east side of the bridge in summer, thus compelling
the draw to be opened frequently. Again. why
not steamboats, which ply under it compelled to
have telescope chimney pipes, as in Londong
JOHN BULL.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
WHOSE BUSINESS is IT?

To THE EDITOR OF THE HERALD
West Fifty-seventh street, south side, west Of
Ninth avenue. has q dangerous sidewalk. The lots
have been taxed to furnish the walk, but our inef
fcicnt. well paid building Department" has per-
mitted somebody to tear up the walk to build
house. The house has been deserted unfinished. for
months, but Street Department of great activity
at election tme-does not warn the owner to repair
the street. 1.-The best police in the world do not
report the dangerous walk. Without dollar of ex-
pense to the city it might be fixed but those who are
paid to look after it are busy drawing salaries.
wrote a month ago to the Street Department
No notice taken of the matter. am afraid that
some of my family will break their backs by
tumbling into unfinished cellar. To be sure
damages could be recovered from the city in such
case, but money won't buy new backs. A. s. w.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
THE COURTS.
Bonds Of the Jacksonville, Pensacola
and Mobile Railroad
MISERIES OF CLUB MEN.
Unhappy Wives Seeking Release from
the Marital Yoke.

Another of the many suits growing out of compli-
cations arising in connection with the management
of railroads in the Southern States the subject
of lengthy argument yesterday before Judge Barrett
in supreme Court Chambers. The title of the suit IN
question is John Collision Sidney Hopkins ana
Others the question being whether the receivers or
the Jacksonville Pensacola and Mobile Railroad Com
pany appointed by the United States Circuit Court
OF the Northern District of Florida, should be adj
mitted parties defendant. The suit is not now
prosecuted by any of the original parties
10 it, but is conducted by Thomas b. Coddington,
and none of the original issues are now involved
The suit was brought in 1872, and involved the
and appropriation OF $1.200.O00 of bonds issued in
1870 by the State of Florida in aid OF the Jackson
ss Il was agreed that these bonds should
20 to England and be subject to certain debts and
Obligations, ana Coddington was to have lien
100 Of these bonds for the payment Of $4,000
stipulation to this effect signed only by two of
the parties to the record and it denied upon the
argument yesterday that the Jacksonville Pensacola
ard Mobile Railroad Company assented thereto or
authorized any to subject its estate to payment
of Coddington's debt 1t appears that the bonds.
after going to England, instead of being appropri-
ated proposed. became subject to further litiga
tion and were impounded before the courts in Eng
land. Meantime portion Of the bonds were cam
celled as an overissue and the remainder were pro-
nounced by the Supreme Court of Florida ,inconst-
tutional and void. Suits were also brought in Flor
ida to foreclose mortgage and lease upon the rail-
road, and the receivers, who seek to be made
parties defendant in this suit then appointed
This case is now pending before Judge Van Brunt,
and Coddngton is seeking to get decree adjudging
him to be creditor of the Jacksonville Pensacola
and Mobile Railroad Company in the sum of 100000,
and to sell the bonds the property of company
The receivers ask appear and Defend denying that
these bonds are the bonds of the company and also
denying all liability on the part Of the company for
their payment The motion was argued on the part
of the company by Joseph b. Stewart and by D. p.
Holland for Mr. Coddingtou At the close of the ar
guInent Judge Barrett took the papers for exami-
nation.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
ALDERMANIC CLERKS.

The new Clerk Of the Common Council, Mr.. Jacob
NJ Patterson, Jr.; made the following appointments
yesterday deputy Clerk. Captain Francis J. Two
mey; First Assistant Clerk, Thomas Murphy; Second
Assistant Clerk. Patrick McMullen; Third Assistant
Clerk. Joseph Hartman; Fourth Assistant Clerk.
Jacob Dexheimcr: Engrossing Clerk. George Waters;
Assistant Engrossing Clerk, Charles +. James;
Librarian, John p. Mahoney; Assistant Librarian
J. L. Pangburn; Messenger. William ID. Lembau;
Assistant Messenger. Francis Mc(irave: Doorkeeper
Charles A. SchafIer Sergeant-at-Arms, Albert Osborne
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
DIED

ArrKES.--On Monday January @. 1879. ut his resi-
dcncc. 81 West sd St, JONI ArrKkS in the I'D year
Of his age.
Funeral services at Fourth Presbyterian Church.
saith ST., near Broadway. Thursday. January ., at
onceP. NJ IL is requcs ted that no flowers be sent.
BREIHERToS.--On Monday January g. 1872, ELIZA
BETH BREruEnroN. aged 6S
Euucral her late residence. 20 stanton St.. on
Wednesday January \, at two O'Clock. Relatives aud
friends OF the family are invited TO attend.
BoHASSAN.--On Monday, January g. Mrs. MARY
BoHAx~kN, aged ~ years
The funeral will take place at two P. NJ wcdncs-
day January 8, NJ the residence Of her son-in-iaw,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
JUSTICE PINCKNEY's TRIAL.

The first witness called yesterday in the trial of
Justice Walter $. Pnckney before Referee Buell. was
a lawyer named W,lie, who sworc that he had re-
pcatcdly argued cases in the seventh District civil
Court, but never His Honor under the influence
of liquor. Similar testimony given by several
other witnesses and tho hearing then adjourned
until half past three L. NJ to-day.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
MARRIAGES AND DEATHS.
MARRIED.

Joxgs-DuMoST.- January Z, at Bath-on-the-
Hudson, N ". by the Rev. Richard Temple, MIR.
WILLIAM H. JONES. of Kansas City, Mo-, to Mics
LUCE DuMoSr. daughter of " q. Dumont. OF Bath
on-the- Hudson. N. Y.
PnILLIrs--NoRNAS.-On the 2sth ut., OF the
Chapel of st. Augustine. by the Rev. A. g. Kimber.
NJ. A.. GEORGE PHrIIirs Esq, to MARY ELEANOR.
daughter of 4. Il. Norman. Esp., OF Albany, ana
niece of A. G. Wurtclc, ESD, OF New York.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
SUMMARY OF LAW GASES.

The trial of somewhat singular suit was begun
yesterday. before Judge Donohue silas IL. Jcssup
sues Dr. A. Hawley Heath for 81, AGO. claimed to be
due an balance for money borrowed and on a note
The Doctor puts in counter claim for $4,000. for
medical services and medicines and for one years
net proats of the plaintiffs business, which ho esti.
mates at s2s.oOo. for restoring the eye sight TO an
eye of the plaintiff daughter
John Green. alias Thomas Godfrey. alias Sullivan.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
A FORGOTTEN ORDINANCE.

To THE EDITOR OF THE HERALD
Why is not the regulation of the Board of Health in
regard to the carrying of soled linen in the
forced? am a constant rider the Sixth
line and every Monday morning and evening the
order is constantly violated. have called the atten
ton of the conductors to it, but they and all say
1t is the duty of the sanitary inspectors"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
CLEAN THE SIDEWALKS.

To THE EDITOR THE HERALD
Permit me to suggest that if the city ordinance in
regard to keeping the walks free from snow and ice
enforced and delinquents promptly fined it
would not only be boon to pedestrians but bless
ing to thousands of idle who could, by clearing
the walks obtain the means to ward off hunger and
relieve the wants Of many dependent on them
w, u. c..
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
CAN SUCH THINGS BE?

To THE EDITOR OF THE HERALD
Will you inform the taxpayers through your valua-
bic sheet how their money goes to pay snecures? In
the Park Department. there is man named Bertholf,
who draws ST. $50 year keeper of Central Bridge,
but does no work; he hires for 81 q day to 90
it for him. There were always two that
bridge until Tammany got control There will be an
accident there some day that will knock Harlem
Bridge in the shade. j. A.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
DIsGRAcEFuL NEGLECT.

To THE EDITOR THE HERALD
wish to ask in your valuable paper the reason the
ash carts have not empied the ashes for two weeks in
Clinton place Eighth street,. from Sixth to
Macdougal street? 1t is disgrace that ash barrels
and boxes full Of garbage line the sidewalks. while
the ashes thrown in the street. to the great
noyance Of the residents Cannot the ash cart come
around once in a while? HOUSEKEEPER.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
OUR COMPLAINT BOOK.

fNoTE.-Letters intended for this column must be
accompanied by the writer's full and address to
insure attention. Compliments who unwilling to
comply with this rule simply waste time in writing.
Write only on one side of the paper.-ED. HERALD
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
CAUTION THOSE ENGINEERS.

To THE EAroR OF THE HERALD
I wish to mention that, in coming up the New
York Elevated road last night. and in turning at Fifth
street curve. women actually scared they
screamed aloud. 1.-The going overt. and
jumped mp out of their seats. There will be hor-
ribe accident there day it engineers do not go
slower. YORKVILLE.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08

Jointly indicted with John Lynch for burglary in
the third degree was found guilty yesterday before
Judge Cowing and sentenced to State Prison for
four years. The same sentence was imposed on
Lynch who pleaded guilty. The same Judge or
dered writs of nolle prosequ against Michael ONeil
CHANGED to be the sidewalk in trout Of the store
OF John 4, KauRhran, Broadway, when stones
were thrown at the show windows, supposed to be
the result of dsanection on the part of members Of
the Dry Goods Clerks Early Closing Association.
motion made by Colonel Geo. ii. Hart, be-
fore Judge Van Hoesen to retax the costs in the
of Donnelly against Jenkins and others. in which
Mrs Donnelly recently obtained verdict of $4,000
for the death of her husband The suit contin-
ued by Mrs. Donnelly . poor person. and when
the had before the Clerk of the Court of
Common Pleas he only allowed the plaintiff the dis
bursements she actually paid out From his de-
cision Colonel Hart appealed to Judge Van Hoescn,
who yesterday decided that she entitled to re-
cover her full costs.
Before Judge Potter holding Supreme Court. Cir
cult there was commenced yesterday the trial OF
suit brought by the Bank of the Metropolis against
July, 1876 the defendant guaranteed payments made
by the bank for the ensuing twelve months in dis
counting notes of the Secor Sewing Machine Conn
pany and that there is due notes thus discounted
$1224S ~. to which sum the suit is brought
On the part of the defence 1t is claimed that some OF
the notes discounted after the expiration OF the
twelve months; that Noncompliance with a provtso
in the contract freed the defendant from liability and
that bonds of the company were deposited as colat
eral, which bonds sold and the proceeds applied
to the discharge of the notes
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-08
GIVE US MEN FOR POLICEMEN.

To THE EDITOR OF TEE HERALD:--
In trying to get out Of the way of policeman on
the evening of January 4, during fire. young police
officer threw to the sidewalk with such force as
to hurt my leg. do not attend fires. but having a
friend in the burning building, corner of Hudson
and West Twelfth streets, felt somewhat Interested
j. K. l.,