davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
THE COURTS.
Important Suit Against Fire
Insurance Company.
"THE WINTER OF OUR DISCONTENT.'
A Queer Trial and a Lively Host
of Litigants.

suit Of unusual interest to insurance companies
and insurers fro insurance policies generally
came up yesterday the United States District Court
stituted by Messrs. Robbins & Appleton against
the Fireman's Fund and Insurance Company to re-
cover contribative share policy Of $4,000 taken
out in the company. From the testimony it appeared
that the plaintiffs. Robbins & Appleton. occupied
the second foor of the building Nos. !. and Bond
street. which was destroyed in the great fire
of March 6. 1877. The plaintiffs being the
sole agents for the American Watch Company.
they kept their stock OF valuables. together
with the property Of the American Watch Company.
in the same safe in the Bond street building There
fourteen policies. amounting to $4,000. in
various companies, in the Of the American
Watch Company. and four policies amounting to
100000 in the name OF tho plaintiffs. Afer the fire
the fourteen companies paid their contributive por
was claimed that the four separate policies for
$4,000 IN the name OF Robbins Apple
ton also covered the American Watch Com
panys goods, inasmuch Robbins 4 Apple
and that consequently these four policies
should contribute their proportion OF tho total loss
The companies objected, and Q suit was brought to
compel them to contribute and tried in Trenton.
N j., short tune ago. which resulted In verdict for
the plaintiffs. An action was then brought by tho
same plaintiffs against tho Columbia Insurance Com
pany which resulted in favor OF the plaintiffs.
third trial is now being had before Judge Shipman,
panes liable for the loss sustained by the Ameri
can Watch pany, well for the loss sustained
by Robbins u Appleton. the defence being. as in the
other cases tried that they are only liable for the
damage done to Robbins Appleton. Messrs Abbott
and Fuller appear for the plaintiffs and Messrs Van
Colt and Winslow for the defendants. n
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
REII.LY'S PANTALOONS.

After the usual business had been disposed Of In
the Fftysevcnth Street Court yesterday Judge Nor
gan was called upon to decide most peculiar of
law and equity. In which Mitchell Reilly. o truck
man. was complainant, and Il. Engelman, o tailor
was defendant. The casus beiH y pair of panta-
looms. Reilly Is hard working Irish man who last
December confdcd s5 to Engelman with implied
trust that Engeman would make apair Of pantaoons
that would At Mr.. Reiliy's proportions. At
the same time MIR. Reilly left with Mr..
Engclman . pair OF pantaloons that would
guide him in the making of the new pair.
Mr.. Reilly tried ON the new pantaioons and found
remedy the defect or give him n new pair. The
remedy in this case. 1t seems, was worse than the
disease, for Reilly was outraged ut the garment
sent to him by Engelman that he at applied to
police magistrate for redress
REILLY and Engelman presented their respective
grievances To Judge Morgan yesterday afternoon.
The pautaloons produced and Judge Morgan
informed Reilly that before he could pass Judgment
the pantaloons must be fitted on. Reilly modcstly
protested that he could not try them In the court
room. but Roundsman Muldoon suggested o retiring
room and thither proceeded heilly.
In the meantime Engelman sat In the court room
expostulating aud assuring the bystapders that this
was the first time his skill . tailor had ever been
impugncd or challenged. and he was willing to await
the ISSUE There was pause and deep silence in the
court room two or three prisoners for ordinary mis-
demeanors had been arraigned and disposcd Of. and
Judge Morgan waited patiently until the formal pro-
cession. headed by houndsman Muldoon. solemnly
reentcred tho court room.
Reilly assembled the stops and bowed politely 10
Judge Morgan. Judge Morgan returned the sautaton
with becoming gravity Suddenly Reilly reversed his
position and said he bent himself :Look ut that.
Judger
Judge Morgan docking over the bcncht-Do you
wear suspenders, Mr. Reillyf
Rcilly-Never mind the suspendcrs, Judge; look ~
the ft l ain hard working Judge, and they
donst come half way up my hips.
Judge Morgan-They seem ~ DO q moe pair, ana
fair ht. Perhaps no will do better next time. tlo
Engelman) You must do justice by this man.
Keilly-But want satisfaction. Judge.
Judge Morgan--I will give him month 70 MAKE
you pair of pants, aud In the meantime hold ON
" the pair you've got.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
THE PINCKNEY INQUIRY.

report made yesterday to the General Term
OF the Supreme Court by Referee Oliver p. Buell., who
was appointed to take testimony In tho proceedings
begun Civil Justice Walter 8. Pinckney on
charges OF judicial incapaclty. This report however,
contained only transcript OF tho testimony taken
during the investigation. and was without any hnd-
in,s. The counsel present when the report was
handed up were Corporation Counsel Whitney and
Mr.. Miller. on behalf Ut the prosecution and ex-Judge
Fowler for the defendant.
Mr.. whitney moved. on tho testimony that was
handed to the Court, that Justice Pinckney be re-
moved from his Office. Ex-Judge Fowler asked for
suspension OF the proceedings until further test-
mony could be introduced, which ho had been
able to procure until then.
The Court which consisted OF Chief Justice Davis.
Judges Brady and Ingalls,, after short consultation
gave cx-Judge Fowler until Monday next, at half
mony.
Corporation Counsel Whitney said he would at that
time move for the Judgment Of tho Court.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
UNITED STATES SUPREME COURT.

WASHINGTON. Jan. "a, 1879.
The following was the business transacted IN the
Supreme Court of the United States to-day
No. 593 Robert o. White. appellant, The United
ates.-Submitted by j. j. Weed for appellant and
Assistant Attorney General Smith for appellees under
the twentieth rule.
No. 1865. John g. Williams administrator. &C., APP
peant VS.. The United Ststes-Appeal from the Court
OF Claims.-Submitted by p T. Dye for appellant and
Assistant Attorney General Smith for appellees un
der the twentieth rule
No. I067. Arthur Pickering ct al. appellants. VS..
infringement of patent upon improvement in the
manufacture OF crucibes Submitted by j. 4. May
nader for appellants and W. Blackwell for appellees,
under the twentieth rule
No. lag. The United States, appellants. We. The
Burlington and Missouri River Railroad Company
Argument continued by j. NJ. Woolworth for APP
pelee and continued by Assistant Attorney General
Smith for appellants.
No. l47. Nathan and Rebecca Myrick, plaintiffs in
error. VS.. Benjamin Thompson.-Submittcd by +. q.
Palmer for defendant in error; counsel appearing
for plaintiffs in
No. las. A. G. Britton. surviving partner. &C.. ct
AL plaintiffs IN error. The Police Jury of the
Parish of Concorlia. by Thomas j.
j. Il. Bcckwith and George s. Sawyer for defendant
in
No. $50. Tho United States OK rel. Morris Ranger,
plaintiffs in error. tho City Of New Orlcans.-
Passed until No. 151 is reached.
No. 1872. George W. JOY, appellant. vs.. Elizabeth
Day.-Appcal from the Supreme Court OF the Dis
trict of Columba.-Argued by James S. Edwards for
appellant and T. 4. Crittenden for appellee.
Adjourned until Monday ut twelve O'Clock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
CAvALCADE OF DEFENDANTS.

The First District Court filed yesterday by the
attendance Of seventyfve defendants. who had been
sued by the Lawrence G.. Goulding Company for hav-
ing given their promssory notes. by which they
agreed to pay so the receipt Of religious book
entitled the History of the Catholic Churches"
Most all the defendants represented by counsel
some Of whom claimed that they induced by
fraud to sign their names. The oil ad-
journed with the exception Of one. which the
case Of Lawrence G. Goulding Il Company against
Michael Madigan. former Assemblyman OF the First
district The agent for the company testified that the
defendant made promissory note agreeing to
pay the above on the delivery OF the book. and
that the book had been deverek Mr.. Alfred Steckcr
counsel for Madigan. placed the defendant the
stand who testified that he did not receive the book
Mr.. Stockler raised the novel point that the suit
would have to be dismissed the ground that mas
much they sued in the name of Lawrence &. Gould
ing Company, aud their certificate OF corporation
being in the of Lawrence &. Goulding y Co."
they were bound to sue as they were incorporated.
Judge Callahan reserved his decision. This decision
is looked for with great interest. it will dispose
of the other suits. which all in the name of
Lawrence g. Goulding Company.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
A CONSPIRACY IN FRENCH.

Albert Pilot. a shoemaker. says no recently pur-
chased from Justin villeman. in whose employ he
had been, the stock and fixtures Of o small shop.
agreeing to pay therefor $685. He paid 500, cash.
with the understanding. he says. that he was TO
take Immediate possession and pay the balance by
instruments. He declares possession was refused
him by veman, and he began q civil suit to secure
1t. In tho due process Of law no employed friend
named Smith to serve subpoena upon villeInan. 1t
30 happened that Smith understands French very
well. and while serving the aubpena overheard
conversation between villeInan and friend who was
with him ut the time
Poor Pilot stood charged in the Court of Special
Sessions yesterday with having stolen pair OF shoes
valued at 50. and Justin villeinan the complain
h,s friend Smith 40 ss,ass ~ is.,ar testiaed
that the conversation he overheard between vieman
and his friend was . conspiracy 70 charge Pillott
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25

TO BE SOLD AT AUCTION UEDEn FORECLOSURE
OF MoRTcAGE--TuE RISE AND FALL IN IT'S
FORTUNES
The Windsor Hotel, on Fifth avenue, IL advertised
to bc sold under foreclosure OF mortgage the 5th
of February. The ground on which this building
stands was leased from the Goclots in 1871 by Mr..
John T. DAILY at tho yearly rental OF S19 ioo the Coz
let's agreeing to loan 100000 toward the erection OF
the hotel. The building commenced in the
spring of 1871. and in August. 1872. mortgage
made by Daily TO tho Goeets for 100000. In the
November following further sum of $4,000
was advanced by the Goelets. The building
was leased to Hawk. Waite 4 withcrbce for tho
term of ten years the yearly rental of S125.0OO
In the month Of September. 1873. the hotel
opened and at this time additional mortgage was
made to the Goelets for s30.OO0 making total OF
$S0OO0. The property was then transferred to the
Windsor Hotel Company. which ut that time
sisted of J. 4. DAILY. his wife. son. daughter and
brother.
Claims were Immediately presented against Daily
and the properly by the various mechanics ON
ployed in the erection OF the building, for sums ag
gregating $500 UO0 and all sorts of proceedings
were commenced. score of lawyers appeared and
Daily soon found himself in u legal net from which
he could chance OF escape. His mind was
somewhat disordcred by all these troubles. and IN
May. 1876. his lifcless body was found IN an old
dilapdated house on lonely road at Laurel Hill. l..
l. lie had committed suicide
Since that time the rents of the hotel have been
absorbed in taxes. interest mortgages and in pay
ing lawyers and law expenses but there has been no
no reduction of the debt. In October last Messrs.
Hawk Waite wtherbee decided they would no
longer continue TO pay the very large rent required
by the terms Of the lease. suits and negotiations
followed. and arrangement was made RED ucing the
rent for the balance OF the term to $4,000 per year.
This sum hardly sufficient to pay the interest on
the Indebtedness after paying taxes and other neces-
sary expenses.
The party holding the first mortgage. after the
Gocicts. amounting to $2s.O0 insisted on the fore
closure and the property that cost Ss0o.Oov and ia
rented for s1iU.OuU per year viii DO sold ON tho
9th prox. to the highest bidder.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
A DANGER TO NAVIGATION.

To THE EDITOR THE HxIlALD:-
In behalf Of the shipmasters trading out Of this
port feel it TO be my duty to call the attention Of
the harbor authorities to the negligence displayed by
some one of their subordinates in not having such
dangerous obstruction to navigation Diamond
Reef properly buoyed, thereby preventing any possi
happened to my ship the 4th inst,
while towing down the East River. There being no
buoy in position to mark its location, ignorant
Of its whereabouts until the vessel struck. and in
consequence of which the safety OF both cargo and
vessel was endangered and heavy expenses and DAM
ages incurred. The necessity OF having buoy in
position at the place shown from the fact that
one placed there Immediately after my vessel
had been hauled of the reef Respectfully yours.
THOMAS w. CHURCHILL,
Master British ship bonanza,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
A LONG CONTESTED SUIT.

A suit that has been lingering for several years in
the courts, and in the multiplicity Of motions and
counter motions finds rarely parallel yester-
day brought to trial in the Supreme Court before
Judge Potter The suit was that originally brought
by William Winter against John H. White. Mortimer
Livingstone and Henry W. Livingstone and begun
in the Supreme Court in July, 1871 Since the CON-
mencement OF the suit Mr.. White has died. AS is
well known the suit brought to set aside trust
deed to D. c. Brdsall bearing date December g. 1868
he being entitled under the trust to collect
the rents of the large property, valued ut
some $4,000. lefc by Gabriel Winter. father
of the plaintiff The elder Mr.. Winter died intestate
leaving surviving him AZ heirs William Winter, his
son. and Mortimer and Henry w. Livingstone.
OF his deceased daughter. Mrs. John Livingstone.
The plaintiff is about seventy years of age and
bachelor His story to his alleged iltreatment by
Mr. Brdsall trustee has already been fully pub
lished. Mr.. Ira Shafer and ex-JudRe Porter appear
as counsel for Mr.. Winter. John Livingstone ap-
pears for his After Mr. Winter had been called
to the stand Mr. Livingstone asked for the postpone
ment Of his examination until his associate counsel
ex-Judge Fullerton. could attend. The request
granted and the trial will commence on Monday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
REAL ESTATE.

At the Real Estate Auction Rooms, January "a. the
following parcels were sold:-
4
Pcter Il. Olney rcfcrec-foreclosuro sale of plot
of land, 100 lxluO. 10th av., Sc cornor Of
l2lst plaintiff. $4,000
WILLIAM KkNNELLY
Charles f. Estwick, Neutrality-suspicious. sale Of tho
four story brick tenement house, with lot 23.2x
1908, No. 453 West 46th 224.2 II. o. Of 10th
RICHARD v.
j. =. Potter, referee-Foreclosure sale of one lot
23xlo22, on $. 8. Of East 10th ST. $50 IT, W. Of Sd
nv 10 piamttH: ;;......;.... 2,ooo
Also one lot, 25xlO22, on =. s. of East 10th st., 275
II. OF I'd to plaintiff. $500
BY I. J. 4 PHILLIPS.
H. Brewster, roferee-Foreciosurc sale Of gore lot
S2xl7SXl5S.2, ON n. a. of West l25th st. 100 IT, W.
BERNARD SMYTH.
r. G. Beardslee refcrce-Foreclosure sale of the five
story front store with lot 33.3x74 IL x23x
SOC, No. = New Chambers ST., H. T., # 8 of Chat
4. u. RAYMOND
Edward Patterson, Observation-Disclosures sale Of the
live story brick building. with lot 25xlOO No. 10
9th av q s. Is it. n Of ST. plaintiff ..... 1900
v. X. STEVENSON,
j. Grant Sinclair Observation-Disclosures sale of tho
three story brick dwelling, with lot lSx65. No. "a
Wost 18th St, D., so& It, O. OF 9TH av.; to VII
lam H. CIarkson o.esD
.%ooSso
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
SCARLET FEVER.

Twenty-Five Of scarlet fever reported
yesterday the Health Board and Ave Of dphthera.
As the week draws to a close the totals show that
there slight increase during the last days
those Immediately preceding them. but not sufficient
TO be alarming. The sanitary corps is still
hard ut work. and every expedient available
has peen employed check the contagion. Families
could do much to facilitate this by speedily reporting
such cases under their notice aud not allow
several children to die in their neighborhood. as
occurred in one instance. without sending word to
tha ofHcfala
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
ONE OF OUR COSTLY DOCKS.

To THE EDITOR HRRALD.-
Please call the attention the proper authorities to
the manner in which the new bulkhead extending
from East Fifty to East Ffty-fourth street. is
being filled in" Tho commonest kind of material
has been used, which is. as whole. unit to be
deposited in o populous locality like this. Inde-
pendent of this the refuse from neighborng brew
cry is dumped there and this will breed disease il
allowed to rcck in the whom spring opens. which
will surely be the II action is taken to pre-
vent 1t. This brewery refuse s not substantial
filling. 1t Is soft and spongy but the person in
charge Of the promises doubtless has object in
cciving such stuff he collects ten cents per load
1t IL dumped. FIFTYSECOND STREET.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
BROOKLYN VAPORS.

Considerable excitement occasioned In the
Board Of Assessors room. at the new municipal
building. Brooklyn. yesterday. by the apartment be-
coming suddenly filed with horrible stencil Mem
bers of the Board and employees Of the department
were Obliged to retreat into the corridors, aud
found IL impossible to return to work until
the room had been thoroughly ventilated. An ex-
animation showed beneath the washbasin in the
corner OF the q large hole in the side Of
the wall. through which the vile odor camc. Some
are OF tho opinion that II the escape OF sewer
gas while others contend that It came from the en-
zine room In the basement.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
ASSAULT ON THE HIGH SEAS

John Jones, first mate of the American bark
Mathew P. Tucker. arrested yesterday by Deputy
Marshal Bernhard charged with assault upon
william Johnson. sailor on board tina. vessel on
recent voyage from Buenos Ayres to this port. The
assault is alleged to have been committed the 18th
of December last. when the high seas 1t is
claimed by Jones that the arrest is made black
mailing purposes the ship being in port for several
weeks without any charge OF assault being preferred
against him until now. The accused held in
$500 bail by United States Commissioner Deuel. which
was promptly furnished. and the examination is
set down for this morning.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
GUMBLFToN AGAIN

TO THE EDITOR OF THE HERALD:-
Iwish to ask the legal gentlemen, through your
complaint column. why, among the numerous
charges made against Gumbleton. they forgot to
chnrge him with dereliction Of duty in taxing their
'bill Of costs2" and desire to ask why he allows
illegal items, and in many cases double what the
law allows when his duty is to guard the clients in
taxing costs against thieving and dishonest lawyers?
1t is not thing for $500 $500 belonging
to estate be eaten up by the referee and lawyer
when the true lawful charges would be about 500.
SUFFERER
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
WHY NOT?
To THE EDITOR OF THE HEnAID:-

10 THE EDITOR OF THE HERALD
Why is it that while private families compelled
to keep their sidewalks clean public institutions
be careless they choose? The Orphan Asylum
Madison and Fifty second street is source
Of tho greatest annoyance to the residents Of the
latter Seven and eight barrels OF refuse remain for
days at the gates of this institution. which. after
being hauled by ragpickers and blown by the wind.
presents most disgusting sppearance-the prospect
from our front windows. There is large yard at
tached to this building and why can't these offensive
barrels DO kept within the gatesi Neither has any
effort been made to clean the snow from the side
walk. Is there no remedy for these abuses?
CLEANLINESS.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
nopprNa PETER TO PAY PAUL.

To THE EDITOR OF THE HEnALD -
While my way home from the Grand Central
Elevated Railroad station along Lexington to
Fortisth street. last evening. and when between
Fortieth and Forty streets. saw what took to
be two ash carts going up the avenue but when they
arrived opposite me little beyond Fortieth street,
l observed that the drivers Of the carts
were dumping snow by the shovelful into
the street. they did not stop their carts
and when they discovered me they turned their
horses into Forty-frst street and proceeded toward
Third avenue. and suppose they kept on shoveling
until their loads entirely disposed Of Luckily
for them there was policeman in sight, for
had there been I should have had them ar
rested and prosecuted. the same rs Mayor
Cooper did the two men who dumped
snow in front of his residence. few days since. I
think 1t is high time this thing was stopped II
place IL should be to that they do their work
properly and not be allowed to skin the people Of
New York out OF their money by having to pay twice
for work done once. HONESTY
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25
IRREGULAR RAPID TRANSIT.

To THE EDITOR OF THE HERALD:-
Yesterday was u day to try tho mettie OF the Il
road and IL was found wanting In every respect In
ordinary weather we people of Harlem ind the boats
good enough for our uso because. in tho rst place.
they arc really rapid transit las witness the sylvan
Des trip from Peck slip to Tooth street in twenty
four minutes, and In tho next. they arc very COM
fortable. but Yesterday Harlem was enshrouded In
foo and our only recourse was to the "L road. SO
g s s the ii6th street station. only find not only
tho platform densely packed but the stairs and
out on the sidewalk below, so then went to tho
1aSth street station and got u seat In cold car.
Train left there almost full. having stood ut tho
.tnfion Ave minutes. giving difference between
thaf and the train ahead Of eight minutes. and. rs
matter of course, all platforms were filled with pas
snrgcrs anxious to get There at least six
aev.,u trains, all at Harlem end, aud that's what
cannot understand, why those trains were not run
NO regularity In running trains. Two three trains
may come along inside Ut as many minutes. and
then you may not get ono In ten minutes When
vol find fault they say, "Oh WELL you must grumblo
At something, and you must remember the road Is
new" What does their experience the west side
amount to II seems to me that they have boon In tho
business long enough to know how 10 run rAiroad,
and yet the Sixth avenue road give them points
every time That road makes q station at full speed.
gets its Roadway at and goes of at full speed
again. while the Third II" road starts likc
THIRD avenue horse car--puf. pun and tug-and
after great effort they get under way Now, hfty-ono
minutes from 10th street to Franklin square Ia
wonderful time when compared with the horse cars,
but does not satisfy people who are accustomed to
L reaching the city by boat. RAPID MOTOR.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-25

[NorR.-Letters intended for this column must be
accompanied by the writer's full name and address to
insure attention Complainants who are unwillingto
comply with this rule simply waste time in writing
Write only on one side of the paper.-ED. HERALD