davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1879-02-08
LADIES AT REsrAURANrs.

To THE Eprrop or THE HERALD;-
should like to know why II Is that ladies' are 30
grossly insuited at many OF our restaurants. I am
a well known actress, and happening to leave tho
concert nj steinway Hall rather carly last Tuesday
night with lady friend 10 highly respected married
woman, whose husband to have accompanied us
home but who failed TO arrive In time. we crossed
ovcr 10 C}ics German restaurant. hoping TO enjoy
corman lunch We entered, seeing other ladies'
share We gave our order and, after waiting ten
,n,nutcs we called q waiter and asked why he did
not serve MS. He replied that ladies unaccompaned
Nv pentlemcn could not be- served We Immediately
i.u our feelings be imagined On former
OCCASION when leaving the theatre at which perform.
corner Of Thirteenth street and Broadway. accom-
uanied by my lady companion. We gave order
And had the insult offered to at q es'
Why cannot they put up notice in some conspicu-
Gus place. that people could u from tho street, 10
the effect that Ladies' unaccompanied by gentlemen
Are not admittedr' Then ladies would not lie humil-
rated by being turned out before a room full
of people. know several instances Of this insuls
being inflicted others who, having TO wait for
their husbands and friends have sought the shelter
of this ladies ~ restaurant and compelled to
Those who do not wish to eat oysters drink liquors
are denied q quiet cup Of chocolate or German
lunch because man liz not ut their elbow.
/ have travelled all through Europe and nowhere
have experienced or heard of such thing before.
There are plenty of ladies who would like some rr-
freshment when leaving places of amusement, but
are subjected such insults which In Paris or on-
don would not oven bo offered 10 Of the vlcst
i character. Two LADIES,
The New York herald., 1879-02-08
A LUCKY MURDERER.

On the 18th of last September William Kennedy
indicted in the Court of General Sessions for
murder. and after protracted trial convicted Of
murder in the second degree and sentenced by Judge
Sutherland to State Prison for life. The evidence
disclosed that the prisoner shot man named Dennis
Mahoney on the 18th of June, 1873, in front Of
Mannng's liquor saloon, in Water street. and that
AIahoney expired instantly After the conviction of
kennedy his counsel, Mr.. William F. Howe. secured
a writ of error and stay OF proceedings, which had
the effect Of keeping Kennedy in the Tombs until the
should be decided on appeal and the was
thus brought into the General Term of the Supreme
Court for review. Mr.. Howe submitted that the
yction of the prisoner erroneous and that he
should be granted trial. decision was rem
dered yesterday by Judge Davis. concurred in by
Judges Brady and ingalls,, the concluding portion
of which is ollows:"By chapter 337 of the Laws
of 1855 Sessions Laws of 1885, page G3 is provided
that on a writ of in this kind from the
Court of General Sessions Of this city and county
this Court may order trial If 1t shall be salts
against law. that justice requires trial,
whether any exception shall have been taken not
in the court below. We have carefully ex-
amined the evidence i'll this case, and are
convinced that justice requires trial. In
opinion the prisoner was not shown to be guilty
murder in the second degree and the evidence did
not warrant his conviction OF that crime. There
in the charge of the Court set forth In
the case but think the Court under the evidence,
ought to have gone further and instructed the jury
that the offence Of which the prisoner could be
victed upon the evidence was marslaughter and not
murder. Judgment reversed; new trial granted"
The New York herald., 1879-02-08

used the toasting fork as stove handle and threw
the washboard at people when her dander rose She
alleged her willingness to pay Mary. but only wished
to deduct from her wages q suffi-
cient to refurnish the house with articles de-
stroyed or ruined by that individual. During
the hearing Mr.. James King. aged lawyer. whose
vision is impaired. asked Mrs. Welsh "if that WAS hes
son sitting there pointing. as he spoke to little
girl about five feet of. This remark made the lady
laugh and the spectators joined in. Il nothing
to laugh at" cried the lawyer This produced an
other burst OF merriment which was suppressed.
Then Mr.. King questioned Mrs. Welsh in regard to
the 'length" of some baby napkins alleged to have
been damaged by the plaintiff "Oh. Mr.. King in
terrupted Judge McGown "baby napkins are the
same size now as they were fifty years ago. More
laughter amid which the lawyer resumed his seat
A decision will be rendered to-day.
The New York herald., 1879-02-08
SUMMARY OF LAW CASES.

In tho Of the United States against III pack
ages Of tobacco in the United States District Court
at a late hour on Thursday evening. the jury re-
turned q sealed vcrlict and released. When
opened in Court yesterday morning the verdict
proved to be for the claimants.
A brushmakcr named John Rancher. of No. 81 New
Chambers street, tried and convicted yesterday.
in the Court Of General Sessions, of diabocal as
sault on little girl ten years of age the daughter of
his landady. Judge ldcrseevc sentenced the wretch
the full penalty-ten years in the State Prison at
hard labor
Bernard Nathan yesterday brought before
United States Commissioner Deuel. charged with a
violation of the Revenue law prohibiting the use OF
cigar boxes q second time box of cigars found In
Nathan possession had been previously used, but
regularly stamped the last stamp having been placed
over the first cancelled stamp. Several questions
arose to the construction OF the law in this re-
spect and the further examination deferred until
,,axtx
The New York herald., 1879-02-08
NEW YORK CATTLE MARKETS.

.is;;s !: :.sa A. AZ <
ssIS. "E: ~ 1: :s 8 s Al ns.
si &C. sHS per. per is weight ~ ew Joseph sold
s' Ks .s'i sa 81 3 Sis %
live q
= .teersls head per D.. ",os per
n II II
Coon S 4s6mr.sa :s for Rankin sS Thompson
30 d ;gi,' Be vfss'
S c' at % s % sssl. p. "a r, fS
on per head IS head a, De- per s ss head ., osc
Is head a4s per b. head a. loS per- ii ls@ 10
yss ys.s. bnsss .s sSf w. A.r." A. %ssz y fiy
nois s,eers-s head at s'ss per lb; with 81 per
ss;s s::s ss %! = ;s; &
On 1ons As.G % i head "s at 9 % per head
head a ss per ii s,En,. ~, r. sT, ss
Ss Z; s'y' r !: s"S:;
bulls. llyo weight. i.ls1 lbs 1910 lbs. AIS
Rs' 10 TsSsi s'ss
per head cad on head head a, oc per ' s with Soc on
sI head obss%, Ss% Il s .ss Iss ssss%ss & .s
.ser.s head a, st &C. per ib 70 head At se pc, Ih
AsSion - iliino. :.so,s-is head H. i head
sold o bulls. live weight 222 lbs per head al
3hc., per lb'; ~ state steers at sac per h..
live weights no lbs l65olbs per head. at ic 4ic
per ID. 232 Illinois stccrsl7 head at sac. per b head
vt YAc per b ~ head AZ Ole h. ~ head at oc per
s r Gn 'Hss a Morris f.
live weight $50 lbs. &C. per H. 10 Illinois stccrs,4
head at Nc per b. head ateSc per ib Is head 9sc
81 oil pcr head 81 bead at i64c per lb.wcehts cwt
go cwt. Scwt.
SnKkP AND LAmBs-Tradc slow, with an OF feeling IN
values. Quality common to good Sheep sold at - Is
sold Is Ohio sheep. weight ~ lbs per head at 7c pcr ill.,
kasc fidcock sold 122 Western sheep, weight W lbs
per head at DC per To- gI Ohio sheep weight ~ lbs per
at 5sc per b 26 Ohio sheep weight 8 lbs per head nj
S..c pcr slb- 80 State sheep weight IU0 lbs per
weight ia lbs per head 5%s per ID Judd BacRinssss
sold 3I0 Western sheep. ~ lbs head. 5i,c per
Davis Hsllenbeck sold veai. weight jo lbs per head
a, sc per lb veal weight 10 lbs. a, &c per To- ycals
weight - lbs per head 5sc per H. Ila state sheep
weight ~ lbs per head at S. 30 per cwt 50 state sheep
weight oe lbs per head at s. 80 per cwt; 75 s,sic
az State lambs weight as Tbs per head at bAe per b
~ state lambs weight ~ lbs per head ut - ~ per cwt
3oI state lambs weights 90 lbs. 10 lbs ~ lbs per
Co sold 1876 sheep woigh, "a lbs per head at 5 per lb
pilicnbeck Dewey sold veals. weight loo lbs, per
head; o. 6lsc per 10. I veal weight 1870 lbs ut ic
ls2 State sheep weight ~ lbs per head At sac per 10
- State sheep. weight ~ lbs per head. At ostc
per b ~ state sheep weight 123 lbs per head AZ Ssc
per cwt 40 state lambs weight 80 lbs per head at 5ssc.
per III.
MiLcu Cows--No actual sales reported Nominal values
~. sso per head springer held for ~ No, ouo,ed
veals In fair demand, at &c y 7isc. per ID.
HoeS-Thero no 1.-Two hors ON sslA
The New York herald., 1879-02-08
THE HERALD IN FoRDHAM.

To THE EDITOR OF THE HERALD-
When take into consideration the general hard
times. the consequent scarcity of change and the
proximity of the village of Fordham to the HERALD
building We cannot forbear calling attention to the
fact that the person who has assumed the responsible
ity OF supplying with our morning papers grossly
violates his trust by charging four cents for the
HERALD week days and six cents on Sundays.
religious scrupes aside for the sake Of their papers
would just readily ship their change in the same
boat He is deceived. Already are many OF those
old articles being brought down from the shelf aud
busted, so that now many have q tendency to aban-
don reading altogether. This. however, can easily
be rcmedicd by the return of former prices IA Il
stands that sweet land Of Fordam has flavor to
all readers of the HERALD. VICTIM.
The New York herald., 1879-02-08
COURT OF APPEALS.

ALBANY, N. Y. Feb. Z, 1879.
In the Court OF Appeals Friday. February z. 1870,
present Hon. Sanford r. Church. C. j., and associ-
atcs the following business transacted:--
No. 10. Max Freund and others. appellants, vs. The
Importers and Traders Bank of New York, respond
cnt.-Argued by N. q. Moak, for appellants; A. Il.
Dyctt for respondent.
No. 50. Rose l.. Esmond. appellant. vs. Allen 8. Ap-
gar. respondent-Argued by o. =. vanpelt for appel
liant: William A. Coursen, for respondent.
No. IS. James l.. Stewart. respondent, Mcdad T.
Morss appellant.-Cause put till sitting of
Court.
No. 81 George Seary, appellant. vs. A. C. Woodruff.
respondcnt.--Argued by Edward d. Mccarthy, for
appellant; W. W. Goodrich. for respondent.
DAY CALENDAR.
The following is the day calendar for Monday,
February 10Nos. 90, v1. G1 a3. rs, 81, 80 and 80.
The New York herald., 1879-02-08
SALES OF CITY LANDS.

The General Term Of the Supreme Court yesterday
announced the following rules relative to the sale of
lands in the city of New York under decrces judg-
ents or orders Of the Supreme Court adoptsi Janu-
AIRY 9, 1870
Fnst-Every sale of lands. real estate interests
in reel estate, made under any decree judgment or
order of the Supreme Court, entered in the First
Judicial district or department after the first Mon
day of March, 1879. shall be made by public auction
in the rotunda of the basement OF the New Court
House, in the city of New York. Such sales shall
made between the hours of twelve O'Clock NJ. and
three o'clock p NJ. but in before the hours
specified in the notice; and where several sales
advertised adjourned for the same day and hour
they shall be made. unless adjourned postponed,
in the order of the entry OF the judgment decree
order by which the same are directed.
Second-The sheriff. referee or other officer by
whom such sale is to be made, at least week be-
fore the advertised or adjourned day OF SALE shall de-
vex the County Clerk. at his Office, printed copy
sales shall be advertised Tor the same day and hour
il shall be the duty of the Clerk to post in a con-
spicuous place in such rotunda at least day be-
the SALE list calendar of such sales, specify
ing the order in which they are to bs made, which
shall be according to the date Of the entry Of the
judgment decree or order in each case respectively
and whenever a controversy shall arise TO the
order of sale the shall be determined by refer
ence to such list or calendar. For making and post
inc such list or calendar when actually done the
clerk shall be entitled to fee Of 81 for each
entered thereon, to be paid by the sheriff referee
officer making the sale out Of the proceeds of such
sale.
Third-Every such sale shall be made by the sheriff
referee or other ofcer appointed or directed for
that purpose. in person. or by an auctioneer ap-
pointed by such sheriff. referee other officer at his
own expenses and in no case shall any auctioneer's
fee compensation be charged to any buyer at such
sale, or any party to the action proceeding, or
taxed therein be deducted from the proceeds of
such sale. Nor shall any fee or charge he allowed or
paid for the of the place Of sale stand at which
the same shall be made.
Fomth-In addition to what is now required by law
by the rules of the Court, the advertisement or
notice of sale shall specify the place of SALE pro-
vdcd nthcse rules and, Il the property be improved
by buildings thereon, shall briefly describe such inn
provements. and the improvements shall be an
nounced at the sale by the person making the same
These rules shall take effect the first Monday of
March, 1879. but shall apply only to sales judg-
nents orders decrecs made or entered or after
said 2Oth day of February and order Of confrma-
tion shall be entered the report of any such sale
unless the report shall state that the sale made
A, 20 nformitv In these rules.
The New York herald., 1879-02-08
THE COURTS.
Seeking Indemnity for Frauds at
the Custom House.
VAGARIES OF THE LAW
An Important Rule as to the
Sale OF City Lands.

in the United States District Court yester-
day, that of the government against four cases of
silk lastings claimed by the auctioneers. Field Nor
ris & Fenner, from it's connection with the alleged
frauds upon the government which were tried in
the Circuit Court years ago. attracted much at
tention. 1t was claimed by the government. repre-
sented by ex-District Attorney George Bliss. that
through conspiracy between Charles L. Lawrence.
Custom House broker. extradited from England
upon indictment charging him with these
frauds, and afterward convicted but upon
whom sentence suspended. Deputy Collec-
tor Des Angcs. the shippers of the goods
in Liverpool and the consgnees in New York, certain
invoices fraudulently entered at the Custom
House. 1t also claimed that three cases packed
with goods paying low duty would be designated
in a shipment of twenty-five thirty cases for
animation. the other containing silks and other
valuable goods. paying high duty The invoices
stated that all the goods of the inferior charac
ter. 1t understood that the appraiser actually
examined in ten, but that Des Anges
ranged them that the examined should be those
containing goods paying but low duties. Mr.. Bliss
government lost nearly 50 100000 Lawrence. who
tried and convicted with Des Angcs, is still under
$4,000 bail pending sentence. The goods upon
which suit is brought were seized in the possession
of Messrs. Field. Morris Fenner. Their defence
as claimants is upon the ground of advances made.
Lawrence the first witness called and he told in
detail the story OF the conspiracy between him.
self. Deputy Collector Des Anges and Wolf, the
shipper of the goods. by which certain
were to be taken to the public stores for
examination. In the letters produced these
were designated as "origins" Letters from Field,
Morris X Fenner to Lawrence, found upon him
when arrested in Liverpool, shown. and
through the key which he produced in court. Mr..
Lawrence explained their purport He stated that
he received $1,000 for each entry made and Des
Anges $50. The steamers manitests and the OFF,
GERS returns were then offered in evidence. showing
that certain cases were sent to the public stores and
then the testimony of several cartnen taken in
this connection, The trial of the will be con-
tinued on Monday. Ex-Recorder James NJ. Smith ap-
pears for the claimants.
The New York herald., 1879-02-08
WABASH RAILWAY COMPANY.

decision involving the reorganization of the Wa
bash Railway Company was rendered yesterday by
the Supreme Court. General Term. Mr.. Thornton, a
stockholder of the old Toledo. Wabash and Western.
claiming to have had notice of the steps leading
to the reorganization of the road. applied to the Wa
bash company to be allowed to participate in the
new company after the subscription books had
closed The company. through its representa-
tives. refused this demand. whereupon Mr.
Thornton, after rendering the proper assess
ment, brought suit against the company,
holder in the old company and that he had notice
of the various steps of previous to tho
time of rendering his money. The General Term.
Thornton too late and that the properly
refused to issue him stock. The result OF this
decision to settle the reorganization of the Wabash
road perfectly valid and legal, and that it is now
impossible to disturb the same.
The New York herald., 1879-02-08
OFFICIAL CHARGES.

In Marine Court. Chambers. yesterday, an explana-
ton made on behalf of the Sherifrs officials in
relation to the statement made in court by counsel
the previous day to the effect that the Sheriff S
aids getting from $50 to s35 day for allowing
a judgment debtor to continue business during the
existence of levy. and also that an attachment
claim of little over 800 costs had been added to
about an equal amount. The attachment in question
was against John +. Ludewig. who keeps a saloon
in Barclay street. and the officials assert that
they have in hands against the party
two attachmen and two executions. amounting in
all to no. and ali of which levys have been
made. These matters being pending for some time
in of a propo ed settlement defendant al
lowed to continue his business by written consent Of
the plaintiffs attorney in the attachment proceed
ings, and such charges those asserted to have
been made were made. nor any charges other than
the usual pay Of the man in charge which paid
by consent of all parties As to the amount of costs
alleged to have been demanded it asserted that
whatever amount of costs named had reference
to all the and not to the 500 attachment
ali
The New York herald., 1879-02-08
THE RAILROAD LAND GRANT.

The following decision was given yesterday by the
General Term of the Supreme Court per cur1am.
affirming Judge Donohues order appointing COM
missioners tor the taking of lands bordering the
Hudson River from Sixty-ffth to seventy-second
street for the Of the New York Central and Hud
son River Railroad Company I've are not insens-
BILE to the importance of this case. because of the
principles involved in the questions presented but
we are nevertheless impressed with the correctness
OF the disposition made of the petition and proceed
ings under it. The land which the petitioners seek
to possess seems to be required for the
successful transaction of their business in all its
details and the water front is OF great importance in
that respect for many reasons. The rights of the
city and through the land in regard to
and avenues is preserved by the order made and the
grant to the petitioners is necessarily subseryent
those rights. Without dctaining the papers sub
mitted, therefore for the preparation of more elab
crate opinion, which would lead to delay and in
order that the appellants may resort il they choose
to do so at once to the Court OF Appeals We think
our duty to affirm the order appealed from, which
do, with costs"
The New York herald., 1879-02-08
FIVE CENT TRAINS ON SUNDAY.

To THE EDITOR HERALp:-
Please inform me by what authority the New York
''L Railroad Company charges ten cents for fare
Sundays before half-past seven A. NJ. bought .
ticket on the I'd inst. at twenty minutes
past seven A. NJ. and was compelled to
pay the above price. On demonstrating with
the ticket agent at the l25th street depot
formed that there were no trains running until
cents. On inquring from a number Of gentlemen in
the depot found they treated IN the same
ner. am under the impression that the Legislature
should take this road In hand at once and compel
them to treat the pubic as they contracted to do
There large number of people who are COM
PEELED to work on Sundays for three or four hours
who cannot afford the extra charge
ONE WHO PROTESTED.
The New York herald., 1879-02-08
THE PAISLEY DIVORCE SUIT

The trial of the suit for divorce brought BY John
Paisley against his wife. Hannah Paisley. con-
cluded yesterday before Judge Lawrence. Counsel
for the defendant in opening charged cruelty to his
wife on the part OF the plaintiff He also stated that
an effort had been made to have the case 20 before
referee, but he would not consent to have
his client slaughtered in referees back
Office. He characterized the plaintiffs witnesses as
perjurers and low characters Mrs. Paisley was not
allowed to testify in her behalf. and evidence as
to her good character also excluded. The sum-
ming up occupied several hours, but Judge Law
renee charged very brief he leaving entirely to the
jury to decide to the credibity of the witnesses
The jury. after being out some two hours failed to
agree and were discharged. 1t stated that five
were for the plaintiff and seven for the defendant
The New York herald., 1879-02-08
SALE OF A RAILROAD.

On the Real Estate Exchange yesterday Commits
sioner John A. Shields. Master in Chancery offered
for sale all the right franchises rolling stock and
equipments of the New York. West Shore and Chi
csgo Railroad Company. There were present in.
terestcd parties President Courtney of the company;
Ex-Governor Page, OF vermont; A. II. Prentice, Of
Canada; G. L. Frost and Jacob Pool. The sale was
made subject to prior liens and interest amounting
to about 81 1,00000O. The only bid was by Mr. Pool,
who, in behalf of himself. J. &. Calhoun. Willis
Phelps. H. j. Golfer and Walter Shanly. tho commit
of the bondholders, offered $35 900 the liens
A deposit of about $4,000 in cash made aud the
sale secured
The New York herald., 1879-02-08
NO NEWSPAPERS.

To THE EpIroR THE HERALp:-
Cant you say word for those living the line Of
the Erie road and do something toward assisting US
in getting the morning papers' 1t appears that train
which is caod the paper train" leaves. ought TO
leave Jersey City at Ave O'Clock which the papers
brought 1t is of frequent occurrence that said
train is from to two hours late. owing
TO the fact that engines and caboose OBJ
struct the bound track out Bergen nearly
every morning. II seems these engines and cabooss
60 out there to 'll OUT empty train OF cotI
stock cars, and tho conductors OF these coal -
stock trains allow their caboose to stand the main
track. thereby blocking it, while the engine is on .
side track making up train. They could easily put
this important caboose car switch and let other
trains pass People who come to town early have TO
60 without their papers, and poor newspaper sellers
lose the sale of their papers. - d i.
RUTHERrURD PARK, n. j.. Feb. 4, loN.
The New York herald., 1879-02-08
JUDGE PINCKNEY.

A motion made yesterday. before the Supreme
Court. General Term. behalf of the Corporation
Counsel. for leave TO recall Judge Pinckney for
further cross-cxamination. The motion gave rise to
quite lengthy discussion. which terminated on a
suggestion by Judge Davis that as Judge Pinckney
could not object to such cross-examination and as
tho Corporation Counsel willing take the time
consumed In such cross-examinaton out OF the time
allowed for rebuttal. that he should be examined at
one y. NJ. on Monday before the referee. An order
TO this effect entered, also au order directing
the examination at one L. NJ to-day OF Thomas Dufy
and Joseph f. Naire.