davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
PERILS OF THE LAW.
A RAILROAD SUPERINTENDENT ATTEMPTS TO
sQUELCH LEGAL ADvERsARY-ExCITING
SCFNE IN THE SUPERIOR COURT

A RAILROAD SUPERINTENDENT ATTEMPTS TO
sQUELcH LEGAL MISUNDERSTANDING
SCENE IN THE SUPERIOR COURT.
There was quite excitement Fin the Superior
Court Trial Term, held by Judge Freedman. yester-
day. occasioned by an unusual occurrence In legal
warfare. It that Mortimer Hendricks some
time ago instituted . suit against the Sixth Avenue
Railroad Company to recover $4,000 damages for
being assaulted alleged by drunken and quarrel
some while riding one Of the company 8 cars,
In June. 1874. The facts of the case were fully
published in the HERALD nearly year ago,
and at the time created considerable public
interest Mr.. Hendricks claims that be was
struck In the mouth and obliged to seek the proec-
ton of police magistrate. besides being compelled,
while covered with blood TO walk home through the
streets. The company interposcd q general denial,
and the first trial Mr. Hendricks recovered YER
dict for 1000. This verdict appealed FROM and
the Judgment being reversed At General Term
the case came up for second trial
yesterday The testimony having been all
put in Mr. T. Y. Bell. counsel for Mr..
Hendricks began to sum up. In the of his re-
superintendent OF the Sixth Avenue Railroad, who
had testified during the trial behalf OF the de-
PENDANT Mr.. Bidgood at the conclusion Of the trial,
became very much excited, and in very emphatic
terms resented the fancicd insult
"Do you know who you are talking about p said
he, approaching Mr.. Bell in threatening manner.
ing distance OF the Bench and claimed the protection
ofthe Court. The belligerent Mr.. Bdgood then be-
came very violent and, AZ was claimed by many by
ISLANDERS, attempted to draw from his side POCKET q
pistol. This attempt, II such IL may have been, was
frustrated. however. by the prompt action Of the
court officers and others, who dragged Mr. I}idQood
from the court room breathing vengeance upon his
This little episode having quietly passed the Jury
in due course of time brought in a verdict for Mr.
Hendricks for $780, after which the Court adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
INSURANCE MEN INDICTED.

In the Hudson County (N j. Court Of Oyer and
Terminer at Jersey City yesterday John Holland.
president Of the Mechanics and Lsborers' Savings
Bank and ex-president Of the State Fire Insurance
Company. was arraigned with John J. Reid by
Prosecutor McGill on an indictment charg-
ing them with perjury. Mr.. Reid. who is
secretary Of the insurance company, is also men,
Der of the Executive Committee of the Mechanics
and Laborers' Bank. The indictment charges
that the men, as president and secretary Of the In
surance company. January 80. 1878. swore to .
statement of the condition of tho insurance conf
pany and among the items OF assets set forth in the
$4,000 value ST., 800; Bayonne bonds. face value
6000, value $3.50; Harrison Improvement bonds,
valued at $3.50" Among the cash assets sworn to be
on hand were 1852 81 in the conipany's office and
sI2b25 43 in the various city banks. The indictment
alleges that neither the bonds nor all the cash
fesred to were at the time the statement was made
tho property Of the company, and that Holland and
Reid, therefore, committed perjury. Both men
pleaded not guilty and gave bail In 2500 each for
trial
Mr. Holliard was about leaving the court room
when Prosecutor McGill called him back and again
arraigned him upon an indictment charging him with
six bonds Of the city of Bayonnc the value Of 900
each then the property of the State Insurance Com
pany. He again pleaded not guilty. and Judge Gar
rotson fixed the bail on the second indictment ut
$1,000.
third indictment against Mr. Holland for conspir.
acy to defraud the dcpositors Of the Mechanics and
Laborers Savings Bank was not brought up yester.
day.
No day has been set for the trial Of the accused
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
MILLER VS.. ROSS.
PREPARATIONS FOR THEIR COMING CONTEST OF
FIFTY HOURS.

PREPARATIONS FOR THEIR COMING CONTEST OF
FIFTY HOURS.
BALTIMORE, Jan. 49, 1879.
The medical faculty, sporting fraternity and public
generally are awaiting, with considerable interest.
the coming contest between Professors William Miller
and Duncan c. Ross, at the Academy of Music. on the
23d inst The prel;minaries have been arranged for
fifty hours walk. the winner to receive gold
medal valued at not less than $780, Ross is teacher
of athletic exercises at the Young Mems Christian AS
sociation Gymnasium in this city, is native of Glas-
gov. Scotland; il six feet in height. weighing fully
two hundred pounds, not yet twenty-fou years old
aud less than We years in the profession. In Caledo
Man field games he has and snow holds ten
amateur silver medals fourteen professional silver
medals and nine gold medals. He won his fame
pedestrian by defeating. at Glasgow, Cummings, q
famous walker. III twenty-four hours contest. In
training he walks two miles before breakfast, twenty
to twenty eight miles after breakfast aud walks two
hours after dinner besides teaching and workin his
classes six hours daily. AS compared with men Of
known endurance like Bauer, Allen Goss and Others
VINO walk twenty miles and take very light dumbbel
exercise 1t intervals his training be regarded
EXCESSIVE and novel. 1t remains to be eject
twill have upon his powerful physique. HIS diet is
oatmeal. tea stale bread. lean meats and
stimulants He proposes to walk ut 1870 pounds
Professor William Miller whose name is now a syno-
nyme OF skill. strength ana endurance, has i'll the
snort space OK six years vanquished the most expert
athletes in Australia, West Indies, the Pacific coast
in the Canadas ana throughout the United States
In height he is nearly six feet recently weighing 222
pounds; this has been rcducedi and he expects to
walk ut 1y5 pounds His diet is bread tea lean
ton aud beer ard moderate quantity OF beer or
He walks not over twenty miles daily and does not
look at his heavy ouinbbells. EARLY in his
career ut Platts Hall in San Francisco he defeated
with ease in forty mile walk Homer Pennock, the
famous dumbbell man, who challenged any two men
the coast to put up bells. not excepting Robinson
The challenge was not accepted he then proposed
walk, having met successfully both Weston and
OLeary, with the above result In fencing he has
met aud vanqushed such Howitz the
Dane, and Sergeant Stevens. In wrestling Bauer has
haen fhrnu i'm Var ran ria fn
Cartaron, Heygster. Treher, De Leon. Dennel and
Murphy. In sparring, in which heis preeminent.
the following names are among his list OF van
pushed :--BlIten Davis. Mccarthy, Kelly, Taylor,
Denny, Dwyer Rookie Labossiere, and last, but by
no means least Joe Goss, whom the writer heard
mark 81 am satisfied. Miller has won. The man
who beats him hea,s GOOD man.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
MARTIN BERGIN'S DOOM.
HE STILL. ASSERTS HIS MISUNDERSTANDING
INTERVIEW WITH HIS SON.

HE STILL. ASSERTS HIS NEUTRALITY-SUSPICIOUS.
INTERVIEW WITH HIS SON.
[BY TELEGRAPH TO THE HERALD
PorrsvILLE. Pa. Jan. l5 1879.
Messrs. Heblich and Fisher. counsel for Martin
Bergin. who is to suffer the death penalty tomorrow
for the murder of Patrick Burns. at Tuscarora. in
November. 1863 visited him this evening. and in
formed him that the last efforts during the past
week. of which he entirely ignorant had proved
unavsiling
NOT GUILTY.
He protested his innocence and reiterated his story
that. although he was in company with the muir
derers for q time during the day he was not
present at the time Of the murder nor did he
know Of the mission of his comrades. and
that IL was not until after the murder
that he knew Of their errand. and then
they threatened his life il he "squealed."
Moies and was discovered several gears afterward
in Canada. having remarked aud raised small fam
lily.
A FEARFUL MEETING.
His first wife and child called this evening at about
eight o'clock and were admitted to his cell. The
tempted to ask forgiveness for desertion of his first
allegiance, but the unnerved man unequal to the
task. Words cannot expressive scene.
NO EXPECTATION cLEMENcY.
Bergin has received some linking of the terrible
episode at Mauch Chunk on Tuesday and expressed
interest in the settlement of the hour at which
he would be expected to meet his doom, but upon
hearing that the last possible effort for reprieve had
resulted in failure he responded, well, il have
to die 1t is better to be soon, but am innocent OF
man is not guilty o. and feel sorry for my wives
and children; how they will feel.''
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
SUPPOSED INCENDIARISM.

Between one and two o'clock yesterday morning q
fire broke out in the and grocery store of William
Winchester. No. 90 Newark avenue, Jersey CITY, and
the flames quickly spread to the adjoining houses.
The Fire Department worked at the flames until four
O'Clock before they were subdued. The origin Of the
fire IL a mystery, but it In supposed to be the work
of incendiares. Winchester fixes his loss at
$1,000, on which he insurance OF SO, 800 in
the Royal and Relief companies. A. O. Lewis. a
photographer who occupied the door above. xcs his
loss at $500: uninsured. The building, which is
owned by Thomas H. Love- damaged $4,000
which is fully covered by insurance.
The adjoining building. No. 494. owned by Miss
Jane pelloth, was damaged to the extent of 81 800
Mis- Peloth also lost her household effects. She
had her building and property insured for $4,000
r. +. Fitzgibbon, liquor dealer. fixes his loss ut
$1,000 uninsured. Philip Morris. dealer in fancy
goods the building No. 9s. had his stock and fur
niture damaged to the extent of 500.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE WILTSE HOMICIDE.

In Part of the Court Of General Sessions yester-
day the trial OF Frank McKenna. indicted for the
murder of William Wiltse, was resumed.
Mary McKenna, mother Of the accused, testified
that she retiring the night of the 21st of
September she heard noise, and on looking out Of
her window saw her son lying on the street and
then she heard the pistol shot.
Mr. Howe here offered to prove that Wiltse shortly
before his death stated that he did not know who
shot him. Mr.. Rollins opposed the admission of
this testimony. but Judge Cowing finally admitted it.
John McCue testified that Wiltse did not charge
Frank with the homicide the time of the arrest.
Mary Fernan, fifteen years of age gave her testi-
mony very lucidly, and swore that Duvernay, wit
for the prosecution had said that Ike Wise had
shot his brother and that the ball was intended for
Frank McKenna.
William G. Roylance. the prisoners former en-
ployer; William Peters, Francis Dugan, John Court
ney Roger Monohan and host Of Others were called
to prove the good character of the accused.
Mr. Howe then called Frank McKenna, who denied
the shooting and gave his version Of the in
which the disturbance which led to Wiltse's death
occurred. 1t being very Late Mr. Rollins asked the
Judge to let the stand until this morning.
when the cross-examination Of McKenna will take
place.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
PRODUCE EXCHANGE.

Franklin Edison. President Of the Produce Ex-
change, has issued address to the members, In
which he states that the Board of Managers and tho
Advisory Committee. appointed to consider the mat
ter with them. have come to the conclusion that
their present rooms unsuitable and in.
adequate for the accommodation of all
the members and the facilities necessary 10
properly conduct its affairs; that rooms COM
Inodous, better ventilated and better adapted to all
purposes of necessity he provided and that the
present is q favorable time to purchase such roal
estate will be required tor that purpose. for
site ON which to erect building ut future time
On Tuesday next the members will be called upon
to cast their votes to the proprety of setting aside
portion OF the surplus fund Of the Exchange for
the erection Of q new building.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
RACKETS.
RETURN Ma

RETURN MATCH FOR THE CHAMPIONSHIP OF
AMERICA, BETWEEN JOHN MAHoN, OF NEW
YORK, AND HENRY BoAKEs, OF QUEBEC.
[By TELEGRAPH To THE HERALD
QUEBEC. Jan. 15. 1879
At the Quebec Racket Court to-day the return match
was played for the championship Of America. be-
tween John Mahon, marker of the New York Court
and by the way. old Qucbecker. and Henry Boakes
of this city, As oakes had beaten his antagonist In his
own court four games to one in match in New York
last December. IL conld hardly be expected that
Mahon would retrieve his laurels here. and the
result was, therefore. anticipated. Mahon
played well, but was overmatched. and only
succeeded In pulling of one game out OF
hve. The play, however, was most brilliant
throughout Boakcs volleys and half volleys
being especially noticeable. Mahon opened well In
the hrst game and when game was called he was o
TO Boakes' o. which looked AZ though he would push
the Qucbecker hard. Boakes put ON a squirt how.
ever, and making aces before Mahon could
score. out winner. The second game
Boakes won easily. Mahcn, playing with Rfest
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
JUSTICE PINCKNEY's TRIAL.

The first witness examined yesterday In the trial OF
Justice Walter s. Pinckney was Mr. Strong. who
said he had before His Honor In October. 1877.
which the Judge decided against him. When asked
whether the mind Of the Justice was clear on that
occasion he replied that he could not say that 1t was.
Q.aughter
James G. Slote. clerk 10 city marshal. testified
that the Judge had suffered from chills and fever;
know Michael Anuermann, formerly interpreter OF
the Court, and had been drunk with him on Third
avenues Angermann swore he had never been drunk
in his life.
MIR. Parker, lawyer. stated that he had seen Jus
tice pinckney under the influence Of liquor Ia CONF
pauy. -. i.
testimony was upimportant and the cnse WINS then
adjourned until three r. NJ. to-day.
lanes r. Davies the dispossess clerk OF the Seventh
Judcia District Court. was not at the investigation
Yesterday. An attachment has been issued sganst
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
CURLING AT CENTRAL PARK.

The annual match between the Csedonian and
New York Curling clubs took place yesterday at Gen.
trail Park and resulted in spirited game. Four
Kinks side competed, though the Caledonians were
compelled to play at the third rink with three men.
the fourth being unavoidably detained down town
on business. Mr.. Charles Mckenzie. of the Thistle
Club, acted as umpire. The prize was handsome
medal. Each side did its utmost to win. and the
ice was very keen good playing required extreme
delcacy in handling the curling stones and excellent
Judgment. The Caledonian boys won by Is shots.
and continued until Ave o'clock. The following is
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
CARNIVAL ON ICE.

The second grand masquerade and fancy dress car
niva of the the ice was held at the Capito-
line Lake. Brooklyn, yesterday afternoon and even
ing. The racing and other sports displayed at
the last carnival were dispensed With. owing to
the great demand for space for skating
purposes by the vast crowd who were
present. Far more characters assumed on this
occasion than at the previous one. Many
tunes to be There the
usual display of lords. knights, Turks. Greeks.
Germans, Irish, and number of italian
peasants. In the evening the scene was
exceedingly picturesque. the four 1arte calcium
lights making the lake almost light day. A
number of ladies' were in costume. The band played
lively airs. and everything went merry . mar
hell
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
INSANE FREAKS.

The Boston papers OF Monday announce that
Richard Smith. wealthy jeweller of Newark, n. j.,
attempted to drown himself while in Boston, Yes
terday Mr.. Smith was taken to his home in Newark
by his relatives who had gone on to Boston
for him. His mind is greatly Affected and
he will be placed In the asylum at
Morris Plains. few days ago Mr.. Smith peremp-
toriy demanded that bank IN Newark in which he
holds $lO0O0 worth Of stock should elect him dfrcc-
smith became angry; pubiished some incoherent
letters. stole away TO Boston, and attempted suicide
stated. His establishment was closed yesterday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16

pluck, succeeded in getting the third game. but
Boakes was too much for him, and won the set. The
fourth game was the best contested and was won by
Mahon with the aid OF some very telling high lob
service. This put Boakes ON his metile, and. play
ing with great brilancy he took the fifth game with
comparative ease. his opponent scoring aces only.
The match lasted one hour. and was witnessed by
large number OF spectators Total aces-Boakes.
"a; Mahon, A.
Mr. Motx of Quebec. was referee.
Umpires-Mr. Sanction, of the New York Club, and
Mr.. Stanley Smith. of Quebec.
The two champions will play an exhibition game
tomorrow.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
JENNIE MITCHELL'S WILL.

The will of Jane Magee. better known az Jennie
Mitchell. has been offered for probate In the surro-
gates Court It is dated April T. 1879 and 10 ~ fol-
lows:--
l., Jane Magee, residing at No. 24S West Twenty.
fifth street. in the city OF New York, under the Of
ME Mitchell do hereby make and publish this my last will
aud testament give bequeatb and degree all NY prop
erty real and personal OF every name and nature
mother, sarah D. Magee OF syracuse n. T. hereby Az
my last will hereby revoking all ormor Wills by made
The will was witnessed by John Hardy and Q. +
Brandt.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE WARWICK YACHT CLUB.

NEWPORT r. l., Jan. Is, 1879.
The Warwick (R. ~ Yacht Club have elected the
following named gentlemen officers for the ensuing
year.
Commodore-Andrew Robson.
Vice Commodpre-Fred p. Sands.
Rear Commodore-John X. II. Nightingale.
Secretary--Howard l.. Clark
Treasurer-W. @. Rhodes
Measurer-James n. Hart
Regatta. Committees. G. Blodgett. Jr., w. G..
koelker IL. G. Allan @. w. Chaplin, L. G. Larned and
W. G. Rhodes =
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
WINDSOR SKATING RINK.

At the Windsor Skating Rink last night . very
pretty se ds patnes was successfully carried out.
with smoky lamps aaring in the brcczk and throw
ing pickering and fantastic figures on the Ice with
graceful and awkward men and women boys and girls.
essaying the paeocrystc light fantastic and with
policemen trying TO be dignihed and slipping mp on
the same, the little skating pond full of interest
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
THE PRIZE RING.
PHILADELPHIA. Jan. Is. 1879

PHILADELPHIA JAN Is. 1879.
ton, Arthur Chambers, John King and John H.
Clark were arraigned the charge OF conspiring to
fight o prize fight. Several officers testified that
King and Clark were introduced. in company with
Chambers, to the audience of the Grand Central
Theatre, on January eth, as the participants in
prize tight which was to take place.
The defendants were held in $1,000 each for fur
thor hearing Wednesday next
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
POISONED BY OPIUM.

Dr. Blanvelt Of West Twelfth street, called at the
Coroners Office yesterday and reported the death OF
Mrs. Annie Dcvereux. twenty eight years OF age OF
No. "a Horatio street, from opium poisoning. He
said she was In feeble health and that the 11th
inst, when called In to attend her. he prescribed
solution Ut opium She misunderstood his instruc-
tons and took an overdose. which caused her death.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
COVE" BENNETT INDICTED.

Covert D. Bennett the supposed accomplice Of
Mrs. Jenny r. Smith. who has been indicted for the
murder of her husband. Police Officer Richard H.
Smith, in Jersey City: on August last has
been indicted for completely in the murder.
The news conveyed to him yesterday by
Sheriff Totfey, and Tailor Allen subsequently re-
moved Bennett from the witness room, where he
confined, to quarters in the main Jail.
Bennett it is expected will be arraigned the in
dictment to-day.
The trial of Mrs. Smith has been set down for the
iuaf
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16
SPARRING EXHIBITION.

Mike Gillespie, of Philadelphia. will be rendered
complimentary benefit at Hills Theatre this after
noon. The programme embraces a variety perform
ance, boxing bouts by amateurs and professionals,
wrestling aud club swinging.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16

SUMMARY
FLEETWOOD PARK-TRoTTING TO SIEIGHs-WEDNEs-
DAY. JAM 15 l879-Purse $50; mile heats. best three
in
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-16

who Is guilty OF this crime, regard the
woman az a mere ythng but rather az an intelli-
gent being and then to It that your sympathics
do not defeat the ends of justice. IT she Is equally
guilty with Bishop let there he double gallows and
guilty return verdict of guilty Of murder In the
first degree; let maudlin sympathy swerve you
from the line of duty which the law lays down
COLONEL Warts SPEECH.
At quartcrpas four o'clock Colonel Wait began for
the defence the closing argument of the After
brief Introductory remarks reviewing the prelinii-
nary proceedings against the accused which he char
acerzed partc he stated the principles OF law
that must obtain, aud asked the Court to charge
the jury accordingly. The Leading request was
that IL there was any reasonable doubt that
Cobbs death resulted from poison or that 1t resulted
from poison taken by Cobb as medicine, or admin
istercd by Bishop that there is the slightest doubt
whatever OF the guilt of the accused thcn there must
sketched q comparison Of the conduct of Bishop
and that of his client, he acting the part
OF potroon making confession after confession. and
Mrs. Cobb making denials, no confessions, and
asking no Withholding of public opinion. but await
ing patiently IN her prison coll. relying upon her
inward consciousness Of innocence. until the time
came when she could ,S 60 npon the wit Il,
her case and tell her story. This was
told in an earnest, straightforward way
and she endured terrible cross-examnation with
out ALTERING contradicing herself in single In
stance. Contrast this with the testimony of the
self-accuscd murderer, Bishop, admitting in all
solemnty that had lied ia his previous state
ments. Then can the story of this man be held Of
greater equal weight with the story OF Kate Cobb7
The speaker criticised sharply the testimony
of the experts. Professor Dorenus and others,
and noted strange discrepancy, B,snop had
beeu administered to Cobb In twenty-one days. this
allowed six grains per day. while the medical ex-
perts all agree that two grains are fatal dose
At this point the Court adjourned until tomorrow.
Colonel Wait will occupy two hours during the fore
noon and his argument will be Immediately followed
by the charge to the jury.