davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1879-04-01
United STATES SUPREME COURT.

WASHIYGTON, March 31.-ln the United States
Muq4S q CSsaS @ @ Ys S aSte 10 pstS e, rel Morris
Ranger Charles william Peterkn and JGme- wad
dick ag The CITY OF NcwOreaus-II error 70 t9e Cltcn
me case OF Charles Parsons argued uuary by D. H.
Chaw6crsin ami interest TO holders Of municipal
bonds IN city OF oreans haG issued ntr
Go9Ss IA d ia % rGOa m 81 % Ius y Ieo m, act Authorized
of the bonds but cogtsnei no express pSy9H i9r
fused u levy tax or otherwise provide for their ymen,
51s%s5 Tas OSH'G %ss n,Ss Se to lS United
Circuit Court for mlndamus 20 compel IN, me
SeSt Judge Billings ia The below held that as iere
NJ. Me Tes H 9ae W.T. oa appea 10 the saPrme Court
coDended thai the power " create de ciiee nS VIM
power wa, expressly conferred Tue supreme Court sgs
Snft rcpudiSts the idea thar epcroachment on ne
sis'' ssaao IN GP"T RTTsf Saoy G to create
atty gave authority ana mads 6 tog Gu: NUT egfotce
The decision alyanco Of but not IN conflict with ome
drrrpnaon of the United states Courts hold municipal
strict compliance Win Their conf o. lie
judgment directly involved is about sO9V&oV & P a
whole OF bonds similar conuIloh Is aoOul
600 Judgments reversed for reasons stated IN Opinion
writS In compliance with the petitions justice fle'u
TuHsiaS PSPT q bs eTTS g tas 52es for Or
Court is Grme Vita costs ana interest becison announeoi
By the Chiof justice no written opinion , 80, yir
No s6The Bank OF AmencA p.ntn i N srSr t Of the
United states the southern district OF AissSsNTb b de-
tad1uen Of the lower Court affirmed WITH ooSs n no
cIsIon by the Chiei Justice 'heie "S O
written opIuon. - -,- ,.,.,,o, MAIN
f In error agt John schmidt In error 20 thc
cut Court OF the United for tho southern
Inos The Judgment OF the lower Count Is aihrmeI ~
Ciydei court The announced by the Oho'N
tee. IheTo written opinion .,, ,o,.o.,x
NO I7-The ohio aud Mississippi Railroad Colhps,,'
RIH RSa In error Circuit Of United STATS FSs
Tor the District Of @sSoal tbe
was suit brought 10 recover nun aaD
Ohio and Mississippi Railroad Company as ~ Wsr
caIer. tho value los bales o. cotton, Tor rn' S -
San aiiona RAM of 81 LOUIS held the original pi oi
adlng as security for but which was dehNeeo ,n
uf Iha
cate b OF ladng other parties ipdsaent i W. CoHrt
c Court An favor of the bauk s affirmed Dy uNlueuN
nrcon announced by Chie Justice NO wrlttrn oH1
No IS7-Fhe Mobile and ONO Railroad ConI a1 ~ yesrs
in error agL tho state OF MississppL-ordefeu i'i
ment -u-. -, ,h. limited states.
No. 7Ol.-RObert Erwin. appelsnL as1 '"e NH''N
Motion 10 amend Judgment donleNl .. ,.u.o,a Com
No 33l-The Washington and Georgetown hNiHV-"N w.
New-York tribune., 1879-04-01
IN FAVOR OF CARDINAL McCLOsKEY.

The will of lgnatins NoeSsing, who died on
November lG. 1870 contested IN WESTMINSTER
County aud broken in 1870 the ground princi-
paly that the testator OF uDsOund mind when it
was made. On October Il, 1850, warranty deed OF
the real estate he owned MOrrauia conveyed 20
Cardinal McCloskey for nominal consideration OF ST.,
200 Asu begun in the supreme Courts peca Term,
before Jgds, Van Bgunt, by Henry +. VOessm- aud
other heirs against Cardinal MccosSey and others, 20
have the deed declared void and surrendered. Tho
grounds were that the instrument was not signed by
IgHatus FucSsng, but was forgery and that at tie
time il was made he rot of sound mind.
Judge Van Brunt handed down his decision yesterday,
granting dgment Tor the defendants. He SAYS that
there Is Insufficient evidence 10 establish tie CAIN that
the gnaturr unlike that OF NOos5ing. Forgery,
the Court holds, must bv very ceary proved
be advantage Of III sucn cases As 10 TIE ae-
CATION that Vopssugs mind Affected that he was
lncaDacitafed for the transaction ot ordinary business,
the Court holds tpat il Is established Ih' exist
Cuce of the decd" JuOSe Van Bruut concludes, " Is
shown to be cJnsOudnt with an intention Ge ibei3cy
formed Nr. NOcsSIuE, ana although II may De hed 10
be Il proof OF lnCOmpctency IN a customer tnat no
doesn't talk b. n, barber ali the time that he j. stdNhs
HIM yet am unable % dcduce such conclusion from
RuCh TACT
New-York tribune., 1879-04-01
MR.. TALMAGE ON TRIAL.
PROCEEDINGS OF THE SIXTH DAY.

PROCEEDINGS OF THE SIXTH DAY.
THF DEFENDANT PROTESTS AGAINST CERTAIN RE-
MARKS MADE BY DIR. VAN DYKE, AND A LONG
DEBATE ENsUEs-THE PROTEST FINALLY RE-
TURNED To MR.. TALMAGE's COUNSEL AS OUT
OF PLAcE-TEsTiMoNY BY HENRY DICKINSON.
The trial of Mr.. Talmage has not advanced
beyond the first specification, in reference to
his retirement from The Christian at Work
The only witness examined yesterday was
Henry Dickinson. Much time was occupied
in discussing q protest entered by Mr.. Tai
mage in reference to remarks made last week
by Dr. Van Dyke. Ii was returned to the
defendants counsel
HALF TIE SESSION SPENT IN DEBATE
The members of the court looked somewhat re-
fresbed after their two days rest although those
who had preached twice on Sunday showed some
signs of WEAKNESS. Tunis Bergen, lawyer sat
with the Prosecuting Committee, and occasionally
made suggestions to the counsel, while Dis
trct-Attorney Tenney occupied his usual seat
behind Mr.. Talmage and near DR.. Spear.
More than half of the session occupied IN the
discussion of a complaint entered by Mr.. Talmage,
which was drawn and read by DR.. Spear in refer
ence to Dr. Van Dykes statement on Thursday
last that if certain interviews with Mr.. 1almage
were not admitted in evidence,h would read them,
after asking Mr.. Talmage, when under oath,
whether or not they were genuine The protest
declared that the defendant complained of the re-
marks and appealed to the PreSbytery for protec-
tion. long and acrimonious debate ensued,
during which the only member of the court who
seemed Indifferent was Dr. Cuyler, who busted
himself with reading book on Palestine. DR.. Van
Dyke Indignantly denied that he had made
the statement attribdted to HIM in the
protest whereupon Or. Spear affirmed that those
were Dr.. Van Dykes very words and that he could
call 500 witnesses TO prove it. The reading of the
stenOgrapher's minutes showed that DrVan Dykes
statement was correct and the question then arose
as to the disposition of the paper. 1t was finally
decided 70 return il TO the defendants counsel as
out of place. DR.. Spear objected to this action, and
urged the Prcsbytery not so to dispose # paper
which was presented by man who was under an
accusation reaching to the centre of his moral beng
DR.. Spear admitted that be was tho aut ior Of the
protest, but Mr.. Ialmagc, during the ttUdtc al
dressed the PTesbytery for the first time Snce 1l-
dav of last week After 4 whispered consultation
with Dr. spear, he arose and said IN iru, decided
tones: 81 am asked whether that paper comes from
nv heart. II does"
The only witness examined was Henry DicSin-
son, VINO was the treasurer OF Tie CMIshoR al u OI6
Orthodox SOCIETY," ut Friends. and refused 10 take
the PRESBYTERIAN oath. Daring his testimony Mr..
Taimagc Took cOWous notes. In tue crOSs-cNamna-
tion MIR. Mlllard began question with 40 YOU
sweaT" " / don't swear, quickly N tTTuPtcd tht
Witness " / am no swcaTcr.' MI Dickinson It.
tanned his sclf-pps,cs~ion perfectly and questions
of the defendants counsel served to cmbaIrass OF
confuse llnl.
New-York tribune., 1879-04-01
THE COURTS.
ON TRIAL FOR MALPRACTICE.
FURTHER EVIDENCE AGAINST MRS. RURGep-.x
OUTLINE OF THE DFPFNCe


OUTLINE OF THE DEFENCE
The trial of Mrs. Bertha Burger for cousing
the death Of Cora Sammls continued Yesterday in
the Court OF General Sessions, before judge Cowiog
The courtroom was crowded, the space allotted 10,
women being also well filed During the day the prs.
wept several times, aud when Mr. Howe her com
sell In opening the defence, referred her uDortne
position, she cried bitterly.
DR." Whitehead who was under examination when
the Court adjourned Friday, recalled for cross
examination. The witness declined TO give list OF hi.
residences during the last ten years the ground that
1t might tend to degrade him When questioned o. 10
his medical knowledge, he said he held diploma from
Philadelphia university, that he had studied medicine
in that city Tor two years. and that before for two
years he had studied In England.
Assistant District-Attorney Bell objected to the line
OF examination the evidence brought out had moth
ing TO do with the Mr. Howe replied thar he de-
sired 70 show that the witness not expert med-
cal man. The DistrictAttOrncY admitted this ana Mr.
tnued. witness stated that CosgrOye agreed 10 pay
agreeing 20 90 to Madame Burgers he took legal advice
Inspector Murray testified the arrest OF the prisoner
Cora sanmis. He asked her " the prisoner was tho
who had operated upon her. and she replied she
thc woman crazy. At his Office at Police Head
quarters COsgrOve said he knew the prisoner and that
she tno person who performed the operation on
Miller testified 10 being present AZ tn
time the aute-mortem statement taken. Cora Sam
mis- was in exhausted condition but there was no dc
hrium. The identified the ante-mOrtem state
ment; II in his handwriting and he said There IL
where Cora Samms attempted to start the &C. OF her
name"
The statement which put IN evidence, told OF her
relations with Mrs Burger and Francis COsgroye. IL
charged Mrs Burger with performing criminal opera
Mr.. Miller made autopsy Of the body and
found that death resulted from the effects OF malprdc-
tice
The prosecution having rested Mr. Howe asked that
The jury he directed to acquit the prisoner Whle
denying that Madame Burger performed operation
upOB Cora Samms, there evidence 10 show that
It necessary 81 the lie of the The
indictment did not aver that the OferatOn unne-
cessary and therefore defective. judge COwng
said the point raised OF considerable I'M
pOrcance and bc.Ore ruling IL, he would
take time 10 look n authorities. lie would decide
IL before tGc was given 10 the lnrV.
Mr. Howe in HI opening stated that the defence
that Dr. whitehead had committed the crime, and that
knowing Defendant Kept dsOrderly house, ne had
caused Cora Stmms to be removed there. The defence
would also endeavor 70 prove that each word that fell
from Cora SammIs's lips had been taught 10 her by
Nhitelead.
Abert Wkcn then called TO prove several con-
versations which he had heard at diff rent tines but
most OF his evidence was ruled out as incompetent
New-York tribune., 1879-04-01

has been contrad cted fatty. Either they all lied OF
she did. and he believed that IL wae her.
without awaiting the completion OF his argument
the court adjourned unit! tomorrow morning
New-York tribune., 1879-04-01
NICE QUESTIONS UNDER TWO WILLS.

David Decker, a resident Of Staten Island,
left his death in 1870, Will by which the most OF
his estate equally divided among his fourteen chill
Gren One provision u the VII, IN regard to the build
ing No. l3 Anu-st, peculiar Until the death Of the
testators daughter, Emily Deyo until Ann-st was
widened by the municipal authorities the rents from
TINS building TO be equally divided among the
children When either OF these conditions were fulfilled
the properly he sold ana equally divided among
TIE children.
Mary Anderson, another daughter, recently died,
leaving will by which her share in TINS property was
divided among several leaees. Her executors claimed
that these legacISs were good, her interest having
vested in her bv the will Her brothers and sisters
ella med that Emily DcYO still living and Annst.
htd been wdened the death Of Mary Anderson oc-
CURED prior 10 the termination OF the lie osdie and
therefore, The bcgucsts Of her will were void. Noah
Seeck, tIe executor or David Decker, brought
the question before Judge Van Blunt, IN su
prcme Court, Special Term. Tie Judge IN
his decision, rendered Yesterday. says that
the question wholly upon the uten OF tue tesiaJr
repeated which he gives tie bulk o hi, property TO
my children who shall survive me- and the descendants
OF any my children shall have departed thi@ life
before me" The Court holds thar the " said children"
IN the clause in question refers 10 the same children
mcutOn above ana that it must be SD read a. 10 give
each child vested right, subj 'ct 10 Do Giyested Only
by death leaving The Judgment 1. therefore rem
dered in favor Of tue executors OF the Will VI Mary
Anderson.
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17
PARTISAN MEANNFSS.

We hear rumors to the effect thai
Chancellor II. C. Smith, of the First
Chancery Division, is to be impeach
ed by the present Legislature. The
movement originates with Dem
ocratic lawyers who reside within
the bounds of his Division. The
charge against him, the ostensible
objection, is incompetency. The
real objection, with those who are
trying to inaugurate the movement,
is his politics. He is Republican.
This is the head and front Of his Of
tense. Judge Smith is now serving
his third term as Chancellor. He
has been three times elected by the
people, the last time by 100 ma.
jority. His record as Chancellor
was before the people of his Divis-
ion, and they said 81 the ballot-box
hey were satisfied with it. lie was
chosen fairly and under the forms of
law. No one daTes TO charge
official corruption against him.
The universal verdict Of those
who Know him best is that he is an
honest man, and discharges his
official duties acceptabIy. But
he is a Republican, and was elected
to Office mainly by Republicans,
and therefore, in the opinion Of a
few Democrats of the First Chan
Gerry D.-.s.o7, ho or-.s 10 be i'm
peacL5t - ,:2 c-.1.s Of the
Iorrisaa c---..s, published in
his Division, BE :. sad, - opposes
anything of the kind. We have no
fears that it will be done. Even
this partisan Legislature dare not
attempt the outrage. If they
should, the people of that Chancery
Division, and of all East Tennessee,
wouid administer a rebukc which
Democratic partisans could not fail
81 understand and appreciate.
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17
rLENTY OF MATERIAL.

1t is too soon to make predic~
tions or to form very correct opin-
ion as to who Will be the Republi-
can nominee for the Presidency in
1880. 1t is pretty generally be-
lieved though that whoever he may
be his election is certain. The Re-
publican party has plenty of mater
IaI to choose from, and there is no
necessity whatever for choosing a
bad or weak standard-bearer, and it
will not be done. The fact can not
be concealed that General Grant is
now the strongest man spoken Of.
1t is not known that he desires the
nomination, nor that he would
accept were it rendered him, but he
enjoys the confidence of the Amer
lean people in an unusually large
degree. Aside from the debt of
gratitude for his brilliant services
during the late war, which makes
him especially popular with the ex>
soldier element,t there are elements in
his character which are looked upon
as essential in a Chief Magistrate in
these times. His name is ter
ror TO the bulldozers, White
Leaguers, and similar organizations.
His iirmness in dealing with them,
as well as upon other important
questions, 5 something admired BY
the people. lie Is sound Oh imam
cial questions, and has no sympathy
for Communism and kindred danger
Gus heresies. These are some cf
the characteristics which make him
popular as a Presidential candidate,
and were q nominating convention
to be held now, he would be the
man, unlezs he should positively re-
fuse.
But while General Grant is uni
versally popular, there are scores of
men in the Republican ranks who
would command the support of their
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17

his lecture before the Yale theological
students he other day, when he was
seen to pause and look for something.
"a Young gentlemen" he said, - find
myself 10 the position Of the preacher
who waa informed by 3 lady that
| thirdly had flown out of the window
4 part of his Ms. was missing, aud
while Pref. Fisher went away TO
search far II, the Bishop entertained
| his audience with haif-h7u!'s talk
on President Lincoln. Then the Ms.
sppfaTe,t, ana the lecture began
/ Tribune
Although Senator Sharon, of Neva-
da, has held his office nearly four years
and drawn almost So. GOO for pay and
mileage. he has been so little in his
seat that some CT his colleagues had
never seen him until his recent arrival
at Washington, and very few of tbs n
had made his acquaintance. He j.
ffty-eight years OLD, and is descrbs d
| as snort and thin, light. cOmplexiUued,
unprepossessipg in figure, and weigh
ing scarcely more than one hundred
pounds.
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17

party, and who could be elected
easily. In the State of New York,
we have Roscoe Conkling, Hamilton
Fish, and Vice President Wheel
er, either of whom would be &C
ceptable. In Maine, we have
James G. Blaine, the Henry Clay
of the Republican party. His
name would excite enthusiasm
everywhere. In Ohio we have John
Sherman, whose splendid admins
tration of the Treasury Department
has endeared him to the American
people. Then there is General
Garfield, whose reputation is ma
tional, and who enjoys the conf
dence of all. President Hayes has
said that lie would not be a candi-
date for reelection, and meant it.
His administration in many respects
is beyond criticism, and has
strengthened the Republican party.
Should he be selected again as the
standard-bearer of the party he
could not well decline. And Judge
Edmunds, of Vermont, would make
a capital President, as would L. 3.
Washburnc, Of Illinois.
But we need not enlarge. The
Republican party has plenty Of &
cellent material, and will put it to
good use when the time comes.
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17
NAETE sFES.

Twelve Greenback papers have died
in Iowa since the fall elections.
The River and HARDER bill TO be -
ported to the present Congress aPprs-
PIRATES S6,O00,000
Several ConEecticus paper are urg-
ing he election OF z, Z. Barnum to
the United States Senate.
The friends of ex- Senator JUo. 3
Henderson, of Missouri, sre pressing
him for the vacant Nilsson at Berlin.
The most prominent feature OF
George II. PendIeton's interview with
a Tribune sroudent is bis extreme
caution.
The Potter Investigation thus far
has been a boon TO the Republican
party, and an era of prosperity for the
louisiana liars Of the red headed Jim
Anderson stripe.
TIE naughty Washington core
s90ndent OF the Courier Journal calls
Senator Eimunds IAN arch SCI ener."
He is not popular with Dem &c ii ic
poliii ians.
The WashiDton correspondent e
the Cincinnati Eaquircr (Dem.) te'e~
graphs: "There is growing feeling
heTe, too, that Thurmsn IL doip.. i
little too much thinning"
Montgomery Blair, the al. .q1alr d
specimen Of Gefuuct Democracy, is
strong for TIiden, and believes he is
the only man who can succeed in 1880
against the Republican nominee.
The Women SuG'ragisls called on
President Hayes the other day. He
listened 20 all they had to say, told
them 20 pat in it writiu-, ami tien
turned them over 10 Mf9. hag to.
Senator Burns de of Rhode Island
now gives more entertainments than
any other Senator. and has removed
from his hat the Grape that he has
worn since his Y ife's death about Two
years agn.
Ihe OHIO Greer hackers have q c., .
ed 10 take steps for more tnorouc ~
organizing their parry for The next
campaign, aud 20 hoid q State Conveo-
ton ia Columbus on The first WeIjna..
day ia next June.
Il is said that President Have, IL
thinkingof giving General Lonas;reet
the ex- Confederate, the position OF
Marshal of Georgia in place of Fl.s.
81 % MONS whom Senator Gordon Ie-
commended for the place.
Bishop Simpson was about to begin
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17

THE editor Of the Maryville In
der has level head on the subject
of the State debt, as we'll as upon
other important questions. Speak
ing of the lodging policy Of the
present Legislature, he says:
"This co wardiy Sinking Of resp on
sibility under the pretended gujse of
Difference TO the popular will, Is the
ezpedient Of mea who fear tu risk
their popularity by an honest and
manly discharge of duty, and Is one of
the worst features of these degenerate
times. Do those men imagiIe that
their professions in favor Of an 'Cq1.-
table adjustment OF the = ale d 81,
and their palaVer about an "i.1. S1ra-
ished people will conceal from i g :.
corning world the real charac. p" q g.!
such suh'erfuges? Poverty? Our
whisky bills aggregate annually q SUN
greater than our state debf. "A eOers
getic, enteTrrising people can pay oar
State debt without feeling it huIden.
"Our State dat Is now SPA 600 600.
The creditors offer 20 Teigce it to fnur-
teen or fifteen millions, say Sit 600
600 France, with y population NOT
thirty times ihsi % on = =, recently
paid dsbt more thtn seventy times
az great s. our > zfa Geb. IT, one asa =
ha!f years, AID this amid The GtsCla.
tons uf w4r; that j., sic paid 81 in
DENIM 10 Germany a. .l,p30 900 GU0,
ia one and Hsif Year.. lna natural
resources o. Truuetsee are much
greater than oue g erth those #
France"
Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-17
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