davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
COURT OF APPEALS.

ALBANY, Jan. 10, 1878.
In the Court of Appeals. Thursday, January 16,
1870, present, Hon. Sanford f. Church. Chief Justice,
aud associates, the following business was trans
acted
No. %. Theresa Hoffman, respondent, vs.. William
G. Conner sheriff, &C., appellantAryued by Robert
s. Green for appellant and H. L. Wild for respondent
No. ~. Frank Il. Popter and another, appellants,
w. Greotlrman W. Cornell, assignee. respondent
Argued by h. Billiard for appellant and f. l.. Furs-
man for respondent.
No. %. Aaron v. .. Degraf, appellant vs.. The New
York Central and Hudson River Railroad Company
respondents Argued by Scott Lord for appellant
submitted for respondents.
No. lG. Charles H. Durant, administrator. &c,
spondcnt, Charles W. Durant and others, appel
lants.-Argued by Carlisle Norwood, Jr., for appel
lants; submitted for respondent
CALENDAR.
The following is the day calendar for Friday Janu-
airy II, 1579:-Nos 49, 80, AZ, AZ, AZ, &c. 81 and 81
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
COURT CALENDARS-THIS DAY.

SUPREME COURT -CHAMDERs-Held by Judge Bar
rettNos 80 81 81 80 l07, 12s. l47 1s4, 1913, 1885, 1885,
SUPREME CoUnr-GENERAL TERM-Heh by PRESIDE
ing Judge Davis and Judges Brady and Ingalls.-Nos
49, So 1872 153 lis. 1l6 H. ISL 165. 1922. 17a. 1906
III.
SUPREME CouRr-spEcrAL TEnM-Hed by Judge
Lawrence-Law and fact.-Nos. $685. 56I 792. 779, 793
Sl5 1884, S17 753 800 1885, 1884, 1885, $685. 1877 r. 4O2 72
726, 696, 6l3 "a. 1872, FOG, 7S2.
SUPREME CoURT-CmcUIr-Par Held by Judge
Donohue-Short causes-Nos. 4175 44lO, Adj, 4O30,
4l64 1897 4l56, $685. 1927. 44S1 1709 4443. Part =
Held by Judge Potter.-Case on No. 241l. Kittredge
vs. Brown ct al; no day calendar. Part 3-Held by
Judge Landon.-Short causes-Nos. 41SS, 3037, 4l9S,
4i99, 1874 3979 303 4132 $685. 3913 1904, 1920 449
1861, 3746,
SUPERIOR Counr-GENEnAL TERM-Adjourned sine
die.
SUPERIOR CouRr-srEc1AL TEnM-Held by Judge
Sedgwick.-Nos 80, 20, "a, Ga, "a, 35, 81, 80, Al.
SUPERIOR CoURT-TRIAL TERM-Part Held by
Judge Freedman.-Short causes-Nos sSS. 935. 964.
952 $685. $685. s7s 95o s2s $685. ST. 1000 1885, 7Os Part
COMMON PLEAs-GENERAL TERM-Held by Chief
Justice G. p. Daily and Judges Van Brunt and
Larremore.-Nos. 49, 1902, 5s. TO-.
COMMON PLEAs--sPEcIAL TEIM-Held by Judge J..
+. Day-No day calendar.
COMMON pLEAs-EouITY TEnM-Adjourned for the
term.
COMMON PLEAs-Tn1AI TERM-Part Held by Judge
Van Hoesen-Nos. s26 s27 4l2 AIS. 7O4 S02 sO 1922.
1246 49, S3. S2O $780, SOL 791 Part 2-Adjourned for
the Term.
MARINE CoURT-TRIAL TERM-Part Held by Chief
$751; 5572 572i 5S7s 5eis. 572s $751; s7l4 5sos 1885,
$500, 567l. Part 2-Held by Judge Snnott.-Short
causesNos 1903. 554s, $685. SOFA. 571s. 5619 SOFT,
$685. $685. sos, 548S 5511, $780, $685. SOL. Part s.
Held by Judge Goepp.-Short causes-Nos 1852, 524s,
501 1903 556. 56 5547 $3.50. $780, 567, 56l6. 5234,
5777 5772, 563l, 5657.
CouRT OF GENERAL SEssroNs-Part Held by Judge
Gildcrsleeve.-Thc People Patrick McCann burg
larry; Same John Raushert, rape; Same vs..
John Mclaughlin, grand larceny ;,Same vs. Thomas
Farley, forgery; Same Francis Smith, William II.
Vincent and Emma Whitney. larceny from the per-
son: Same vs. Patrick Connolly. robbery; Same VS..
Charlas H. Hand. false pretences: Same Julius ID.
and Il. Kna and Karl Klein, violation of the Excise
laws Same vs.. Jenny Bertha and Jacob f. Hass vio-
lation of the Excise laws; Same vs.. Lilly Meyer and
Henry Gunther violation of the Excise laws; Same
W.. Fanny King and Jane Hymard, violation of the
Excise laws Same Mary Miller. violation OF the
Excise laws; Same vs.. Emma Williamson and
John Perry, violation oil the Excise laws.
Part 2-Heid by Judge Cowing.-The People VS..
James McGowan. robbery: Same vs.. Joseph Powla,
felonious assault and battery; Same w. John Ben
son. burglary; Same VS. Joseph Benson, burglary;
Same W.. John Jones, William ii. Walsh and Frank
Clifford. burglary; Same Patrick Hickey and
James Martin, larceny from the person; Same VS..
Peter DAILY, larceny from the person; Same VS..
Thomas Doyle. petit larceny
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
SUMMARY OF LAW CASES.

Another application was yesterday made before
Judge j. II. Daily. by Mr.. Allison behalf OF Michael
II. eastman for mandamus against the Commits
sioncr Of Public Works to remove Fernando Wood $
house and barn at 3eventy-scventh street and Flew
epth avenue The motion was opposed by Mr.. Dean.
who appeared for the Corporation, and the argument
il not yet concluded.
Mr. charles W. Brooke. counsel for Abraham Perl
stein Jointly indicted with Charles Bernstein, Abra
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17

S. IL a. rs. co. 92 96s, &c. o. There win be only
fifteen causes on the day calendar hereafter.
UNITED STATES SUPREME COURT.
FROM SUIT TO ENFORCE THE SINKING FUND
LAW.
WASHINGTON. D. c., Jan. 16. 1879.
The following among the proceedings in the
United States Supreme Court to-day
No 972. The Central Pacific Railroad Company.
appellant vs. Albert Galatin--Appeal from the Cir
cult Court of the United States for the District of
against the Central Pacific Railroad Company
and its Board of Directors. by one of its
forcing compliance with the requirements of an
act, amendatory of the Pacific Railroad acts passed
May z. 1878. and generally known as the Thurman
Act" The principal object OF that act was
to the interest OF the United States
in the Union Pacific and Central Pacific
railroads by restraining those companies from
shape OF dividends earnings which the govern
meht maintained should be reserved to meet
their maturing liabilities, including the
subsidy and first mortgage bonds. The act
provided that the Central Pacific Company should
into a sinking fund in the Treasury of the United
States. to be there held with interest, ac-
its bonded Indebtedness. The bill OF complaint Of
the present suit declared that the company
had entirely disregarded the aforesaid act.
the directors from paying dividends and to
enforce compliance with the laws. To this bill
the railroad company demurred on the ground that
the act in question unconstitutional and that
impaired the obligation of contracts The de-
mrrrer was overrued. and the railroad company
declining answer, final decree was entered against
it, from which an appeal is taken to this Court. The
decision here will turn upon the constitutonality or
unconsttutionality of the Thurman act. of May 7,
1878, and will involve important and far-reaching
consequences.
MOTION TO DISMISS.
In the meantime the Attorney General has fled
motion to dismiss the appeal on the ground that he
is informed and believes that it arises out of sham
suit brought by collision between the parties and by
procurement Of the appellants with view to an
ticpate similar legal proceedings known to
be contemplated by the government and to
obtain decision of this Court upon a
state of facts and pleadings more favorable
to the company than those which will appear when
the government is ready to present it's case. If the
appeal be not dismissed the Attorney General asks
that he may be heard orally thereupon behalf Of
the government, which is the companys only real
opponent. The was submitted to-day upon the
printed briefs by S. W. Sanderson for appellants and
George H. Williams for appellees, and will be con-
sidercd by the Court in connection with the Attorney
Generals motion to dismiss.
No. 500. Chester A. Arthur, Collector, &C., plain
tiff in error Albert w Eihenmeyer ct al.-On mo-
ton of Assistant Attorney General Smith, for plain
tiff in error, dismissed with costs.
Adjourned until tomorrow at twelve o'clock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
SADLY. DISCOURAGED sU1TOR.

Harmon 7. Campbell, carman, alleges that in the
month of November, 1877 while pursuing his peace
full way through Water street he was kicked in the
leg by bay mare belonging to James L. Jarvis. AT
the time of this alleged assault the bay
bridlod and eating her meal and as she had on
no previous occasion shown to her owner any evil
dence of vciousness, it was supposed that she had
mistaken the motives of Campbes approach and
merely struck out in defence Of her feed The injury
thus sustained, Campbell alleged, developed some
months subsequently into serious lameness, which
compelled him to first 60 for treatment to the
Presbyterian Hospital and subsequently to st.
vincent's For the alleged injuries thus sustained
he brought suit in the Marine Court against
Mr. Jarvis claiming damages to the extent of $4,000
On the trial of the cause before Judge Sinnot and
jury yesterday, the foregoing statements were pre-
scented substantially the plaintiffs side Of the
On the part of the defendant evidence was
duced to the effect that he had owned the mare two
years; that she to him with good character
for peace and quieness, and was not known to have
any vice. The first known of this alleged kicking
was when plaintiff came into defendants store and
told him so, but did not at the time complain of
being much hurt or claim any responsibility on the
part of the defendant. Some months later defendant
found plaintiff in hospital, but 1t was then
of rheumatism. and not of the hurt. he
complained. Still later he was seen to pass defend
ants store crutches, and was followed by de-
PENDANTS son. who saw him get on street car in
motion without the aid of his crutches. Several
physicians of youthful appearance from the Presby
terrain Hospital were called. and testified that when
plaintiff first into the institution they could
not discover anything the matter with him, but
thought If anything the matter it would develop
itself. They kept him. therefore, giving HIM harm
less medicines until they found he improving
so rapidly on it that they concluded he ''sham-
ming" and discharged him. The plaintiff put
on the stand, and contradicted the theory of the
medical gentlemen absolutely. insisting that he
in excrucatng pain at the time they claimed there
was nothing the matter with him. AS to the
crutch scene he alleged that the almost
stationary when he got on, and all he did
10 change crutch TO the other hand, while with
the disengaged hand he grasped the car AZ to
sst him self on board. The testimony being all in
Judge Snnott said he had failed seq in the any
evidence tending to fix the amount of damages which
the plaintiff had sustained. He charged the jury,
therefore if they found the defendant to be neg
ligent in leaving the animal as she the side
walk they could find for the plaintiff, but in the alb
scnce Of evidence to the amount of his damages
they could not exceed six cents With that verdict
the case ended the evident disgust Of the plaintiff,
but proportionately to the satisfaction of the de-
PENDANT
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
county the first Tuesday in March. and designated
Judge Haight to hold it.
GENERAL TERM CALENDAR.

UTICA, M Il, jan. 10, I6IJ.
The General Term calendar for Friday, january
IT. is as follows Los. As, 81, Ga, o. o. 3d. 3d. 49,
S. H. r. 76 90 o. 96ts 80. o. There will be only
fifteen causes the day calendar hereafter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17

Edison has discovered some new substance which
emits greater phosphorescencey
1T is not impossible" was the reply, "but 1t ID
not at all likely. This chlorophane IS universally
substance known. and You have seen enough to
judge whether that could be used in connection with
the ncandescent platinum. Speaking OF platinum
remember that that given me by Mr. Colt did not
nave nice. surface. but was assured
in every possible direction. 1t evidently
would not bear rolling. think that because it
contained iridium. Ifound that platinum when used
IN this way for incandcscence becanegay on the sur
face lost its polish and became so brittle that 1t
would break with the touch Now that is very i'm
portant fact from practical point of view, for If
these strips wear out so quickly and it becomes
necessary to change them every little while it would
make the light very costly"
Here'Professor Draper concluded his remarks. and
the reporter after thanking him for his kindness,
took his leave
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17
INSURANCE AGENTS AUTHORITY.

case of much importance involving the re-
sponsiblity of insurance agents came up yesterday
in the United States Circuit Court, before Judge
Shipman and a jury, having been transferred from
the State courts. where it originally begun. The
action is that of Ellen o'Reilly against the Guardian
Mutual Life Insurance Company, of New York. 1t
is claimed that in 1870 the company agent to
Providence, Il. l., and that Michael o'Rely and
Ellen o'Deily were induced to takc joint policy of
able to the survivor. To their objections
that they did not want to insure in q
New York company, it is alleged, that an
agreement made by the agent that he would
call for the premiums and all that was necessary for
them to have the money ready for him when
due He did call, IL 10 claimed, and received three
premiums, but in the fall of 1871 the company dis
continued their agency, and the 7th of January,
1872, when the premium came DUE no one called to
collect H. and the O'Reillys not knowing of the
agents discharge, kept the money ready, daily
pcctng him send or call for 1t. Michael O'Hei1ly
died May H. 1872. and Mrs. Reilly sent notice TO
the company informing them OF her husbands
DEATH The company admitted the receipt of this
notice. but took notice of IT, They failed to inquire
for proof of death and declined to pay the policy.
assigning no reason for this course. Mrs. OReilly
commenced an action against the company on the
policy IN the supreme Court, and in November 1873
o jury rendered verdict in her favor for the full
amount claimed. The Judgment affirmed by the
General Term but in the Court Of Appeals the
was sent back for trial on the technical point
raised that legal proof OF death not furnished
before the action brought. A second action was
brought in the State Court, and, when ready for trial.
Il was removed to the United States Circuit Court,
on the ground raised by tho DEFENDANTS that the
plaintiff was resident of foreign state. In the
trial yesterday the defence raised that the
pany never authorized its agent TO make premiums
payable AZ Providence instead of New York and that
the previous trial and oath OF the plaintiff as TO the
death OF Michael OReilly not proof of death.
Miller, Peake Opdykc appeared for the company.
which is now In the hands OF receiver. and b. Il.
Valentine for the plaintiff Judge Shipman will
charge the jury this morning.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29

ing disgrace Sherman reasons as Casa
nave does, that the men who gained
by the fraud, and whose good name was
saved, for the time at least, by their ac-
quitta, should pay the bills, and that, above
all, the debt should not fall upon the only
member Of the Returning Board, as we
pointed out the other day, who has never ap-
piled for Office and so far as the public
knows has had no compensation for his
services. He goes to an extreme, however,
when he says, with n tincturc of his illust-
rious brothers profanity, that it lisa BANKED
cowardly piece of business for the Rcpub-
licans to be afraid to help Casanave. There
are many Republicans who never countcn-
anced the Louisiana frauds and who have
always declined to believe what Mr.. Sher-
man knows to be true Of the services Of
Wells, Anderson, Casanayc and Kenner II
the Secretary had substituted the admins
tration for the Republicans and left out
the proiane word, it would be concise
statement of the popular opinion"
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29
OFFICIAL PAPER OF ALEXANDER COUNTY.

DEMOCRACY is a sentiment not TO be appalled,,
corrupted or compromised. II knows no baseness,
covers 10 no danger, oppresses no weakness. Fear
less generous and humane it rebukes the arrogant,
cherishes honor, and sympathiscs with the humble.
II asks nothing but what it comedies; it comedies
nothing but what it demands, Destructive only Of
despotism it il the sole conservative Of liberty, Ia
Dor and property, 1t is the sentiment Of freedom
OF equal obligations II is the law of nature per
vadipg the law of the land. The stupid the sell
fish, the base in spirit may denounce it as vulgar
thing; but in the history Of our race the Demo
cratic principle has developed and illustrated the
highest moral and intellectual attributes Of our
nature. Yes, this is a noble, magnanimoUs a sub.
lime sentiment which expands our affections, en-
larges the circle of our sympathies and cevates the
soul Of man until, claiming an equality with The
best, he rejects az unworthy Of his dignity any po'
ltical immunites over the humblest Of his fellows.
Yes, il is an ennoblng principle and may that
spirit which animated our fathers In the Revolution.
airy contest for it's establishment continue TO ami.
mate US, their sons in the impending struggle for
its preservation" WILLIAM ALLEN.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29

We ARE sorely vexed with mosquitoes
ourselves, but have occasion to rejoice that
we are not in Maryland. The mosquitoes
there are BAD-the papers confess it. A
few days ago, near Billy o. Neck, a boy by
the name Of Tommy Stewart, was sent into
the field to keep up fire to drive away
the mosquitoes from the cattle Millions
of the insects attacked the boy and literally
bit him to death. They also attacked the
cattle and inflicted such pain upon them
that they rushed into the river and many
of them were drowned The reader will
more fully comprehend the situation, per-
haps, when we remark, in the language Of
the Baltimore American; "The mosquitoes
are, if such thing can be, more numerous
and vicious than they were last year"
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29
LONDON LETTER.
ENGLISH CROP PROSPECTS.

ENGLISH CROP PROSPECTS.
Regular Correspondence of the Cairo Bulletin.
LONDON, Aug. 10th, 1870
Agricultural prospects vary according to
the point of view. Not that any district in
England is enjoying a cheerful outlook, but
only that the gloom and Encouragement
differ in intensity according to the charac.
ter of the husbandry pursued. In gener-
al way it may be said that the pastoral dis
tric's present more promising aspect than
the regions mainly devoted to corn farm
ing. The simmer grazing Of cattle and of
iatting sheep would be fairly prosperous,
owing to the abundance Of grass and the
comparative quiescencc Of contagious dis.
ease if the watery and abnormaly forced
heritage had more "prooi' in il, and if rea.
SonabIc prices had been obtainable for the
light clips winch have not enabled the
farmer to draw a handsome
share OF his years proceeds
in the shape of the wool-buyers chcQuc.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29

Richmond (Va.,) Dispatch; Saturday
evening about s o'clock a curious and beau.
tiful phenomenon was visible in the eastern
sky. The planet Jupiter had risen few
degrees, vailed by Il TIM layer of clouds
His light, retracted through the watery ne
dunn, was a reddish hue, and the planet
was magnihed to many times its usual ap-
parent SIZE. Down below the central point
of light there appeared in the clouds y
shimmcring light, which was a true refec.
ton upon the cloud-surface. 1t was as if
the heavenly body had been light on the
surface Of sheet Of water which reflected
its rays. The Shimmery reflection extended
downward toward the horizon over a space
of some two or three degrees This strange
sight lasted only about fifteen minutes,
when the movement Of the clouds hid both
the planet and its reflection.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29
SALE.

WHEREAS, william " Thornton and Martha
VI Thornton, by their certain Trust Deed dated
May Tie 2j'h, A D. 1901 and recorded IN the Record.
en- o.hce IN Alexander County, ~ Book ~. 90 Page
81 and did convey to the Uldcrig LCd o. Trustee
the premises hereinafter described 30 secure the
payment of seven pYom!sOgy notes for the sum OF
one thousand luUD dollars each and payabe r..
spccyc!y IN four a. i've (5l six Ci seven e. eight
= lille SD Gad ten lOl years from date. with inter.
t'l al the rate OF ten per cent per anugm, payable
s"mIannua..y from date ana whereas live 81 Of ,gid
notes are now due and unpaid with lntc.cs. on
same from the 18th OF May \. D lsii 10 his date
And whereas the legal holder OF said notes has
called upon The undersigned TO sell he premises
Hereinafter described 70 sausiy sa!d notes and inter
est.
Now therefore In pursuance OF the terms Of
said Deed o.! Trust the undersigned will,
ONTHURSDAYTHE 9TH DAY OF SEPTEMBER.
\. d. 1919.
between The hours Of ten 90 o'clock A NJ, and ;
o'clock ?. VI. Of said day, on the premises herein.
Ntgr described in the city OF Cairo, HIS, proceed
10 lei. %; pubic ycnduc 10 the hghcs, bidder for
cash, the following described Real Estate, to.wli:
Lots number nine tgtcn Cl0l eleven 40 twelve l2l
AID thirteen N3l IN block number sixteen GCJ IN
TIE hrs, addition 20 the city Of Cairo. Illinois as
plated by the Trustees Of Cairo City Property.
situated in the Comfy of Alexander, Illinois, and
al he rights and equity Of redemption OF the said
William W, Thornton ard Martha VI Thornton his
wife, their herr. executors, administrators and az.
''INE therein 20 satisfy said trust and all costs and
expenses OF executing The same
b + MARSHALL, Trustee,
Sprn-'ed rs July 9TH. 1919
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1879-08-29

THE San Francisco Chronicle estimates
the vote which will be cast next week in
California at $4,000, of which Glenn
(Dem.) will receive 10000 Perkins (Rep)
$4,000 and White (Keaneyite) $4,000.
The Perkins ticket being nursed by the
Central Pacific railroad ring, with all their
money and machinery at work for it, there
is not much certainty about Glenn's
plurality.