davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
Published every Saturday by
VI. De Puy 4 Co.
At 80. -, Broad ~, cor -outh -.
. DEAriL or COLLISION.

Elrc Commissioner s Rowland Robbins. chairman
~ the committee on apparatus and telegraph OF
the hoard I'm reply to charge that the telegraph
system OF the Fire Department has been USED by
n private firm In collision with the flre 'ommiS-
soncrs has issued "A long letter controVcrt'ns the
alteration In his letter the commissioner quotes
Section OF Chapter az Of the statutes or N'l'
which prcscrlbes that the proprictors OF factories
hotels tneatrcs and other places where large num-
hers OF persons congreEatc shall provide su'h
means for communicating alarms Of nrc as the
police and fire departments may require hder
this statute he says permission has been granted
10 several firms to avail themselves OF the tele-
graph system OF the Fire Department for the trans
mission Of alarms OF fire socly In the interests OF
the public but that the Fire Commissioners. ihdi-
yidually or collectively. have been IN coUuslon
with any one go using the telegraph system OF the
department he cmphaticAlly denies.
Superintendent Smith. OF the fire Department
Telagraph. absent when a tribune reporter
called al Fire Headquarters. IN Fest S1ty seventh
st We ,tordny. but his deputy speaking Tor hlnl,
said: ''rhc custom Of allowing private persons or
corporations to tho Fire Departments t'le-
graph system for sending In alarms OF hre va"
begun twenty-three years ago ana TINS IL th'
first complaint that has been made against H.
SUPERINTENDENT Smith denies all charges OF col
hisIon As matter OF fact no private company
which has utilized the telegraph system OF this
department has made any money.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
corpr CALENDARS FOR TODAY.

cu,roms court-GeneraI Term-Before Van Bruni. 2
j. FolIett and Parker JJ-Nos' o' 90 ~ o. ~ w.
a. su Ii No. g; IT, c'ssamter.Beors PaeIon Ja
opens sas at ioso a. E ' TermPsr BEFORE Barrett
"upa~ ard fact: Nos 2i9o .Soi. 2iG6. 49,. 1879 90
i6,7 ii55, ii2 e4es 1914. c4O 2"i' 2"-' ai' 1854
supreme Special Term-sr, ine'ore A"''nc
sunrems court~special Tcrm-Par, III Before Slower.
' cIeni co 10 DE- "Iefors Williams he
sent from III TO- Trial csse unfinished ,,a ,.,r
circuit co%r.Par slore, , neaeh J- 5s ls
ssI 3as igo is a. ss i,I 30 90 $50 e c.s:
to circuit r sI' comrtUPa Iv-Before Andrews causss b
SUPERIOR Gourt-special Term-Before Dugro. J-NA
sape r CouTi"G@nerai Adjourned r The term
superior Court-Trial Term-Par,s and ll-Adiourned
IS superior courtTral Tc1mPart I,ct2re sssswt
{. Case on No. ~. murphy vs. Ne"-i''N h'''A'N
Ns sarrosa;e 1nsernefo5e A5nos sc 70
49, vii OF Thomas Keane. q, p n "n ,.,., " n pro
bate: Margarsi f. Carro, Ern h ha2e. AS sch.ss
Rosa Toch Ella Berdan. Frederick BaS.r az w a ~
Margaret o NELL. Charles H. Bosher. kan'i NeD"aa'|
Hs snr psatSs cou n reruefo r, RAID sSa
Common Pleas-specIai Term-Before Bisehon. r.. J.
Nos 'l j. t. i. is. IS r. $. o. 80. 20 81 . ca"
Common Pea.-Tral TermPart Iief9rc des s, h..
Nos. li9s ~, i;o4 lisg -; , 3' I 10 10 ia
ai,s. s25s. 2is7 2i0 TX ga lsic, ~. ilA
1855 Cas-. unfinished. =, r.
common Pieas-Tria Term-Part II -f"fore Day' - =
CAUSES to be sent from Part for 'raA case uhAs
common Pleas-Tral Term-part III-Adjourned uHe
MONDAY December H. -. M, n.
CITY court-Special Term-Before Van "ycS' NO
1p,y Tri,l T.rm-par, I-r}efore CONAN. VA
IsiG isi7 Gii Sls 7c5 6i3. Iss. si'. 400 No. M
333. Case unfinished =, 49,, ,-.,r,,,-ge- I :
civ court-Tria Term-part IIiiefoge NewniFs - e,
Nos 100 1875 40 - logs ITO ~, ,-a ~ oA
c cqur-Tria Term.PsT. Iiisto'e cs sA''''''
GU Trial Terrn-Part IN-Before Ehriich C. q.
short causes: Ncs. 2ss2. 2i9i Equity case. NJ .~
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
nrvyrD r0R utyOR-ELECT Strong

Members of the New York drygoods trade nave
invited Mayor-elect william L. Strong to meet theh
AT a dlnLrr to be given to-mOrro" evening
AT Demonico's for the purpose OF mutual con-
rotulations-congra tuatiOns to the head oi mo 10
cal ticket the longtime associate or his entertain
ers and no less 10 the business men OF the IohS-
sufferlng but now redeemed city. The details OF
the dinner are in charge Of a committee CONSISTING
of Woodbury. Iangdon, chairman; Lowell Lincoln
and A d. Juilllarl. II IL proposed TO make this
dinner one OF the most notable Affairs ever gwen
by the merchants Of this city. Special Invitations
have been accepted by Joseph II. Choate. chauncey
NJ Depcw the Rev. Or. Charles IL. ParkhurSt OK
Mayor Abram S Hewitt. General Horace Porter
Ellhu Root. Samuel u. Babcock. Charles D. smith,
william H. Hornblower. j. Pierpont Morgan and
Joseph I.arocque. Maior-Gcneral Nelson a Mllss
Rear-Admral Il. W. Meade the COMMANDER
OF the North Atlantic Squadron, ana Connnouolc
Montgomery Sicard. the commandnn' OF the prooN
yn Navy Yard. . ~ III, $3.50
il Is expected that Cornelius \. Bliss WIN pre-
side at the dinner. 81 e. -. Borden, Woodbufy
Langdon a. -. Juiard and Charles r. NeDb VII
occupy seats OF honor at other tables, Speeches.
Will be made by nsariy all OF the INVITED Ute guests r
mentioned: also by Mr.. BLISS and John Claflin Inc
go drygoods merchants who VIII be present incluic
most OF the representative pan IN the business IN
this city.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
NOR SATOLLT GOES BACh ~

no,s,ypor Satolli went back to "as '.,.a.
,.os,a,oy and Father Ducey continued MS s,,nv
9ncs At the session OF the Senate inve'u Thing
Committee. At the Archbshop's nous s,s IN the
would be given out about any developments
Ducey-Corrigan controversy. @, Francis
The Papai Delegate did not leave os Mon
xav,er's College from the time ne re'u return he set
day evening from the Cathedral fan washuston
out on his return trip YESTERDAY ~, ohio Rail-
by the S .san mas. in the church
ao and then received visitors until the '' nsrrsse
to start 1880 When he Of ST. Francis xss
rathsr MSrpn Was 'H With him wa, ms pon.
tary. the Rsy ov hsc!Sr ch rap,h washington
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
SUING THE ELEVATED ROADS.

Judge Gegerlch and a jury, in the Court OF Com
mon Pleas, yesterday had before them suit
brought by Mrs. Sarah Frankfort against the Man
haitian Elevated Railroad In which she seeks 10 re-
cover $1,000 damages. The plaintiff alleges that on
October g. 1891 while she was attempting TO board
an elevated train at Fifty -ninthst and Ninth.aver
the servants OF the company negiigently and IN
knocked down ard dragged many feet, sustaining
serious injuries Of the head and spine
Mrs Frankfort testified as to the nature o! her
Injuries and said that the guard shut the gate with
such force that she was pushed outside. and that
her dress became entangled IN II, and she was
hruseJ about the head and body TO such extent
that for a long time she suffered great pain.
FIX Ex-senator Thomas counse. for the company. viii
begin the defence OF the action to-day.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
THE COURTS.
coNTEsTING HER SISTERS WILL"

CONTRASTING HER SISTERS WILL.
An action that will be long and notify co'''ee',u
,,a, hogun Yesterday before Surrogate fitzseraiu
for the revocation of the PROBATE "a '"e w., =,
sarab Ann Day Mrs Day left an estate valued At
-, hu,drod thousand dollars entirely 10 her
brothcr W. r. Brxey She was the WHO" u
,,,., - Dov who owned some valuable patents
e Insulating electric cables out OF when ne H'ace
i,rge fortune John T.. Hill and Abel CROOK "ho
,yora Mrs DAYS attorneys. appear for the deieh'-
an, and Joseph H. Choate and Messrs cameron
,rd putIer for the contestant. Mrs. william H.
Iue,t of London. England, sister OF the 'es'a
,,,y I, anpears from the testimony OF MT 'roon
that Mrs Day made will In 1870 IN wh'ch sno
,nf, ali hor property TO Mr. Brixey In lSS peiore
tho .I,t,or was going TO Europe Mrs. Day msue
another Will containing practically the same p'o-
listens ON Tune 81 1892 Mrs. Day went to Europe
and , month later died the house OF ner sister,
tho nresont contestant, in London. The VIII was
nrnhatnd on September ~, 1882. The reiauNes cu'
of under the will all lived In London ohdue III
nuence and pressure are the charges a"ese' "e
Mr. Rrixev. # was brought on the examination
If Mr. Crook who was Mrs. Days attorney 'ha'
the testatrix had given several powers oil attorney
30 pr,xev and that she had sold the office fixtures
u,fent rights ana good Will Of her HUSBAND pus,.
i,.ss sorne time after the ldtfer's death lheSe IL
appears were bought by NJ. BrXey r. ..,,o,
HIr t'bro 80 cross-eyarn!ned the witness. lie asked
what the property sold Ini.r tnr ~, oUxoctiv
brought. Tie witness could hot reneiue' ;nSir,sy
'Did it bring slO? asked MT 'hoa'e i"''
!9h yes. the furniture brought $40" was the
"'! nov what did the good will and all the patent
rights bring
And these we're the patents that ma1e rom ~.
%, 10 N9G0o A year for Nj Day. were they NOT!
The witness admitted that they were
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
v,yrp LEHMAN DENIES 4 RrMOk

Nayer Lehman. OF the cotton firm Oh I'"' 49,.
Brothers. No % Wllam-st.. has resigned l',"
poara ~ Directors OF he American Cotton o'' - -.
- r,ars was a runor that he intended TO STAR
an opposition company. When Mr len'a '",,,sIv
seen in regard to this he said there was On.
no truth in IT, He parted from the company ." on
best OF terms He had held American ami continue
stocL FOR the last four wears ana ne WIZ" ' f,r his
70 nod IT, He would give no special reaso" ~
getting out of the board. ,, hought 100
eM II Lehman, OF Lehman Brothers. pY%p,,nn Ex-
haias ~ March cotton yesterday on inc 49, ~ May
change and sold the same number h o, arcest trades
cnt,on This Is said 10 be one OF the '"'
ever made on the Exchange
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
AN ALLEGED COLLUsIvE JUDGMENT

Arthur l.. Andrews the receiver OF the George [.
Treldweu Company, has received permission from
Justice Patterson. OF the Supreme Court, 10 bring
an action against the First National Bank OF
Albany to get aside judgment for $2o.s96 ID when
was obtained against the company last February
II is charged that the Judgment was collusively ob
the officers Of the company. based upon false and
fraudulent claim OF the bank against the company
upon prDmlssory notes which the company never
m ode or authorized and which the bank knew
were rover authorized II Is moreover, stated In
The netition that the notes were un,awfuy and col
lusve.y signed by the president OF the company
about August H. 1893. and were without considera-
ton and without the authority OF the company. For
these notes goods TO the amount or about &oM
were transferred to the bank collateral security
for the pretended Indebtedness and are now held by
the bank 1t Is desired to prevent the bank from
discussing of this property until steps can be taken
to set aside the Judgment.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
All. RI-T FOUR OF THEM SOUND
THE POLICE SURGEONS GIVE srA''"''>'
Rlow TO TIE MEN WHO "'H
ANXIOUS TO RETIRE At ONCE
CAPTAIN REILLY's CASE.

BLOW TO THE MEN WIN "''"
,xv1o1.s TO RETIRE At ONCE
CAPTAIN REILLY's CASE.
A. the meeting OF the Police Board ye'''r''.
[or,oo, chief surgeon Cook submitted report
n.,inr forth the physical condition o. the eshlee"
..,ors NJ the department who were examiner by
,,r,oons ON Monday NJ their fitness TO perform
o,tco duty They all wanted to he retired uhder
,ho ,ventv.v,ar law. Dr. Cook reported that with
cour executions all the men named were 'ou''u
n bo in good physical condition ana apie 10 per
CORN, notice duty The exceptions arc captain
poiuy of the Flfty-nrst-si station; Patroheh
charles O pooley and Warren Harrington ana
norman EriInGagc. Captain Reilly VIII nave 10
eu,n,it 10 further examination as the surgeons
,yoro not prepared to give a decision IN MS case
Tho surgeons report was filed. with the cNcep"om
- ,hoso whose cases were laid over the men VIII
ho 10 anpcal TO the courts If they want to be re-
tired -. %, ,o,.-
Nicb,ol Dornelly n junkman. Of No. ~ Lero!
@, who figured In exciting shooting "'''"S III
the courtroom OF the Common flehs Oo"'' va
Anil >, Of this year sent n letter TO the Do s
ming that Captain Delaney. OF me
st station had refused To recrmnth! ir ~, hno,
ion Cor a renewal OF his pistol permit n1.'o,
inc occurred at the trial or SUIT lo u p,rprn
81 nor,rcrship between Donncly ana IhIioh =" ~
Nc rdlc Judge Bschoh dismissed inc 80, 70 ~
i'onncll,. fired n shot at McArdle y son u. va
i,,nr r,.,urned The fire and wild upfohr chsu,n,
Iionnollv SAYS he ~ In much danger noN ~ ~.
,or vas and IL Is absolutely necessary 'ol nm ro,
-. nv = rstol The matter was rel'rreu " S"P''-
intendcnt Byrncs for investigations
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
rO OPPOSE MVyTCIPiL EXTRA yAGANCE.

Alfred r. Conkng, Assembly manelect' WI" ~
before the Board OF Estimate and Apporto""'e""
which will meet at II a. on December " 70 he"
taxpayers concerning objections TO Items In the ""a
estimates II IS Mr. Conklings intention to orposs
extravagant appropriations for the legislative 's
partment or Common Council ,
Mr. Conkling thinks that. since Tammahy ns.
has been defeated. some public-spritei 'ie's'
should be willing TO show where economics 'n"s g,I
practisel in various departments. Inns u see',n-
oppor,unt;y he thinks. also for the Hooi p.-snil
ment clubs to select departments where 90 IA,
scrutiny of tho provisional estimates may snow ~:
they are needless or excessive. the Cly W. ava
OF September u gives the provisional estinlass of
!. le,det NAV be had OF the clerk OF the hoalr ~
Aldermen OF the proceedings OF september H. S"
ing the estimates that were sent to me pua,uicpu
Nr Conkling and others who favor mum mum .en-
economies do not wish citizens. or course 10 ANS
iect on general principles. They should S,t sos and
yb.t rru7d he reduced and show where saatss a
services are excessively valued as comPa'e' Wv"
those I'm private life.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
SUBPOENA FOR PRESIDENT MARTIN.
VI - MOTT PROBABLE THAT HE WILL. BE En-
AHMED AT GREAT LEN"Tii-A BELIEF
THAT MRS THrROW IS STILL
IN THIS COUNTRY

IN THIS COUNTRY.
Police Commissioner Martin was call'h I" Wv
,,,r,r,,,,, where the IcXow Committee were sltU"S
yesterday afternoon having received subpoena
o. attend As u witness. but after tax WIZ "
.,,,nhc. of the committee he was excused M
Noss had wanted to ask Mr.. Martin to give some
Information about the contracts when the i""'o
RoorI had awarded for the printing OF baIio's '"'
tho elections Counsel for the committee said mat
,here was no intention T. subject Nj Martin 10 d"
long examination al this time. lie may DE P''
on the stand for time today.
Mr. Con has declined to make any statement
about a rerort that Mrs Augusta Truro" mas not
gone 10 Europe MS had been reported ana "''
the committee might soon get Information ABOUT 'h'
methods which had been adopted 10y friends Oh
several indicted cx-policomon % induce her 10
leave the city recently 49,. :. ,,.,s
~ The Criminal Court Building YESTERDAY II vas
declared that "a searching iuV' -tisn tlyn Wnuu "
made regarding the Giseplcarance "t Mis. lhn'"".
Sbn il ono OF the most important Witnesses l"r
tho people agains; cN-Ioiic" captain I,"h',.y ~
others Ass!4.nnt District Attorney Iohn = M'-
Infvra was directed 10y colonel Fellows 20 examine
AID reror, as 10 the flight II Mrs Thufo". Mr.
MCINTYRE said yesterday that Do hhd 10 KNOW, *"
~ .. 'nh.fhtr the matter was To- Doe eN1inln'l 10y
The Grand Jury lie had rot boon consulted about
IL IL ls said tina; ne Grand jury VII TAX. up
Inc Consideration ol the whole anair as soon as
the Harlem River Bank ease is disposed oi. Mt.
MCINTYRE saws That ne IL confident ihh' MIS-,
Thurow j. in Now-J'rsr}. nn4 th"t nc ''n W
h.r within q short time. y haN" no count III,
,ad from tho reports have received. tnat !
shall h- able 90 yro'i cc nor on ~" stand when
she IS wanted as D witness
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
sUrcTETELCCT TIMSEy'S BOND.

Sheriff elect Hansen OF No. 33l East Eighteenth
st. fled his bond with Controller Fitch yesterday
II Is for 100000 and each OF Mr. Tamsens four
surctes justified IN twice IN" sum for when ne ~
held s25 0C0. The bondsmcn are John Stemme re-
tired No 1923 Second-ave. Henry l.ndenmcyer
wholesale paper warehouse. Nos 81 to 81 East
Uouston-st house address, No $40 East Fifteenth
At. John J. Pfelfrer, retired. No. 3lS East sixty
eghth-st and william Won Twistcrn, proprietor or
the West Shore Hotel Forty-second-st. ana Eiev-
enth-avo
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
REFEREES APPOINTED.
Supreme Court.

By Van Brunt, PJ.: OBrien and fotsr' D.
Won Hermann vs. Wagner-Charles II. parle's
BY Patterson. J.
Levy vs. wood-Lucen Oudin.
Matter OF Jordan-Lucien oudin
Young United States Book Company "H""
Green. -.
National Park Bank Larchar-EdNard le wv
National Park Ashley-EdNarf le NiV
walker " Church u the ACKNOWLEDGEMENTS ..
Hoes
Hastead Bonnett-Noah Davis - -
People, St Nlcho.as Bank -ANs,en ~ TN
Matter OF Journal u commerce-John h. flhe.
by Beach. j.
Bernheirer Va Levy-John II kitchen
by TruaS. J.
People etc "a. New-York and Boston Insurance Jon
pany-William II. Wills
By Bischon. jr.. J.
Young vs. Thomson-Chares y. Morgan. =,
Achey Benjamin Cong B. Society W. Glntel-A -
Lesser.
Superior Court.
by McAdam. J.
Hastorr Newman-Edward Jacobs.
RECEIVERS APPOINTED.
supreme Court.
Py Patterson. J.
John Fahey Fleming Cement and Brick VomVA''-
Richard :. kuhl
Common Pleas
by Bschor. jr.. J.
Mark NJ. Nichols vs.. John c. GTanse'-''''''
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
SUPPLEMENT OF SUITS EFFECTED.

Theodore Su,ro. president and counsel Of the Com
stock Tunnel Company. announces that settlement
has inst been effected OF the suits against the
many which were coming for trial next week n'ths
Tinted States Circuit Court OF Nevada, and by
which the income OF the company has been tied
up through attachments since last spring ms SET
Last Of a series OF suits in which the company and
its predecessor have been involved almost constantly
since 1856.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
ARRESTED IN THE CoMMITTEE-RooM

Edward H. Horner. OF No. Is Broadway. who says
he Is connected with the United States Exchange
and Investment Company. was arrested yesterday
AZ a session OF the Lexow Committee by Policeman
English, OF the Tombs Police Cour, Squad. Homer
was he'd in default OF 900 bail for trial. In the
rombs Police Court. Adolph Cohen. OF No 459 West
Forty second-st.. tailor says that ne paid Homer
800 for a lot at Hcksville l.. l.. and got warranty
deed that the lot free He attempted TO sell
the lot and found that II covered by blanket
mortgage.
Horner Is the man who concerned In the Aus
TRAN bond swindle, and testified some days ago
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
~ lrrICHMENT EOR &iO.nlO.

The Sheriff yesterday received an attachment for
SO G0 against Isaac Neuberger Of No. 1863 Canal-st.
In favor OF Edward Fitzpatrick. who Gains dam
ages to that amount because NJ. Ncubcrger MA not
carry out a contract made on November . u pnr-
chase property the northwest corner OF the Boule-
varl and Ninety-ninth-st for 100000. The attach
mcnt was granted ON the ground that Mr. Neu-
berger lives at Lakewood y. j.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12

"WENONA GILMAN AGAINST "OUTlNH
Florence schoere has brought a suit against
the Outing" Company. limited, in the Court OF
Common Pleas In which she seeks to recover
5000 damages for an alleged fraudulent puDllca-
ton Of her novel entitled Saddle ana Sehtl-
rncnt" In her complaint. drawn BY Everitt '.
Abbot 40 2 Wall-st. the plaintln alleges 'hat
she Is now and has been for many years engaged
In literary pursuits. writing under the assumed
name OF Wenona Gilman. In the spring OF 1871
she SAYS that sh" had in her possession the manu-
SCRIPT OF a story. entitled Saddle and sentiment
A racing story and alleges that the defendant rep
resented 10 her wi:h intent 10 deceive ana deirhud
rer that the best way 10 advertise her story was
70 uubll4h IL I'm Outing" The plantin charges
that she was told that the magazine had MONTH
IT, circulation OF 10000 copies. and was read by
PERSONS Interested in such matters as she touched
upon IN her story Upon these representations the
plnin;lN says she consented that the story shoula
be- published In serial form In outing. She con-
f,uts that she has been deceived and greatly
damaged by these representations. the plaintlit
savs that the largest circulation or the magazine
va. 25,0O copies and that the average WAS only
.f00D Judge BlschoN granted an applcatlon
made by the defendant for Dill or particulars
ana or Tered that the plaintf specify In her com
plairt what individual or individuals made the al
legged false representations
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
ANOTHER INJUNCTION WANTED

In supreme Court Chambers yesterday Judge
Patterson heard argument on behalf OF r..
l. Dyer and James \. Trowbridge. owners o.
property In West Thirty -fonrth-st. Tor an IN
junction restraining the Thirty Fourth street Kali
way Company. the Metropolitan TRACTION COM
many and John y. Crlmmins. from constructing
railway In Thlrty-fourih-s.. This motion Is
brought in the face OF the action taken Monday
by judge Truax when ~ handed down decision
yacat,ng the. injunction obtained by Martha j.
Wysong a property owner at Tnir'y-fourth-st
and Nailson-ave.
Ex-Judge Russell. representing Mt. Dyer
claimed that the defe ndants had unlawiully en-
,.r,I ON the street without the proper consents
~ tho city authorities or the property oW'ers
William g Truli representing the ieiehdahts
s,li tho. had consents Of more than mar the aDu'
ting property owners along the whole line Judge
Patterson took the papers and reserved DECISION
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12

the books and box-ofiice receipts Isaac Fromms,
who appeared for Roster and Ba,. denied that hi
clients had dlsobeyed the order of the Court, and
said that they had never refused TO allow Mr. Ham.
mersten to enter the box-oiice. but that Slegmvnd
caused so much disturbance that they mad 10 ~
clude him. Judge Gillersleeve reserved decision.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-12
SHE HAD 4 RIGHT TO HER HUSBANDS BODY

Judge Beach in the Special Term II the supreme
Court has ovcrrulcl the demurrer which WAS inter-
posed hv Dr. Chares Phelps Of Bellevue Hospital
- ~. complaint in the action which has been
brought aellns; him by Mrs Ann \. Foley 10 re-
cover $1,000 damages. Thomas Foley was the nus
hand ~ Mrs Foley AMI AT work at the Wind
s,r hats AT No LOO Broadway on May 10 last lie
f Through the elevator shaft ana fractured seVera'
ribs lnd sustained other injuries. lie was taken 10
bellevue Hospital. and within three hours died MIS-.
Foley demanded her husbands body. 50 that she
might take j, home and prepare 1t for oura" ana
she strcnuously objected 20 any autopsy being per-
forncL Notwithstanding her protest. an autopsy
VAS performed upon the body OF her husband. in her
pre,,nc, AMI IL vas terribly mutilated. She brought
an action In the supreme Court 70 recover slVvW
,!amac,s from pr. Phelps. who was the hOspltai
phys.cian. The doctor demurred 10 the complaint
up1n the ground that Mrs Foley did not have legal
capacity To sue. and also that the facts stated IN
the complaint we're not sufficient TO constitute
cause OF action . -,
Judge Reach. in giving Judgment for Mrs Foley
on this demurrer holds that the right OF Mrs. to.ey
10 the custody and possession OF her husband BODY
for burial IL ungues.Onabc. and IL naturally follows
that any unlawful Interference with that right Is
act!onahle tie gives the doctor leave TO answer the
complaint on payment OF costs.