smithclay/nortonstories huggingface dataset:
Year: 1873

Important Question OF Jurisdfcti0n-


The Right of Foreign Sailors to Re-


cover for Wages In United states


Courts-Opinion by Judge Joachimscn.


In the case Of Petersen VS.. Brockelmann, argued
in the General Term OF the Marine Court, Judge
Joachimsen has given the following opinion:-
This is an action by q foreign seaman against
foreign owner OF foreign vessel to recover sea-
mans wages The Consul General Of Germany
files his protest against the jurisdiction Of this
Court and asks that the proceedings in this action
be dismissed. 1t Is in proof that the plaintlf
shipped at Rio Janeiro, and his counsel contends
that his voyage was terminated at this port; that
he is not on the vessels muster roll, and that he
is entitled to maintain suit in this Court. On the
other hand it Is contended that, there being no
Of s IS ons or By
Gle 13 OF the treaty with Germany, proclaimed
June l. 1872 tvo II u S. Statutes at Large, 928),
and that therefore the cause Is not within the
Jurisdiction OF federal State Courts The act OF
1872 relative to this Court coners jurisdiction for
marine wages between sailor, master and owner,
and IS except as to the amount transcript OF q
corresponding section In the act OF 1913; but this
be it BY Of the w
OF nations. Mr. Wheaton proves the rule to be
that


The private vessels of one State entering the ports Of
another not exempt from the local jurisdiction
less by express compact and to the extent provided by
such compact


In the case at bar our Jurisdiction is made efrec
tive only by the seizure OF the foreign vessel.


q The municipal laws and institutions of any State
operate beyond its territory and within the
territory of another State, by special compact between
the States


Here the treaty provides that differences as to
wages shall be decided by the Consul OF Germany.


On questions OF this kind there should not be
any conflict between the federal aud State Courts.
II there be exclusion OF Jurisdiction 1t is uni
versal as to all American Courts. 1t attaches to
the subject matter and is operative alike upon all
the Courts. The principle that sailor OF foreign





In the Courts to recover for work done on a lor-
eign ship for foreign owner is most recently held
in the case OF the British vessel Beebedas Ambi-
das, Judge Lowell reversing all the cases in Amer
ican federal Courts l am compelled to admit
that, under the present state OF the law the mo-
tion to set aside the attachment must be granted
and ali order made staying proceedings
Year: 1873

The Liability Of the Corporation Prop


erty for Mechan1cs' Liens.


Before Judge Robinson.


This is the first decision under the amendment
to the law passed in 1872. Chapter 600, which ex-
tends the provisions of the law of 1s63 to wharves
piers, docks and bulkheads. David Ripley & Co.
were the lienors for materials furnished TO build
the dock at the foot Of Thirty-afth street on the
North River. Ripley Co.'s attorneys moved for
an order that the corporation appear and submit
to an accounting on the premises.


George w. DaCosta, on behalf OF the corpora
ton, opposed the motion on the ground that the
notice OF the fling of the lien was insufficient ana
that the dock in question was not subject TO the
provisions OF the Mechanics Lien law. The cause
was argued at length and Judge Robinson rend-
cred lengthy decision. He decided that the
lienors had not complied with the law in refer
ence to stating the name OF the supposed
owner''-their notice charging che ownership upon
the "city anu county OF New York''-which has no
legal existence. He also decided that the dock or
pier in question sis in It's very nature devoted to
public use" The title to the streets of New York
Is vested in the corporation pubttc jat,iS, and the
extension OF the dock or pier at the foot OF the
street is by operation Of law but an extension OF
the street. This decision goes further in the dlrec-
ton OF protecting all kinds OF corporation pro-
perty from the provisions or the Mechanics Lien
law than any previous adjudication.
Year: 1873

The Titusville Press gives an ae-


count Of a young man from an east


ern city who bad been visiting rural


friends in that vicinity. After seeing
q farmer thresh out 3 "fOoring" OF


oats the other morning, he asked and


received permission to swing a fail a
few moments, upon assuring the agFi-
eulturist that he was ''perfeetly famil-
lar with the art OF thIsshing.n Ex-
pectorating upon his hands, the young
man went st the oats, out at the first
pass knocked the horn of from new
mich COW that was leisurely chewing
her cud in neighbOring stall. The
second swing eayed in the head of the
farmer, who thought he was safe
enough as long as he roasted on top
of the tanning mill at the other end
Of the Oarn; but without discovering
the havoc he was making, the city
artist Kept at his labOFs; the third
blow fell upon the oats, the fourth
killed a hen in the manger near by,
and the fifth pass of the deadly wea-
pom was the best Of all, for it came
around behind the young man BOOM
erang fashion, and taking him under
the lower jaw, knocked him down
and thus put an end to the work Of
The mere fact that the
city 'thresher" returned to conscious
ness an hour before the farmer did
the former time TO get several
miles out of town before his efforts at
oats were discovered by the
ne ighbOrs.
Year: 1873

Oliver Wendell Holmes says this
is the way a young lady prepares to
play on the piano


1t was q young woman with as
many white flOunees around her as
the planet has rings, that did it. She
gave the music stool a .whirl or two
and f1uffed down on it like twirl of
soap suds In hand-basin. Then she
pushed up her cuffs rs If she were 60
ing 70 fight for the champions belt.
Then she worked her wrists and
hands 10 Timber 'em, suppose, and
spread out her fingers till they looked
As though they would pretty much
cover the key. board. from the growl-
ing end down 10 the little squeaky
one. Then those two hands of hers
made q jump at the keys as if they
were a couple of tigers coming down
on q flock OF black and white sheep,
and the piano gave a great howl, as
if its tail had been tread on. Dead
stop-so still you could hear your hair
growing. Then another howl, as if
the piano had got two tails. and you
had trod on both of 'em at once /;
and then q grand clatter and scram-
BILE, and strings of jumps up and
down, back and forward, one hand
over the other, like sstampede Of rats
and mice more than like anything /
call music.n
Year: 1873




To think the more q man eats the
fatter and stronger he will become
To believe the more hours children
study the faster they will learn. To
conclude that, If exercise is good, the
more violent Is is the more good Is
done. To imagine that every hour
taken from sleeps an hour gained.
To act on the presumption that the
smallest room in the house is large
enough to sleep In. To argue that
whatever remedy causes one 70 feel
Immediately better Is good for the
system, without regard 20 more ulte-
rior effects. To eat without an appe-
tite, or 10 continue 70 eat after IL has
been gratified, merely to crafty the
taste. To eat a hearty supper for the
pleasure experienced during the
brief time it is passing down the
throat, at. the expense Of a whole
night Of disturbed sleep, and a weary
waking in the morning.-Good
Health,
Year: 1873

ECONOMICAL TwINs.-A comical
twin story Is reported from Dublin.
A barber was waited upon one morn.
ing by a nice young gentleman, who
desired the hair dresses lowest terms
Der week for keeping his comely Tea
put" in condition. A moderate sum
was named and accepted. Thereafter
the new customer appeared regularly
every day for q "clOse shaYe,b with
frequent additions ofshampoOing and
hair cutting, and often twice q day.
In short, the barber marveled at the
rapidity with which this young mans
beard and hair grew, and the mystery
was only solved after a considerable
lapse Of time, when one day 1.-TWO of
him "came into the shop at once for
shave. The original customer who
made the bargain had a twin brother
so exactly like him in personal ap-
pearancs that one couldn't tell 10th
er from which, "and the two had
been getting the attentions of the tom
sor- for the price paid for one.
Year: 1873

Mex: Sunday the grand festival OF the
Firemen's Charitable Association for the
benefit of the widows and orphans fund
will commence at the Fair Grounds. In
another column we publish the programme
of each days entertainment. Esteemed
as this association is by all of our people,
and proud as our entire community is OF
the gallant fire department, it is needless
TO urge this festival upon their attention.
Il would be something like neglect Of hon
est duty to fail to give all possible aid TO
their benevolent cause.
Year: 1873

To-day has been selected by this highly
esteemed club of young men for their an
nual festival. It is to take place at the Fair
Grounds, and, consisting Of all the sports
which usually make up day Of enjoyment
will conclude with pyrotechnical exhioi.
ton and ball in the evening. The manage
mept is in excellent hands, and the mem
bers of the association will afford e1ceiiens
pastime for those who celebrate the day at
the Fair Grounds.
Year: 1873

CoAI OIL.-Mrs. Burk's residence, on
Berlin street, came very near gong up yes
.erday. About nine O'Clock some one up
set coal oil lamp, and of course it ex-
ploded. The mosquito bar and bed were
the only things burnt up this time, but that
was because the officer came IN and pus y
Year: 1873

Discipliue the Liver.-The liver is truly an
"unruly member" Sometimes It is torpid and
secretes too slowly at other times it is unnaturay
active and sends forth o perfect freshet of bile.
Regulate this organ with Hostetters Bitters, not
with caomel or blue mass Mineral excitants, in
stimulating the liver, poison the blood, and their
ultimate effect is terrible. The Bitters, on the
other hand have Lzing and purifying, as well
as stimulating effect. They not only regulate
the flow of bile, but iHfuse new life into the whole
system. good appetite and perfect digestion,
regular, natural habit of body, sound condition
of the nervous system. vivacity OF spirits in
creased bodily strength and power CT endurance
and refreshing sleep are among the blessings they
promote The temperature Of summer is severe
tax upon the digestive and secretive organs, and
the Bitters are rever more indispensable than at
tlis neriod of the wear, jy2 3t cod W
Year: 1873

CUTTING AFFRAY BETWEEN WOMEN


little before eleven O'Clock last night the
people in the neighborhood of the corner of
Oelord and Dryades streets were alarmed


sr." They came from little boy, the
v,nild of woman named Alice Manners.
He ran to Mr.. Andrew Ferrora, who was on
the street at the time, and said two women
we're killing his mother. Several persons
then ran up the narrow, crooked stairs of
the building on the corner. In q small
room on the right, on q bed almost desti-
tnte of clothing, lay middle aged woman
drenched in blood. She was gashed on the
side of the head. a deep cut on her left
arm and a fearful cash below the left
breast, laying the flesh open, and
exposing the lower portion of the heart. No
one could be found who could be suspected
of having done the deed. The wounds were
evidently inflicted with a sharp razor, or
perhaps more than one. The little boy
could give no further information than
what he told at first, and that his mother
told him to call watch. The poor people in
the building, which is q long, two-story
lodging house with cheap stores and bar
ber shop underneath, did everything they
could for her, and summoned the officers.
The wounded woman seems to have passed
bkcseveral names, bnt gave the name n OF
4ice Manners to the sergeant. She was
unable or unwilling to tell who did it.


Tho women living in adjoining rooms
heard no screams, except when watch was
called. They all said they had seen no one
around. The officer on the beat had passed
few minutes before and noticed nothing
extraordinary. Until the arrival of DR..
Ames, who dressed the wounds and sent
her to the Charity Hospital, she lay on the
bed silent and bleeding. Although closely
questioned, none of the people around
could give any information which would
fix the crime on the probable parties, and
unless Alice herself should recover suff
GENTLY to tell their names, they may make
their escape good.
Year: 1873

The DEATH OF A DRUNKARD.-If
there is one spectacle on earth more
melancholy than another, it is the
death of a drunkard. Friends turn
away from such a scene in despair,
not wishing to linger to catch the
last whispers of the dying wretch,
whose scarcely perceptible breath
is impregnated with the fumes Of
poison, that has destroyed 10th
soul and body. When the last
spark expires, and the soul has Ia
ken its flight from rotten carcass,
and a few friends, out of daty to
kindred humanity, carry the cold,
polluted body to its silent hiding
place, . voice seems to proclaim, IN
accents fresh from the eternal
world, lest! lost: No ho2e-no
hopeI


Notwithstanding the awful truth
Of the above, there are those dear
to many who read this, now rush
ing on TO perform a part in this
melancholy tragedy. Some of the
most promising of friends a few
years ago, had written, while 9th
ers ara now writing their names
upon this pass-book of hell, and it
would appear from their acts as
though each were striving to be
first ola the list of victims. How
needless they rush on to ruinl We
would snatch them from the blood
dripping wheels of this idol, but
they will not be saved. If not
sreat Godi deliver coming genera
tions from such a fate:
Year: 1873

WLsoS lad a theory that there
was nothing in the idea thst a bun
would become enraged at the sight of
a red rag, but he firmly believed that
the widest kind of animal could be
frightened by opening an umbrella IN
their faces. He determined to prove
the truth of this doctrine when he was
at Darby the other day, and selecting
a red flannel shirt and umbrella, he
climed over into a field and advanced,
waving the shirt at the bull. Since
then Wilson has said that he had no
idea bull could run at the rate of a
mile minute, bat anyhow this one
did not consume much time in ap-
preaching Wilson and he consequent
" dropped the shirt and tried to raise
his umbrella. Somehow the catch
wouldn't work and as the bull was
not aware of the necessity for the de-
lay. II became uncommonly sociable
on the spot, and the next moment Mr.
Wilson was performing a fantasy on
two horns, at the end of which he lit
on the other side of the fence, firmly
convinced that an earthquake or some
other extraordinary natural convul-
sion had Just occurred. He is a con-
vert now, and he carries a gun in
place Of an umbrella when he goes
out to skirmish with bulls.
Year: 1873

How THE SOUTH CAN ACHIEVE
IEDEPENDENCE.-The South may a.
chieve an independence far more
lasting and real than that for which
it was fighting ten years ago.
GeOrgia's farmers are proving that
the South can be independent of
the West by raising its own corn,
aud the profits of Georgia and Ala
bama cotton mills show that the
South can manufacture its cotton
without the aid Of New England
Self-support is true independence.
Year: 1873

~ The Memphis Appeal de
clare. to be the general sentiment
of the people of the South to-day,
that they acknowledge but one
country, one constitution, and one
dag, and believe in the perpetuity
of the Union.
Year: 1873

j E.WHTE, the prisoner recently
confined in the Memphis jail upon the
charge of horse-stealing, and who
who the other day made his es-
cape through the wen executed plans
of his wife, up to the latest accounts
had not been arrested, aud no clue to
his exact whereabouts has been OBJ
tanned. Meantime the devoted wife,
after being ipcarcerated for several
days within the same walls from which
she had so adroitly effected the escape
of her husband, has given bail for her
appearance at the next term of the
Criminal Court, and what viii be the


final action in her behalf remains to
be developed. However worthless or
criminal and deserving oi punish
ment the husband may have been, the
self-sacrificing devotion and heroism
which prompted the loving and true
wife to essay an attempt so bold and
perilous to accomplish his deliverance,
cannot but be admired and commend
ed by all who hold in sacred regard
the sublime virtues of feminine con-
stancy and devotion. Although tech
nieally guilty of an infraction of the
law, IN aiding and abetting the escape
Of her husband, still the verdict will
be pretty general that she was guilt
less of any crime.-BdRner.
Year: 1873

WISDOM OF SmESCE.-A Courtier Of
Alexander the Great paid visit to the
studio of Apelles, the celebrated
painter. and was received with the
consid ration due to his rank. This
excited his vanity, and unhappily he
posing his ignorance in a variety Of
duestic rs and criticisms. Appelles in
terrutped him at length in a low voice:
''DO YOU see those boys that are
grinding my colors? While you
were silent, they admired you, dazzled
with the splendor of the purple and
gold with which your habit glitters.
but every since you began to talk q
bout what you do not understand,
they have done nothing but laugh at
YOU.
Year: 1873

pAS0AASAN


MRMpHn, May 2l.-A terrible tragedy
was enacted on the steamer Phil Allen
while lying at 1dlewild, fifty miles below
here, this morning. A planter named
Butler, who had gotten on board at Fri.
ar's Point, was shot and instantly killed
by John Cannon, who was somewhat un.
der the influence Of liquor, and who had
invited Butler and several others to take
q drink. While standing at the bar q
dispute arose, resulting as stated above.
Af(er the shooting Cannon went to the
Clerk OF the boat and asked for package
Of money lie had deposited. Alter get
ting 1t he jumped ashore and made his
escape


The murder Of Robert Morgan (lnstesd
Of Butler as reported this morning. was
one of the most unprovoked that ever
occurred. Morgan was an entire stranger
to Cannon, and had never exchaeged a
word with him. Cannon was drinking,
and had threatened to kill one of the
clerks Of the boat and while walking
down the cabin saw Morgan sitting in q
chair with his feet on the back ofanother
and approaching him said "you are a
damned fraud" Morgan without moving
replied "you arc liar" whereupon Can.
non put q pistol to his head and fred, and
then made his escape as already reported.
Cannon was a desperate characted, and
attempted to kill his own sister some time
since. It is thought he will attempt to
reach Texas.
Year: 1873

The Republicans Of Ohio yesterday re.
Nominated Gov. NoYEs and some other Of
the State officers. Gov. NoYES had no
opposition, so far as we have iniormatloni
and 1t seems TO be thought in Ohio that
his term Of service will be cut short by his
election to succeed Senator THURMAN.
The platform ia sound and square on the
Credit Mobilier and Salary Grab. Not
only are these unqualiaedly denounced
aud the taking Of the back.pay condemn
cd equally with the voting Of II, but there
is sweeping condemnation ,of all In
crease Of salaries at time when tho re-
sources Of the country arc taxed to their
utmost TO meet the burdens imposed by the
pension list and the national debt and
the repeal Of tho whole measure is de-
mauded. This must bo held to modify
the resolution endorsing the President,
because this obnoxious measure was not
only signed by him, but there Is too much
reason TO believe that 1t met his apprObA-
lion, and that the whole scheme had It's
origin in the anxiety Of certain politicians
to commend themselves to his favor.
This is q strong condemnation Of those
Ohio Congressman who, like Mr.. BNG-
HAM, are unfortunately compromised by
both the Credit Mobilier and Salary Grab;
and its value Is that it will serve as
warning to other gentlemen in the future.
This Is the solid ground for tho Republl'
can party to stand on; and on such an
unequlvOcal platform as this, the Ohio
Republicans ought to win an easy victory.
Year: 1873

REV. ". E. HATcHER'S CARD.-In the Dispatch
Of yesterday card appears from this gentleman In
reference to myself. La reply have to say that !
had reasons SO stroug for BELIEVING him to be the
author OF the John Smith" letters that nothing
but such dlsavowal rs he makes in his card could
remove that belief. And the purpose of my reply
to his note was to give him such decided assurance
of this belief should bring the question of author-
ship, SO far as he concerned, to an issue before
the public.


The article in the .4drocate did not create the
opinion that he was John Smith, For weeks be-
fore that article appeared public attention WAS
directed to him as the author Of those letters.


Instead, therefore, Of visiting indignation upon
me for the application Of the article by his friends
he owes them debt Of gratitude too great to Dc
paid for giving him opportunity Of distinctly dis
avuwing before public which pointed at him with
steady finger the authorship of such articles as
these of 'John Smith," He has now relieved him
self of the enormous odium which has been accumu
ating upon him for many weeks, and In his freedom
no man can feel a higher qualification than


w. ". BENNETT.
Year: 1873

ANOTHER LOTTERY SwINDLE.-The officers
Of the various Masonic bodies at Omaha,
Nebraska, publish an official letter warning
the Masonic fraternity and the public against
a lottery scheme under the name and style OF
"A grand gift concert for the purpose ofaiding
Il board OF trustees to erect Masonic temple
at OMAHA" aud state that the same has been
inauguraIed and is now being carried on
without the sanction or consent of any Of
the Masonic bodies Of that city or State.
They declare that lotteries and gift enter
prises, being contrary to the principles Of
Masonry, are strictly forbidden by special re-
solutions Of the Grand Lodge of Nebraska,
and that the proprietors Of the above-named
scheme are making use Of the Masonic name
for their own GAIN, without permission or
authority oi any .4iaaonlc body,
Year: 1873

REMANDED TO JAIL.-Lawrence Murphy,
who was convicted in the Hastings Court of
felOnious shooting, and sent to the peniten-
tiary for three years, and whose sentence the
Governor commuted to imprisonment in the
city Jail, was on Monday remanded to the
custody of Jailor O'Dwyer to serve out the
time of his commutation, the Supreme Court
having decided that the Governor had right
to commute the sentence.
Year: 1873

IT is SAID THAT EVERY EXTENSIVE .ADvEE-
TIsER has to pay very large sum tor experience
before he learns how TO invest his money judicious
ly. II would he better to entrlst the business to
responsible advertising agency like that Of GEORGE
p. HOWELL s Co, No. IL Park Row, New York
and thus gain the benefit OF experience without
cost. Contracts can be made with them as low us
with publishers direct.
Year: 1873

THE MEAsLEs.-The measles was probably
never more prevalent in this city than at the
present time. 1t is, however, mostly in a
mild form, and we hear of very little fatality
amongst those whom 1t has attacked. The
average attendance in the public as well as
the private schools will be very much re-
duced in consequence Of it.
Year: 1873

DELAY OF FlREMEN.-Mayor Kelley has
issued an order inquiring into the cause of
the delay on the part Of the fre-engines in
reaching the scene Of confagration on Mon
day night, and also ordering the policemen
to note and report the exact time at which
all alarms are turned in, and the time of
arrival of the first engine.
Year: 1873

The Government Of Great Britain
recently pal to this Government SIS.
100000 the amount of the Geneva
award. Last congress passed Law
that the money should be devoted to
the reduction Of public debt, and to
that end should he invested in the 5
per cent bonds of the United State.
The Syndicate has the contract for ne
gotiating a large amount Of these bonds
at one.half per cent commission, and
now claims monopoly Of it, and the
regular commission on the above ff
teen and half millio n invested by the
government