enter name and hit return
THE COURTS..1878
Brooklyn Union-Argus
2 January 1878
THE CORBETT CASE
The CORBETT case will come up again before Judge BENEDICT, in the U. S.
District Court, at three P.M. to-morrow, when his counsel expects to go into
the merits of the case; if the Court will entertain it.
THE NEW JUSTICE OF SESSIONS
Peter PIGGOTT, who was elected Justice of Sessions on the Democratic
ticket last fall, took his seat on the bench of the Court of Sessions
to-day. He succeeds Justice Andrew McKIBBAN.
MR. VORHEES TALKS TURKEY
Deputy Surragete Judan R. VOORHEES, on Monday last presented each of the
clerks and officers in his department with a fine fat turkey, the smallext
of which weighed eighteen pounds. The recipients accepted the substantial
gifts with thanks and well wishes to the veteran official.
JANUARY CALENDAR OF THE CITY COURT
The January Term of the City Court for the trial of cases of law and
fact will begin next Monday. The calendar has just been published. It
contains 189 cases. Among them are ten cases of actions for damages against
city railroad companies for personal injuries sustained, two cases of lible
agains the BROOKLY DAILY EAGLE; a $10,000 slander suit, in which Prof. Carl
W. BACHMEYER is the plaintiff and Father John J. RABER, son of the
ex-Charity Commissioner, is the defendant; three cases in which the Brookly
Library Building Fund Association sues deliquent stock subscribers, and
several cases against Sheriff DAGGETT to recover damages for alleged illegal
levies on property.
Judge REYNOLDS will sit in Part I, and Judge McCUE in Part II. Judge
NEILSON will hold Special Term and Chambers.
Justice GUCK this morning held for the Grand Jury John SCHNEIDER, Fred
SCHRICK, Henry HAUCK and Charles WEIS, who are accused for stealing a goose
and money from H. CALKUM early Christmas morning.
GREENPOINT-Joseph RUSHAN, alias 'Peanut Joe', was arrested on Monday
night for assaulting Jacob KOCH, who lives at Manhattan Avenue and
Kent Street, with a club, which was found in the prisoner’s possession
when arrested.
3 January 1878
Justice GUCK this morning held for the Grand Jury John SCHNEIDER, Fred.
SCHRICK, Henry HAUCK and Charles WEIS, who are accused of stealing a goose
and money from H. CALKUM early Christmas morning.
GRAND JURY IN THE U.S.CIRCUIT COURT
A Grand Jury was impaneled in the U.S. Circuit Court, Judge BENEDICT
to-day composed of the following gentlemen:
Charles H. MARVIN,
Richard DELISSER,
David C. BOSWORTH,
Abraham R. FROTHINHAM,
Richard SHANNON,
Wm. H. BANKS,
James B. OGDEN,
George C. NEWELL,
Thomas J. BROWN,
Benjamin BEYER,
George W. SWAINE,
Louis M. HALSEY,
James B. HALL,
John R. DAYTON,
William TAYLOR,
Jeremiah BROWN,
Silas B. WEEKS,
Alden S. Swan,
Daniel B. STEARNS,
John MULQUEEN,
George L. NICHOLS,
Andrew LAMBERT
Lester ROBERTS.
After the usual charge by the Court, the jury retired for deliberation
on the cases presented by the District-Attorney.
A CIVIL DAMAGES CASE
A Young Wife Recovers Judgement Against Liquor Dealer---Three Liquor
Dealers On The Jury.
A case which developed some peculiar features was tried before Justice
Andrew B. CROPSEY, at the New Town Hall, New Utrecht, on the 29th ult. It
was the action of Mrs. Harriet KENNY, of Gravesend, who brought suit under
the Civil Damages acts of 1872 against Edward TOBIN, who keeps a store and
liquor saloon at Gunther's Station, to recover $100 damages for the loss of
services of her husband, who for several months got drunk and neglected to
support his family, and, as it was alleged, procured his liquor at the
establishment of the defendant, although the plaintiff had repeatedly
requested the former, "For God's sake," not to sell her husband any long,
The husband of the plaintiff is a fisherman, and when sober could earn from
$15 to $18 per week, sufficient to support his family--wife and
child--comfortably. Mrs. Kenny is but twenty-one years of age, and has been
married but fourteen months. Defendant is a well known Democratic
politician. In the testimony given on the trial it is appeared that Mr.
KENNY, in October last,
BEGAN A SERIES OF SPREES,
and continued for several months, and made his headquarters at the
defendant's establishment. On one occasion he left home with $16 in his
pocket, and went directly to TOBINS's place, and did not leave there till
next morning, when he returned home very drunk, without a cent in his
pocket. On Thanksgiving Day he left home perfectly sober, and went to
TOBIN'S saloon, when he and TOBIN went on a holiday spree. On their return
to TOBIN'S place, KENNY was crazy drunk, and while in his cups was
pugnacious and quarrelsome. He got into a fight with TOBIN, was arrested
and was sent to the Penitentiary for a term of six months by Justice
VOORHEES, of Gravesend. He is yet in confinement. In the action against
TOBIN George D. HENDRICKSON was forman of the jury, and
4 January 1878
LONG ISLAND-AN ALLEGED LUNATIC DECLARED SANE
A man named OVERTON, from the vicinity of Port Jefferson, was pleased in the
Department for the Insane, at the Suffolk County Almshouse at Yaphank some
time ago. He persistently demanded his release, alleging that he was not
insane, and at last an investigation was ordered. He was examined before a
Commission de Lunatico last week, and the doctors came to the conclusion
after a long examination that the man was as sane as any man in Suffolk
County. OVERTON’s release was therefore, ordered. It is alleged that his
lodgment in the asylum was procured through the connivance of relatives who
desired to have him out of the way in order that he might not interfere in
the disposition of certain property in which he is interested.
HELD FOR THE GRAND JURY
Richard BROWN, arrested some weeks ago charged with committing a burglary at
Goebel’s tailor shop in Fulton Street, waived examination this morning
before Justice BLOOM and was held to await the action of the Grand Jury.
Hon. John OAKEY represented the District-Attorney in the case.
CHARITABLE BEQUESTS
Mrs. Pricillia PARKINSON died in this city on the 27th of November last. Her
will was offered for probate in the Surrogate’s office yesterday. She left a
small estate. In her will she leaves $250 to American Bible Union and $350
to the Colored Home, corner of First Avenue and Sixty-third Street, New York.
ALLEGED ILLICIT DISTLLING
The case of the United States against fourteen barrels of shellac
varnish seized August 29 last, was before Judge BENEDICT in the U.S.
District Court yesterday. The factory where the varnish was seized belonged
to Charles KUNTZLER and was situated at Flushing and Evergreen Avenues, and
was burned down the night of its seizure.
The Government claimed that the defendant was illicitly distilling
whiskey; while the defendants asserted that the alcohol present in the vat
was the natural result of a process of wood distillation used in the varnish
manufacture.
A large amount of testimony was taken, and the case is still on.
THE DENGELS RECONCILED
Joseph DENGEL, undertaker of 32 Thornton Street, E.D., a few months ago
began an action in the Supreme Court against his wife Theresa for a limited
divorce on the ground of cruel treatment. Both parties had been married
previous to the present union. Mr. DENGEL in his complaint, in substance,
set forth that his wife used to beat him with whatever instrument or utensil
came first to her hands, and would occasionally vary divertisment by
dragging him around the floor pretty much as a servant would a mop. In the
Supreme Court today John STREIB, counsel for the plaintiff, obtained an
order from Justice GILBERT discontinuing the case, the parties having signed
a treaty of peace, and resumed their marital relations. The reconciliation
was enthusiastically celebrated last evening at DENGELS’s residence in
'Dutchtown.'
A FOUR HUNDRED THOUSAND DOLLAR WILL CASE
The case of John O. WHITEHOUSE against Hon. William WHITEHOUSE, M.C.
executor of Poughkeepsie, was before Justice GILBERT in the Supreme Court
today. The matter is in reference to the estate of Wm. T. WHITEHOUSE, who
formerly kept a shoe store in Fulton Street, this city, and died in this
city in 1869, leaving an estate worth $450,000. He left a wife, five
daughters, and one son. Mrs. WHITEHOUSE died in 1873. The son, aged
twenty-six resided at St. Paul, Minnesota. Florence, the youngest child, is
fifteen years of age. Mr. WHITEHOUSE left his widow an annuity of $3,000 and
the interest of $100,000 in lieu of dower, the latter to be used in part for
the education of their children. The family residence was in Elliott Place.
Mr. WHITEHOUSE also left annuities of $2,000 to each of his children until
they became eighteen. The case came up today to determine, the widow being
dead, whether the interest from the estate should
5 January 1878
G.P..John DOUGHERTY and Wm. McCARTHY were arrested on suspicion of arson, in
connection with the fire which occurred Thursday morning at 41 Box Street.
Justice ELLIOTT today held them for future examination.
G.P..Patrick FARRELL, who was arrested on Thursday on a charge of assaulting
Anton BECHERER on New Year’s Day, was held this morning by Justice ELLIOTT
for the Grand Jury.
7 January 1878
ESTATE OF A LUNATICE
In the Supreme Court Justice PRATT has appointed H. F. DALY committee of
the estate of M. DALY, a lunatic. The bond required is in the amount of $60,000.
JUDGMENT AGAINST A CHURCH
A judgment for $96.90 from Justice SEMLER's Court, a case in which
Herman THIMIG, liquor dealer, of No. 28? Atlantic avenue, was plaintiff, and
St. Ann's Church, defendant, was held in the County Clerk's office on
Saturday. The claim was for communion wine sold and delivered. The record
does not state whether the church named is Catholic or Prostestant.
A NEW GRAND JURY
The January term of the Court of oyer and Terminer began to-day, Justice
PRATT presiding. The following named gentlemen were impanelled as Grand
Jurers:
SMITH, Benjamin G., foreman
HOPKINS, Daniel
TOYE, Ed. H.
STEDWELL, Smith B.
OSTMAYER, Fred. L.
COWENHOVEN, John H.
ALLEN, George A.
MARTIN, Daniel
GODFREY, Seto
SHUSTER, Charles
CORBY, Charles R.
TICE, Wm. K.
WHITLOCK, Joseph T.
BURCHELL, Geo.
SUYDAM, John
WARBURTON, John
IRISH, Russell A.
8 January 1878
Robert DOUGHERTY and Henry SHAW who were accused by Henry REIMER, of 158
South Eighth street, with having beaten him in front of his residence,
on New Year's night, were tried to-day before Justice Elliott.
DOUGHERTY was fined $15, and SHAW was discharged.
9 January 1878
DECISIONS AT THE GENERAL TERM OF THE CITY COURT.
Matthew MURPHY, respondent, vs. Mary A. BROWN, appellant. Judgment and
orders affirmed with costs.
Joseph EAGER, appellant vs. Charles V. CRAWFORD, impleaded,
respondent. Judgment affirmed with costs.
Percy O’BRIEN, appellant, vs. Phoenix Fire Insurance Company of
Hartford, Conn., respondent. Judgment affirmed with costs.
Is??e ISAACS and others, appellants, vs. William F. WEEKS, respondent.
Order sustaining demurrer affirmed with $10 costs, with leave to plaintiff
to serve amended complaint on terms.
Wm. H. PALMER, respondent vs. the Remington Sewing Machine Company,
appellant. Judgment revered and new trail granted, costs of appeal to
appellant to abide event.
Tu?ia B. DAVIS, executor, respondent, vs. Mary E. Carl, et. al.,
appellant. Judgment affirmed with costs.
Patrick MARTIN, appellant, vs. the Union Ferry Company, respondent.
Judgment reversed and new trial granted, costs of appeal to appellant to
abide the event.
Annie M. REID, respondent, vs. Joseph KEARNEY, appellant. Judgment
affirmed with costs.
Theodore B. GALES, respondent, against James L. WILSON, appellant.
Order reversed with $10 costs, to set off against judgment.
South Brooklyn Saw Mill Company, respondent, vs. Jeremiah VAN ROPER,
appellant. Order affirmed with $10 costs.
Joseph C. SMITH vs. George A. WEINRICH, appellant. Judgment reversed;
new trial granted; costs to abide event.
Stephen SMITH, administrator, appellant, vs. Walter LOCKWOOD, et. al.,
respondents. Judgment affirmed with costs.
Henry KORDES, respondent vs. Thomas KENNY, et.al., appellants. Order
that the case be argued at the next General Term.
DAMAGES FOR THE DEATH OF A CHILD
The action of Patrick O'HARA, administrator against the Atlantic Avenue
Railroad Company, to recover $5,000 for the death of a little girl, aged
four years, the daughter of the plaintiff, who was killed by being run over
by a car belonging to the defendants, on September 4, 1877. The accident
occurred at quarter past six P. M., at a point near the corner of Fifth
avenue and Sixteenth street. The child was playing in the street with other
children, and was in the act of crossing the avenue when it was knocked down
and one of the fore wheels of the car passed over it, crushing it so badly
as to cause death in a short time afterwards. The first intimation the
driver of the car had of the accident, was when his horses shied. He put on
the brakes, but was too late to prevent the accident. A number of
passengers saw the child before the car struck it. Captain McKELLAR, of the
Eight Precinct, who was in the station at the time of the occurrence was
first attracted to the affair by hearing the car jolt. He then made the
remark to the sergeant in charge; "Somebody's hurt." He rushed into the
street and took the child from under the car and into the station-house, and
from there to its father's residence, corner of Fifth avenue and sixteenth
street.
Case still on.
John T. MOREAN is counsel for the plaintiff, and General B. F. TRACY
is counsel for the defendants.
SENTENCE OF WETMORE
In the New York Oyer and Terminer Court this morning, Theodore R.
WETMORE, the convicted Vice-President of the Security Insurance Company, was
sentenced by Judge DANIELS to one year at hard labor in the Penitentiary,
and a fine of $250.
JOSEPH WILDE's ESTATE
The Surrogate yesterday granted letters of administration to Mrs. Mary
E. WILDE, of No. 154 Ross street, E.D. on the estate of her late husband
Joseph WILDE, who died January 3, inst. Mr. WILDE died intestate. The
value of the estate is about $20,000.
Eastern District-AN AUNT WHO WANTS HER NEPHEW AND NIECE.
ACCOMPANIED BY THE PARISH CURATE, MRS. SCHENCK OBTAINS A WARRANT FOR THE
PRODUCTION OF HER SISTER's CHILDREN--WHITE CHILDREN IN CHARGE OF COLORED PEOPLE.
Mrs. SCHENCK and Rev. Father TEIVENEY, curate of the Church of the
Transfiguration were before Justice ELLIOTT this morning to obtain a warrant
for the production in Court of Marie and Horatio ELLISON, aged respectively
six and ten years of age.
Mrs. SCHENCK claims that the children are illegally detained by a
colored family living on Floyd street, who are no relatives to them, they
being white; and she already having had two other children, their brother
and sister, placed in an asylum to be properly cared for. It would seem
that Mrs. SCHENCK's sister, the mother of the children, died in December
last, their father dying insane in the Flatbush Asylum recently. Prior to
her death the mother took her children to the residence of George ELLISON,
on Flushing, near Harrison avenue, and after her death Wm. ELLISON took the
children away, as he said, to provide for them, and placed them with the
colored folks above referred to. Mrs. SCHENCK applied for her niece and
nephew, and was refused their custody, and thereupon saw Father TEIVENEY,
who came with her to Court to urge the issuance of a warrant for their
production. Justice ELLIOTT issued the warrant.
A FAT COUNSEL FEE
Wilson M. POWELL is a counsellor-at-law; he also loans money on bond and
mortgage. Some time ago he loaded a poor woman, Mrs. Dorothea AURNHEIMER,
$1,500, at the usual rate, but charged her $75 for searching title and
"disbursements". Mrs. AURNHEIMER defaulted in her payments, and yesterday
after a trial in the County Courts the mortgage was foreclosed. Gen. P.S.
CROOKE appeared for the lady and put in the defence of usury, urging that
the $75 was merely a bonus and was made to avoid the usury law. In summing
up the case he said that to charge $75 for searching title, especially where
the party making the claim was the lender of the principal sum, was
outrageous; that he was not aware that such a "skin" game was tolerated in
this community; that he thought that the sooner the Court stamped it out the
better; that he in his practice never charged over |$25 for similar services.
VERDICT FOR MALICIOUS PROSECUTION
Herman SCHMIDT, jeweler, who formerly carried on business in St?lth
street, obtained a judgement for $500 in the City Court yesterday against J.
O. CONWAY, coal dealer, of New York and Brooklyn. The action was for
malicious prosecutions. Hugo HIRACH was counsel for the plaintiff.
REAL ESTATE BROKERAGE
Jocob STERN, real estate broker, of No. 778 Park avenue, obtained a
verdict for $75 in the City Court to-day against Mrs. Sarah A. GOODWIN, for
services tendered in negotiating an exchange of a house and lot at the
corner of Harrison avenue and Hooper street, for a farm at Catskill.
SENTENCE OF WETMORE
In the New York Oyer and Terminer Court this morning, Theodore R. WETMORE,
the convicted Vice President of the Security Insurance Company, was
sentenced by Judge DANIELS to one year at hard labor in the Penitentiary,
and fine of $250.
AN ILLICIT DISTRILLER SENTENCED
James MORAN, who was arrested some time since charged with working in an
???? distillery of Flatbush, pleased guilty today before Jude BENEDIT in the
US Court and was sentenced to six months’ imprisonment.
10 January 1878
A SUCCESSFUL SUIT FOR DAMAGES
In the suit of Patrick O'HARA against the Atlantic Avenue Railroad,
tried in the City Court yesterday before Judge McCUE and a jury, to recover
$5,000 damages for the loss of plaintiff's daughter, who was run over by one
of the defendant's care while crossing Fifth avenue, near Sixteenth street,
in September last, the jury returned a verdict in favor of the company,
holding that the child should not have been permitted in the street
unattended. General B.F. TRACY was counsel for the company.
A KLEPTOMANIAC DISCHARGED FROM CUSTODY
Nrs, Catharine BURNS, a lady of means, who has an elegant residence on
the Heights, was arrested on the 22d of December last, on a charge of
stealing a book, of the value of $2, from a store on Fulton street. She was
subsequentlyu tried before Justice WALSH, and on the 5th of January was
sentenced to sixty days in the Penitentiary. This morning the prisoner was
brought down from the Penitentiary on a writ of habeas corpus, sued out by
her counsel, Patrick KEADY, and taken before Judge NEILSON, in the City
Court, when a motion was made for her discharge on the ground that the
commitment under which she was held was fatally defective, in that it was
set forth that the accused "was arrested on 22d of December, 1878."
Counsellor KEADY, in the course of his argument, said the commitment would
be good in a year hence, but not now. Assistat District-Attorney WERNBERG
appeared in behalf of the people. Judge NEILSON ordered the accused
to be discharged.
AN IRON-CLAD DIVORCE CASE
The old, worn out and backneyed divorce case of Georgianna NICHOLS
against Com. Wm. NICHOLS was up again in the Supreme Court to-day on habeas
corpus proceedings, where plaintiff seeks the custody of her son aged
twelve, as accorded her by the Supreme Court of Connecticut. The case still on.
THE PATRIMONY OF A SICKLY HEIR
The case of Angelina S. BROOKS against George E. KITCHING and others,
trustees of the estate of George E. KITCHING, deceased, came up to-day in
the Supreme Court before Justice GILBERT on a motion of the plaintiff's
counsel to have the amount of the allowance awarded his client for the
support of her infant child increased from $1,200 to 2,500 per annum.
Geroge KITCHENING was a stockholder in the First National Bank, E.D., and
held real and personal estate of the value of $300,00.
The applicaton of Mrs. Brooks was opposed by Counsellor MEEKER in behalf
of his co-trustees on the ground that the lady in question was improvident,
and that the sum was ample for the present needs of the heir.
Counsel for the plaintiff said that the child was in delicate health and
required constant medical care, and that its parents are poor and unable to
provide the child with the delicacies he required.
It was urged by Counsel for the trustees that Mrs BROOKS was at one time
possessed of means, but became poor through her improvidence.
Testimony was taken and decision reserved.
MARRIED ON THIRTY-SIX CENTS A WEEK
Isaac MAPES was charged before Justice WALSH yesterday with having abandoned
his wife. Mrs. MAPES testified that when they were married she lent her
husband $10 to pay the necessary expenses and he had never repaid her.
During the nine months of her wedded life she had received only $3 for her
support. MAPES said that he would like to provide for his wife but that he
is unable to do so, as he is a newspaper carrier and earns only 35 cents a
week. He had, however, often given her from 5 to 10 cents at a time. Justice
WALSH dismissed the complaint.
WELL DESERVED PUNISHMENT
'Ten Years in the State Prison' was the sentence passed by Judge SUTHERLAND,
yesterday, on Edward KOLB, one of the men, who early on Christmas morning,
accosted Hermann MEISNER, of No. 500 Myrtle Avenue, in Delancey Street, New
York, and induced him to enter a basement where he was drugged and robbed of
his clothes and money.
12 January 1878
SURROGATE'S COURT -- BEFORE hON. ABRAM H. DAILEY.Wills proved:
James C. WILSON
Charles M. GRIFFIN
Thomas T. SPENCER
Frederick DREYLING
Joanna BEVELISON all of the city of Brooklyn.
Letters of admistration were granted on the estates of the following named
deceased persons, viz.:
Cornelia BOYER
Andrew SMITH
Silas D. SCUDDER
Henry KETCHAM
Elizabeth D. RODWELL
James CAMPELL
Eleanor WYCKOFF
Louisa SMITH
Alfred R. GINLIN
Joseph WILDE
Jane S. JACKSON
Thomas McCAFFREY
Henry STORY
Joseph HAMMELL
Clarissa H. NEWMAN all of the city of Brooklyn.
Letters of guardianship of the person and estate :
of Joseph W. WILLIAMSON and Emma L. WILLIAMSON was granted to Alvah WILLIAMSON:
of Henry SCHULZE to Minnie SCHULZE, Frederick SCHULZE, Caroline SCHULZE and
Anna SCHULZE to Henry WOBEL;
of Henry H. FORCE and Mary H. FORCE to Mary S. FORCE;
of Miguel A. MUNDZ to Bernhard MAMIZER;
of Cornelia Edith HAYDEN to Elden B. HAYDEN;
of Fountain S. BRAID to George BRAID, all of the county of Kings.
14 January 1878
G.P.-George SMITH, of 1555 Broadway, New York was arrested yesterday by Detective
MULLER, charged with having stolen on December 22, a silver watch worth $30
from the residence of Jeremiah ALLEN, 94 Clay Street. SMITH occupied a room
in the latter’s house on the night in question, and shortly after his
leaving, the watch was missed. Justice ELLIOTT this morning adjourned the case.
BRIEF MENTION...
Detective ENNIS last Tuesday chased the captured Thomas SMITH, of 201 Tenth
Street, New York, who was suspected of having robbed the residence of Mrs.
Alice MITCHELL, of 595 Grand Street, of jewelry valued at $360. Mrs.
MITCHELL did not return from Boston this morning, and Justice GUCK
discharged SMITH.
While a large crowd was in front of Turn Hall last evening waiting admission
to the theatre where the 'Two Orphans' was to be played, William TREDDER,
who had borrowed a friend’s horse and wagon, drove recklessly through the
street. Officer FICKETT arrested TREDDER, and Justice GUCK this morning
fined him $3.
15 January 1878
THE DAMAGE DONE BY Mrs. MURPHY’S GOAT.
The case of PYMM vs. MURPHY was before Justice ELLIOTT this morning. In
brief Mrs. PYMM, now of 160 Fourth Street, formerly of North Fifth, between
Third and Fourth Streets, sues Mrs. MURPHY, now of Pleasant Valley, New
Jersey, formerly of the Eastern District, for $94.25 damages done by Mrs.
MURPHY’s goat getting into Mrs. PYMM’s yard and destroying a large number of
valuable plants, flowers, and trees. There seems to be no question that the
goat did the mischief for which damages are asked, as Officer PHELAN
captured it, and Sergeant BU?CE sent it to the pound as an estray. Case
still on.
A PECULIAR CASE
Edward WOOD had began an action in the Supreme Copurt against Norah WOOD
to annul a marriage. The complaint sets forth that the parties were married
in September last, and four months afterward a child was born, and that
defendant was unchasin when he married her. Plaintiff alleges that
defendant practised fraud in the matter. Motion was made to-day before
Justice GILBER in behalf of the defendant for counsel fee and alimony.
Decision reserved.
WHY THE TAYLORS ARE UNHAPPY
Mary W. TAYLOR a short time ago began an action in the City Court
against James R. TAYLOR for a divorce on the ground of cruel and inhuman
treatment. The matter came up to day before Judge NEILSON on a motion of
plaintiff's counsel for action. James W. RIDGWAY appeared as counsel for
the plaintiff and Mirabeau L. TOWNS for the defendant. A number of
affidavits were read in which defendant sought to establish the fact that
plaintiff formerly kept a house of an improper character in Twentieth
street, New York. Counter affidavits were read to show that plaintiff kept
a respectable boarding house; that defendant was a worthless fellow, and to
some extent lived off the bounty of the plaintiff. Decision reserved.
HOW NOT TO COLLECT RENT.
William M. HARTLEY, stenographer of the United States Court, New York
City, resides in Putnam avenue, this city. He was a former tenant of one
ALEXANDER, and moved away from the latter's house owing $30 for a month's
rent. Mr. ALEXANDER on the 15th of October last told his son Samuel G., who
stands six feet three in his stockings, and built in proportion, to go to
HARTLEY and collect the claim referred to. Sammy did as his sire told him,
and while at HARTLEY's house he got into an altercation with the owner, whom
he knocked down repeatedly. A portion of the trouble occurred in Mr.
HARTLEY'S parlor. During the scuffle the furniture got considerably mixed.
Young ALEXANDER, as he was chstising his victim said: "That's the way to
collect bills. I have don this sort of thing before. D----D if you don't
pay me I will repeat the dose I have given you. I only give you a mild form
of what you may expect." The above was the substance of the testimony in a
suit for damages tried in the City Court to-day before Judge REYNOLDS and a
jury, Mr. HARTLEY being the plaintiff and young ALEXANDER the defendant.
The jury gave the plaintiff judgement for $500.
A BOARDING HOUSE SUIT
Mrs. Phoebe A. GARDNER keeps a boarding house at No. 54 Concord street.
Among her guests in October last was one Utley HARE, who occupied a room to
himself. Mrs. GARDNER could no make her count of towels tally and accused
Mr. HARE of keeping two of them. One day while Mr. HARE was absent, Mrs.
GARDNER took out of the former's room a fancy spittoon and would not return
it. Mr. HARE demanded his property, but Mrs. GARDNER was abdurate and would
make no surrender. On October 23 Mr. HARE went before Justice RILEY,
charged Mrs. GARDNER with larceny, and caused her arrest. Mrs. GARDNER was
examined by the Justice the following day and was honorably discharged.
Mrs. GARDNER then brought action against HARE in the City Court to recover
$5,000 damages for malicious prosecution. A jury on trial of the case
to-day gave her a judgement of $50.
SHALL THE CITY REFUND?
Application was made to-day before Justice GILBERT, in the Supreme
Court, by counsel for Geo. R. NICHOLS, for an order requiring the Mayor and
Comptroller to show cause why a writ of mandamus should not be issued to
compel them to refund $168, the amount paid by inadvertance on an assessment
for paving ?1 Felix street. The defendants object to refunding the amount
claimed, on the ground that it would set a bad precedent for persons having
similar claims. The Court of Appeals have declared the assessment referred
to illegal and void. Mr. NICHOLS' property is on St. Felix street, between
Manson place and Fulton street. Decision reserved.
THE NICHOLS DIVORCE
Com Willima B. NICHOLS in the action for divorce, in shich his wife
Georgiana was defendant, has taken the initiatory steps to take an appeal
from the recent decision of Justice GILBERT, in habeas corpus proceedings,
which gave the custody of the Commodore's son to the mother as required by
the terms of a decree of the Supreme Court of Connecticut.
16 January 1878
THE GAY WILL CASE.
John W. C. GAY, who was formerly engaged in the dry goods business in
New York, died in this city on the 11th of July last, leaving property of
the value of $80,000. He was married, but lived separate from his wife, who
has a dry goods store in New York. In the decedent's last will and
testament he bequeathed his property to his nieces and nephews and made no
provision for his wife. Miss Elizabeth GAY of Coxsackie, N.Y., was named
executor of the estate. Mrs. GAY, the widow, protested against the probate
of the will, on the ground that the document offered as such was not
decedent's last will, and that the paper produced was proeured by fraud and
undue influence. The contest of the case has been before Surrogate DAILEY
on various adjourned hearings. The testimony was closed to-day.
DIVORCE GRANTED
In the Supremem Court to-day Justice GILBERT confirmed the report of the
referee in favor of the plaintiff in the action of Mary CHENEY AGAINST Wm.
J. CHENEY for absolute divorce. The defendant was formerly boss plumber in
the Navy Yard. Plaintiff resides in DUFFIELD street.
A $5,000 SUIT DISMISSED
Mrs. Lucy EAGAN, of No. 213 Hudson avenue brought an action in the City
Court against Lambers W. HUGHES, the keeper of a large boarding house, at
No. 51 Sands street, to recover $5,000 damages for malicious prosecution.
In May last plaintiff worked for defendant in the capacity of cook. After
Lucy had worked for Mr. HUGHES for a period of seven weeks she left his
employ. After her departure various articles of wearing apparel were
missed; a warrant to search Lucy's premises was obtained, but nothing was
found but about twenty-seven pawn tickets; none, however, of which were for
property belonging to Mr. HUGHES. The case came on for trail before, Judge
McCUE to-day. After plaintiff's counsel, John McGUIRE, had exhausted his
testimony, defendant's counsel, F. E. DANA, moved for a dismissal of the
case on the ground that no cuase of action had been established.
The Court took this view of the case and granted the motion.
COUNSEL FEE AND ALIMONY
In the action of Edward WOOD against Norah WOOD, an action to declare the
marriage void between the parties on the ground of fraud, Justice GILBERT
today ranted defendents $20 counsel fee and $9 per week alimony,
to begin in February.
17 January 1878
William MAY, the man found on the schooner Guide, and charged with aiding in
the scuttling and robbery of the schooner E. H. Pray, was arraigned before
Commissioner BETTS, in New York yesterday, under the United States statue
defining the acts alleged to have been committed as piracy, and imposing the
penalty of death on convictions thereof. MAY was held for examination on
Saturday. Mr. Samuel R. BETTS was assigned as his counsel, he being too poor
to employ a counsel.
THE WIFE SHOOTER.
CHARLES E. JOHNSON IN POLICE COURT TODAY.
Interest in the Monroe Place Wife Shooting Case Revived
How the Fashionable Culprit Comported Himself Before Justice WALSH
Another Adjournment.
A crowd assembled this morning in Justice WALSH’s Court in expectation of
witnessing a sensation in the examination of Charles E. JOHNSON, the
fashionable young man who on the 24th of December last shot his wife, Flora
JOHNSON, at the residence of her father, Mr. R.S. BENEDICT, 43 Montrose
Place. The case was set down for ten o’clock, and promptly on the minute the
fair-haired, rosy-checked boy culprit, attired in garment of faultless cut
and fine texture, his hands encased in tight kid gloves, entered the room in
custody of Under Warden SCHULTZ, of Raymond Street Jail. As the Black Maria,
as the prison van is called, could not be seen in the vicinity, it was
presumed by the reporter, to whom a coach was visible through the window,
that the young man’s social position had
SPARED HIM THE DISGRACE
of riding with the 'common herd' of criminals, or of being subjected to the
gaze of the curiously being paraded on the street or in a railroad car.
The prisoner with downcast eyes took the chair assigned him within the
railed off space reserved for members of the bar, and for clients who are in
danger of obtaining an unenviable acquaintance with bars of another kind.
Adjoining chairs were taken by a white-haired gentleman who spoken of as a
friend of the family, and by a tall gentlemen, who rumor had it was a cousin
of the youthful culprit. JOHNSON said nothing, and seemed to have finally
attained a realizing sense, either of the enormity of the crime with which
he is charged ' assault with intent to kill ' or of the disgrace which he
has brought upon himself by his unbridled passion and rash conduct.
Hon. John OAKEY, representing the District Attorney’s office, appeared a
few minutes later. He spoke a few minutes with Justice WALSH, winding up by
handling him the following:
155 JORALEMON STREET, JAN. 16
This is to certify that Mrs. C. E. JOHNSON is still suffering from nervous
prostration, the result of 26th inst., and is not in a fit condition to
attend court Jan.17 without serious injury to her health and prolonged
postponement of her complete recovery.
John F. TALMAGE, M.D., Attending Physician
HELD FOR THE GRAND JURY
Wm. Henry CARHART, who is charged with forgery is altering the dates in
papers in an ejectment suit, gave bail today at the District Attorney’s
office in the sum of $1,000 to await the action of the Grand Jury.
18 January 1878
MARRIAGE AND DIVORCE FROM A LEGAL POINT OF VIEW.
The NICHOLS Divorce Case " Opinion of Judge GILBERT in the Habeas Corpus
Proceedings for the Custody of a Child " The Law of the Matter.
A few days ago, in the divorce case of Georgianna NICHOLS vs. Wm. B.
NICHOLS, Justice GILBERT, upon the hearing of an argument on habeas corpus
proceedings, took a son of the parties from the father and gave it to the
mother. Today Justice GILBERT handed down the following opinion in reference
thereto:
The question is as to the admission of this evidence, and that presents the
question as to the effect of the judgment that was rendered on a bill and
cross-bill " a bill filed by the wife for divorce according to the laws of
Connecticut, in which she claimed the custody of this child, and a
cross-bill filed by the husband against the wife, that which he claimed a
divorce from her on the ground of adultery and also claimed the custody of
this child.
The case was tried in Connecticut conformably to a practice that is legal
there, and the result was a judgment in favor of the wife upon her bill,
giving her an absolute divorce for cause legal according to the statues of
Connecticut and against the husband upon his cross-bill, adjudging that the
wife had not committed adultery and denying the relief prayed for on the
cross-bill, and by this judgment also the custody of this child which was
awarded to his wife.
Now it is proposed to introduce evidence of facts which occurred before the
rendition of this judgment, and which were embraced in that suit; and the
question as to whether the judgment is conclusive upon the question relating
to the custody of the child that being one of the matters litigated in that
suit.
It is said that the child was NOT A PARTY TO THE SUIT,
and that is true in one sense; yet the custody of the child was a right
which belonged either to the father or to the mother, and they were the
parties so far as the Court established or determined the rights between the
parents the judgment must, if we give full effect to it, be held conclusive
upon that point as well as that of the divorce, unless something be shown to
investigate it.
I do not think it is to be tolerated that a matter that has been solemnly
adjudicated in a Court in Connecticut, Louisiana or Illinois, or any other
State where such Courts had jurisdiction of the subject matter and of the
parties, can, in respect to the rights of the parties themselves or other
rights represented, such as those of assignors certines que trust, children,
etc, be reopened.
I had OCCASION TO EXAMINE THIS SUBJECT
in the case of Baker vs. Baker, which has been otted here, where the
question was presented and argued by Mr. PRAY in opposition to an order of
the Court of Chancery of England.
That was a case where the parties had married in England, were British
subjects, and had separated from each other. Now, a bill of divorce was
filed by the wife in the Court of Chancery, and interlocutory proceedings
were taken in her behalf, with a view of obtaining the custody of the
children. The case was argued before Vice Chancellor MALINS, who made an
order awarding the custody of the children to the mother, on the ground of
the unfl?ness of the father to be their custodian.
The Vice Chancellor granted an injunction restraining the husband from
taking them out of the jurisdiction of the Court, and the husband ran away
with the children pending the proceedings, and before the actual entry of
the order " took them to France, and from there brought them to this
country, The mother followed the children here, and instituted proceedings
by habeas corpus. The case came up before me, and I examined the question
very elaborately, looked at all the authorities that have been cited here,
and also all the authorities that are referred to in "Story’s Conflict of
Laws," my inclination being to uphold the rights of the local judiciary to
determine the statue of persons subject to its jurisdiction, although their
domicile is elsewhere; and I found the decisions bearing upon this question
uniform as to the effect of such decrees upon the status of married persons
(and as to the status of children the same rule must govern), so that when a
mother has been solemnly litigated in a foreign jurisdiction, upon
principles of comity, effect should be given to its decree, otherwise there
would be practically a multiplying of the judgments of Courts of competent
jurisdiction leaving the parties before them and
WHO MUST BE PRESUMED
to have no notice, to do aught but justice between them; and I came to the
conclusion in that case that the order of the Court of Chancery was
conclusive, and so ordered, awarding the custody of the children to the
mother, who took them home.
Now a similar question is presented here, and turning to the language of
the Court of Appeals the opinion of the Chief Justice CHURCH in Kinnier vs.
Kinnier, in 45 N.E. ?44, it seems to me my duty is very clearly pointed out.
The Chief Justice says: " It is to be regretted that marriage and divorce
laws are, not uniform in all the States, but we must never fail to remember
that the States are equal in power, and in dealing with questions of this
character it is gratifying to know that the requirements of the Constitution
(that full faith and credit shall be given in each State to the judicial
proceedings of every other State, accords with the principle of the Golden
Rule.
The Chief Justice also holds most distinctly that a wife may have a
domicile separate from her husband when she has a cause for a divorce, and
that the husband cannot repudiate the binding force of a judgment of the
court of a sister State against him, after voluntarily submitting himself to
the jurisdiction of said court.
Therefore, if an investigation of the status of a child had been conducted
here according to the forms of our law in a suit between the parents for a
divorce resulting in a judgment awarding its custody to one or the other of
the parents (one of whom must be entitled to its custody), and the same
question should be afterwards brought up for adjudication in Connecticut, we
would invoke an application of the same principle from the Courts of
Connecticut that we are called upon now to accord to their Courts. The
result is that the offer of evidence must be overruled and the child given
to the custody of the mother.
LONG ISLAND....SUIT FOR RECONVEYANCE .
Mrs. BRITT and Mrs. STURGESS, daughters of the late John SCOTT, for many
years a large dealer in hides and leather in Jacob Street, the settlement of
whose estate is now pending in the Queens County Surrogate’s Court, have
brought suit against their mother to compel the reconveyance of real estate
valued at $75,000.
A QUESTION OF LAND PARTITIONING SETTLED.
Some time since Samuel W. GREEN, one of the proprietors of Fire Island,
brought suit in the Supreme Court to have the land partitioned, either
amicable or by sale, and the matter was referred to ex-District Attorney
TUTHIL, of Riverhead, who has made his report, in which he recommends that
the partition of the different shares be made in such a way that the
improvements be upon the shares of those who made them. He also finds that
the property can be partitioned amicably by commissioners without injury of
loss to any shareholder.
TITLE TO THE MANHATTAN BEACH CLUB PROPERTY.
A suit in ejectment was begun in the Supreme Court today by Counsellor
Andrew J. CROPSEY against the Manhattan Beach Railroad Company on behalf of
the heirs of the VAN BRUNT estate, who claim that they are owners of nine
acres of land at Coney Island, embracing that upon which defendant’s hotel
is located. It is urged that the railroad has not a clear title thereto.
PROCEEDINGS AGAINST A POLICE JUSTICE.
James MYERS, a real estate agent of Myrtle Avenue, yesterday procured twenty
subpoenas for as many witnesses, to appear before the next Grand Jury to
support a charge of malteasance against Police Justice SEMIER. The charge
grows out of alleged overcharges in land and tenant cases.
WHAT SHOULD THE VERDICT BE.
Timothy B. SCHUYLER, a builder, residing in South Street, near First Place,
sued Wm. WRIGHT and Wm R. LEACH, two young men, residing in South Brooklyn,
in the County Court, to recover $1,000 damages for assault and battery,
which took place on the 30th July last. On that day defendants went to
plaintiff’s house, Mr. SCHUYLER, who was smarting under certain misconduct
of defendants to his daughter, did not give them a very cordial reception. A
fracas ensued in which plaintiff came out second best with a damaged visage.
The case was tried before Judge MOORE and a jury yesterday. The jury agreed
that plaintiff was entitled to a verdict but could not agree as to the
amount, and they were therefore discharged.
19 January 1878
INCREASING THE ALLOWANCE FOR AN HEIR.
A few days ago Mrs. Angelina C. BROOKS made application to Justice GILBERT,
in the Supreme Court, for an order to compel George F. KITCHING, Stephen M.
MEEGER and other, trustees of - KITCHING deceased, for the increase of the
allowance of J. Husted KITCHING, a minor, who is heir, to $70,000 under the
will, from $1,200 to $2,500. Today Justice GILBERT decided the case, granted
the motion with costs to both parties to be paid out of the estate. Mrs.
BROOKS is the mother of the heir in question by her first husband, Mr.
BROOKS, her present husband, is a printer.
MOTION TO REMOVE THE ASSIGNEE OF C. M. FELT, COAL DEALER.
In the Supreme Court today before Justice PRATT Counsellor Granville P.
HAWES, in behalf of John E. GRAEFF and others, creditors, of Chauncey M.
FELT, the well-known coat dealer, applied for an order removing the assignee
Mr. FELT failed in business and assigned his property to Charles CRONKITE in
trust for his creditors. The application was opposed by Counsellor O. S. ACKERLY.
In support of the motion Mr. HAWES stated that the assignee had begun
business for himself, using the assignor’s premises, horses, etc, that it
took him nine months to dispose of the 800 tons of coal.
SURROGATE'S COURT--BEFORE HON. ABRAM H. DAILEY.Wills proved--
Elizabeth WILEY
Willim B. STEWART
Adam SCHMIDT
David INGLES
Daniel WOOD
Bruno MEMBARDT
Benjamin E. HALE
Catherine PELL all of the city of Brooklyn.
Letters of administration were granted in the estates of the following
deceased persons, viz.:
James DONLON
Mary Jane BLATENFORD
Ellen MEADE
Ann DONOHUE
Susan FURMAN
Christine UDERLITZ
Jane ADDERLY
John F. SCHHEIDER (exact copy)
Richard E. M. SHAY
Mary RINCE
Mary C. KNAPP
Ellen McCARTY
William SIEGLE all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Ida WATTS, Frank WATTS and Flora WATTS were granted to Bernadus N. WATTS;
of Minnie L. UHLER and John M. UHLER to Phebe UHLER;
of Mary E. PATCHEN and George J. PATCHEN to the Brooklyn Trust Company;
of Marshall H. CLYDE to William P. CLYDE, all of the County of Kings.
LIBEL SUIT SETTLED
In the City Court yesterday, when the action of Thomas NELAN against the
BROOKLYN DAILY EAGLE was called, plaintiff did not answer, and the complaint
was dismissed. The action was to recover $10,000 for an lleged libel that
was published in defendant's court reports. It is understood defendant
settled the case out of court for $1,000.
PHYSICIANS SETTLE THIER QUARREL
The quarrel between Dr. Otto ROTTON and his young partner, Dr. Edward
CLAPHAM an action in the City Court to dissolve a partnership has been
settled by a mutual agreement. Dr. ROTTON alleged that Dr. CLAPHAM was
immoral and intemperate, and their practice suffered because of it. The
parties have agreed to release each other from all claims, Dr. ROTTON
assuming the debts of the firm.
INCREASING THE ALLOWANCE TO AN HEIR.
A few days ago Mrs. Angelina C. BROOKS made supplication to Justice
GILBERT, in the Supreme Court, for an order to compel George E. KITCHING,
Stephen M. MEEKER and others, trustees of---KITCHING deceased, for the
increase of the allowance of J. Husted KITCHING, a minor, who is heir to
$70,000 under the will, form $1,200 to 2,500. To-day Justice GILBERT
decided the case, granted the motion with costs to both parties to be paid
out of the estate. Mrs. BROOKS is the mother of the heir in question by her
first husband. Mr. BROOKS, her present husband, is a printer.
DECISIONS IN WILL CASES
In the matter of the contest of the will of Casper ENGERT, a former
wealthy butcher of the Eastern District, who died several months ago leaving
an estate worth $250.000, a life interest in which he left his wife and at
her death to his adopted son Charley. Surrogate DAILEY to-day decided to
sustain the will. The latter was contested by decedents brothers.
In the matter of the contest of the purported will of John STEINMACHER,
jewelier, who committed suicide a few months ago on account of domestic
trouble, Surrogate DAILEY decided to-day to admit a letter written the day
before the death of the decedent, bequeathing all his property, worth
%50,000, to his son Edward, as the last will and testament of deceased. The
matter was contested on behalf of Henry STEINMACHER, a child by a former
wife, from whom deceased was divorced.
21 January 1878
Long Island-
AN HEIR TO $30,000 - Rev. Thomas MALLABY, of Glen Cove, by the recent death
of a brother, has fallen heir to $30,000.
Long Island
MONEY LEFT TO A CHURCH - Mrs. Mary CASEY died recently at Sag Harbor. She
had $900 deposited in a New York savings bank. By her will she disinherited
her relations, bequeathing the money to the Catholic church of Sag Harbor.
The day following the funeral the bank book was stolen, and the same day
presented at the bank, but payment was refused.
Long Island
A CONVICT PARDONED. - On the night of the 10th of October, 1868, David
BURKSHOT killed Patrick KANE, a watchman in the employ of the Long Island
Railroad Company, at Hunter’s Point, who had caught him in the act of
stealing a barrel of oil from the water front. On the 23rd of October, 1869,
BURK was placed on trial in the Queens County Court of Oyer and Terminer.
When arraigned to plead, he refused to plead guilty of manslaughter in the
first degree, and pleaded not guilty, and upon trial was convicted and
sentenced to be hanged on the 10th of December, 1869. The sentence was
commuted by Governor HOFFMAN to imprisonment for life, and he has since been
incarcerated in the State Prison at Auburn. Some two years since consumption
set in, and his death has been looked for daily for some time past. Through
the exertions of his wife, BURK was on Friday pardoned by Governor ROBINSON,
and yesterday returned to his home.
THE WILL OF THE LATE DAVID INGLIS, D.D*.
The will of the late Rev. David INGLIS, O.D*., pastor of the Church on
the Heights, who died a few weeks ago, was admitted to probate in the
Surrogate's office last week. David INGLIS, M.D., a nephew f decedent, of
detroit, Mich., Catharine BURRELL, a niece of this city, and James B.
BRINSMADE were appointed executors. The decedent puts all his property,
which is of small value, in the hands of his executors in trust for his
children, Catharine Madelane and James Alexander GALE, the income to be
applied for their maintenance, support, and education. The only property
named in the will is the estate known as Logic, in the township of
Saltfleet, county of Wentworth, Ontario, in the Dominion of Canada.
Catharine BURRELL is appointed guardian of the children during their
minority.
*Typed as written
THE CONGER DIVORCE SUIT
In action of Mrs. Jane CONGER, against ex-State Senator Albert B.
CONGER, for absolute divorce, a motion was made this forenoon before Justice
GILBERT in the Supreme Court, to confim the report of the Referee, Edward
KETCHUM, before whom the case was tried. The Referee reported in favor of
the defendant. Defendant was charged with illicit intimacy with Miss
Margaret Jane NORTHAM, the wife of a clergyman residing at Waldenberg, N.Y.
Mr. CONGER is practicing law in New York City.
CONTEST FOR THE CUSTODY OF A CHILD
Elizabeth KOHLER, aged ten, was brought before Justice GILBERT in the
Supreme Court to-day on a write of habeas corpus, when counsel for the
father of the child made application that her custody be given to his
client, John George K. KOHLER, druggist, of the Eastern District. The
motion was opposed by WERNBERG & REILLEY, counsel for the child's
grandmother, who in an affidavit set fourth that her daughter was married to
Mr. KOHLER about eleven years ago, and that they lived together for a period
of six weeks; that since that time the child had been in her custody and the
father had not contributed anything for its support. The mother had
previously been before a referee, who reported that Mr. KOHLER was morally
and financially able to support the child. The Court remanded the child to
the custody of its grandmother and adjourned a further hearing of the case
until Monday next.
23 January 1878
The Palmer Boyce Libel Suit - Indictment of Defendant.
The Grand Jury yesterday found an indictment against James A. BOYCE, a
member of the Twenty-first Ward Republican Association, for libel on Colonel
Jeremiah PALMER, a member of the same organization. It is charged in the
indictment that, at a meeting of the above named organization, read an
affidavit subscribed to by himself, in which he charged Colonel PALMER with
having at the election last fall substituted the tickets of H. O. PIERCE, a
stump candidate for Supervisor, in place of the tickets of the regular
Republican candidate, thus depriving voters of their franchises. The fact
was Colonel PALMER was not in the Ward on election day.
ADMINISTRATION ON A $3 Estate.
August WALTER, husband of the late Anna M. WALTER, who died in this city
July 15, 1877, took out letters of administration in the Surrogate’s office
yesterday. Mr. WALTER swore that the estate was worth $3. He qualified as
administrator by giving two sureties each in the sum of $10. The object of
administrasting on the estate is in order to obtain a money order letter
which was sent from Ireland to Mrs. WALTERS by her relatives.
A WEALTHY MAN’S WILL ADMITTED TO PROBATE.
The will of Peter DeBAUR, a wealthy farmer of Flatbush, who died in November
last, was admitted to probate in the Surrogate’s office today. Deceased was
seventy years of age. He left an estate worth $150,000, and a wife,
Cornelia, sister, nieces and nephews. He bequeathed to his wife, his farm,
stock and farm implements; $25,000 to his sister, $10,000 each to several
nieces and nephews, and $25,000 to a favorite nephew, Wm. H. POST, of New
York. Supervisor John L. RYDER was appointed one of the executors of the
estate.
24 January 1878
Idiosyncracies of Juries.
Milton WOOLEY, a wealthy liquor dealer of the Eastern District, sued the
Grand Street & Newtown Railroad, in the City Court, to recover $5,000
damages for personal injuries sustained a year ago by the upsetting of his
sleigh while turning the corner of Grand and First streets, caused by a
defective switch belonging to the defendants. The second trial of the case
took place before Judge McCUE and a jury, and resulted in the disagreement
of the jury. A similar result was arrived at on a former trial, when the
jury stood eleven for the plaintiff to one for the defendant for giving the
plaintiff $1,000. The jury yesterday stood seven for the defendants to five
for the plaintiff, Daily, Perry & Towns were counsel for the defendants.
25 January 1878
The Commission on Lunacy in the Case of Andrew S. HALL.
The Commission on Lunacy appointed by the Supreme Court to examine into the
mental condition of Andrew S. HALL, of 44 Chaurcey street, met yesterday
afternoon in the Court House.
Frederick G. BOWDEN, a painter of No. 321 Herkimer street, testified that he
had know HALL for three years, and from the first he thought he was 'rather
soft.' In August 1876, witness was requested by members of the family of
HALL’s mother to come to their house as Andrew was 'cutting up.' He went
there, when Andrew rushed into the street and was followed by witness.
Andrew got on a car and rode a block, and then came back toward the house.
They both met, when Andrew assaulted him and broke a walking stick over his
head. Witness seized him and held him until assistance came, when Andrew was
taken to his home and put in a strait-jacket. HALL was sent to the Flatbush
Asylum, where he remained until January, 1877. When he arrived home his two
children were brought to him, and one of them was placed upon his knee, when
he attempted to inflict serious injury on it.
Francis McDERMOTT, a former nurse in the Flatbush Lunatic Asylum, testified
that at times HALL was very violent.
Dr. Theodore S. WET?LING, of the Flatbush Asylum, testified that when HALL
entered the Asylum he was troubled with the hallucination that the zodiacs
had struck him in the abdomen and passed down his legs, one of which he
thought was the North pole and the other the South pole.
Mrs. HALL says she was induced to marry Andrew in the hope that marriage
might cure his insanity.
The case will be continued.
DAMAGES FOR TRESPASS.
Bryan FAGAN recovered a judgment for $250 against William SCOTT,
Superintendent of the Jamaica & Brooklyn Plank Road Company, in the Circuit
Court, for taking possession of defendant’s premises between Sackman and
Truxton streets, and taking away earth and a quantity of boards and lumber.
Plaintiff sued to recover $1,000 damages for trespass.
26 January 1878
INDICTMENTS BY THE GRAND JURY.
The Grand Jury came into the Court of Oyer and Terminer today and presented
sixty-seven bills of indictment against as many parties charged with crime.
The jurors having completed their labors Justice PRATT thanked them for
their industry and then discharged them. Before they left the jury room they
adopted the following, which they presented to the Court:
Resolved, That we, the members of the Grand Jury, tender our thanks to the
Hon. John OAKEY, Assistant District Attorney, for his kind and constant
attendance, and also for the valuable assistance which he rendered during
out several sessions.
The persons indicted will be arraigned in the Court of Session the first
Monday in February, and the trials will begin on the 13th of the same month.
COUNTERFEITERS SENTENCED.
Wm. SPRINGSTEIN, who pleaded guilty to the charge of making counterfeit
5-cent pieces, was sentenced by Judge BENEDICT to four months’ imprisonment
in the Kings County Penitentiary.
James CULLEN, who was convicted of passing counterfeit $5 bills of the
Tamaqua, Pa., Bank, of the same crime, was sentenced to six years
imprisonment in the same institution.
THE CASE OF ANDREW HALL--DECLARED A LUNATIC-TESTIMONY OF HIS WIFE AND MOTHER.
The inquiry of the Commissioner appointed as to the sanity of Andrew
HALL, of 44 Chauncey street, was continued at the Court House yesterday.
Mrs. Catharine HALL, the alleged lunatic's mother, testified that her
husband died thirty-years ago; he died from his own hand, while under
delirium from fever. Andrew, the defendant, was always well until he was
seized by the typhoid fever. Witness never heard of Andrew's proposed
marriage until she was asked to furnish the money for his wedding clothes.
Andrew bought his wife's wedding outfit.
Mrs. Martha HALL, the young wife, testified that she was married in
March, 1873. She was then seventeen years old. She lived next door to the
HALLS, and shile she thought that Andrew was peculiar she did not think that
he was insane. After their marriage one morning she said he asked a very
foolish blessing. It was, "Oh, Lord, I hope everything will work right and
turn out right. Amen." He began to act queer, doing foolish things,
putting food under the buffet, and throwing things at the table. He
threatened to cut his own throat, as he said his father did his. He threw a
knife at his mother and at his wife. He was sent to the asylum because he
threw a picture at her, chased her into the street, and struck her with a
cane.
Dr. WINTERBURN testified, in Andrew HALL's behalf, that he was not a
lunatic, but that he was of impaired mind, and that his mind was graddually
being restored to its normal condition. He thought that he was capable of
managing his own affairs, and he hoped in one or two months to see him
wholly sane. There was no treatment given him in the Flatbush Asylum. The
doctor exclaimed excitedly: "Oh, fie upon such an asylum for the insane!
God help those who are obliged to go to such a place as that!"
The jury at 6 P.M. returned a verdict that Andrew S. HALL is a lunatic
and that he is incapable of managing his own affiars.
INDICTMENTS BY THE GRAND JURY.
The Grand Jury came into the Court of Oyer and Terminer to-day and
presented sixty-seven bills of indictment against as many parties charged
with crime. The jurors having completed their labors Justice PRATT thanked
them for their indrustry and then discharged them. Before they left the
jury room they adopted the following, which they presented to the Court:
RESOLVED, That we, the members of the Grand Jury, tender our thanks to
the Hon. John OAKEY, Assistant District Attorney, for his kind and constant
attendance, and also for the valuable assistance which he rendered during
our several sessions.
The persons indicted will be arraigned in the Court of Sessions on the
first Monday in February, and the trials will begin on the 13th of the same
month.
COUNTERFEITERS SENTENCED.
Wm. SPRINGSTEIN, who pleaded guilty to the charge of making counterfeit
5 cent pieces, was sentenced by Judge BENEDICT to four months' imprisonment
in the Kings County Penitentiary.
James CULLEN, who was convicted of passing counterfeit $5 bills of the
Tamaqua, PA, Bank and of inveigling a young man into the commission of the
same crime, was sentenced to six years' imprisonment in the same
institution.
SURROGATE'S COURT: BEFORE HON. ABRAM H. DAILEY.
Wills proved:
HILLMANN, Frederick
GODKINS, Susan C.
KISSAN?, Benjamin J.
HILLMAN, William
HERN, Eliza Jane
CORR, Owen
CORDIAL, Michael
DOWNS, Lucretia P.
HEIMS, Frederick C. all of the city of Brooklyn;
DeBAUM, Peter of the town of Flatbush.
Letters of administration were granted in the estates of the following
named deceased persons, viz.:
McDONAGH, William
JEWETT, James B.
McKENZIE, Catharine
HAMMEL, Robert
THOMAS, Henrietta M.
STACOM, Patrick
COMBS, Henry
BUCKBEE, Eliza A.
CANDEE, Edward W.
MEIGHAN, John W.
WALTER, Anna M.
COUGHLIN, William
QUICK, Susan
HANLON,
HAMMEL, Elizabeth
DERHAM, Michael W.
PARK, Rosanna
FLYNN, James all of the city of Brooklyn.
Letters of guardianship of the estate
of Charles E. CONTRELL were granted to the New York Life Insurance and Trust Company;
of George A. ARTHUR,
Ellen L. ARTHUR,
Mary E. ARTHUR,
Charles H. ARTHUR,
Alice M. ARTHUR and Grace ARTHUR to Ellen ARTHUR:
of John B. FERRALL to Ann Louisa FERRALL:
of Ella L. FOX, Clarence W. FOX and Henry E. FOX to Maria Louisa FOX:
of Michael J. McGOLDRICK and Thomas F.M. McGOLDRICK to Michael McGOLDRICK:
of Barbara J. BRIGGS to Michal GROB, all of the county of Kings.
NEW POLICEMEN
About ten men have been appointed to the police force since the new
Commissioners took office last November. Although no vacancies at present
exist, the Commissioners have selected from a large number of applicants for
patrol duty such persons as they would feel warranted in appointing if
vacancies were to occur. Hence during the past two weeks about forty men
have been examined by the Board of Surgeons, of which Dr. Alexander J.
ROONEY is President and Dr. James T. BURDICK, Secretary. Of the entire
number, however, less than half have been found physically competent for
police duty.
OLEOMARGARINE
Warrants Taken Out for a Number of Alleged Dealers in the Substance.
On the 5th of last June the Legislature of this State passed a bill
entitiled "An act for the protection of dairymen and to prevent deception in
the sale of butter". It required all oleomargarine exposed for sale to be
properly branded, marked, stamped or labeled. To-day Samuel A. CHURCHILL,
the agent of an association of mechants in butter, organized to detect and
cause to be punished violators of the above law, went before Justice WALSH,
and upon affidavits made by Charles P. BOYNTON and a man named MASON, made
complaint of selling oleomargarine without branding, marking or stamping,
against William TWIDDY, of No. 435 Grand street; John F. TRIBEKEN, of Myrtle
avenue and Bridge street; David SCOTT, of No. 263 Myrtle avenue; and R.
ARMSTRONG, of Graham avenue and Grand street. The complaints declared that
ARMSTRONG and TWIDDY were detected violating the law on the 15th of last
December, and TRIBEKEN on the 10th, and SCOTT on the 5th of the same month.
28 January 1878
THE KILLING OF JAMESON COX.
Preparations for the Inquest in the Fulton Street Accident.
coroner SIMMS has set down for 6:30 o'clock next Tuesday evening, at the
Coroner's office, in the County Court House, the inquest on the body of
Jameson COX, aged eleven, of No. 230 Prince street, killed dyesterday in
Fulton street by being run over by a clarence driven by John PARSENS, of
Flatbush, and containing a number of school girls. The following were
empanelled as a jury:
John J. WALLON, 65 Fleet street
Fred. J. FINCH, Geld and Fulton street
C. SOHNMANN, 69 Fleet street
Patrick McCAFFREY, 65 Fleet street
Samuel D. HAND, 98 Willoughby street
James LEWIS, 196 Prince street
Robert KANE, 307 Gold street.
The following witnesses of the occurrence have been summoned to testify:
Samuel H. H. PENTON, 409 Dean street
Joseph McCaffray, 63 Fleet street
G.W. BROWN, 363 Kosciusko street
George HERMEN?ER, 503 Fulton street.
Dr. SHEPARD, in the presence of several physicians, made a post-mortem
examination of the body yesterday afternoon.
LEGAL BABIES IN COURT
The Sylvan Star Social Club gave a ball at Galintin Hall last November.
The affair, it seems, was not a very peaceable one, for it resulted in the
breaking of numerous panes of French plate glass, in the breakage of
furniture, and the cutting of water pipes. A.S. WHEELER, the propriator of
the building, made a claim for damages on the managers of the club, but his
demands were insolently rejected. He then began an action to Justice
BLOOM's Court for a recovery of his claim.
The cause of action was laid against Peter J. KENNA, James J. SWEENY,
James W. URELL, Wm. a. MARREGE, and about a dozen other co-defendants. The
case came on for a hearing yesterday. A great deal of merriment was created
when counsel for the defendans put in a plea of legal infancy, consequently
non-liability, on behalf of ten of the defendants. The infants, in Indian
file, marched boldly up to the clerk's desk and took the required oath that
they were under twenty years of age. Justice BLOOM dismissed the action as
to the infants, and save judgement for the plaintiff against four of the men
grown defendats. John H. CLAYTON appeard as counsel for the plaintiff, and
George W. RODERICK for the defendants.
IS JEPHTHA WAGENER INSANE?
Jeptha WAGENER, of Holtsvill, L.I., was, on the 1st of January, 1877*,
declared a lunatic on the petition of his wife, and she and her father were
appointed a committee to take charge of the lunatic's estate. Mr. WAGENER
was the inventor and patentee of many valuable improvements for sewing
machines, and his interests in them were claimed to be worth $250,000. Mr.
WAGENER married a lady residing at Flushing about fourteen years ago. The
couple cohabited for eight years, after which they lived unhappily and
finally separated. Two children, one now eight and the other eleven years,
were the issue of the union. Yesterday Counsellor D.S. HARRIMAN, on behalf
of Mr. WAGENER, made an applicaton to Justice GILBERT in the Supreme Court f
or an order to show cause why the lunacy proceedings against his client
should not be vacated on the flollowing grounds:
That the Court had no juriscdiction.
That the papers in the case were insufficiently served.
And that the notice was too short.
That the proceedings were grossly irregular.
That there is no record of the case on file in the County
Clerk's office as required by law.
And that Mr. WAGENER was not present during the lunacy
proceedings, nor was his client insalne, but he had been deprived of his
property and rights and was now an almoner of a friend who keeps a coal yard
in New York.
The lunacy proceedings were conducted before Edgar M. CULLEN, Jr.
lawyer; Dr. John M. CORRY, M.D., and M.F. JAMES. Dr. CORRY did not sign his
name to the report submitted to the Court. The order granted yesterday is
returnable February 15.
Mr. WAGENER was never confined in an insane asylum. It is said that
abundant proof will be furnished at the hearing of the case to show that he
was not insane when the proceedings were taken against him.
*I question the date; think it should be 1878.
SURROGATE’S NOTICE
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: Notice is hereby given, according to law, to all person having
claims against Margaret DUNN, late of the city of Brooklyn, deceased, that
they are required to exhibit the same, with the vouchers thereof, to the
subscribers, the Administrators, at, the residence of John LAPSLEY, 225
Washington avenue, in the city of Brooklyn, on or before the 1st day of
April next.
Dated September 27, 1877
Ann DUNN
John LAPSLEY, Administrators
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings:
Notice is hereby given, according to law, to all person having claims
against Thomas A. HALLIDAY, late of the city of Brooklyn, deceased, that
they are required to exhibit the same, with the vouchers thereof, to the
subscribers, the executors, at their place of transacting business of said
estate, at the office of Jonathan R. POWELL, No. 34 1/2 Pine street, in the
city of New York, on or before the tenth day of June next.
Dated Brooklyn, December 3, 1877.
Adelia C. HALLIDAY, Executrix
John T. HALLIDAY, Executors
Jonathan R. POWELL, Executors
IN PURSUANCE of an order of the Surrogate of Kings County: notice is hereby
given to all person having claims against the estate of Joseph MOTT, late of
the city of Brooklyn, to present the same, with the vouchers thereof, to the
subscriber, at his place of business, 204 Bowery, New York, on or before the
first day of May next.
Wm. MEAD, Administrator
Dated New York, October 29, 1877
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: Notice is hereby given, according to law, to all person having
claims against Nathaniel H. LOOMIS, late of the city of Brooklyn, deceased,
that they are required to exhibit the same, with the vouchers thereof, to
the subscriber, the administratrix, at her place of transacting business, at
the office of Creevey & Clark, Number 5 Pine street, in the city of New
York, on or before the thirteenth day of April next.
Dated October 23, 1877
Julia R. LOOMIS, Administratrix, etc. of Nathaniel H. LOOMIS,deceased.
CREEVEY & CLARK, Proctors for Administratrix, 5 Pine street, New York
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: Notice is hereby given, according to law, to all person having
claims against Jonas BARTLETT, late of the city of Brooklyn, deceased, that
they are required to exhibit the same, with the vouchers thereof, to the
subscribers, the executor, at his place of transacting business, at the
office of A.J. Perry, 2 Nassau street, in the city of New York, on or before
the tenth day of May next.
Dated November 7, 1877.
Addison B. GATES, Executor
IN PURSUANCE of an order of Walter L. LIVINGSTON, Esq., Surrogate of the
County of Kings: Notice is hereby, according to law, to all person having
claims against the Mary BOUGH, late of the City of Brooklyn, deceased, that
they are required to exhibit the same, with the vouchers thereof, to the
subscriber, the administrator, at his residence, No. 340 West Forty-second
street, in the City of New York, on or before the first day of March next.
Dated April 19, 1877
John BOUGH, Administrator
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: - Notice is hereby, according to law, to all person having claims
against the Wilson TUCKER, late of the City of Brooklyn, deceased, that they
are required to exhibit the same, with the vouchers thereof, to the
subscriber, the administratrix, at her residence, 30 Lafayette avenue, in
the city of Brooklyn, on or before the 1st day of May next.
Dated October 25, 1877
Mary E. TUCKER Administratrix
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings:- Notice is hereby, according to law, to all person having claims
against the Ferdinand S. WILMERDING, late of the City of Brooklyn, deceased,
that they are required to exhibit the same, with the vouchers thereof, to
the subscriber, the administratrix, at her place of transacting business at
the office of Benjamin F. TRACY, 189 Montague street, in the City of
Brooklyn, on or before the 17th day of June next.
Dated December 5, 1877
Emma L. WILMERDING, Administratrix
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: - Notice is hereby given, according to law, to all person having
claims against George COLLINS, late of the city of Brooklyn, deceased, that
they are required to exhibit the same, with the vouchers thereof, to the
subscribers, the executors, at the office of Abraham R. FROTHINGHAM, 184
Broadway, in the city of New York, on or before the tenth day of February
next.
Dated August 3, 1877.
Abraham R. FROTHINGHAM
SUMNER R. STONE, Executors
IN PURSUANCE of an order of Abram H. DAILEY, Esq., Surrogate of the County
of Kings: - Notice is hereby, according to law, to all person having claims
against the John F. BAUER, late of the city of Brooklyn, deceased, that they
are required to exhibit the same, with the vouchers thereof, to the
subscriber, the administratrix, at her place of business at 117 Smith
street, in the city of Brooklyn, on or before the 1st day of June next.
Dated November 22, 1877
Gesine D. S. BAUER, Administratrix, with the will annexed.
Theo. D. DIMON, Attorney.
JOHNSON THE WIFE SHOOTER NAILED.
Charles E. JOHNSON, who has been confined in Raymond Street Jail for several
days past, on a charge of shooting with an attempt to kill his wife Flora,
was admitted to bail in the sum of $15,000, by Judge NELSON in the City
Court this afternoon. JOHNSON & SHEPHERD, the former the prisoner’s father,
proprietors of the Fifth avenue stage line, New York, gave the required
bonds, General CATLIN, District-Attorney, appeared for the People, and
General TRACY on behalf of the defendant. General TRACY produced the
affidavits of five physicians to show that the prisoner’s health was being
seriously impaired by his imprisonment. General CATLIN said the act for
which the prisoner stands accused was one of the meat flendish outrages
every committed in this country. Mr. BENEDICT, the father of the injured
lady, favored the release of the prison on bail.
THE SINGULAR HALLUCINATIONS OF GEORGE CARTWRIGHT
Mr. Foster L. BACKUS, counsel for Mrs. Catherine CARTWRIGHT, has obtained
from Justice GILBERT of the Supreme Court, a writ of de lunatico de
inquirendo, in order to have a sheriff’s jury determine as to the sanity of
George CARTWRIGHT, husband of the before-mentioned lady, now confined at the
Lunatic Asylum, Flatbush. Mrs. CARTWRIGHT resides on Myrtle near Tompkins
avenue. She is the daughter of Mr. MILLS, the inventor of a valuable patent
for a steam generator, the right to manufacture which in the United States
he gave to his married daughters and Mr. CARTWRIGHT, and from which they all
have realized a competency. About two years ago Mr. CARTWRIGHT began to
exhibit evidence of aberration of mind, and at times got very violent.
Ordinarily he was very much attached to his wife, but in his insane attacks
he treated her with great cruelty. His hallucinations are specified as
follows: He says he has been President of the United States for two terms,
Emperor of Russia, and has just flogged the Turks; that after he returned
from Europe he went out West and exterminated the Indians. Sitting Bull and
all; that he then went to Washington and married an ???inent Senator’s
daughter; he will send wife No. 2 to Europe shortly, and will then return to
his first wife.
The Court appointed William H. AUSTIN, Charles H. REQUA and Dr. ____, as a
commission to superintend the trial of the case, which will take place next
week. Mr. CARTWRIGHT’s estate is valued at $75,000. He has been married ten
years and has two children.
A LEGAL QUARREL FOR A CHILD - SAD SCENE IN COURT
In the matter of the People, ex rel. John G. KOHLER, a writ of habeas corpus
for the recovery for the custody of Elizabeth KOHLER aged ten, daughter of
the relator, who, it was alleged, was illegally detained by its grandmother,
Mrs. Mary VOGHT, of No. 49 South First-street, E.D., came up in the Supreme
Court today. Mr. KOHLER, the relator, is a druggist, of No. 218 Grand
street. It was set up that the child is the issue of Mr. KOHLER’s second
wife, now deceased. Mrs. VOGHT is the grandmother of the child, and claims
to have had its custody almost ever since its birth and that the father has
not contributed to its suppers or exhibited any paternal care towards it,
and that he merely desired the child’s custody in order to secure a small
sum of money belonging to it. The case came up several days ago, and was
adjourned until today, when it was argued by H. C. BELLOWS for the relator
and Phillip REILLY in opposition.
Justice GILBERT granted an order giving the custody of the child to its
father.
When the father went to take the child from the representative of the
grandmother the little one screamed and refused to go with the father. It
was only by man force that the father secured her custody. The scene was
heart rending.
29 January 1878
In the suit of Joseph SCHULADEN, who is a stock holder in the United Plato
Makers’ Association, on First street, E.D. against his wife Christina, for
divorce on account of adultery with Con. SEMLE. Justice PLATT, of the
Supreme Court, has refused to confirm the report of John P. HUDSON, referee,
in favor of the defendant. His honor says, "I am not quite satisfied to
grant a decree upon this evidence, as I think there is a reasonable doubt as
to the guilt of the defendants. The case is therefore sent back to the
referee, with leave to plaintiff to put in further proof."
A WOMAN WITH TWO HUSBANDS SEEKING RELEASE FROM ONE.
Mary ANGUS has begun an action in the Supreme Court against Henry ANGUS
to have a marriage with the defendant declared void, on the gournd that she
married the latter in the supposition that her first husband, Adolphe NOLTE,
who was an officer in the Fourteenth Regiment during the last Rebellion, was
killed in battle, but that about two years ago she learned that he was alive
and residing at Rochester, N.Y. NOLTE first made the acquaintance of Mary,
whose maiden name was GADES (?) in Germany. He preceded her to this
country, and she followed him in 1858, at his invitation, to this country.
He met her on her arrival at Castle Garden and took her to his boarding
house in Charlton street, New York City, where they were united in marriage,
a city official performing the ceremony; NOLTE refusing the offices of a
minister of the gospel, he being an atheist. NOLTE went to the war and his
wife never heard from him again. After the lapse of several years, on the
3d of June, 1867, Mrs. NOLTE married the defendat ANGUS in this city by Rev.
Dr. A.S. HUNT, then pastor of the Pacific Street Methodist Church. The
matter wqas previously sent to a referee, who yesterday submitted his report
to Justice GILBERT, recommending that the plaintiff's marriage to the
defendant be declared void. Dicision reserved. ANGUS was formerly an
employe at Prospect Park.
30 January 1878
A SAD PICTURE OF DOMESTIC INFELICITY.
Mrs. ROSS Sued Her Husband for Divorce on the Ground of Inhuman Treatment
Miss Alice ROSS Testified that Her Father Horsewhipped Her
The Defendant Denies the Allegations.
Mrs. Anna M. ROSS has begun an action in the Supreme Court against Wm. ROSS
for divorce on the ground of cruel and inhuman treatment. The matter came up
this afternoon before Justice PRATT on a motion of counsel for plaintiff for
counsel fee and alimony pending the trial of the action. The defendant is an
Englishman about fifty years of age. His wife, who was a Miss CRISSIE, is
about twenty-five years of age. She is his second wife, the former one
having died about twelve years ago, leaving three children, two boys and a
girl. Mr. ROSS is a collector for the Williamsbugh Gas Company. The parties
were married in February, 1866, by Rev. G.S. GILBERT, of this city.
Mrs. ROSS in her affidavit swears that her husband has beaten, kicked,
choked and starved her, and used all manner of vile and abusive epithets and
threatened to kill her; that on the 2nd inst. She left him and sought
protection with some lady friends until the 3rd inst., when she returned
home, was ordered out of the house, and prepared to go, when her husband
simulated sickness; that she left him again on the 8th inst., ewing to his
ill conduct, taking her two children, two and a half and five years of age,
with her; that he gets drunk, and on one occasion he horsewhipped her
daughter Alice, seventeen years of age.
Mr. ROSS makes a general denial. His eldest sons, aged twenty-one and
seventeen years, support their father’s denial. Alice ROSS, seventeen years,
corroborates her stepmother, and swears that she has left home fearing her
father, who has often beaten and choked his children; that pretending to be
a Christian, he used indecent and biasphemous language; that one night he
stripped her nude and beat her.
Mrs. ROSS is a supplementary affidavit says that her husband is disposing
of his property, intending to return to England.
Her counsel yesterday replevined furniture which she claims as her
property. Mr. ROSS refused to deliver the goods, but the Sheriff took them
by force.
Justice PRATT reserved his decision.
J. Worden GEDNEY appeared as counsel for the plaintiff, and W. BELL
for the defendant.
HON. JOHN OAKEY VINDICATED BY THE GRAND JURY.
James MYERS, a real estate agent of Myrtle avenue, who, during the past
year, has charged Justices RILEY, SEMIER and GUCK with exacting illegal
fees, and the latter with other offences, has complained that Hon. John
OAKEY, Assistant District-Attorney, in the case of Justice SEMLER, used his
official influence with the Grand Jury to defeat an indictment against the
Justice MYERS complained by letter to District-Attorney CATLIN, and Mr.
OAKEY wrote to a number of the Grand Jurors to vindicate him, which many of
them have done very thoroughly.
PURSUING A FEMALE DEBTOR.
Counsel for Edmund WILLETTS, furniture dealer, in his action against Mrs.
Sarah BROOKE, proprietress of the Buckingham Hotel, Coney Island, to recover
a sum of money for goods sold and delivered, applied to Justice PRATT in the
Supreme Court today for an order to punish the defendant for contempt of
Court for not attending when summoned to appear in supplementary proceedings
as a judgment debtor.
Justice PRATT appointed a receiver of Mrs. BROOKS’ property, and also a
referee to conduct her examination in the WILLETTS case.
31 January 1878
THE ESTATE OF MRS. TAYLOR, OF, CLINTON AVENUE
LETTERS OF ADMINISTRATION GRANTED.
Letters of Administration were granted today in the Surrogate’s Office to
James W. CLELLAND of the estate of Mrs. Caroline TAYLOR. The latter died a
few months ago while her husband was traveling in Europe. She left three
children, Caroline, Marietta and Demitrus. When the husband returned from
Europe he went to his residence in Clinton avenue, where his children were,
and introduced a beautiful lady, whom he informed his children was his
second wife. The new wife at once asserted her supremacy and order the
children out of the house. The latter had no alternative left them as their
father sanctioned the stepmother’s directions, and the children were obliged
to take refuge with their friends. Recently the father took up his temporary
residence in Hoboken, N.J., where he died suddenly on the 5th of January
instant, leaving an estate worth $60,000. Letters of administration were
also taken out on his estate today by Mr. CLELLAND on behalf of the
decendent’s children.
A WEALTHY LUNATIC’S ESTATE.
A motion was made in the Supreme Court today before Justice PRATT, by
Counsellor D. F. McMAHON on behalf of Henry F. DAILEY, proprietor of the
United Square Theatre, New York, to reduce the bonds required to be given by
Mr. DAILEY, who is the committee of the person and estate, of his father,
Matthew DAILEY, who has been adjudged a lunatic. It was alleged that the
bonds were fixed on an ex-parte motion, at $60,000, on behalf of three
sisters of Mr. Henry F. DAILEY. It was urged that the bonds are far too
high, and that Mr. DAILEY’s sisters had them fixed so purposely with a view
ultimately to secure the removal of Mr. DAILEY and the appointment of
William H. LAIMBEER as such committee. Mr. DAILEY claims that he has the
best right to the custody of his afflicted parent, who is now well advanced
in years, and who now resides with him at his (Henry’s) beautiful suburban
residence, 137th street, NewYork.
Mr. DAILEY in an affidavit says that his father is very comfortable and
happy in his present quarters, and is not desirous to change them; that his
income is $6,000 per annum derived from interest on New York City Bonds, and
rentals from real estate. Mr. DAILEY further says he is obligate to render
yearly accounts of his father’s estate, and that a bond of $10,000 would be
ample to all intent and purposes. Counsellor W. C. PARNELLS on behalf of Mr.
DAILEY’s sisters opposed the motion. Decision reserved.
Mr. Henry F. DAILEY was one of the last persons to escape from the building
on the occasion of the Brooklyn Theatre fire.
ARRESTED FOR BIGAMY.
A Very Singular Case before Justice WALSH
Trying to Make a First Wife Appear Crazy to the Neighbors.
Robert BAKER, of 334 Hicks street, was arrested today on a charge of bigamy,
preferred by Catherine BAKER, of 16 Morris street, N.Y., who claims to have
been married to him at St. Peter’s Church, N.Y. the 20th of last October.
The accused was taken before Justice WALSH, and on motion of his counsel,
Mr. Alex T. CARBENTER, his examination was adjourned. Margaret McMAHON, the
second wife, was in Court. She said that he had married BAKER last night.
Father FRANSCIOLA performing the ceremony; that she had never seen him but
once before, and that being a single woman she had allowed friend to arrange
the match. Mrs. BAKER, the first wife, stated that three months ago her
husband entered the employ of a Fort Hamilton milk dealer, as the server of
a milk route; that she called on him once, but on going to find him
yesterday ascertained that he had left and gone to No. 334 Hicks street to
reside; he pretended not to know her, beat her, and then started the story
that she was crazy, that today she learned of his marriage and had him arrested.
-EASTERN DISTRICT
The Persecuted Dentist in Trouble Again.
Mr. Thomas READ, who has frequently advertised himself as the 'persecuted
dentist,- is in difficulty again. It will be recollected that his wife
Elizabeth on two occasions within the past six months had him arrested for
abandonment before Justice GUCK and ELLIOTT, both cases being dismissed
because his wife did not testify that she had demanded support. Last evening
Mr. READ advertised to begin a course of lecturers at the vacant store, 105
Grand street, on 'Positive Law and Moral Justice,' and when he had begun to
warm with his subject, just about the middle of his lecture, Officer
CARROLL, of the Charities Commission, laid his hand upon READ’s shoulder,
and said, 'You are my prisoner, upon a warrant for abandonment, issued by
Justice GUCK!' Mr. READ, in the most dignified manner, said: 'Gentlemen,
don’t stir from your seats; the arm of the law has again clutched me, and as
soon as I am released I will resume my remarks!' So he stepped down and
out, and was held for examination by Justice GUCK this morning.
1 February 1878
Reindictment of an Offender
In the Supreme Court today District Attorney CATLIN, obtained a bench
warrant for arrest of Henry DOBLING who stands charged of a felonious
assault and battery on John SCHNARTZ, a resident of the Eastern
District, by which the victim lost the sight of one of his eyes. The
affair took place two years ago at a saloon on First street. DOBLING
was indicted for the offence, but a nolle prosequi, for some unknown
reason, was entered, by the then District Attorney BRITTON, and the
accused was set at liberty. DOBLING was arrested this forenoon by
Officer James CAVANAUGH, of the District Attorney Office.
The Oleomargarine Question
Mr. T. Mortimer SEAVER, attorney for the National Association for the
Prevention of Adulteration of Butter, presented to Justice WALSH
this morning complaints against the following named parties for the
sale of oleomargarine in violation of the statute regulating
the sale of same:
David SCOTT, 263 Myrtle avenue
R. ARMSTRONG, corner Grand street and Graham avenue
WM. TWIDELY, 435 Grand street
John TRIBEKEN, corner Myrtle avenue and Bridge street.
All the parties waived an examination and were held in the sum
of $200 bail to wait trial at
the Court of Sessions. Dr. Raymond SANITARY, Superintendent
for the Board of Health, examined the specimens of oleomargarine
presented by Mr. C. D. MOULTON, an expert for the association,
and hoped they would afford him an opportunity to act with
them in the suppression of its surreptitious sale; and from
the samples presented, expressed the opinion that it would not
be a difficult matter to detect it from butter.
Kerosene Licenses
Justice WALSH yesterday fined William KING, 697 Bergen street,
and Catharine DUFFY, 55 Bergen, $25 each for not complying with
a law of 1874, which requires every dealer in kerosene oil to
take out a license for selling oil. The parties, after being
requested several times to obey the law, willfully neglected
to do so, and the Corporation Counsel brought suit against them.
A number of similar cases were adjourned until
Thursday next at eleven o’clock a.m.
2 February 1878
The OTTON Divorce Case
Anna E. OTTON obtained a decree of divorce against Alfred OTTEN, In
December, 1864. The defendant recently begun proceedings to have the decree
set aside on the ground that the plaintiff has admitted that there was no
truth in the story she told in reference to defendants criminality. The
matter came up in the Supreme Court, to-day. Argument was heard and
decision reserved.
Note: (named spelled both ways in paper)
Five Hundred Dollars Damages for Libel
The jury in the case of James w. WATTS against Captain W. H. HILTON, to
recover damages for libel, returned a sealed verdict to-day giving the
plaintiff $500 damages. This case was one of the series known as the
Paugborn libels, which grew out of certain statements published in the
Evening Journal, of Jersey City.
Surrogate's Court-Before Hon. Abram H. DAILEY
Wills proved-
Charles JOHNSON CARSON, of Keyport, Monmouth County, New Jersey;
Susan M. EASTMOND,
John NEITHAMER,
John R. PRATT,
Kasper ENGERT,
Joseph OCCHASTER,
George A. WALSH,
Ludwig MILLER,
Magdalena MILLER,
Robert MILLER, all of the City of Brooklyn.
Letters of administration were granted in the estates of the following
named deceased persons, viz:
Peter VOHS or VOBS,
Michael BOYLE,
Caroline SIEGLE,
Matthew B. EASTMAN,
Catharine KLEIN,
Helene BOSSENG,
Caroline TAYLOR,
William T. BOARDMAN,
William H. TAYLOR,
Mary JOHNSON, all of the city of Brooklyn,
Annie POPE, of town of New Utrecht.
Letters of guardianship of the person and estate
of Carrie TAYLOR, were granted to James MCCLELLAND;
of Leonard MISBACH to John SCHAFER;
of Clara F. BUNDES to Peter BUNDES;
of Minnia WEICKER and Kate WEICKER to Minna WEICKER,their mother,
all of the county of Kings.
Dominick and Hugh HARRIGAN, five and eight years of age respectively,
and Anthony HARRIGAN, nine years of age, their cousin, were accused
before Justice ELLIOTT this morning of breaking the arms of a large
mortuary statue valued at $350, in the marble yard of P. FARRELL, 39
North Fifth street, on Christmas Day, by throwing stones at it. The
justice discharged the children.
Clara SMITH was held by Justice GUCK this morning for stealing gaiters
valued at $2 from the store of Catharine WEIS, 165 Graham avenue.
Peter HETTER and John STENGER were found drunk and fighting in the snow
on Leonard street at three o’clock this morning. Justice GUCK fined
them $2 each.
4 February 1878
Alleged Illicit Distiller.
The case of James HALLIDAY, charged with illicitly distilling at North
Sixth and Eleventh streets, and whose factory at that place was seized
last February, was on trial before Judge BENEDICT today. The District
Attorney asked for the forfeiture of his bond of $1,000 on the ground
that he had violated the law. Supervisor MC DONALD appeared for the
defense and claimed that HALLIDAY was engaged only in the manufacture of
dyes. Case still on.
A Lunatic’s Estate.
In the Supreme Court today, Justice PRATT refused the application of
Henry J. DAILEY, committee of the estate of his father, Matthew DAILEY,
a lunatic, to reduce the bond of the petition. The Court appointed. W.
H. LAIMBSER [some missing] committee of the lunatic’s estate, and
continues Henry J. DAILEY as committee of the lunatic’s person.
Arraignments in the Sessions.
The February term of the Court of Sessions begun today. Upwards of
seventy persons charged with crime, against whom indictments were found
by the last Grand Jury were arraigned to plead. The following named
pleaded Guilty:
-Wm. O’DONNELL, Assault and battery.
-Edward WALMALEY, Assault and battery.
-Benj. RAYMOND, Petit Larceny;
-John SULLIVAN, burglary in the third degree.
-James MC DERMOTT, indicted for assault with intent to kill Charles A.
RAMSDEN by stabbing him, pleaded not guilty. His trial was fixed for
the 18th inst.
-The trial of Justice Ludwig SEMLER, who was indicted for extortion, was
set down to the 18th inst.
Surrogate’s Court Before Hon. Abram H. DAILEY.
Wills Proved
Charles Johnson CARSON of Keyport, Monmouth County, New Jersey.
Susan M. EASTMOND
John NEITHAMER
John R, PRATT
Kasper ENGERT
Joseph OECHSTER
George A. WALSH
Ludwig MILLER
Magdalene MILLER
Robert MILLER ALL of Brooklyn.
Letters of Administration were granted in the estates of the following
named deceased persons, viz:
Peter VOHS
Michael BOYLE
Caroline SIEGLE
Matthew B. EASTMAN
Catharine KLEIN
Helene BOSSONG
Caroline TAYLOR
William BOARDMAN
William H. TAYLOR
Mary JOHNSON ALL of the city of Brooklyn
Annie POPE, of the town of New Utrecht
Letters of guardianship off the person and estate of Carrie TAYLOR were
granted to James MC CLELLAND;
Of Leonard MISBACH to John SCHAFER;
Of Clara F. BUNDE to Peter BUNDES;
Of Minnia WEICKER and Kate WEICKER to Minna WEICKER, their mother.
All of the county of Kings
5 February 1878
BRIEF MENTION
Charles Mc GREW of East New York, was held by Justice GUCK this morning
ob suspicion of burglarizing the store of Bernard DENDHOFF, No. 11
Montrose avenue on last Sunday night.
As proof it the mildness of the winter it is quoted in 'Dutchtown' that
Mr. SCHUMACKER, employed at RABER’s brewery, went out near Ridgewood
Reservoir during last month and gathered :'Waldmeister' an herb used in
he preparation of a peculiar wine, well known to all Germans.
Mr. Thomas REED, who calls himself the persecuted dentist, appeared
before Justice GUCK this morning, and procured a change of venue to
Justice Elliott’s Court in the abandonment charges preferred by his
wife, Elizabeth.
Signor Luciana CONTERNNO has begun another action against the Brooklyn
Musical Protective Union for an injunction to retsrain the defendants
from trying him for cutting under the union prices. Conterno says the
union was organized as a social organization, but has been converted
into a trades society with all its objectionable features.
In the suit of Abram VAN BRUNT and others against Catharine VAN BRUNT
and others, an action involving the title to the land upon which the
Manhattan Beach Hotel is situated, Justice GILBERT yesterday appointed
Geo. INGRAHAM reference to take testimony.
Theresa DAVIDSON, who was married to Albert DAVIDSON in 1874, has
begun an action in the Supreme Court for absolute divorce, on the ground
that the defendant was living with one Therese ZELINSKI. A motion was
made before Justice GiILBERT for counsel fee and alimony.
H. T. BESSING, of this city, administrator of his father’s estate, has
begun an action against Redemptorists Fathers, of Baltimore, MD, to
recover $5,000 which was left by his father to that Order, on the ground
that the bequest was illegal.
The Baker Bigamy Case
Robert BAKER, of Fort Hamilton, who is alleged to have unlawfully
burdened himself with two wives, was today held for the Grand Jury by
Justice Walsh.
LONG ISLAND
Suit Against an Ex-Sheriff
In the Circuit Court of Queens County yesterday, the case of Alexander
W. STEVENS against Charles A. SAMMS, as ex-Sheriff of Queens County, was
tried. Mr. Stevens was one of the Trustees of the Astoria & Hunt’s
Point Horse Railroad, and as such had charge of all its property,
bedding thus placed in the interest of the stockholders, of whom the
company borrowed $50,000. The exigencies of the road required that a
second mortgage should be executed, and a deed of trust to secure this
was given to Mr. Stevens and his co-Trustee on the 28th of June, 1875.
The road became embarrassed and did not pay the interest and trustees
took possession.
Subsequently, a Mr. CRUTHER obtained judgment against the road for feed
furnished execution was issued, and Mr. Sammis, then Sheriff, sold the
road The Judge instructed the Jury that the only question was as to the
Amount of damages, and they found a verdict for the plaintiff. Mr.
Sammis, however, is indemnified by Mr. Cruther.
6 February 1878
POLICE JUSTICE DUFFY.
A Unanimous Verdict of Acquittal Rendered.
The trial of Police Justice Duffy, charged with arbitrary and oppressive
conduct in the case of Mary TRAVERS, was resumed in the Court of Common
Pleas, General Term, this morning. The respondent, Justice DUFFY, was
tendered as a witness and sworn, but the Court declared it unnecessary
to go over the story again, and unanimously acquitted him.
The Scavengers’ Case.
Justice BLOOM listened to testimony today in the case of Board of
Health vs Andrew WESSEL et.al. for the alleged emptying of a privy vault
at No. 211 Throop avenue, without a permit. The defense tried to prove
that none of the defendants actually participated in the cleaning.
Justice Bloom reserved his decision.
The BRADLEY - CLANCY Investigation.
Application was made to Sheriff DAGGETT today by the Committee of the
Legislature, appointed to inquire into the claims of Hon. Daniel
BRADLEY to the seat now occupied by John CLANCY in the Assembly for
use of a room in or near the Court House here in which to conduct the
investigation. It is probable that the committee will be allowed to use
the Supervisor’s room.
THE COURTS.
Sentences in the Court of Sessions.
In the Court of Sessions today the following persons having been
previous convicted were arraigned and sentenced as follows:
Wm. O’CONNELL, who was ejected from a railroad car while intoxicated,
when he threw a stone at the conductor, endangering the life of the
passengers, was sent to the Penitentiary for six months.
James O’DONAHUE, grand larceny, was sent to the Penitentiary for five
years. There were six indictments against him for grand larceny and one
for petit larceny.
Jacob MEYER, burglary and grand larceny, was sent to the Penitentiary
for two years.
Edward WALMSLEY, a young man hailing from the "Green" in the Fifteenth
Ward, a noted bruiser, assault and battery, was sent to the Penitentiary
for nine months.
Marcus BEAM, grand larceny, a New York Thief, was sent to the
Penitentiary for five years.
Benjamin RAYMOND, petit larceny, Penitentiary six months.
John SULLIVAN, burglary, Penitentiary three years.
Charles MC GRAW of New York, who was arrested on suspicion of the
burglary at the store of Bernard BENNOFF, 11 Mountain avenue, on Sunday
night, was this morning honorably discharged by Justice Guck.
Wm. DALY, a blacksmith, of 40 Wilson street, was held by Justice
ELLIOTT this morning for beating John BURNS, another blacksmith, who
resides at 64 Prospect street.
Complaints against 'Clams'.
Abraham DELANCY , alias DUNN, alias 'Clams', the alleged sneak thief and
burglar, was arraigned before Justice Walsh this morning, on complaints
sworn to by Anna B. SILVERHORN, of 76 Manhattan avenue; Maggie CLARK,
of 475 Dean street,; and Levi A. BURGES, of No. 95 Prospect place. He
pleaded not guilty, and his case was set down for the 12th instant.
PROTECTING A SAILOR.
Justice WALSH Dispenses Justice After the Manner of Solomon.
A young sailor met James DOUGHERTY, a prize package vender, on the dock
foot of Main street this morning. He was induced to invest a dollar and
got a dollar back. Then he invested two dollars, and finding that he
had gotten nothing grabbed three packages and ran away. Dougherty ran
after him and caught hold of him, and received a terrific blow in the
eye from the young salt’s fist. Officer HORAN then interfered and took
both before Justice WALSH, who on finding a $2 bill in one of the
packages gave it to the sailor and then fined the 'skinner' $3 for
peddling without a license. The sailor was discharged, and went away
smiling at the ease which he had escaped from the land shark.
7 February 1878
John Mc CARTHY and Thomas NOLAN were held for the Grand Jury by
Justice ELLIOTT this morning for burglary; the first named for robbing
the plumber’s shop of P. FLANIGAN, 249 North Seventh street, and NOLAN
for breaking into a liquor store on First street.
The 'persecuted dentist,' Thomas REED, was arraigned for abandoning his
wife, Elizabeth, before Justice ELLIOTT this morning, and the case went
over until next Thursday afternoon.
A Peanut Vender’s Suit.
Mrs. Mary CONWAY, a peanut vendor, recovered a judgment for $50, and
costs in the City Court against Lewis DOHLING (DOBLING ?) for
maliciously destroying plaintiff’s booth situate opposite the entrance
of Myrtle Avenue Park. Plaintiff hired the site upon which her property
stood from one K. RUSELL in the summer of 1876, and the succeeding
summer defendant became lessee of the premises. DOHLING notified Mrs.
CONWAY of his lease of the premises and ordered her to remove her
booth. Plaintiff not acting in the matter promptly, DOHLING, with axe
in hand, broke the booth into kindling wood.
A Convict’s Law Suit for Being Bitten by a Horse.
William DREDGER, a convict in the Penitentiary, has begun an action in
the Supreme Court against the Bay State Shoe & Leather Company, to
recover $3,000 for personal injuries. The case was called for trial
before Justice GILBERT at the Special Term today. The plaintiff, some
years ago was sent to the penitentiary for wife beating, and is now
serving a second term in that institution for larceny. The plaintiff
charges that the defendants had a vicious horse in their service and
that on the 19th of May, 1876 the animal attacked him and bit off a
portion of his lip causing him intense suffering, from the effect of
which he will never recover, that he is disfigured for life, and marred
in his speech.
Counselor for the defendant moved the dismissal of the case on the
ground that the plaintiff was a convict. Justice GILBERT replied that
notwithstanding the facts stated by counsel, the plaintiff had rights.
In consequence of the absence of the plaintiff, the case was dismissed.
Justice ELLIOTT this morning held James CASSIDY, of Division avenue,
this morning, for being found in MAHONEY‘s liquor store at three o’clock
this morning by Sergeant HALLETT with $11 in his pockets alleged to
have been taken from the money drawer, the place having been broken into.
8 February 1878
The suit of Thomas F. ROWLND to restrain the Manhattan Beach Railroad
Co from crossing West street at Oak street, where the former owns
property, having been decided in his favor the railroad company has been
obliged to change the proposed location of the terminus of the route,
and negotiations with the owners of the property at the foot of Quay
street which have for some time been in progress, have ended in that
property, now occupied by Cornelius WINANT as a spar yard, being
purchased.
Henry HERSCH, of Ewen and Ten Eyck streets, was held by Justice GUCK
this morning for hitting his horse with a stone.
WATERED MILK.
The Orphan Asylum Case - Complaint Against Another Dealer.
Justice WALSH rendered his decision this morning in the case of
John V. D. W. TURNER, of No. 122 Prospect street, complained of by Health
Inspector MC CORKLE M.D., for the alleged selling of watered milk to
the Brooklyn Orphan Asylum. TURNER appeared alone, without his
counsel, Mr. RIDGWAY, and the Board of Health was solely represented by
its counsel, Mr. Sidney WILLIAMS. The Justice found the accused
guilty, and sentenced him to pay a fine of $50, or stand committed to
jail for twenty five days. TURNER paid the fine.
The case of John PURCELLO, of No. 456 Warren street, charged by
Inspector J. WILSON, M. D., with selling milk without a permit and
exposing the sale milk below the standard, then came up. Justice WALSH
imposed a sentence of $10 fine or ten days in jail. PURCELL paid the
money.
An Alleged Bad Husband.
John LYNCH, of No. 53 Metropolitan avenue, was committed to jail by
Justice GUCK, this morning, pending examination, on complaint of his
sister in law, Bridget MILLER, of New York, who avers that, last
evening, while her sister, prisoner’s wife, was very ill in bed the
prisoner beat his wife, pulled her out of bed by her hair, and emptied a
waterpail over her.
9 February 1878
The Wife Shooter in a Lunatic Asylum
Charles E. JOHNSON, the husband who shot his wife, Florence, in her
father’s residence at 43 Monroe place, on December 26, has been sent to
the Bloomingdale Asylum for the Insane.
THE COURTS
A Case With Several Novel Features.
The Responsibility of the Sheriff Decided in His Favor in One Case -
A Talking Juror Dismissed - A Legal Infant on the Jury.
The City Court was occupied three days of the present week in the trial
of the action of Chas. L. BERNHEIM against Sheriff DAGGETT to recover
upwards of $3,000 damages sustained by plaintiff by reason of the
non-return of an execution that was not put on record within sixty days
as prescribed by statute. It seems the Sheriff had an execution on a
judgment for $3,700 on the property of Nicholas EHLERS, who formerly
kept a milk establishment in March avenue, where he had 150 cows and
other property. The Sheriff had, also, several other judgments against
the same property. Before the Sheriff levied on the property, which was
in the Spring of 1876, he received a note from Mr. BERNHEIM’s counsel
not to levy on the property or EHLERS, but the Sheriff proceeded and
made the levy under the other judgments he held against it. On the 13th
of April. 1876, the Sheriff proceeded to sell the property at auction,
and had proceeded so far as to get a bid of $7,000 for it, when sale was
stayed by an order of Justice GILBERT, of the Supreme Court, which was
obtained by Colonel E. T. WOOD, counsel for Ehlers. The property was
subsequently advertised for sale from week to week until June 7, 1876,
when it was again sold at auction for $5,000 to the same party who bid
$7,000 at the previous sale. The present suit was to recover the
difference of the loss to plaintiff between the prices named and for
other reasons.
The novel features of the case were that while the case was on trial it
was discovered that the plaintiff, during the recess on Thursday, held a
conversation with one of the jurymen in relation to the case. Judge
NEILSON, learning this fact, ordered the juryman to be withdrawn and
the case to proceed with elven jurymen.
Judge NEILSON charged the jury today. The jury were absent one hour,
when the returned a verdict for the defendant - the Sheriff.
After the jury returned their verdict, counsel for the plaintiff asked
one of the jurors his age. The latter replied that he was twenty years
old - an infant under the law. Counsel attempted to object to the
verdict on that ground, the Court said the objection came too late.
A Lady Pleading Her Own Case.
Mr [Mrs.] Louisa M. STINTON, a lady on the shady side of forty years,
prepossessing appearance, appeared as her own counsel before Justice
PRATT in the Supreme Court today, to oppose a motion to foreclose a
mortgage case brought by Sargent V. BAGLEY, as counsel for James A,.
FLACK, against Mrs. STINTON, James EAGER, and others The mortgage
is a second one for $3,500 on property on Second place. Mrs. STINTON,
in opposing the motion, claimed that owing to illness or the absence of
her attorney from the State, she had been unable to prepare affidavits
to show why the motion should be denied. She further argued that the
real party in interest was a "poor little woman named BROUGHTON," who
resides at Mount Vernon; that $2,200 of the money had been paid, and the
balance should have been paid, but for a singular concatenations of
circumstances; that Mr. BAGLEY was simply anxious to get his costs, and
that he had received $175 without rendering any account thereof; that
Mr. FLACK had never paid a penny for the mortgage and had no valid
interest in it, and also that usurious interest had been extracted.
Mrs. STINTON informed the Court that that was her first attempt at
speech making. The Court reserved its decision.
A Presto, Change, Divorce.
Mrs. Henrietta R. P. HARTLEY has begun an action against Joseph B.
BARTLEY, alias "LE FORT", a professional prestidigateur and magician,
who is now making a tour in the New England States. The defendant is a
native of Norway. This forenoon, Frank MOLOCSAY, appeared before
Justice PRATT and obtained an order to leave to serve the summons and
complaint on the defendant by publication. Mrs. BARTLEY resides at No.
61 Third avenue. In her complaint she set forth she was married to the
defendant at Christiana, Norway, in 1863; that she has four children,
that defendant has been guilty of criminal connection with third parties
at various times and places in Connecticut and Massachusetts.
Surrogate’s Court
Before Hon. Abram H. DAILEY
Wills Proved:
John LEON
Thomas HUNT
Frederick BEHRENS
Henry C. WEBER
Michael O’CONNELL
John J. JACOBS all of the city of Brooklyn.
Letters of Administration were granted in the estates of the following
named deceased persons, viz:
James MC NICHOLL
Peter SCHENNAGEL
Mary KENNY
Ann UPTON
Sarah E. NICHOLS
Henrietta C. DINSMORE
James FOGERTY
Eugene CASSIDY
Oliver LOGAE
Edward K. RICHARS
Moses D. PINE
Magdalene SCHENCK
Kate LANERBREI, formerly Kate TROY
Katherine BRIGGS FALLMER, formerly Katherine BRIGGS
Jerusha GEEKLER all of the city of Brooklyn
Eliza MILLER, of the town of New Lott.
Letters of guardianship of the person and estates :
of Agnes May WILLETTS and Gussie E. WILLETTS to Lena MONSELL, her mother
of Annie REILLEY to Walter J. SCOTT
of Thomas LOGAN to Rebecca LOGAN
of Joseph PINE and Loretta PINE to Thomas B. STAN
all of the county of Kings.
The HALL Lunacy Case -
The Finding of the Commission- Another Inquiry to be Made.
A Sheriff’s jury recently declared Andrew S. HALL, of No. 44 Chauncey
street, a lunatic. The proceeding was based upon the Petition of Mr.
HALL’s wife, Mattie, who in the moving papers, stated that her husband
had been hopelessly insane for ten years. A week or more ago Counsellor
James G. TIGHT, who appeared in the case as counsel for Mrs. Hall,
presented the report of the Commissioners before whom the case was heard
for confirmation to Justice PRATT in the Supreme Court. Today Justice
Pratt returned the report, with orders to reopen the case, and take
further testimony. The Justice said:
"I have carefully read the testimony taken in this proceedings and
personally examined the supposed lunatic, and am constrained to believe
the finding of the jury is not justified by the facts of the case. The
respondent, having presented himself before the Commission and requested
to be examined, I think it was the duty of Commissioners to subject him
to an examination in their presence, and in the presence of the jury.
It is not necessary at this time to discuss the evidence; It is
sufficient to say that my conscience is not satisfied that the finding
is correct. Either an issue must be awarded or the matter sent to a new
commission or a referee for further proofs."
11 February 1878
A Will Contest Settled:
Mrs. Catharine MASON, the widow of a once prominent Brooklyn builder,
died a few months ago, leaving a fortune of $300,000 to be distributed
among her relatives. A few nephews and nieces residing in one of the
county towns were ignored by the testator, whereupon they began a
contest of the will. Considerable testimony was taken before the
Surrogate and before the case was concluded a compromise was made by the
executors and the contestants.
The Divorce Mill.
In the City Court today, Judge NEILSON granted a writ of absolute
divorce in the case of Warren W. POOR vs. Sarah Elizabeth POOR.
In the matter of the action for limited divorce of Sarah A. QUAIL vs
Charles H. QUAIL, Judge Neilson granted plaintiff $6 per week alimony
and $25 counsel fee pending the trial of the action.
12 February 1878
Damages for Injuries to a Venturesome Boy.
On the 17th of August last, Mitchell RICORDS?, aged seven, residing with
his parents at the corner of Fulton and St. Felix streets, was playing
near the depot of the Atlantic Avenue Railroad, Flatbush and Atlantic
avenues. He got on the front platform of an empty car that was standing
on the track. Shortly afterwards a driver with a team of horses came up
to the car, when the horses were attached. The driver ordered the child
to get off the car, started his team, and then made an effort to kick
the boy. The latter fell and sustained severe injuries.
An action was subsequently begun by the child’s parents in the Supreme
Court against the railroad to recover $3,000 damages. The case was
tried in the Circuit Court today before Justice PRATT and a jury.
The defendant set up that the child was standing still when the child
was put off.
The court charged the jury that although the child was a trespasser, and
had no right on the defendant’s car, yet he being an infant, the driver
had no right to compel the child to get off while the car was in
motion. If the jury believed that the car was in motion when the child
was put off, then defendant was liable. The jury retired.
The ROSS Divorce Case.
In the Suit of Mrs. M. ROSS against her husband W. ROSS, for a limited
divorce on the ground of cruelty, Justice PRATT today appointed
Counsellor H. SNELL, as Referee, to take proof.
The Alleged Lunacy of A. S. HALL
Justice PRATT, of the Supreme Court, today appointed Drs. J. L. KEEP,
COREY and F. H. SMITH, to inquire into the sanity of Andrew S. HALL,
the wealthy young man whose wife seeks to have him adjudged a lunatic,
and who a Sheriff’s jury have already declared insane.
A Lawyer in Contempt.
Counsellor STILLWELL, of the firm of STILLWELL & SWAIN, New York, was
fined $75 yesterday by Justice BARNARD, for advising a client of his,
who claimed to be the widow of a Mr. MERRITT, to go to the MERRITT
mansion and take possession, which she did, well knowing at the time
that there was an injunction against his client going to the property.
A Sag Harbor Debtor in Trouble.
Wm. BUCK, of Sag Harbor, L. I., who became bankrupt some time ago, was
arrested at that place this morning on a bench warrant issued by Judge
BENEDICT, charged with concealing his property with intent to defraud
his creditors, and was brought before Commissioner WINSLOW. He was
accompanied by persons ready to give bail for his future appearance when
the amount should be fixed.
13 February 1878
The will of Mott BEDELL, who died on last Thursday, at his residence,
No. 11 Cranberry street, was admitted to probate in the Surrogate office
yesterday. He leaves an estate worth $500,000, and a widow and five
daughters. His daughter Ann D, is the wife of A. A. LOW. The estate
is divided among the children. his daughter,
Amanda A. BEDELL is to enjoy the benefits of a share of the estate
until her marriage, at which time she is to receive $10,000.
The other heirs are
Mary A. TITUS,
Kate B. VAIL, of New Brunswick, NY {NJ?}.
Alexina WILLIAMS of Rutland, Vt,
Alice A. OSBORNE, and Charles K. WILLIAMS.
The Penalty of making a Drunkard.
Ex Supervisor BRESLIN, who keeps a liquor store at the corner of York
and Main streets, was sued by Mrs. Mary HICKMAN for the loss of her
husband’s services on account of defendant’s selling liquor to him. She
laid her damages at $1,000. The case was tried yesterday afternoon in
the County Court, and the jury rendered a verdict in favor of the
plaintiff for $150.
Sentences in the Court of Sessions.
Thomas LANE, who pleaded guilty in the Court of Sessions to a charge of
burglary, was sent to the Penitentiary for one year and six months,.
Stewart ROSS, who pleaded guilty to an indictment charging him with
grand larceny, was sentenced to the Penitentiary for one year and six
months.
John KELLY pleased guilty to burglary in the third degree, and was
remanded for sentence.
A Nolie for Mrs. MERRIGAN Denied.
This forenoon, Justice PRATT, in the Supreme Court, rendered his
decision denying the motion in the matter of the application of the
District Attorney for leave to enter a noile prosequi, in the case of
Mrs. Sarah C. MARRIGAN, indicted for the murder of Maggie HAMMILL, and
for which the accused has already been tried three times, the jury
disagreeing each time.
Judgment against Thomas MC CANN.
Thomas GANNON, coopersmith of Jersey City, received a judgment for
$1,750 against Thos. MC CANN, in the Circuit Court today, on a claim
for work, labor material and services in the manufacture of patent
copper study, which defendant ordered, and then refused to take it.
Robert L. CASE Admitted to Bail.
Robert L. CASE, the convicted President of the Security Life Insurance
Company, was today admitted to the privilege of bail by Justice
DONOHUE, of the New York Supreme Court. The amount was $25,000. The
bondsmen will probably be secured during today or tomorrow.
'Clams' Held for the Grand Jury.
Justice WALSH today held the alleged Fourteenth Ward thief, Abram
DELANCY, alias DOWNING, alias DUNN, alias "CLAMS", to await the
action of the Grand Jury on a charge of burglary, preferred by Mrs. Anna
B. SILVERHORN, of No. 76 Manhattan avenue. He was examined on a
complaint preferred by Maggie CLARK, of 475 Dean street, but the
evidence was not sufficiently strong, and the case dismissed. Mr. John
COONEY defended the accused..
EASTERN DISTRICT
SMITHS who Objected to Being Known.
A peculiar case was decided by Justice GUCK, this morning, who
committed to jail for fifteen days one Maria SMITH, eighteen years of
age, who some days ago stole a pair of gaiter shoes from Christina
WEISS, of 165 Graham avenue. On being arrested the prisoner gave her
name as Clara SMITH and said she resided on Ewen, near Ten Tyck (Ten
Eyck?) street. Her mother, Maria SMITH, was one of the signers of her
bond, and gave the same residence as her daughter. A man calling
himself John COLLINS of Freeman street, Greenpoint, was also on her
bond, but Detective ENNIS found that John COLLINS was really John
SMITH, father of the girl, and the parties all resided on North Ninth
street. The mother and father fought the detective when he rearrested
the girl, and her parents will prosecuted as perjurers.
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Surrogate’s Notices
In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Margaret DUNN, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscribers, the Administrators, at the
residence of John LAPSLEY, 225 Washington avenue, in the city of
Brooklyn, on or before the 1st day of April next. Dated September 27,
1877. Ann DUNN, John LAPSLEY, Administrators
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Thomas A. HALLIDAY, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscribers, the executors, at their place of
transacting the business of said estate, at the office of Jonathan R.
POWELL, No. 34 ½ Pine street, in the City of New York, on or before the
tenth day of June next. Dated Brooklyn, December 3, 1877. Adelia C.
HALLIDAY, Executrix. John T. HALLIDAY, Jonathan R. POWELL, Executors
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In Pursuance of an order of the Surrogate of Kings; Notice is hereby
given to all persons having claims against the estate of Joseph MOTT,
late of the city of Brooklyn, to present the same, with the vouchers
thereof, to the subscriber, at his place of business, 204 Bowery, New
York, on or before the first of May next. Wm. MEAD, Administrator,
Dated October 29,. 1877
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Nathaniel H. LOOMIS, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscriber, the Administratiux, at her place of
transacting business, at the office of CREEVEY & CLARK, No. 5 Pine
street, in the city of New York, on or before the 30th day of April
next. Dated October 23, 1877. Julia R. LOOMIS, Admininistratrix, etc.
of Nathaniel H. LOOMIS, deceased. CREEVEY & CLARK, Proctors for
Administratrix, 5 Pine street, New York.
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Jonas BARTLETT, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscriber, the executor, at his place of
transacting business, at the office of A. J. PERRY, 2 Nassau street, in
the city of New York, on or before the 10th day of May next. Dated
November 7, 1877. Addison B. GATES, Executor.
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Wilson TUCKER, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscriber, the Administratrix, at her
residence 30 Lafayette avenue, in the city of Brooklyn, on or before the
1st day of May next. Dated October 25, 1877 Mary E. TUCKER,
Administratrix.
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Surrogate’s Notice - In Pursuance of an order of Abram H. DAILEY, Esq,
Surrogate of the County of Kings; Notice is hereby given, according to
law, to all persons having claims against Elizabeth LOMER, late of the
city of Brooklyn, deceased, that they are required to exhibit the same,
with the vouchers thereof, to the subscriber, the executor, as his
residence, 375 State street, in the city of Brooklyn, on or before the
1st day of August next. Dated November 9, 1877. Louis C. LOMER,
Executor.
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In Pursuance of an order of Walter L. LIVINGSTON, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Mary BOUGH, late of the city of Brooklyn,
deceased, that they are required to exhibit the same, with the vouchers
thereof, to the subscriber, the Administrator, at his residence No. 240
West Forty Second street, in the city of New York, on or before the 1st
day of March next. Dated April 19, 1877. John BOUGH, Administrator.
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against Ferdinand S. WILMERDING, late of the
city of Brooklyn, deceased, that they are required to exhibit the same,
with the vouchers thereof, to the subscribers, the Administratratrix
at her place of transacting business, at the office of Benjamin F.
TRACY, 189 Montague street, in the city of Brooklyn, on or before the
17th day of June next. Dated December 5, 1877. Emma L. WILMERDING,
Administratratrix
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In Pursuance of an order of Abram H. DAILEY, Esq, Surrogate of the
County of Kings; Notice is hereby given, according to law, to all
persons having claims against John A. BAUER, late of the city of
Brooklyn, deceased, that they are required to exhibit the same, with the
vouchers thereof, to the subscriber, the Administratratrix, at her place
of business, 117 Smith street, in the city of Brooklyn, on or before the
1st day of June next. Dated November 22, 1877. Gesine D. S. BAUER
Administratratrix, with the will annexed. Theo D. DIXON, Attorney.
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NY Supreme Court - County of Kings - William H. KISSAM, plaintiff,
against Edward STEPHENS and Sarah Jane STEPHENS, his wife, Rueben D.
B. Stephens, Nellie M. STEPHENS, and Herman R. STEPHENS,
defendants. Summons - to be tried in the County of Kings.
To the above named defendants and to each of them:
You are hereby summoned to answer the complaint in this action and to
serve a copy of your answer on the plaintiff’s attorney, within twenty
days after the service of this summons, exclusive of the day of service;
and in case of your failure to appear, or answer, judgment will be taken
against you by default for the relief demanded in the complaint. Dated
5th January, 1878
Brewster KISSAM, Plaintiff’s Attorney. Post Office address and Office
No. 170 Broadway, NY City
To the defendants, Reuben D. B. STEPHENS and Herman R. STEPHENS:
The foregoing summons is served upon you by publication, pursuant to an
order of Hon. Calvin E. PRATT, Justice of the Supreme Court of the
State of New York, dated the 19th day of January, 1878, and filed with
the complaint in the office of the clerk of the County of Kings at the
County Court House in the city of Brooklyn.
Brewster KISSAM, Plaintiff’s Attorney.
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New York Supreme Court - County of Kings. Jacob V. B. MARTENSE and
John d. PRINCE, as executors of the last will and testament of Helen A.
MARTENSE, deceased. plaintiffs, against
Henry CLINTON and Eliza CLINTON, his wife;
Albert G. WOODRUFF,
Francis J. MORRIS,
Charles MORGAN,
Adolph SEILER,
Thomas DOWD and Catharine DOWD, his wife; and
Patrick HIGGINS and Ellen HIGGINS, his wife, defendants.
To each of he defendants above named;
You are hereby summoned to answer the complaint in this action, which
was this day filed in the office of the Clerk of the County of Kings at
the Kings County Court House, in the City of Brooklyn, in said County of
Kings in the State of New York, and to serve a copy of your answer to
the said complaint on the subscriber at his office, at No. 44 Court
street, in the said