enter name and hit return
THE COURTS..1877
Brooklyn Union-Argus
2 July 1877
Fred A. OSSER (?) of the Twenty-eighth Regiment lost his passage to Germany
on Saturday by attempting to take his uniform with him. He was arrested by
the Marshal of the regiment and gave up the uniform.
James O’DONNELL, of 9 Agate street was sent to the Penitentiary for six
months by Justice GUCK for stealing his brother’s watch.
Frank SEBACH was held for the Grand Jury this morning by Justice GUCK for
indecently insulting his sinter-in-law.
NEW GRAND JURY
The July Term of the Court of Sessions began today. Judge MOORE impaneled
the following named gentlemen as Grand Jurors:
Timothy DESMOND (foreman)
Jona BROWNELL
James WALLACE
George FARMER
John SCHULTZ
Louis ISRAEL
Stout ROBINSON
George CUTLER
John E. MILLER
Edward CONVIEUX
John W. BAKER
Austin BREED
George A. BOYNTON
R. H. MINOR
Hugh DOHERTY
Martin E. WARREN
Alanson CARTER
Henry SOHM (BOHM ?)
Andrew H. HOLMAN
Adin (?) EDDY
George C. EMONITE
The jury were instructed to take cognizance of none but jail cases.
7 July 1877
The VEEDER Divorce Case
In the case of Mrs. Kate Veeder, wife of congressman Wm. D. Veeder, against
her husband for an amendment of the divorce decree so as to increase the
allowance for the support of her son John from $500 to $1,000 per annum,
Judge NEILSON rendered a decision to-day, giving the children the privilege
of electing which of their parents they will live with, and deciding that
the children should be educated in the city under parental care. If Thomas
elects to remain with his mother, then the latter is entitled to a liberal
allowance for his support.
Wills proved
Harriet G. VANDERPOEL, of the town of New Utrecht
Joseph CAR[?]OW, town of Brooklyn
Annie RODE, town of Brooklyn
Jane DIXON, town of Brooklyn
William STOCK, town of Brooklyn
Letters of Administration were granted in the estates of the following named
deceased persons, viz.:
Cornelius DURYEA, town of Flatbush
Margaret HACKET, town of Flatbush
Henrietta SMITH, city of Brooklyn
Charles F. BRIGGS, city of Brooklyn
John TODD, city of Brooklyn
William H. COOK, city of Brooklyn
Joseph MATHEWMAN, city of Brooklyn
Jennie HORNICK, formerly Jennie BAYLIS, city of Brooklyn
James HINES, city of Brooklyn
Henry A. DAMON, city of Brooklyn
George SHEARMAN, city of Brooklyn
John MARTIN, city of Brooklyn
James FITZSIMMONS, city of Brooklyn
Mary J. O’MARA, formerly Mary J. GANAHAN, city of Brooklyn
Landelin FRAENKLE, city of Brooklyn
Letters of guardianship of the person and estate
of John B. HORNICK were granted to Edward P. HORNICK
of Ida L. HEINZ to August J. BERGERHOFF -all of the county of Kings.
18 July 1877
The Spinola Divorce Case -- Complete Case of Alcoholism
A picture, from nature, was presented in the City Court on Monday,
when affords a (unreadable word) illustration of the results of rum drinking.
In a seat opposite the Judge's bench sat a woman of about forty years of
age, pinched and wan in features, and attired in clothing which showed some
age. Along side of her sat her three children, one Viola, aged fifteen, Wm.
J., aged twelve, and the third one, Charles L., aged ten. The children had
an intellectual appearance but were dressed very shabbily. The lady in
question was Mrs. Mary E. SPINOLA, who was a party plantiff in a suit for
limited divorce against John L. SPINOLA, patent medicine dealer of New York,
and a brother of General Frank B. SPINOLA, Member of Assembly. When the case
was called, W.E.S. FALES appeared as counsel for the plaintiff and General
SPINOLA and L.C. DESSEA for the defendant. Testimony was taken, from which
it appeared that the parties were married in March, 1860; for four years of
their married life they lived happily together. Mr. SPINOLA was a gentleman
of some culture, and moved in good circles. He was a kind husband and
father. After the period named, it was alleged that he became addicted to
the intemperate use of intoxicating liquors, and had failed to furnish
adequate support for his wife and children; that he had become a confirmed
inebriate, and had robbed his wife and children to get money to spend for
whiskey. In his wife's absence, it was further alleged, the defendant was
accustomed to send his children out to beg, and to take the money from them,
and spend it to obtain rum to gratify his insatiable thirst. On one
occasion, when his little daughter had obtained work, and was, with glad
heart, taking her humble earnings to her mother, the defendant, her father,
it is alleged, intercepted her; took her wages from her, and went on a spree.
He is at present working for Dr. BROWN, a patent medicine dealer of Warren
street, New York. His wife obtains her livelihood by hard labor. Judge
McCUE promptly entered the decree asked for.
Sentence of Burglars.
Peter BRUNNER and John NELSON, who were jointly indicted for burglary
in the third degree, in breaking into a liquor store and stealing goods, were
arraigned in the Court of Sessions to-day, and pleaded guilty. Judge MOORE,
in passing sentence upon them, said: "You gentlemen who come over from New
York to commit crime entitle themselves to the full penalty of their crimes,
which in your cases is that you each be sent to the Penitentiary for four
years and six months."
Frank WALSH, who pleaded to an attempt at burglary, was sent to the
Penitentiary for two and... (rest of this article missing).
19 July 1877
A Detective Sued for $10,000 for Breach of Promise of Marriage
Miss Jane McKEE, aged twenty-three, residing in Willoughby street, a
niece of Police Superintendent CAMPBELL, began an action in the City Court
to-day against Detective Patrick H. CORR, to recover $10,000 for breach of
promise of marriage. The parties have been acquainted with each other for
many years. Mr. CORR is a widower, forty six years of age and has several
children. The complaint sets forth certain acts of defendant, committed on
the 7th of June last, and upon which the suit is principally based. Mr.
CORR, it is alleged, called at Bishop LOUGHLIN's residence to get a
dispensation to marry Miss McKEE without publishing the banns, but failed.
Meanwhile Mr. CORR's children persuaded him not to marry the plaintiff. The
summons and complaint were served on defendant this afternoon. Horace GRAVES
is counsel for the defendant.
A Man with Three Wives and One Will.
Henry STEINMACHER, a gold chain manufacturer of Boerum street,
E.D., shot himself on May 23, the day after his wife poisoned herself. The
morning before his death he made his will, leaving all of his property, worth
about $20,000, to his son by his first wife. The will was offered for
probate, but Henry STEINMACHER, the son by the second wife, appeared before
Surrogate DAILEY yesterday as a contestant. The story that he tells is that
his father lived with a woman in Germany before he came to this country, to
whom he was never married. The son mentioned in the will was born to them.
He left her and came to this country, and married the contestant's mother,
the marriage being legally performed. Two or three years ago she procured an
absolute divorce from him. He next married the young girl who poisoned
herself, but there were no children by that marriage. The contestant alleges
that he is the only legal heir, and contests the will on the ground that his
father was insane when he made it. The case was adjourned to await the
arrival of some witnesses from Gemany, who are to prove the illicit relation
of STEINMACHER with the first so-called wife.
Judgment for Overcharges by a Sheriff's Special Deputy.
On July 20, 1875, a judgment for $69.50 was obatined against Wm. N.
WEEKS, a butcher of this city. Execution thereon was issued to Sheriff
DAGGETT on January 21, 1876, and given to one PEPPER to serve, who obtained
$15 from WEEKS, who desired time to settle. WEEKS finally settled with
Deputy Sheriff HARMER and asked credit for the $15 paid PEPPER, which request
was denied and suit was brought by WEEKS against Sheriff DAGGETT and Deputy
Sheriff HARMER for three times the amount of the fee charged. Judge McCUE
to-day gave judgment for the plaintiff for the full amount claimed. PEPPER
was not a deputy sheriff at the time he received the money, but subsequently
was made one, serving, however, only four months, at the end of which time he
was removed by Mr. DAGGETT.
Divorce Granted.
Justice BARNARD, of the Supreme Court, has continued the referee's
report in favor of the plaintiff in the case of Michael MAY against Mary Ann
MAY, a suit to annul a marriage contract on the ground of fraud. The parties
reside at Hempstead, L.I.
Acquitted of Infanticide.
Caroline EDELSTEIN, a single woman, aged twenty-eight, whose father is
a night watchman, was tried and acquitted of a charge of manslaughter in the
fourth degree in killing her infant. The crime was alleged to have taken
place on the 28th of June last. The defendant's testimony in her own behalf
cleared up the suspicion and charge of a criminal offence.
Bath Park Hotel Litigation.
Justice BARNARD, of the Supreme Court, has refused to grant a writ of
assistance to the plaintiff in the action of Martin KEHOE against Michael
McCLOSKEY, the proprietor of the Bath Park Hotel, New Utrecht. Mr. KEHOE
claims to own the property under a foreclosure sale. The Court says the
remedy for the plaintiff is by a suit in ejectment.
Contesting a Will.
Surrogate DAILEY is occupied in hearing the matter of the contest of
the will of Mrs. Sarah PARKER, the wife of the late George PARKER, the once
well-known restauranteur of Willoughby street. Mrs. PARKER only survived her
husband a few months, and died in May last. She had a life estate in her
husband's property, which was $25,000, and she had an estate of $14,000 in
her own right. She left a will in which she bequeathed all her property to
her own relatives. The will is now contested by her husband's sisters, on
the ground that Mrs. PARKER was not of a sound and disposing mind when the
will was made, and further, on account of undue influence used in the making
of the instrument. A relative of Mrs. PARKER also contests the will on the
same ground. Case still on. Counel for the will W. H. HOLLIS; for the
sisters of Mr. PARKER, M. BANTOR and C. W. PLEASANTS; for Mrs. PARKER's
sister, GRAY & DAVENPORT.
21 July 1877
Wills Proved --
Charles TELSCHOW, of the town of New Lots;
Gustav FRIEDRICKS,
Marcus NULLING,
Wm. SIEGLE,
Margaret THOMYSSON,
Adolph GUNTER,
Matilda AYRES,
Henry J. VAN STADEN
George TOBIN, all of the city of Brooklyn.
Letters of Administration were granted in the estates of the following
named deceased persons, viz.:
Mary GOWEN,
Francis MALLISON,
Augustus C. McKINLEY,
Addison FARNSWORTH,
Lemuel N. FREEMAN,
Henry HATFIELD,
Frederick WilliamS,
Michael J. MALONEY,
Mary A. POWERS,
Thomas MULLEN,
Elizabeth MULGREW,
Mary J. WILSON, formerly Mary J. JOYCE, all of the city of Brooklyn.
Letters of Guardianship
of Minna ILLE, Charles ILLE and Johanna ILLE were granted to Bertha ILLE, their mother;
of Joseph McKENNA to Edward F. PHILLIPS;
of Adelina RICHARD and Emily RICHARD to Henry A. RICHARD, all of the County of Kings.
28 July 1877
Kings County Surrogate's Court -- Before Hon. Abram H. Dailey, Surrogate
Letters of administration were granted on the estates of the following
named persons, viz.
To Mary HOEY, on the estate of Daniel HOEY;
to Mary RUSKAMP, on the estate of John ?. RUSKAMP;
to Charles C. STRATTON, on the estate of Elizabeth J. STRATTON;
to Eliza DOWD, on the estate of Michael DOWD;
to Kate CATLING on the estate of William CATLING;
to Lucien FROIDERAUX on the estate of Lucius J. A. FROIDERAUX;
to John F. LANDWESICK on the estate of Anna LANDWESICK;
to Thomas ALEXANDER, on the estate of Susan H. ALEXANDER;
to Alexander H. SMITH on the estate of Thomas G. SMITH;
to James H. WHEATLEY, on the estate of Ella WHEATLEY;
to Emille C. LOOMIS on the estate of Charles B. LOOMIS;
to George STUREN on the estate of Jennie E. STUREN;
to Charles HOWE, Jr., on the estate of Howard A. HOWE, all of the city of Brooklyn,
to William EMERY, on the estate of Mary A. EMERY, of the city of Cambridge, Mass.
Mismanagement of a Trust.
Surrogate DAILEY gave his decision to-day in the case of the estate of
Edward Lawrence O'HARA, an action instituted by Hugh O'HARA, as the ????
friend of Mary C. O'HARA, a minor, to compel Mrs. Harriett O'HARA as guardian
of the latter to render an account of the condition of said minor's estate.
Mrs. O'HARA is the widow of the above named deceased, and her ward is her
step daughter. Her husband, who was a resident of South Brooklyn, died in
1866, leaving an estate worth $100,000 which was disposed of by will. He
left a widow and one child, the latter which was then six years old, was by
his former wife. By the terms of the will the daughter was to have all the
personal, and one-half of the real estate. The personality amounted to
$47,000, out of which was paid a few debts of the testator, and a small
legacy to a friend, leaving a net sum of $84,766.74 to be placed to the
credit of the infant. The real estate was sold at a partition sale, out of
which a further sum of $36,764.26 was placed to the credit of the child, all
of which sums were placed in the County Treasury for safe keeping. Mrs.
O'HARA was appointed by the will guardian of the person and estate of her
step child, and sent her to the Convent of the Sacred Heart, Manhattanville,
New York to receive her education, where Miss O'HARA, who is now a young
lady, is still a pupil. It was alleged before the surrogate that Mrs. O'HARA
had not collected the rents of her own estate but those of her ward and
placed them in a common fund; that she had collected the interest on her
ward's moneys and made a similar disposition of them. The Court sent the
matter to a referee to get an accounting from Mrs. O'HARA. An account was
rendered giving items of receipts and expenses from February, 1866 to July,
1876 in which Miss O'HARA is charged with expenses amounting to $16,013.22.
The Referee's account was approved, but was contested on the ground that many
of the items, especially those in reference to Miss O'HARA's wardrobe, were
mere guesswork on the part of the guardian. Surrogate DAILEY took full
testimony in reference to the matter and has delivered an opinion in which he
says, substantially, that he does not approve of the manner in which Mrs.
O'HARA has administered her ward's estate, orders her to give good and
sufficient security in the sum of $20,000 and to forthwith record all
mortgages held by her in her ward's interest, otherwise the Court will
appoint a new guardian.
2 August 1877
A Fifteen-Years Old Bride
John SLOWERY, a young man, twenty years of age, with a black moustache,
was brought up from the jail to the City Court to-day on a writ of habeas
corpus when his counsel, Dailey, Perrry and Towns, applied for his
discharge on the ground of critical and technical errors in the commitment
under which he is held. The prisoner, when at home, resides at 151
One Hundred and Sixteenth street, New York. The accused, about four
weeks ago, married a young lady in this city, aged fifteen. After
cohabiting with her for two weeks he deserted her. On the 19th of July
he was arrested on the complaint of his young bride on a charge of abandonment.
He was tried before Justice ELLIOTT, and was sent to prison in default
of $[25] bail to pay his wife $3 per week. Judge Roy Bolds after hearing
the arguments in the case, ordered the dischrage of the prisoner. The
latter then "scooted" to get out of the jurisdiction of the Court, in
order to prevent further process against him. He has gone to assist in
gathering the peach crop in Delaware.
Settlement of an Estate
In the matter of the distribution of the estate of Eva RAPELYEA, deceased,
Surrogate DAILEY has allowed the following personal expenses:
To the administrators, David P. RAPELYEA, $77; Isaac A. KUPELUER, $75;
auctioneer's fees, $50; plans and specifications, $25.
Annie Sprague's Lunacy
Justice BARNARD's order affirming the report of the Commissioners declaring
Annie POPE, otherwise known as Anna SPRAGUE, daughter of the late John POPE,
of Bay Ridge, a lunatic, was filed in the County Clerk's office to-day.
An action will forthwith be commenced in the City Court to annul the
marriage betwen Captain SPRAGUE and Miss POPE, on the ground that the
latter was non compos mentis at the time of the nuptials.
4 August 1877
Surrogate's Court -- Before Hon. Abrahm H. Dailey
Wills Proved:
Leonean V. CORTELYOU, of Picateway, New Jersey;
Mary LONG,
Martin LAFFAN,
John PLUEGER,
Mary SCOTT, all of the city of Brooklyn.
Letters of administrations were granted on the estates of the following named
deceased persons, viz:
William P. GRANN,
Mary A. LEPINE,
John LITTLE,
Mary MORRISON,
Sarah A. HALLIDAY,
Rev. John F. TURNER,
John HEALY,
Regina BEUTE,
Jane A. TIERNEY, all of the city of Brooklyn.
Letters of guardianship of the persons and estate
of Emma WAGNER and Anna WAGNER were granted to Charles J. WAGNER;
of Elizabeth MCCORD and Samuel MCCORD to Henry RAY;
of Henry METZGER to Christoper H. METZGER;
of Robert G. ANDERSON, Harry A. ANDERSON, and Lillian ANDERSON to Carman E. ANDERSON;
of Charles DUFFIN to Ebenezer J. HUTCHINGS;
of Emilie W. WILLEY and George P. WILLEY, Jr., to George P. WILLEY, their father;
of Fletcher Harper JONES to William F. Jones, all of the County of Kings.
Is a Marriage without Ceremony Binding?
The Wetmore Divorce Suit -- Motion for Counsel Fee and Alimony Views of Judge Reynolds
Charlotte WETMORE, residing in Eleventh street near Third avenue, has begun
an action for limited divorce in the City Court against Shipmate S. WETMORE,
the proprietor of a paper box manufactory on Columbia street. The matter
came up before Judge REYNOLDS to-day, when John H. KEMBLE, counsel for the
plaintiff, made a motion for counsel fee and alimony pending the trial of
the action. The papers in the case show that prior to the 2d of July, 1871,
the plaintiff and defendant entered into an engagement of marriage; that
defendant was anxious that his father should not know of the affair; that,
when the time appointed for the marriage arrived the defendant urged the
plaintiff to forego the ceremony, and that there could be a valid marriage
without it; that plaintiff relied on the statements of the defendant; that
the latter gave her a wedding ring; that plaintiff assumed defendant's name,
and until March last they lived together as man and wife; that in 1873 a
child was born of which defendant is the father, and that after their
separation the defendant contributed $6 per week for plaintiff's support,
which was continued until a short time ago. The plaintiff also sets forth
that she and her child went on the 27th of June last, on the excursion of
Clinton Commandery, though not in company with her husband; that while there
she met the latter, who violently assaulted and struck her; that on the
evening of the same day the defendant, while in a state of intoxication,
called on plaintiff at her sister's house and threated to shoot her. This
latter statement is corroborated by a sister of the plaintiff, who also
swears to the further fact that the plaintiff was always known and called by
the name of Mrs WETMORE.
The defendant's side of the case was represented by Counselor Henry BURKETT,
who stated to the Court that his client denies all the allegations in the
complaint excepting the fact that he had cohabited with the plaintiff, that
the name of the plaintiff is LANGLEY, and that she was never authorized to
use the name of WETMORE; that plaintiff was never introduced as defendant's
wife; that defendant never thought of, or spoke to plaintiff about a marriage
ceremony; that plaintiff is a mercenary and vicious woman and has harrassed
defendant for the purpose of extorting blackmail, under threats of public
exposure; that defendant resides with his parents at No. 273 Schermerhorn
street, and has so continued to reside with them for many years past.
Counsel thought under the circumstances that plaintiff was entitled to
no relief from the defendant.
Judge REYNOLDS said he thought differently. He said the defendant had placed
himself in an equivocal position; that the allegations of a marriage contract
had gone far enough for the purposes of the motion, and that plaintiff was
entitled to have means to give her a chance to prove the marriage. If they
lived together as man and wife they were married in the eye of the law.. The
Court granted plaintiff $56 counsel fee , and $5 per week alimony.
6 August 1877
THE GUNZER MURDER
THE WIFE OF THE MURDERED MAN ARRESTED ON THE CHARGE OF COMMITTING THE CRIME
SCENES IN THE COURT AT NEWTON
The GUNZER murder is still shrouded in mystery, but the police are actively
engaged upon the case, and judging from the proceedings on Saturday at
Newton, before Justice MARSHALL, the crime will soon be traced to its
perpetrator. The arrest of Mrs. GUNZER, the wife of the murdered man, on the
charge of murder, and her appearance in Court, produced a profound sensation.
Mrs. GUNZER was the first witness called and stuck to the same story she told
the Coroner, namely, that the murdered struck her as well as her husband with
the gunbarrel. The testimony of Lizzie SCHMIDT, Wm. SCHMIDT, Jacob GEBHARD
and several others was then taken, but nothing new was brought out.
The prosecution rested at this point, and the counsel for George MICHE:, who
was arrested as the murderer soon after the murder, moved for his client's
discharge on the ground of insuffiicent evidence to hold him. The motion was
denied, and MICHEL was called to the stand in his own efence. He said he was
at home on the night of May 13. He first learned of the murder on Monday
morning from his wife. He had not been in GUNZER's for two years because of
the trouble between them. He denied ever having threatened GUNZER. On the
day after the murder old Mr. GUNZER came to his house and asked witness what
he thought of the murder of his son. He said: "I can take the murderer in my
arms; she killed him," meaning Mrs. GUNZER.
During the testimony, the man EISLE was very restless, and finally he rose,
left the Court room and ran across the lot toward Jamaica. Two constables
were sent after him.
Detective George ZUNDT testified that he had several conversations with old
Mr. GUNZER about the murder He told witness: "For God's sake arrest Mrs.
GUNZER; you will then have the murderer."
The testimony was here closed, and MICHEL was committed to await the action
of the Grand Jury.
The excitement in the Court at this moment was intense, and when order had
been restored the Judge called out "Mrs. GUNZER." She stood up, and the
Judge said: "You will not leave Court without permission." August GUNZER,
the son of the murdered man, was next called for, and an officer was sent
outside to bring him in. While he was gone Detective ZUNDT swore to a
complaint charging Mrs. Apollonia GUNZER, Lizzie SCHMIDT, and August GUNZER
with the murder of John GUNZER. A warrant was issued for the arrest of
Lizzie SCHMIDT, who had gone home. When brought in August GUNZER, pale as a
corpse, dropped into a chair. Mrs. GUNZER showed great agitation, and when
asked by the Judge whether she was guilty, she burst into tears, and between
her sobs said in a broken voice: "I did not kill him. I am not guilty. It
is too hard for me with a little baby at home. I wish they had got him who
killed my husband. He was a good husband to me." A moment later she said: "
I do not care; I know it will all come out right."
Her son, August, pleaded not guilty. EISLE, the fugitive , was then brought
in. The courtroom was cleared, and the prisoners sent to jail.
7 August 1877
MR. BROCKETT'S TROUBLES -- Mrs. Annie FOSTER, wife of an East Rockaway
fisherman, has accused George BROCKETT, her husband's partner, with having
committed three criminal assaults upon her. Mr. FOSTER has arranged a
separation from his wife, and has commenced a suit for crim. cond. against
BROCKETT. BROCKETT has also been indicted and placed under bonds in the sum
of $1,000. Both trials are down for October.
11 August 1877
Surrogate's Court - Before Hon. Abram H. Dailey-Wills proved --
Mary E. BRADLEY,
Joseph BELLEMY,
Courtland VAN BUEREN,
John M. COOPER
Julia FORLEY, all of the city of Brooklyn.
Letters of administration were granted on the estates of the following deceased
persons, viz.:
Catharine HANLON,
Mary L. DEVLIN,
Eliza KELLY,
James CARDEW,
Mary DEAN
Terence MCGIBNEY, all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Charles WESCOTT were granted to Jeannette BARLOW,
of Mary A. MARA to Ellen A. MORGAN, all of the County of Kings.
Letters of administration with the will annexed were granted on the estates
of the following named deceased persons,viz.:
Hubert K. VAN BEUTEN,
Mary E. BRADLEY
Charles GROSJEAN, all of the city of Brooklyn.
16 August 1877
Contest over a Dead Butcher's Large Fortune
Two Hundred Thousand Dollars to be Fought Over - Provisions of a Will - A
Lucky Adopted Son - Affection for a Servant's Child
Kasper ENGERT, who was formerly a butcher doing business in New York, died at
his residence, No. 182 Montrose avenue, this city, on the 28th of May last,
leaving a widow but no children, and an estate, real and personal, of the
value of $200,000. He also left a number of brothers, and sisters. A few
days ago decedent's wife, Barbara, appeared at the Surrogate's office and
offered for probate what purports to be the last will and testament of Mr.
ENGERT. The will is contested by Killian ENGERT, who is a brother and next of
kin to decedent, who is a painter by trade, residing at No. 283 Tenth street.
It is claimed that on the day of his death Mr. Kasper ENGERT made his will
bequeathing his property in various sums to his relatives and friends, and
also directed that said amounts be expended for the purposes named. The
decedent being unable to sign his name made his mark, and a few hours
afterwards died. The following are among the principal items of bequests
under the will: $600 to the Catholic Church at Volbeck, Germany, to be
applied so far as it will go for the celebration of masses for the repose of
the souls of Michael ENGERT and Andrew VOLOMAUS; $500 to the Roman Catholic
Church of the Holy Trinity, Montrose avenue, E.D. for the repose of the soul
of decedents' wife, Barbara, when she shall have deceased; $2,500 for the
erection of a monument over his grave; $1,000 to Dorothea ZERR, his servant;
$1, 200 to his sister, Theresa ENGERT, who resides in Bavaria, $1,000 to
Kasper WINTERHAM's, a brother in law; $1,000 to his servant;s child known as
Charles ENGERT; to his beloved wife Barbara a life interest in the profits of
his estate. In the event of her remarriage then she is to have an annuity of
$1,500; $2,000 to Dorothea ZERR, decedent's servant; a farm in Sulivan County
and $1,000 to his brother Franz ENGERT (since dead) and $1,000 each to
Franz's three children; $500 to Killian ENGERT, a brother, and $500 each to
the latters three children; $100 each to his wife's and his own god children;
the residue of the estate to decedent's wife and at her death to his adopted
son Charles for the latters benefit forever.
The contestants of the will assert that the estate is worth $200,000 instead
of $20,000 as stated by Mrs. ENGERT; that the paper offerd for probate is not
the last will and testament of the decednet; that it was not subscribed to in
the presence of witnesses; that decedent was not of sound mind and was
therefore incapable of making a will; that the paper was not subscribed to by
the testator at the end thereof; that the paper offered for probate is not
claimed as the last will and testament of the deceased; that no witnesses did
subscribe to the paper at the request of the testator, and lastly that Mr.
ENGERT was in extremis when he signed the document offered for probate. The
case will be tried before Surrogate DAILEY on the 10th instant.
17 August 1877
Contested wills the Order of the Day
An Old Domestic Broil -- a Woman Ignored in Her Husband's Will -- She Objects
to the Probate of the Document
Mr. John W.C. GAY was formerly a dry goods merchant in New York City, his
wife assisting him very materially in the firm. For some unexplained reason
their domestic relations were not of an amicable character, and they lived
unhappily. Mrs. GAY, it is said, was of a cheerful disposition, but her
husband was reticent and dull. They had no children. Twenty years ago they
had a serious quarrel, arising solely, it is stated, out of business, the
wife accusing the husband of dishonesty. This led to their separation. and
the business passed into the control of Mrs. Gay and she still carries it on
at No. [?} Sixth avenue, New York. She is reported to be wealthy. After the
separation Mr. GAY took his residence in Brooklyn, taking a suite of rooms in
a house on Washington street, near [?] Institution. He did not go into any
regular business, but once in a while he would make a real estate venture,
and was frequently very successful. Otherwise he lived as a retired merchant
until July 11th ult., when he died, aged sixty years. He left personal
property of a value of $30,000 and some real estate. He left a last will and
testament bequeathing his property to his nephews, nieces and cousins, the
widow not even being mentioned in it. Among the bequests are the following:
to Ida M. SIGNOR and Elizabeth F. GAY, nieces, each one-fifth of the personal
estate; to Cataline Woolford, Thomas W. and James W. HALLENBECK, nephews, the
remaining three-fifths of the personal estate, in trust during their lives
and at their demise the said amounts to go to their children. The nephews
and nieces reside at Coxsackie, Greene County, N.Y. The decedent's real
estate is bequeathed to Barrett GAY of New York. Elizabeth Frances GAY is
appointed executrix. A few days ago that lady offered the will to probate in
the Surrogate's Court.
The widow is naturally chagrined at the fact that her husband ignored her in
the will and has given notice to the Surrogate that she will contest it, on
the grounds that first, that she is entitled, at all events, to her dower
interest in the estate; second that the paper offered for probate is not the
last will and testament of her husband, and lastly that it was not subscribed
to by the witnesses as required by law. The case was called for a hearing
before Surrogate DAILEY to-day, but was adjourned by consent of counsel.
Another Contested Estate
Samuel FROST, executor of the last will and testament of Charles J. WALLACE,
has been cited to appear before Surrogate DAILEY, to give an account of his
trust. Mr. WALLACE, the decedent, formerly did business as a tailor, in New
York, but resided in the Eastern District. He died in 1853, leaving person
property worth some $20,000. In his will he left one-half of this to his
wife, one fourth to his mother for life, and at her death to the two children
of a deceased sister, Lucy MENDREY and Sarah Jane HART. The mother recently
died, and the children now claim the principal of the estate. Mrs. Jane
WOOD, of the Eastern District, a sister of the testator, to whom he left the
remaining one-fourth of his estate for life, and after her death to the two
persons named above, is contesting their claim to the one-fourth left to the
testator's mother, on the ground that they are not the legitimate children of
the testator's sister, but are fraudulent pretendants. Their mother died in
New South Wales about 1853, and William HART, their father, came on here and
died in Williamsburgh in 1857. The contestant has as yet furnished no proof
of her allegations.
18 August 1877
Surrogate's Court - Before Hon. Abram H. DAILEY
Wills Proved --
Elia A. FITZGERALD, of the city of Jersey City, of New Jersey;
Anna M. FRISCH, of the town of New Lots;
Michael PARNELL,
Joseph ROBINS,
Fredericka ZENKGRAF,
Harriet HAMMER,
Lewis DURANDEON,
Joseph NEIMEYER,
J. H. Hobart PINCKNEY,
Friederich SCHNEIDER,
Friederika SCHMID,
Nicholas GUNLANME,
Michael GERLINGER,
David Friederich Christian HARN, otherwise known as Christian HARN;
Thomas P. RICHARDSON,
Gilbert SIMSON
Michael LICHTENFELS, all of the city of Brooklyn.
Letters of administration were granted on the estates of the following named
deceased persons, viz:
Catharine PIGOT,
Phebe V. SHELLEY,
Stephen ORAN,
Catharine Van BRUNT,
Rebecca DEADMAN,
Alfred AITKEN,
Barbara STONE, formerly Barbara POTTER,
Laura NEADER,
William S.S. RUSSELL,
Eliza J. SNIVERY, formerly Josephine STRICKLAND,
Henry G. ELY, all of the city of Brooklyn.
Letters of guardianship of the person and estate
of William MENKEMAIER were granted to Jacob PFORTZER;
of Johanna M.S. SAUTER and Anna E. M. SAUTER to Jacob MARQUARDT;
of Charles DUNN to Peter MOONEY, all of the county of Kings.
About a Brewery
Casper ILLIG was formerly a thrifty brewer, and did business at the corner of
Lorimer and Senoles streets, E.D. A mortgage on his establishment was
foreclosed and sold under the hammer by the Sheriff Commissioner RABER, who
had an interest in the mortgage, bought the property in, and subsequently
made an agreement with Mr. ILLIG, in which the latter was to have an
opportunity to repurchase the property at $70,000. It is alleged that Mr.
RABER did not keep his agreement and an action has been begun against him in
the City Court to enforce the contract. The complaint in the case is very
voluminous and uninteresting.
25 August 1877
Surrogate's Court -- Before Hon. Abram H. Dailey Wills proved --
James P. KIRKLAND
William JOHNSON, both of the city of Brooklyn.
Letters of Administration were granted in the estates of the following named
deceased persons, viz:
Lucy A. MCLAUGHLIN, of Jersey City, New Jersey;
Daniel BARNES,
James ILLINGWORTH,
Louisa HEIDENREICH,
Joseph JOHNSON,
Catharine COSTIGAN,
Patrick LEE,
Jonathan R. PECK,
Winifred BECKER,
Eliza MULCAHY,
George IRWIN,
Solomon W. SPRATT, all of the city of Brooklyn.
Letters of Guardianship of the persons and estates
of Archille Jean CONSTANTINE, Gustave Henry CONSTANTINE, and
Julie Corinne CONSTANTINE, to Jean B.A. CONSTANTINE;
of Catharine BEISWANGER, John BEISWANGER, Lena BEISWANGER to John BEISWANGER;
of George HORN to Appollonea FETZER,
of Henrietta SMITH, to Aletta A. HARLOUGH;
of James MULCAHY and Thomas MULCAHY to Elizabeth KELLY, all of the county of Kings.
29 August 1877
In Prison For Life
How a Man who Killed His Wife Passes His Time - Asking for Pictures of His Children
Thomas LOWNDES, an Irishman, was tried in the Court of Oyer and Terminer of
this county, in April 1874, on an indictment charging him with the murder of
his wife, March 8, 1874, during a drunken brawl at their house in North Fifth
street, E.D. The murder was of an atrocious character, the evidence showing
that the blood of the dying woman spurted on her innocent children, who were
involuntary witnesses of their father's crime. The prisoner was defended on
the trial by Counsellors A.W. GLEASON and G.G. DAVIS, who were promised no
remuneration for their services. The most prisoner's counsel expected to do
was to save their client's neck from the gibbet; in this they were
successful. The prisoner was found guilty of murder in the second degree,
and was sentenced to State Prison for life. LOWNDES' children, boys, then
aged respectively two and nine years, were sent to St. John's (Catholic)
Home, corner of St. Mark's and Albany avenues, where they yet abide.
Eighteen months ago Counsellor GLEASON received a letter from LOWNDES
enclosing $50 "as part payment for past services." This sum the writer said,
had been saved from extra work. A few days ago, Mr. GLEASON, on his return
from a trip to the Adirondacks, found a package that had come by express
during his absence. On opening it a very handsome ladies' workbox was
discovered, the cover of which was composed of 1,000 pieces of
various-colored woods, all worked in fanciful designs and with artistic
skill. The prisoner fabricated the box during odd hours extending over two
years. This present, the writer LOWNDES said, was sent as a gift to his
faithful counsel. LOWNDES in his letter expressed great gratitude to the
Mother Superior of St. John's Home for the care of his children, and asked
that photographs of the latter might be sent to him, as they are the only
ties he has in the outside world. He further writes: "God knows I have
suffered enough, for my crime is upper most in my mind, not to speak of the
hardship and misery of prison life."
Counsellor GLEASON says that the pictures LOWNDES requests shall be sent to
him are to be accompanied by a cheering letter.
1 September 1877
ACCIDENT TO MR. BARNUM'S GRAND-DAUGHTER
Miss Carried HURD, granddaughter of P. T. BARNUM, while racing with a friend
on the track in Seaside Park yesterday afternoon, was thrown from her pony
as it made a sudden bolt to leave the track. Fortunately the young lady had
not far to fall, and consequently received no injury beyond being stunned
for a few minutes. She thinks in future she will leave hurdle-racing to be
done by the lady riders in her grandfather's hippodrome
SURROGATE'S COURT
The will of Annah Maria DEHNERT, late of the city of Brooklyn, was admitted
to probate.
Letters of Administration were granted on the estates of the following named
deceased persons viz:
James MURRAY
John TAYLOR
Serena ROBBINS
George DANEGER
John GRAY
James BORLAND
John F. PORTER
Mary MILLWATER
Frederick DEMING
Ellen EAGAN
James MAY
Juliet HUMBERT
Oly ANDERSON
James A. BUCKRIDGE
Rudolph LEHMANN
James DYKES
Jacob E. POWER
James H. MACKEY
Edward CRAWFORD
Emilie KROOS
William SCHNEIDER
And Ira C. BUCKELOW, all of the City of Brooklyn
Letters of Guardianship of the person and estate of Elizabeth MCCORD and
Samuel MCCORD were granted to Henry MAY; of Ellen L. ROBBINS, Serena Robbins
and Clarence H. ROBBINS to Aaron S. ROBBINS, of Alice C. D. STENTON to
Louise M. STENTON, all of the County of Kings.
2 September 1877
A CURIOUS WILL CONTEST BEFORE SURROGATE DAILEY
A Dispute Over Charles Wallace's Will - An Aunt
Denies The Legitimacy of Her Sister's Children -All for Money
A singular case is on trial before Surrogate DAILEY to-day. Charles WALLACE,
a wealthy gentleman, resided in Williamsburgh up to 1853. In that year he
went to Savannah, Georgia for the benefit of his health and died there. He
left real and personal property in this city of the value of $50,000. He
left a last will and testament, in which he bequeathed his wife one-half of
his estate; one fourth to his sister, Mrs. Mary Jane WOOD, now of 34 Bedford
avenue, during her lifetime and at her death the principal to go to her
children, if she had any, but if not the amount was to go to the children of
the decedent's other sister, Sarah Jane HART; and a life interest in the
other fourth of the estate to Mrs. Euphemia HOWE, decedent's mother, of
Middle Village, L.I.; and at her death the principal was to go to the
children of her daughter, Sarah Jane Hart. The latter at the time the will
was made was residing with her family in Australia, where she died twenty
years ago. Wm. HART, her husband, and her children, Lucy and Sarah Jane,
then went to England and finally came to this country, first taking up their
residence at their relatives, Mrs. WOOD's, in Williamsburgh, where they
remained a short time, subsequently going to reside with the children's
grandmother, Mrs. HOWE, at Middle Village. The children were always
recognized both by Mrs. HOWE and Mrs. WOOD as the children of Sarah J. HART,
and after the death of Mrs. HOWE the children received the interest on their
portion of the WALLACE estate. The two children, Mrs. Lucy MUNDRAY and
Sarah Jane HART, recently made application to Surrogate DAILEY for an order
directing the executor of the WALLACE estate to pay over the principal sum
now due them, namely $8,000 cash. This application is opposed by Mrs. Jane
W. WOOD, their aunt, on the grounds that the petitioners are not the
children of her sister, Sarah Jane HART, deceased, but are children who were
picked up in England and brought to this country in order to falsely
personate themselves as the children of the decedent's sister. A great deal
of oral and documentary evidence was adduced, but the burden of showing the
legitimacy of the petitioners and the justness of their claim. PLACE &
HARWOOD appeared as counsel for the petitioners.
3 September 1877
"A CURIOUS CASE"
An Unfortunate Dilemma Resulting
From Divorce, Remarriage and Death
(From the Albany Times)
Samuel ROSE was killed by the bursting of a grindstone on the 29th of June,
1877, in the premises attached to Sullivan & Rice's iron works. On the 9th
of July, William HAGAMAN was appointed administrator of the estate and
guardian of Isabella ROSE, the supposed widow, who is under twenty-one years
of age, and who has borne a child which is still living. Surrogate ROGERS
to-day received a petition, of which the following is the substance:
Mary Jane ROSE, of Brooklyn, alleges that she is the widow of Samuel ROSE,
late of Albany deceased; that she was married to him in Brooklyn and lived
with him until shortly before the commencement of the divorce proceedings
hereinafter mentioned; that a child, William ROSE, now in his eleventh year,
was born, the issue of the said marriage, and said child is now living with
the petitioner in Brooklyn. On or about the 2d of July, 1877, Samuel ROSE
died in Albany, and on the 9th of July William HAGAMAN was appointed
administrator of the estate and guardian of Isabella ROSE, the alleged
widow. The petitioner further shows that in September, 1868, she commenced
an action against him in Superior Court at Norwich, Conn. For an absolute
divorce; that on the 3d of November, 1869, the said Court granted to the
petitioner a decree of divorce; that the petitioner, Mary J. ROSE, is the
person described in the decree, and that it has never been reversed, vacated
or set aside. Subsequent to the granting of the decree, and while the same
was in full force and effect, Samuel ROSE married a girl residing in this
city, who is the person described herein as Isabella ROSE, for whom William
HAGAMAN has been appointed guardian. The petitioner further shows that the
marriage took place in this State, and as the petitioner is advised and
believes the same is void under the laws of the State of New York. The
petitioner therefore prays that the administrator, William HAGAMAN, be
restrained from paying out any money to or from setting aside any personal
property for any person claiming to be the widow of said Samuel ROSE,
deceased, except the petitioner.
Surrogate ROGERS ordered William HAGAMAN, Administrator, to appear before
him on the 8th of September.
The decree of divorce granted by the State of Connecticut is attached to the
papers in this case, and does not contain the clause usually included in the
decree and order of the Justices of the Supreme Court of the State of New
York, namely, prohibiting the party from whom a divorce is obtained from
marrying again. If it should be held that the last marriage is void it would
make illegitimate the child born to Isabella ROSE, and render the child born
during Rose's first marriage, and now in Brooklyn, his only legitimate heir.
6 September 1877
BEQUESTS
How A Wealthy Lady Disposed of Her Property
The Will of Mrs. Deborah Mason - Relatives Remembered - Charitable
Associations Cared For - Names of the Legatees
Francis D. MASON was formerly a wealthy and well-known resident of this
city. He died in the summer of 1871, leaving his fortune to his widow,
Deborah W. MASON. They were both prominent members of the Central Baptist
Church. They reside at Bridge street. Mrs. MASON dies a short time ago at
her residence in Bridge street, leaving an estate worth $250,000. She also
left a last will and testament in which is contained the following
PERSONAL BEQUESTS.
To Jane C. HALL, sister of the decedent, a burial plot at Greenwood.
Samuel FURMAN, a nephew, $7,000 cash.
Rebecca PALMER, wife of Hoyt PALMER, $7,000.
Mary Ann ADAMS, wife of Walter ADAMS, $7,000.
Eliza SLATER, wife of Benjamin SLATER, $7,000.
Zebulan FURMAN, in trust a life interest of $7,000, and upon his decease the
principal to be paid to his children.
Jane C. HALL, $1,000.
William Henry HALL, son of the preceding person, $7,000.
Elizabeth Ann SLATER, wife of John SLATER, of Fort Hamilton, $7,000.
Samuel HEGEMAN, $7,000.
Rebecca COLE, wife of William COLE, of Parkville, $7,000.
Kate CLIFTON, wife of Charles CLIFTON, of New York, $5,000 in trust.
Robert HEGEMAN, of Fort Hamilton, a nephew of the decedent, $7,000.
Timothy HEGEMAN, of Illinois, $7,000.
Sarah BOOTS, wife of Samuel BOOTS, of Illinois, $7,000.
Gertrude JENNISON, wife of Alfred JENNISON, of Illinois, $5,800.
John Henry WELLS, of Northville, L. I., $7,000.
John HEGEMAN, of this city, $7,000.
Jane C. LANE, wife of Herbert LANE, of Riverhead, L. I., $7,000.
The children of the late Robert WELLS, $9,000, in trust.
Martha JOYCE, $5,000.
Ruth WEBER, wife of John WEBER, $5,000.
Martha SANDS, daughter of George MASON, $3,000.
George MASON, JR., $3,000.
Isaac MASON, $3,000.
Paul GOODELL, $1,000.
Charlotte MASON, wife of Albert MASON, of OWEGO, N. Y., $1,000.
Charles YOUNG, $3,000.
George B. YOUNG, $2,000.
Jane BROOK, of Binghamton, $2,000.
Ann FULLER, of Taunton, Mass., $3,000.
Sarah STEVENS, of Elizabeth, N. J., $2,000.
Martha MASON, $3,000.
Joseph MASON, of Flushing, $2,000.
Rev. John W. SEARLES, pastor of the Central Baptist Church $8 (or 3), 000.
Harriet BABCOCK, $2,000.
Michael O'NEIL, $1,000.
Mary Ann ADAMS, wife of Walter ADAMS, the house and furniture of decedents
late residence, rent free for two years.
Jane C. HALL, jewelry, silverware and furniture.
7 September 1877
THE GUNSER MURDER
The examination of Jacob EISLE, charged with the murder of Jacob GUNSER, at
East Williamsburgh, was continued before Justice MARSHALL at Newtown
yesterday. As in the previous investigation, much time was consumed by
counsel for the prisoner objecting to the questions of the District
Attorney, and the manner in which they were asked. The examination of Mrs.
GUNSER and the testimony of KLINE were very damaging to the defendant.
After the testimony of several other witnesses had been taken the
prosecution rested, with the understanding that the testimony of Dr. STAHL
and Mrs. GEBHARD should be taken by the Justice and read at the next
examination. An adjournment soon followed till the 18th inst.
8 September 1877
More Divorce Suits
Frank J.FACKRELL has commenced an action in the Supreme Court against his
wife Mary H., for absolute divorce on the grounds of adultery. The parties
were married at Belleville, Sussex County, N. J., in 1872, and have two
children. The conduct complained of occurred in April, 1876, at Newburgh,
where the parties then resided. James SMITH is named in the case as
"particeps criminis." To-day, Justice PRATT, on motion of Michael
GRUSCHONSKI, counsel for the plaintiff, appointed Henry W. BELLOWS referee
to try the case.
Louisa ROSEBRUCK has summoned an action in the City Court against Wm.
ROSEBRUCK for absolute divorce. The parties were married at Hanover,
Germany, in 1869, but for the last five years have resided in the Sixteenth
Ward of this city. The defendant is charged with immoral conduct extending
over the years 1874, 5, 6. 7. The parties separated July 3, 1876. Judge
NEILSON to-day appointed Counsellor John E. NORCROSS to try the case. It is
alleged the defendant is about to take his departure for Australia.
Louisa GREENE residing in Gold street this city has, through her counsel,
Place and Harward, commenced an action in the Supreme Court against George
C. GREENE for divorce on the grounds that the defendant is living with one
Maggie SMITH, at No. 50 East Broadway, New York where they are known as Mr.
and Mrs. George SMITH. The parties to the action were married in this city
in 1870 and have no children. The case has been referred to Counsellor
Francis MULLARKEY to take proof.
In the Supreme Court yesterday, Justice PRATT granted a decree of absolute
divorce in the action Frances D. O'DONNELL against James O'DONNELL.
THE ESTATE OF SAMUEL WHITE
In the matter of the last Will and Testament of the late Samuel WHITE, of
Richmond County, Justice GILBERT, in the Supreme Court to-day discharged
Calvin BARKER and A. J. WHITE as trustees of the estate and appointed Samuel
P. WHITE in their stead.
SURROGATE'S COURT - BEFORE HON. ABRAM H. DAILEY Wills Proved -
Elizabeth Ann BLANK of the town of New Lots;
Alice AUBREY;
John BUROS;
John George ELZENBEEK;
Anton GROSS;
Elizabeth METCALFE;
Clarinda E. MIDER;
Anna Maria SCHEIDT,
Carolina WilliamS;
Elizabeth ZEIGLER;
Mary Ann HATHORN;
Jane JONES;
Thomas MULLIGAN;
Mary Ann ROLLINGER;
Marcella WINN;
James MULDOON;
Johannes SCHARFENBERG
Mathias SCHALLER, all of the city of Brooklyn.
Letters of administration were granted in the estates of the following named
deceased persons, viz.: Jonas CHESHIRE; Jeremiah LYONS; Michael FOLEY; Wm.
H. HOYT; Elizabeth TILL; Abby S. WILSON; John C. WHITNEY; Edward P. CLARKE;
Elizabeth Ann YATES; Sarah WILKINS; Edward GROOVES, and Hedewig DOSCHER, all
of the city of Brooklyn.
Letters of guardianship of the persons and estates
of John COVERT, Jr.,& Frank S. COVERT were granted to John Covert,Sr.,their father;
of John Henry BROCK to Mary BROCK, his mother;
of John Henry DOSCHER to Christian DOSCHER, all of the county of Kings.
10 September 1877
A NEW GRAND JURY
The September term of the Court of Sessions was begun this morning. The
only business transacted was the impanelling of the following named Grand
Jurors:
George BARLOW, foreman
Edward W. PHILLIPS
Joseph J. DALLY
Simon P. COOKEY
Nicholas DALTON
John A. SUTTER, Jr.
Geo. JACOBS
John L. VOORHEES
A. T. UNDERHILL
Wm. HART
John P. DORSCHER
John B. HARNED
John A. DEGROOT
Wm. KNIGHT
Wm. H. DOUBLEDAY
David BEACH
Freeman BACON
Norris EVANS
J. L. JORDAN
Wm. E. JOHNSON
Charles D. PUFFER
John W. ROWLES
and William COLLINS
Judge MOORE delivered the usual charge to the jury, when the latter retired
to their deliberations.
13 September 1877
Louisa BRENNER, of 56 North Sixth street, was sent to the Penitentiary for
sixty days by Justice SEMLER, sitting for Justice ELLIOTT this morning, for
stealing a coat from the front of Patrick FLOYD's store, Grand, near Seventh
street, last evening.
Michael SCHNEIDER, of 173 Ten Eyck street, fond of beating his wife
Elizabeth, was sent on a vacation of sixty days to the Penitentiary this
morning by Justice GUCK.
15 September 1877
DIVORCE GRANTED
In the City Court yesterday, Judge NELLSON granted a decree of absolute
divorce in the case of Emma BOYCE vs. Wm. C. BOYCE, Jr.
SURROGATE'S COURT - BEFORE HON. ABRAM H. DAILEY Wills Proved -
Elizabeth GILLEN,
Emma L. GERMANN,
William MCCORMICK,
Ann Eliza SUYDAM
Gertrude REUSCH, all of the city of Brooklyn
Letters of Administration were granted on the estates of the following named
deceased persons viz.:
V. Bruce GATES,
David HEINER,
John L. WALKER,
Robert M. NORRIS,
John A. MORRIS,
Frank E. FREDERICK,
Elizabeth NELSEN,
James HARPER GROETECLOSS,
Harlan Page TIBBALS,
Johanna SUHR,
Julius FELTMAN,
James DEVITT,
Sarah DORLAND,
Jacob KNOBEL,
William H. SMITH
Elizabeth FLYNN, all of the city of Brooklyn.
Letters of Guardianship of the persons and estates
of John H. BROCK were granted to Mary BROCK,
of John H. DOSCHER to Christian DOSCHER,
of Julius F. SMITH and Willard P. SMITH to Theodore SHOTWELL,
of Edward MARX, Celia MARX, Clara MARX and Hattie MARX to Barbara MARX,
of Emma BAYER and Frederick BAYER to Catharine BAYER,
of Benjamin Franklin WHITE to James M. WHITE, all of the County of Kings.
19 September 1877
A SUIT ABOUT MONTAUK LANDS
Robert M. GRINNELL and wife commenced an action in the Supreme Court a
short time ago against Edward BAKER and 100 other defendants who are
shareholders or owners in Montauk Point lands. The matter came up
before Justice PRATT yesterday on a motion made by plaintiff's counsel
for leave to amend the complaint. The action is brought for a partition
of the property which consists of 9,000 acres located as before
mentioned, including what is known as Napeag Beach. The land was
purchased originally from Indians by citizens of East Hampton, and is
now held by their descendants. It is represented by thirty-five
three-eighth shares, each full share being valued at L40 sterling. The
plaintiffs own but a L5 interest in shares which they hold. Each
shareholder is entitled to have eight head of cattle graze on the land
for every L1 share or interest held by them, while to the Indians who
have an interest in the property, is reserved the right to reside on
the lands, keep cattle and cut wood. It is said the while object of
plaintiff's suit is to assist a company of New York capitalists to
obtain title to a portion of the property for the purpose of
establishing a fashionable watering hole at Montauk Point. At present
there are but three or four houses there.
The defendants set up that the land cannot be partitioned, as it belongs
to a corporation brought into existence by an act of the Legislature
passed in 1852. Further, that the Indians have proprietary rights in
the estate which are indefeasible. The application for the amendment of
the complaint is for the purpose of including the Indians as defendants.
The motion was opposed on the grounds that the Indians are wards of the
State and could not be impleaded.
Decision reserved.
A CONTESTED WILL CASE
John WENN, of Maujer street, E. D., died on the 6th of August last last
(sic) while on a visit to Germany. He left a will in which he
bequeathed his property valued at $2,000, to be divided among his
relatives, with the exception of his brother Peter WENN. The latter
will contest the will and will apply to the Supreme Court for an order
requiring John Joseph WENN, executor, to render an account. $1,700 in
cash belonging to the estate of decedent is in the hands of Isaac
TRAYHANDS, undertaker, E. D. F. W. OBERNIER is counsel for Peter WENN.
22 September 1877
THE COURTS
SURROGATE'S COURT - BEFORE HON. ABRAM H. DAILEY
Wills proved -
William SCRIVAN, of the town of Flatbush
William DE LA MONTAGUIE
Eliza A. BORDETTE
Thomas EBBS
Frederick ELMER
Margaret SPRAGUE
Frederick RHEINFRANK
Samuel R. MOUNT
Maurice WALSH
Barnard DWINING
Harriet E. REYNOLDS
Collin SMITH
George POPP
Harry C. BALDWIN
Mary MORAN
T. Edward FLEET
David R. MANNING
Theresia BOSCH
and Theresa L. CALDWELL, all of the city of Brooklyn.
In the will of Theresa L. CALDWELL appear the following legatees: To the
Colored Orphan Asylum of the city of Brooklyn, $2,000; to the Colored
Old Ladies Home of the city of Brooklyn, $1,000; Brooklyn Industrial
School Association of the Eastern District of Brooklyn, $1,080.
Letters of administration were granted on the estates of the following
named deceased persons, viz.:
Theresa SCHMITT of the town of New Lots
William ELLIS of the town of Flatlands
Abigail VAN BRUNT of the town of New Utrecht
Curtis ACKERLY,
Ann S. LEACH,
Hannah A. WRIGHT,
Robt. C. YOUNG,
Frederick THYLER,
Mary E. WAGNER, formerly Mary E. DOOLEY,
Ann MANGUM,
Mehitable W. MORRILL,
Daniel MCGEE
Louisa MEYER, all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Ferdinand A. KELLER were granted to August KELLER, his father;
of Ida E. TROWBRIDGE to George PERKINS;
of Antoinette W. BOOTH and John W. BOOTH to John B. SNOOK;
of Ann Eliza THYLER to Eliza THYLER her mother;
of Otto GUNTHER to John C. F. Kruger, his uncle; all of the county of Kings.
CAPTAIN ENCKE'S DIVORCE SUIT
Mrs. Catherine ENCKE has commenced an action for limited divorce in the
City Court against Capt. Christian ENCKE, an ex-officer of the old Fifth
Army Corps, but at present the proprietor of a lager beer saloon at the
corner of Myrtle avenue and North Elliott place. Mrs. ENCKE in her
complaint charges her husband with cruel and inhuman treatment and with
habitual drunkenness. Col. Henry MEYENBURG is the counsel for
plaintiff. The latter is now residing with her relatives in New Jersey.
The parties were married in 1860 and have no children.
29 September 1877
DIVORCE DISMISSED
In the City Court to-day, on motion of counsel for the defendant in the
case of William KELLY vs. Mary Ann KELLY, an action for absolute
divorce. Judge NEILSON dismissed the case on the ground that the
plaintiff failed to pay alimony to defendant, as directed by the Court.
SURROGATE'S COURT -BEFORE HON. ABRAM H. DAILEY-Wills proved -
Helen AIKEN Phillips,
Sarah Ann WATERHOUSE,
Caroline TAYLOR,
William J. COFFIN,
James YATES,
James GRIMES,
Isaac WILKES,
Philip CANTLON,
John HALSEY,
Frederick F. PHILLIPS,
Timothy LOCKWOOD, all of the city of Brooklyn.
Letters of administration were granted on the estates of the following
named deceased persons viz.:
James CAMPBELL,
Samuel BOOTH,
Augustus H. BADGER,
Bernard MARCUS,
Frances BADGER,
James MAIRS,
Peter KEENAN,
James YOUNGS,
Margaret WELSH,
George R. MOOREHOUSE,
Sarah C. RICHARDS,
Charles SCHEICHER,
Celia V. MALLERY,
Margaret KENNIFF,
Johanne REICH(E or S),
Frederick F. PHILLIPS,
Christian BONAVENBURN,
John BORINI,
John K. MUNDELL,
Jonah R. CROW,
Edwin H. STARR, all of the city of Brooklyn.
Letters of guardianship of the persons and estates
of Patrick KELLY,Jr., and Mary KELLY were granted to Patrick KELLY,
all of the town of Gravesend;
of Jennie E. COBORNE to Elizabeth A. HATFIELD;
of Patrick CLEARY to Joseph CLEARY;
of Henry HANSEN to Wilhelmina THIEMANN;
of Julia Ovington to John W. CAMPBELL, all of the city of Brooklyn.
ARRAIGNMENTS IN THE COURT OF SESSIONS
The Grand Jury came into the Court of Sessions to-day and submitted a
number of indictments against the following named persons, who were
arraigned to plead to charges against them:
Terence MCCORMICK and Lawrence O'BRIEN, grand larceny, pleaded not guilty.
Honora MCCORMICK, assault with intent to do bodily harm, pleaded not guilty.
Edward KEEGAN, Owen KEEGAN, Wm. KEEGAN and Patrick WELCH, indicted for
attempting to kill Catharine MCENNERY, all pleaded not guilty.
James ACKERMAN and John FLEMING, burglary third degree, pleaded not guilty.
Maria MCDERMOTT, ten indictments for obtaining money under false
pretenses, pleaded not guilty.
Louis LITTELL, embezzlement and grand larceny, pleaded not guilty.
Catharine SAUNDERS, misdemeanor in concealing the birth of a child,
pleaded not guilty.
4 October 1877
The Contest for the Surrogateship
The legal contest for the Surrogateship of this County, between Walter L.
LIVINGSTON, the ex-Surrogate, and Judge DAILEY, the present incumbent of the
office, has still got vitality. Mr. LIVINGSTON'S counsel, will in a day or
two, confer with Mr. DAILEY'S counsel in order to settle on the points for
printing, to be used in the arguments on the appeal. The matter will be
arraigned in the Court of Appeals during the ensuing winter.
Divorce Case Settled
Miss Mary GREGORY, of No. 101 Patchen Avenue, recently began a suit in the
City Court against Richard GREGORY, for a limited divorce, on the ground of
ill-treatment. Judge REYNOLDS sent the case before Counsellor N.P. O'BRIEN
as Reference (hard to read that word) to take proof. Before the trial was
completed, the parties effected a reconciliation.
Restored To His Parents
The three-year old son of Samuel DONNELL, of No. 147 Jay Street, whose
strange disappearance was noticed yesterday, was taken home yesterday
afternoon by the young woman, Mary McCLURE, to whom the mother had entrusted
the little one. Mary's explanation was that she had spent the night at a
friend's house.
A Brewer Come to Grief
Deputy Collectors COCHEU and O'DONNELL yesterday seized the WEISS Beer
Brewery of William GUNTHER, at 256 South Fifth Street, E.D., for making false
entries in his book and for selling and removing beer without paying the tax
thereon. Brewer's utensils and apparatus, horses, wagons, etc., were
captured to the value of about $2,000, and the property placed in possession
of the U.S. Marshal.
8 October 1877
Surrogate's Court Before Hon. Abram H. Dailey Wills Proved -
BENTON, Sarah A.
BRADY, John
BURST, Dorcas
DORG, Mary
GLADE, Everhardine
GRAY, Sarah H.
HOEY, Patrick
HOWES, Huldah
LOWERY, John (could be BOWERY)
TOWNSEND, Joseph ...All of Brooklyn
KING, Hannah, of the town of Flatlands
LETTERS OF ADMINISTRATION - were granted on the estates of the following
named deceased persons, viz: (all of the City of Brooklyn)
AMANO, Carl
CARMICHAEL, Jesse A.
COVERT, Caroline F.
CROOK, Jemma
FURRY, James
GETT, George W.
HORAN, Henry
LEES, Lacy B.
LEWIS, Emeline
MURRAY, Mary
OKETIV, Anna V.
OTIS, James J.
ROSS, Amelia
VAN VORHIS, Maria
WILSON, Benjamin D.
WILSON, Elizabeth
LETTERS OF GUARDIANSHIP OF THE PERSONS AND ESTATES OF:
Annie ASTON and Walter ASTON to Ralph ASTON
Rebecca LEWIS to Emmaline LEWIS
Wm. D. La MONTAGHNIE PLACE to Fletcher PLACE
Ada ROSS to Robert ROSS All of the City of Brooklyn
20 October 1877
Surrogates Court - Before the Hon. Abram H. Dailey Wills Proved:
Zebulen B. VAN WYCK - of the Town of Flatbush
Skidmore WRIGHT - of the Town of New Lots
AHRENS, Martin W.
ALSEN, Martin
BRANDT, Christina M.H.
DODGE, Edward
GODKINS, Joan
HALL, Milton
HODGETTS, Coartes
KILMARTIN, Frederick
LYNCH, Thomas
MARHOEFER, Catharine
RIESS, Margaretha- all of the City of Brooklyn
Letters of Administration were granted on the estate of the
following named deceased persons:
ADAMS, Annie
BREWER, John
CATHCASTLE, Bridget
COLLINS, Elizabeth A.
DAVIDSON, Joseph A.
FROTHINGHAM, Caroline C.
GANLEY, Thomas
GIBSON, Thomas M.
GILLESPIE, Thomas
JACKSON, Jane
KELLY, Peter
LOOMIS, Ann E.
McADAM, Catharine
McCAFFREY, Margaret
MANN, Ann M.
MASTERSON, Catharine
PROESLER, Maria
RAMSDELL, David D.
SMITH, John, Jr.
WOEKS, Levi, Jr. (could be Works)
WOOD, Adeline H.
WOODS, Mattie --all from the City of Brooklyn:
WILLIAMSON, Joanna - from the Town of Flatlands
BROWN, Eleanor - from the Town of Flatlands
HOFER, Harry H. - from the Town of Richmond, County of Madison, State of Kentucky
23 October 1877
TEN YEARS FOR ABDUCTING A CHILD
In the Court of General Sessions, New York, to-day, JANE LOUGHLIN, who was
convicted yesterday of abducting ANNIE COSTELLO, a child six years of age,
from her home, was sentenced to ten years in the Penitentiary.
26 October 1877
SENTENCE OF CRIMINAL IN THE SESSIONS
In the Court of Sessions to-day, Judge MOORE passed sentence upon the
following named criminals:
BURKER, BRIDGET, for keeping a disorderly house, 6mths in the Penitentiary.
CARROLL, JOHN, assault & battery, with intent to do bodily harm,
1yr in the penitentiary.
DENHAM, HENRY, embezzlement, four months in the Penitentiary.
GERRAGHTY, THOMAS, burglary, in the 2d degree, 3years & 6mths in the Penitentiary.
KANE, JANE, aged sixty, grand larceny, 1yr in the Penitentiary.
McCORMICK, HONORA, assault & battery with intent to do bodily harm,
6mths in the Penitentiary.
SAUNDERS, CATHERINE, misdemeanor, six months in the Penitentiary.
WILLIAMS, THOMAS, assault and battery, nine months in the Penitentiary.
DENGLE'S WIFE
JOSEPH DENGLE, undertaker, of No. 32 Thorton Street, E.D., has begun an
action for limited divorce in the Supreme Court against his wife, Teresa on
the ground of cruel and inhumane treatment. In July last, Mr. DENGLE, a
widower with four children, married Mrs. TERESA MEYER, a widow having one
child. MR. DENGLE in his complaint in his action for divorce sets forth that
his wife is in the habit of beating, kicking and dragging him over the floor
as if he were a mop; that she frequently arms herself with a butcher's knife
and carried it in her belt breathing words of "vengeance and death against
him, and threatening to take his scalp." The suit was begun on the 17th
inst.. JOHN STREIB is counsel for the plaintiff.
27 October 1877
SURROGATE'S COURT - BEFORE HON. A.H. DAILEY Wills proved -
CATTE, Martha
ERBEN, Peter
FROEHLICK, Andrew
HURLBUT, William W.
McMANUS, Patrick
RAWDON, Ralph
REISS, John all of the city of Brooklyn
Letters of Administration were granted in the estates of the following named
deceased persons, viz:
all of the city of Brooklyn:
ALEXANDER, Sarah
ARTHUR, John
COLEMAN,A.M. Francis (otherwise known as Annie COLEMAN)
EDWARDS, Julia A.
HAYSER, Walter S.
HEESE, John F.
KENNY, William
LYNCH, Mary
MALONEY, Michael J.
MARTIN, Ellen
MAXWELL, Joseph
McCARVILLE, Martha
O'MARA, Ellen
RICHARDS, Charles H.
RICHARDS, Sarah H.
SEIG, Rupert
WALKER, Patrick
and BENNELL, John - of the town of Flatlands
Letters of guardianship of the persons and estate of:
CORTELYOU, William R.
CORTELYOU, Sarah F.
CORTELYOU, Addie B. were granted to J. Adaline B. CORTELYOU, their mother,
all of the city of Brooklyn.
3 November 1877
SURROGATE'S COURT,KINGS COUNTY -
Wills proved--
William MORGAN,
Catharine K LIVINGSTON,
John G. WHIPPLE,
Joseph HAMMEL,
David GRANSS, sometimes called, David KREANS;
Jane BETTS HANSON,
John HOENINGER,
Sarah W. BONTING,
Crichton S. RAIT,
Mary I. QUINN, all of the city of Brooklyn.
Letters of Administration were granted in the estates of the following named
deceased persons, viz:
Elizabeth ROSSBOTTOM, formerly Elizabeth HULLISSEY;
Otto SCHNEELOCK;
Ann MASTERSON, M
ary FAULKENER, formely Mary RUDDY;
Francis KINRUAN
William GILMORE
Elizabeth McKEOWN formeRly Elizabeth McCOURT, all of the city of Brooklyn.
Letters of guardianship of the persons and estates
of Conrad SCHNEELOCK,Agnes SUEENLOCK, and Emil SCHNEELOCK were granted to Maria D.
SCHNEELOCK their mother;
of Sarah O'NEIL and ???? O'NEIL to Eliza KAVANAUGN, their mother,
of Anna HIGGINS, to William HIGGINS, her father
of Thomas DOLAN, to James DOLAN, all of the County of Kings
5 November 1877
A NEW GRAND JURY
The November term of the Court of Oyer and Terminer commenced to day,
Justice Baroad presiding. A new Grand Jury was impaneled, the Court in this
charge to them, called the attention of the jurors to violations of the
lottery laws, usury extortion, the excise laws,and particularly, to the
violations of laws relative to the preservation of the electry., franchise:
also in reference to selling liquors on election days and on Sundays. The
following is a list of the names of the jury men;
Wm.M. Parks, foreman,
Wm. Hardrop,
Gilbert Picks,
Richard D. Crotty,
Peter W. Johnson,
Edward H.R. Lyman,
Michael Kearney,
Peter Remsen,
Charles H Hyde,
Michael Ragan,
Chas. McGee,
John Burrill,
George W. Acret,
F.P.Hall,
Henry G.Reeve.,
Walter D. Franklin,
Herman R. Mensing,
Edward S. Ryder,
William X Gibson,
Dewitt C. Daniel,
James Babe,
E.S. Litchfield,
Edwin E. Bowen
7 November 1877
DEFENSE CLAIMS CHAPIN WAS VICTIM OF PARESIS
The second hearing of the lunacy commission into the case of Charles E.
CHAPIN, lately city editor of the "Evening World," who killed his wife on
Sept. 17 at the Cumberland Hotel, is taking place to-day in the library of
the Criminal Courts building, Manhattan. The defense to-day tried to prove
that CHAPIN was sane but eccentric for years and that a few months before
the killing Mrs. CHAPIN, he developed paresis.
10 November 1877
SURROGATE'S COURT-- BEFORE HON. ABRAM H. DAILEY
Wills proved---
John FARRELL,
William H. HITCHCOOK,
Eliza STEWART,
Elizabeth WARD,
Angelina U. GREENE,
Caroline SWAN, all of the city of Brooklyn
Letters of administration were granted to the estates of the following
named deceased persons, viz:
Robert I WALKER,
Marianna R, MORGAN,
George McBRIDE,
John GREEN,
John MURPHY,
Daniel BARNES,all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Thomas DOLAN to James DOLAN, of the city of Brooklyn.
19 November 1877
Wills proved
Harriet WALTER,
Colin KELLOGG,
Edward A.HANFORD,
Elizabeth O.JE??S,
Margaret SIMEOHSON,
Mary S. WHITE,
Robert D.ANDERSON,
Julia FLAHERTY,
William M. ROBBINS,
Henry SCHOONMAKER,
Valentine SCHNNELZ?R,
George PESINGER,
Edward FOSTER,
Emeltine W.HUGHES,all of the city of Brooklyn.
Letters of administration were granted on the estates of the following named
deceased persons.viz;
John MAGANHRY,
Sarah STENT,
William SPARKS,
John FITZPATRICK,
Charles TAYLOR,
Michael HE.DOHERTY,
Patrick WARD,
Henry SCHOONMAKER,
Peter ORBEN,
Martha OREHS,
Henry C. FOSTER,
James I. SPATH,
Thomas CROWTHERS,
Louisa A. GRIENNE,
Mary A.O. NEVINS, formerly Mary A.NEVINS;
Thomas C, WHITNEY,
Jane HOWE,
Charles SU??,
John KLAPKA,
Frederick KAMMANN,
Dorothy KAMMANN,
Rosanna T, JONES,
Maria SPAHN, formerly Maria YUNG,
George H. SHUOLE,all of the city of Brooklyn,
Mary KUNGE of the town of New Lots.
Letters of guardianship of the persons and estates
of Elmira WRIGHT were granted to Charles COLMAN, of the town of New Lots;
of Albert S. MINNER,Adelina MINNER, Eugene MINNER, and Frances MINNER
to Catharine MINNER, their mother ;
of Winfield L. KINCAID, Annabella KINCAID, Robert A. KINCAID,
Victoria A. KINCAID, and Florence N. KINCAID, to Isabella B KINCAID, their mother,
all of the city of Brooklyn:
of Caroline KAMMANN, Dorothea KAMMANN,and Mary KAMMANN TO Henry KAMMANN
of Woodhaven, Jamaica, L.I.
A DIVORCE STORY DENIED.
Mr. ANTHON, the Fulton street barber, also was a witness for the defences
in the suit of Oswald MILLER against his wife Margaret for divorce on the
ground of adultery, denies the story that his wife has begun a suit against
him for divorce on the ground that he was purtieeps cramin??.
24 November 1877
Wills proved-
James THOMPSON,
Edmund CARLTON,
Charles H. SCHAFFER,
David G. LUHRS,
Timothy W. POWELL,
Mary E. CAREY,
Thomas HUNT,
James MCDONALD,
Abram VANDEWOORT,
Sarah A. CLEMENT, all of the city of Brooklyn.
In the will of James MCDONALD appear a legacy of $100. to bishops of Long
Island toward the erection of a new Cathedral and$50. for the benefit of the
schools connected with the Church of the Assumption.
In the will of Mary CAREY, deceased, appear a legacy of $1,000 to the
Society for the Relief of Respectable Aged Indigent Females,
known as the Graham Institute, $1,000 to the Brooklyn Homeopathic Maternity
and $1,000 to the Protestant Orphan Asylum in Atlantic ave.
Letters of administration were granted in the estates of the following named
deceased persons:
William HIGBEE, of the city of Elizabeth, N. J.
Peter S.LININGTON , of the town of New Lots,
Mary HALY,
June VOGS,
Simon ATKINS,
James BUTLER,
John BALDWIN,
James FALLON,
Anna L. MANNING,
Josephine BENSON,
Henry J. FOX,
Claudy OLIVER,
Frances OLIVER,
Bridget GILL,
Peter Joseph REUSS, of the city of Brooklyn.
Letters of guardianship of the estate
of Jonathan B. CHITTENDEN and Richard P. CHITTENDEN, were granted to
Lucy B. CHITTENDEN, their mother;
of John C. KELLUM, and Benjamin J. KELLUM, to Constianna L. KELLUM, their mother;
of Agnes C.G. HIRN, Carl HIRN and Christian HIRN to G. Henry VOSSELER,
of William A. KELLY, and Francis L.KELLY, to Sarah J. RYAN,
all of the county of Kings.
1 December 1877
SURROGATE COURT-BEFORE HON. ABRAM DAILEY
Wills proved-
Ambrose GEOGHEHAN,
Michael MITZ,
Valentine SCHMITT,
Julia Ann BROWER,
Lucy FREEMAN,
Michael FRAWLEY,
Regina C. MULLER
George W. MEVER, all of the City of Brooklyn
John MUCHMORE, of Green Village, Monmouth Co., New Jersey.
Letters of Administration were granted in the estates of the following
named deceased persons, viz:
George H. BOYCE,
Ambrose GEOGHEGAN,
Patrick DUFFY,
John J. DEMPSEY,
John MULLER,
James V. MURRAY,
Edward HAIGH,
John KELLY,
Mary Cordelia SNOOK,
Martin MULLER,
Anna M. REID,
Henry WALTERS
Margaret FARTELL, all of the City of Brooklyn.
Letters of Guardianship over the persons and estates
of Mary GREENLEAF, Ella W. GREENLEAF, Clara L. GREENLEAF and
Minnie F. GREENLEAF were granted to Clara A. GREENLEAF,
of Louisa E. LONG to John LONG,
of William L. ISRAELL to Millard F. TOMPKINS,
of Minnie HASRER, Amelia HASRER, Henry HASRER, Louis HASRER, and
Louisa HASRER to Sophie SPIEGEL,
of Augustus MORGAN and Stephen L. MORGAN to Almira MORGAN, all of the County of Kings.
3 December 1877
ANOTHER ESCAPE FROM THE GALLOWS;
James DEVLIN, aged seventeen, son of Felix DEVLIN, a well known Ward
politician who keeps a liquor store at the corner of Debevoise and
Morrell streets, was arraigned at the bar of the Court of Sessions
this morning to plead to an indictment found against him for manslaughhter
by killing John BETZ, aged twenty-two, a car driver on the evening of
September 28, 1877. The accused, with the consent of District Attorney BRITTON,
pleaded guilty to manslaughter in the third degree.
Mr. BRITTON stated to the Court that under ordinary circumstances the
prisoner would have been indicted for murder, but some of the witnesses
who testified before the Grand Jury were not considered worthy of much
credibility, on account of their characteristics. It was conceded on all
hands that the accused took his victim's life under circumstances of a
great deal of aggravation. The accused surrendered himself.
Edgar M. CULLEN, Jr., appeared for the prisoner, and made some remarks
in his behalf and with particular reference to the fact that the prisoner
surrendered himself after the police had given up the search.
The affair in which BETZ was killed occurred at a beer drinking bout in
which he , DEVLIN, and some beer companions participated.
DEVLIN will be sentenced tomorrow morning.
A NEW GRAND JURY;
In the Court of Sessions a new Grand Jury was empaneled by Judge MOORE,
who delivered the usual charge required by statute. The following are the
names of the jurors:.
Edward H. EMMERSON,
Simon RAPELYEA,
Gilbert DOREMUS,
Sidney F. ALLEN,
Bernard HENRIGHT,
Wm. MAPLAND,
H.J. EGGLESTON,
Peter VAN COTT,
C.C. CAMPBELL,
Frederick WILKINS,
Frank ANDREWS,
John APEL,
Charles N. CAHILL,
Claus H. WREDE,
Harvey D. ALLEN,
Edward HAYWARD,
Tyler W. PARKER,
Albert V.B. VOORIES,
S.B. VAN ALLEN,
Jackson L. RYDER
John W. RUMPT.
4 December 1877
AN ILLUSTRATION OF "MURDER MADE EASY."
James Devlin Sentenced to Only Four Years for Killing Betz. Judge Moore's Remarks.
James DEVLIN, aged seventeen, who killed John BETZ, aged twenty-two, a car
driver, on the 28th of September last, during a beer drinking bout, at
No. 69 Morrell street, E.D., who pleaded guilty to manslaughter in the
third degree in the Court of Sessions yesterday, was arraigned for sentence
in the same tribunal this morning. The prisoner is a short thick set young
man, with sandy hair and ruddy like complexion. He came from the prisoners'
room to the bar of the Court with a jaunty, indifferent air, with a half smile
on his countenance. His counsel, Mr. Edgar CULLEN, JR., occupied a seat near
the prisoner, but said nothing in his behalf.
DEVLIN being arraigned for sentence, Chief Clerk YORK asked him the customary
questions as to age, occupation, etc., and Judge MOORE, addressing the prisoner,
said: "DEVLIN, you have had, perhaps, a very narrow escape from a conviction
for murder. As far as the Court is concerned this unauthorized use of deadly
weapons, and the loss of life, thereby, meets with our severe reprehension.
Under the circumstances of the case the District Attorney thought it but
right to take your plea of manslaughter in the third degree. That we thought
was a proper disposition of your case. It does not appear to us, however,
that there is anything in the case that will warrant us in reducing the full
penalty prescribed by law. You are, therefore, sentenced to the full term for
manslaughter in the third degree, namely: to be confined in the Penitentiary
for four years."
OTHER SENTENCES IN THE SESSIONS;
John THOMPSON, aged nineteen, who pleaded guilty to an indictment charging
him with stealing $100 from his employer, was arraigned in the Court of
Sessions today and sentenced to one year in the Penitentiary.
Emil SCHMIDT, aged twenty-nine, a farmer by occupation, who pleaded guilty
to a charge of grand larceny, was sent to the Penitentiary for three years.
7 December 1877
TWO WIVES
James McCORMACK'S TWO STAMMERING BETTER HALVES- James HELD FOR BIGAMY;
Justice WALSH today held for the Grand Jury James McCORMACK on a charge of
bigamy. Complaint was made by wife, Number 2, Christianna McCORMACK, nee BAYLOR
of No. 622 Fulton street who swore that after having attended worship at
Appleton's Mission on the 2d of February, 1875, with the defendant,
they went to St. John's M.E. Church and were married by Rev. Dr. H.W. WARNER.
She had a baby in her arms while testifying. Wife number one, Mrs. Eliza McCORMACK,
of No. 45 Throop avenue, was also present, but was evidently not disposed
to injure her husband. She swore that she and the defendant were married the
31st of January, 1869, and that they lived together until 1873, when she went
to Connecticut to do house service. The prisoner did not take the stand, but
through his counsel made it understood that he had no recollection of the
second marriage. A singular circumstance was that both women stammered painfully.
15 December 1877
PATENT PAVEMENTS-THE GUIDET SUIT TO BE HEARD BY JUDGE SHIPMAN NEXT WEDNESDAY;
the suit of Charles GUIDET against the City of Brooklyn begun in the
United States Circuit Court for this district in 1874, will come up for
a hearing on the proofs adduced before Examiner John A. SHIELDS in that
and succeeding years before Judge SHIPMAN, in Brooklyn, who has been
specially designated to hear the same, on Wednesday next.
The suit was brought for an alleged infringement of plaintiff's patent
right to a certain form of stone pavement patented by him in 1869, the
said pavement being laid on Fulton street, Atlantic and Myrtle avenues,
in this city, under a contract given out by the old Board of Water Commissioners.
The answer was, in brief that no such thing as a stone block for pavements
could properly be patented, and that the same form of pavement was in use
prior to the issuing of letters patent to plaintiff.
Models of the pavements and testimony of witnesses were introduced to
sustain the pleadings on both sides.
The plaintiff asked for an injunction to restrain the infringement of
his patent and also for an accounting of the profits accruing from said
infringement, and also of the damages sustained by plaintiff by said infringement.
SURROGATE COURT-BEFORE HON. ABRAM H. DAILEY;
Wills Proved-
David MORRIS,
Frederick FRANZ,
Peter ANBE,
Annie C. BURROUGHS,
Thomas BROWN,
Jacob GOECKLER,
Sarah Ann SMITH,
Margaret A. TRUNDY,
John DAVIES,
Luke RUGEN,
Mary I. BOEHM,
Margaret JONES,
Daniel DOLAN
William H. WYCKOFF, all of the City of Brooklyn.
Letters of Administration were granted in the estates of the
following named deceased persons. viz.:
George P. VOGELSANG, Sr., of the town of Flatlands,
Hugh FINLEY, of the town of Flatbush;
James MCNALLY, of the town of New Utrecht;
Althina DICKINSON,
Mary McCOY,
Sarah Ann SMITH,
Louisa L. AIKMAN,
John LOWNS,
Warren LAZELL,
Edward COBB,
Magdalena RANKINS,
Thomas FOX,
Wm. CHADWICK,
John R. POTTS,
James GRIMES,
Cornelia A. McLURE,
Jane GRISCHECHT,
James ITHELL,
Eliza GAYNER, all of the City of Brooklyn.
Letters of Guardianship of the persons and estates
of John H. IVES and Rosie IVES, were granted to Frederick SCHROEDER;
of Josephine CUMMINGS and Stephen CUMMINGS to Joseph N. CUMMINGS;
of John J. LONG to John LONG;
of Geo. P. VOGELSANG to Peter VOGELSANG, all of the County of Kings.
29 December 1877
SURROGATE COURT-BEFORE HON. ABRAM H. DAILEY:
Wills Proved-
Deborah W. MASON,
Susan GARLICK,
Elizabeth HAUTZ,
Francis X. RIEFF,
Cornelius BENNETT,
William W. KELLY,
Rosannah BRUSH,
Johannette R. MOHR,
Hezekiah RUSSELL,
William L. KIRBY,
Elizabeth STEINBROCKER,
Christian J. WEISEL,
Martha BIGELOW, all of the city of Brooklyn.
Letters of Administration were granted on the estates of
the following named deceased persons, viz.:
Rufus Putnam CUTLER,
Thomas J. WEIR,
John F. SMITH,
Theodorine M. L. RILLET,
Peter HAWKINS,
John FEW,
Sophia M.P. DENNISON,
Susan A. LEGGET,
Michael, O'CONNOR,
Franz HOHN,
Johanna NULL,
Mary E. JORDAN,
Patrick GROSSON,
Kilen O'GRADY,
Thomas HIGGINSON,
Catherine BORLAND, all of the city of Brooklyn.
Letters of Guardianship of the estate
of David MOOREHOUSE were granted to Andrew W. MOOREHOUSE;
of John GARRAGHITY to James GARRAGHITY;
of John WAGNER and George WAGNER to Frederick BENNETT;
of James SLATER to Jane ANTHONY, all of the County of Kings.
DECREE OF ABSOLUTE DIVORCE:
In the City Court today Judge REYNOLDS granted a decree of absolute
divorce to the plaintiff in the case of Frederick L. JUDD against E
mily L. JUDD. The plaintiff is a batterer and resides at No. 123 1/2 Yates avenue.
THE LEWIS WILL CASE:
The hearing in the LEWIS will case was resumed before Cornelius S. SEE,
Master in Chancery, in Jersey City, yesterday afternoon. The feature
of the hearing was the cross-examination of Mrs. BENNETT, a witness
for CATHCART and others next of kin. The counsel for the proponents
was coached by a Mr. GRIFFIN, and examined the witness as to whether
she had known one SIECAS, an alleged bond forger, and as to whether
she had resided in disreputable houses. It was claimed that the houses
were perfectly repectable, and that the bond alleged to have been forged
was not a forgery. The witness stated that her evident dislike to answer
some questions which had been prompted by GRIFFIN arose from a former
engagement to be married to that person; also that GRIFFIN had borrowed
money from her from time to time; that he was a married man at the time
of his engagement to witness. Certain letters signed "Detective,"
advising her not to testify in Mrs. LEWIS' favor were produced: she
testified they were in GRIFFIN'S handwriting and she swore that certain
letters which were produced by GRIFFIN, and alleged to be in her handwriting
were forgeries.
Transcribers:
Lorraine Conroy
Geri Krone
Carole Dilley
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