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
---------------------------------------------------------------
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
---------------------------------------------------------------
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.
---------------------------------------------------------------
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.
---------------------------------------------------------------
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 city of Brooklyn, within twenty days after the
service of this summons on you, exclusive of the day of such service,
and if you fail to appear, or to answer the said complaint within the
time aforesaid, judgment will be taken against you by default, for the
relief demanded in the complaint.
Dated Brooklyn, January 5, 1878.
Wm. M. INGRAHAM, Plaintiff’s Attorney.
office and post Office address No. 44 Court street, Brooklyn.
To Henry CLINTON:
The foregoing summons is served upon you by publication, pursuant to an
order of Calvin E. PRATT, one of the Judges of the Supreme Court of the
State of New York, dated the thirty first 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 in said County
of Kings and State of New York
Dated Brooklyn, February 1, 1878
Wm. M. INGRAHAM, Plaintiff’s Attorney
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14 February 1878
Sentences In The Court of Sessions.
The following named persons found guilty in the Court of Sessions, was
sentenced by Judge MOORE yesterday afternoon:
Stewart L. ROSS, grand larceny, Penitentiary, one year and six months.
Thomas LANE, burglary, Penitentiary, one year and six months.
John KELLEY, burglary, Penitentiary, three months.
John KILLOUGHBY, burglary, penitentiary, five years.
Francis KEEFER, burglary, Penitentiary four years and six months.
John KENNY, grand larceny, Penitentiary, three years and six months
18 February 1878
The Scavenger Cases.
Justice BLOOM after due consideration, has fined A. LUTZ, Andrew
WESSEL and Andrew SEILER representing the Brooklyn Odorless Company,
$10 each for cleaning a vault without a permit from the Board of Health.
The defendants gave notice that they intended to appeal from the
decision upon which the sentences were based.
Surrogate’s Court - Before Hon. Abram H. DAILEY
Will proved- all of the city of Brooklyn
Emeline L. JOHNSON
Sidney GREEN
Henry ZIMMER
Annie WARD
David E. ROGERS
Caroline BECK
Fanny OSTROM
Andrew L. KLINE
Clarissa SPRATT
Cornelia LORETT
Patrick LEARNEY
Eliza O’CONNOR
Letters of Administration were granted in the estates of the following
named deceased persons, viz; - all of the city of Brooklyn
George PIERSON
Margaret FOLLEN
Francisco ISELE formerly Francisco LESLER
Henry SMITH
William DIXON
Henry WILLIAMS
Patrick DOLAN
Charles THOMPSON
Montgomery W. LIVINGSTON
Elizabeth BROWN
Simeon ATKINS
Francis J. TURNER
Mary H. LYON
Albert H. GOSS
Dorcas HARRIS
Narcissa M. BULL
Evan P. THOMAS
Frank MESSELE
William JOHNSON
Magdalena SMITH
Eliza MC CABE
Johanna HEINRICH
Letters of Guardianship of the persons and estate of Bernard KELTENBERN
were granted to Carlos A. BUTLER.
of Robert NICHOLL, Bruce NICHOLL, and Joseph NICHOLL to Ellen L.
NICHOLL.
all of the county of Kings.
An Assignee to be Sent to Jail.
SARGENT & PETERS, dry goods merchants of Fulton street made a general
assignment some time ago to Joseph GREGORY, for the benefit of their
creditors. On November 3, 1877, Judge MOORE, of the County Court,
ordered Mr. GREGORY to pay over to SARGENT & PETERS. He refused to do
so, and Judge Moore has declared him guilty of contempt, and ordered him
to be sent to Raymond Street Jail.
The Divorce Mill.
Catharine WINDSOR has begun an act in the Supreme Court against Robert
WINDSOR for absolute divorce, on the ground of criminal conduct. The
parties were married at Jamaica June 28, 1839, but have not lived
together since 1872. They have five children, all of whom are over
twenty five years of age.
In the suit of Robert ROGERS against Augusta ROGERS for absolute divorce
a motion was made in behalf of the defendant, before Justice PRATT, in
the Supreme Court today, for counsel fee and alimony. Mrs. Rogers says
her husband has an income from all sources of $8,000 per annum, and that
he has been guilty of adultery. The Court reserved its decision.
Sentences in the Court of Sessions
Judge Moore passed sentence on the following named prisoners:
John KELLY, burglary in the first degree, sentenced to the Penitentiary
for six years and six months.
Charles WARD, aged seventeen, burglary in the third degree, was
sentenced to the penitentiary for one year
Brief Mention
Justice GUCK this morning held Henry MICKE, of 92 Siegel street to
answer for striking his wife Ann with a chair.
During August last Albert MC NERNEY was employed by Mrs. Mary BATES, of
214 Union avenue, to peddle. Mrs. BATES claims that he embezzled $20,
and this morning McNerney was held by Justice Guck to answer the charge.
19 February 1878
The Johnson Shooting Case.
Examination of the patient at the Asylum by Dr. Corey -
Quietitude Desirable.
District Attorney CATLIN has taken some pain to learn the exact
condition of Charles H. JOHNSON, who some time since shot his wife.
On the 14th instant he employed Dr, Charles CREY of South Oxford street
to go to Bloomingdale to examine Johnson’s case. The doctor has made an
affidavit embracing the result of his investigation, in which he
concludes "that although in my opinion, he (Johnson) may not be clearly
insane, he is in such a state of physical prostration and nervous
irritability as to require prolonged restraint and judicious medical
care in order to insure his recovery, and that to subject him in his
present condition to any great mental excitement would certainly
endanger his future welfare " would induce nervous disorder from which
he might not recover."
The Trial of James Mc DERMOTT for Stabbing Chas. H. RAMSDEN.
The trial of James MC DERMOTT, which was begun yesterday morning in the
Court of Sessions, as reported, for assaulting with intent to kill
Charles H,. RAMSDEN, on the night of 27th of November last, was
continued yesterday afternoon and today.
James Mc Dermott, in defense, recounted the circumstances attending the
various places at which he had visited on the night of the occurrence,
and also the meeting with Ramsden. The plaintiff, he said, had accused
him of being a sinecurist: had called him a "Shannon traitor," and that
he said that he would fall upon him and crush him, and pull the windpipe
out of him in two minutes;
in the street he heard Ramsden running behind him and got behind a pile
of bricks, and Ramsden struck him with a brick; witness was then hit on
the head by his antagonist, who knocked him down with a brick; witness
was then hit on the head by his antagonist, who knocked him down with a
block of his fist and got on top of him; Ramsden battered his head
against the earth;
witness called for police and regained his feet, but was again knocked
down; he was kicked while prostrate, and his thumb was cut or bitten,
witness did not know which, but it was still sore; his body was also
bruised considerably;
witness then drew a penknife and attempted, not to cut Ramsden, but to
disarm him and to prevent the man from killing him; Ramsden was, he
believed, under the influence of liquor; witness denied that he had a
cane with him on the night of the assault.
Several witnesses testified in McDermott’s favor that they did not
believe him to be a quarrelsome or dangerous character.
Ex-judge TROY summed up for the defense, and Assistant District Attorney
WERNBERG for the prosecution, after which the Court took a recess until
2 o’clock.
The jury subsequently retired and are still out.
20 February 1878
A Bad Scene in Court - The Way of a Young Transgressor.
Minnie GAYLOR, a fair looking girl of seventeen years, pleaded guilty
to an indictment in the Court of Sessions, yesterday, charging her with
larceny. She was called to the bar, by Judge MOORE, to be sentenced.
She came from the female prisoners’ dock, with a smile on her face, but
it was a forced one.
Judge Moore then asked: Minnie, how old are you.
Minnie - I am not seventeen years old yet,.
Judge - Didn’t you tell Justice Walsh that you were eighteen years old.
Minnie - For night walking. Some fellows got me out of the scrape.
Judge - Where is your mother.
Minnie - She would not come; she has given me up and says she didn’t
care what becomes of me.
Judge - Well, Minnie, I am only too glad that your age permits me to
make such a disposal of your case as I think will be beneficial to you.
I will send you to the House of Refuge. Randall’s Island,. If you
reform your conduct and become a good girl, the managers, of that
institution will indenture you to a good family, who will take care of
your morals.
At this announcement, Minnie burst into a floor of tears, and continued
to weep piteously, saying: Oh, mother, mother, why have you forsaken
your poor child?
Damages for the Loss of Services of a Wayward Child.
Julius BRIETMEYER, butcher, of no. 1114 DeKalb avenue, recovered a
judgment for $500 in the City /court, before Judge NEILSON, yesterday,
against John W. NUTT for damages for the section and loss of services
of plaintiff’s daughter, Rosina, seventeen and a half years of age.
Plaintiff sued to recover $1,000 damages.
A woman Tried for Arson Acquitted.
Mrs. Ellen LAVIN, of 45 Box street, Greenpoint, was on trial in the
Court of Sessions today charged with setting fire to the inhabited
premises of 51 Box street, on the morning of January 23. Messrs. CARSON
& TIGHE defended the prisoner. Timothy MC CARTHY testified that on the
night in question he saw her strike a match and set fire to a bundle of
shavings saturated with kerosene. The prisoner testified that she was
in bed the whole night of the fire, and that there was a conspiracy
against her by MC CARTHY AND HIS WIFE; THAT THE PREMISES WERE
PREVIOUSLY FIRED ON January 3, and McCarthy said the person who made the
attempt was a burglar; and that if he had had the job he would have made
a go of it. The jury rendered a verdict of not guilty.
Mandamus.
Justice GILBERT today, on the relation of Conrad WEISNER, issued a writ
of alternative mandamus against the Board of Health requiring them to
show cause next Monday why the realtor to clean sinks with the Harrison
Machine. Mr. WEISNER is President of the Brooklyn Excavating Company.
In his affidavit he states the Harrison machines are in successful use
in New York and other cities.
21 February 1878
Swill Milk Dealers
Upon complaint of Sanitary Inspector GLEAVY Justice WALSH this morning
imposed sentence upon the following milk dealers for feeding distillery
swill to cows:
John WHITEHOUSE, 422 Central avenue, $15 or 15 days in jail.
Mr.GUNN, Irving avenue near Flushing, $15 or 15 days in jail.
Michael CONRAD, Central avenue and Starr Street, $15 or 15 days in jail.
John GENNETT, Evergreen avenue and Cornelia street, $20 or 20 days in jail.
Mandamus Against the Board of Health.
John PETERSON, counsel for Beatus FLEIG and another, applied to
and received from Justice GILBERT, in the Supreme Court today, a
writ of alternative mandamus against the Board of Health, requiring
the latter to show cause on next Monday why they should not be
compelled to issue permits to the realtors to clean sinks by the
Reynold patent excavator, a machine which before the contract made
the Board to the Odorless Excavating company, met the approval of
Dr. RAYMOND, Sanitary Superintendent.
Mc GARVEY the Fire Fiend Sentenced for Four years.
John MC GARVEY alias KINZO, of the 'chain gang' of the Fourth Ward,
was convicted of arson in a minor degree, in the Court of Sessions,
yesterday. The accused, about six weeks ago went into FURNIVAL’s
bagging factory on Water street, where about one hundred girls are
employed, and set fire to it because he was ordered off the premises,
and then ejected.
Judge MOORE in passing sentence on the prisoner today said
he would be obliged to give him the full penalty of the law;
that such persons as the accused ought to be sent to State Prison
for the term of his natural life. The accused was then sentenced
to the Penitentiary for four years.
Sentences in the Court of Sessions.
In The Court of Sessions today, Judge MOORE passed sentence upon the
following named prisoners:
Carl HEGSTROM, a weak, sickly man, who was found guilty of burglary,
was sent to the Penitentiary for one year.
Albert HOGGLESTATTER, for embezzlement,
was sent to the Penitentiary for four months.
William O’BRIEN, for burglary in the third degree,
was sentenced to the Penitentiary for six months.
John MURRAY, aged eighteen, for burglary in the third degree was
sent to the Penitentiary for two years and six months.
Caute THOMPSON, indecent exposure, was sent to the Penitentiary for nine months,.
Thomas RYAN for petit larceny, was sent to the County Jail for twenty days.
Michael KANARAN,
Charles BIRDSALL,
Patrick FARRELL, convicted of highway robbery, were remanded for sentence.
22 February 1878
Requests to Charitable Institutions
The will of Timothy CAHILL, an aged Catholic, who died February 16, at no.
160 Church street, was offered for probate in the Surrogate’s Court
yesterday. Mr. Cahill left $1,000 to the Rev. Father Henry O’LOUGHLIN,
pastor of the Roman Catholic Church of St. Mary, Star of the Sun, in court
street; $1,000 to Rev. Peter MC GUIRE, the assistance pastor of the same
church, and $1,000 to Bishop LOUGHLIN.
Ellen Maria O’GRADY died at her residence in Degraw street on the 18th inst.
Her will was proved before Surrogate DAILEY yesterday. She left a small
estate. Among the bequests she made was one giving $500 to the Home of the
Little Sisters of the Poor.
The Divorce Record.
In the Supreme Court yesterday, Justice GILBERT, in the case of Robert
ROGERS against Augusta ROGERS, an action for absolute divorce, granted the
defendant $50 counsel fee and $10 per week alimony pending the trial of the
action.
In the suit of Catharine WONSOR, for an absolute divorce from Robert
WONSER, Justice PRATT yesterday granted an allowance of $15 to the
plaintiff for counsel fee. The plaintiff accuses her husband of various
acts of impropriety, which, in his answer to the complaint, he denies. He
says that his wife left him for no good reason and that while barely able to
earn $18 per week he has to support a poor sister.
23 February 1878
A Lot of Trouble About a House.
Mrs. Mary UNDERHILL, of 286 Fourth street, through her counsel, ex Judge
BUSTEAD, waived examination before Justice ELLIOTT this morning, and was
held for the Grand Jury on a charge preferred by Henry HAMILTON, the
stable proprietor, who accused her of assaulting him with a pair of
scissors. Mrs. Underhill is a member of the First Baptist church, and
the Court was crowded with friends of both parties, who are well known
in the Eastern District. It seems that Dr. HENDERSON, son in law of Mrs.
Underhill, some time since made overtures to purchase the property no.
290 Fourth street, obtained possession of it, but could not obtain full
title as Henry Hamilton, who resides at No. 288, owned a foot of the lot
on which 290 is built. On the 18^th inst. Hamilton bought the property,
and when he gave Mrs. Underhill notice to that effect, he alleges she
ordered him out of the premises and stabbed him with a pair of scissors.
Mrs. Underhill says Hamilton assaulted her and broke her wrist through
twisting her arm.
The DAILEY – LIVINGSTON Contest for the Surrogateship – Opinion by Judge
GILBERT.
In the suit of the People ex rel. Abram H. DAILEY, against Walter L.
LIVINGSTON, which was submitted for settlement on appeal to the General
Term from the verdict of the Circuit Court ousting the defendant and
sending the realtor as Surrogate, Justice GILBERT today rendered a
decision on the voluminous findings proposed by the litigants on which
the points were to be argued. The justice in his opinion says:
I understand from the bill of exceptions that only two questions of law
are intended to be presented, viz: The admissibility of ballot boxes and
the evidence of Mr. CLEMENT as to the results of the count. If that be
so, it is improper to insert any more of the evidence than is necessary
to raise these questions. The case should have been prepared
accordingly, but they would, if allowed, turn the bill of exceptions
into the case. The papers are sent back in order that the attorneys of
both sides to comply with the thirty fourth rule of the code. Time is
given and proceedings are stayed until the second Monday of March, 1878,
for that purpose, and the papers will be again submitted on that day.
Sentence of a Burglar.
Henry MORGAN, heretofore convicted in the Court of Sessions for burglary
in the third degree, was sentenced today by Judge MOORE to three years
and six months in the Penitentiary.
Arraignments in the Court of Sessions.
In the Court of Sessions today the following named persons indicted by
the Grand Jury were arraigned before Judge MOORE and pleaded as follows:
Frank PORTER, attempt at burglary, not guilty. tried March 1.
John MC LAUGHLIN, assault with intent to kill, not guilty, tried March 1.
Charles RENDER and Edward SURTEUS, burglary in the third degree, trial 28th inst.
John MC CARTHY, burglary in the third degree, trial 28th inst.
Thomas NOLAN, burglary, trial 27th inst.
Frank BROWN, indecent conduct, trial 28th inst.
James CALLAHAN, burglary, trial 27th inst.
Antonio BULO, grand larceny, pleaded not guilty, trail March 1.
Martin SCHWERCKERT, assault and battery with intent to kill, trial February 27.
William C. LESTE, indecent conduct, trial 28th inst.
Frederick DETLOFF, grand larceny, pleaded not guilty, trial 27th inst.
Michael COSTELLO, grand larceny.
Mary VAN VORST, disorderly house, trial 28th inst.
Abraham DOWNING, burglary, trial 27th inst.
James COYLE, burglary, trial 27th inst.
Surrogate’s Court -Before Hon. Abram H. DAILEY.
Wills Proved :
Francis MORAN
Mary MC KINNEY
John B. DEMONET
William F. FICKE
Ellen Maria O’GRADY all of the city of Brooklyn
Letters of Administration were granted on the estates of the following
named deceased persons viz:
Christian HANSEN
Joseph WILLMOTT
Peter WIMMER
Ann DALTON
ANN SEARING
Hein THEIS
Barbara DENNERLINE
Henry KAESTER
William H. SEPNCER
Mary MC CHESNEY, all of the city of Brooklyn
Letters of Guardianship of the person and estate of John f. MORTON were
granted to John NORTON, both residing in the city of Brooklyn.
25 February 1878
Attachment Against a Biscuit Baking Company
Mrs. Lydia Ann McCOLLUM as executor of the last and testament of John
McCOLLUM, has begun proceeding in the Supreme Curt against Kendall
Biscuit Company to attach defendants’ property. Plaintiff sold certain
articles of machinery to the defendants, of the value of $3,000, on
which there is a balance of $5,760 due. Plaintiff in an affidavit,
alleges that defendants are disposing of their property for the purposes
of defrauding their creditors.
A Colored Divorce Suit
Samuel JOHNSON, a colored citizen of the Sixteenth Ward, has begun an
action in the Supreme Court against his wife, Elizabeth, for absolute
divorce, on the ground of defendant’s improper intimacy with one George
KING. The matter was up before Justice PRATT, on Saturday, on a motion
made in behalf of defendant for counsel fee and alimony.
The SCHULADER Divorce Case
In the suit of Jacob SCHULADER, of the United States Piano Makers’
Association, against Christina SCHULADER, for divorce on the ground of
infidelity, the Referee who tried the case, reported to Justice PRATT,
in the Supreme Court, on Saturday, that all the charges against the
defendant had been proved.
A Man With Three Wives Loses All.
Robert BAKER, aged twenty eight, a milkman, pleased guilty this
forenoon, in the Court of Sessions to an indictment charging him with
bigamy. The accused married wife No. 1, in New Jersey, about five years
ago; he married wife No. 2, in this city, on the 30^th of October 1877
and wife No 3 on Jan 31 inst. Judge MOORE in passing sentence on the
prisoner told him that he was having more than his share of marital
bliss and would therefore sentence him to be confined in the
Penetentiary for four years.
John WETJEN Changes his Name
John WETJEN, of No. 413 Myrtle avenue, has filed a petition as required
by law, to have his named changed to John MOORE, and states the
following as his reasons: First, the name of Wetjen is difficult to
pronounce by persons not acquainted with it; 2d, the petitioner is in
the business of manufacturing boots and shoes with Francis S. MOORE, who
is his brother-in-law, who he expects to succeed in business in case of
his death or retirement from business. Third, that the name of Moore is
more convenient then WETJEN.
Judge MOORE of the County court granted the petition.
27 February 1878
A Missing Will.
The Late Sylvester HONDLOW’s Estate.
The series of singular incidents attaching recently to the late Mr.
HONDLOW is enriched today by another unusual circumstance. It will be
remembered that Miss Minnie HONDLOW was married an hour before her
father’s funeral to Rev. Wm. SHORT, assistant minister of Holy Trinity.
It is now announced that Mr. SHORT assumed the right to protect the
interests of his wife at such notice because some mystery envelopes the
last will and testament of Mr. HONDLOW. The document cannot be found,
and the final disposition of Mr. HONDLOW’s estate ' estimated at
$175,000 ' is left in great uncertainty. Mr. BROWN, a business associate
of the deceased, insists that Mr. HONDLOW made a will, or that an
unknown lawyer made the draft of one for him. The unknown lawyer was
requested by advertisement, yesterday, to communicate with the family.
Mr. HONDLOW left five daughters by his second wife, and a son by his
first. The son lives in Flushing, and although he is on excellent terms
with his half sisters, the family preferred that Mr. SHORT should look
after their interests.
Fined For Contempt of Court
In the Supreme Court today, Justice PRATT fined James H. QUINTARD $100,
or to be confined to the county jail for 29 days, for contempt of Court
in refusing to obey an order of the same, directing him to pay counsel
fee and alimony to his wife, Mary, who is suing him for divorce.
Illicit Distillers Sentenced.
Frederick WEINCHBENMEIER and David HAROLD were sentenced today by Judge
BENEDICT for illicit distilling, the former to six months imprisonment
and a fine of $1,000, and latter to sixty days imprisonment.
28 February 1878
Private CORBETT Sues His Commander-In-Chief.
Private Patrick CORBETT, of the United States Army, stationed at Fort
Wadsworth, NY Harbor, has begun an action against Brigadier General
GIBSON commander of the above post, for malice as prosecution and false
imprisonment. The plaintiff is the love sick solider whose name was
mixed up in a recent scandal in which a young lady was the involuntary
victim of his attentions. Defendant was summoned to appear and be
examined before trial justice GILBERT, in the Supreme Court today,
granted a stay of proceedings in the matter returnable tomorrow mooring.
Dr. Ettinger’s Estate.
Public Administrator Henry J. CULLEN filed his petition in the
Surrogate’s office today asking for leave to take care of the estate of
the late Dr. Geo. ELLINGER, who died on the 22d inst, having property
valued at $22,000. The petition states that he is informed that the
deceased left a widow and grandchildren who reside in Philadelphia,
whose addresses are unknown. The Surrogate granted the letters of
Administration applied for.
Two Women’s Slander Suits.
Judge SANFORD, in the Superior Court, New York, yesterday on the
application of Ellen W. WEBSTER, of this city, aged 20, appointed George
E. STOCKING as her guardian ad lstem? to begin a suit for $25,000
damages against Benjamin A. GIEGUD for slander Mrs. George E. STOCKING,
a sister of plaintiff, recently sued GIEGUD’s wife also for slander and
obtained an order of arrest.
Sentence of a Noted Burglar.
Charles MOUNTJOY, a professional burglar who was convicted in the Court
of Sessions yesterday, for breaking into the house of Mr. Adolph BIERCK,
no 104 Prospect place, on the 27^th of December last, and stealing $500
worth of jewelry, and who was convicted therefore, was sentenced,
yesterday afternoon, to ten years in the Penitentiary.
The HONDLOW Estate.
Thomas STRATTON, one of the creditors of the late Sylvester Hondlow,
appeared before Surrogate DAILEY this forenoon and made an affidavit
setting forth that the decedent’s personal property does not exceed the
sum of $10,000; that deceased left surviving no widow, but six children,
vis: John S. Hondlow, residing at Flatbush; Mary W, now the wife of Rev.
Wm. SHORT; Frances H, Georgiana S, all of full age; Agnes S, aged 19,
and Margaret aged 16. Mr. Stratton asked the Surrogate to issue letters
of administration on the estate. The surrogate ordered that the
citations be issued to all parties interested in the estate, to appear
before him one week from today to be heard in the matter.
1 March 1878
The Contestant In The Gordon Case
The contestant in the GREOGE P.GORDON, Mary Agnes GORDON,is a daughter
by MR.GORDON"s first wife.
-1st, She objects to the probate of the will on the following grounds:
that her father at the time of his alleged execution of the will was
not competant to make one.
-2nd, that the will was not properly attested.
-3rd, that the execotor of the will was obtained by imposition and coercion
practiced upon MR.GORGON by LEONORE M. GORDON, his second wife,
a legattee and devisee under the will, that at the time of making
the will, MR.GORDON was under the influence,duress and restraint
of Leonore GORDON.
The case was called for arguments in the Surrogate Court today, but was
adjourned until March 29. Among other property left by MR.GORDON,is
6,000 acres of land, upon which there are extensive mills,near
Norfolk,Virginia. He was also the owner of the RAHWAY, NJ OPERA HOUSE.
The value of the estate is about $800,000.
FISHER against FISHER
William Henry FISHER, a German baker, of the city has begun a suit in
the Supreme Court against Eliza FISHER for divorce,on the grounds of
the criminal intimacy of defendant with one Joseph SCHLET. The FISHER'S
were married in the city December 17,1867. They have one child, a girl,
nine years of age, who is in the custody of her father. The defendant
residing with a relative named William WAGNER, No 268 Cross street,
Baltimore, MD.
In the Supreme Court yesterday
David T.LYNCH, counsel for the plaintiff, obtained an order from
Justice GILBERT, to serve the summons and complaint on the defendant
by publication.
In the case of Hester E.MORGENDERS action for divorce in the Supreme Court
Referee Barman, this morning recommended judgement for the plaintiff, on the
grounds os defendant's drunkenness and adultery with Melissa WAY.
The second examination into the alleged lunacy of Andrew S. HALL began
yesterday. DR.SULLIVAN testified that HALL was sane, and the young man
himself, on the stand, gave rational and coherent answers to all questions.
The examination was adjourned until three P.M. today.
Legal Items-In the case of HESTER E.MORGENDER, action for divorce in the
Supreme Court Referee Barman this morning recommended judgement fot the
plaintiff on the ground of defendants drunkenness and adultery with MELISSA WAY.
The second examination into the alleged lunacy of Andrew S.HALL began
yesterday, Dr.SULLIVAN testified that HALL was sane, and the young man
himself, on the stand, gave rational and coheren answers to all questions.
The examination was adjourned until three pm. today.
2 March 1878
Wills proved-
FRANCES EMANUEL,
CHRISTAN MILLER,
JAMES EARLES,
HARRIETT N.EDWARDS,
MOTT BEDELL,
WALTER BOGGS
THOMAS C.PINCKNEY, all of the city of Brooklyn.
Letters of administration were granted in the estates of ;
Eliza M.ANTEN;
John WALLACE;
William H.BUTLER;
James N.AGER;
Phebe H.SALT;
Mary BINGHAM;
Mortz A.GESCHEIDT;
Samuel N.HURD;
Charles HINTZMAN;
Hannah WOOD;
Michael MARTIN;
John HINES;
Elizabeth SURIG;
Mary WOOD;
ZoraB.HODGES;
Mary TYNAN, all of the city of Brooklyn
John CREGIN,of the town of Flatbush.
Letters of guardianship of the persons and estates of;
of Cornelius J.HOGAN; and Jeremish HOGAN, were granted to Catharine BURKE
of Katharina MEYER to Frederick A.MEYER
of Philip BRANDES to Henry BRANDES
of Mary CAREY to REV.John McGUIRE
of John GAUB to Julius WAGNER
of Albert KOELGES to Gertrude KOELGES all of county of Kings.
The Unhappy Marshalls
Isabella MARSHALL, has begun an action in the City Court against her husband,
William E.MARSHALL, for limited divorce on the grounds of cruel and
inhuman treatment. The parties were married at Buffalo,NY in 1866.
DR.George Elliger's Will
A few days ago Surrogate DAILEY granted letters of administration to
Henry J.CULLEN, Public Administrater, on the estate of DR.George ELLIGER,
who died suddenly, at his residence in Livingston street. Surrogate DAILEY
received a letter from a member of the ELLIGERS family in Philadaphia,
stating that the doctor left a will, which was in that city, and would be
sent on to this city early next week to be offered for Probate.
The Nichols Estate
Counsel for John B.REMSEN,this forenoon,obtained from Justice GILBERT,
in the Supreme Court,an order to serve a summons by publicattion on
Mrs.Georgiana NICHOLS,who now resides in Connecticut,and who was concerned
in divorce suit brought both by her and her husband,William B.NICHOLS,in
an action brought to foreclose a mortgage for $3,000 on property on Halsey street,
in which Jothan MEEKER and otthers are interested.
A New Grand Jury
The Courtt of OYER and TERMINER began its March term today.
The only business transacted was the impanelling of a Grand Jury as follow;
Ezra BALDWIN(foreman);
Adam BOSSING;
Garrett Van CLEAF;
Sylvester CHICHESTER;
Peter MAHONY;
George BULLARD;
John ROBERS;
Joseph NOLAN;
Oscar H.ADAMS;
John W.RUMP;
John TEDERMAN;
George C.BEDELL;
Francis A.BRIGGS;
Samuel BRUSH;
Frederick ENDRES;
John WOODBEAD;
William R.UTLEY;
William S.TURNER;
William C.DANTON;
Gilbert HICKS;
Hugh McCABE.
Justice PRAT delivered to them the usual statutory charge.
5 March 5 1878
Mrs.Mary Van VORST, who was arrested and indicted by the Grand Jury
on the charges of keeping a disorderly house, was tried yesterday
before Judge MOORE in the Court of Sessions. The jury returned with a
verdict of guilty. Mrs.VORST will be sentenced tomorrow.
11 March 5 1878
Divorce Granted
In the Supreme Court a decree of absolute divorce was granted in the case of
Jacob SCHULADEN was granted against Christina SCHULADEN, and a decree in
the case of Annie J.BOWEN against Asa BOWEN
16 March 5 1878
Wills proved-
Walter H.DAVIS
John McBRIDE
Helena COVERT
Samuel COTRELL
Mary AYRES
George W.SMITH, all of he city of Brooklyn.
Letters of administration are granted on the estates of the following;
Dollie B.HOBBS
Jacob F.SCHNEIDER
Edwin FERRY
Catharine A.MOELICH
Mary DUSC?
Alfred N.WHIT?ORNE
Hannah COOPER
George W.BEEF
Jacob WEB?LE
Timothy DONOVAN
John H.DOSCHER, all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Caleb R.BARKER were granted to Eliza J. BARKER.
of John L.LAIDLAW to Henry L.DANIELS.
of Albert GILLIG and Charle GILLIG to Otto GILLIG, all of the city of Brooklyn.
Tangle Web
Several years ago the wife of CHARLES OTTEN, jeweller of this city,
obtained a decree of absolute divorce from him on he grounds of
infidelity. Subsequently they became reconciled, and reared a family
of five children.About eighteen months ago, Mrs.OTTEN became enamored of
HENRY REICHARDT,a barber, Mr. OTTEN was enraged,and several quarrels
took place between him and REICHARDT.
A few months ago Mrs.OTTEN learned that under a decision of the City
Court the remarriage and cobabitation of divorced parties did not
constitute a valid marriage, and she left OTTEN, for a second time
and married REICHARDT.
Mr.OTTEN has become reconciled to the loss of his wife,and has abandoned
his suit to set aside the decree of divorce obtained by his wife.
NEIDHARDT- On Thursday afternoon March 14,at half past 2o'clock, our
beloved son and brother,JOHN G NEIDHARDT, aged twenty seven.
Relatives and friends and members of company K, Twenty-third Regiment,
N. G. S. N. Y. are invited to attened the funeral from the
German Lutheran(ZION) Church, next Sunday at 2pm.
Co.K,Twenty-third Regt. N.G.S.N.Y.
Brooklyn, March 15,1878
Company orders No.1
It becomes the painful duty of the Commandant to announce the death of
Private John G.Neidhardt. members of this company will attened the
funeral services a the German Lutheran Chirch, Sunday afernoon,the 17h inst.at 2pm.
By order of Captain WILLIS.L.OGDEN H.A.V. SCHOU, 1st sergt.
19 March 1878
A Bad Man Sent To Jail
LOUIS WEIGENWRATH, a German,aged thirty-two, a resident of the Fifteenth Ward,
was arraigned in the Court of Sessions,this forenoon and withdrew his plea
of not guilty to an indictment charging him with selling obscene images,
and pleaded guilty. His counsel than asked an adjourament of the case
for one week, in order that he might prepare affidavits to be offer in
mitigaion of judgement, and meanwhile the prisoners bail bond to be continued,
Judge MOORE replied sharply, that counsel would be allowed until Friday to
prepare affidavits, but that the prisoner must go to jail; that the court
had seen the obscene images sold by the accused, which were of a character
to corrupt the morals of youth; that is the duty of the court to meet out
salatary penalties for such offences for which the prisoner had pleaded guilty.
Futhermore, the court had learned that it was the intention of the accused to
for-feit his bail and leave the state. The prisoner was sent to jail.
23 March 1878
Wills proved;
Charles B.SNIFF
Harriet FISHER
Edwin S.ADAMS
Frederick W.COSTER
John WALLS
Richard HENRY,all of the city of Brooklyn.
Letters of administration was granted on the estate of the
following named deceased persons, to wit;
Thomas P.CUMMINS
Charles CRONKITE
Thomas J.DARLING
*Petrick FARRELL *that is exactly as printed
Harriet W.MARSH
Jseph STARR
*F.EMIT RUSSELL or Frederick E.RUSSELL
Gottiried MULLER
Edward HOWIE
Daniel D.SMITH
James C.LEFERTS
Mary TOWNSEND
PETER MILLBAER
Margaret DUNLAP
Benjamin HALLSTEAD, all of the city of Brooklyn
Joseph DUNDERDALE,of the town of New Utrecht.
Letters of guardianship of the person and estate of;
of Charlotte HALE was granted to Sarah L.HALE
of William MONROE DOWNING to Georginna DOWNING
of Kate STATTERY to Mary BENNETT. all of the county of Kings.
6 April 1878
SURROGATE'S COURT--BEFORE HON. ABRAM H. DAILEY
Wills proved--
Barbara ZEB,
Maria HICKS,
Sarah P. TIEBOUT,
William BROOKS,
Rose M. COFFEY,
James NICOLSON,
Alexander COCHRANE,
Ann Marvin KENNEDY,
Daniel Henrich, FRANZ,
Conrad THIEL,
Herman SHERK,
Hannah E. COAD,
William TYNES,
Mary I. COLLINS, all of the city of Brooklyn
John WYCKOFF, of the town of Flatlands.
Letters of administration were granted in the estates of the following named
deceased persons, viz.:
William RILEY,
Joseph LONG,
Mary LAWLON,
David BLACKBURN,
Abraham LESTER,
John ESSLENGER,
Mary BEABEN,
Mary E. HUSTER,
Ruth Ann ROSS,
Sarah S. WASHBURN,
Catherine SMITH,
Rosina BETHOP,
Anson JUDSON,
Bertha MARTENS,
Catherine MCCONVILLE, all of the city of Brooklyn
Leah HEGEMAN, of the county of Hartford, Conn.
Letters of guardianship of the persons and estates
of William M. HUTCHINSON were granted to Katie TILNEY;
of Caroline GOETZ, Margaret GOETZ, and Rosie GOETZ to George HASLINGER,
all of the city of Brooklyn.
ALDERMAN SHANNON'S WILL:
Mrs. Bridget SHANNON, widow of the late Alderman SHANNON, applied to
Surrogate DAILEY for letters of administration on the deceased's estate, he
having died intestate. The personality is under $2,000. His Honor directed
letters to issue to her, conditioned on her filing a bond in $4,000, with two
sureties, which she stated she would do on Monday next.
11 April 1878
A DIVORCE SUIT IN HIGH LIFE--FANNY DAVENPORT ONE OF THE WITNESSES
The action of Amelia MCKAY against--MCKAY for divorce on account of criminal
conduct, which was begun in the Supreme Court about six months ago, and which
was referred to J.C. PERRY, Esq., to take testimony is still progressing. The
referee holds a session once a week and has already accumulated about 700
pages of testimony. The parties to the suit are wealthy. Mrs. MCKAY resides
in affluence in Third place, and has a magnificent equipage. She is about
twenty-two years of age, and her husband is twenty-eight. The latter formerly
kept a wholesale cracker bakery at the corner of Chrystie and Houston
streets, New York, but since the beginning of the present action the firm
name has been changed. Defendant is wealthy. The complaint sets forth various
acts of illicit intimacy between defendant and Meda VAN ENGLE, whom it is
alleged has three husbands living, and Fanny DAVENPORT the actress. The
latter was one of the witnesses who was examined on behalf of the defendant.
Chauncey SHAFFER, of New York, and F.A. WARD, of this city, were counsel for
the plaintiff. The referee will shortly close the case, and his report will
be submitted for confirmation to Justice GILBERT.
SENTENCED FOR STRIKING A WOMAN:
Justice WALSH today sentenced James FARRELL to sixty days in the Penitentiary
for striking Mary MULLANY, of No. 127 Tillary street, with his fist.
13 April 1878
Surrogate's Court-Before Hon. Abram H Dailey:
Wiils proved--
Julia VAN BLAFCOM, of the town of Flatbush,
per Mauritz HAGER,
Eugene O'KEEFE,
Caroline LLOYD,
William P. RAWL,
Sarah A. WOOD,
George W. LEE,
Martha L.D. BURTIS,
Eliza CHAMBERLAIN,
John B, NORRIS,
Henry PRESTON,
John MOWBRAY, all of the city of Brooklyn.
Letters of administration were granted on the estates of the following
named deceased persons, viz:
Elizabeth COLLINS,
Mary Eliza BEAGS,
Charles F. PETERS,
Emeline B. UPHAM,
Mary Irene EVANS,
Patrick SHANNON,
Mary POLLION,
Rachel BRINKERHOFF,
Michael WILKINSON,
Thomas MACK, all of the city of Brooklyn;
George ANGELL, of the town of New Lots;
Michael O'MAHONEY, of the town of New Utrecht.
Letters of guardianship of the person and estate
of Mary L. SUGDEN were granted to William SUGDEN;
of Mathias FRITZ to William D. LOHMAN;
of Mary LEWIS to Mary Emma LEWIS;
of Mary A. TYRRELL to John TYRRELL;
of James ROBINSON to Rachel J. DODGE, all of the county of Kings.
15 April 1878
WILLIAM E. ROBINSON'S ESTATE
A motion was made before Justice GILBERT in the Supreme Court today, by A.W.
GLEASON, on behalf the plaintiff, in the action of the Brooklyn Life
Insurance Company vs. William E. ROBINSON and others, for a decree of
foreclosure on Mr. ROBINSON'S property on Jones street, Bath, L.I. There are
two mortgages on the property, one held by plaintiff, which covers not only
Mr. ROBINSON'S property, but also on a plot which belongs to the estate of
Mrs. ROBINSON, now deceased. A second mortgage on all the property, except
Mrs. ROBINSON'S portion, is held by ex-Judge S.D. MORRIS, to whom Mrs.
ROBINSON is indebted to the sum of $8,000. Mr. ROBINSON, acting as coun
sel in his own behalf, argued the matter as to the mode of selling the
property. Counsel for the plaintiff claimed that the property should be sold
as the law directs, namely, in the invere order of alienation. The insurance
company's claim amounts to $5,530.15. The first mortgage was executed
September 29, 1870, and was then joined in by Mrs. ROBINSON. The Court
reserved decision.
MIDNIGHT WEDDING IN COURT:
George SWARTWOUT was arrested on Saturday evening for breach of promise, on
complaint of Winifred LEWIS, and was locked up in the Fifth Precinct Station.
He declared that he was ready and willing to marry Miss LEWIS, and Justice
ELLIOTT was sent for. Shortly before midnight the Justice opened court, and
Rev. J. Miller HAGEMAN performed the marriage ceremony, whereupon the
bridegroom was discharged.
20 April 1878
VERDICT AGAINST THE SHERIFF
In the City Court yesterday, N.C. BARTLETT, a flour merchant, of 14 Front
street, New York, recovered a judgment for $664, against Sheriff DAGGETT, for
an alleged illegal levy and execution upon a bakery located at No. 669
Bedford avenue. BARTLETT set up that he purchased the bakery from Lyman F.
PETTE. The Sheriff seized the property on a judgment for $314, obtained by
Louis GREENBAUM, against PETTE. The case was tried once before when the jury
rendered a verdict for plaintiff for $1,114. Judge MCCUE, set the judgment
aside on the ground that it was excessive.
SURROGATE COURT--BEFORE HON. ABRAM H. DAILEY
Wills proved--Elizabeth LOCKITT, Balzer ZASCHINGER, Rosanna MCMANUS, Neil
MCGROARTY, Maria GRINNEN and Henry SCHRIEFER, all of the city of Brooklyn.
Letters of administration were granted upon the estates of the following
deceased persons, viz,: Christopher C. BOONE, William H. SNIFFEN, Alice
CREED, Eleanor TREDO, John D. MARTENS, Sarah A. DICKSON, Louis COHEN,
Catherine M. MEYERS and Margaret MCGAUGHRAN, formerly Margaret LANGLEY, all
of the city of Brooklyn.
Letters of guardianship on the person and estate of Elizabeth SCHWARTZ were
granted to Louis DROFF, of the town of New Lots: Samuel Henry BENNETT to
Samuel BENNETT; Nathaniel H. LOOMIS to Edward P. LOOMIS, William E. CLAYTON
and Elizabeth CLAYTON to Maria CLAYTON, Fanny E. TARTE to Nicholas DUGAN,
and Agnes J. HONDLOW and Margaret HONDLOW to William SHORT, all of the city
of Brooklyn
22 April 1878
SENTENCES IN THE COURT OF SESSIONS:
Judge MOORE, in the Court of Sessions today passed sentence on the following
named prisoners;
-Wm. JACKSON, a young Englishman, who arrived in this country in February
last, since which time he committed fourteen distinct grand larcenies, was
sent to the Penitentuary for six years.
-John SMITH, grand larceny, Penitentiary for two years.
-John COCHRAN, larceny, Penitentiary for one year.
-Charles GLENN, burglary, Penitentiary for three years.
-Charles Cordes, assault and battery, fined $100 or stand committed for
ninety days.
-Patrick BURNS, attempt at grand larceny, County Jail for ten days.
-James MILLER, petit larceny, Penitentiary for six months.
TWO WITNESSES COMMITTED FOR PERJURY AND BIGAMY:
In the Court of Sessions today Mary FREEMAN, a colored woman, was tried for
keeping a disorderly house at 624 Flushing avenue. Daniel ODELL, a colored
witness was committted by Judge MOORE for perjury and bigamy, and ODELL's
wife Mary, a white woman, also a witness, was committed for bigamy, as she
admitted that she knew ODELL was already married when they were united.
27 April 1878
THE COURTS;Surrogate's Court-Before Hon. Abram H. Dailey
Wills proved--
Bridget STEWART, of the town of New Utrecht;
Ann WORTHRIDGE,
Charles Henry FOWLER,
Catherine D. ELWELL,
Simon BRECHTHOLD,
Susan WATERSTON,
Catherine PAPE,
Samuel E. CLAPP
Timothy CAHILL, all of the city of Brooklyn.
Letters of administration were granted on the estates of the following named
deceased persons, viz.:
Mary A. TURNER,
Sarah WHITE,
Sophia Martin JOHNSTON,
Sarah Johnston WARNER,
Andrew KELLER,
John E. NORCROSS, all of the city of Brooklyn.
Letters of guardianship of the persons and estates
of John Dows ORR, Mary Moore ORR, and Juliet Eaton ORR, were granted to Alexander E. ORR,
of Samuel C. DODD to George F. DODD, his father, all of the county of Kings.
AN IDIOT'S ESTATE:
Counsellor George P. SHELDON, who was appointed referee by the Supreme Court
to take testimony in reference to the person and estate of James Morris
SHARP, an idiot, new an inmate at the Home of Incurables, Flatbush, submitted
his report today recommending that Dr. Thomas WILD, M.D., be appointed the
committee of the person and estate of the aforesaid idiot. The latter is the
owner of real estate in this city, which came into his possession by
inheritance. The committee is required to give bonds in $7,000 for the
faithful execution of his trust.
1 May 1878
TROUBLE IN THE LITTLE FAMILY
Mrs. Elizabeth M, LITTLE entered an action in the Supreme Court today,
against Henry M. LITTLE, for absolute divorce, on the ground of animal
conduct. Summons and complaint were served on defendant, but he has
interposed no answer. This forenoon Justice GILBERT appointed Almet F. JENKS
referee, to take testimony and report to the Court.
Charitable Requests.
Mrs. Honora DUNCAN, who died lately at her residence at 233 Nostrand
Avenue, this city, leaving an estate worth over $20,000 had no descendants
living. She was seventy years of age. She devoted the most part of her life
after the death of her husband, William DUNCAN, in 1873, to charitable
deeds. Her will, which was offered for probate yesterday, gives a portion
of her property to her nieces and nephews, in sums ranging from $300 to
$600 each, $1,000 to the Roman Catholic Orphans Asylum under the care of
the Sisters of St. Joseph, and $600 to the Home for the Aged of the Little
Sisters of the Poor, in Bushwick Avenue, Brooklyn. The remainder of her
estate she gives to the Roman Catholic Orphan Asylum.
The Will of Dr. George EILINGER.
Dr. George EILINGER, who died suddenly on the 17th of February last, left
property, real and personal, of value of $100,000. This will was admitted
to probate by Surrogate DAILEY today. By that instrument he bequeaths
$25,000 cash and one-third or dower interest in his real property to his
wife, and the other two-thirds of his estate to his children, Mina, wife of
Dr. PIERSOL; Natalie, wife of Eberhard FLUES, and Richard, Otto, and
Arthur, all of whom reside in Philadelphia.
2 May 1878
Decree of Divorce Granted.
In the Supreme Court yesterday Justice GILBERT granted a decree of divorce
in the case of Annie C BIXBY against Charles M. BIXBY. The custody of the
child is given to the mother.
The AINSLIE Will Case.
Mrs. Eliza MESEROLE, one of the legatees under the will of Mrs. Mary
AINSLIE, aged eighty, who died in South Fifth Street, E. D., on April 5,
leaving property worth $200,000, yesterday filed an affidavit with
Surrogate DAILEY, objecting to the granting of letters testamentary to
James AINSLIE and Robert AINSLIE, the brothers-in-law of Mrs. AINSLIE, who
are the executors under the will. Mrs. AINSLIE was the widow of a long-time
resident of this city, who owned a ? in Williamsburgh. Ainslie Street took
its name from him. One peculiar provision of her will, designed to protect
the proprietors of the Grand Street Ferry Company, in a lease she had made
to them of land near the ferry, in which all persons in interest did not
join, directed her executors to withhold from the ? of the beneficiaries
under the will all the costs and expenses incurred in trying to break the
lease, in case any of them undertook to disturb the tenants. The objections
made by Mrs. MESEROLE are not directed against any wish of the legatee in
the disposition of the property.
3 May 1878
Acquitted with a Warning.
Mrs. Eliza CRONCHER, laundress, 704 Atlantic Avenue, charged her husband,
Henry CRONCHER, with assault and battery and deserting her, this morning,
in Justice BLOOM's Court. A second charge was also made against CRONCHER by
Anthony GERBAUSER, of threatening to "put a bullet through him." After
hearing testimony pro and con, Justice BLOOM acquitted the husband, warning
him, however, if he did not support his wife and live with her, not to molest her.
Illicit Distillers Pleading Guilty
John MCCRACKEN and John O'ROURKE, who were arrested some time ago for
keeping an illicit distillery at the corner of Grand and Flushing Avenues,
pleaded guilty today before U.S. Commissioner WINSLOW. They will be
sentenced on the 17th inst.
Ennis MCFALL, a special police officer, acted disorderly last evening in a
Broadway car and threatened to shoot the conductor. The passengers
scattered out of the car and Officer FORBES arrested MCFALL. As no one
appeared against him his morning Justice ELLIOTT suspended sentence for intoxication.
Peter EAGER, of 217 Second Street, it is alleged willfully broke a pane of
glass in the beer saloon of Henry SCHLICHT, 100 Grand Street, last evening,
because the proprietor would not "hang him up." Justice ELLIOTT, this
morning adjourned the case.
4 May 1878
The FITZPATRICK Homicide.
John RILEY was put under $1,000 bail by Coroner NOLAN(?) to appear as a
witness in the case of his father, James RILEY, who was committed for
killing Patrick FITZPATRICK, at 268 North Seventh Street, a few weeks ago.
This morning John RILEY was before Judge REYNOLDS on a writ of habeas
corpus, his counsel, C. A. PATTERSON, claiming that the Coroner had no
right to put a witness under bail. Assistant District WERNBERG opposed the
motion for John RILEY's release, claiming that Coroners as well as Justices
had the power to detain witnesses under bail. Decision reserved until next
Thursday, and RILEY was remanded to jail.
Contests Wills.
Surrogate DAILEY yesterday decided in favor of sustaining the letters of
administration granted to Elizabeth WILKINSON, the third wife of Michael
WILKINSON, a policeman, who left property worth $5,000 to his wife. The
matter was contested by WILKINSON's children by his second wife, who set up
in their complaint that Mrs. Elizabeth WILKINSON was not the wife of their
father. This matter was put at rest today when that lady produced her
marriage certificate and also the judgment roll granting a divorce to
WILKINSON from his second wife, who is still living.
Surrogate DAILEY yesterday took up the contest about the estate of Mr.
HARRISON who made a half a dozen wills and as many codicils. The contest is
being made by decedent's widow, son and grandson. The estate was worth a
half of a million years, yet he only left his son $200 and his grandson
$100, and the balance of the property to distant relatives. Dr. COREY, of
South Oxford Street, testified that in his opinion, Mr. HARRISON was of
unsound mind. It was also shown that Mr. HARRISON, on one occasion, gave
his servant girl $4,000 in bank stock. It was produced in court by Messrs.
MORRIS and PEARSALL, counsel for the contestants. Case still on.
Surrogate Court Before Hon. Abram H. DAILEY.-Wills proved
George ELLIGER, of the city of Philadelphia, Pennsylvania;
John C. PHILIP,
Elizabeth SARGEANT,
George MOHR,
Frederick KRESS,
Daniel BARR,
Charles MEYER,
James BROOKS,
Jacob KOEBELEN,
Frank GILLIG,
Wm. M. DAVIS,
John CORNEY, all of the city of Brooklyn.
Letters of administration were granted to the estates of the following
named deceased person, viz:
Eleanor FONGER,
John HARBESON,
Charlotte M. C. BENSON,
Sophia M. JOHNSTON,
Jameson FOX,
Andrew BUCKBEE,
Ann CARTERS,
Mary A. FRIEL,
Sarah A. STILES(?),
Adela GAY,
Henry F. CORDES,
Lemuel W. FREEMAN,
Jane Stewart STENSON, or STINSON,
George P. GORDON,
Hickory BOYLE,
Samuel GOTTEIB,
Ellen MCCAULEY,
Frederick ECHMANN,
Margaret DELANEY,
George PHINRIDGE,
Eliza GILL,
Wm M. DUNBAR, all of the city of Brooklyn.
Letters of guardianship of the person and estate
of Edith A. TORREY to Nora E. EMERSON,
of John H. FRIEL, Daniel F. FRIEL, and Margaret T. FRIEL to Cornelius R. COLYER;
of Elsie TALLMAN to Annie O. TALLMAN;
of Charles BORES to William BORES;
of Harry WILEY to Priscilla WILEY, all of the County of Kings.
Refusal to Pay Alimony.
In the Supreme Court, today, Justice GILBERT, in the case of Anna Amelia
DAVIS against Geo. D. DAVIS, an action for divorce, granted an order
requiring defendant to show cause why he should not be committed from
contempt of Court, for refusing to pay alimony to plaintiff.
The Rattan in School No. 12 The Case Before Justice RILEY.
Justice RILEY today concluded the trial of Miss Elmira THORNTON, Principal
of the Primary Department of Public School No. 12, accused by Mrs. Isabella
J. RAMSDELL, of No. 78 Cumberland Street, with having on the 30th ult.
abused her son Homer, aged 8, by striking him on the head with a rattan and
taking violent hold of him by the neck. He acquitted her.
The examination was begun yesterday. The boy testified that he had been
punished as alleged because Miss THORNTON charged him with breaking line.
He denied that he was impertinent.
Miss Carrie STAYLEY, a teacher, testified that all she saw Miss THORNTON do
was to push the boy ahead of her.
Mrs. RAMSDELL, the mother, testified as to finding marks on her son. She
admitted having on a previous occasion had difficulty with Miss THORNTON
when she went to "remonstrate" with the latter for sending Homer home,
because he had taken his lunch to school with him.
Miss THORNTON testified in her own behalf that she had struck the lad on
the head with a light rattan, but not so as to hurt him (he had on a felt
hat at the time) because in violation of rules he had pushed his way up
stairs while a class of younger boys was being dismissed. He had at first
refused to obey when she called him to her. She told him to pass to his
class room. He said he would tell his mother and faced her. She then took
hold of him by the collar and pushed him before her. He refused to hold out
his hand for punishment, and she struck him on the back with the rattan.
6 May 1878
The Matrimonial Troubles of Captain CURTIS and His Wife Helen.
Counsellor BENEDICT appeared before Justice BARNARD in the Supreme Court
this forenoon in behalf of Helen E. CURTIS against John R. CURTIS, an
action for a limited divorce on the ground of cruelty, and made a motion
for counsel fee and alimony pending the trial of the action. The complaint
sets forth that the parties were married two years ago in this city; that
the defendant is the captain of the steamship Potosi, plying between New
York and Mexico, and is in receipt of a salary of $100 per month, and an
additional compensation of $1 per day while in port; that defendant is a
drunkard and is six feet high and three feet broad across the shoulders:
that six weeks ago he abandoned plaintiff and swore he would not live with
her again. Of the acts of cruelty complained of is that in June, 1876, the
defendant seized the plaintiff and violently drew a tight ring from her
finger, lacerating the finger; that on another occasion when plaintiff and
her daughter (by a former husband) eighteen years of age, were on a visit
on board defendant's vessel the latter seized the young lady by the ankles
as she was going down the companion way steps, and dragged her for some
distance, and this in the presence of a number of men. Plaintiff asks the
Court for an allowance of one half her husband's salary for alimony and a
counsel fee of $125.
Defendant's counsel read a number of affidavits in opposition to the
motion, setting forth that plaintiff by her own papers shows that her case
is without any merit whatever; that since the acts of cruelty charged, 21
months ago, the parties have lived together; that when defendant married
plaintiff the latter was a widow with three children, two of them
daughters, nearly of legal age; that it was distinctly understood when he
married her that he was not to support those children, but that he has done
so, and this, with the extravagance of his wife, had driven him to refuse
her further support; that on one occasion when he returned from a voyage he
found that his wife had made an engagement at the Brooklyn Theatre as
dressing maid to Miss Ida VERNON, a matter that was distasteful to him, and
calculated to bring him in disgrace. Defendant also charges unchaste
conduct against plaintiff, and cites Dr. MOFFATT, of this city, as
possessing the proof of the same. Decision reserved.
The SCHWABS and the ROEMERS.
Mrs. Margaret SCHWAB, wife of a lager beer dealer at the corner of Graham
Avenue and Moore Street, E. D., began an action in the City Court today
against Caroline ROEMER, of 154 Moore Street, to recover $2,000 damages for slander.
Mr. SCHWAB, wife of the before-named plaintiff, has also begun an action in
the same court against Lawrence ROEMER, to recover $2,000 damages for
slander. Defendant called plaintiff a "dieb" (thief) and said he could
prove it. SCHWAB took him at his word.
How He Loved Her.
George KLEIN, a German tailor, came sobbing into Justice GUCK's Court on
Saturday, and complained that his wife Salome Mary and their mutual friend,
Ferdinand WUEST, had deserted him and removed his furniture from their
residence on Powers Street to Graham Avenue and Maujer Street, where the
eloping couple were living, and when he had asked his wife to return home,
the couple threatened to assault him. WUEST was arrested for attempted
assault this morning, and the case adjourned. KLEIN was told by his lawyer
to apply for a divorce, but he said he only wanted his wife to come back
again, and all should be forgiven. "For," said he, "she's shoost so nice a
vooman's vat nefer lifed, und of she don't vash coom back, I kills myself,
so sure vat I lifs!" (quote transcribed as it appears in the paper)
8 May 1878
Barnyard Pets in a Dwellinghouse.
Frederick KRICKHAHN recovered a judgment for $75 in the City Court
yesterday against his former landlady, Mrs. Anna M. MANGELS. The plaintiff
is a cabinet-maker, and formerly occupied the house and store, No. 842
Fulton Street, belonging to the defendant. Plaintiff was a fancier of
barnyard pets, and ducks, fowls, geese and goslings were allowed free
course through his premises. His landlady procured a dispossess warrant
against him, and early on the morning of July 27, a constable acting under
the instructions of Mrs. MANGELS, deposited him, his goods, wares,
merchandise, and barnyard favorites in the street; hence this suit at law.
Baldwin H. STRAUSS was counsel for the plaintiff.
LEFFERTS-BREVOORT ESTATE.
A Decision of the Court of Appeals that must Vastly Benefit Brooklyn.
All obstacles to the sale of the "North Farm," or Lefferts-Brevoort estate,
lying between Bedford and Stuyvesant Avenues on one side, and Halsey and
Putnam Avenues on the other, devised to Mrs. James Carson BREVOORT for her
lifetime and to her issue in fee simple at her death by her father, the
late Judge Leffert LEFFERTS, the first President of the Long Island Bank,
having been removed by the recent decision in the partition suit of Mr.
BREVOORT by the Court of Appeals, the magnificent property is now about to
be sold. On the 15th of May next, at noon, Mr. J. COLE, auctioneer, will
sell at the Commercial Exchange, No. 389 Fulton Street, 534 lots situated
in one of the best sections of Brooklyn, in the neighborhood of Bedford
Avenue. The surrounding property is all improved and the lots are
immediately available for first class buildings. They remained in their
present condition owing to the term of Judge LEFFERTS' will, but the
partition suit having been finally settled and a clear title established
for purchasers they become most valuable property. Seven lines of cars run
through or close to them or connect them with the ferries. The decision of
the Court of Appeals under which they are sold will prove of vast material
benefit to Brooklyn, as this magnificent district will doubtless by built
up immediately. The North Farm was originally purchased by Judge LEFFERTS'
father for 1,282 pounds 10s from Cornelius VANDENHOEVEN.
Barnyard Pets in a Dwellinghouse.
Frederick KRICKHAHN recovered a judgment for $75 in the City Court
yesterday against his former landlady, Mrs. Anna M. MANGELS. The plaintiff
is a cabinet-maker, and formerly occupied the house and store, No. 842
Fulton Street, belonging to the defendant. Plaintiff was a fancier of
barnyard pets, and ducks, fowls, geese and goslings were allowed free
course through his premises. His landlady procured a dispossess warrant
against him, and early on the morning of July 27, a constable acting under
the instructions of Mrs. MANGELS, deposited him, his goods, wares,
merchandise, and barnyard favorites in the street; hence this suit at law.
Baldwin H. STRAUSS was counsel for the plaintiff.
10 May 1878
Mr. DE LA MONTAIGNE's Estate.
The Contest over the will of William DE LA MONTAIGNE, formerly a wealthy
builder, who died last summer at No. 648 Greene Avenue, aged eighty-five,
leaving property worth $60,000, was resumed before the Surrogate yesterday,
and was continued today. Decedent left a will in which he divided his
estate equally among his children and grandchildren, with the exception of
the children of Mrs. WHITMORE, a deceased daughter. The will is contested
by Mrs. Corinne GAYLOR, a daughter of Mrs. WHITMORE, who was a favorite
grandchild of her grandfather, the deceased. The will was admitted to
probate in September, 1877. The executors, in distributing the estate, paid
to Mrs. GAYLOR a legacy of $500, and took a release from her against future
claims on the estate. Subsequently Mrs. GAYLOR demanded the return of the
paper, which she said she had signed when she was almost blind with pain.
Then she began the contest of the will. Testimony was taken to show that in
1873, when the objectionable codicil to the will of 1868 was made, Mr. DE
LA MONTAIGNE was too feeble in mind to resist any demands made upon him,
and that he seemed conscious of the existence of a person only so long as
the person was in his presence. The contestant avers that she was his
favorite grandchild, and that there existed no reason why he should have
excluded her from his bequests. She says that her grandfather was wholly
under the influence of Mr. MEAD (one of the executors) and his wife. Graham
WHITMORE testified that Mr. MEAD bought his grandfather's clothes, attended
to all his business, for which he received $1,200, and seemed to direct his
whole life. Once Mr. MEAD threw the witness out of the house, and showed
much enmity to him. His grandfather ate little in his later years, and took
whiskey at his meals. Decision reserved.
No Alimony for Mrs. CURTIS.
In the matter of Helen E. CURTIS against Captain John R. CURTIS, of the
steamer Potosi, for limited divorce, Justice GILBERT in the Supreme Court
today denied the application of plaintiff for alimony and expenses with
leave of her to renew the application on terms. The difficulty with the
litigants arose out of the question whether the defendant was obliged to
support several adult stepchildren.
11 May 1878
Arraignment of Prisoners in the Court of Sessions.
The Grande Jury came in to the Court of Oyer and Terminer today, and
presented a large number of indictments against persons charged with crime.
By order of Justice PRATT the indictments were sent to the Court of
Sessions, where the accused subsequently pleaded as follows:
John NICHOLS, embezzlement. Not guilty.
Joseph CARMAN and
Wm. BARKLEY, jointly indicted for burglary in the third degree,
& grand larceny. Not guilty.
Wm. MCMULLEN, burglary in the first degree. Not guilty.
Horace F. CARLL, bigamy. Not guilty.
James RILEY, burglary in the second degree. Not guilty.
John MOORE,
Wm. MATTHEWS,
Michael MCGREGOR,
Patrick MURPHY, and
Thomas GOETLEY, jointly indicted for rape. Not guilty.
John RITERBERGER, an elderly German, indicted for a criminal assault
on a child. Not guilty.
James ARBUCKLE, burglary in the third degree. Not guilty.
Wm. HICKS, petit larceny. Not guilty.
Morris KEATING and
John MULLIGAN, jointly indicted for burglary. KEATING guilty, MULLIGAN not guilty.
Joseph OTTENBURG, grand larceny. Not guilty.
Charles A. FARR, embezzlement. Not guilty.
The trials of all the above were set down for the 22d and 23d inst.
Arraigned for Murder.
James RILEY, an old man, was arraigned in the Court of Sessions this
forenoon, and pleaded not guilty to an indictment charging him with the
murder, by shooting, of Patrick FITZPATRICK, at the house No. 268 North
Seventh Street, a few weeks ago, during a fracas between the prisoner's son
and FITZPATRICK. His trial was fixed for the 23d inst.
The Assailant of Captain Joel SMITH.
Ex-policeman Morris H. HEFFERNAN was arraigned in the Court of Sessions
today to plead to an indictment against him for assault and battery, with
intent to kill, Captain Joel SMITH, of the First Precinct police. He
pleaded not guilty. Judge MORRE fixed the trial of the accused for the 23d inst.
Surrogate's Court Before Hon. Abram H. DAILEY.-Wills Proved
Eliza PURNETT,
Shubael A. DARLING,
Mary AINSLIE,
Era HERLING,
Michael DOHENY,
John L. SHARPE,
Esther Ann SILLECK,
William WRIGHT,
Amy B. TOMLINSON,
Sarah Jane ROSS,
John Nathan WILLIAMS,
Seraphina B. LEEK
Roderick O'NEILL, all of the city of Brooklyn.
Letters of Administration were granted on the estates of the following
named deceased persons, viz:
Catharine BROSSAMLE,
Ralph T. CHAFFEE,
Hickory BOYLE,
Frederick W. LAMB,
William DUNCAN,
Samuel GOTTLIEB,
Elizabeth RICKMAN,
Elizabeth FASSOLD,
Harriet L. HILLARD,
William STEWART,
Francis CARTER,
John SPERRY,
George MALCOLM,
Richard ASCHCROFT,
Sarah E. LANE,
Mary HAND,
John HAND,
Mary L. ORR, all of the city.
Letters of guardianship of the person and estate
of Bernard O'NEILL, Teresa O'NEILL, Joseph O'NEILL, John J. O'NEILL, and
Mary O'NEILL were granted to Teresa O'NEILL, their mother;
of Marguretta WATERHOUSE, Dora WATERHOUSE, William WATERHOUSE, Andrew WATERHOUSE,
Maria WATERHOUSE, and Catharine WATERHOUSE to John R. PLANTEN;
of Charles B. VAN NOSTRAND to Jennie C. VAN NOSTRAND,
all of the County of Kings.
13 May 1878
The Unhappy SCHMIDTS.
In the City Court today, Counsellor August ZIMMERMAN, on behalf of the
plaintiff in the case of Mrs. Barbara SCHMIDT for limited divorce on the
ground of cruel treatment, made a motion for the appointment of a referee
to try the case. The parties were married June 6, 1869, and had no
children. The defendant is a basket-maker, and resides in McKibben Street,
in the Eastern District.
18 May 1878
Surrogate's Court Before Hon. Abram H. DAILEY.-Wills Proved
Whitson JARVIS,
Barbara WAGNER,
Priscilla B. OLEDHILL,
Dolan BURRELL
Eliza BENTON, all of the city of Brooklyn.
Letters of Administration were granted in the estates of the
following-named deceased persons, viz.:
Anne PAGE,
Joseph STERN,
Claus MAASEN,
Eliza M. STEVENSON,
George MALCOLM,
Mary A. W. BISHOP,
Connell SHIELDS
David WEIR, all of the city of Brooklyn;
Eliza COZINE, of the town of New Lots;
George ELLIGER, of the city of Philadelphia, Pennsylvania.
Letters of Guardianship of the person and estate
of Herman WEHLER were granted to Charles KARUTZ;
of William PALMER, Minnie PALMER, Kate PALMER,
Robert PALMER & Joseph PALMER to Isaac J. PALMER;
Ludlow W. VALENTINE to Catharine A. VALENTINE, all of the city of Brooklyn.
Arrest in a Divorce Suit.
Justice PRATT, in the Supreme Court today, granted an order for the arrest
of Wm. ROSS, a collector for the Williamsburgh Gas Light Company, who is
the defendant in a suit for divorce brought against him by Mrs. Anna M.
ROSS. The affidavit upon which the arrest was granted sets forth that the
defendant was disposing of his property, and was about to return to
England, of which country he is a native. The Court ordered the defendant
to be held in $1,500 bonds.
The CURTIS Divorce Case.
In the Supreme Court today, Justice PRATT denied the motion in the matter
of Helen E. CURTIS against Captain John R. CURTIS for divorce, to vacate an
order of arrest against defendant, whom, it was alleged, was ready to go to
the Cape of Good Hope.
20 May 1878
Another Broken Home.
In the Supreme Court today, Justice PRATT appointed ex-Justice SLOCUM, of
Queens County, referee, to try the case of Georgianna CRAWFORD against
Samuel CRAWFORD, for divorce.
The Unhappy Copcutts.
The trial of the case of Vincent W. COPCUTT against Annie E. COPCUTT for
absolute divorce, on the ground of criminal conduct, was begun in the City
Court today before Judge MCCUE, without a jury. The parties were married
April 27, 1872, at the Perry Street Methodist Church, New York. Plaintiff
is a painter and resides at No. 139 Walton Street, E. D. Messrs. BURKE,
SKIDMORE, and SMITH are named in the complaint as particeps criminis. Henry
Z. HEINSEL gave damaging testimony against the defendant. The defense is a
general denial. The case was adjourned until Wednesday.
22 May 1878
The BOWEN Abandonment Case.
The abandonment case of Mrs. Lilly BOWEN against her husband, Henry A.
BOWEN, came up this morning before Justice FERRY. Mrs. BOWEN was not in
court, but was represented by her counsel, ex Judge COAT. The defendant had
no legal adviser, but was accompanied by his father. At the request of the
defendant an adjournment was granted for another week, under the impression
that it would probably result in a settlement satisfactory to the wife.
25 May 1878
For Old Acquaintance Sake.
Justice WALSH today recognized an old offender, Edward TUCKER, arraigned
before him on a charge of stealing a piece of cloth from Solomon J. FISHER,
of 147 Fulton Street. The Justice had once held him for the Grand Jury, the
result being that the prisoner spent two years in the Penitentiary. His
Honor promptly sentenced him to six months in the Penitentiary.,
27 May 1878
A Movement to Break the Will of the Late Edwin Forrest.
The matter of W. B. FORREST against the Trustees of the Edwin FORREST Home,
came up in the Supreme Court today, on a motion of plaintiff's counsel to
allow him to put some interrogatories in the complaint, in order to
ascertain if decedent left plaintiff a certain piece of land 10x20 in
Westchester. The motion was opposed on the ground that plaintiff's real
object was to ascertain the total value of the FORREST estate. Plaintiff
was the nephew of FORREST the actor. The latter at his death left property
in New York, New Jersey, Kentucky, Michigan, and Pennsylvania. His will was
drawn by a lawyer in Philadelphia, but so faulty was its construction that
it opened wide the door for litigation of malcontents, among them the
plaintiff, who expects to have the will rejected. Decision reserved.
Trouble in the Smith Family.
Charles H. SMITH, an organist in one of the Brooklyn churches, began an
action in the Supreme Court a few days age against his wife, Antoinette P.
SMITH, for absolute divorce, on the ground of infidelity. The parties were
married December 1, 1863, at Northampton, Mass., and have no children. The
complaint sets forth that defendant is living with Andrew S. SPARKS, at No.
201 West Fourteenth Street, New York. The case came up before Justice
BARNARD today, on motion of Anthony BARRETT, defendant's counsel, for
counsel fee and alimony pending the trial of the action. Decision reserved.
Nothing Stronger than Coffee at Patchogue.
The matter of the People ex rel. Austin ROE against the Board of Excise of
the town of Brookhaven, Suffolk County, came up in the Supreme Court today,
before Justice BARNARD, on an application made in behalf of the relator for
a write of mandamus to compel the defendants to issue to him a license to
sell spirituous liquors. Relator in his moving papers set forth that he was
the proprietor of the Eagle Hotel Patchogue; that defendants at a recent
meeting adopted a resolution not to grant any liquor licenses for the term
one year; that the defendants would not probably meet in their official
capacity for six months; and that a delay of that character would be almost
fatal to his summer business.
The application was opposed on the ground that counsel had not made his
application in legal form, hence the remedy applied for was premature.
Decision reserved.
Trial of an Old Man for Murder.
James RILEY, aged sixty, was put on a trial in the Court of Sessions, today
charged with murder in the second degree, for killing Patrick FITZPATRICK,
aged twenty-three, by shooting, on the 21st of April last, in the rear of
No. 268 North Seventh Street, E. D., where the prisoner resided.
The prisoner's son John and FITZPATRICK had been drinking most of the day
together, and got into an altercation, of which the shooting was the result.
District-Attorney CATLIN appeared for the People, and Barrett & Patterson
for defendant. The accused was attended in Court by his aged wife, and son
and daughter. Case still on.
31 May 1878
THE RAILROAD MURDER.
CAPTAIN MACKELLAR ARRESTS A MAN ON SUSPICION.
Grounds upon which the Arrest was Made An Extract from Primrose's Time
Book The Juries, Etc.
Captain MACKELLAR, of the Eighth Precinct, is working energetically and
intelligently to discover the person or persons who placed the tie and
stones on the track of the Prospect Part & Coney Island Railroad Wednesday
night, causing the wrecking of a construction train and the death of the
conductor, brakeman, and three laborers. The scene of the occurrence being
just within the city limits, it devolves upon him especially to do what he
can to ferret out the perpetrators of the diabolical deed, and one step was
taken by him this morning that circumstances seem to have warranted him in
taking. The step was the arresting at five o'clock, through the agency of
Detective DRUBEN, of a laborer named Thomas HYLAND, twenty-six years of
age, married and living at No. 160 Twenty-first Street, on suspicion of
being the guilty party.
The captain says that HYLAND was for some time one of the construction gang
in charge of conductor George PRIMROSE, and was discharged by him a little
over a week ago for leaving his work to carouse in a liquor saloon. He also
says that at the time hot words passed between them, and that it is stated
that HYLAND left threatening to "get square" with PRIMROSE. According to
the captain, HYLAND upon being informed of the terrible suspicions against
him, treated the matter very lightly. PRIMROSE's time-book shows that
HYLAND worked three days during the week ending May 18, his account closing
on Tuesday. The other members of the gang that week were H. DIERINGER, W.
H. CRAFT, H. MCCARROLL, J. STEELE, P. READLEY, John CLEAR, Owen WARD, J.
GROGHAN, P. COOK, T. TIERNEY, G. ALLARE, P. RYAN, J. CASSIDY, M. CARNES, P.
MCCUE, and D. TOMEY, a list that may prove valuable to the authorities
should they want evidence as to HYLAND's innocence or guilt.
IN COURT.
HYLAND was taken down to Justice FERRY's Court this morning by Detective
DRUBEN on a charge entered against him. The prisoner seemed to treat the
matter very lightly, especially as no one at present has come forward as an
eye-witness of the dastardly act. The detective believes, however, he has
got the right man.
As stated yesterday, the inquest will take place next Tuesday evening at
the Morgue. Two juries have been impaneled for the occasion. In the case of
CRAFT, the brakeman, who died at the Long Island College Hospital, the jury
comprises the following:
William COAKLEY, Harrison and Hicks Streets.
W. B. BRADFORD, 23 Wyckoff Street.
John GILCHRIST, 707 Jefferson Street.
Frederick SCHENFELDT, 110 Atlantic Avenue.
William JOGOE, 350 Hicks Street.
Michael MCGLYN, 45 Columbia Place.
John KENNY, 490 Hicks Street.
Michael KENNY, 400 Hicks Street.
In the case of the four men whose bodies were taken to the Morgue, the
following were impaneled a jury:
Oliver BLACKLEDGE, 521 Myrtle Avenue.
James BENNETT, 530 Myrtle Avenue.
John MCINTEE, 214 Schenck Street.
Charles A. LEFFERTS, 242 Myrtle Avenue.
George BASTEDO, 261 Myrtle Avenue.
Alonzo A. HALL, 151 Clinton Avenue.
E. A. NORTHROP, 594 Myrtle Avenue..
W. J. FRANCIS, 5 Greene Avenue.
THE COURTS.
Sentences in the Court of Sessions.
A number of prisoners were called up for sentence in the Court of Sessions
this morning, but previous thereto, John NICHOLS, who pleaded guilty of
embezzlement some few days ago, was brought up, and Judge MOORE said that
inasmuch as it has appeared that his offence was perpetrated in New York
City, it would be necessary to send him thither to be dealt with as the New
York authorities deemed proper. He was accordingly remanded for that purpose.
James ARBUCKLE, convicted of burglary in the third degree, was then
sentenced to three years' imprisonment in the Penitentiary.
An old and dwarfish specimen of a man named Herman GOLDSCHMIDT, who
reminded observers somewhat of RUBENSTEIN, the murderer, was then brought
up to be sentenced for bigamy, and the Court said that, owing to
circumstances which justified a lenient sentence, he would only impose an
imprisonment of fifteen months in the Penitentiary.
The other prisoners sentenced were as follows: John Fox, assault and
battery, three months in the Penitentiary.
Wm. VAN WINKLE, petty larceny, ten days in the jail.
Edward NETHERCOLT, obtaining goods under false pretences, ten days in jail.
Frank MURRAY, same offence, twenty days in jail.
John MOORE, Michael MCGREGOR, Patrick MURPHY, and Thomas GROETTY, assault
and battery, one year each in the Penitentiary. John MATHERS, charged with
the same offence, was allowed to go on his own recognizance until wanted.
1 JUNE 1878
THE SENTENCE OF JAMES RILEY
JAMES RILEY, who was convited recently of manslaughter in the 3rd. degree for
killing PATRICK FITZPATRICK, was sentenced by Judge MOORE in the Court of
Sessions this morning to 3 years imprisonment in the Penitentiary, remarking
that it was probably owing to his previous good character and his age that
the verdict was not for a higher offence. He and his family burst into tears
as he was removed from the court-room.
THE COLLINS DIVORSE SUIT
In the case of NELLIE L. COLLINS, against her husband, WILLIAM T., the
retereo?
has reported in favor of an absolute divorce on the ground of defendent's
adultery. The parties were married in 1866, when plaintiff was but 14 years
of age. She has now 2 daughters, 8 and 10 years of age respectively, and
keeps a boarding house in Schermerhorn st.
Wills proved--
E?D? FREDERICK MEYER
MARY REEVE
JOHN S. BROWN
MICHAEL BURKE
JOHN EVERS
CATHERINE L. STIPPER
MARGARET H. SANFORD all of the city of Brooklyn
Letters of administration were granted on the estate of the following
named deceased persons, viz.:
SARAH G. ACRAMS
PATRICK MCINTIRE
JANE B. ALLEN
FREDERICK J. GOVEN
CHARLES R. NICOLES
AMY J. DIXON all of the city of Brooklyn
Letters of guardianship of the person and estate of
MICHAEL J.L. RICORDS were granted
LEWIS A. RICORDS, his father ,
CHARLES B.T. BENTON to
SAMUEL D. MORRIS,
JULIUS BEMIT to
CONSTANCE NORE, all of the county of Kings.
6 June 1878
Eastern District-JAMES J. DOWNEY, who was arrested some weeks since charged with
abducting BESSIE McELROY, a girl of 16 years of age, was discharged this
morning by Justice ELLIOT, the District-Attorney having abandoned the case.
DOWNEY has yet to answer for abandoning his wife.
Eastern District-EDWARD O' BRIEN, who was arrested for dangerously wounding J. KEENAN
with a shovel, in New York, on Monday, was discharged this morning by Justice
ELLIOT, who had no jurisdiction in the matter.
8 June 1878
THE BROACH DIVORCE CASE
JOHN H. BROACH, of the Eastern District, recently obtained a degree
of divorce in the Supreme Court against his wife, CAROLINE ISOLINE, on the
grounds of criminal conduct. The matter of the custody of the child of the
lidigants, GEORGE, aged 10 years, was referred to E. H. POMEROY to take
proof, who today made his report in favor of giving the custody of it to his mother.
Greenpoint-FREDERICK SCHNELL, a boy of 6 years, who ran away from the Eastern
District Industrial School yesterday, was found in Greenpoint by a police
officer last night, and this morning sent back to the school.
SURROGATE'S COURT--BEFORE HON. ABRAM H. DALY
wills proved
BRIDGET TOMNEY
HUGH BRADY
HUGH GAYNOR
HERMAN HESSBERG
MARY MURPHY
ELIZABETH H. SIGRIST
CATHERINE DEEN
JOSEPH REGAN
MARGARET SCULLY, all of the city of Brooklyn
Letters of administration were granted on the estates of the following named
deceased persons.
SUSIE H. MATBER of Westfield, Union City N.J
EPHRIAM CORNING
JOHN BRUNO
ELIZABETH BRADLEY CHUBB
MARGARET McANALLY
MARY A. WOODRUFF
PATRICK O'DONNELD
CATHERINE MILLER
PATRICK CLIFFORD
ANNA WALSH
PATRICK NASH, all of the city of Brooklyn
Letters of guardianship of the persons and estates of
LYDIA LOUISA BEHARD, were granted to
SAMUEL D. MORRIS.
GEORGE S. ALBERTSON & AMY G. ALBERTSON to
ISABELLA McDONALD
CATHERINE SCHLUESSER & LIZZIE SCHLUESSER to
GRACE SCHILLING
JANE F. HOLT to
WILLIAM H. J. DeMARRAIS.?
DANIEL G. DINNEGAN to
SIMON DINNEGAN, all of the city of Brooklyn
CHARLES WALSH, 15 years of age, was sent to the House of Refuge for 1
year this morning by Justice ELLIOTT, for stealing property valued at $19
from the residence of WILLIAM S. CONELY, 323 South 5th. st. yesterday.
KATE GRUMBACH, of 35 Meserole st. a dissapated woman who neglected her
5 children, was sent to jail for 10 days by Justice GUCK this morning.
JOHN FRISCHMANN, a drunken tailor, of 67 Ewen st. was sent to the
penitentiary for 30 days by Justice GUCK this morning, for asssaulting
MARIANE HEYMANN, a. co-defendent.
10 June 1878
ADJUSTED TO BE INSANE
Jacob BISHOP, 42 years of age, a farmer by occupation, became so
threatending and boisterous at his residence, No. 123 Cook st., last evening,
that fears of his sanity were entertained, and he was locked up at the 6th
precinct Station. This mornign Dr. Jospeh CREAMER examined BISHOP and sent
him to the Insane Asylum at Flatbush.
Greenpoit-Edward SAULT, of 107 Noble st., who was arrested on suspicion of
having stolen a watch, the property of Henry WATERBURY, was honorable
discharged by Justice ELLIOTT.
THE DIVORCE MILL
In the Supreme Court today Justice PRATT rendered decisions in the
following named actions for divorce:
Sarah M. LEWELLYN vs. John LEWELLYN. Alowance of $75 councel fee
and $12 per week to plaintiff.
Catherine E. RICKS vs. Edwin M. HICKS. Counsel fee of $75, but no alimony.
Frederick R. SHAW vs. Sarah C. SHAW. Degree of absolute divorce granted.
A LIVERY STABLE KEEPER'S DIVORCE SUIT.
Anna J. BOWEN some time ago began an action in the Supreme Court
against Asa BOWEN, livery stable-keeper of Boerum st., for absolute divorce.
The Court, pending the trail of the case, ordered defendent to pay $15 per
week alimony. Defendent refused to obey the mandate of the Court, and this
forenoon, on motion of the plaintiff's counsel, Justice DYKINAN granted the
motion requiring defendent to show cause why he should not be punished for contempt.
A NOVEL ANSWER IN A FORECLOSURE SUIT
In the Supreme Couty today, before Justice DYKMAN, application was made
in the case of the Equitable Life Insurance Society against JOSEPHINE and WM.
PAGE, to foreclose a mortgage of $15,000 on an elegant house occupied by
defendents on Grand, near Gates ave. The male defendent sets up a counter
claim, and says the plaintiff owes him $75,000. He says that he was the
discoverer, author, and inventer of a new system of life insurance, which was
adopted by the plaintiff, and out of which tha latter has made one million of
dollars. The Court reserved its decision on the question, whether the case
should be tried by jury, or through a referee.
THE CUSTODY OF A CHILD
The Special term room of the City Court was crowded this morning by
fashionably dressed ladies and gentlemen, interested in the matter of the
custody of a little girl 11 years of age named MARY LARKIN, who is now and
has been since July, 1871, in the custody and care of Mrs. MARIA BISSELL, of
Lafayette ave., near Throop ave. In the year named FRANK LARKIN, the father
of the child was about to put the child in the county institution at
Flatbush, when Mrs. BISSELL, who has the reputation of being a very
philanthropic lady, requested the father to give her the child and that she
would rear her as her own. The father was only to happy to comply with the
request, and since that time the little one has been kindly treated, clothed
and educated by her ward and benefactor. Mr. LARKIN went to California, where
he now resides. Recently DAVID J. LARKIN, who one day last week served a
process on Mrs. BISSELL, requiring her to show cause why she should not be
surrendered to its brother. Mr. JERE. WERNBERG appeared as counsel for the
petitioner, and JAMES W. RIDGEWAY for the respondent. The latter made a
return to the suit, and his opponent traversed it. The matter was adjourned
until Saturday, when testimony will be taken.
11 June 1878
DISFIGURED FOR LIFE
Justice WALSH, this morning sentenced JAMES WALSH alias "Butcher" to
6 months in the Penitentuary for striking ANN CRAYNOR, 5 years, of Tillery
st., in the face with a stone he had thrown aat a young man. The child's lip
was laid open and several teeth knocked out. (Walsh and Walsh not a typo)
THE SUICIDE OF MR. ROBERTSON
The sucide of Mr. ROBERTSON, of No. 197 Dean st., who shot himself
yesterday, a jury impallelled by Coroner SIMMS yyesterday afternoon, found a
vedict of suicide while laboring under temporary aberration of mind brought
on by sickness.
A LADY'S SUIT AGAINST HER HALF BROTHER
Mrs. ELIZABETH B. BENNETT, ayoung lady was yesterday awarded $1,500
damages by a Sheriff's jury, in her suit against her half brother, Michael
McKNIGHT, for assault. Plaintiff lives in New Utrecht. The assault grew out
of a family quarrel consequent upon the marriages of McKNIGHT to the widow
of ex-Supervisor MURPHY.
12 June 1878
A LESSON FOR THE FERRYMEN
WILLIAM T. CONKLING, one of the boat-hands at Catherine Ferry, on the
22nd. of April last, on being remonstrated with by THOMAS BALDRICK, of No.
165 8th. st., a passenger, for shutting the ferry gates in his face, struck
him on the jaw and used foul language. This morning Justice WALSH fined
CONKLING $25 for the assault.
SENTENCES IN THE COURT OF SESSIONS
In the Court of sessions today the following named prisoners were arraigned
abd sentenced;
TIMOTHY HUGHES, aged 18, indicted for burglary in the 3rd. degree, pleaded
guilty. He had previouslyserved a term in prison for a similar offence.
Justice MOORE sent him to the Penitentiary for 4 years and 6 months.
CHARLES W. DAILY, aged 23 years old who had served on term in prison, was
arraigned on a charge of burglary, and pleaded guilty. He was sent to the
penitentiary for 5 years.
PATRICK CONNOLLY, alais"Punch Devlin" , 20 years of age, and has already
served 3 terms in the Penitentiary, was arrainged and pleaded guilty to an
indictment for grand larceny from the person The accused in reply to
questions by Judge MOORE said that his previous offences had been till
tapping and pocketbook snatching. The accused was sent to the Penitentiary
for 4 years and 6 months.
14 June 1878
CHASE AND CAPTURE A MAN ARRESTED FOR ASSAULTING HIS SISTER
CHARGE OF BURGLARY--HOW SERGEANT CAIN WAS NOT TRIPPED.
Cries of "Murder" at 9 o'clock last night attracted the attention of
Sergeant CAIN to the sidewalk in front of No. 77 Court st. Seeing a man and
woman quarreling the Sergeant crossed the street, when the man fled. CAIN
pursued and the man tried to trip by suddenly dropping in front of him, but
got the worst of the ruse, as the officer, a large man landed on his back,
quickly arrested him. The prisoner proved to be JOHN CAHILL, a plumber, of 42
prospect st., and the woman his sister, Mrs. McDAY, of 77 Court st., who
charged him with assaulting her because she refused to give him money. ABRAM
HINCHILIFF, musician, of 36 Boerum pl., charged him in Justice WALCH'S Court,
this morning with being the person who on the 22nd. of February,
burglari??ously robbed his house of money and jewelry to to value of $53.00.
Justice WALSH adjourned the examination.
A MARRIAGE FOLLOWED BY A BREACH OF PROMISE SUIT
THE WEDDING FESTIVITIES OF MISS MARY E.L. MARSHELL--A LADY WHO DISCARDED A
YOUNG LOVER AND MARRIED AN AGED ONE--A CA???HUMPIAN SERENADE AND A SUIT FOR
$5,000 DAMAGES.
Mr. Francis N. DOMINICK a well known and respected citizen of the
E.D., who resides at No. 188 South 2nd. st., and has recently fallen heir to
a fortune, was married to Miss Mary E.L. MARSHELL, eldest daughter od JOSEPH
W. MARSHELL, at the Baptist Church, corner of 8th. and South 5th.sts., last
evening, Rev.C. RHODES efficiating.
The church was crowded, the marriage having been much discussed, in
consequence of the age of the contracting parties, Mr. DOMINICK being 67
years of age, and Miss MARSHELL'S age being 19 years. It was also known that
the young lady discarded a young man George W. LEWIS, who resides on 11th. st.
Many hundreds of persons were, unable to obtain admission to the
church, and when the bride drove up and ascended the steps her choice was
loudly questioned by many of the crowd.
She was dressed handsomely in a dress of mauve silk, and had her
hair banged aand crimped and ornamented with a sprig of orange blossoms, and
carried in her hand a large bouquet. She bowed to Mr DOMINICK, and after the
cemermony was concluded, there was much stiffled comment in the church.,
which broke out in cheers and cries of "Don't she love her DOMINICK--and his
money!""Diamonds are trumps" , and other similar expressions, when the
wedding party got outside.
About 9 o'clock a large crowd had gathered in front of 166 South 2nd. st.,
where the happy couple had repaired, and probably 1,000 persons were present,
when a party of young men numbering between 60 and 70 strong, suddenly filed
in front of the house and with kettles and horns, which could be heard for
blocks away, began a serenade, which they continued in front of the house,
until Officer SMITH arived, when they concealed themselves in the large crowd
of persons present, until the officer withdrew, when the serenade was
resumed, until the officer returned and finally drove the party away.
THE LADY SUED FOR BREACH OF PROMISE
GEORGE W. LEWIS, the discarded lover, who is a clerk in the
establishment of PARK & TILFORD grocers, New York, brought suit yesterday in
the City Court for $5,000 against the bride, who was formerly the belle of
the Eastern District, and to whom he was engaged.
The complaint in the action set forth that Mr. LEWIS made the acqaintance of
Miss MARSHELL in 1875; that a very warm attachment arose between them; that
they kept company for 2 years; that an engagement was distinctly made between
them which met with the unqualified approval of the young lady's parents. The
plaintiff was only getting a salary of $18.00 per week, and no other income
but plenty of energy and perseverence. The mother went so far toward the
marriage goal, as alleged, the plaintiff drew all the money he had from
savings bank, $280.00 in all, and gave it to Miss MARSHELL to invest in
household furniture for their home. he also alleges he gave her an engagement
ring, a cloak, and several other articles of apparel. A short time ago the
young lady began to display coldness towards her afflanced?, and finally told
the latter that she could not keep his company any longer as her affections
had been transferred to another.
It is denied that Mr. LEWIS had anything to do with organizing the
serenade party, but it is presumed that some of his young male friends with
whom he is very popular, led the Calithumpians who raised such an excitement.
This morning about 20 large tin pans and kettles in front of 166
South 2nd. st., and various inquiries in clalk upon the sidewalk mark the
scene of operations of the "praying band".
16 June 1878
SURROGATE'S COURT--BEFORE HON. ABRAM H. DAILY.-Wills proved:
John DREW, town of New Lots
Henry HEISER
Margaret McKEON
Phillip HOUSE
Nicholaus DUCKEL
Jerome A. ELSENLORD
Joseph PLADWELL
Issac TREYZ, all of the city of Brooklyn
Letters of Administration were granted on the estates of:
MARGARET COONEY
MARGARET DIEM
TIMM SIBBERT
BUCKLEY T. BENTON
MARIA C. MILLER
GEORGE N. NORTON
WILLIAM HAMBLER
JOHN H. LAVERY
GEORGE W. PRIMROSE
PHILIP ENGEL
ELIZA SMITH, formerly ELIZA SNODERBERG, all of the city of brooklyn
ANTONIO B. VIANELLO of the county of Cumberland, Maine
RUDOLPH LUNGE, of the town of Gravesend.
Letters of guarianship of the persons and estates of ;
of ALBERT MORTON, were granted to PAMELA MORTON, his mother
of JOHN L. & FREDERICK L. MILLER to JOHN W. MASURY
of RALPH G.& GEORGE M. CHAFFEE to ALETTA A. CHAFFEE
of SALLIE H. & ELISHA P. CRONKHITE to ANNA B. CRONKHITE
of KATIE & JOHN McGARRY to CATHERINE McGARRY
of MAGGIE McGARRY to BRIDGET McGARRY
of ARLINE B. PEARSALL to JOSEPH M. PEARSELL
AMELIA,
of AGATHA & JOSEPH YAUNCH to SOPHIA BEGGERS, all of the county of Kings.
22 June 1878
BRIEF MENTION
ANDREW LAVENDER, of 228 Graham ave., who broke his wife's head with a
pitcher, and on being arrested, discharged a revolver at Officer GOODELL some
days since was held for the Grand Jury by Justice GUCK yesterday afternoon.
HENRY KUNKEL, of 58 Moore st., who does nothing toward supporting his
wife and 3 small children, last evening assaulted and beat his wife. Justice
GUCK this morning sent him to the Penitentiary for 30 days.
SURROGATE'S COURT--BEFORE HON. ABRAM H. DAILY
Wills approved--
JEREMIAH KEARNS
ANNA L. PROUT
CHARLES QUINN
MARY D. TUDER
EDGAR O. ANDREWS, all of the city of Brooklyn
Letters of administration were granted on the estates of the following named
deceased persons
LEONORA BAGOT
PATRICK HAYDEN
ANNIE G. TULIS
MELANTHON W. MEAD
JOHN KELLUM
MARGARET McCAULY, all of the city of Brooklyn
Letters of guardianship of the person and estate
of HERBERT D. LEVY were granted to CHARLES H. HALL in place of ADOLPHUS OCKENHAUER deceased
of JOHN H., EDWARD A., & FREDERICK A. STEVENSON to JOHN H. STEVENSON
of EMMA T. GRIGGS to CLEMENS GRIGGS
of ROXANNA McCORMICK to MICHAEL FARREL in place of MARY JULIEN
of CHARLES DWYER to MARY McCARTHY, all of the city of Brooklyn.
PECULIAR PHASES OF MARRIED LIFE
The suit of LOUISA R. McADAMS against JOHN McADAMS for a limited
divorce on the grounds of cruel and inhuman treatment, presents a peculiar
phase of human or inhuman nature if the facts alleged in the complaint should
be substantiated. The facts set forth in the complaint are in brief that the
parties were married in Boston in 1848, and have 7 children, 4 boys and 3
daughters, the oldest son being 24 years of age, and the oldest girl being
22, and the youngest daughter 12: that defendent is a manufacturer of presses
and machinery, lives at 528 Kent ave. , this city, and is woth $50,00, having
an income of $5,000 a year; that defendent began his cruel treatment in
September, 1867, when he compelled 2 of his sons to hold her down while he
beat her, disfiguring her face and causing ugly bruises; that he directed
the sons to give her no food at times, and when she helped herself he
repeated his assaults as stated; that at one time he engaged 2 physicians,
Drs. YOUNG and KUHN, to examine her for the purpose of sending her to an
asylum for the insane; but the doctors declared her sane, and said she was
suffering simply for want of proper food and care. Other charges were made
too disgusting for publication. The plaintiff avers she has always been a
good and faithful wife to him; that he took seperate rooms in the house in
1874 and refused her any support, and that her daughters desire now to live
with her, but she has no means to support them. The answer is a general
denial. and on the motions for alimony yesterday the Court reserved decision.
24 June 1878
THE DIVORCE MILL
In the case of LOUISA R. McADAMS, against JOHN McADAMS, for a limited
divorce, Judge REYNOLDS, of the City Court, has granted $20 a week alimony
and $100 counsel fee.
In the case of ANNA E. BUCKINGHAM against JAMES A. BUCKINGHAM for
absolute divorce on the grounds of adultery, a motion to confirm the report
of the referee in favor of the plaintiff was made today in the City Court by
Counsellor TOWNS. Decision reserved.
In the case of CHARS TURPISCH against AMELIA TURPISCH for abosolute
divorce Counsellor TOWNS today in the City Court moved for alimony and
councel fee. Decision reserved.
A motion was made by Counsellor PATTISON today in the Supreme Court,
before Justice PRATT in the divorce case of CHARLES A. SMITH against
ANTOINETTE SMITH, for councel fee. Plaintiff alleges adultery with on A.J.
SPARKS, of New York and defendent denied the same, and says she is not thre
plaintiff's wife, having been divorced by decree of a Massachusetts court
some time ago.
SURROGATE'S COURT--BEFORE HON. ABRAM H. DAILY--Wills proved
Dennis TOONEY
Alexander BORROWMAN
David GARRETT, all of the city of Brooklyn
Letters of administration were granted upon the estates of the following
named deseased persons;
MARAGRET JOHNSON of the town of New Lots
JOHN ENNIS
JOHN CLEAR
THOMAS R. COLLIER
MARY KERRIGAN
WILLIAM M. RINGWOOD
JOHN LYONS
ANASTASIA HELFRICH
WILLIAM S. NICOLL
CATHERINE CULLEN
JAMES MARKS other wise known as JENS MARKER
MICHAEL BYRNE OR BURNS
HANNAH E. VALENTINE, all of the city of Brooklyn
Letters of guardianship of the person and estate
of RICHARD, BERTHA, & WILLIE WAGNER to MINNA WAGNER
of CHRISTOPHER KERRIGAN to JAMES MOONEY, all of the city of Brooklyn
Transcribed by;
Joy Foertsch
Maureen J. Patt
Jerilyn Krone
Ed Guinness
Sue Griffin
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