The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-11
Law Intelligence.

SUPREME CouRr, May 1O-Before Mr. Justice Ed
wards-n the matter Of the application Of Richard L..
Morris Health Commissioner for the books and papers
relating to his o6icc.-This was application ON the
part of Doctor Morris against Doct Stephen r. Harris
obtain possession Of the books and papers
with the Office of Health Commissioner. Justice Ed
wards granted order to show cause why the same
should not DC delivered up pr. Harris appeared by
that the title to tho Office involved and could not
be tried by summary proceeding such as the present
secondly, that the Health Commissioner city and
county officer. aud came within the provision of the
constitution requiring such officer to be elected by the
people be appointed by the county authorities
and thirdly. that If DR.. Harris appointment nc-
thcr city county Office 1t came within the class of
those other Offices to be elected by the people, to be
appointed in such other manner ms the Legislature
should direct and the Legislature not having directed
Dr. Morris not duly appointed.
Mr.. ToMLINsoS counsel for DR.. Morris in reply con-
tended that the health commissioner State Off
GER not required to reside in exercise the functions
Of his Office in the county Of New York; that he
paid out of the State treasury and participated in the
management of State institutions. Second-That the
law giving the appointing power to the governor and
Senate was still in force and not being altered or re-
peaed was tantamount to u direction by the egisla-
iature. Third-That the applicant having made out
grina faca case, the defendant could not dispute the
title but must deliver up the books; and fourthThat
this within the principle decided In the ap
pication of Alexander B. Whiting as health officer.
JUSTICE EpwARps-I concur with Justice Edmonds,
in the conclusions to which he has arrived in the mat
ter of the application of Alexander d. Whiting, us
health officer and do not think that this Is dis
tingushcd from that. The warrant applied for must
be granted.
CouRr or GENERAL SEssioNs.-May 10tb.--Bcforc
Recorder Scott and Aldermen Hatfield and Dodge
Plea of Guhy.-Thomas Goodkin alias Baker, was
indicted for having in his possession quantity of spu
rious money with intent to utter the being
arragncd this morning, pleaded guilty and n
fenced the state prison for the the term Of years
Trial posfponed-The case Of Joseph O. Innsbruck
indicted for having obtained the of $4,000 from
J w Depcystcr by Of false rcprcse
on motion. postponed until to-morrow.
Trial for Grand Ldrceny-Jane Wilson, implicated
with Frederick Watson and Joseph Cherry was placed
upon her trial for stealing, the 18th of April S165
from John IJpdike. n farmer of Mount Vernon, Ohio
Tho testimony of Updkc taken under the provisions
of the statute read in evidence the part of the
prosecution from which it appeared that Mr. Updikc
on the night in question while taking stroll through
the city became acquainted with the accused and was
induced to company her to No 80 Warren St. where
while cosctcd with Miss Jane, the room was entered by
some who abstraced from his pockets the before
named amount. The jury found the accused guilty
and the court sentenced her to two years imprson-
mcnt in the State prison.
Trial for receuing Stolen Goods-Hcnry Hadkins
then called to trial charge Of receiving
watch, pencil case, &C.. knowing the same to have
been stolen. The evidence adduccd on the part OF
the prosecution failing to sustain the Indictment the
jury acquitted the prisoner, and he discharged
The court then adjourned until tomorrow.
CouRT CALENpAR ron THIS pAy.-Superisr Court
49, 1873 1874. 1888 150 1852, 1885, 16s H. % 3d. 81. 3d.
o. 6s 20. 1903 III, 173, TO 49, 100 1s3 1874 1877,
100 1872 1e4, 1876, 1o6, los, ~, 65 1911 163 10. 81
49, 12l 1913 145, 2o2 2O3 205 to 2o Common Pleas
"a 46 0s co. 1O 6s, 81, 100, 122, 1913, $780, 1877 $780,