New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-12
SUPREME CouRr-Special Term-Bs


e %.
SUPREME CoURT-Special Term-Bs-
fore Judge Edwards-The of the American Art
Union on the motion of the District Attorney called
up this forenoon in reference whether the mode Of
distributing the paintings by lot within the rule
as 10 lotteries or not
The title of this Is follows People Of he STATE
Of Nor York agt abraham NJ Co.zens and others Motion
by the District Attorney for injunction 10 prevent tho
distribution OF the property OF the American Art Union.
The District Attorney in opening read an affidavit OF
Robert II. Bowyer showing the mode OF drawing, &C.,
related to the paintings
Mr.. OConor in opening said the case has been pre-
scented before another Court and the leading ponts IN
defense will be similar to those already presented Mr..
OC. sad statement has been made that the members
OF the Legislature unacquainted with the Constu-
lion and Bylaws OF the institution when they passed
the amended charter Of 1874 He read affidavit Of
Edward Sanford, stating that he at the time mcm-
Der OF the Assembly, and principally had charge OF the
bill as related TO the ArtUnon The members OF tho
Legislature fully aware of the regulation of dis
tributing the paintings among the members by lot.
Mr.. O'C. also read the Constitution and bylaws In
which 1t Is shown that the funds of the institution are 10
be apprenticeship the purchase of engrayings To
be distributed 10 all the members ID the purchase and
members by lot
also shown that the object of the institution
was for the encouragement Of Arts In the United
States for the works OF American artists NJ home and
abroad II also shown that Judges Governors and
others, who would be likely take alarm if the Const-
tuition contained anything against morality or law were
constantly rs members.
1t was also stated by Mr. OC that the District Asor.
ney himself after being elected TO his present siuaon
was appointed, and superintendent, Judge or mem
Der OF committee Of the annual distribution by lot tho
members. The District Attorney stated that he did 20.
before he had taken the oath Of office.
IL was shown, by afhdiyats, that the engraving annu-
ally distributed to each member il purchascd sngy
worth more than the price OF membership; aso that
the gallery OF paintings of the institution Is open the
members andthe public and has been visited by than
nail million OF persons and that a monthly periodical.
reave 10 me objects OF the institution, worth the prco
OF membership at ordinary rates. is gratuitously dis
tributed 10 members
Mr.. OConor contended that the Art Union never
was lottery and never needed the sanction of the
Legislature-and the Legislature have shown that
it could not be so cOnsdered-and that the distn-
button is not within any of the provisions Of the
Revised Statutes.
MIR. Blunt contended that being q distributions
by lot brings it within the law.
Messrs. Blunt, h. Sanford and Galbrnith ap-
pear for the application to forfeit, and Chas OCon
or opposed. On suggestion Of the Court the mo-
ton was suspended, and case to be made and
submitted to the general term under section 372 Of
the Code, relative to the submission OF contro-
yersy without action.
The Judge in suggesting the said bis time would 10
much taken up this term and the be made the
FIRST to be heard by the General Term in May Mr.
OConor during his remarks in regard submitting h csss
said that the defense do not wish 10 avail themselves VI
echn sities bot to have the question decided solely
and fully upon its merts
SUPREME CouRT-Special Isrm-Be-
fore Judge Roosevet-IDe cisions Il idley Wafts,
Iyustss e sgt Ed.ard kearney and otter~0rder has
the Trustee pay Mary Livingston money bequesthed To-
her, ordered 10 be paid into Court by former decree
IN TIE matter Of me Petition Of Charles A. Griffin dB6
WVe-Keierence to Mr CaInbTeling inquire into tho
,rsbe1ess OF the person proposed Trustee in place o
DeHnis Beach and others agt. Ralph s. Peek and osss
Motion for reference denied being for jury ta
Poly n Hurley agt Miner Il. Buytey-The report o. ref
cree contains matters sufficient warrant divorce. Tho
parties have lived separate several years and the husband S
seems has contracted another engagement Order for divorce
ranted.
Gates against Sni-Decree settled Additional costs 10
be paid out Of trust fund compliments solicitor
JOAN Heoyds against Jo0e Cruiselnquest and subs.
quent proceedings aside payment Of and WAVING
The plea OF usuTy, &c, otherwise motion denied
sdmvd Harris against Jas. g. BennettAppeation af1e
thee years TO file supplemental bill setting up udS
vested IN defendant offset The judgment must ns
existed at the time Of the original answer and cannot u
be set up. Motion denied but defendant may sv hHsn
OF IT. application to the Court should there be udge~
obtained against him.
ndreg Merritt against irstia Hal and olhers,-Mcton
for Injunction denied without costa plaintiff have hvo
Gays pay up rent In which defendants not % MAO
possession otherwise reieence ID ascertain damages
Sarah Fan Dtsv sgt Elizabeth Vanderbilt and ofhrs--
partition snt Application for order % take proof -
nc, ,es1see sS Sax % s wGaa dy Re
fertd 10 John L. Mason Order to be entered IN Rehnns
County. IN.
vcadM Davies Counsel Of the Coporailon
continuation Of report Of Commissioner g.
Lesknf SrGn sgt Si1sos Stecabeygh-Order dschufnS
order OF ses defendants stipulation not 70 sue s -
imprisonment.
SUPERIOR CoURT-Before Judge Oak
lcy.-Joha H. Keysey set Ward Price Haybesk Co.sss
Ls'cis Det<fsin1s has stove and hollow ware "A
M A.f In Ia .aarfI. . l