New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-07


FOURTH DISTRICT COURT-Auc. s-BcFore Judge
ANDERSON.
WHAT poLrcEMES ARE ENTITLED To FsY1
james Burning assignee S9 49, The Mayer @'' Of New
Plaintiff sues to recover $72 A. alleged to DO due to
his aseignor Samuel T. Wartz for services rendered
a. policeman from May 90 to June %, 1857.
Minutes of the old Board Of Police Commissioners,
showing the appointment Of Wartz on May |, 1873,
were read in evidence. The plaintiff then called vii
resses who proved that Wartz had been policeman
and served as such up to July B. 1857 at salary OF
500 per annum The assignment of the calm to the
plaintiff was also proved The defendants counse!
moved TO dismiss the complaint The motion was
denied and an exception taken. The defendants
counsel then called Azariah c. Flagg, who TESTIFIED
that he Wa the Controller, and had charge of the
finances OF the city; that sl0O0O0 had been transfer
red from the City to the ate Treasury to detfay the
expenses OF the police for the year 1891. under the
metropolitan Police act and that the same was trans
fe,red after The decision Of the Court Of Appeals.
Defendants counsel called James w. Nye, who testi-
fed that be was one Of the Metropolitan Police Com.
missiorers, whose fret meeting was held 25d OF
April, 1877 also, that charges had been preferred
AGAINST oil the who did not come over 10 the new
Eosrd upon which they were dismissed Defend
ants counsel renewedj motion 10 DISMISS the CON-
plsint on the grounds:
First: That the plaintiff assgnor was not pub
lie ocer under these defendants during the period for
which he claims pay.
Second Ii he was member Of the old Municipal
Police upon the first organization OF the new board
lie became Metropolitan Policeman
Third The Charter Of 1857 abolishes the Police
DEPARTMENT of defendants. o.
Fourth: Metropolitan policemen are STATE moi CHy'
officers. A.. c,.a.
Elm Defendants have no control over the funds
raised bv the Supervisors TO pay policemen.
Sir,k: The funds are in the State treasury abo
subject TO draft Of the Treasurer Of the foice |o"-
nissiOners. IL No. ha.n
LEGALLY discharged BY the Metropolitan Commissioners,
he has right Of action against them Tor his ssisry
Decision reserved. For plaintiff, +. r. Smitni ior
defendants A. r. Lawrence jr, Assistant Corpora'i'h
Counsel.
SUPREME couRT-srkG,.L TEN Aug o'-b'''" Judge
~ TIE MATER OF MARIA L. y. HOPKINS A. ALLEGED
LUSATIC.
Several days ago Mr.. Graham obtained an order TO
show cause why the commission De INHdhco ihTHfen-
do granted time since, should not oe ses aslue
and vacated. The order being returnabie To-Day;
voluInious sfidayits were put IN on each side anu
the motion argued IN erkens0. At the conclusion tne
Judge said tat he would, with DR.. Metcalie gee the
lady with view of acquanting himself as iar az Po,
sibie with her sanity or insanity, ard would whhod
his decision in the matter until the visit had been
made. Both parties agreed.
Edmur Terry .gt George K. Rober's
Inc eos ss . 40 S thereof mus. be deducted from
con Issued either party this
ton ,,,,., tfn,.
for sale Of Real Estste.
Order directing sale and confirming report
UNITED STATS DISTRICT COURT-Aus. s-Bes'r'
Judge Belts.
THE CASE OF THE PAScHiTA.
Tie motion to discharge this vessel from custody on
account Of defect in the process, was argued 1nls
morning The facts upon which the questoa1 sfVs s
were these The District Attorney desiring nS % 20
turn day of the process to be changed from jay
Aup. applied not to the Judge, Clerk OF Depus
CLERK, who would have done so almost .. "mtSorined
but TO come person in the Clerks office not ""'"''
Mr. Iosehimssen read an affidavit stating tnat ds
ssraop was made in good faith but the n.".
cided the motion against him; and made at ' ~ To d.
order, The effect whereof may or m Eat mere tech.
sS ssy will no. Be Allowed work such result
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