New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-11


&C. Indebted to the defondSI aod tbs, he onIy held
the bll a. their trustee that the Monday p;eviyus
10 The 10Th OF August 1burday, Tboa pson W .. ins-
vent, .id on toe morning Of he 25h he told sever1
persors that be should stop psyment or that dsv
That Thtmpson received ard held aud s'iI hold.
tbs slvVV IN uust or fdurisry capscity to- tho
Pialnuiis, and has wrorgtuy detained tie sane .ai
etn'eit.u IL 70 ms ewa Use. ThA be has these.oes
been Guilty of fraud.
SUPREME CoURT-srrer,L TraS-sept. s-sc,,r. y.ass
Wisconsin Bark sst. John Thompson
LAST evening judge Peabody grated "a order Of
arrest holding the defendant to bail in this ami, in thu
sum Of So 500, which he has not yet procured.
THE OLD POLICEMEN NOT TO BE PAID.
SEVENTH DISTRICT CoURr-seP, ic-Before S.'ies
PEARSON.
y,me, Kelly vs. The Mayor &c, q New YORK
This was an action brought by the plaintiff to re
cover for services as a policeman between June IL
snd July 3, 1857, amounting 70 So "a. The plaintiff
proved hat he was sworn in as policeman on tho
18th of June, 1855, and discharged oues a. police
men until Sd July when he was dismissed oy The
Nayor. The plaintiff also introduced Ia evidence
resolution of the Common Council Of April 90 1857,
directing the Mayer, Recorder and City Judge to re-
tam possession Of all the property belonging to The
Police ss Police Commissioners unter the smeneed
Charter Of 1853. The defendants counsel read the
testimony of Controller Flagg taken dc tne ess which
went to show that $70 Geo. being sill the money col
lected by tax ceray the expenses OF the Police De-
psItment of the County Of New.York for the year
about the ls OF July under the act estab ihng Me-
tropolitan Police District sc. The defendants the.
introduced in evidence the minutes OF the Board o.
MetropoltAb Police Commissioners showing that tho
rst eepg of the Commissioners under SAID act took
place p,ior TO April -, 1857. The defendank counsel
noved.io dismiss the complaint, on The grounds:
First ib,t after the frat meeting OF the new
b. ard, the members Of the old Police force became
members Of the Police force until regularly dis-
charged.
Second Tpat he new Policemen STATE snd
no. City or County officers.
Third II at the Charter OF 1897 tbolshed th0
Police DeprI'msn, OF The City Of New York.
FCurth That after the passage CT hcse act, OF
either Of them, tn city had no night to employ po-
csmep.
FiJth That the city + sd transferred or paid over
TO he Stale I'll the luros applicable ~ tie payment o.
Police fcrce, ard consequently had no fund 70 meet
Sizth: That il the plaintiff had any claim at all.
It was against the new Board of Police or lis Tress-
TIER.
SercnM That TO employment by the Mayor or
any other officer of the Corporation, of policemen,
after the I'D Of April 1857 was binding upon gave
the parry SO empoyeda right OF action ssans' me
city.
Mr. j. O'Rourke appeared for the plaintiff Messrs.
james SANFORD and X. III. French Tor defendants
The Judge gave judgment tor the defendants on the
STU inst, setting forth his conclusions OF law In "a
elaborate opinor.
UNIFIED STATES CIRCUIT CoURT-sept lo.-Bofse
Judge NELSON.
PATENT BRAN NEUTRALITY-SUSPICIOUS.
Henry A. BUR- ard others sst Francis T. Smith and others.
III case, winch occupied the Ccuri yesteIJty acd
IN ssu e G.H% Sy the the psss
granted Frost MnIoe In 1879 aud ei'.aed In lSS to
,S shf Ss,"G.R': thu G sa TAs
' ssma af sSc1a of and M
Keller for plaintiffs; Mr. J. Nelson aad Mr. L W. ssousaf"n
The Judge denied the motion stating his for doing
A. the case stood on the bill and sdsv lie did think 70
which preliminary Injunction coGd reasonably %
sntd. Neither the question Of novelty nor th. Of tuasc
pcug dyy sSi% I for full Is.ns Of the
to sS sa Or and n .e6 nG comsasS with
top except for cir and ates or in combustion WIN ar,
produce like reults in the acrrins process That hsvey
obscure and indefinite claim ard there no evidence IN sns
ing bolt there such combination rs set forta IN
There another difficulty which might perhaps be got eves
by liberal construction The claim put IN the .llernatNs
being able make out he intended to fail back
upon the other That not the proper mode Of stating es
certain The fourth claim 70 for the use
Ger Of heaters fans BY which the |. dts.ed.
and s . SL not on.es by the
The claim is undoubtedly for peculiar arrangement OF defend
this cement that had been before in 10
sinPy Tor this peculiar bolt and 1t. peculiar
Ths f.t claim for "the platform taw.y, at right angles
the sides of the bolt when made conica close hor-
zonal bottom when used IN connection with upright m
tiOnery revolving bolts for Touring purposes. That pi
has aperture the of air In addition to that for
the dcharge Of the bran That the peculiar construction Of
the platform II quite clear that the Of defend.
the 10 form IL has aperture like the
Plaintiff, the admission Of current of cir distinct from
the aperture Of discharge common TO description Of bos
the hind. There it, therefore, marked difference In ths
construction bottoms. IL be nice question:
whether In point OF fact the arsneemene
the bottom Of defendant machine 10 substanay Identical
with the bottom Of the complsnsns They not torme3
alike The in copl.nsrt machine placed there
specific purpose IN out one OF the deas o tho
paen which produce through the openings In the top
Of air 70 be operated within
the sieve and combustion and connection with
the revolving bolt cylinder constituting OF the leading
features Of the Plaintiff invention There such sperure
the defendants machine has be any such
operstion separating Hour from bran
BTadfed defendsnts machine would operate
sfuy hen placed vertically ss question that
coutroyeed and cannot the evidence be determines
now stated by the witnesses The part OF the defend
that the Bradfed machine operated IN vertical -
well inclined horizontal position But the case
stands upon evidence would not justify the Court In
Joining these defendants Motion, therefore, dsnied.
This unusually important esse there are many ma
chimes in similar TO that Of the defendants
SURROGATEs CoURT-sEPT D.-Befors A. W. baAs~
THE EFFECT or A RELEASE.
In the matter the Of Cathsrine Thurton decesed
BY the will OF Catharne Thurston, admitted TO pro-
hate In b. wear 1880 tn. given her
daushtr Mary Horn during life, and her deceass the capt
tai wa, dire be divided her children. Letters
of thae