The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-30

extngusheo by the Hemen 1no oAnsSe " ssooA W Af0
and water win be about $500 insured Tor 81 Ia the
Peter Cooper insurance Company s stock Of mourning
gooos on the second soor, owned BY B. Lewis, was da
Sce. 81 y Fas
mo are supposed 70 have been caused BY spark from
. nsishbOring chimney.
Important Dsciaion as to tho Right OF
Private Counsel to Appear FOR the city.
SUPERIOR CoURT-sPECIAL TERN.
Before Hon. Judge Hoffman.
JUNE 29.-7hs Mayor, dc Of New York Us. As ES
charge Fire Insurance Company Of Nso York.-The fol-
lowing opinion was delivered by the Court
The application Is for q stay Of proceedings or . dis
mfsal Of the complaint The main ground relied upon
that Manu- and Rodman, the attorneys the record for
pRinus that the Corporation Counsel 10 the only person
go authorized, and that Richard Buseed, Esq 10
counsel appears by the affidavit read in opposition
that the present attorneys the authority Of tho mayor
and Comptroller for appearing in the action, thai M
Brsteed has given hts assent thereto in resisting Such
assent has been produced and Ia as follows
NEW YoRx, June O. 1859.
Su s s aUs NAY
iu authorized 10 reproont the city IN tho sus pending
q, atsl Palace. and their legal acts shs viii
proved OF by me- hiJAHeD sUsTstD.
BY the charter OF Apr "a 1857 there was crested ar
executive department Of the Corporation, known the
Law bepartn en, which should have the charge OF aid
departments thereof and all o'her law business in which
the CITY shall DO interested and the chief officer thereof
should be called the Counsel TO the Corporation (Sec 90
Such counsel 10 he elected by tho people (eec 10y,
aud TO hold for given term, unless removed for
Richard Busted row fills ana did Oil such office, Xsr the
institution OF ha suit By the 26th section the Common
Council empowered 10 establish other bureAux rs
they may deem the public interest may require and 70
assign 10 them and to the departments and bureaux
herein credited such duties they may direct no. ncon
ssent with this act ana the duties thereof aa be per
formed in accordance with the charter and laws Of the
0teu Nh ltaht AAnin
OF the Law Department the powers OF officers has
been produced am not at liberty 70 notice any which
nays sxn1essv or nas TS O9 Council
rIzed the council TO delegate power to appear 10
another must assume that the present counsel con
siders that he does possess that authority, and have
nothing before to justify the conclusion his view
Of his official duty u incorrect The argument therefore
that ne 10 clothed with trust Of Office which he cannot
give 70 another 30 far at least % appearance
out costs
C6rwsn u. Daly-Moton to dismiss complaint denied
Elliott Us. the NeD Fork and Ne,U Hauen Ratiroad Com
Notion for new trial denied, without costs.
The Bocry Bank rs. John Lynch.-Moton for Q new
Bernard Shriden rs. CatAarine johnson, imp,sadsd-
Ordered that the judgment entered against the estator
johnson, be vacated and held a. void, and all pro-
ceedngs IN this action stayed until the plaintiff serves
copy Of the original and supplemental complaint, aud
order Of continuance Of the 2st OF september 1865 upon
she have twenty: days TO answer such original supple
mental complaint advised and that costs Of this ap
pication DO allowed 70 either party.
H. L. Carpenter Charles Serrs-Order for leave 70
serve supplemental setting up the action In the
Marine Court as the same b drawn and annexed TO the
motion papers; no costs to either party.
Lacc Merritt ps. John A. Niuard.-Judgmout for
plaintiff on the demurrer
wi1liam H. Rose rs. George G. Acknowledgement for
plaintiff on frivolous answer.
CAarles H. Mccullough John L. Colby ct aoomplaint
dismissed with costs.
Meek rs. Pan Dorsm Judgment for the plaintiff to be
declared lien upOn and the found due BY the
referee with interest and costs recovered out OF the
real estate conveyed BY Minerva b. Let's to the defend
ant Ann van Doren BY the deed Of September 90 1885,
Police Intelligence.
BURGLAR AND HIS SwEErHEARr.-The case Of william
Hughes, confederate Of Gordon and Kelly the notorious
burglars up for examination before Justice Brennan
yesterday good locking girl named Julia Kemp, now
confined In the House of Detention as Witness was e.
amned and testified that she had known the accused for
two years az thief and that he was paying his aen
tons to her while she YVES living domestic in the
frequently, and asked her il she knew where her en-
poyer Kept bis money witness told him the exact spot
the Information Sv carryc~ or so 1T"e o.
broke open several other drawers the bureau 30 as 10
divert suspicion from the witness. The counsel for the
prsoaer objected strenuousy 10 the admission OF the
witness testimony, but the magistrate thought it was
pertinent and loltd sgain.. the moon strike out.
committed as an accessory.
CAPTURE OF JUVENILE BuRGLARs.-Five boys named
David Sullivan, Joseph Mccarthy, Michael Dorson John
LOTUS and Alvin Garfield, yesterday by
officer Hsmblp the Third precinct charge OF having
hurgarousy entered the premises Of Robert Fou.ds No.
81 John street, and stealing thererOm 500 in copper CON
knd pair Of gold specaces valued at ST. The prisoners
confessed he quit AID gave ouch Information as led to
the recovery Of the soecsacles Alderman Snth who
sitting for Justice Connolly the Lower Police Court
committed the lads for trial.
RoBrED A FKMALE-Sarah Clark, an inmate Of the
house No. Al Crosby street, brought before Justice
Brennan at the Essex Market Police Court charge Of
fteaug $50 from james Young the Wesscheeter HJuse
Mr. Young entered the premises with 500 his pocket
book but on taking his leave found tina, By no
pocus arrangement his pile was reduced TO $li0 De
hereupon had Mrs Clark arrested suspicion OF larceny
and upon searching her all but dollars the missing
money was discovered. The mag istrate committed
accused for examination.
ANOTHER FATAI AffRAY-As policeman Bradley, OF the
Seventeenth precinct duty at the corner Of Essex
and Stanton Streets Tuesday night he accosted
to be in Nqnor and unable TO take care OF him,
SELF The Officer conveyed him 10 his home
that Christopher had been engaged In row at the gro.
Gerry store next door, and had been pushed out OF the
place in snch violent manner that he fell, his head
coming IN contact with the sidewalk Christopher did
appear to be seriously injured but yesterday morning his
wife informed the ocer that he was at the OF death
and that hts life had been despared by toe physician
In atte ndance. Officer Bradley thereupon TOOK active
measures 70 secure the arrest Of the asaaans and
ceeded before noon in taking him into custody In the
o'clock yesterday afternoon he died. Coroner OKeefe
WAS notified Of the affair and win hold inquest upon
the Of the deceased to-day Tue prisoner on beng
loo up 10 the Seventeenth war1 station house, gave
bis name a. Jacob Steiner He denies having assaulted
deceased In the manner already stte1 but the police
thought proper TO detan him until the matter should
fully investigated.
SrABBlNG AFFRAY.-John Madden and Thomas Doran got
into dspute a the porter house of Thomas Smith No.
81 Gouverneur street, when Doran drew dirk knife and
stabbed his antagonist In several places abou. the head
and neck INJECTING severe and perhaps dangerous inju
res The assaant was arrested the Seventh precinct
police, and committed Tor examination by Justice Bren
nan.
FINANCIAL AND COMMERC lAL.