The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-15
Supreme Court-Special Term.
Before Hon. Judge Davies.

BEFORE i1oH JuuBe Drives,
ARREST on susPicIoN--A WRIT OF HABEAs FOR DIS
CHARGE.
SEPT lA-Ir ne Mater Of Frank w. Kinney-n ap-
pears that Mr. Kinney Tuesday night by
officer Wilson, suspicion of having stolen property
Lis possession On the application Of Messrs Dean and
Spencer the Judge granted writ Of habeas corpus
bring up the body the There was no stolen
property found with Kinney. There some diamonds
his room, which not claimed by any person.
and which the accused asserts have been his property for
years past.
The return made to the writ of hnbeas corpus
that w. Kinney IL in the custody of NJ. b. Wilson an
informal charge OF having stolen property in his posses
sion, cienr The said Kinney was taken before Alder
Brady. acting Police .Jnsticc who renanded him
the custody Of officer Wilson, until goods were OBJ
tanned ION his order) from person having charge of the
with orders TO bring him into court for examination
at ten O'Clock
ExJudge Dean demurred to the return as insufficient
Judge Davies said that as the District Attorney not
present he would allow amendment 10 be made in the
return.
The counsel then went before Alderman Brady
(acting Police JUSTICE, TO ascertain what the in
formal charge against Kinney was Alderman Brady
said that there charge before him against the ac
cused The counsel then returned to this court, when
Judge Davies directed that one should attend from
the District Attorneys Office to show why Mr. Kin
ncy should not be discharged from custody. On the APP
pearance Of Mr. Allen from the District Attorneys office,
Judge Davies said as there was legal for de-
tanning the party, he should be discharged.
Mr. Spencer said that Mr. Kinney had been arrested at
eleven O'Clock at night, just he going to bed
that he would guarantee that officer Wilson would be ar
rested WNlm ciShL hours on charge OF false
imprisonment
The prisoner then taken before Aldermen Brady,
at the suggestion Of Judge Davies He there dis
charged by the acting police magistrate the property
seized at his resdence-cOnssng of hundred dol
lars in bills gold watch and diamonds-returned TO him.
Before Hon, Judge Ingraham
INJUNCTION AGAINST THE EIGHTH AND NINTH AVENUE
RAILROAD COMPANIES.
SEPT. A-George Brodie the Eighth and Ninth Are-
Railroad Ccmpans-Ha appearing from the complaint
in this action that the plaintiff Is entitled the relief de-
mandcd, and that such relief consists in restraining the
defendants as hereinafter provided; Now therefore, in
consideration Of the premises and of the particular mat
tiers in said complaint set forth and motion OF Edmond
Blankman Esq, counsel for the plaintiff do hereby
mand and strictly enon the said defendants the Ninth
Avenue Railroad Company and the Eighth Avenue Rail
road Company, their counsclOrs attorneys, solicitors
their servants and agents. and all others acting in aid
assistance Of them and persons claiming under them
either Of them, acting under the authority direction
from entering into upon said Canal street OF
Broadway, for the purpose of laying establishing rail
road therein and from digging subvertng the SOIL
and from breaking or removing the pavement in said
street preparatory To for the purpose OF aging
abshing any railway therein doing any other in
said Canal street. west Of Broadway, tending ncumber
the same obstruct the free and use thereof
as the same has been heretofore enjoyed until the further
order direction OF this Court the PREMISES and that
the defendants show at the special OF this
Court on the 10th Of September thereafter
counsel can be heard why this injunction order should
not be made permanent.