New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-03
SUPREME COURT-CHAxBERs.-Nov 7.
The wISsLoW LANIER EMBEZZLENKNI CASH.
The People sgt. Richardson.

IsGRAHAM, J-Ihe aiiidavits made before the Police
Tsr a@pe w he % to the
bank Knowing the money TO be the property Of Winsow
Il not by any means clear that on th. the prisoner
be convicted of grand larceny he the
the
the without his consent 1t would clear
But if it nothing more than an eInhezzemen' the
evidence ample the charge against the OF
the property of another knowing IL to have been EN-
bezzed only ground which the discharge Of the prs
one is sought is that the years
the committed ltis be true, the crime OF
oner would not Of charge. The Dis
nis,a1en M TO biz sse and that he years age.
n. ' @ of the abes. Corpus act provide. tina, if the
prisoner appears to have been legally committed fo the
yn or GA me hearing be guilty, the Court shall remand
him. his contemplate an enaninaon OF the evidence
ano allows such evidence then to be received -
beside this although -hculd discharge him this writ II
the Attorney has the necessary evidence ne could
once apply for commitment such proof and would
be my duiy commit him anew thereon ,
II would not creditabe administration Of justice to dis
charge prisoner rom custody ON such technical objection
produce sufficient testimony fully to establish tue
he evidence may received and producing proof that
the age Little is IL the prisoner must be
Nov Before Justice IsGRAHAx.
1HR COMMISSIONERS of RECORD AND THr BOARD OF
SUPERVISORS.
The People ex McsPedOn AL The Board Of Super
This was an application strike out a return made
by the Board Of supervisors the OF alternative msndamus
issued to compel Board in the tax levy the OF
Isset0 to meet the Record Commission The
case wa. argued 10y "a Judge Edinonds James BRADY
the REALTORS, aud K Lawrence oT the respondents Decision
Before Justice SUTHERLAND.
DIVORCES AND DECISIONS
Jane Wood agt. Henry Wood.-Report OF referee
confirmed aud judgment of divorce granted
Before Justice SGgAHAN
Julia f.. Hyatt ag. Margaret r. Hymt'-Dl'orce
granted N a,
james Harper ct al agt. Lemuel Bangs ct al.-Mo-
ton granted, with SIC costs
Same act. same.-Motion granted.
James treoland ct al, agt Reuben T.. Robinson
| Motion granted without costs - ., =,
| Charles Beuzger ct al. agt. VIM. Gibson.-Moton
leave answer granted on same og served III e
New-Y6 Lie Insurance and Trus! Company agt
report confirmed Distribution the report
Peter G.. Wilson ct al. agt Henry Lyme ct al.-ho-
| Maria NJ Traphags,n alt. JAS. ID. Traphagan.-Re-
port referee ct aside and cause referred back to Teree
| The JOHN STREET CHURCH MORTGAGE.
The Fire Insurance Company agi The tsi Methodist
Episcopal Church in the City Of Ne"io fk, imPeded with
SUTHERLAND, 1.-The assignment of the bond and
STsf to the s ws GS or ,s an absolute assign
uder such assignment; and the absolute, unconditional
s ,,on Of s By the decree in which the
remaining unpaid the mortsase was 10 De PAID 20 hr
n, drspSsnts The firt Episcopal Church making
The proceeds mortgased premises more
than pay the mortgage and costs OF the seton
Alter sale the defendant TIE church spPhes tot
Court relief setting that the assignment ne
plaintiff equity absolute but that the mort
sa,e was plaintiff lry paid and
advanced and advanced by the painn TO and for
the church and ths the whole amount winch had been 50
paid advanced by the plaintiff mich less ihsn the
on ire
NH, !. n admitted by plaintiff and the parties concediny
n al the p ntin hsd paid aid siSnc din ct tirs and
in various sums 10 g. prior 70 May 20
1857 and the further $50 % the lin o! May 1885,
amounts with interest, ordered by the Court TO De
the plaintiff ons the night to retain and to De paid osi Of
such moneys further s3Sp, dent
Of brpzuin W benson and Wright Gile which night and
disputed by the Church The Court ordered refer
between the plaintiff and the Church TO
whom the residue such belonged and ought to be
After paving the plaintiffs conceded have been
ad, anced the residue the money directed 10
be paid 60 the plaintiff by the decree about $40
The referee reports tbs, the Of $500 belongs TO the
plaintiff wh from the lsh Of January, 1855 and that
h. nii- entitled be paid tina: Of the Eesdus
| OF moneys Tcmsinins in the referee. hands
this rcpo and conclusion Of the referee the Church
! eep,s: - ,,.-, .,
from III. Church the plaini Of the opinion that tho
right in his eonclusen aud that his report should be
n. no asks equity equity; and there being
eou,tir. crsors sur- the Church the plaintiff the
with Il would b. equitable Tor them 10 H..
rs, can be just and equitable than 10 debt And
why should the order $S TO be paid over to the
hrh N tho Church ought immediately 10 back again
m. question then is Is the 500 win interest debt justly
| An. .ud OWN. from the Church to the plaintiff
on the psr the Church IS Insisted that Is no''
I,,r because and prior TO the tune Of the a.
l-s-d Assignment to pl4int absolutely owing and payable
| bv the h4rch . shy p~rson OF persons ~, -, ,
cons n absolutely payable aud OWLS By hr chI'h aai
thu debt that owned and held ny nths0H aba uu'
Br .hr .syois tife Of aer tg-d ssslsnteh1 q 70
HE paa aud did not 10 the pisn1 undri 'a-
IS,J ia debt absolutely payable and in, 20 Ben'on sd
G. to-, fi psin;ih authorized By their cha-f .
purcAse The drb sud cod no, see-P' iAs a. saa-i A