The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-01
NEW YORK HERALD SATURDAY, JANUARY !, 1859

was red n January ana February s and was reported
at the time The action was brought 70 recover upon one
Of hrssen policies Of insurance on the snip Acnorn o.
Wal6oboro Maine-each for the sum Of ebooO-and re-
suited IN Aver Of The piaintins
le-The jury in the third trial Of Cancemi for the nur-
q al a occ
court 70 ask for information respecting the te-
mory Of Rollins, one Of the Witnesses Tor me prosccu
ton and in about ten minutes afterwards brought N
verdict Of guilty Of the murder charged Being polled,
they all answered N the affirmative.
"WEDNESDAY THE question of the liability Of foreign
companies taxation up before Judge Ingraham in
the Supreme Court. The British Commercial Insurance
Company had resisted the OF the Commission
ers Of Taxation, the ground that they foreign
corporation and also the ground that part Of their
property assessed in the stock of the United States,
which, it was conended is subject to taxation. The
Court held that much Of the in the
imposes tax on the stock held by the company which
was issued by the United States and which amounts 70
$50, 000 was illegal, and must DO deducted
l2.-Michael Canccmi, convicted OF the murder OF pc.
ceman Anderson this day sentenced by the General
day OF September next Exceptions were taken by
Messrs Bankman and Ashmeade the prisoners counsel
13In Supreme Court this day formal decision was
rendered upon the exceptions taken by counsel for the de-
fence in the Of Cancem The points Of re defend
ants counsel overrued and the motion for new
trial denied. An appeal was taken 10 the court OF last
resort.
VA civil suit was brought in the Supreme Court
against James Sutton Elliott by Jonathan Peel her Britain
nc Majesty Secretary OF State, which order for
rest granted for Mr. Elliott The suit is for $40 800,
alleged to have been embezzled by the defendant who
British military storekeeper The accused is
OF fifty OF heretofore of unimpcschabe charac
ter and man of family He brought to this country as
partner Of his flight young actress Of half his years
26-ln the Marine Court, this day, Judge Mccarthy
dered decision in the case Of one Of the District Court
clerks Overlooking under act Of the Iegsature who
sued the Common Council for salary alleged 10 have &C.
crued after his had been appointed by the May
the claimant and declared the act of the Legislature
CONSTITUTIONAL and TO have boon passed for the special
purpose Of providing for the life tenure of the Office the
clerks then in possession
In action against Mayor Temann for alleged false
arrest and imprisonment of vender OF umbrellas tho
sidewalk, Judge Mccarthy also gave verdict for the de-
PENDANT.
motion to discharge order Of of James Sutton
Elliott the British military storekeeper, denied by
Judge mgraham, without prejudceto a renewal Of the
motion on affidavit of the defendant.
27A case involving the liability of express companies
came the Marine Court before Judge Mccarthy The
action laid against the Adams Express Company The
Court rendered judgment in favor of the plaintiff holding
that banker or common carrier is liable for all damage
resulting from mis- carelessness neglect.
29.-An action brought by Eliza Ann Cropsey
against the Public Administrator TO $40 900 for
services rendered by plaintiff for James Rdgway in his
lifetime while she standing in the supposed relation
soemnized between plaintiff and James Rdgway in 1921
she believing that they were lawfully married. In Sep
tember earlier in the same year Catharne Rogway COM
menced action for divorce against James Rdgway. He
was married to her in 1912, and her name then
Catharinc Dob; and in 1915 he separated from her. In
June, 1922 decree entered dssoving the marriage
In 1928 the marriage ceremony again socmnized be-
tween plaintiff and James Ridgway she believing that
he competent marriage James Ridgway
died in lS47 Judge Sutherland delivered the opinion Of
the Supreme Court general term and concluded by
ing that the law would do Injustice to the plaintiff herself
by implying promise to her to pay for these services
30-Judge Hilton, in the Court Of Common Pleas,
dered decision upon the mo ion OF the Harlem Railroad
Company for Injunction TO restrain the Police Commits
soners from interfering with the plaintiffs use of ocomo
tives below Thirty second street. The Judge decided
against the notion also that the Corporation ordinance
prohibiting the ofseam the road is valid, and that
the Police Commissioners the parties duly clothed with
| legal authority to enforce the said ordinance.
In the Court Of Common Pleas, in the matter of the APP
pcaton to yacae the order Of tho forfeiture OF the BAL OF
sioiis the Judge denied the notion thereby holding Null
gans bail responsible for his being est at the hour Of
3-The accident which happened TO Judge Duer (Chief
Justice OF the Superior Court, by which his leg
broken assumed very serious phase He now lies dan
Island and great fears entertained to his ultimate
recovery.
Judge Davies of the Supreme Court appointed a re-
ceiver Of the Washington market property who must find
bonds in $50 600, with two sureties pay all of
So 900 TO the United States Trust Company.
AUGUST.
2-Judge Davies, of the Supreme Court, rendered an
important decision il the case of the Washington market
controversy, in which Messrs Brennan Taylor, as les
sees of the State New York. moved for the appoint
mentof receiver The Judge, in elaborate opinion,
granted for the appointment receiver who
is to give two suretie5 in the sum of $40 COO
In the Supreme Court Judge lngraham granted the
ton for of and stay OF proceedings the
OF Cancemi, convicted of the murder of policeman
Anderson.
9-Judgc Mccarthy of the Marine Court has within
the last few days heard and decided eleven suits which
brought against the Mayor and Corporation Of New
York. all arising out Of the late Street Commissioners
controversy and for claims against the city Out
Of the eleven suits decided favor Of the
claimants and four for the city those four decided
the ground that the officers ordering the work had
transcribed the given 10 them by the charter and
involving hundred and fifty Thousand dollars
The several law courts were adjourned for the day. in
consequence OF the death OF Chief Justice Duer of the
Superior Court.
ll.-Pursuant 10 call made, there a meeting of
the members of the bench and the bar of this city held
this day the Superior Court trial ROOM to express their
at the loss the profession and the community have
sustained in the death of Chief Justice Duer The
filled to its utmost capacity Orations delivered
by Judge Bosworth Benjamin F. Butler, JAS T. Brady,
Hiram ketchum and others.
I'm the Supreme Court counsel for the North River
Bank made application to the Court enter judgment
upon the report Of Mr. Hamilton W. Robinson the referee
the Of Hiram Cranst0n against the bank. From
receiver Of the bank, took into his possession assets
amounting TO 81 236 ass So, and paid S517 1928 H.
leaving assets including stock Of the bank taken in
payment of debts TO the amount OF S794l3 &C. Judge
Ccrke ordered Judgment to be entered that the receiver
deliver the assets TO the bank
16-On the application Of Mr. Ashmead for a writ of
the of Stephen II Branch, convicted Of libel
Mayor Temann and now undergoing sentence on the
writ rcturnabe on Monday the 23d inst.
22-The Parish will case came up this day In the Su-
preme Court general term, on an appeal from certain
decisions OF surrogate Bradford.
2s-In the supreme Court this day. Judge Clerke
gragcd alternative mandamus for the Board Of Super
y5orE TO show cause why they should not allocate the
$3.50 appropriation the Commissioners Of Record
passed by the Legislature the tax levy The Super
ysors amended the tax levy by substituting the sum of
$50 900 FOR that purpose.
SEPTEMBER.
3-Stephcn H. Branch, convicted at the Sessions of a
libel on Mayor Temann, and undergoing sentence on
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