The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-24
Brooklyn City News.

GENERAL TERM DKcIs1oSs-A NEW TRIAL IN THE CASE OF
GALLAGHER ORDERED-Ihe General Term of the Supreme
Court adjourned yesterday for the term having disposed
of all the business before them Among the decisions
the following
The People er REL George Stats anaJacoJ Stats agains
Lyman 7femain, attorney General Gc-Judgment for de
fendant, denying peremptory mandamus, with costs
Judge Strong dissenting. Opinion by Judge Emott.
Roswell Graves, respondent against Hiram Berddn, op
Teliart Judgment reversed trial ordered in the
City Court Costs 10 abide the opinion by Judge
Emott-Judge Strong dissenting.
VIM H. hershon, respondent, against The Brooklyn Cay
Rdaroad Company, aprelidnt -Judgment of the City
Court OF Brooklyn reversed and trial ordered, the
costs to abide the event Opinion by Judge Emott.
James Gallagher plaintiff in error against The People
IN erTor:-Judgment reversed and new trial ordered
Opinion by Judge Emott
Benz Middleton, respondent against The CITY of Brook
lyn, Observation-Disclosures reversed and trial
ordered Costs to abioe event. Opinion by Judge Emott
John forsyth, respondent, against the Hudson River Rail
road Company, drTeitdN-Judgmen Of the County Court
and Of the Justice reversed, with costs
Brooklyn appellants Judgment reversed with costs and
aud ordered for the defendant the demurrer,
with leave 70 the plaintiff TO amend on the payment Of
costs Opinion by Judge Strong.
In he mater Of the County Treasurer Of Butchess Cont-
Ordered that the said County Treasurer show cause the
trst day Of the next General Term, why attachment
should not issue against him for refusing neglecng TO
comply with the rules Of the Court and account
of the funds and investments his charge copy OF
this order to be served upon said treasurer by District
Attorney OF Duchess county thirty days before said
II WIZ be seen that the judgment rendered in the
soner was tried for the murder of Hugh Kelly, in the
Kings county Court OF Oyer and Terniner November
1857, and convicted OF the offence He was thereupon
sentenced by Judge Davies to be hung new trial was
applied for on the ground that the killing done in an
anay In which several engaged that not dis
tincty shown that the accused was the one who had
stabbed deceased, and that if done by him. was
done in the heat OF passion without intent to le
and the verdict should have been mansaughier in some
degree instead Of the greater offence. Gallagher has
been IN jail since the night OF the ARRAY and behaved
himself SO well as 10 gain the confidence of the keepers
who allow him certain privileges of which he would be
oeDarred were his department different from what IT is
The other decisions also Of considerable local inter-
est, invoving as they do important principles law.
BALL OF HE PHnocHoKEAS SOCIETY society gave
Its first ball for the season Monday night Pierre
pont House. There were couple OF hundred persons
present. composed OF the famie and friends the mem
bers, who number about sixteen We have rarely seen
so many beautiful women assembled in ball room, or
more varied display Of elegant toettes Dancing com
menced about ten and continued 10 an ad.
vanced hour In the morning The supper and wines were
OF the most recherche character and under the direction OF
DR. Tucker the President the arrangements gave general
satisfaction. This society s only in the sixth year of ts
existence, but it has already dstanced of its com
petitors in prestige and attraction.
THE New ARSENAL IN ACKNOWLEDGEMENTS General
Sherman, Commssary General WEIGH, Gen. J. II. II.
Ward, with committee OF architects. visited the new
State Arsenal at Brooklyn yesterday visit of nspec-
ton. After giving the building thorough survey
from s base TO its they TO the conclusion that
the building 10 unsafe