New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-26
NeipNurk Dailp Gribn,re
La w INTELLIGENCE

| SUPREME COuRT-GzsBRAL TERN-Sept- 2s.-Betore jus
| tices SUTHERLAND, BONNER and ALLEN.
| THE RECORD COMMISSION - PEREhPToRY hASDAhUs
ISSUED TO THE SUPERVISORS.
In the matter of the appeal taken by the Supervisors
from the decision of Judge Sutherland at Special Term
granting peremptory mandamus TO compel the Super
yfors TO put in the st the Of $50 900 author
lied by act of the last Legislature TO be raised
count of the Record Commission, but not to be paid
until judicial determination Of the question Of their
right to said amount the decision of the General Term
was rendered this morning, affirming the decision at
| Special Term, without costs
There was no written opinion, but while the concu.
sion was unanimous, Judge Bonney expressed his dis
sent from of the views of Judge Sutherland asex
pressed in the Special Term opinion, in that first, he
did not think that there had been a sufficient demand
by PLAINTIFF and refusal to comply of the Supervisors
10 Justify the issuing of peremptory mandamus: and,
second he did not think the Supervisors should he
compelled to raise any of the $50 900 until it first
udicially determined exactly what amount was due,
and to which the claimants were Justly entitled 10 the
other several views in the constitution of the law he
| concurred
Abram r. Lawrence, jr., on behalf Of the Supervi-
sors Immediately applied for stay of proceedings, in
view of an appeal to the Court of Appeals, but the
Court refused Judge Sutherland expressing the view
that as the peremptory mandamus would not compel
the immediate issue of the taxbooks only that when
Issued they should contain provision for the disputed
$50 0O0 hence if the Supervisors wanted to appeal,
they could continue to hold back the books sufficient
length of time to enable them TO appeal in regular
course.
Judge Allen suggested that the question one OF
responsibility merely if the Supervisors chose to hold
hack the tax-books they might do 30, but they had
already been kept back two months and the Court de-
clDed to take the responsibility of any farther delay by
granting stay.
DECISIONS
Smith j. Eastman agt. Isaac Conly.-Order Of the
Special Term affirmed with sl0 costs
Anron Herrick sgt. John +. Ropes.-Order of Spe-
ca Term affirmed, with 9 10 costs.
ID. Porter Lord agt Augustus Ford-Order affirm
'1' CHHSBERs2sEPT 25.-Bsfore Justice SUTHERLAND.
DECISIONS.
Mary F. Clark agt. Bernard J. Clark.-Motion to
confirm report and for Judgment Of divorce granted
Emma Clark agt. VIM. Clnk.-Divorce granted.
QUESTION ON THE DEEDS OF CORPORATION LOTS SOLD.
Miller Goats agt. Robert T. Haws, Controller, &c:
The plaintiffs applied for an alternative mandanus
requiring defendant 70 give uP the des$ .: property IN
the city TO plaintiffs two years since for s1co The
10 cent down and the balance Of Is per
SI, The . cent he .9 cent f The
and mortgage STSs prepared prep called and ;d
would Ike 0,s Fms .Ss. s% bs is Of s %
& ea IN s5s they pa desired pay the balance the
cent record Of the 10 cent paid could be found and
h ns hat the term. Of had not been Compiled with
10 p d been &c b ' pa 90 . ne sd
Plaintiff held that the payment Of 70 per cent was sufficient s to
cent thew are bound to execute the mortgage deliver up
deeds The property is said, would now bring double whs.
sEs G istuTns6s the INST Monday in October
THE PARALLEL RAILROAD CASE.
A. of tbaa pn for an
against Broadway Parallel Rroad Incopors.Or' there was
afurthsr pOstponemeEt until oct I u.
CAN MARRIED WOMAN BECOME BAILi
| Solomon Hart agt James Dunn.
The defendant arrested in civil action and held
to bail in thu sum Of 400 ExJudge Stuart the counsel for the
defendant offered as bail Ms judah Hutchinson who hold.
sppe siis 1 be married the Judge
bail saying that she could not execute bond but could
| United STATES DISTRICT COURT-sEPr. 2s.-Before
THE PosT.oFrIcE DEFELCATIoS-A coNMIssIos To
l EXAMINE ISAAC V. FOWLER.
George A. Conoyer at The United states
This up this morning, pursuant 70 olourn-
ment on motion for commission 70 take the testimony
| of Isaac " Fowler. MIR. II. Robinson presented the
affidavit of George Law which set forth that witnesses
mad been ordered by the Court to be tried by Jury,
and that he had been advised, and believed that the
testimony of Isaac V. Fowler was material and neces-
sary for the plaintiffs in this action, and mat Wtnoni
the benefit of his testimony the plaintiffs counsel cOnd
not safely proceed to the trial of said Issues The de-
fendant added that there WAS no hope or expectation
that said Fowler would return to the United States
The United States Dist Attorney read the ahda-
Wit of j. Buchanan Henry, Assistant District Attorney
of the United States who stated that on the lO'h OF
June lag, Isaac V. Fowler indicted for the crime
of Enforcement, for approp1ang 10 his own use Tue
sum OF Sl55 600, collected and received oy nun as
deputy pos master-an ol'enSe Determined ~ Id" " ''
| felony
That instead of meeting said charge, the sald foW
Ter after concealing bimsef for time, He'd from the
Uuied States TO Cuba some other place 70 AVOID ar
rest by the Marshall aud the defendant gays tna
has thus confessed himself guilty Of felony and that II
he be a competent witness his testimony, II false Woud
not expose him TO the legal consequences OF perjury,
therefore the trial ought not 10 be delayed ana l1r
Their that if the only object for which Fowler to DC
eycused is 10 prove statement csId be TO prove hin
uilty Of gross fraud upon The Government IN OBTAIN
| ing his commission and the eby the power OF cole Z
| ing the moneys which he had aiCerwsrd teloniousy
| appropriated 10 his own use
This was sworn 10 in Tire usual way
| The Hon. J. j. Roosevelt on opposing the MOTION,
said be DID not See how the evidence OF any nsn Ise
Fowler could be desraO 10 any acuoni man WIN VIZ
ha dvio tied mis- oath OF Office tmss ou 0i huosI nc
fret week after his appointment. In addition 70 the
civil suit instituted against ain by ths Cmtsd sta es Nc
had been indicted for the felony and III tha' Gaze II
must be noticed that he had not put an appearance OF
nteroosed plea OF not guilty but had let Judgment as
n nav be said 90 gainst him by defaults directly no
| hears Of the charge he fees the couutry
He, the Dstric Attorney, therefore submitted taat
Fowler was AZ much disqualified on the question OF Ms
credbilty If he had been convicted OF ielohy anu
moi he had been guilty OF gross fraud III order tnSt
his suretes may get rid of the Inability as IN no poroh
of the papers had there been any allowance to over
Charlick. 49,. =. s
mere ordinary application ~ the discretion o. sno
Court and that he did not zee any reason ior refusing
the commission hut he would limit the stay OF pro-
oeedings 70 the 2th Of October.