New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-05
SUPREME COURT-CHAsBKRs-May 4-Before Justit
MULLIs.
THE cHEEyER CHURCH DIfFIc
Hart ct al. agt. Harvey & Tompl


THE cHEEyER CHURCH DIFFICULTIES
Hart ct al. agt. Harvey & Tompsins.
Mr. Moves proceeded with the closing argument IN
th, case this morning He remarked that he desired call the
OF the Court TO the main allegation In the COMPLAINT
that the plaintiffs he'd been suduenty deprived OF Office IL
the other side that this action cons not be
maintained there ware no emoument attached 70 the
warrant TO hold SnS an scon for malice could undoubted
y be maintained He cited several auth rites In support Of
difference between this election and political
the Salaries made S.esment. eci Why the trustees
was therefore IN this case, not only question Oh
could not coude WITH Inspector certificate to the
prevailing party. He contend that H. at the tine Of the see
ton the voel the election to the plaintiffs then their
election could set aside except by the su'
prems Court. If the action for conspiracy would lie
the plsinfs ought to have an Injunction to assist them
The def ndants trustees de faco the Injunction
April The the difference between officer do
faco end officer support ofthis illustration counsel
decided upon challenge and then judi
oay determined the legality Of the votes cast II yoe cast
Such doctrine would be dangerous and la partzsn times
yeU was .nnornced they h.d no light to the votes
II remarkable tina: proceeding with sense Of eonseen-
oue these inspectors found all the Illegal votes to be on
side genuine votes to be the other side They
had right to get oseher and upon suggestions made declare
uops The had nothing to do but certify the
ip and thing else extra ndici. The Court there
fore could not take Judicial notice the illegal par, OF the cer
fcae the certificate should be rejected Of it, sqrpusase the
plaintiffs elected He therefore submitted that the cleo
ton showed that they were elected 1t wn said that con,
tr6etng to The plate collections was 10, mating continuation
within the meaning Of the statute. -
The hight in this p.ntigs aud could not
OF the argument the counsel the other side he M Evar
bad avoid clslr that the defendants elected 1t
the Inspectors to be the judges He denied the
sOundnes Of this proposition Every Board representing cor
necessary to qualify party to act with them The
nece,ary at the suit for the purpose Of giving them
the place without further trouble He contsnd to rest his
the facts Of the election which was not impaired by
any Of the Subsequent acts OF the inspectoIs
At the conclusion OF the argument the Court took the papers
and reserved its decision
BROOKLYN COURT OF EssIoNs-Bef Judge GARRISON
and Justices STILwELL and STRIKBR.
The Court was occupied most of the day in the trial
OF Michel slstery constable aud Michael Flood
sicmen for assault and battery md false mP'GSnment NE
John BIapsrd No. o6 Ryenon street between 10 and II
for mr. Brsnsd and were told by the daughter Ma. Fanny
Brained that he not in saeIy said he would for
posed bis proseIs ard she swore that sery seized her by
the hair pushed her down and that sbe sustained
and 10th were Conducted to The Station House
II appears that BrsinsId snd Flood bad dispute shout the
orme but claimed by flood Flood got ont w,rrant for the
Of Brnud on the charge Of petit larceny, which
The hOu'e foI tn. On the Of the dea,e
commended that Mr. ssttery acted Under wsaut duly
cued aud that be had ced several Zines In enJeaorDg
ecute every im receiving the SINE answer" Mr. BrAnArd
Almost sure 10 be in and met with the answer lie
soyed to satisfy himself and going up stairs when he
STEPPED b Mrs sns II w' that be used no
case va. given the jury and afer sboa two hours consua
Sn ns pon Indicted for robbery was tried and convicted
~ netit larceny Sentence reserved.
iobn Farrell ard George Shields pleaded guilty 10 selling
Bonor without license, AMI were hned. 80 each.
SUPERIOR CoURT-srEeIAL nns-MAY A-Bs'Ors Justice
~ HOrFsPE
DrCIsIOE
Goals et al apt Plat 1t sl.-Ordsred 10 be settled
on two days notice,