New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-06
CIVIL COURT rs.
SUPREME COURT-CHANBERs-Oct 5.-Boiore Jnli ee
SUTHERLAND
The RICHMOND COUNTY SUPERVISORS AND THE
METROPOLITAN POLICE


SUTHERLAND
THE RICHMOND COUNTY SUPERVISORS AND THE
METROPOLITAN PoLICB.
The People ri John g. Bgen ag The Board Of Supervisors
Of ldchm0ud County.
This was motion argued about two weeks ago 10
courl the supervisors Of Richmond County bonds
raise the Dony the payment Of the police detailed on duty
Island The motion resisted on Ao ground iat
he Legislature did authorize payment Of e money
Tie following opinion is now rendered b Sutherland j. Tho
rsh Of Tie rcaof 10 tie mardamus asked san coHy
clear TO Justify lie IN granting H.
Though estimate mentioned IN The h, section Of the Act
ur cnp a9u to b. made and certified nnd do
h,cro ineday alter the passage Of Tho nei yet that SO
ton declares hat shall be- not only On estimate Of The
Of money which will be required 20 W c ,lie. aud
compensation Of Tie captains srgeans and author
Laws Of lso6 together win cost 81 Siati oL'e 1I sa'io
Houses" &C. but 0iso Of u cost u sh '1 y houics md
9fI B core G " s %sr o. Of sad uny o. Raoa 60
by Section Of the said Act Of April u The Board Of
cause the amount 50 estimated by no Bolr Metropolitan
Police AMI certified 10 he levied and collected Sc and by
Couay hereby authorized 10 borrow the credit Of said
County, the Of money 30 as aiorslid esimnied &c
Of Richmond County have authorized anil approved Of any
or that they have acted that subject
II appears ali mayey the part Of the that they
This application Is not FOR Gmadarus to compel the
Board 10 meet and upon that subject but 10
compel them to borrow the money required by the estimate
mentioned IN the first section and vet IL clear that the e
required TO he made oerided aud delivered TO the
made certified or delivered and could not b. 80 male
certified or delivered until tie BonTd Of Supervisors
had exercised their discretionary authority sud approval
the number OF horses be used for a horse patrol
II very clear upon any construction ~ the lEr section OF
the act that Boar Of Supervisors BE- compelled
borrow money until the estimate mentioned In the nrst
o been made certified and delivered required by that
section.
contain estimate Of the cost of horses the number
which Is expressly left 10 the discretionary determination 81
Bod OF Supervisors tends iorcby TO show that the author
iy TO borrow the money given by tie inrd section is disee
The nandamus is denied, but without costs
DECISIONS
Reuben W. Howes ct al agt. j. d. Adams, IT.
Motion denied with go costs TO abide event oil action
The People rel John g. Bergen agL Tie Board OF Super
visors OF Inc County Of EchmOnd-Moon denied without
James H. Laws ogt William McNuy AID assured
and inquest aside the to be restored 10 is regular
o the Circuit and subsequent costs within days
Frederick Mead agt The Pacific Coal CompanyMoon ne
Moses Gooddison agt Matthew J. Collins OL-Moon de
j. Dewey ct al agt l. s stiriring Motion granted with
Wv Gusts 10 ' CIncSf@BeoSe Mr. Justice DAVIS
Francis W NJ. Roe ct al agt Calcia A. +, Analre.
THE ALLAIRE WILL CAsR--DIsAGEBEMESr AND DISCHARGE
THE JUDY.
In Ills case II was expected that the Jury would
bling sealed verdict yesterday morning On coming INTO
court and being asked The usual question whether they bad
agreed upon verdict the foreman replied that In relation 20
tie Inn question propoundSd to them lhgy were ngbe to
quiIcd to pass upon and their answers 10 them; go
The jury in answer TO the questions SCI down IA THIS case
say a follows TO the first question, 10 wis
Whether tho said paper writing was signed by the said
James y Aoie in the presence OF OIL TIE subscribing wit
presence any Of them and 50. whchof hem The jury
say: ,,s IL,
TO the second question: TO wit Wheeler tie sguntue 10
said paper was acknowledged by the said james H. Are 10
be biz signature 10 any Of said subscribing witnesses and If
30 which OF thosc subscribing winesscsi the jury
TO Abram iaiscy and Lncus liaIt
the hi question TO Wit whether the said Witnesses
and If so LcL them signed said paper Wriung Wit
thereto at the request Of tho said James L AaiseP
the Jury say;
To the fourth question 10 wit Whether Inc said james
Aae acknowledged said paper TO BE- his last III 10 said wit
ncsses or to any them, and II So to which OF them tho
jury say:
Hed aid by saving This is my last W and requesting
them 10 witness H."
Obtained from James Are by undue iHnuencef The
iurysly;
" We cannot agree ~
1t being found inquiry. that there was 10 probability OF
the iury COMING 10 an agreement they dischlrq They
fOO nine opinion that undue Influence had bieh used 10
obtain Tie viii and three of The contrary opinion
James Brady ard : &. Lyon FOR pJintins c1Sntogaie
Bradford Cochran and Todd for defendants.
sToyIs ACT. COLD.
II. 4. Stoves agt. John Frost
Az EXTRA JUDICIAL OPINION.
Amer the discharge Of tho jury in the Ale case the i'm
panncng Jury ny other causes and the partial call
room vas too cold uncomfortable thcre being no stove IN
80 Tor 10 50 there during Tie day anal Lat was also 700
cold the Jury there and stated that several OF the ly
Aliifc taken colds iu
thereof and one Of them had become quite SICK
An EXTRA JUDICIAL pECls OF.
Tic Court then dded 10 81 a short time Tor tLe purpose Of
hearing Iguess any presented Dut took enrs'san