New-York tribune., 1867-08-09
London, 1907.

GERARD RALsToN
London, 1907.
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CIVIL COURTS.
UNITED STATES DISTRICT COURT-Before Judge
BLATCHFORD.
UABEAs CORPUS CASE.
In Application Of James Stokes bis Discharge from the Army
A writ of habeas corpus had been granted IN
tbis case recurring Major GEN Butered To show cause
for the detention Of Stokes as soldier in the United
ON be return of the writ yesterday morning 1t was
argued on behalf Of Gen. Buereld and testimony was
given that stokes was regularly enlisted at ms own & i
quest the 23d uto, and on his oath hat nc was oer
Ills discharge is claimed on the ground Of his alleged
only about 10 years old; that he informed the en-
On tie enlistment paper Notwithstanding his state
Inent Of his age that stated to be Il years and
The case turns on question Of veracity as to what
took place at the time OF enlistment the evidence DelhB
Tie Court reserved its decision, Stokes being IN the
meantime remanded to the army:
A petition in bankruptcy was filed by the flrn
Of Michael EndeIy and ulah C. Enderly oil Nap2i,Uch'
In re the PETITION Of VIM. q. Ladd, bankrupt Ihs
was en- application by Iadd ASKING that the amount % 1i
of the proceedings, the ground that the peuuoei s
unable to pay mOre.-Apptcaton denied. e.o,,o, =,
In re tho petition Of John II. Bagcy ana Stephen M
BageY.-Same application above, and same Geclson
In re the ipetitiOn of James W. Seymour-lt wonu wonu
own petition in NewOreaus that some time since GER
tain parties in this city sent him on 5000 worth jowey
TO sell them their agent that ne iacd 10 return
the amount he received for the ewcry and that subse-
quenty, while on visit 70 Ills city, he was aiIestCd,
pending The Of sut brought against MN 10 re-
cover tie value of the iewcly that Judgment was oD
tained gganst him and that le TO save himself from inn
nrsouu t gave bonds for the 8mOmt Of the Judgment
and returned to NewOueans that INC Judsm'Ht I Ids
not been satisfied and he Is now IN custody again III ts
Application is now made for writ Of habeas corpus,
ON he gro,nd thar Imprisonment for the debt in viola
tiOuO ID
II was contendcd by counsel opposing the application,
that thls debt had beeniucurcd by Seymour WHe acting
in fduciary capacity, and not debt cognizaDe by
on the other hand IL was contcndcd that this was not
debt incurred by Seymour while N a hdneary oapdc3
but merely an act OF conversion Oh MS part ana was
question was also raised as the power Of the Court
the petition was fled counsel for Seymour taking The
affirmative, ard the opposing counsel tle negative
The Court took the papers, reSer'As 4's ucelsioh'
SUPREME coURT-C -CnAmEEs.--Before Mr.. Justice
BARNARD.
THE CALIFORNIA PETROLEUM COMPANY IN COURT
-PRACTICE-ALLEGED FRAUDULENT SALE
OF STOCK.
The defendant IN tins case, Who is, or was was
lately, TIE President Of the California Petroleum Com
any sued by the Papih III Sn tne 49,, iSowpg w. @ lots
Of land in Flushing L. l. free ana clear Oi lcuhDIaheee
and worth $4,000; that IN April, 1862 tho deiCndau
who was the President of and trustee IN me Caiioia ma
Petroleum Company, corporation organized uhder the
Tor $50 shares OF the stock Of the California Petroleum
sented that there was oil on the lands OF the
Company in California, that there were nn
often drowned the pools OF oil there that Mr. Church
gave plaintiff a bottle which he said contained OIL taken
from there and gave plaintiff pamphlet containing
report Of Prof silliInan as 10 The on on thO.e IanG
GERS of said California Petroleum. company, IN order TO
I an Of tese ions Of MI Church
Port of Prof. Siinan WAS obtained 10y bribery; that
of the company were directors aud ha Mr Chulch
concealed these alleged faCls aud made the otlcr cS'u
Statements In order las the plaintiff aegcsl 10 dofraud
Linn out Of his lands. The defendant ir church, by h-
answer denies all these allegations and says tie contents
OF the pamphlet he gave the plantn true; that the
report of Dr. sillman was not obtained by bribery and
| he made none OF the representations chmsed,
The matter came before the Court motion made by
Messrs. G. f. NOyes aud j. T. DAILY, the lantiis attGr-
neys, for order directing the issues IN the SUIT 70 DC
| tried by jury The defendants counsel opposed the
notion and cOntcndod that the cause should be tcd ny
Judge without jury The plintii counsel c"iieL'ea q
Jury Tie Court took the papers and rendered decision
yesterday, granting the plaintiffs mo- iol ,,..,..
| c. +. kOyes aud j. +. DAILY for pihhiii l. B Cauuer
-'' Before Mr Justice MULLEN
| TIE COMMISSIONERS OF TAXAs AND Assess
The People ,1 rel Moa sst coaaoTy Controller
This is an action to compel the Controller to
nav Mr. Mott salary Deputy Commissioner Of Taxes
aud Assessments since May last The re.aor was ap-
pointed such Deputy Comisso1er y ls5g by the & Com M
remembered that the legality Of the appointment OF tse
TGe Court Ultimately held that the appointment was
proper but that single appointment had exhausted the
power of the Controller under the act The Commits
sioucrs aupOiued by him, however, with their deputies,
held over until the vacancies could DO hICd.
doHcrGr dda5t spns 10 appoint the connissoncrs, and
the Governor exercised that power by appointing new
Commissioners who removed ertlator. He however.
claims that the Commissioners were not de Ji1e
commissioners, and had no power TO remove hlm ana
claims he Is entitled The real question: therefore, ls
whether the new commissioners are III Once OF Nhencr
the old ones still hold over IN deiaut OF rcgnar hl,
poutment and this depends the cOnsiitutlOuaIty OF
The law making the Governor the appointing power, On
the part the elatOrt conteded That the once OF
elective by the citizens OF the county or az eet 70 pe
appointed by county officer elected ny suel cur
zens and that the Governor, not beng such an oDcer
the cOBeringOf the power on him was directly opposed
On the part Of the defendants It urged that this
was not the proper time try the title TO Ohce, ana tat
npdamus was not IN any the proper remedy FOR tie
plaintiff until he had exhausted every other renedy but
even Il were the office was new ONCE IN substitution
OF fc old Ward Assessors, and not OF the Offices In
| cluded In the Constitution OF 1896. ~ ,,,,, D.,
The Court reserved s decision. Mr. i. L. Williams IOf
plaintiff ]. W. Culver for defendant
! SUPERIOR COURT SPECIAL TERM.-Before Judge
| BARBOUR.
DECISIONS.
Wm. B. Duncan ct al. agt. Jacob Beilen ct
TdroTd iaTtheeTo agt T. ChalmetAiOtion OF arrest
Elizabeth H. Allen ct al agt. John t. smh.-Motion
| denied with $40 costs ~ - q
Michael Duffy agt John Casey.-The horse and wagon
| are cYclupt. Petition granted as 10 residue
In re Margaret Kicker agt The People &c-Bnl gwen,
and the prisoner discharged.
In re The Petition Of John Trncy for appointment OF
guardan.-MOrOn granted. .,.
In re the petition OF Hannah Thalkelmcr Tor aQpoht
meut Of GUARDIAN Motion granted.
COURT CALENDAR-THs DAY
sTpRFsfr COIRT-CHAMBghs-BAuN J-tssrryed Causes
5,-Chaen ct al Ae; Wells lG-MnTlp agi Murphy g.,