New-York tribune., 1867-02-19
SUPREME COURT-CIRCUT-FEB 1S-Before hr
Justice l.. ID. SMITH.
kHOOIINW IN A BAN-NVV.'''
Patrick Gibrde agt Michael Hughes

with four barrel pistol seriously Wouhdng nun IA az ih
head and causing him to be confined 10 ms Oeu &
weeks, and also causing him much palh' eAPen'o "
The defense f. that the wound caused by the aes
dental discharge of the pistol while being n0nd vas
defendant from his coat pocket and tsat the "ou WIS
aligbt: defendant recovering In week ,,.,., an
The testimony very conflicting The Rlalntdt en- en-
acayorng TO show that the defendant fired the shot oe
erotei and afterward expressed qualification at what
he had done; while the defense attempted 70 snow tnt
tS9 pfD Td SS fSe @ poek Of defendan coat the
breast pocket, and that defendant expressed inc -.
grief at the accident offering to DO all Ia h' po"''
The case was then summed up The Court VIII charge
G. + d. Pelton for plaintiff; Townsend Mahan
iO' u0''"O'''''' Before Justice LEONARD.
DECISIONS.
In ro Joseph Mangn convicted OF dis9rderly con- Ta
ductWrt OF babeas corpus discharged ana pisoner e
Inanded to custody OF the oiiicer; 'I Hv,v
The people ex rel Juse Lanchantin ct al agt ferTe
La Costa ct all Chas g. Faulkener ct al agt Reuben
Hatch-Motlsns denied with $40 costs:
WIN. f. Johnson agt The Consolidated siiyer D'inins
Company ct al Motion for inspection of books &e''
Bastolome Banco egt Mary E. Taylor ct al-Report
GINERhL TERM"Beors Justices LEONARD, CLERKE and
INGRAHAM.
MONEYS IN COURT.
The Court made the following order:
Ordered that the ~ Y. Life and Trust Co.. the Union
Trust CO. and The Farmers Loan and Trust Co.. be not-
fled by the Clerk that annual accounts required TO be
furnished the Supreme Court Ia January OF eacn year
have not been received and requesting Such
Ordered that The Chamberlain requested to furnish
this with the annual account OF moneys hed py m
The Clerk is directed send copy Of these resolutions
to the parties above named.
Cases heard by Justices Leonard Clerke and lrsaham
Postiey agt sherman Affirmed with costs
VIM X Grfftbs agt. ThOs. A. scott ct aL-Order re-
yersed and Injunction continued with $40 cost OF appeal
The people cx rel United states and Brazil Mall steam @
ship company agt Commissioner Of Taxes m tne lily oi
New -Iork.-Judg gment for Respondents Win COSTS
Opinion by Ingraham,J. 49,, -. ..
Murphy agt. Gruss-Oider aiirneu, WIN SIV coSto "
abide event. Opinion by Clerke, J.
VIM Nblo aPt. John NiblO ct al.-Judgment reversed
and trial ordered costs to abide event. un5ss a IN
tiff deduct l35 60, and also portion OF he
interest stated In opinions within 10 days hi pn
n such consent be given Judgment affirmed lof Tue pa
nnce. Opinion by lngraham,J -, -.
Gray ag woodcoek.-Judgment affirmed with COSTS.
Opinion by Cerle. j.; Ingraham, j. dissenting;
Jeremiah O'Brien agt The People, &c.-Judslnent ar
flfmed Opinion by Leonard. j.
A. j Fitch agt John W. RusseL--Judgment affirmed
with costs. Opinion by IngIahan. j. 49,,
Cases heard by Justices Leonard, Clerke ana ou'h@
Geo. @. McKleun ct al agt. Vim, Marsh, impeaded-
Judgment affirmed with costs. Opinion by Leonard, >.
Gases heard los Justices Leonard Clerke and lngTahan:
Eugene Kelly ct al agt. VIM Gushing et ta'LOIuet t Ie
versed and Judgment restored, with $40 costs OF noon
and $40 costs OF appeal Opinion by Ingrahan, J ana
pS LeTHs; st NEUTRALITY-SUSPICIOUS. reversed ana new
trial ordered before referee costs to abide event Ol-
ION by IDgraham. j. and by CleIke; J dlssenuHg, no
Richard L. Allen ugt Samuel X. BOwen-MOuon Tor re-
argument denied. 81,
In re. John OConnor, an enlisted private &c.-order
Gases heard at April term 1866 before Justices Bar
nard Sutherland and igraham.
Yeastnan ct nj. agt. Clark Judgment reversed ana
trial ordered; costs TO abide event oplmoh oy III
Gillian Gnlan agt David Cark.-Judgnent rendered
and trial ordcredi costs to abide event oPloh W
heard at November term, 1885, by Justices Bar
Wiskson Sarics agt the Mayor &c.JudSmcnt affirmed
with costs Opinion by Barnand, j. mgrahaln, Jp dis
Vim. W. Thorp agt the Keokuk Coal Company Of the
City OF Yori-Judgmen affirmed with COSTS oPii-
ion by Barnard, J.
Wm 3 Whitlock agt. Asa l.. Shipman ct al, &c-Judg-
ment affirmed with costs. Opinion by barnard, J.
gJohn Thra and John W. Thompson agt. Simon kram-
order affirmed. with costs opinion by Barnard. j.
james r MIX agt. The Niagara ms Co-Jgdgment re
verscd and new trial granted costs to abide event
Opinion by Barnard. j., Ingraham, j., dissenting. ,-
Joseph c. Fisher agt louisa Hepburn ct ai.-Order
ADMISSIONS TO THE BAR
The Court granted motions to admit Thos s. Alexander
motion was made admit the Hon. Andrew jackson
Rogers OF Sowerey to practice in the Courts OF TINS
The Court said the motion would be considered, aud ad
journed TO next Thursday
SUPERIOR COUIT-srEcrlL TaEM.-FED. 1a-Beforo
Justice JONES
TuJr,TTES OF A BENEVOLENT SOCIETY AT ISSUE.
David Neig ct al sgt d. H. Goldsmith et a.
The plaintiffs moved to continue an Injunction TO
restrain the defendants from acting as Trustees OF the
Issacher widows and Orphans Benevolent society. Inc
plaintiffs alleged that at an eieIom Oh oSSs nrcd od i no
a conspiracy elect three additional trustees, the de,
fPulaut, Goldsmith, assuming 10 act as ITtSucnt
declaring them elected by accamalioni mat PahtIis
protested against such action and that the defendants
illegally drew slCO from the funds OF the society.
The motion is resisted on the ground that the defend
ants had been regularly elected by aCcamaton In accord
aHce with established precedent and that the paihtfs
protest of no force or account Ihe Judge reserved
his decision.
A. 5 Cohen for plaintiffs Samuel Hrsch for defendants
DECISIONS.
John b. Fogerty agt Lewis Audenried ct al; Stephen
T. Hatfield agt New York lee Co.-MctiOns granted.
Frederick ID. Pfaif agt Michael Doody-Moton denied
without costs.
Emanuel Hoffman agt. Manhattan Insurance Co-Mo-
ton for commission granted,
Peter Hanson agt. Oliver H. Ferrs.-Motion granted
Michael X Wilson ngt. Nathaniel NJ Terry.-An extra
allowance OF per cent granted.
David Woof agt James Iynch.-Bond approved;
Bank OF North America agt Alex j. Meyer CT a'-Fro-
ceedings discharged.
Constantine Ressway agt. James W. seymour.-MOton
Alley. l.. Farweather agt. j. Van W. saterly.-Moton
granted On terms.
VIM. Moses agt Geo. W. Banker CT al-MotlOh Stahleu
Before Justice ROBERTSON.
Israel Davis agt Sylyanus Mayo etal-See men, with
Special Term Clerk
COURT OF COMMON PLEAs-sPEcIAL TERM-FEB. 49,
Before Judge BRADY.
PACIFIC RAILROAD CASE.
Boyle Ehnghan H. Nichols and y other defendant.
The complaint i'll this action alleges that the de-
PENDANTS and James WadswOrth were the owners or a
contract for the building of the Atcheson and P1ke Peak
Railroad miles, for which they are TO receive In
bonds and lands 100000 Ihat Madsworth assgnea ms
and that the defendants accepted from the plant an
assessment made on the holders That notwlthstandng
In interest and up aud claim that Nadsworth the
plaintiffs assgnor had any interest In the con
tract to the plaintiffs damage The painu prays that
hs right 10 the interest be determined and the defendants
restrained from dividing the profits until his claim Is
settled by the Court
separnte attorneys and dcmur 10 the complaint not
containing cause Of action. while the deiendnts Henry