New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-04
THE COURTS.
SUPREME CoURT-sPEc1AL TERM.


Before Mr.. Justice Ingrahdm.-Lundcy and
drunkenness. SIN ne Hermann ADert-rhis proceeding;
previously reported In THE TRIBUNE, came up Tor na
fine reator had been committed the Lunatic Asylum
on Backwelps Island at the nsgation OF his father IL
appeared the testimony that he had been two OF tre
tmes previously sent 10 the BlOomingdale Asylum aud
discharged from there; that he was not at present
worse than when so discharged; that when pre-
yousy confined ,r he mac mad doctors opSons
drinking leading him occasionally TO wildness and pos
by temporary insanity Judge inefah neap was was
no law for holding the reator IN an Insane asy
though possibly he might be held II the him
that unless he gave up the habit OF dInklne wnc 10
admted ne might s00 d De S easy release HIM The
relator stated that the temptations OF his business I'M
surance agency and family troubles were some excuse
for him. but he would endeavOr TO correct IT,
Before Mr. Justice B0rndrd.-Hr H. ChdHS agt Ihe
C rssm in TIE TTRuSs was brought to re-
cover 1899 shares OF the Central Branch OF the racine
Railroad which had been Originally Inv tbs State Of
Kansas on the ground that 1868 they had been SOLO 10
him by a brother 10 OF e Road TO make such
fers as he should think 1T The defense set up was
in s Charter sbe 10 sell it's stock below par and
had power TO authorize anyone else ,. 70 ,s ser
ha % 3sct the stock was only 10 be issued to who
could aid in procuring grants OF lands OF au 20 Tue %
many and that the plaintiff not one OF these lhey
aso set IN this state OF facts When the Company was
Organized senator PomerOy, Luther c. Challs ana one
other agreed TO DIVIDE among
the stock and the to raise $OOo Ihst senator
Pomeroy took hs stock in another name Luther y.
Chas took his stock except share In MS prother
name and the third party took his stock In MS own
name Subsequently finding that they could not raise
the money the stock surrendered Luther Challs
surrepdernR the stock really HIS though In his brother
name and other parties came In having money adVahoea
81 cob 600 and with the Government aid built the ROAD
They stated in the course OF the evidence that
owing 10 a change In the route OF the Pacinc RalrOa1
they were left without any connections Tor their ROAD
thar the only business they bad from the emil
grants they had brought the lands, and from THESE
their business slowly growing up but only recently
had paid running expenses They hoped at the coming
session OF Congress to obtain relief from Congress IN
similar aid toward building lS3 more miles OF ROAD 70
function with the Union Pacific Railway Tie lOO miles
they had already built had absorbed their own payments
the proceeds OF the Government bonds, the most OF
the proceeds of their own frat mortgage DOnus'
and even some OF their lands beside leaving them
somewhat in debt IL further claimed that the
payments by the plaintiff were coluslve, aud 10 mas
brother, not Company The plantr inssted that
the wide powers granted by the original charter author
zed the sale OF stock claimed by him. that the stock
was duly sold hi that the money paid his brother
agent Of the Company, was duly applied 70 the PuI
poses Of the Company that the subscription being made
before the stockholders came in they were charge
able with notice; and that his brothers action IN trans
ferrng the stock unauthorized by him. ana was VOID
The case summed M at length by exJudge Porter
for the defense and IN Mr. Knox and exJudge Fullerton
for plaintiff. The Court reserved its decision.