New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-28
sIpREME couEr-srrciAL TERN.

Brfor Mr. Justice CdrdOsO-CdrOliHe Dunn
agt Edrrd MaH9y-Ihs case came up on a MOTION 70
substitute Mr. Sanford plaintiffs attorney IN place Of
MI Eya her present attorney. In her complaint she
set up am,bducuon by the defendant, and then an OBJ
tanning fum her partly by influence partly by coercion
KIT OF certain property which sho seek, To recover
Mr.. sanbrd who made the motion produced a letter
signed bJ her desiring the substitution The other side
r ,i i, riit"r under MaIioy's influence and was
dictated 81 Mr. Sanford his partner aud that she did
not now ,csre substitution. ON crOsscNamnatlon she
testified hat Mr sanford had been particular to tell her
II her complaint true she should prosecute the
action AID asking whether u were true she told HIN
that IL not. but she claimed this under Malloys
Influence even that day she had. her way 10 Court
told Mr. lanford she desired the substitution; only since
she camen the room had she changed her mind Mr'
Sanford tcrcupnn withdrew the application.
Esr0Te ~. jus ice CdrdOso-Ihe Allen Luidey Cde.-
Ia AthH-lhis case was up again Tor argument yes
terday bdOre Mr. Justice CardOzO. ENJudge strong,
before commencing his argument read an alhda!it on
wearing ,ppare had been sold by him. Mr. Strong
then proceeded 10 argue that the report OF the referee
confirmed tegularty IL was taken under stay OF
proceedings which was valid or II not which he attOr
ney for tlo Committee had right TO believe valid aud
That he Ind thus lost the opportunity Oi examining VII
nesses.
misconduct OF the attorney should deprive the other slide
OF any SUBSTANTIAL rights He adhered fully 10 the views OF
his own ursJcton and of the nature OF the proceeding
he had bdOre expressed. lie willing that the referee
should such further testimony AS they might desire
TO preset provided that the Interruptions which had
been Attempted should not be repeated He would II
they wOdd stpulato not 10 hinder or delay the referees
proceeding send 10 back 10 him, or else II they had
other testimony offer he would take before himself
Mr. StDug said he could not stipuate not being tue at
torney. lat he thought the attorney would be willing to
TAKEN SsrD'"' r''''''0 '- NV ''''''''''
peas thmgh he did not suppose there was anything IN
the proceeding oppeaable until his hnal decision on the
coming Of all The testimony. ,-,,. =. -,
Mr. Sha asked that further stipulation be inserted
Mrs Aldf was IN actual poverty, ana dependent on
charity From the property sold be understood several
thOusanddOlars had been received by the Committee
but ho hd RENTED dollar to Mrs. Allen, or for
her suPpGt IIo asked that some proper allowance for
ftufn he I'M le IA
Mr. justice Cardozo said on that fact property appear
Ing before lin on a1day he would make that part Of
Tue inatrr was then adjourned over to Thursday to
allow Mr. strong 10 communicate with the icOmmittces
attorney.
STRUGGLE FOR THE POSSESSION OF A CHILD.
In the Supreme Court at Special Term, yes
torday, bdOre Justice CardoZo the Lewis alleged kid
mapping case was again on, In the presence OF large
crowd NE direct examination OF Dr. Lewis was re,
sumed che parties 10 the case were all present Dr.
Lewis corrected his evidence given on Friday by sayn
that was hive years next May instead Of last May since
he went Boston 10 live. The witness then repeated
his evidence gwen Saturday with reference to sitting
up with Mrs. Lewis OF the nights between the l2h
there my objection made to your using the
couch that night. A. Yes, Sir; NJ, 1t was
Mrs, sued was behind tho bureau and she asked
me TO push out Ms Al lon came IN and said Why Is
said should not be put there, aud then SHE pushed IL
back INFO the further cdrner OF the room.
O. low long was that before the conversation with
Mr BgelOwi A. Within three days.
q Di you the substance OF this transaction to
Mr. BgelOwl A. do not think aid Sir. l gave 10 To
hmsn general terms thought 1t wac little more than
a white man could stand.
O. About the 18th OF March last were you In New York
with Mrs Iewisf A. Yes Sir; was Mrs Lewis and
left Boston about the Ot and stayed here until about the
18th; came here 10 close arrangement To 20
OF the Pacific Mail steamship COmpanys steamers;
communicated that intention TO Mrs. Lewis about u
week before left Boston; she came down 10 the ST.
James Hotel 10 dine with me- and We had very earnest
conversations she said II had time am satisfied
these things could be explained aud made right she
afterward consented accompany me TO that
night stayed here about eight days aud returned Ia
Boston together went HE 80. James Hotel, and she
returned To her mothers.
q. Was that trip a pleasant onei A. Wen. she was
feeling very badly but, far relations were con
cerned We were very pleasantly situated
z. l do not understand you " make Any charges