The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-06-28
SUPREME couaT-spEclAL TERM.


SUPREME couaT-spECIM TERM.
Dispute between Partners-Injunction Granted.
Tppetts Us. Hoaoth and Another.-The parties had
entered into contracts complete works OF excava
ton near Portland, Maine, and other places, in CO
partnership and large sums were now due to them.-
Edwin James now moved upon afndavlts on beBal1
OF the painln for an Injunction restraining the
contract until the further order OF the Court. The
plantir alleged that the defendants were lnsolvent
and had appropriated large sums TO their own use in
fraud OF the plaintf. Judge Barnard granted an
injunction.
The Contested Supervisorship.
TIE People eI rel. John Foley Us. Henry smith,
Judge Barnard has Issued mandamus to the Mayor
demanding the issuance OF a certificate OF election
Tor John Foley as supervisor.
The Wilkes Libel Suit.
Before Judge Cardozo.
The People Us. Saunders d. Bruce. Hamilton
B,ts6y and James c. StnepsOn.-These defendants
are editors OF The T,1G Field ana Farm, IN which
appeared an article detrimental TO the character of
Mr.. George wilkes, editor OF the SPIRIT or TIE
Times. An indictment was found against the de-
PENDANTS ON his complaint in the Court OF General
Sessions In March last. but the trial transferred
10 the oyer and Termlner, and yesterday was set
down for ITS trial. Judge barnard, who held the
place. This was caused by Judge Barnard being
subp9naed as witness, and therefore lncapacltated
allowed TO withdraw the plea OF not guilty, his OBJ
ject being to move to quasn the Indictment This
was opposed by counsel for the people, and Judge
Cardoz0 held that the motion was inadmissabe, but
that, II the indictment detective, counsel could
move to arrest Judgment on the verdict.
Counsel Tor defendants then asked 10 be heard on
q demurrer TO the Indictment Oh behalf Of J. G.
Simpson, one of the defendants.
Judge Cardozo declined hearing until after the
trial OF the other defendants. IL was then moved
behalf OF defendants. 10 adjourn the trial, the
ground that 1t would be necessary to send COM
IN M
regard to the forgery of the WILL and that this would
require time. Also Mr.. John b. Haskns, whom they
supposed had material ana Important evidence to
give, was In Europe and would not be back until the
end OF July, or, perhaps, not then. On this ground
alone counsel claimed postponement.
Ex-Judge Whiting, for the prosecution made a
most elaborate speech. remarking on the freedom OF
the press and the necessity that 1t should DC pare
as 1t ought to be Tree. 1t should not be allowed to
falsely The character OF any man. The editors OF the
Tu'I Field and Farm knew when the alleged libel
ious article was written whether it was true or
false, and they had sufficient time 10 be
able to- prove that W.a It was true. They
up in a house of prostitution and had lived OF The
shame and degradation Of woman. They had said
OF him the most damning thing that could be said
of man and that the boys on the street marked him
out Jail bird. They had said he was fOrger.
Surely they ought to be able 70 prove what they
interfere to protect mans character he must do it
himself, and then the shooting OF editors would be-
closed by remarKng that Mr.. wilkes had lived and
been brought up in New York, and what he was
and how he lived could be readily shown III this
city.
Mr.. Mccarthy, for defendants attempted to read
an article from the Wilkes paper TO show that they
had been libelled more than Mr.. Wilkes was, but the
Court would not allow OF It, as not being material to
the case.
Judge Cardozo said that there was nothing more
difficult TO decide than motions for adjournment In
criminal cases. II had always been his practice to
allow the defence to prepare fully; but he must say
every stage OF the proceeding. lie would, however,
adjourn the trial to the third Monday III July, as
fhafW ms he turn IF fha
commission from California.
II was also agreed between counsel to send a COM
mission TO europe TO lake The testimony OF Mr.. Has
kins as it was not known WREN lie would return
Reporters.
Charles Link colored), John Reilly, Andrew Morris
and Edward MARITIME were brought up on charges Of
violating the Election law They having no counsel
Mr.. Spencer was assigned to the colored individual
and Mr.. Howe TO the others. Charles Clark, Pat.
Hogan, Fred. Rogers and Martin Ryan, bailed re-
peaters, were called, but not appearing were
ordered to be rearrested and their bail forfeited
The PhGniX Rubber Company Litigation.
John H. CheeUer Us. Thomas AcEerndn ana
OHters-This an action brought by the PLAINTIFF,
as stakeholder OF the Phoenix Rubber Company,
against the other stockholders and directors of the
company 10 recover from them his share OF the as
sets of the company amounting to a very large sum.
The case came up yesterday motion for q re-
ceiver and an Injunction. The Court, IN a lengthy
opinion reviewing all the main points of the case,
Curtis for the motion: wynn H. Eyarts and Mr. Buck
ley opposed.
Decisions.
BY Judge Ingraham.
Df3ndreSt U.s. DenldTeSt-Complant dismissed.
Lang et al. az Donaltue.-Moton granted on the
usual stipulation.
harrington u.s. McG1pn-Motion denied.
BY Judge Barnard.
HOrey Ell al. rs. Fdher Ell dt.-Motlon granted.
BY Judge Cardozo.
,SiJ1ineJ.s as. Flber u di.-BOth motions denied
Costs 10 abide event.
Morse Ds Kui1ter.-MotiOn denied. without costs.
MINI NrI5 Inn MI plrr nhu forc
Cteerer and Others as. Ache7ntan-Motion
granted.