New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-28

ody BY applying TO The body of the IN ths
sepns s tho coSs
raon Of tho internal affairs OF corporations until ever
that could be had BY application to the dsscaSI1
and even then must appear that the action OF tns
TSs nS, IN III Of S by
stochhoders The plaintiff nowhere AYERS that ne "a,
" ns o ss e..
sumes to be due Ia not enough lie must, before sppy
and H.
count from the directors he questions It's correctness
after going over the whole ground there fund from
which dividend can be paid he must submit the qes
has not DONE attempted to do and he u.s. therefore,
After argument on both sides, the Court took the
papers and reserved decision.
| AN EDITOR SUES IN VAIN FOR WEEKS SALARY.
In Charles H. Farrells suit against The Ne,c-
York Free Press Association, to $50, for one
week's services as editor. Justice Quinn has
rendered decision against Farrell. In his opinion,
the Justice says. this Ia an action TO recover
editor Of rhs Ssr@Yora ESeninS Free Press, by
IncOmpetcncy. Third: Disobedence The defendants
question Of employ The precise date Of the last in
terview In Judge Ledwths Office, with reference TO
hiring Farrell IL not given can ascertain, except
from the statement OF defendants council, when the
employment of the plaintiff commenced This is a little
embarrassing, OF the most important questions 70
DO decided this case whether under the statute of
Sns the %rms sa$ r
that contract not wholly 10 DO completed and executed
the he opinion S
| Of the Court Of Common Pleas, says: $780,.
Of 5000 per year The agreement by paro and was
for years service from August 1851 to August 1903
until the 18th Of October 1885, when no discharged
by them 1t appears from the respondents statement
Of August, 1857 but that it continue from Au
gust 1851 to August 1883 and IL follows tnSs IL was al
within year from the making thereof aud Is void
by tho defendants with the plaintiff in this to be
performed and completed within year, In other words
uia 1ns tbe ay asr the making OF the
contract It was one which by s terms could not be com
therefore void In tie absence OF any evidence the
point liking the time when the employment commenced,
shall hold that 1t commenced Immediately. .
PENDANTS counsel did claim the trial that the
CAPACITY 9nd 81 as BY
own negligence and ndscreet ne % MN
this city called by plaintiff to show that he was at
all times able attend to his duties managing editor
but they were not connected with this paper ana Only
saw him occasionally. They oil testified to the paintln
fed on account this misconduct in diseharging him
II they were, he cannot recover think they were Inc
their interests OF their first duties and although
editor having almost the entire management OF the
their wishes and comply with their proper and reasona-
bic requests do not know OF different rule to con-
ally and no one think doubt the right of mer-
chant banking house or any other employer TO ds
hours, guilty OF refusing TO comply with reasonable
request connected with his business The conduct OF the
plaintiff had to say the least strong tendency to nre
the defendants business and regret exceedingly that
sitting here both as Judge and Jury to decide Se %pon se
cannot arrive at any other conclusion than that the de-
PENDANTS justified In discharging the plaintiff ana
re therefore entitled to Judgment. with costs.
AN ILLEGAL VOTER sENTENCED-THE PLEA OF
INSANITY AGAIN.
I'm The u s. Eastern District Court yester-
day, before Judge Benedict. william Donohue, who
pleaded guilty to Illegal voting at the late election was
sentenced to three months Imprisonment The prisoner
violated in voting at the wrong place. the pen
atty for which oense ia fine OF 500 or less and imprs-
onment not exceeding three years EIJudge Moore ad-
tence Donohue had lived here about rs years. was en-
titled to vote somewhere and had never done
believed to be person of weak mind though not a9so-
liquor and, under its influence, became the fanced pos
SCISSOR OF wealth. and subject to other similar Illusions
employment and engaged when all. in the humblest
pursuits The counsel submitted the statements OF Dr.
DR. sheppard S ply sioan to the County Jail who
in the estimate given OF Donohues mental aDi-
DistrictAttorney Morris addressed the Court stating
that he did not think the prisoner capable OF ff
would employ any one In his condition 10 commit
an offense OF that kind.
Benedict stated that in reference to the sugges
ton Of the prisoners insanity made now he believed Tor
the fourth fifth time In various cases before MIN Within
year two IL counsel would defend this man accord
ing ~ the rule applicable To such cases. they must MAKE
the application. He sentenced no insane man knowing
IT, but threw the responsibility upon the counsel He
should sentence him "A sane man.
ExJudge Moore said that the prisoner was OF weak,
almost imbecie mind but not perhaps sufficient c0nnne
him In Innatc asylum He hardly felt justified in pre-
senting a plea Of insanity before the Court.
Reupdct Addressed the prisoner HIS Oncnsp,
charged was recited to him lie believed that the prs
oner was fully OF the extent OF his crime In
view OF all the circumstances, and In the hope tha ne
woud endeayor 10 earn an honest livelihood and here
after the law required the Judge sentenced him
To three months Imprisonment.
Thomas Jackson tcolored also convicted OF having
voted Illegally In the Sixth District OF the Ninth ward
where he not resident. Sentence was deferred