The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-16

A""crsoA 10 nahI-AAo xTAsoAoHs
Stories.
Before Judge Happen.
An application was made by ex-Judge Morris yes
terday to have admitted to bail DR.. Lucius b. Irish
and Mrs. Sarah A. Anderson, who have been in
dicted by the Grand Jury and are now awaiting
trial on the charge Of having poisoned Edward d.
Anderson, the husband Of Mrs. Anderson. The CIR
cumstanoes Of the case have been published In the
HERALD.
Mr. Morris was opposed yesterday by District At
torney BrittOn and was about to open his argu-
ment when Judge Happen Interrupted him. The
that he could not hear the case that day.
The counsel then agreed that the application
should be heard some other day, before any judge
who might be found Oh the bench.
Mrs. Anderson has made an AFFIDAVIT upon which
her application Is based, In which she says she was
married TO Anderson In December, 1850, and that
they lived kindly together In relation to her &C
quaintance with DR.. Irish and the charge preferred
against them, Mrs. Anderson ays:-"In 1869 We
became acquainted with DR.. Irish and wife; from
that time to his death my husband and tho Doctor
were intimate friends, and Mrs. Irish and became
others families frequently and were very much to-
getner. we went riding together. Sometimes the
Doc5or would take me, as my health was bad and
edge and appreciation of Mrs. Irish and my husband
sometimes at the solicitation OF both. l went with
the Doctor the same as | would with my own
brother, with no more thought of wrong; and | de-
clare before my God that any insinuation to the
contrary Is utterly groundess. My health is such
unjust imprisonment. / have always worked hard
ut my trade (dressmaking) and contributed largely
toward supporting the house, and at the time or
my husbands death was paying ne-haf OF the rent
and other expenses / was carrying on the same
business at the time OF my arrest and had Others in
my employ. My husband left me no means except
Anew dollars, and am solely dependent upon my
labor: During his lifetime always acted the part
OF a faithful Wife, and worked hard with view Of
getting little home for ourselves. During the
Saturday, sunday and Monday previous to his
death he vomited violently, and l urged him to
him after he was brought home MOnday night, by
doctor, to the time of his death, has been correctly
detailed in the Doctors statement so far as know.
AS to the cause OF his death am ignorant as an
unborn Child. AS God Is my judge ! never
had an evil thought toward him, nor did do
him an injury OF any kind whatever. l loved my
husband and most deeply mourn his loss, and now
to be falsely accused OF having caused his death is
cruel in the extreme In view OF the near eternity
most soemnly declare that am entirely inno-
cent. Long before was arrested had heard that
1t had been insinuated that had poisoned my hus-
band, and that DR.. D0remus was investigating the
NATTER but Knowing my innocence, nothing would
induce me to avoid meeting the charge. was
anxious to have my case tried Immediately, and so
expressed myself to my counsel. would willingly
go TO trial this moment, because, conscious OF my
own innocence, feel sure no jury would hesitate
moment in yndicailng me nom this cruel and false
charge"
DR.. Irish has also made lengthy a1ldavit, which
he concludes as follows :--'l am regular practiS-
ing physician in good standing, and carry ON the
for fifteen years. have wife ana children. and
all interests are In this city. knew long before
l was arrested that DIR. D0remus was making the
examination as TO the cause OF the death OF Mr.
Anderson. AS diagnosed the case 1t was acute
gastrtis: that was my certificate and l say now
that Was the cause OF his DEATH and, II IL was
caused by poison, most soemnly declare that l
know no more how 1t got into his stomach than a
child. am as innocent OF this charge as the per-
sons who make IT."
The prisoner was rcmanded TO the County JAIL
The Assessment Litigation Ended.
The contested street pavement assessment cases
have finally ended The last Legislature passed an
act providing that property owners on the streets
near where the patent pavements were laid should
pay one-third and the city the other twothlrds of
the assessments.
Yesterday the counsel adjusted their costs and
the Court granted orders directing the payment of
the sums awarded In accordance WITH the act.
There were fifteen orders entered and the total
amount OF costs and allowances were distributed
as follows :-Evarts, Southmayd Il Choate, 81, 600;
William O. De witt, $4,045 Britton. Ely Sidel,
s1,4o0; Hammond P0meroys $1,000.
The order OF the Court directs that the amount
from the proceeds OF money collected, as provided
by tho act, the orders TO be full and sufficient
warrant for such payment.
Decisions.
BY Judge Barnard
MachiIn vs. Machlln.-Motion denied; no costs.
II. A. Marchier vs.. w. $. Weston ct al.-Moton for
Judgment denied; no costs.
n. McGodrick vs.. George Willets.-Judgment for
defendant.
Bv Judge Pratt.
Haggerty vs. Brooklyn City and New York Rail-
road C0mpany.-Motion for stay pending appeal
William X. Thorne vs.. william Wright.-Motion to
open default denied $40 costs.
W. s. Miller VS.. Ernest acknowledgement for de-
PENDANT, Diminishing complaint on peadings aud
Twenty.three westneld Cascs.-Motion for
change OF venue denied.
Bachelor vs.. INSTRUMENTATION granted; 800