The New York herald., 1872-09-21
SUPREME COuaT-CAAM3Ess.
Singular Charge and What the Judge
Thought Of 1t.

Before Judge Leonard.
Charles Grant was recently convicted In the
Court OF General Sessions OF grand larceny and SEN
fenced for i've years in the State Prison. Applica-
tiOn made In this Court yesterday for writ of
error and stay Of proceedings. Mr.. Edmond Price,
making the application, stated that the Judge de-
hvercd supplemental charge to a portion OF the
jury, the other jurors being absent. and on this
ground he made the application.
''Such an allegaton,'' SAID Judge Leonard, DAT
tacks directly the mode OF administering justice in
the Court OF General Sessions. cannot believe
that such loOseness prevails in that Court. cannot
entertain the application without formal bill Of
exceptions
IL have been unable" replied Mr.. Price, "to pre-
pare bill OF exceptions, not having had time yet
to get copy OF the stenographer's minutes"
'rhe whole thing must lie discretionary with the
Court" observed Assistant District Attorney Sui
livan.
right" said Judge Leonard in giving his ilnal de-
cision, "but deny any stay OF proceedings"
And thus ended the matter in the Court. Mr..
Price said ne would prepare bill OF exceptions
and show the whole thing up.
The Oyer and Termincr Marshals.
AS previously stated In theiHERALD, there are
over ninety-one claimants for pay from the city
treasury for alleged services as marshals at the
Court Of Oyer and Terminer, said appointments
having been made by the Sheriff. Some time since
the case of Thomas Smith was brought forward as
test case, the Comptroller having refused so pay
tneH, anu Judge Barrett IL Will De remembered,
granted peremptory mandamus directing the
Board OF Audit and Apportionment to allow and
audit the bill Mr.. Smith got his money, but
settling the question OF the payment OF the Others
Application was made yesterday by Mr.. Charles w.
Brooke for u similar mandamuy on behalf of Law
renee A. Curry In the course of his remarks he
stated that the course taken by the Comptroller
compelled Pc sIaras application m IN al n the g,
ment was the same as in the Smith case-that Is to
say, urging the legal appointment OF Curry his per-
Anff latn tn1 hnt
entitled to his pay Mr. Dean, In responding on be-
half of the city, urged new point-that the ap-
iroller; that their appointment by the Sheriff was
Illegal and consequently that they hat no legal
claim to pay. The Court took the papers, reserving
its decision.
The Tide Of Mandamuses.
Applications for mandamuses against the Board
OF Audit still continue to now in Mr. Robert II.
Johnston, clerK of the Special Sessions seeks
through Mr.. Charles w. Brooke, his COUNSEL to get
O balance claimed to be due him on his salary from
June, 1871, up to the present time. His salary was
fixed at $4,000, and the Board OF Audit, on the 1st
OF May, 1871, reduced 1t to $4 500, and have only
paid at this rate since. An affidavit OF Comptroller
Green, read by Mr. Dean set forth this reduction OF
ment or salaries in the Special Sessions for the last
year. Mr.. Brooke insisted that the salary of Mr..
s was xed TX ~ tue the same
| Board of Audit had no right to reduce it. After
hearing the arguments the Court took the papers.
The Vielc Abduction Case.
The application to strike out portion OF the
order relative to the custody Of the childre9 was
granted yesterday by default, no one appearing tt
(! oppose. 1t was ordered by the Court that twenty
| hours notice Of the settlement of the order bt
given the other side. The settlement Of the 0rde
| was set down for next Thursday.
| Decisions.
| Prothnol vs.. Stinatt ct al.-Defaut opened ant
order Of reference vacated upon payment within
ten days of the trial fee OF $780, the referees fees
sos, the disbursements Of entering Judgment OF $40
costs Of opposing motion, and upon condition Of
the defendants procuring substitution Of attorney
within thirty days or such additional time as the
| Court may grant.
The stephens and Condit Transportation Com
| pany John 7. Agnew ct al.-M0tl0n to continue
| Injunction denied and temporary Injunction dis
| solved with $40 COSTS
| Thomas Holloway Vs. Benjamin r. Stephens MO.
| tiOn granted.