The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-27
SUPREME coURT-cnAMBERs.
A Police Justice Charged with Malicious
Prosecution.

At the last election William Horton, q col0red
man. was appointed by United States Commits.
sioner Davenport deputy marshal. According to
the statement OF his counsel in this Court yester-
day, Horton In the discharge of his duties
arrested Justice Cox. Subsequently Justice Cox
in the discharge Of his duties committed Horton
and yesterday an application was made for his
discharge. The counsel stated that the commit
ments under which Horton is held are: first, for
April %, 1873. on which Justice Cox endorses
direction to keep him for his full term; and
tice Cox as an escaped convict. The certio.
rari to the original complaint sets out
charge by police ofhcer Of infoxication and gross
and Insulting language ''in said C0urtn His coun-
sci claimed for him that this return was wholly
insufficient. It merely showed he alleged. a
nection with the large bail and the peculiar en-.
dorsement on the commitment, peculiar exhi-
bition Of spite on the part OF Justice Cox AS for
the second commitment, the prisoner was not
convict unless he had committed some crime other
than the former offence and no such thing did or
for contempt, and therefore there was no term for
which he could be held and no right of the Court
to act on his own knowledge without proof
Assistant District Attorney Allen maintained
that the commitment was regular in form
and sufficient, and that the presumption was that
the proof sustained the charge made. II the first
Judge Daniels took the papers, reserving his de-.
cision.
A Rather Complicated Divorce Suit.
In 1857 Levi A. Lincoln and Abby Lincoln were
married in Providence R. L, and till 1884 lived
together as man and wife. In the latter year, as
alleged. Mr.. Lincoln, who was then keeping the
Tontine Hotel, formed the acquaintance OF Marga-
ret Leary, and, abandoning his wife for her. lived
EitA the latter a. bid vile. subsequently he
Brought pf6ceedfngs In the Superior Court to
Annnl his marriage with Abby Lincoln on the
ground that M,,s she had bee been previously mar
The case was sent to referee, who
reported In favor OF annulling the marriage and on
this report decree Of divorce was granted in his
Mcneil to set aside the decree on the ground that
when Mrs. Lincoln was married to Mr.. Reed he had
the fact she left him. The case was ordered to be
retired and an order made directing payment Of
$40 altmOny week and $500 counsel fees. The
to vacate the order. 1t was alleged that Mr.. Lin
coin had lost his property and was now earning
only SIS week.. After hearing the argument or
opposing counsel, Mr.. v. Wright Kingsly for Mrs.
Lincoln and Messrs. Post and Poor for Mr. Lincoln,
the Court modified the order so that he pays IS
week alimony, with leave to renew the motion to
decrease the same.
Police Magistrates Must Not Act Upon
Too General Evidence.
Before Judge Davis.
In the case of Elias Levy, committed to the Peni-
Tertiary for vagrancy, and In whose behalf Mr..
William F. Howe sued out writs OF habeas corpus
and certiorari, Judge Davis &endered q decision
yesterday releasing the prisoner. Mr.. Howes
points were that the Police Justice who sentenced
Levy accepted testimony to the effect that the
prisoner was notorious gambler and an idle,
absolute person, having no visible means OF sup
port, and that the evidence was too general with
out mentioning any specific acts; and in an elabo-
she pots TO
and accordingly Levy was released. 80.