The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-07
A LIFE INSURANCE CASE.
Powers of a General Agent Important Ju
dicial Ruling Verdict Against
the Company.
svotxtss TN THE OTHER COURTS.
Summaries Against Railway Com
pany-A Contested Will Case-A Dishonest
Jewelry Clerk Convicted in the Gem
eral Sessions-Other Convictions,
Acquittals, &c-Decisions.

Mr.. A. II. Purdy and Mr.. Denike, United States
Assistant District Attorneys, getting up large
criminal calendar, and they expect that number
OF cases which have been accommodating for years
will be soon cleared Off. In all cases where they
are satisfied that the evidence in their possession
would not lead to conviction before a jury they
will cause mol. pros to be entered. According to
new law OF Congress, criminal term will be held
zach alternate month"; and in this district Judge
Benedict is to preside at such term.
A rumor prevails in legal circles that Mr.. Tremain
and the counsel associated with him intend to make
m application for 'struckn special jury in the
trial or the civil suits against William M. Tweed
1t appears there can at present be no 'struck"
Jury In criminal prosecution. The application
must be made to the Supreme or Superior Courts
Of this city or to the Superior Court OF Buffalo, It
b not certain that the Court OF Common Pleas has
the power to make such an order. Possibly special
legislation may be resorted to so as to enable the
prosecution in the criminal case to have the benefit
Of ''struck" jury.
The hearing Of the case OF George W. Bowen vs.
nelson chase was resumed yesterday in the United
States Circuit Court before Judge Shipman and
che special jury. The whole OF the day was occu.
pied with the giving OF testimony In rebuttal on
che part OF the plaintiff. Among the witnesses ex.
amined was G. W. Bowen, the plaintiff. He was
recalled for the purpose OF stating under what cir
nesses, who had testified in his behalf at the last
out and is now conceded to be, a tissue of false.
hoods. The trial will be resumed to-day.
In the United States District Court yesterday
before Judge Blatchford and jury, in the case Of
John J. Hinchman and others VS.. Simon Gruhn
which was an action to declare the defendant a
bankrupt the jury, by direction Of the Court found
averdet declaring that the debtor had committed
the first act OF bankruptcy alleged in the petition.
Yesterday Fanny Henderson, cook in the en-
pleyment OF Margaret Hunt, boarding house
Keeper, 40 East Thirteh street, charged the latter
before Commissioner Shields with giving her in
payment representation OF five dollar bill, which
contains some kind OF advertisement, and refusing
TO take 1t back. The matter was placed in the
hands OF the secret service to find out where this
peculiar kind OF five dollar bill comes from.
The pseudo Lord" Gordon who, about year
ago, monopoiZed so much attention in the Courts
has at length, the legal phrase is, been put out
Of Court His suit against Jay Gould to recover
some half q million dollars, which he claimed the
latter had belonging to him, called on for trial
yesterday before Judge Van Brunt. holding Supreme
Court Circuit. As no one answered on behalf of
Gordon Gordon, the Court ordered a dismissal of
the complaint.
In the FoleyPalmer injunction case Judge Bar.
rett, OF the Supreme Court, yesterday executed a
sharp nank movement on the counsel. They should |
have handed in, 1t seems, forms OF order modifying
the injunction, in accordance with his recent de-
cision, but failed to do AS only one did So he
endorsed the paper with the statement that lie |
should dismiss the matter from further considera-
ton until the counsel handed in their proposed |
forms of order. speedy settlement OF the order |
ID likely now to follow.
rather curious suit was tried yesterday before |
Judge Barrett and jury against life insurance
company. The defence was Of that technical char |
acter that the Judge had rule against it, and the
result was an award for the plaintiff.
In the Marine Court yesterday an action was
tried in which the plain Tits sued the Erie Railroad
company for the value OF the contents OF q trunk
winch ne had expressed to the depot of the com.
pany, but which had never been checked for its
intended destination. 1t was duly delivered at
the depot by Dodd's Express, but not to any at.
tache OF the company, and as 1t had not been so
delivered and checked the re latonshp OF passen-
ger and carrier was not established and the Court
on this showing non-suited the plaintiffs