The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-01
A Man Who Claims to Have Been Elected
Comptroller at the Last Electi0n-He
Asserts His Legal Rights and In-
vOkes the Protection Of the Court.
BUSINESS IN the OTHER COURTS.
notwithstanding In of a New United
States District Attorney-Personnel Of the
OAice-Assignment Of Supreme Court
r. Judges for ls7S-Decisions.

In the Stokes trial yesterday new witness ap
pearcd on the scene. and, as his testimony proved,
most important one for the interests Of the de-
fence. He swore, In substance, that he was pass
ing the main entrance TO the hotel an instant pre-
ceding the tragedy and fastened, with others, to
the private staircase. He succeeded In getting to
the landing, half way up the stairs, and observed
lady who was in advance OF him pick up something
white and shining, which she subsequently held
above her head and which be then distinctly saw
was small silver-mounted pistol, with ivory butt
and elaborate in finish The description he gave of
the weapon conceded exactly with that given by
the parl0r man, De Corley. The lady assembled the
stairs rapidly and disappeared on reaching the
top. Mr. Fullerton for the prosecution, subjected
the witness to a rigid and exhaustive cross-exam-
nation but failed to impeach his testimony In any
one essential particular Mrs. Williams, the cousin
Rf Josie Mansfield, also gave some important ties.
timoDy regarding the frequently uttered threats
Of Fisk against the prisoner in the abode OF
Mrs. Mansfield, under peculiar circumstances.
Jennie Turner, a domestic in the Morse family,
WAS also called, but, owing to the lateness Of the
hour, did not 60 upon the stand She will be ex-
amined on Thursday morning, to which day the
case is adjourned.
Oliver S. Dawson has been arrested by Deputy
Marshal Kehoe, on q charge Of having put his name
bonding OF a canal boat. Dawson has been CON-
United by Commissioner Osborn, In default Of bail,
for examination.
Yesterday James Hughes was charged, before
Commissioner Shields, with having stolen guam
tty OF mail bags from the Post once. The accused
waived an examination, and was discharged on
his own recognizance by consent Of the District
Attorney. 1t is probable that Hughes will be used
~ witness against several parties who have been
held for similar offence.
Judge Leonard, OF the Supreme Court, yesterday
rendered his decision upon the recent application
on behalf OF the Commissioners OF Docks for q writ
Of mandamus against the Comptroller, compelling
him to pay over to them $500, 900, the residue Of
proceeds from the sale OF dock bonds still In his
possession. He decides that the case was not
technically before the Court, and therefore denies
the application, but with privilege to renew the
same without prejudice. The probability is that
the opening OF the new year will witness renewal
Of this legal warfare, and that the Dock Commits
noners this time will strive to get their case
regularly before the Court and thus prevent
another defeat on mere technical ground. An
abstract Of Judge Leonard's opinion In the case
viii be found in our law columns.
There seems bare possibility OF the members OF
the Board OF Audit being punished for disobeying
peremptory writ Of mandamus granted by Judge
tDgraham, or the supreme Court directing them
TO audit and allow the salary OF John T. Baker, one
OF the clerks In the Finance Department, under
ex-Comptroller Connolly. They have till the sth
instant to comply with the mandamus or else have
IN attachment issue against them In which case,
unless furnishing bail, there will be no other alter
native than being lodged in jail. Judge Leonard,
Of the Supreme Court, gave yesterday decision to
this erect The points OF his opinion embodying
this decision will be found else where
The girl Lizzie Dugan, aged fifteen, concerning
whose custody there has been a protracted legal
controversy in the Courts between her mother,
Mrs. Emma J. Dugan and Mrs. Jennie A. Rittner,
was yesterday, by order Of Judge Leonard, OF the
Supreme Court, assigned to the care OF Mrs. Sarah
Chamberlain, sister OF the first wife OF Mr..
Dugan, to whom she was indentured till she Is
eighteen. This ends this part OF the controversy.
The civil suit growing out OF the alleged assault
by Mr.. Dugan on Mr.. Rittner, from the effects OF
which the latter Is said to be paralytic and his re.
covery doubtful, s still pending.