The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-08
Tine SOUTH FIFTH AVENUE IMPROVEMENTS
Another Mandamus Against the Comptrol.
ler-Action to Compel Payment Of
the Balance Due for the Work
Decision Reserved.
BusINEss IN THE OTHER COURTS.
Summariss--A Bankruptcy Subtitle Fowler
Win Casa-Notice to the ar-Decisions-
Business in the General SEES
Eons Parts and 3.

A bankruptcy suit has been tried In the United
aea4es D1striCt Court, before Judge Blatchford in
which the plainIi1s sought to have the de-
Sen1aAt declared . bankrupt. It appeared that
the latter, IN order to enable him to at up place
Of business in the Third avenue, borrowed So, 500
nom his sister, giving her . mortgage for the
amount upon the fixtures, &C., while he transacted
the business In his own name. This, the plaintifs
claimed Was under the law an act Of bankruptcy.
The defence was that while the property In ques-
ton wss under Ills control it was, in fact, owned
BY his sister. The Court and jury so decided and
the case was dismissed.
Rosenzweig, the abortionist convicted in Octo-
her. 1e71. for the homicide of the victim OF the
'Trunk Tragedy which created such intense
horror In the public mtnd at the time was brought
into the Court Of General Sessions yesterday by
decision OF the General Term, which ordered
new trial In the case. His counsel interposes
special plea, to the eject that, In consequence of
the repeal Of the statute under which he was pre-
Ytously tried he cannot be now tried under the
new statute. The motion to discharge the pris-
oner seemed to take the District Attorney by sur
prise, and the hearing OF the case was adjourned
over till Thursday next
John Moorehead alias Murphy, was held yester-
day, In default Of $4,000 bail, by Commissioner
Belts, on charge OF being concerned as q dealer
to considerable extent in counterfeit money The
examination is set down for the 18th instant. The
Secret Service oficers are, as they say, "working
np the case"
The hearing Of the case Of George w. Bowen va.
Nelson Chase was resumed yesterday In the United
States Gin cult Court before Judge Shipman and the
Ipecial jury The rebutting testimony for the
plaintir has not yet been concluded. The trial will
% resumed on Monday morning. and may possibly
pe brought to termination late In the ensuing
week.
IN the United States District Court yesterday
Judge Blatchford rendered decision in the mat
ter Of Frank r. Newland, q bankrupt. to the effect
that policy OF insurance. a. q security, is not
within the language of section nineteen Of the
personal property.
There is rule OF the United States District
Court In Bankruptcy that no papers shall be re.
ceived by the Clerk or presented to the Court un.
loss they are endorsed by counsellor or attorney
at-lav who has signed the roll and been admitted
to practice In that Court 1t Ia well to call the at
tenton OF the Bar 70 this matter, as 1t seems the
rule has been nlringed by some legal gentlemen
who are only entitled to plead In the State Court.
The United States District Court will In future en-
force the rule above mentioned.
Some few days ago, when Mr.. Stephen n. Knapp,
superintendent OF the Mail Department In the
=
Treasury had been directed to investigate his
accounts with the view OF ascertaining II there
was any deficiency In them, he voluntarily went
before Commissioner Osborn and gave bonds to ap-
pear for examination. Mr. Knapp earnestly dis
claimed all criminal knowledge III relation to such
alleged deficiency. lie states his readiness to ap-
bear at any time II the result of the government
Inquiry should justify criminal proceedings being
taken against HIM.
In regard to the Foley Palmer injunction. Judge
Barrett stated yesterday to the atter's counsel
that In his recent order, published in yesterdays
HERALD, in regard to the case, he only intended
to hurry up counsel into submission OF forms Of
modification Of the Injunction according to their
respective views OF his previous decision. He
added that II the counsel failed to hand In their
papers by next Monday he should make final
settlement of the order on that day.
The Supreme Court, General Term. yesterday
ordered that new trial be granted in the Hogan
will case. The parties to this action, 1t will be re-
memoered, are Mrs. Sarah Hatch and Mrs Clara M
Pengrut the VIII of Mrs. DR.. Hogan, their mother
being made in favor OF the latter At tho late trial
the verdict was In favor OF Mrs. Hatch from which
an appeal was taken, and, a. will be seen, with
favorable result, as far at least az obtaining
uew trial.
Application was msde yesterday before judge
Davis, at Supreme Court, Chambers, for q per-
emptory writ OF mandamus against the Comptrol-
Ter to enforce payment OF balance claimed to be
Que on the contract for paving South Fifth ave.
nue. and New Church street. After he airing the
argument the Court took the papers, reserving its
decision,