The New York herald., 1873-10-01
important Decision from the Court Of Ap-
ptals Interesting to Criminal Lawyers.
BUSINESS IN THE OTHER COURTS.
Close OF the September Term Of the Court
OF oyer and Tcrminer-Judge Brady
on Embezzling Clerks Disposal
OF Three Homicide Cases
Phonographcrs' Fees =
General Sessions Cases.

IN the United States Circuit Court yesterday,
petltion was placed file by the National Bank OF
she Commonwea OF this city, against the Comp
troler of the Currency and Mr. Isaac Il. BAILEY,
who claims to act in the capacity OF receiver oy
right of an appointment by the Comptroller The
petition asks that Mir. Bailey be forthwith pre-
vented from taking any further proceedings In the
recciyership, and alleges that the Comptroller took
those proceedings IN pursuance 0i untrue notice
to the eject that the bank declined or reused TO
redeem its SIS circulating notes. when, Is claimed
by the bank, they never made any such refusal.
The petition calls for a citation requesting the
Comptroller to show cause why he should not be
restrained from urther proceedings in the matter; /;
and this citation Is made rcturnable on the Tth
inst.
Yesterday the list OF supervisors of election for
the sixth Congressional district was forwarded to
Judge BENEDICT for his signature. In all proba
billty the supervisors will be sworn In to-day.
In the United States Commissioners Court yes
terday, Edward Walker. who had been charged
with having been engaged In the business OF conn
terfeiting, ut fremont. Westchester county, was
held 20 await the action OF the Grand Jury.
Abraham Morris aud simon Sxlareck were yes
terday brought before Commissioner Shields and
charged with having committed fraudulent acts Of
bankruptcy by conccang from their assignee Mr.
John Todd, and omitting from their schedules
property and effects belonging to their creditors,
and by attempting to account for this property by
statements OF fictitious losses and expenses
These are the allegations contained in the COM
plant which has been lodged against the de-
PENDANTS, who have given bail In the sum OF $1,000
each TO answer tho charge.
respectable looking man. named NJ. T. Baily
was charged yesterday, before Commissioner
Shields, with having passed counterfeit 800 bill
saf tlra Innf Ma Ran nj tbe itv nj
Yorf upon Isaac Hirschberg, No. 1O2x Broadway.
The defendant, 1t appears went into Hirschberg's
store and purchased a silt OF clotnes In payment
Tor which he offered the bill in question. Hc was
thercupon informed that 1t WAS bad, and was
arrested by the officers. Several merchants were
present in the court room, and many OF them
stated that they knew the defendant as respecta-
BILE, honest man, and that this matter must en-
tirely have been the result OF mistake on his part
as to the genuIncncss Of the bill. Defendant was
held in $1,000 bail for examination. He gave bail
to that amount.
Several important matters Including three
homicide cases, were disposed OF yesterday by
Judge Brady In the Court Of Oyer aud Tcrminer.
The Court then adjourned till next Monday, the
beginning OF the October torn. Meantime. the
District Attorney announced that the only murder
cases now awaiting trial those OF Stokes Scan
nell. King. Simmons, Broderick and McDermott In
only two Of these cases did the homicide occur
Within the present year. Stokes third trial has
been definitely set down for next Monday The
case Of McDermctt was postponed yesterday be.
his counsel was not ready and for the reason
that, the defence being insanity, the trial was
likely to be long one and would interfere with
tho Stokes trial.
All day yesterday was consumed In Supreme
Court Chambers. before Judge Fancher, in the con.
tinuation OF the argument to set aside the decree
of Judge Cdrd0z0 in the Adams Express Company
litigation. The argument is TO be resumed at three
O'Clock this afternoon and will then doubtless be
finished