The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-02
THE CASE OF STOKES.
A Writ OF CertiOrari Granted by Judge
Brady-FiIing Of the Judgment and
Other Documents Prepa-
ratiOns for the Appeal.
BUSINESS IN THE OTHER COURTS.

The three additional jurymen required for the
trial OF Michael Nixon, for the alleged murder OF
Charles NJ Phyfer, in Chatham square, In January
last were obtained yesterday morning In the court OF
Oyer and Terminer. After this the case was opened
by the prosecution, and the examination OF wit
ness followed. The trial will be resumed this morn
ing. and 1t is thought all the remaining testimony
will be given to-day. Meantime Judge Brady
ordered the jury to be kept together till the close
Of the trial.
writ OF certtorarS in the case OF Edward s.
Stokes granted yesterday by Judge Brady,
in the Court of Oyer and Terminer. The object OF
she writ is to allow all matters outside the judg-
ment record IN regard to which the counsel
OF Stokes claim the latter should be amended
TO be carried before the Court OF Appeals. The
judgment In the case and, by the way, the largest
ever filed in the Supreme Court in this district,
was filed yesterday in the County Clerks office.
Various other documents were also filed at the
same time
The Court of Appeals is getting through its
heavy calendar with the most commendabe alac-
rlty They yesterday presented large batch OF
decisions, and expect to follow this with second
list in few days. 1t is thought they Will be able
to finish their session here next week.
In the United States District Court yesterday, in
the case OF Cyrus whitney and Timothy w. Skin
Judge Blatchford rendered his decision. The libel
had been filed to recover damages for q collision,
and the Judge decided that II must dismissed,
with COSTS
Yesterday the trial OF the case OF Simon Donan
and Christopher Flood, who are indicted for having
conspired to defraud the government out OF the
tax on 5000 gallons of distilled spirits manufac-
tured at the Spring Valley Distillery, Rockand
county, was resumed in the United states Circuit
Court before Judge Benedict and jury. The case
Is still on, and will be resumed tomorrow morning.
Yesterday Oscar F. Wainwright was brought
before Commissioner Shields a charge of having
given straw bail in case in which the government
officials are at present making a thorough
examination. 1t Is charged that the accused
for the purpose of qualifying as ball.
swOrc he owned house in Broome street, which
house. upon investigation, turned out to be the
property for the last fifty years Of member OF
Of our old Knickerbocker families. The defendant
was committed In default OF $4,000 bail.
Yesterday man named Otto HAIRS, who claims
to have invented a process OF photography which
will do away with engraving, brought before
Commissioner Shields on charge OF having in his
possession plate for the printing of ten cent
rency stamps The accused states that he had no
Intention whatever of going into the counterfeit
business, but that. soon as he produced the plate
In question he showed 1t to the National Bank Note
Company as a specimen OF what he could do in the
art which ne claims to have newly discovered. Mr.
HAIRS was admitted to bail in the sum OF $1,000
The government officials are satisfied that he has
acted honestly In the transaction.
Hiram r. Cooper and Frederick E. T. Randolph
were yesterday fined $3.50 each in the United States
Circuit Court by Judge Blatchford for not having
attended when summoned to appear as jurors.
The distlery of James Higgins, 412 East Twenty
fifth street, which had been seized some time ago,
was condemned Dy default yesterday In the United
States District Court.
Judge Benedict win not sit to-day in the United
States Circuit Court for this district matters in the
Eastern district demanding his presence there.
Tomorrow he resumes his duties In this district.