New-York tribune., 1874-10-27

sush pSwepts, carried 70 ~ loRfeNf c0ncfus1ou
SIsv :. LONG = tss slayer svosS Himself % be soiey
The opinion goes on at great length 10 assert that the
commifmento OF Mr. shaRks until he should answer me
Question was legal and proper. and precisely as tse
proyaons OF law in civil cases reiative to compelling
ne attendsnce and testimony Of witnesses their exam
proeeedes as for contempt 10 enfore the remedies
and protect the rights Of parties shall extend TO ras
may be In their applicable thsreo subject 70 the
provisions contained in any statute.
answer the question asked The misconduct com
psined OF clearly consisted In the MISSION TO perform
sone aet or duty which u was yet In his power TO per
or aud the commitment was required TO be anil he
shall have performed such act or duty" The error
winch the learned Judge commtted In diseharging Mr.
shanss from applying inappcabe in regard
10 contempt to this case. aud In overlooking the fact
that our statute governs trials and other proceedings
npon indictments" by these provisions which relate 10
proceedings as for oontempts 20 enforce the remedies
there no limitation Of 80 DAYS upon the power Of i'm
prsolment and there 0byious lought not 10 be. With
ucu restriction court would be poweriess TO enforce
Judge Davis and Judge Daniels concur
JUDGE srEMMLER's TRIUMPH.
Inc long dispute between Judge Stemmler and Judge
Mcclure regarding the title the Justiceshp OF the
seventh District Court has been concluded decision
OF the General Term or the Supreme Court rendered
Yesterday, The controversy grew out OF the alleged
fraudulent election of Mcclure to that Court The
result OF two trials before jury the success OF
Suukc Stemner, VINO then TOOK McGures seat ana mas
retained 1t ever since Upon the Judges minutes and
tue Judgment rendered on the last trial, the
counsel GOV for Judge Mcclure moved 70 set ASIDE
the verdict aud To order new trial. This motion
was denied, but followed by another asking for
MeGnir r e Tou % Tr W new & ,s ~
from the decision OF the rst motion Judge Mcclure ap
stemmer appealed The decision OF the General Term
on DOTH motions 10 in favor OF Stemmer Judge Daniels
of judge y Rsno .. lne s oan .e
on the minutes, ana afrms the judgment IN favor OF
1Idner Ind,o while 1t reyerses the opinion OF the same
ground OF newly discovered evidence.
THE MARSHALL DIVORCE SUIT.
James Marshall was divorced in this State from bis
wife Elizabeth and forbidden to marry again. He did
marry again, however the nuptials taking place in
PeDnsyivania. Subsequently he sued for unlimited
divorce from this last wife, and she answered that he
bad 40 right q appeal to the Court because he had
tbe onr LIS laws oy contrary 70 the order 81
ing simply that the last marriage was no marriage
Whatever the parties being reidents OF this State
Judge Daniels no sever holds that the marriage was
would be 10 give Marshall who had avoided the laws OF
Judge DAVIS thinks tSe marriage Is Void but believes
the case would better 90 to the Court Of Appeals.
WIDOWS VERDICT REVERSED.
This SUIT from che husband OF Rosae Macmillan
being run by ambulapce wagon and killed. She
recovered a verdict against the city, but the city
appealed and all the Judges concur in deciding
through Judge DANIELS tnaJ tne amDuIancc copuuCtW
was OF the city but OF the Commissioners
OF Charities and under the original act Of
1866, ana under the act of 1870 making them De-
partment OF the city, continuing to have sole control
the matters pertaining TO their department. The
decision Of the lower court Is therefore reversed.
TIE MOTIN TO DEBAR HOWE & HUMMEL-
Among the decisions OF the General Term OF the su-
Court rendered yesterday is referring TO ex
Judge EmOt the trial of the charges against the crim
inal lawyers Howe & Hummel, made by their former
clients. the Beaumonts. and by Thomas Dunphy. law
yer with the purpose Of sustaining motion to debar
them.