The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-13
THE coUR
The SANTANA Bay Company-Efort to
Wind Up It's Affairs.
IMPORTANT BANKRUPTCY PROCEEDINGS.
The Cases of Genet and Sharkey
in Court.
BUSINESS IN THE OTHER COURTS.

Jonn Warren, a broker, brought an action
against sheridan Shook, ex-Coector OF Internal
Revenue to recover sum OF about $1,000 which
he had paid under protest tax on stock which
ne had sold on MS own account when he was doing
business as a banker and broker. Mr.. Warren
claimed that bankers or brokers could not be
faxed on stock sold for themselves, cut only on
stock sold by them on commission. Judge Wood
run yesterday rendered decision In favor OF the
defendant. This was test case, and twenty
eight other suits OF similar character 60 along
with 1t. The amount involved altogether is about
s2oo, 0o0 Mr.. b. X. Phelps was counsel Tor the
brokers. and the District Attorney for the govern
ment. since the above mentioned actions were
Instituted taxes on sales of stock, made either by
bankers or brokers, have been abolished.
Judge Benedict sat for a short time yesterday In
the Unised states Circuit Court, % Chambers
street. and ordered he forfeiture OF number OF
bail bonds. He viii to-day open the criminal term.
Among the cases on the calendar are those OF
Charles Calender, indicted for receiving bride as
bank examiner; Charles J. Farley, charged with
extortion under color OF ONCE Samuel Secor and
Ephraim Miller, conspiracy; John W. Norton, In
dcted Tor emoezz ement; Charles A. Austin, cruel
and unusual punishment on the high seas Hans
Marten ana Edward X. Robinson. conspiracy;
William H. Tinde, alleged fraudulent bankruptcy.
one case In which Charles B. Meyer IL indicted Tor
using revenue stamps a second time.
Michael Doyle, sailor, who had been charged
with assaulting the mate OF the American vessel
Cuba, was discharged on his own recognzance
yesterday by Commissioner Shields, who repri-
manded Doyle, telling nim he should be more care
nj in fnture as TO how he conducted himself on
shipboard.
In the United States Circuit Court yesterday, be-
fore Judge Nathaniel Shipman In the case OF An
thony Oechs Vs. Thomas Murphy, ex-Couector OF
this port which was an action to recover an al
legged excess OF duty on quantity Of WINE i'm
ported In bottles, the jury. BY direction OF the
Court, found verdict for the defendant. 1t would
seem from the facts OF this case and also from the
verdict rendered that the value OF the bottles
in which wine Is imported goes to make up an ee-
ment in arriving al the price for which the wine is
sold in the market.
The Brinkley divorce suit was continued yester-
day before Judge Van Brunt, holding supreme
Court, Circuit. Most OF the day was consumed in
the continued cross-examination OF Mrs. Brnkey.
Despite It's great length ana rigid severity her tes-
tmony given in the direct examination was not
shaken IN the least.
Another day was consumed yesterday IN the ex.
animation OF witnesses upon the charge OF kidnap.
ping Teresa Small made against Police Commits
sioner Gardner and Captain Williams, OF the Eighth
precinct Mr.. Abe II. humme conducting the
prosecution and United States Commissioner Dav-
export the defence. The only witnesses examined
were policemen VINO claimed 10 have arrested Mrs.
Small as panel operator under the name OF Mollie
Rust. The case will be resumed this morning.
In the General Term OF the Court OF Common
Pleas the appeal in the OF Phineas Ii. Kings
land, who the city TOR money advanced TO the
market sweepers in 1870, was argued yesterday
In the lower Court he obtained a verdict for
$I1,76S So and the city appealed from the verdict.
No decision was given. The appeal In the suit OF
the Fisk Pavement Company against Charles H.
Evans was also argued yesterday in the General
Term with a like result.