The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-01
COURT or SPECIAL SESSIONS.
A Matrimonial Dispute.

Before Judges Kibrett, Morgan and Flammer.
The Judges constituting the Court OF Special Ses-
sions, acting in their capacity as an appellate
court, devoted considerable time yesterday to
hearing arguments from counsel on a motion TO
modify or review magistrates order made on the
complaint OF Mrs. Bridget Murphy against her hus-
hand, James L. Murphy detective oficer,
attached to the Eighth precinct. year ago
Mrs Murphy obtained an order from Justice
LedwIth, directing an allowance OF $2S
which her husband gave bonds. He has it
was contended, faithfully complied with the
terms OF the order until the expiration OF
the period Tor which 1T was made. He now
offers TO provide for her home in lieu or the pres
ent monthly stipend but this she declines and has
applied for renewal OF the previous order. Coun-
sci claimed that under the statute a technical de-
mand was necessary and no such demand had been
made. Opposing counsel replied at some length,
citing the statute itself and other authori-
ties In opposition. Mrs. Murphy is
woman of about thirty years and appeared
cloak and sable lurs. on ner separation from the
bed and board OF her spouse she retained the
voucning for deposit OF some ST. 200, which still
remains under her control. Counsel for the de-
fence thought that with this provision she could
not lack much IN the way OF comforts. The mother
in-law, however, aud Mrs. Murp1y could not agree.
ana hence her demand for separate maintenance
instead OF the home which her husband offered to
provide. Without going into the merits, the
Court adjourned Tor the purpose OF passing upon
the legal points raised by counsel.
What Constitutes a Lottery.
william Robinson was arraigned on the COM
plant oil William Waling, charged with selling
lottery ticket, value twenty-five cents The COM
plainant did not appear and counsel msved for
dismissal OF the complaint as defective on its face
in not specifying with precision and exactness
the offence charged TO have been committed. 1t
failed to set forth, he argued the name OF the lot
terry for which the ticket purported to have been
issued, or that there was any sum OF money or
property the ttle to which was no to be
Criminal Procedure and long array OF decisions
from English and American reports, notably one
by Judge Bronson, to be found in Denios New
York Reports, which sustained this view and held
such allegations to be vitality essential TO support
an Indictment or other criminal proceeding. The
want OF 1t In this case was, therefore, fatal and he
asked the prisoners discharge. The Court re-
served It's decision.
Another Starving Man.
Peter Collins was arragned for stealing num-
Der OF brass cocks from william A. Pitt. In mit-
children who were starving.
Judge Kilbreth--ln view or the restitution OF
your family we viii send you Tor three months to
the Penitentiary.
Temperfng Justice with Mercy.
Shortly afterwards iour boys, ranging from seven
to ten years. were arraigned for some trivial
offence. Their mothers appeared to plead for
leniency. Judges Morgan and KiIbreth were in
clined favorably towards them, but Judge Flam-
mer was deaf to their appeals and the questions
he addressed to the parents brought Tears 10 tne
poor women's eyes. Notwithstanding his obJec-
TONS however, the judgment OF his colleagues pre-
vailed and the prisoners were discharged Win
caution.