The New York herald., 1874-12-31
GREEN'S INTERPLEADER SUIT.

decision was given yesterday by Judge Dono-
hue OF the Supreme Court. In the interpeader
suit or the city against Dannat 4 Sehreyer, the
basis OF the suit being preliminary suits brought
by Dannat Scnfeyer for $1,000 fnd sSooo re-
specuvely claimed to be due them on contract
Tor building a schoolhouse The Courts having
decided tnat the city cannot be held liable ior
contracts made with any other department OF the
city except the Department Of Putlic "osks, inc
Comptroller now seeks TO discontinue tue SUITS.
The following Is Judge Donohue's decision:- Two
parties, each claim a sum OF money Ia TIE pam
tln,s hands, each having suit Tor The amount.
This bill flied by plalntin % ask mat Tue plain
the mopeV ana letting the conresting delendants
settle VINO owned II. AT ihis Time IL suited neither
oi he deJendant Is 10 ao this equitable adjustment
ana tuey opposed ana de ieateo II by defeating
noIlou for an iaJuncton, each OF the defendants
trusting that he might. In MS suit, compel the pay
meat Of the amount claimed and both unitedly
hOpng 10 get double tee amount the pialntln
aants part was frustrated by decision in their
Individual cases. no ding on question OF law that
the actions must ai. Now, then, the plain I'M hav-
ing failed TO obtain real standing loT It's Case IN
court. asks 10 discontinue IT upon paying costs.
The defendants are exceedingly equitable III ap-
stand where they did when hey defeated the In
junction-that IS, mat the pialntIn having no
motion must De granted on payment OF taxable
costs TO each defendant up 10 the 7th November.
1874 No costs on this motion.
A CUSTOM HOUSE SMUGGLING CASE.
The further hearing OF the case against David
p Harris, Custom House officer, who Is indicted
for having been concerned in the alleged smug
Cling OF large quantities OF cigars from Havana,
and Tor having received brlbes from one Francisco
Avellaner for passing quantities or cigars through
the Custom House without payment OF duties
was resumed yesterday u the United States Cir
cult Court, at No. 27 Chambers street. before
Juoge Benedict and the jury. Mr. A. II. Purdy,
United states Assistant District Attorney, con.
Quoted the prosecution, ana the prisoner was oe-
Tended by Mr.. samuel g. Courtney aud Mr.. Joel B.
Erhardt.
Tne principal witness for the prosecution was
the lnformer. Fl ancisco Avellanet who was unuer
cross-examlnatlon all DAY by Mr.. Courtney. He
testified to the several interviews which he said
he had had with MIR. Harris, VINO, he stated, had
told him 10 come from Havana In the steamer
Crescent City, as be (Harrls) knew the captsln
and purser or that vessel they being friends OF
his. Harris demanded money from him for passing
the cigars and witness PAID @ hlni 500, $3.50 and
questioned as to how ne came to go down to the
0fice OF Captain Brackett, special agent OF the
Treasury Departments, No. ~ Broadway He said he
with Captain Bracket, who informed the witness
that he knew all about his smuggling
by telegraph from Havana, the witness said
he made an AFFIDAVIT OF the acts as he knew them,
but that no person had told him that II he made
statement telling the truth and disclosing the
names OF the persons who were implicated with
him 1t would be better for him; he believed that
ne lAveansp Vas, was now on trial , for or smuggling
acily what the Jury were going to 40 with him
(auehter) he did not know tnat his cigars were
Bracket; ne was not told by anybody thatii lie
made statement concerning the case and what
be knew about it he would not be punished.
The cross-examin alton continued until after the
usual hour for adjournment, when MIR. purdy
briefly re-examlned the witness, after winch the
Court adjourned until eleven O'CLOCK TINS morning.