The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-05
First Day Of the Legal Tournament
Judges and Lawyers to the Front.
SECOND TRIAL OF SCANNELL FIXED.


always is on the opening day OF the legal year.
The busy feature, however was 50 much in what
was really accomplished laying good the foundations
FOR work in The future In other words It getting
ready for work All the judges in their assigned
places and looking without exception greatly improved
In health pretty indication that each has spent
wisely and well his recreation. Lawyers seemed
20 plentiful or there good deal OF hearty
Misunderstanding between both members OF the Bench and
Bar Of fellow feeling yelling up from the neither
depths Of sharply defined professional sympathy.
stranger passing through the Court House would
have thought courts great institutions and they
are but the stranger would get good deal mixed with
out guide who ought also unite the other charac-
herstics OF philosopher and friend.
SUPREME ooURT-GESERAL TERM.
In this court the old, familiar judges who have sat
there so long Judges Davis, Brady and Daniels, were
on the bench At the opening OF the hall past
zen O'Clock the compact with lawyers One
OF the attractive features the expectation that
uecisons would be given argued at the last
term. II announced, however, that the de-
cisions would not be given till Friday, and in
double quick after that the legal throng thnned
out Tho Court went right to work on its calendar.
Tic opening involved dispute between billiard
table makers and, metaphorcally the Court set the
balls rolling, while the counsel in their arguments
before the Court the return order to show
cause why Otis F. Hail and George P. Webster should
not be thrown the bar Their disbarment is asked
on the alleged ground that they deceived client
0amed John f. Dawson by obtaining from him on false
pretences bond indemnify the Sheriff for his action
An Selling property at their instance The Court sus
pended any action in the matter pending the conclusion
of litigation in the Special Term involving similar
Issues.
! SUPREME corRT-sPBcrAL TERN,
Presiding in this court Judge Van Worst He
raled his calendar but at the end, notwithstand
ing the multiplicity Of cases, no ready pro-
iced to trial. But there was full compensation de-
tisions by Judges Van Brunt and Van Worst OF
rases already tried The length Of the opinions en-
podying the decisions shows that the judges writing
them have been pretty busy during their vacation. As
the facts all the eases fully given in the HERALD
the trials it unnecessary recite them in detail
Foremost Importance or at least judging from the
opinion, which occupies sixty five pages of closely
foolscap is the decision given by Judge Van
Brunt in
SUIT,
being the brought by the OF Union College
against Robert W. Lawler the agreement out
of which the suit dating back twenty
years In 1851 the defendant the OF
what then known the ''Stuyvesant
cove property" the greater part OF which
was under water and affected by encumbrances DR..
Scott formed the project Of filling the property under
svator and selling it; and he made agreement with
trustee OF Union College named Holland and the defend
Lawer by which they all became copartners in the
property. LAWYER and Holland were pay DR.. Scott
$500 600 to clear of the encumbrances amounting
10 sl12 0OO after which each have third
tcrest profits Of the enterprise this arrangement
only for the portions Of the property against
which no adverse claims established During the
two ensuing years large paid to Dr. Scott
consideration money and much progress made In
the reclamation, and meantime adverse claims
entered against portions Of the land in Dr. Scotts pos
ression. Suits arose of these claims. BY subse
uuent agreement Mr. Hollands interest ceased and the
profits made equally dyisabe between DR. Scott
and Mr. Lawler Bonds and mortgages the property
were aferward given by Mr.. Lawer to
Or. Scott, who assigned the same to Union
college and the interest OF the latter in the
present suit These bonds and mortgages were given
Us an advance pay the purchase money and undoubt
Edly account Of anticipated profits and in order
that Dr. Mott might assign them 70 Union College and
Inclose them In his trust deed After reviewing all the
facts Judge Van Brunt decides that the plaintiffs
entitled judgment he holding that when Union Col
tege received these bonds mortgages they became
valid securities in their hands and that Mr. Lawler
rannot even avail himself Of any defence which be |
might have had against these bonds and mortgages in
A PARTY WALL LITIGATION
Another important decision, and more especially TO
who also writes lengthy and exhaustive opinion in
The well known party wall suit between James n. Nash
pnd George Kemp The plaintiff is the OF No. I
Biz Fifth avenue, and with Mrs Sarah A. Livermore,
who owned the adjoining lot entered into a written 4
agreement by "hlch Two inches q the wall was Dult on
hrs lot and fourteen inches that OF Mrs Livermores
After the completion Of the plaintiffs building the de-
PENDANT became the Of Mrs Lvermore's lot and
ERECTED thereon the buckingham Hotel When the de- /
PENDANT came 70 connect his front wall with The party
Wall be insisted that Mr. Nash had occupied with his l.
hont wall including ashla more space OF the party
wvall nap 10 W As
that TO his front wall the plaintiff entitled
cupy or overlap the party wall to the extent OF I
his lot whereas he had covered the with his front
wall to its and had in this manner appropriated
1o himself frontage Of six inches Of Defendants land.
The defendant commenced 70 cut away tx inches q the
plaintiffs ashlar lying Immediately south Of the centre
line OF the party wall when he restrained by
junction aud suit brought by Mr. Nash TO prevent any
Interference with the wall Judge Van Worst holds that
party wall never advances 70 the line Of the
street that the land covering this space should be
exclusively enjoyed by It's owners and occupied by
them according 70 the boundary lines q their lots IN
the construction their fronts that person encroach
ang upon the land OF another by the overlapping OF
wall cannot the claim Of the latter on the same
ground that the owner was silent during the progress
of the encroaching structure that the owner Il not
sesopped by his silence from recovering MS possesson
rand that the annoyance and expense TO the piansn
furnishes satisfactory reasons Tor restraining the u
1endsnt from the Of his right TO the enjoyment
of bis property He therefore dismissed the complaint
scANNELI-
In long time there has not been such large crowd
An attendance Yesterday the Court OF oyer ana
'Terminer Judge Barrett was on the Dencn, IoolhB
the picture Of hrmy restored health II had been pre-
svi0usy announced that would be called ior
trial but only arrangements made for the time Of trial
a homicide cases Of course foremost In importance
twas the Of John scannel indicted for murder 10
Fhe hrst degree, for shooting John Donohue AZ john
kson's pool rooms. He present, looking IN hne
health much better fact than when FIRST arraigned
Tor trial tho some two years ago.
F1Ie was seated by his counsel. Mr. William A. Beach,
FNviam y. Howe and Peter Mitchell He chatted with
kair OF gay indifference with the latter with the
various representatives Of the press whose acquaintance
nc had formed during his court experiences
District Attoxney Phelps said be had requested coun-
kre for John Scannell 70 be ready. He ready TO
hccept almost any suggestion TO Ak the for
Mr Beach proposed that the case 20 over 70 next
mnonth for meritorlous reasons on the part Of the
Erisoner An important witness has removed " Ha-
Exapa but with promise 70 return his Tees for attend
nance having been paid IN advance and they had not
E,oen able 10 communicate with him for some time but
Lad reneaed from him alter he left the city