The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-23
THE COURTS.
Argument for a New Trial for the
JeWeIler SWindler.
THE SNOW-EIEAP NUISANCE.
I'm pOrtart Decision in Favor
Of the Railroads.

In December last Samuel Shapter and Edward
Hopper were JOINT owners Of the Metropolitan
Theatre, with an agreement between them to
equally share the profits and losses. In settling
up the Affairs OF the theatre for two weeks prior
to the Goth or December last 1t was found that
there was loss OF 1924 65. Hopper, as alleged,
refused TO stand his part OF the loss and yesterday
Shapter made Application In Supreme Court,
Chambers, before Judge Donohue. for an attach
ment against the property OF Hopper. The appli.
cation was granted.
Mrs. Elizabeth Harden employed Robert Fl. Cor
bett as counsel in the Harden will case. SUISSE
quently she placed In his hands about S1i5 0OO and
has brought suit TO recover the sum. In mis-
answer Corbett states generally that his services
and expenses as her counsel and losses sustained
through stock investments at her lnstigation
swallowed up the whole sum. Application was
made to Judge Lawrence, in Supreme Court
Chambers, to compel a little more particularly as
to how the money was used. Judge Lawrence
yesterday granted the motion in part and in part
denied II.
In The matter OF the contested will OF Elizabeth
Coyue-cOntested by the eldest surviving
daughter, married-Surrogate Rutchings yester.
day, alter hearing testimony, admitted the win to
probate. The deceased, by her WILL leaves some
$4,000 to her younger children. The wills OF
Hannah and Helen Key Shaan were yesterday ad-
mitted to probate.
In the case OF George Albert Mason, the alleged
counterfeiter, whose examination was set down
| for yesterday, further postponement was
| granted by Commissioner Shields in the absence
OF the principal witness, Ensor, who had not ar.
rived from Rochester, where he Is held on a
| charge OF passing counterfeit money. The Com.
| missioner set down the case for two O'Clock to-.
| morrow when, If the secret service detect YES
are not prepared to go on or fail to show good
cause therefor, ne says he Will discharge the &C.
cused, Mason. on his own recognizance.
In the Court Of Oyer and Terminer yesterday.
Judge Barrett the bench, the case OF John Jour
dan, who Is indicted for murder IN the nrst
degree, was called for trial. Mr. William F. Howe.
Counsel for the accused, said that the murder was
one Of recent occurrence, and they would hardly
be able 10 try 1t this week. Assistant District Al.
torney Russell said that this was a very serious
case, that ne expected verdict OF murder In the
first degree, ana was opposed to It's going over
until next week. 1t was finally set down for trial
on Wednesday. J0urdan Is indicted for the killing
of man named HOiar with whom he used TO be
very friendly, by stabbng him in the head on the
25th Of February last
LARCENY LEGALLY DIsSECTED.
An application was made yesterday by Mr..
william F. Knitting, at the General Term OF the
Daniels, for trial in the case OF George wey.
man, who was tried at the February Term OF the
Court OF oyer and Termlner, before Justice Bar.
rett, upon an Indictment tor grand larceny con.
victed and sentenced to the State Prison for Ave
years. George Wryman was formerly IN the Jew.
elry business at No. II John street and stood well
In the trade. In November last he suddenly dis
appeared. Subsequently 1t was discovered that q
large number OF jewellers had been victlmiZed out
OF some $4,000 worth OF jewelry and precious
stones. The naOdus Opera1adt by winch the fraud
was effected was ingenious and well calculated TO
trade would either call in person send an
order by his clerk for some jewelry, obtaining the
same upon representation that ne had customer
for them. Power was given to him to sell the
goods and return the money; in default OF which
he was TO return the articles given to him. Hav-
ing thus obtained the articles he ned. as q matter
OF course, returning either toe je weiry any
money realized from any usae. The charge upon
which ne was convicted was preferred BY Charles
Kuhn d Co., Jewellers, doing business In John
street. from whom the prisoner obtained five pairs
OF gold band bracelets. worth $270, in the manner
RIB gpHH i1 inc, trial Mr.
case OF larceny as the complainant voluntarily
parted with his property IN the jewelry.
Yesterday Mr.. Knitting contended that the
Judge erred upon the question o. larceny; that In
delivering the possession OF the jewelry power
was gwen to hum to sell the same and convey title.
1t was intrusted to him, ana its return was not
expected. Counsel cited several cases IN support
OF MS theory.
Assistant District Attorney Russell submitted
that the facts, il true, made out case OF LARCENY;
that Messrs Kuhn Co. parted with the possession
OF the jewelrv, but not with their property In the
jewery; that the tewelry was parted with for
particular and special purpose. He cited num-
Der OF authorities on his brief which. he said.
tanned the position the Court below had taken.
Mr.. Kin tzing in reply, commended that II the &C.
cused had been guilty Of any crime 1t was that OF
obtaining goods By false pretences
After hearing the views OF he respective counsei
reserved Its decision.