The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-01

servant girl She continued her occupation OF
servant girl in various FAMILIES until sue entered
the employ ment Of decedent In 1859. She was
called "Lenan by decedent and ms children. In
the course of month or two Lena SO managed
that Louis and his wife lett and commenced keep
Ing house elsewhere, so that the iamtly OF decd
ent consisted OF himself and his youngest son
(GeorgeI, then about eighteen years or age. AZ
this time decedent's health was broken; he was
greatly enleeoled IN body and mind ana ms voice
was rapidly failing him. In 1871 decedent was
speech. 1ena admitted to Dr. fully that as early
as this decedent was paralyze -. From 1859 de.
cedent failed rapidly IN respect to mind and body
lis servant Lena. On the 10th day or Sep
tember 1871, the ceremony OF marriage
Rev. DIR. Bushe without the knowledge OF any OF
decedepts lamy. The evidence does not SNOW
how long afterwards H. was before oecedeht's
family tscertained that Lena GAINED TO have
been married to him.
Frst-Tdat when the Instructions were given BY
Lena they were given by her aone) LOT drawing
the Will and cOdcll, and when these papers were
executed decedenI was speeches. ana had no
means by which he could communicate his thoughts
and wishes, II he possessed any
Second-lhat at the execution OF these papers
decedent was physically unable to write, ana tnat
there was no satisfactory PROOF 'aas ne sgs for
him, or TO ald him In signing; IN other WORDS
there was no sufficient proof OF the execution,
either ID regard to form or substance sucn as tue
law requires IN respect to testamentary lnstru-
ments
Third-.'That the proofs clearly establish that
both instIuments-and such execution thereof as
Is shown-weie the result OF undue influence ana
other unlawful means rendering the same Void"
From ms decision Lena, the alleged widow,
appealed to the Supreme Court. IN OCTOBER last
the case was argued by Henry L; CLINTON on be,
hall of the heirs, and by william II. ArnouX ON the
part of Lena. Yesterday the supreme Court rom
dered their decision, afiiI ming the decision OF Sur
roeate Hutchings, rejecting ooth Will ana coo'ch'
THE TENTH NATIONAL BANKS CLAIM.
Judge Daniels rendered the opinion In this
case on the city's appeal from an order OF the
Court below granting the Tenth National Bank
mandamuses against the Board OF Apportionment
and the COmptr Oler, the former to issue stock to
meet plainun's claim OF $242,379 92 Tor alleged
advances to the former new Court House Com
mssiOners, and the latter to pay the amount. In
his opinion Judge Daniels says that the writ
against the Board Of AppOrtiOnment was decl-
sion that the city should be placed IN position TO
pay the money II found due; but he holds that
the proof OF the debt was prerequisite TO the
raising OF money by taxation or loan. MI. Green
swears IN his afidavits that the money was adj
vanced TO lngersol and others not authorized
to borrow money on the part OF the Commission
ers and whether the bank was mistaken or not
should be proved on trial. Then the Court House
Commissioners hal no authority to borrow money
which might afterwards be appropriated TO the
building and the affidavits go TO prove only that
the money was advanced to the treasurer OF the
Commissioners, but give no certainty that 1t was
for the use OF the commissioners, and the Commits
drawn and did not make charge against them
but against the city. Bes des this the omission OF
the referee to send back proofs was presumptive
evidence that there were none. The order OF the
Court below Is reversed
SUIT BY AN ASSISTANT TEACHER
Cathanne Murphy was removed from the posi-
ton of assistant teacher in Public School No. 81 in
January last by the trustees on recommendation
of the superintendent, who charged her with iu-
al cd n no Roar ri IF
ton. The Board approved OF her dismissal, with
recommendation to appoint ner In one OF the pri-
mary departments. She then appealed to the
General Term, which decides though Judge
Daniels. The Court holds tnat teachers in the
public schools do not mold public ONCE; that they
are simply employees oil the trust ees and that the
manner OF employing and removing them is. to
some extent. regulated by statute; that the re.
fusal OF the committee to take testimony as 10 the
competency OF the principal VINO recommended
her removal was altogether right, as she could
not excupate herself by inculpatng another, and
the certiorori bringing the case Tor review before
the Court must DE dismissed.
RELEASED FROM STATE PRISON.
Thomas Lenahan was convicted in the Court of
General Sessions on the 18th day of September,
1874, OF felonious assault with q leaden instru-
ment and intent to XIII and rob wealthy gentle
man named Horace Galpin. Willie Mr.. Galpin
was walking through Filth avenue, opposite 81.
Thomas church, he was approached stealthily
from behind by Lenahan, who attempted to rob
LIN. During the trial OF the case Mr..
William +. Howe, the prisoners counsel,
raised several objections, which were over
Lenahan to the State Prison Tor ten years.
Mr. Howe then took the case on appeal to the
General Term OF the supreme Court. and that tri-
bunal decided yesterday In his favor reversing the
verdict IN the General Sessions and directing
new trial
Edward Murphy was tried in the Court OF Gen.
eral Sessions the 9th OF April, 1873 for robbery
IN the first degree. in attacking and rObbng John
North, on the 18th OF February, 1873 On this con.
vlctlon Murphy was sentenced 10 the State Prison
Tor twenty years; and ut the OctOoer General
Term OF the supreme Court, his counsel. Mr..
conviction several legal objections. The Court
in this case also reversed the conviction.
THE OPENING OF SIXTH AVENUE.
Judge Donohue gave the opinion Of the supreme
Court General Term yesterday, on an appeal from
the order confirming the report OF the Commits
sioners for opening Sixth avenue. The appeal
came up on allegations that the parties Directing
had no opportunity TO see the report The Court
SAYS notice file objections issued in 1878
and none were made; every one else could see 1t
and the property owners urged the opening, ana
no grounds for cOnCealing the report were stated;
and no fraud being proved III any way the judy
ment must he confirmed.
FEDERAL COURTS.
BUSINESS DURING THE PAST YEAR.
In the United States Circuit Court for the South
ern District OF New York during the past year,
1874, there have been commenced on the common