The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
Argument on the Templeton Writ
of Error.
INTERESTING POINTS MADE.
Decision Rendered in the Kelley T aintor
Libel Suit
RAILROAD CORPORATION RIGHTS.
Verdict Rendered for the Baron
ess Fraloff.

NSTO1St 1tSu0crSQ LOT the 66rOQ-
ess Fraloff.
In the United States Circuit Court yesterday.
before Judge Benedict the folio wing persons were
sentenced Louis Borero, for manufacturing ci-
gars without license, was sentenced TO three
months imprisonment and was lined 500: George
Brews for smuggling watches from on board the
steamship Egypt. two months and fined $1,000;
Bias de Bouchet, who pleaded guilty to selling
smuggled cigarettes, thirty days. imprisonment.
A suit brought against the city by Charles q.
Haskins for payment OF $500 for publishing the
ofnctal canvass OF 1870 IN the Rat,,oov Ne,cs was
tried yesterday before Judge Loew, OF the Court OF
Common Pleas. dismissal was ordered on the
ground that the advertisement was not auth orized
BY the city.
The stolen Philadelphia iewelry case, IN which
John Brennan sought to obtain SEA- 800 from Henry
Goodstein, because some OF the stolen property
was alleged to have been traced to his possession,
was concluded yesterday before Judge Van Worst
In Supreme Court Circuit. and resulted In q dis.
agreement Of the Jury. Subsequent motion was
made TO reduce the defendants bail, which was
set down for hearing on Monday next.
The action brought by the broker. Eugene Kelly
against the Mariposa Land and Mining Company Is
gradually reaching focus. In the proceedings
referee, the Vice President and Secretary OF the
company were yesterday compelled to make q
further deed in Mr. Kelly's suit to Jackson S.
Schultz, receiver and sequestrator. The latter has
now temporary legal possession OF the estate. and
An exciting and prolonged legal controversy
promises to ensue for Its permanent possession.
THE TEMPLETON WRIT OF ERROR.
APPLICATION FOB NEW TRIAL OF DUNCAN D.
TEMPLEToN FOR wcUNDNG HIS WIFE WITH
PIsToL-ARGUHENT UPON THE WRIT OF
ERROR IN THE SUPREME COURT, GENERAL
TERN.
Duncan D. Templeton was convicted in the
Court or General Sessions. before Recorder
Hackett OF felonious assault upon mis- wife, Ida
Maud Templeton, on the 18TH Of October 1873, on
Fourteenth street, near Eighth avenue, he having
shot her, as Will be remembered, with q pistol the
ball entering her neck and embedding Itself In the
jawbone. On this verdict Templeton was sen.
teneed to State Prison for seven years and
six months. There was no dispute as to the facts.
The only defence which counsel sought to set up
was that OF insanity. Various exceptions, how
ever, were taken during the trial, these relating
principally to the rulings Of the Court upon chal-
lenges to jurors, to admissions and exclusions Of
evidence and to the Recorders charge. The case
was carried up on appeal to the Supreme Court,
General Term, where IL came up for argument
yesterday, Judges Davis, Brady and Daniels being
on the Eench.
Mr.. John D. Townsend, VINO appeared on the
prisoners behalf ct the trial. made lengthy and
cogent argument In favor OF the prisoner. He
urged as his grounds or reversal OF the judgment,
nIst the exclusion by the Recorder OF question
pfopounded by the prisoners counsel to Jurors,
on challenge OF their Indifference second, the ex-
clusion by the Recorder OF question propounded
IN no w
Depuy as to his conclusion OF the prisoners state
OF mind during the ten days preceding the shoot
ing third, the exclusion by the Recorder OF ques-
ton put py the prisoners counsel to the witness,
Orytle N. Adams, as TO mis- reason Tor avoiding
the prisoner; fourth, the admission by the
Recorder OF parol evidence upon the
part OF the prosecution as to the con-
tents OF q letter written to the prisoner by his
wife; nlth the admission, oy the Recorder of ties.
ton, Tor the purpose OF impeaching the credit OF
one OF their own witnesses; sixth, the exclusion,
BY the Recorder OF questions asked by the prison.
er's counsel OF the witness, DR.. Meredith Glymer;
seventh, the charge OF the Recorder, "that no re-
mer's ian experU testimony, tine jury having as
much capacity to determine upon that as DR..
charge the jury, when requested SO to DO by tie
prisoners counsel, that "a person persist
snty Ieievng supposed ACTS which nave
bility, and conducting himself upon the assumption
Of their existence. is SO Tar such facts
cerned. under insane dcusiOn, and Is insane;"
and ninth, the relusa. OF the Recorder to grant q
new trial TO the prisoner upon the GROUNDS
urged by the prisoners counsel. An interesting
point IN the argument was that relating to
me testimony OF non.experts He insisted
tnorities, Is mat o witness VINO Is not an expert
may, alter having detailed to the jury the different
uinerent conversations he had held with him. GIVE
additional weight to his testimony by expressing
the conviction ne arrived at in rs own nd at the
n n n w q n fhn unI
rational or IRRATIONAL The distinction between
experts and non-experts as TO the admlssIbility
may give an opinion generally upon facts sub-
nitted 10 them, nile the latter Is confined IN
conversations which he personally observed. An
Diner point raised was that the Recorder erred in
permitting the prosecution to introduce evl-
ness. After reviewing the evidence OF Dr. Clymer
be took up the JUDGES charge. Inc main feature
which he objected 10 was that no part OF the Re-
Corder's charge was directed toward an expaua-
ton to the jury OF how lar responsible a person
under delusOn, ana. under the circumstances, the
prisoner was entitled TO have the jury instructed
were, to support the verdict, but three ponis-the
act Of shooting although the prisoner had been in
the habit OF carving pistol Ior years; tue un.
II sue ever left him he would shoot her, and
the unsupported testimony OF Mrs. Post
that the prisoner, on the evening before the
occurrence SAID he would shoot his VIE. Against
this he esened, IN strong and forcible contrast
tuc tcstiihOuy VI Witnesses 10
kind and loving nature, his perfectly tempe crate
habits and to his devotion to MS VIE; his letter
10 his vile, received November ], 1873, show wing
then his love for her and his state OF mind; his
erratic and neurotic temperament from early LIE
the fact that IT was In contemplation three years
before to connnc MIN IN an asylum; the startling
enect produced upon him by his wIfe's desertion
OF him three weeks before the sad occurrence, as
testified TO by many Witnesses; his constant de-
usiOD against all evidence. that his wie's mother
and Iather we're people or the worst description
and had produced abortions on his vile and de-
sired to lmmure her In bad house; his
beiief and constant assertion that his vile
was "as pure as angel" and he
could see her but a moment he could induce her
10 return; his meeting her by chance and hts In
tense JOY at nndIng her again his entreaties to
her to return that he could not live without her;
bis feeling that she was purity ITSELF until mis-
dream was dispelled In moment by her own re-
mark "My pretty face can get me more money
than to go back and live with you ~ the opiuon
Of Dr. Moore that he was then crazy and had been
Tor years, and the opinion OF DR.. Clymer that he
Sua md lima