The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-21

He claimed 1t made no difference that the st. Louis
was sailing under register, the words mot sailing
| under register being merely used az O general
designation DISTINGUISHING coastwise from sea-
miles out was presampVey the the first to oer his
services, and that the act OF Congress was not an
| abrogation OF or III conflict with the State law,
and gave Judgment Tor The plantln.
Inc case use went to the Court OF Common Pleas on
where the Judgment has just been affirmed.
THE TASSINO VERDICT.
ON the opening OF the Court OF Oyer and Ter.
miner yesterday Judge Barrett said that owing
to the illness OF Judge Donohue he would have 10
adjourn Court aud preside In the supreme Court.
Chambers In one respect be was glad, because
he wanted twenty-four hours to get over the yer.
dict in the Tassino case, which he pronounced
certainly the most extraordinary verdict ever
rendered in court OF justice.
Several OF the jurors were present in court. IL
was ascertained that when the jury first went out
they were equally divided. There were several
subsequent bahoungs, and they nnally stood nine
this stage. they then having been out
an hour and nall, Judge Barrett sent
had agreed They were still engaged in discuss.
ing the matter, and the Judge again sent Mr..
them until nall.past iour O'Clock. 1t then lacked
nine minutes OF the time specified. one Juror
would have to be locked up all night, and, as the
room was cold and uncomfortable. that would
s they 1y
was done. and SO CAME about this ''most extraor-
binary veryict" me Jurors Justify their acton
! counsel, raised, both IN the testimony and sum-
ming up, such strong doubts In favor OF Tassino's
innocence, mat in giving him the benefit OF this
doubt they could not do otherwise than bring IN
verdict OF acquittaL
INTERESTING PROPERTY QUESTION.
Anna Mary Zimmerman, through her guardian,
brought suit against John II. Scboenieldt to re.
cover possession of certain real estate corner OF
Eighth avenue and Twenty-ffth street and S., 900
profits. claimed as her due. In June, 1864, the
mother OF the plaintiff died. the latter being her
only child and surviving heir. Meanwhile the de-
PENDANT entered upon the premises, and under the
will OF Mrs. Zimmerman claimed an absolute
estate therein. In Supreme Court, Special Term,
before Judge Van Brunt, judgment was obtained
for the plaintiff. An appeal was taken to the
Supreme Court, General Term, where the
case came up Tor argument yesterday.
Judges Davis, Brady and Daniels being
half OF the appellant. claimed that this was an
action in the nature OF an eectment suit: that the
COMPLIANT sn0nld nave oeen DISMISSED Upon tne
man. plaintiffs ather had a Lille estate as tenant
by courtesy, which he had conveyed by deed to
the defendant; that 1t followed on this the war;
ranty deed, with full covenants, executed and
delivered BY. Leo Zimmerman, conveyed MS life
estate, which III case OF the death OF the plaintiff
during her minority may become an estate IN ice,
which under the covenants would inure TO the
quentiy. his action could not be sustained.
He insisted further, that the answer AYERS that
the SAID real estate was purchased with the money
OF Leo Zimmerman; that the said Anna Mary Zim-
norman had no money to purchase such property
have been vested In ner and that Leo was, In fact
the real owner OF the property. M. Ferguson
urged, In opposition, thai the defendant had
claim that this Is an &C ion Tor ejectment. He
saia further. that this was an attempt TO remove
same made Gear In the plaintin. The Court took
the papers, reserving its decision.
THEATRICAL LICENSES.
The Society for the Reformation OF Juvenile De-
linquents, Notwithstanding the litigation hereto.
fore In the matter, seems determined to exact the
payment OF licenses from theatres and other
places Of amusement in the city, pursuant to the
act OF the Legislature compelling such payment.
Application was made yesterday in the Supreme
Court Chambers before Judge Barrett, for an in.
MaccaDe, iessees OF Robinson Hail. restraining
them from giving any further performance until
was so in the Of PARK
lessees-Wllltam stuart Maurice Grau and e. Chiz-
zola. The inJunctions were granted in both cases.
IL Is probable tnat the question as to the consttu
tlOnality OF the act under which the payment OF
theatrical licenses Is required will undergo further
thing In order, doubtless, Will be to endeavor to
get this injunction set aside, and the PROBABILITY
Is that applications to this effect Will be made
day.
THE SINEWS OF POLITICAL WAR.
very interesting case growing out OF the late
political campaign has just been tried before
Judge Gross, IN the Marine Court Part 8. The
action was brought by Jacob s. Phillips printer,
against Charles Ii. Reilly, John D. Coughhn and
Feodore Merson, to recover q bill for printing
political cards, posters, circulars &C., to aid the
candidature OF the defendant Reilly, an indepen-
dent candidate for the Assembly against the Tam
many nominee, Orlando Stewart CoughIin and
Mierson were members Of the Tammany General
Committee Of the Twentieth Assembly district
and were opposed to the nomination or Ste wart,
and bolted In consequence OF his nomination.
They looked round for proper candidate in
opposition and selected the other defendant for
the purpose. and induced MIN to run on the oppo-
sttlon ticket. political campaign cannot
as these had to be raised Mierson' was
appointed treasurer. AS 1t appeared on the evil
Win Re- &c S %
and Mlerson promising to contribute and raise
$1,000 PROMISES don't butter parsnips nor RAISE
funds,r and all Miers0n. as he alleges, received
was about $500 cash and TWO notes OF Reilly's Tor
$500 each-total. 81, 800; and he says It cost MIN
over sS,o 600 besides his laDos In the lost cause.o
A suit was Instituted against the late candIoate,
Reilly, to recover the amount OF the notes gwen
Mierson himself is sued, with his co-deiendants,
for the balance OF the printers bill OF $l7s O5. Mer
Reilly, upon the ground that ne never authorized
or ordered the WORK. Coughltn, on the same
! grounds. Inc version given by Reilly is, that
| when he entered the campaign 1t was 10 cost
! him nOthinG-"not cent" All he mad
! to do, was to spend his time and allow
ms name TO be used in the good fight.
and though he was not elected 1t cost lim great
deal, yes, heaps Of money" Couahlin testified
tnat he entered the fight, spent ms time and
money, made several speeches, went 10 public
places and drank liquors, &c, to promote the cleo
| ton OF Reilly; he met Reilly on the day before the
election: asked him for the money that was prom
lsed to pay Tor expenses, $4,000 tnen $4,000, then
$I500, but Reilly aha not see II; he said to Reilly
unless the money came the contest might as wen
END here; then Reilly said Mierson was to pay all
/ expenses ne (Cougnn) saw 10 money. The can
! didate, Reilly was defeated. THIS was all very well
among the principals. but did not pay the prIn ter,
! who, among other articles, supplied large and
small posters. gutter snipes, secret cir
cuars and German bills with the name OF
Charles ri. Reilly I0r Assembly and victory"
| ~ "a dor