The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-29
THE WARDS ISLAND LUNATIC MUIR
DER

DEN
The trial OF John Powers, charged with the XIII
ing OF lunatic, named Gustave De Vernon, at the
Wards Islaua Lunatlc Asylum was resumed yes
terday In the Court or oyer and Terminer before
Judge Brady. There was q large crowd present,
showing undiminished interest In the trlal. The
prisoner sat by william r. Howe, his counsel look
Ing as cool and unconcerned as the opening DAY
OF the trial. The evidence for the defence was
continued. The first witness called was Town.
iion, who testified that Van Hammock had
told HIM that ne had sat upon the de-
ceased's head. ana held him by his hands,
. statement, however, that Van Hammock, on
being recalled emphaticallY denied having made.
the violence OF his acting and the trouble he had
10 taking him TO the station house. Sergeant
Linden testlned that when De Vernon was
bfougut 70 tle police station ne was very violent,
and during the night attempted 90 hang himself,
but was cut down before lie was extinct. Several
OF tue Keepers or the Tombs Prison testified that
when De Vernon was brought TO the Tombs he
was very violent and almost uncomfortable. Va
rious keepers or WARDS Island Lunatlc Asylum
were called and swore that De Vernon very
violent wnile confined In his cell at the Asylum,
and violence had 70 he used TO restrain
Inn from doing himself and others injury.
The medical testimony followed the above
post mortem examination. testined that the marks
OF bruises were not distinct; there was duiness Of
the chest with other SYMPTOMS suggesting con-
sampton the liver indicated the man to be q
drtnker; alcoholic nuid had tendency 10 produce
pneumonia; he noticed the fracture Of the RIBS;
presslon no thorough examination was made;
there was no particular Inflammation under the
locality OF the bruises. Drs. Herman, Madlgan
and Macdonald also gave their evidence, but moth
ing additional o. Importance was elected. The
rest OF the day was consumed In examining wit
nesses 70 tine good character OF the prisoner
Some nall dozen were called who all gave hlm an
Major nennesseY. ne testified that he had known
Powers eighteen years
..Wnat !. ms character?,' asked His Honor.
"None could be better,r replied the Major. ~
know every incn OF him. was the first TO 20 TO
toe delenee OF my country In the late hour OF
peril and he was among the irst TO oner his ser
vices 20 show that freshmen can make good
soidlers.u (Laughter.J
- see 1t is difficult TO restrain your PATRIOTISM
Judge Brady turning to the judge "knows
my patriotism. While | went TO The war Mr.
Howe went into your pocket, which was about as
good tRenewed laugnterl
Dr. Leo, one OF the deputy coroners, VINO had
been subpmnaed, took occasion to say that Comp
tr0er Green mad not paid him for post-mOrIem
examinations. and that u was only respect Tor tRe
the Court sat TIL late hour, hoping 10 nnsn
the trial, but this being found problelnatical, an
Meantime Judge Brady cautioned the jury 10 read
nothing about the case In tue papers or talk with
any one on the subject.
SUPREME COURT GENERAL TERM)
DECISIONS
The Supreme Court, General Term, sent in yes
terdaJ q batch OF decisions In cases recently
argued and then adjourned for the term. Below
are abstracts OF some OF the more important de-
cisIons:-
THE PACIFIC MAIL SUBSIDY.
Pirst in importance was the decision In the suit
OF the Pacific Mail steamship Company Richard
b. irwin, Tor the recovery Of the money intrusted
% him iOr the Dui pose OF Obtaining the secured
subsidy for mat company. IL was claimed by Ir-
win on his defence that extraordinary dscre-
tionary powers In the management and disposal
OF the corporation money had peen gwen 10 Its
President, Alden 3. stockwell aud Of the money
which u charged TO nave been expended by
TelluaulHne0
all claims TO the mOneY In ques-
ton for consideration that we're held
against Stockwell, The defendant IN the suit. aud
all others. IL was moved by the plaintiff that thiS
portion OF Irwin's defence should be stricken out
a. irrelevant, and tue Court below denied the
motion. An appeal was then taken TO tue General
term. Judge Brady. who delivered the opinion IN
the latter court, holds that the answer IL proper
o. a defence by way Of accord aud satisfaction. IL
may be binding on, II not IN writing ana tho de-
fendant was not bound 70 set out a.s proof Ia his
pleading The learned Judge condemns the grow
ing love TOT experimental motions. Ne says
n dS Sqocss. p an dR instructive Sa ana IN
Outraged There are other and more economical
methods for the acquisition OF legal knowledge.
BOARD OF ASSISTANT ALDERMEN.
At the last November election Patrick foner and
William H. Demarest, who were candida es FOR the
Office VI Assistant Alderman. each obtained few
votes. They brought suit against Mayor Wick
ham restrain any proceedings on the part OF
tile municipal government uuti the organization
OF 4 BOARD OF Assistant Aldermen, claiming that
the act ~ which that Board nad been abolished
was not constitutional. demurrer to TINS com
paint was sustained by the Supreme Court,
special Term, which Court dismissed the com
plant. Judge Daniels, in giving the opinion
81 The Supreme Court. General Term affirms the
action 81 the court below, and says that IN the
transfer OF the powers OF the Assistant Aldermen
20 tue Aldermen nothing mad been taken from the
CITY. In the constitution OF lS46 nothing con-
tinued the office OF Assistant Alderman Indepen-
dently Of the powers OF tRe Legislature over ".
Ihe constitution did mot provide Tor It's duration,
aud neither was 1t subject 10 the power vested W
the legislature over all municipal corporations.
Tue provision OF TIE act vi 1873 aboshing the
office OF Assistant Alderman and conlerring It's
powers on the Board OF Aldermen was, therefore,
within the authority OF the legislature and the
votes cast for the piaintlns were a nuliity.
CONrESTIHG RAILROAD COMPANIES.
In the suit brought by the CHRISTOPHER and Tenth
Street Rail CAD Company 70 restrain the Central
Gross. Town Railroad from running their tracks
across West street to the Uhristopher street ferry