The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-04
Trial Of One Of the Alleged Adams
Express Robbers.
STORY OF THE PROSECUTION.
A Suit for Damages Against The Third
Avenue Railroad.
Writ Of Certiorari Granted for
Carl Vogt.

How Mercantile Business Is Con-
Quoted.
rho case OF Carl vogt was again brought into
Court yesterday on application Tor writ OF GER
tioran pending the warrant OF his extradirion BY
the President ana which was recommended BY
the Commissioner who took final testimony in the
case under the new ExtraditiOn treaty between
this country and the Belgian government Prs
oners counsel win test the constitutionality OF the
treaty, and hence the application. Judge Batch
ford granted the order made returnable on Mon
day next
Timothy Ryan was yesterday arrested ana
brought before Commissioner Shields, charged
with having In his possession quantity OF coun-
teffet i've cont nickel pieces. with intent to pass
the same. He was hold for examination IN 500
bail.
On Monday morning last. At the opening OF the
Court Of Oyer and Terminer, forty-0ne out or the
panel OF 100 jurors summoned to appear failed 70
answer. Judge Barrett issued orders 70 them to
appear before the Court yesterday and show
cause why they should not be punished for con
tempt Nearly all obeyed, ana IT was shown that
seventeen OF them had not been served until late
in the afternoon OF the day which the Court
tiAcates from their physicians OF their inability
to attend, showing an extent OF sickness in tho
city that well might alarm the fears Of the Board
Of Public Health. All OF course were excused.
The Supreme Court, General Term, was mainly
occupied yesterday hearing an argument In the
Ruit brought by Charles B. Wood against Lucy d.
FISK. wife Of the late Colonel James Fisk, Jr. az
to the liability OF herself ADMINISTRATIVE for
bond given by Colonel Fisk and William B. Brad
ford, to secure judgment against Mr.. Belden
on appeal. Alter hearing tho argument the
Court took the papers.
Judge Donohue, in Supreme Court, Chambers
made an order yesterday In the suit OF the New
York State Loan and trust Company, against the
Cook County National Bank OF Illinois, appointing
Coles Morris receiver OF $4,000 in bonds delivered
by the Chicago and Pacific Railroad Company as
collateral security for loan to the Cook County
Bank on notes, which notes were subsequently
deposited with the trust company % collateral for
q loan.
Suit was brought against the city by Potter
Masterson for salary Tor last October as deputy
clerk OF the Seventh District Civil Court. Judge
Lawrence, OF the Supreme Court, before whom
the case was tried yesterday, directed verdict
against Mastcrson, on the ground that he was not
legally appointed to the ONCE
The suit OF Hannah Oberman against the World
Mutual Life Assurance Company Tor 81, 900 ins1l-
ance on her husbands lie was tried yesterday,
before Judge Van Vors,, holding Supreme Court
Circuit, Part 2. verdict was given against the
company Tor the full amount claimed. This is the
third time the case has been tried, and each re-
suited in q verdict for the plaintiff
THE ADAMS EXPRESS COMPANY ROB
Berry
A safe, containing 500 600 in greenbacks ana
State bonds ana diamond ring valued at $500,
was on the 18th OF January last stolen from the
of1ce OF the Adams Express Company, No. 50 Broad
way. The robbery at first was involved In mys-
terry, but tho subsequent efforts of the police,
Rbettcd BY the confusion OF one OF the suspected
parties, unraveled the mystery and showed who
planned the robbery and who shared the proceeds
Moreover, through this confusion most OF the
stolen property was recovered. As already stated
In the HERALD, the parties arrested were DANIEL
Hawry Patrick Noonan and John Sweeny. The
last named party, seeing no other avenue OF es-
cape, turned State's evidence. According to his
story the sale, being safe sent from edmond,
Va, and numbered e.75s, was received
ny them at the depot at Communipaw,
N. j., duly delivered at the once in this
city, taken again from the ONCE, and while they
were making another trip to Communipaw broken
open, Its contents extracted and then consigned to
the bottom of the North River. This story was, OF
course, denied by Hawry and Noonan; but the
Grand Jury thought there was SUFFICIENT ground
Tor their Indictment. The trial OF Hawry was set
no1n for yesterday In the Court OF oyer and Ter
miner There was large crowd in attendance.
The prisoner, rather progressing looking
young man, with bushy black batr and O mus
tache, sat BY his counsel. Messrs. A. Oakley Hail,
William +. Howe and A. IL Hummel. He looked
smiling and confident, and IN imitation or Henry
Ward Beech6r, or possibly 1t was an original
Idea OF his own, TOOK notes Of the testi-
their
Of witnesses. The prosecution was represented BY
Assistant District Attorney Russell. BY whom was
tendcnt OF Adams Express Company. VINO likewise
occasionally whispered suggestion into the ears
After the case was called Mr. Hall sought to
have the trial postponed on account Of the prob
ability ofthe case occupying the Court for three or
four days, and his engagement on Friday to press
nus charges AGAINST the Police Commissioners and
parties at Police Headquarters beyond the statu-
tory time allowed lor retaining prisoners before
Judge Barrett Thought ns tnat the wheel. OF
justice should not be blocked on 40
c9Tn; % Of any examination as to direliction
proceed at once II Mr.. Hall should have to be
absent during portion OF the trial he thought
the hands OF his able associate counsel Mr.. Hail
smiled approvinRly and his associate counsel gra
clously bowed IL acknowledgment OF the compli
ment.
1t took but short time TO get Jury. All that
the prisoners counsel wished to be assured OF was
that none OF them knew the prisoner or owned
stock IN the Adams Express Company while Mr..
Russell was content; on the single point OF their
non acquaintance with Moses Ehrch. the alleged
receiver OF a portion OF the stolen property. me
Jury being found satisfactory Mr.. Russell
proceeded TO open the case Tor the prosecution.
He reviewed the case at length and In q clear and
S con, nn,n manner placed us prominent
upon the previous mpecunious condition OF the
prisoner and then told or his munifcence to GER
tain lady Of his acquaintance and how under pre-
fence OF having iaen heir to fortune through
tle death OF an aunt ne purchased bill OF
exchange on Sew orleans and told his lady friend
10 get ready to accompany HIM on visItto the
CIescent CITY. In the course OF his opening he
expressed his regrets at having to permit one OF
the accused to turn states evidence. but he
tnougnt IL better that one rogue should escape
rather IMAM all should 90 unwhipped OF justice.