The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-09
THE COURTS.
The Civil Justiceship in the
Annexed District.
ANOTHER MURDER TRIAL
A Jury Enpanelled to Try
John Reilly.


One OF the most interesting trials that has occu-
sed the attention OF the courts for some time, the
quo warranto proceedings instituted by the Peo-
pie OF the State OF New York against Judge Fana-
gan, is set down for 10 day, before Judge Dono-
hue, oil the supreme Court. The issue is to try the
title OF Judge Flanagan TO his ONCE as civil JUS
lice. 1t Is claimed by the prosecution that the
election was void through not complying with the
requirements oil the law governing such election.
and the OBJECT OF the suit is not alone TO declare
the election nudity, but TO pave the way Tor
new election. II is claimed by Judge Flanagan
that his election was Legally conducted and IN no
respect in violation OF the law. The whole matter
depends upon the construction 70 be given TO the
law governing this election. There are able coun'
SCI employed on both sides, General John Cochrane,
George NJ. Curtis and Mr.. solomon appearing for
the People, aud David Dudley Field and John B.
Haskin Tor Judge Flanagan.
Application was made yes erday IN supreme
Court, Chambers, before Judge Lawrence on behalf
Of the Brooklyn Bridge Company. for an order
directing the sale oil certain lois in Water street
belonging TO Grassett Lanney for the use OF the
bridge. The application was granted.
Daniel E. Donovan had in his possession 81, 900
bond issued IN advance OF assessment by the
Trustees OF Morrsania. Application was made
Yesterday on his behalf in Supreme Court, Cham
bers, before Judge Lawrence Tor a mandamus
against Comptroller Green directing the paymenr
Of the BOND, the claim being that the city was
liable under the annexation act. The ground OF
opposition was that the claim had not been audit
I'd by the Finance Department. Judge Lawrence
held that this defence was untenaple and directed
the payment OF the bond.
In the case OF Lelha who applied for a manda.
mus Tor his reinstatement as q member Of the
spanish National Benevolent Society, Judge Law
renee, In supreme Court Chambers, yesterday,
denied the application. The basis OF the denial
was that the relief sought ior IN court had not
been demanded OF the society, but leave was
given, however, to renew the application on fur.
lher afidavits.
Thomas II. Langdon, q clerk in the Court OF
Common Pleas, to which position be was ap.
pointed by one OF the judges Of the Court, had
trouble about his salary. The Board OF Apportlon-
ment under the two per cent act locked his salary
twenty per cent. and ne drew his pay, but under
protest, at this reduced rate. Through Mr.. Ell
lot SANFORD his counsel, suit was brought to re.
Iover the twenty per cent withheld from his sal.
ary Judge Mcneil ordered q verdict for the full
amount claimed, with in crest
THE DUANE STREET MURDER.
John Reilly was called up for trial yesterday be-
MINER on an Indictment for murder IN the nrst
degree. According to the statement OF the prose-
eution the prisoner, who had been drinking gooa
DEAL visited the dance house. No. 95 James street,
IN the 18th OF December last, where he got into
controversy with Michael Schuman. The difficulty
finally terminated in Reiy's stabbing Schuman
Jour times, producing Injuries which resulted IN
death. The prisoner being without counsel Judge
Barrett assigned Mr. William F. Kintzlng TO con-
duct the defence.
trtol
prisoner stated that the two comrades OF the pris
oner VINO were with him on the night OF the muir.
case, were still absent from the city and there was
no prospect OF tneir return. Judge Barrett said
OF anv very great importance. and that the case.
having already been postponed for some weeks IN
order 10 allow time Tor the procurement OF the
vi nesses, it must now DE proceeded with.
The work oil gerting Jury was al once entered
upon, but progressed slowly on account OF the
rigld examinations OF the Jurors by Mr.. Knitting,
who, although assigned counsel labored as
sealously and sElllully In the prisoners oenau as
though he had been retained oy a millionaire
client. Tue result was tnat it TOOK all he alter
noon to get jury. The case Will be opened this
morning by District Attorney Phelps, VINO also IS
assisted By Mr.. Lyon in the prosecution. II is
longer
GUIDE TO REAL ESTATE OWNERS.
case interesting to real estate owners came
before Judge Loew sitting in the Equity Term OF
the Common Pleas. yesterday. In September. 1874,
Julia Oatley rented OF Mrs. LeQrain Tor I'VE years,
premises No. 20 West Thirty second street, with
the appurtenances,r and took a lease, out neg
ected 10 record 1t. At this time Mrs. Legrain was
the owner OF the lot adjoining on the west OF No.
20. About December last Mrs. Legrain sold the
adjoining lot 10 John Fettrecn. and in the deed to
him Mrs. Legraln granted onto Fettretch the
right. las a covenant running with the land and
not IN lee simple" 10 use Mrs. Oatley's wall az
sparty wall, and also the right to carry the said
wall back the depth OF his. Fettretch's lot and TO
raise rs neiSht, and at once Fettretcn COM
menced 70 place the beams OF ms house
INTO sucn wall ana TO continue IL tue
length OF ms lot and 10 the nefght he coutem.
plated building. -, Mrs. ,oaues commenced an
yers. ior an injunction, ana yesterday the case
came up .or lrla. Messrs. Brgut FetiFetch
appeared lur me deiendaDt, and cOntenGed mat
the pia ntrs lease not oeIng recorded WAS VOID
a. 10 delendant's suit; that toe plaintiff had
STOOD oy and permitted the building OF SAID wall
and was equiiaOiy estopped nom complaining;
tBat ne pdintin had gwen her consent 20 the
erection ano That the erectlons were not QUIZ
upon plaintiffs iand but upon the land o! de enc
ant II beng coutcnGed that some four Or nve
years ago the divlsion line ran through me point
Cd which the PLAINTIFFS wan bulIt. On
the part or tie plalntlr, Messrs Hall 4 blandy
contended. IN answer 10 the objections raised,
that me lease was valid as TO ali but subsequent
purchasers III good iatn, aud that ;hs DEFENDANT
was not purchaser IN good ialtn," as ne mad
actual notice oil plaintiffs lease that rne principle
OF equitable estoppe dld not appiy, az the rights
Claimed by defendant could not De Obtained "
parole license; pat. being grant Of an interest
Ia land, must be IN writing. aud mat ANYWAY the
pl3lntin mad denied any such Incense aad tnat AZ
tue time paintir obtained ner ease the DIVISION
line was on the outside o. the westerly wall OF her
house. Judge Loew refused 10 Rrant the ueend-
anus motion 10 vacate tue temporary Injunction,
but gave until Thursday 10 supply briefs on
cept OF which he would decide the question OF In
Junction
RENT OF ARMORIES.
In July, 1866, the Board OF Supervisors leased
nom Charles B. Wood the second and third floors
OF No. go sixth avenue as armory and drill
room at rental OF $4,000 year. Subsequently
the rent was reduced tn 90 500 and the city 70