The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-30
THE COURTS.
Unc0nsii!u iOnalty Of the Law Trans
ferring Causes.
VALUE OF MEDICAL EVIDENCE.
New Trial Granted in the Tenn
pleton Case.
A SLlNDER SUIT AGAINST RUFUS HATCH.


John DeWint Hook. one OF the executors OF the
late Peer DeWnt, brought suit against the city
for Sl5,oc0, claimed to be the value OF building
torn down in consequence OF thc Church street
extension. The building was sold at rubhc auction
by the city Tor 81, -OO-an amount. it seems, tina.
did not satisfy the legaees OF the estate. The case
was tried before Judge Lawrence, holding
Supreme court Circuit, and resulted Ia verdict
OF 5000 or the pla'ntf.
In the Court OF Common Pleas yesterday Judge
Loew rendered decision in the suit OF Goodman
VS.. the Dry Dock, East Broadway ana Battery
Railroad Company dsmisslng The complaint. the
suit vas brought to recover So 600 damages for
the death of plaintiffs wife, VINO was knocked
down and Killed by the horse OF one of the COM
panys cars. Judge Loew renders his decision
the ground that the injuries sustained by plaintiffs
wife we're caused Ivy her own negligence she hav-
ing attemI ted to cross the street directly IN front
OF the car while it was in motion.
An adopted daughter Of the late James p. Day
was, IN accordance with the directions in his
will paced in the Academy or the Holy cross
His WIDOW yesterday applied TO Judge Donohue, IN
Supreme Court Chambers, for an order directed
to the ladies in charge OF the institution TO PER-
mt the child TO visit her during vacations. The
Judge took The matter into cJnslderation. rcsery-
ing his decision.
John II. Mckinley was before United States
Commissioner Osborn yesterday, charged with
conceailng his assets from his creditors. He
waived an examination and Was held in $1,000
bail TO await the action of the Grand Jury.
The supreme Court, General Term, adjourned
yesterday sine die, which probably means that
there Will b, no session OF the Court Tor several
weeks, as 1t will require this time TO examine and
give opinions in the cases argued during the term
AND 1rTr1 f1nI I,r,nF ct.,ft or
ions was given yesterday, however, an epitome
of The more important OF which will be found be-
low. They also issued new rules for the Supreme
Court which Will be found sewhere.
The examination before Commissioner Osborn,
In the case OF George W. Ball, charged with aiding
IN the concealment of imported goods, with in.
tent to delraud the revenue, and which was TO
have been entered on yesterday, was postponed
I'LL this morning in consequence of the absence of
the United States District Attorney.
United States Commissioner Shields he'd an ex-
animation yesterday In the case OF Francis Klepp
and Carl Johnson, the former charged with
smuggling cheap German jewelry and the latter
with having it in his possession. As there was
no proof TO show that the goods were smugged,
the Commissioner discharged both men.
SUIT AGAINST MIR. RUFUS HATCH.
The supreme Court, General Term, has decided
IN the case OF the SANDER suit brought by William
G. De Hart against RUFUS Hatch. question as to
the power OF the courts to transfer cases to the
Marine Court. Mr.. De Hart, VINO is In the employ
OF the Pacific Mail Company, charged Rufus Hatch
with having slandered him and thereby prevented
him RON being advanced i'll bis profession. lie
brought suit in the supreme Court tor 500, 900
damages. After issue joined IN the case the Spe-
Cal Term az Chambers, on motion OF the plaintiff,
granted an order transferring the case to the
Marine Court under the laws authorizing any
court OF record TO SEMI for libel, SANDER and
the Ike TO the latter Court. the defendant aD-
Dealed from that order. Judge Daniels wEo gives
the opinion OF the Gene al Term, Folds the act
authorizing tae transfer OF such cases TO the
Marine Court to be unconstitutional aud weld.
The case, therefore, reyerts 10 the supreme Court
THE TEMPLETON SHOOTING CASE.
In the case Of Duncan o. Templeton, who was
convicted of shooting his wife, Ida Maud Temple
ton, with intent to Kill her. and sentenced by Re-
corder Hackett in the General Sessions to seven
years and six months Imprisonment in state
Prison, and for whom writ Of error was sued out
BY Mr.. Joh1 d. Townsend, his counsel, with q
view TO obtaining new trial, and the case, on
such writ carried to the Supreme Court, General
Term, an important decision was rendered
yesterday 10y the latter Court, reversing The
Judgment in the General Sessions ana ordering
new trial. Two opinions were given In he case
respectively by Judges Daniels ana DAVIS In the
former opinion. winch is an elaborate one and re-
viewing all tie points raised Oh both sides Judge
Daniels GoToeS most OF his space In discussing
the plea o. insanity iDterposed by the defence. lie
takes up the testimony Of DR.. Clyper called as an
expert, and the charge 70 the jury that no more
importance was TO be attacted to tile testimony
Of this witness as bearing upon the question OF
sanity than what Is due to tue testimony OF q
sensible and honest gentleman He holds that
this, though not a positive direction to the ury
was 4 decided opinion IN the case and, OF curse.
having weight with he jury. in mis- view this
direction by the RecorGer erroneous. mas
much a under the well settled rules OF law the
effect OF competent evidence is a matter to be dis
posed OF by the jury under all The circumstances
and probabilities OF the case. That Is par tcularly
their province, he holds further, IN the trial
OF criminal charges where the question
OF gult Is exclusively 10 be decided
by them, and they must be lett at
liberty to exercise their judy ment on the subject
wltnouL Deing'controed by any POSITIVE direction
from the Court Judge Davis, in his opinion,
takes substantially the same ground. lie holds
that the evidence OF medical experts is worthy OF
more reliance than that OF other witnesses, and
that the in In all cases Is to determine what
weight is 10 be given such testimony: but that TO
instruct them that the opinions OF experts are
titled 10 10 greater weight than the opinions OF or
binary persons Is 10 overthrow the theory OF the
law and to establish rules OF evidence this SUBJ
ject He thinks that the Recorder committed an
error in his charge in this respect, and Tor this
reason he concurs with Judge Daniels In the or
dering o. a new trial.