The New York herald., 1875-12-25
gCPERIoR oouRr-sPEcLAL terra.
BY Judge Speir.
Kelley, ke., VS.. hiler % al Findings settled.
SUMMARY OF LAW GASES.

Judge Donohue announced yesterday that he would
endcavor "Wednesday next 70 give his decision on
the motion 10 forfeit the bail in the criminal ndic
ments against William NJ Tweed.
John KimmaItcr proprietor or the Lyon saloon, was
enJoined yesterday by Judge Brady, holding
Supreme Court Chambers, from giving any further
theatrical performance until he pays his license,
on behalf Of the American Grocer Publishing Asso-
citation application yesterday Judge Brady,
Supreme Court Chambers to enjoln the Grocer Pub
fishing Company from publishing the pnpor known as
The Grocer temporary injunction granted with
the usual order to show cause why It should not be
In the United States Circuit Court criminal branch,
William j. Kelley Of the carriers In the General
Post once Department, pleaded guilty TO the indiet
ment charging him with apDropriang tue contents oi
letter intrused to him 10 deliver and was reinandcd
by Judge Benedict for sentence.
The schoolship Mercury placed on inc uock q
the New York Balance Dock Company for repairs suit
brought against the city and the Commissioners Oh
Charities and Correction for payment OF te osL Judge
Iarremore before whom the suit brought yester-
day for trial decided that the MaNnlan case uid not
apply and he held further, that u the city was rot
liable the Commissioners OF Charities ana CORRECTION
were He directed judgment for the plaintiff for
S773 AZ, the full amount claimed, with interest
brought sui, against the city for his salary which
was tried yesterday before tho Judge In supreme
Court Circuit Tho ouly defence was that no proper
demand had made for the salary Comptroller
Green Judge Donohue ruled that the presentment OF
tho payroll with his name upon II was sufficient and
directed verdict lor the Iui amount chlmtu.
A rather curious case was tried yesterday before
Judge Donohue, in supreme Court Circuit Elker
Hyman charged Simon Abraham with buying goods
of him. representing that he was = L Goldberg notes
being given the OF Goldberg for the amount Of
tho bill The defence was that Goldberg dead but
the plaintiff DULY identified Abraham, as well as did
other Witnesses the man who bought the goods.
The hotly contested, Mcssrs Rankic and En-
glohart appearing for the plaintiff and Mr. g. w. Weant
for the defendant IL terminated ia verdict for the
plaintiff for $eGS IL being the lull amount claimed with
interest
Among the victims OF the St Andrews church dis
ascr was Michael Spillane boy thirteen years old.
Honore Corri2an, as administrators, brought suit
against tue city for 5000 damages Alter the opening
OF tho case by Mr. William n Mcnamara the plaintiffs
counsel, motion made by Assistant Corporation
Counscs Dean aud Miller to dismiss the complaint on
the pleadngs. II insisted FOR the motion that,
under the Maximllan decision, the city could not be
hold abo for damages; and further that the Depart
ment Of Build s possesses simply governmental !unc-
tons and IS not liable Tor neglect 10 perform snch lunc
tions Judge Lawrence, after examining tho authori-
ties cited granted the motion and directed dismissal
OF tho complaint
concluded yesterday before Judge Benedict in tho
Cnitcd States Circuit Court, criminal branch. This
suit one brought by the government against sam
uel w. Mard. who was indicted under section 339i
or the United States Revised Statutes for having In his
possession cigars which tax bad not been paid Tho
evidence behalf Of the government consisted Of tho
testimony OF Officers Drummond Konnoch and Porter,
OF tho Secret Service Bureau who swore that Mard ad
mttcd them that tho cigars though found IN the room
and under the lock and key OF Benson, were, new
erlhcless his and that they put there by him.
The defence rellod ON the alleged Illness of
this testimony and contended that IL was not sup
ported by any corroboratng circumstance. The trial
las cd four days and resulted in disagreement OF The
jury The jury stood eleven for acquitL and ono for
conviction the juror who refused 10 agree with
the othors alleging his that the defendant had
cigar stand in the Grand Central Hotel and that that
was enough for him Assistant District Attorney Eos
ter appeared for the government and exJudge Often
hoefer and exJudgo Bfdseye for the defendant