The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-10
SIYGULAR INTERRUPTION TO A TRIAL.
Verdict Of Mansaughter IN the Fourth
Degree Against Philip Dwell.

The Farmers, Loan and Trust Company, as trus-
tees OF certain mortgages ~ the Erie Railway
Company, has nled in the County Clerks ONCE an
answer setting forth It's interest as such irus-
tee in the sait brought by the Attorney General
against the Erie Railway Company. On such an
swer being Med Judge Dononue yesterday issued
m order extending the receivership to such trust
mortgages.
John ]. Mcnamara, ONO. Isl South street, was
yesterday brought before Commissioner Shields
on q charge OF doing business as : re tail liquor
dealer without payiDg the special tax required by
law. he gave $500 bail for examination 1t is
the intention o. the collectors OF internal revenue
10 prosecute vigorously this class OF cases.
In the suit brought BY Henry C. Ferguson
against Louise Ferguson for divorce, on the
rround OF adultery The Acts OF which have been
heretofore published, Judge Lawrence yesterday
rave decision upon the petition Of the mother
for the custody OF the child He allows the child
80 remain with its father but with permission for
the mother to see It at proper times. AS to the
question or almony aud counsel lee he directed
an examination before a referee, Mr.. D. c. Calvin
being named as such referee.
In the suit brought by Catherine Donovan
against the Compagnie Generate Transatlanrique
for IS, 900 DAMAGES Tor loss OF case OF merchan-
disc consisting or vevets, silks, emoroideries
and millinery goods, shipped rom Hayre for this
~
that the goods in question were struggled goods.
A motion was made efore Judge Van
Worst at Special Term OF the Superior Court, to
strike out such averment IN the answer. In his
decision yesterday Judge Van Worst granted the
motion, holding that the purpose OF the plaintin
had nothing to do with her contract with tile de-
PENDANTS, and did nor relieve them from their
obligations as common corners.
Eugene A. Heath mas brought suit against lneo-
al mn 40
tain shares II the Heath Il Smith Manufacturing
Company. Nearly all the testimony sub
mitted IN the trial OF the yesterday before
Judge Freedman, OF the Superior Court, when
Heath was arrested a warrant issued by Judge
nxoy, charging him with perjury. On the arrest
81 Heath the trial was at once suspended. IL Is
understood that the alleged perjury refers 20 the
testimony given by Heath at the trial Of James II.
Ingersoll before the Court or over and Terminer
regarding the endorsement OF the names Of Heath
smith upon certain warrants on the city
treasury.
In the United states Circuit Court the case or
The Milwaukee and st. Paul Railway Company
Va william Barnes and others came up for argu-
ment yesterday before Judge Blatcnford cross
bill had bee filed by Ar. Barnes for the purpose
OF enforcing the rights OF thiro mortgage bond
holders OF the company IN question, under deed
NJ trust which had been executed 10 him. The
amount involved IN this litigation about
s1loo,o00. The facts OF me case have been
already fully reported in the HERALD. the ground
upon which the cross bill is chiefly resisted IS that
the title OF the railway company TO its property
has, IN different forms and IN many instances, be-
come res adjudicdta IN the United states courts
OF Wisconsin and in the federal courts az WASH
ingtor. MT. r. n. Bangs ana ex-Judge Porter APP
pear as counsel Tor the railway company, and
Francis Fellowes. NJ II. Cirpenter and J. D.
stew for Mr.. Barnes
THE MURDER on THE ROCKS.
The trial OF Philip owen for the murder or
James Orr, in April last, in bis snanty on the
rocks, between ssventy-eizhth and seventy-ninth
streets, near Fourth avenue. was resumed yester.
ray before Judge Davis IN the Court or oyer and
rerminer. A large crowd thronged the court
room. Tue prisoner occupied seat beside
Mr.. W. r. Howe. his counsel, Dut showed much
less nervousness than on the opening day.
Mr.. Darling. OF the Fifth Avenue Hotel. and
other witnesses testified 70 me good character
OF the prisoner, when closed the testimony.
Mr. Howe then commenced 20 sun up for the
defence. After aiuding % the good character
Of the prisoner. which. he said, should 70 great
way in his favor. he recitea the details OF tho
TRAGEDY. He insisted that the deceased, having
become crazy from the effects ~ ilqu3r, attacked
the prisoner, wno Killed him ~ sst-eeience.
No one saw the commission " tae deed but tue
An-oeeing one; 0ut tie circumstance. ftne case
certainly corroboratcd Tue prisoners version OF
the sad anair. lie wOud say nothing about the
law applicable 70 the case. but would. win en-
TIRE Confidence leave tnis 70 the learned Judge.
me facts Of the ne ouid WIN IKE confidence
leave ~ the gOOJ ludg nent q tie Jury. lie spoke
An nour ana a mai. AMI earnestly lmp.orea an sc-
quilta. anu insisted That u they e0uld not alto
Rether acqult the most tuev could 90 was 10 con-
Wet Of mans!aughicF IA one ~ tae ltsser ne9rees.
Mr.. Rollins followed Ia speech o. about equal
length ana earnestness. lie pronounced tie Etl-
ing Of orr dehDera,e' coo. oloQaea ngruer' ana