The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-11
Application for Bail in the
Templeton Case.
PENALTY FOR WIFE MURDER.
Sentence of Hawry, the Adams
Express Robber.
CORPORATION COUNSEL FEES


oommonalry OF the city have been substituted as
plaintins by consent.
Judge Lawrence, In Supreme Court, Chambers,
yesterday granted temporary Injunction against
the Police Commissioners enjoining them from
throwing snow on TO the track OF the Christopher
and Tenth Street Railroad Company. The COM
plant Is that the police In evelling the snow, In
accordance with the recent ordinance on this sub.
ject have bockaded the track. There VIII,
doubtless, be a prolonged legal wrangle over the
matter In the Courts. The case was set down for
hearing on Friday next.
In the United States Circuit Court, Criminal
hde, yesterday morning, before Judge Benedict,
hter the petit Jury had been called, Henry w.
s0mers, indicted for embezzlng letters rom the
Post ONCE, pleaded guilty ana was remanded for
sentence.
In the case Of Deputy Customs Collector Colonel
Robert Des Anges, who has been jointly indicted
with Gustave W. Ball, Lafayette Graz and Charles
[. Lawrence. Tor completely in the recent silk
smuggling Frauds counsel stated that his
case had not yet been placed upon the
calendar; that his client was very anx.
lous TO have the case tried, and he would,
therefore, move to have 1t placed the calendar.
Judge Benedict said he had no power to order the
Ease upon the calendar. Assistant District At
Iorney Purdy explained that Des Anges was
indicted with some others, who were being extra
dtted and that they wished to try them all
together Counsel then moved to have Des
Agnes tried separately, but the Court denied the
motion. Counsel then sought to have his client
discharged on his own recognizance, which was
also denied, counsel being at liberty to renew it
t some future time.
THE TEMPLETON SHOOTING CASE.
The return to the petition Of w. c. Templeton
Tor bail fer his son, Duncan D. Templeton con-
viced in the General sessions Of an attempt to
murder his wife by shooting her, and sentenced to
the State Prison for seven years and six months,
which Judgment has recently been set aside by
the Supreme Court. General Term, and new trial
ordered, came up yesterday before Judge Barrett,
N the Court OF Oyer and Terminer.
In presenting the case, Mr.. John d. Townsend,
who appeared on behalf OF the prisoner, stated
On the 18th OF November, 1873 Duncan D. Temple
ton was arrested Tor shooting at and manning
his wife; that on the 1st Monday Of December,
ls7S he was indicted therefor in the Court OF Gen.
eral Sessions; that he was tried on the 18th OF
April, 1874, before Recorder Hackett; that on che
10Th OF the same month he was convicted, and on
the succeeding day sentenced. as stated above;
that on the trial Drs. Meredith Clymer and John
D. Moore testified that In their belief the pris-
oner was OF unsound mind ct the time OF
the shooting; that during the progress or the
trial many exceptions were taken; that upon
such exceptions application was made to Judge
Lawrence for writ OF error and stay OIL proceed
inRs. which were granted; That on the 10Th OF
before the General Term OF the Supreme Court;
That on the Goth OF The same month decision was
judgment OF the General Sessions and ordering
Lew trial; that on the I'd inst. the District Attor-
from the Judgment OF the General Term to the
Court OF Appeals. and would bring the case on FOR
preliminary facts, Mr.. Townsena contended ' tess
there were abundant grounds Tor admitting the
were that Tempieton had already been conflned IN
the City Prison Tor over fifteen months that upon
the trial OF mis- case abundant evidence had been
presented showing that he had Always been OF
weak mind; that Jour years prior to the shoo.lng
his lather's family physician had recommended
that ne be sent TO lunatlc asylum; tnat he now
stood greatly in need OF careful medical
attention. exercise and air, and that be Is
able 10 furnish good ana sufficient bail 10 insure
bis prisoner at trial and Tor sentence. MIR. Town.
SEND then proceeoed TO read an atidavlt OF Dr.
lortn that he has known the prisoner ior the last
three and a-half years; that he had personal
knowledge OF his erratic conduct during sucn
time, ttat he then formed and expressed the
opinion that he was not oil sound mind and iuGg-
ment; that ne examined hm on the 5th inst, and
found him physically III bad condition. -nour-
shed and needing air and bodily exercise his
extremities cold, cutaneous circulation sluggish
hard cough, throat congested his right lung
diseased, heart irregular and nsteady In action;
that he complained OF intense headaches where
that ne found him incapable OF a continuous train
81 thought; that his health was rapidly oeterIo.
IN some institution where he would receive proper
care and attention. The affidavit closed by stating
that TempletOn's symptoms we're being greatly
Aggravated by the painting Of the interior Of tue
prison. Having read this a1idavit Mr.. Townsend
referred to the provisions of the Revised Statutes
giving authority to the Court to unit TO bail in
Cases where prisoner mad been convicted and q
writ OF error granted, and said the only question
TO be determined by the Court was whether the
lacts In this case warranted the Court IN accept
ing bail which would insure the presence OF the
prisoner when called ior
District Attorney Phelps opposed the applica.
lion on the ground that neither the mental nor
the physical condition OF the prisoner required
TINS interposltion OF the Court; that the appeal
taken to the Court Ol Appeals would be heard In
few days, and that the latter, in such cases. aid
not long delay It's decisions. He stated further
tnat the defence OF insanity was OF the lightest
Kind, ana that the exceptions taken upon the trial
dld not materially affect the question Of the prs
oner's guilt.
Mr.. townsend replied by reviewing the testi-
meny and reading tue cnarge OF Recorder Hacketr,
ana ne Insisted that neither the evidence nor the
charge warranted giving u verdict OF guilty.
Az the conclusion OF the argument, which was
Protracted some time longer, Judge Barrett took
the papers, reserving his decision.