The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-13
THE COURTS.
Important Criminal and Civil Suit
Decisions.
TENIPLETON REFUSED BAIL.
Argument in the Suit Against
Harry Genet.


Patrick Rooney and Thomas A. Groom, Indicted
by the Grand Jury OF the United states Circuit for
having falsely sworn as bailsmen that they severaly
and separately owned certain property in this city
and In Brooklyn pleaded guilty on arraignment
yesterday. Judge Benedict remanded them for
sentence.
Abrat am Gardner yesterday pleaded guilty to
an Indictment charging bin with emtezzllng let.
ters, in the United states Circuit Court Remanded
for sentence.
Daniel Barrett, Indicted for receiving property
stolen from the mails yesterday, in the United
States Court, pleaded guilty 10 the charge. Re-
manded for sentence.
Maria Alquair yesterday brought suit IN the
Marine Court, Part l. before Judge Spauiding,
against August Bleau, for Islander and defamation
OF character. There was no defence, and the jury,
by direction OF the Court, directed verdict for
the plaintiff In $1,000.
TEMPLETON NOT ADMITTED TO BAIL.
In the case OF Duncan D. Templeton, convicted
IN the General Sessions OF shooting his wire with
intent to kill her, which judgment was reversed
at the General Term and new trial ordered,
motion was made n few days since by Mr., John ID.
Townsend, the prisoners counsel, to ADMIT him
Barrett, IN the Court of Oyer and Terminer,
before whom the motion was made, who heard the
argument, gave his decision yesterday denying the
application. He gave as his grounds for refusing
the motion that within ten DAYS the case would
from The decision Of the General Term, and that
the new trial was granted simply on an
toers law IN the soas
doubt as to whether It influenced the
vera,ct. He stated that he had conferred witn
the judges who gave the decision at the
General Term and they all agreed that, under all
the circumstances, The prisoner ought not in the
"a nff hn ftvp,f 70 hnti
II the prisoner Ill ne could obtain the benefits
OF the hospital exactly the same as II the Judg-
fore leave the matter where it stands until the
decision OF the Coult OF Appeals, and .or this rea-
son he denied the oail, dismissed the writ and re-
manded the prisoner.
THE SUIT AGAINST HENRY GENET.
In February. 1874, suit was Instituted by the
city against Henry W. Genet TO recover money
alleged to have been obtained by him raudulently
from the City treasury, under pretence OF using
che same in building the Harlem Court House.
The complaint alleges that he drew from the
Treasury s24i,5sO As on the representation that
the same was due for services, labor and
material in connection with the construction
OF tins sun he appropriated over $4,000
Of tnis amount that the suit is brought.
AL OF these allegations were OF urse specin-
Inc supreme Court Circuit, calendar Tor trial, and
subsequently, motion was made On behalf or
Genet 10 have TIE case sent before referee. This
motion was denied and an appeal was taken to the
General Term, where the case came up for argu.
ment yesterday before Judges Davis, Brady ana
PANELS. II was urged on oenalf OF the appeal that
the trial will involve the examination oil long &C.
count; that every account en- file in the Fnalce
Department or elsewhere for the work and mate.
rails question viii have to be investigated; that
ali the vouchers viii have TO be overhauied, and
finally tha there were no lacbes on the par. OF the
defendant IN making the motion. The points
raised III opposition were that this Is an action
for tort, ana therefore not Ieferrabie; that the
evidence must essarily be Of general char &C.
ter, peculiarly OF gind TO be passed upon by
jury that a thief does not render an account or
property stolen Dy himself, and that the i4yest:-
cation must require the decision OF difficult
questions OF law wn ch will not admit OF a refer
ence. The Court TOOK the papers. reservins It's
decision.
SUPREME COURT GENERAL TERM
Before judges Davis, Brady and Daniels.
IMPORTANT DECISIONS IN CIVIL AND CRIMINAL
CASES.
Frederick Evers was tried and convicted in June
last in the Court Of General Sessions. of shooting
James Curran with intent TO tage his life, and sen.
fenced 10 three years in STATE Prison. Numerous
exceptions were taken during the trial by Mr..
william +. Howe, the prisoners counsel and on
such exceptions the case was carried to the Su.
preme Court, General Term, and new trial asked.
The sho otiDg was admitted, but justified on the
ground OF selfdefence. Recorder Hackett during
the trial led the prisoner this question, Now.
can you explain TO me tais theory, while Curran.
who was aDie 10 whip you. kept picking at you
for amusement, why should be have put his hand
IN his ochet alter giving you three terrific lcks
IN the iace-what was the occasion OF drawing
pist.l ~ An exception 10 this question was one
OF the exceptions taken In It's decision yesterday
rom the Judgmeas on appeal. TIE General Term
nolGs that lhc question was oDJecuonaole, mas
much rs IL called upon the prisoner TO furnsn the
Iesscn OF m0u'e io1 an act "nich ne regarded
do Fin some eodilg harm. Among the
otner exceptions we're objections to the admission
o. certain evidence, an objection TO the reading
OF an allidaviL made by the prisoner previous u
the trial end also exceptions 20 certain portions
OF the Recorders charge. Judge Brady wrote the
opinion OF the Court wnich sust4In3 tue eXcep-
tioDs taken by Mr.. Howe, reyefses the Judgment
below ana orders new tria'
TIL scHIEFLIS WIFE MURDER
George :. schiefm was convicted in the Court
OF oyer and Termner OF murder In the second
degree the victim or tie murder being BIS vile.
Their previous relations had been Of al unlrlendy
character, and botn were addicted to the OF
intoxicating liquors. The prisoners story was
that on the evening vi the assault be saw
his VIE under circumstances Indicating that she
nna SsSa f Ss was onered however during
the trial. The theory oil the defence was hat she
received her Injuries by striking her head against
tie stove. An appeal was taken RON the Judg
ment IN he oyer and Terminer 10 tine General
Term, where decision was rendered yesterday.
judge Daniels writ'rg the opinion OF tue Court.
The dec.son susiains the judgment OF the Court
below holding that neither OF the points pre-
seuted IN the prisoners behalf wOuid warrant q
reversal oil the verdict.
TIE BLACK FRIDAY SUITS.
on tic appeal brought by Albert Speyers from
the decision Of the Judge In Chambers holding
that The suit to ecover commissions lor his bro
kcr's purchases ON behalf OF Fisk & Could on
"Back friday could not be mainiained against
the estate OF FisE, tie supreme Court rendered a
decision yesterday holding that " can. This re-
verses The judgment Of the Court below
DECISIONS