The New York herald., 1875-03-19
THE COURTS.
Further Hearing in the Templeton
Child Case.
IMPORTANT TO PROPERTY OWNERS
Comptroller Green's Game Of Le-
gal Battledore.
A RAP AT POLICE JUSTICES.

A RAP AT POLICE JUSTICES.
The suit brought oy John Courtney against
Baker Co., oil the Merchants steamship Line,
for damages on account OF the breaking oil his leg
shrough a cotton bale FALLING upon IT, was con-
hudsd yesterday before Judge Mcneil, in the Su-
)erior Court, this being the third trial OF the case.
verdict OF 81 900 was given Tor the plaintn.
Tho subject OF the assessment In the Hardin
estate was under consideration yesterday In the
Supreme Court, General Term The executors OF
The estate admit the amount OF stock and money
belonging the estate TO be $500 OoO less s15,0oo
h outstanding claims. rhe personal estate was
assessed at 100000 by the Tax commissioners
The case came up appeal from such assess
ment. II was argued on behalf OF the execu-
tors mat as to shares IN companies In this
btate they should not be taxed, as the
companies are taxed directly on their shares
and as such would be double taxation but
rs to snares in foreign corporations they
were mere representations OF property not eX-
Hting In this STATE 1t was claimed In opposition
that shares OF a company are always recognized
~ distinct from capital stock, and may be so
baxed, and in support OF this was lnstsnced the
taxing OF bank stock, while the capital cannot be
taxed. The Court took the papers.
Exemption from assessment Is claimed BY the
Female Academy OF the sacred Heart on four
lots. the ground urged being that said lots are
necessary for the purposes OF the institution.
motion was mace yesterday before Judge Dono-
hue, in supreme Court, Chambers, on behalf OF
the city TO have issues famed as to whether the
lots were so necessary. " was claimed by Mr..
Jonn L. Devlin, on benalf or the institution, tnat
as there were no disputed facts the issue was
narlv trta NV ind iurv Judp
Donohue took the papers, reserving his decision.
william Sturm and Christian Greoy were
Srraigped before United states Commissioner
Shields yesterday on Q charge Of having manulac
tured quantity OF cigars, at No. S56 West Thirty
sixth street, without having gone through the
necessary formaty OF irst paying the govern
ment tax. Bail was a. first demanded by the
Commissioner. but ne finally decided to release
tue accused their own recognizances until
to-day, when an examination will be gone into
In the case OF the United States vs.. N. S. War
saver, against whom action was some time
since instituted on a charge OF having sold leaf
tobacco without having made proper returns
thereof as required by the act of Congress Of July
20 1853, Judge Blaichford issued order oil arrest
against the accuseu. Deputy Marshal Bernhard
arrested warsawer, who was held by Commls.
Dioner shields IN $500.
LIE CallO CAoGL
Pursuant to adjournment thsre was a further
hearing yesterday before Judge Donohue, in Su-
preme Court, Chambers, IN the habeas corpus
proceedings IN the Tempeton child case. the
child-the picture of health and content and ele-
pantly dressed-was brought into Court by its
nurse followed by Colonel w. G. Tempeton, its
grandfather, who Is seeking TO retain 1T IN his
care, and various ladies' OF MS family, VINO feel
IKE earnest sohcitude lor the child's future well
fare. There mad already assembled In the court
room the mother OF the child, who Instituted the
present proceedings 10 regain possession OF it.
and several OF ner male and female relatives
and friends, who have evidently warmly espoused
her cause and show quite as much interest in the
result she does. The parties were represented
by the same counsel as before Mr. John D. Town.
send appearing or Colonel Tempeton the grand
Iatner, and ex-Judge Busteed ior Mrs. lempleton.
the mother
Ex-Judge Busteed read the return 10 the writ
and the traverse, the facts In which papers tave
already been published In me HERALD. Having
nnisned the reading of this document, and ais
running comments on the same ne threw the
papers on the table before hlm. drew back into
forensic attitude and then there followed 1ood or
commlngled argument aud lnvectlve IN his own
peculiarly dramatic style. Richard was himself
again. Having concluded MS peroratlon OF pas
sionate reclamation ne began TO read a manu-.
script embody1ng the points OF his argument,
niue IN number. WGen ne had got through the
drst point Judge Uononue tired 10 stop him. IN
tmatng that bis nina was clearly made up on
against winch the opening point protested, but
Judge Busteed went through the remaining points
OF his argument all the same. Their sum and sub
stance simply reiterated protestatlOns
against sending the case before referee. He in
sisted that referees we're not to be trusted while
Judges were, ana tnat tne court should near eacn
witness - Judge by the tone and manner OF
The degree OF credbi1ty TO be gwen to their re-
BpecfIve evidence.
Judge Donohue said that If judge was to hear
personally ali tine evidence IN cases OF this kind
they would require cozen more Judges: that IL
public
elected hin 10 do certain WORK which work he
meant to do he could not do more tnan he could
Mr.. Townsend said he fully appreciated what
the Court had said and that all he wanted was TO
have the facts fully investigated either by the
court or a reliable referee. DE would ike to nave
Clerk, though IN expressing such preference ne
meant no asperslon against the previous referee.
Judge Donohue stated that before making any
positive order ne desired nrst TO examine the
points OF law raised by the opposing counsel.
Mr. Townsend said he desired hrst 70 submit
some atfidayts showing the unhtGess Of Mrs TEN
Inc family OF Colonel Templcton ne would receive
every requisite care and attention.
Judge Donohue-Mr. Bustecd meantime object
lnR also to their being read-thougnt it better TO
postpone the reaulna TIL toe next nearing
Mr.. Townsend although evidenty aching to get
1t his anidayits, said tasr he not particular,
the Court seemed to be Oh his SIDE snd had In
reality already gran ed al 10 asked Tor. Though
tne other SIDE nad nad pretty muc1 all the say
thus FAR he was wiling to give MS learned op-
ponent all the satisfaction and glory he might
wish on account OF IT,
The further Dearing was then adjourned for one
week. Meantime tue mother was permitted TO
see the cnld IN the anteroom. There was large
deputatlon OF lady friends on bo.n sides VINO
evinced great deal OF warmth in the matter,
and particularly at not being allowed to witness
the In tervlew between mother ana child.
ADJACENT PROPERTY OWNERS.
In the suit Of Ravens against Kline, the partIcu-
lars OF which have oeen published, an important
decision was gwen yesterday by Chief Justice
DAILY, OF the Court OF Common Pleas. Two lots,
the rsars OF wnicn joined, at the corner OF Lex
tngton avenue and Filtieth street, were, win the
buildings on them. sold under a foreclosure suit.
The Ftietn street building covered the entire lot
wnile yard about twenty leet deep remained to