The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-28
THE COURTS.
Injunction Against Striking
Tailors.
INTERESTING MARINE INSURANCE CASE.
An Enaigrant Swindler Promptly
Convicted.


publican politician, was yesterday admitted to
probate by Surrogate Hutchings. He leaves On
estate OF about $4,000 TO be divided between his
wife, Sarah, two daughters and one son.
1t has been discovered that G. l. Sprague, who
was yesterday committed by Commissioner Os-
born Ior having IN HIS possession a counterfeit
United states revenue stamp, was arraigned in
1878 for similar offence under the name OF
Wright, and was defended by the same counsel,
ex-Judge Garvn.
In the United states District Court yesterday, in
the matter OF S smue Holmes and Lazarus Liss-
b.rger alleged bankrupts, Judge Blatchford de-
cided that in cases begun before the PRONUNCIATION
of the new rules, ia April, 1875, the CLERK OF the
court may preside In place OF the Register at q
meeting OF creditors held before an adjudication
mas been had, and that creditor may examine the
debtor as fully as he would be allowed to do were
he witness in another case on the stand.
Suit was brought before Judge Larremore, in the
Supreme Court Circuit, by Thomas r. sharkey
against G. Torrellon Tor $4,000 damages His
claim was based on failure 10 execute an agree
ment TO purchase seven houses in Seventy.eighth
street, near Third avenue. Tor $4,000 AT the
trial yesterday It alleged that after the alleged
failure TO execute the agreement mortgages on
these houses were iorecosed ana there was de-
fciency $le,o744o, and this was part OF the al
legged damages. The jury gave a verdict for
$1,000.
An application was made before Judge Barrett,
in Supreme Court, Chambers, yesterday, to CON-
pei the village OF Fort Edward, Washington coun-
~, N. Y, TO raise oc0 as a donation to the
Glenn,s Falls Railroad. Mr. Beach, one OF the coun-
sci in the Beecher trial. appeared for the applicant,
and senator Herman OF Utica, for the respondents.
Under an act OF the Legislature the villages Of
Sandy Hills and Glenn's Falls voted money to the
railroad to extend the line to those places but after
the road was built refused payment, and the case
OF the Sandy Hills village was taken 10 the United
States Supreme Court, which affirmed the consti-
tutionality Of the act. The defence put in yester
day consisted OF atIldavts that the total number
OF votes given was minority OF the legal voters.
on application OF Mr.. Beach, who said these state
ments were SURPRISE the case was adjourned Tor
further argument.
INJUNCTION AGAINST STRIKERS.
novel application in the injunction line was
made yesterday before Judge Barrett IN Supreme
Court Chambers. Augustus NJ. Mueller, tailor,
at No. AZ East Fourteenth street, recently dis
charged twenty-tnree tailors in his employ, on &C
count OF their refusal TO continue working with
out increased pay. The men thus discharged, as
Mr. Mueller alleges IN MS AFFIDAVIT have ever
since been in the habit or collecting in groups
about mis- place and preventing others who are
willing 10 work from taking their places. He has
submitted TO these aunoyances for about two
weeks and now invokes the law TO put a stop to
it. Through his counsel Mr.. W. d. Field. applica-
tion was made for an INJUNCTION 10 re-
strain the striking tailors from interfering
with his employment OF otner worKmen,
and with interfering with such workmen after
they are employed. IL = crarged IN the COM
plant that the men discharged ~ him have con-
spired together ana threatened 70 continue their
interference untll they are re-emlloycd at tue
wages they demand. or MS business IS broken up.
lie claims that TINS interference has already dam
aged MS business TO the amount OF SIS. QUO. end
hence the application for an injunction. EX.Judga
I Dittechoefsr opposed the application 4 very
4 ell borate ana fOrcIDle argument tie insisted
Lnat II the parties complained Of had done any
| wrong they were Responsible IN an action at law
i that conspiracy is q crime, aud court Of equity
cannot issue al Injunction 10 pre- ent the olm-
mission OF criminal offence; that there rs pre-
/ ce3ent ior such actlou tnar aborers have
rights as well capitalists: that they
have a right TO combine or peaccahy
20 assemble, with tile view OF assisting
or protecting their rlhts: thar III In aoing suSthey
the laws OF the state; tnat an Injunction L. the
stroug arm uf equity, which ougnt never 20 he Cx-
tended unless m OF great inIurt. when courts
of iaw cannot atfOrd an adequate RENE ~ IN dam
ages; that, az the most, the conduct complained
OF Is q mere trespass, ana that court OF equity
cannot interfere unless actual damage 20 property
was shown. AT the conclusion OF the argument
Judge Barrett stated that the application struck
him as q very novel one and taat 10 was in fact,
what Judge DIT enh0eLfer stated IN his argument,
an application 20 put down strike ~ an nunc-
;Ion which he doubted nis pos er 70 20. he said
that he would, however. examine the papers,
which were at once passed up 20 hiin.