The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-31
THE COURTS.
Trial Of joseph Jordan for
Murder.
An Indictment Found Against
Nine. hi.
EVIDENCE FORTH DEFENCE
A Wife's Inchoate Right Of Dover
Sustained.

The United States Circuit Court, equity side, for
She April term. was opened yesterday by Judge
Bhipman The calendar OF cases, commencing at
Be, will be called the cases may be disposed OF
The argument IN the demurrer in the Boucicault-
Hart case is set down Tor this day week.
Mary A. Emory, charged with drawing q PEN
sion q soldiers widow alter she had remarked
was yesterday held to answer by Commissioner
shields in $1,000.
The Society for the Reformation OF Juvenile De-
nnquents In Supreme Court, Chambers, this morn.
ang, before Judge Donohue, obtained an Injunction
restraining any further theatrical performances
ct Dekers Union Garden until the proprietor has
procured license. A similar iEjunction was also
ubtained against tue proprietor OF Hochers Gin.
ton Garden.
The OF Nine. hi, charged with having
caused the death or Mrs. Anna Josephine Curtis,
late soprano at the Cnurcn OF the At0nement,
through an alleged abortion, was called up In the
Court OF Oyer and Terminer yesterday before
Judge Barrett on writ OF habeas corpus pro-
cured by AIR. william +. Howe, her counsei. AS
sistan District Attorney Russell stated that an in
dictment had been found against her by the Gen.
eral sessions Grand Jury. and thai in consequence
40 application would be entertained in this Court
either Tor her discharge or admission to bail.
dered that all other proceedings in the case take
place in the General Sessions Court.
THE JORDAN-HUFFER TRAGEDY.
The trial OF Joseph Jordan, indicted for murder
IN the first degree for killing George Huffer, was
resumed yesterday before Judge Barrett in the
Court OF oyer and Terminer. The prisoner, with
bowed mead and demeanOr betoKenlng one EVIL
IDENTITY not OF sound mind, sat, half dazed, by his
counsel, William F. Howe. Assistant District
Attorney Russell, who ls conducting the prosecu-
ton, in opening the case mad stated TO the Jury
that this was OF the lew cases OF homicide
which came directly within the provisions OF the
last act as to murder, for the elaboration, as he
INSISTED, was evidently proved by the prisoner
sharpening his knife on steel before he went
down stairs TO commit the homicide, and iurtner.
the prisoner oy strategy mad Ooralned entrance
into tue deceased's BEDROOM and then stabbed toe
unonending deceased and then early retired to his
own room with the weapon in his hand. When the
prisoner was lnteTrogateu as to whether no mad
Committed the deed ne stated that he hao and
would do it again having previously deliberately
used the threat to kill. Some Witnesses were called
Tor the prosecution. who corroborated the testi-
mony gwen on the day previous as to the de-
Liberation OF the prisoner. his preparation for
the crime and contradictory statements alter Its
COMMISSION Here tine prosecution rested.
Mr. Howe in opening for tue defence alluded TO
the frequency OF the nterpostlon or the defence
pf insanity, which was IN many instances un-
wortbily put before jury but that where 1t
actually existed 1t was, by the dispenSatlon OF
wnlcn were NOT punishable by the the laws OF this
State He GAINED that IN this case he should show
that the prisoner had been Union soldier, had
been wounded IN the defence OF his country ana
had undergone fifteen months OF captivity in the
prison pen at Andersonvllle. In this connection
ne drew touching and vivid picture oil the ter
rible MISUNDERSTANDING or 1000 and water,
exposure IN winter 10 cold, without tents and SUI
hcieai clothing. and III summer to the burning
rays OF the sun-and all the horrible barbarlt1es
TO which, the inmates OF that prison were sub
1ected. lie stated furtner that after the prison.
became afhlcteQ with q well known type OF nSan-
very esns aadrss sosd ha he soad saS
init these Facts TO the consideration Of the jury,
who he conscientsousy believed would accept
them as absorbing the prisoner from the legal
penalty for the Iaral act for which
he was indicted. He then called numerous
SuGerinRs OF tue prisoner at AndersonvIlle; that
he was sunstruck several times while there; that
under continued deiusion That his de seased vile
was now living. This portion OF the testimony
eonc uoeu, ne cailed DIS John q. Harmon and
Charles Z. kreiger. eacn OF whom testified, in an.
bwer TO long auQ elaborate ypOthe tical questions
oner at the lime OF the commission Of the act Tor
which he was indicted was insane. Mr.. Russell,
win considerable skill and dexterous ingenuity,
eross-eXamlued these witnesses, at the CONCLUSION
Dl which Judge B4rrert put series ot pertinent,
elucdatory questions to the medical experts. The
court then adjourned I'LL this morning, when the
Brial Will be resumed. The impression IN the
sourt room was tuAt the witnesses for the de.
fence as to the iacts nave established grave doubts
es TO the prisoners SANITY.
wIFE'S RIGHT OF DOVER.
The story has already been published how
Daniel 5. Ioungs. widower OF ffty-two years,
married young vile OF twenty-three; how he
told the young vile before their marriage that he
owned sl5oooo orth OF real in this city how
she married him supposing that ne Sill retained
possession of this property; how, alter sher mar
rage, she discovered that four days previous to
tho ty Of ha had
bus property 10 MS two Daughters, Mrs. Hannah
M. Carter and Nellie Youngs. and how she tnere-
upon lett nun anu brought surf IN the supreme
Court, Special Term, before Judge Van Brunt, 20
declare srcE conveyance void on the ground or
Its being III fraud OF her inchoate right OF dover.
Judge Van Bruut gave a decision IN the case es-
rerday embodylng the same IN lengthy opinion.
The efect OF TINS convey nce, Judge Van Blunt
says, alter rciting the facts vi the case, mace
the eve OF marriage and evidently In contempla-
ton OF It's occurrence, n upheld by the Court Is
TO deprive the plaintiff oil ner lnchoate right or
dover IN the premises IN question and tue posi-
blty OF ner title 10 over becoming contaminated
IN the event that she survives her husband. He
holds That the provisions OF Jaw In respect or
dover are intenaed Tor the support OF the widow
anu the nurture OF ner children. After recltlng
be holds urther That the equity OF the husband to
ms wue's estate Is OF no higher chafac-
husbands; that Inchoate right OF dover is such an
interest as the law Will pfotect from injury, and
shat me plaintin IN tnis case mas unquestloned
Justice and through tie application OF an anal
Dgous doctrine oil equity. ne deed executed be.
lore ber marriage under the facts and circum-
stances OF the case should have other effect on
her rights and interests than II executed after
ward IL Is asked by the piaintn that the deed
executed by ner husband TO his daughters should
be declared void Is TO the present interest which,
but LOT the deed, the plain TIL would have-that 10
TO say, her inchoae right OF dover and her luture
absolute right OF dover IN case OF the death OF ner
husband 10 hsr lifetime. de holds. ia conclusion,
shat to this extent she II entitled ~ rsneL and
We orders Judgment accordingly.
DECISIONS.
supnxME coURT--cHA1pEAa.
BY Judge Lawrence.