The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-21
THE CITY WINS A SUIT.
A Highway Robber Sent to Prison for
Eighteen Years.


Appeals as regards the case OF Wllnam NJ. Tweed.
owing to the protracted illness or Judge Grover,
and 1t may be eventually thrown over TO the next
term.
Earnest Hess was brought before Judge Barrett,
in Supreme Court, Chambers, yesterday, on a writ
OF haDeas corpus and motion was made for his
discharge from Ludlow stree. Jail. Hess had
been imprisoned by order or Marine Court Judge
for contempt or Court ana IL was claimed on be-
hall OF Hess that the Judge had no authority to
imprison MIN. Judge Barrett thought otherwise,
and dismissed the writ The prisoner was re-
manded back to jail.
The trial OF the alleged railroad bond iorgers,
now In It's second week, before Judge Sedgwick,
OF the superior Court, IS. nearing It's close. The
aefence concluded its testimony yesterday and
witnesses were called IN rebuttal. The latter
testimony very strong aud July conarmatory
OF the evidence OF spence Pettls and 0lmstead,
the engraver. Counsel Will to-day commence
cumming up
There was a further examination yesterday IN
the Tempeton CHILD case before Judge Dononue,
Of the Supreme Court. gentleman claiming TO
have formerly possessed large means, but at the
present time TO be inpecunious gave testimony
OF decidedly damaging character TO sister OF
Mrs. BabcocK and not by any means compliment
tary 10 the latter or her daughter Mrs. Ida Maud
Templeton. Tne opposing counsel, Mr.. John D.
got through the examination without the miro
auction OF any Of the Earring and exciting elements
characterlzIng the former days OF examination.
Some Time ago one Andrew O'Brien was brought
before the Court OF SPECIAL sessions ana sentenced
to three months Imprisonment a charge OF
stealing bag OF cotton. He swore hat he found
the cotton, aud no evidence produced to con-
tradict him. His counsel had him brought yester-
day, on a writ OF naneas corpus, before Judge
him IN $780, and in rendering his decision SAID
'The prisoner must be admitted 10 bail. me evi.
dence entitled MN TO an acquittal ana l cannot
understand how the magistrate came TO convict
npon the testimony
Some time ago the Will OF James Unsworth, the
negro MINSTREL was ned ia the Surrogate's
Court BY this viii he lett his estate TO a friend
named Eugene S. Amel and his brother, Josesh
Unsworth, or canada. as MS executor. Joseph
now files notice Of contest and the nearing Will
be had on an early day.
Commissioner Shields yesterday committed. TO
await the action OF the Grand Jury, Max Vol,
charged WITH violating the Revenue law In remov-
Ing unsramped cigars from his factory.
The motion Tor a new trial IN the case OF George
A. Mason, convicted on Friday last OF counterfeit.
Ing was heard yesterday by Judge Benedict In
the Brooklyn United states Circuit Court Gen.
eral B. d. Foster, for the prisoner, contended that
and the proof admtted at the trial. Mr. Purdy
nom the District Attorneys once earnestly com
Dated Mr.. Fosters position, and ciiimed that the
variance was wholly unsubstantial and not merit
ing the consideration OF the Court. Both law
Ters cited numerous authorities In support OF
their views. Judge Benedict took their briefs and
stated he would give mis- decision on saturday
next
Mr.. Justice Hunt viii hold special term OF
the United states Circuit Court az No. a cnam-
bers street on Monday, May II, and VIII probably
continue 10 hold IL during mat week. lie
Will take up the neavy cases on the cal.
endars for the present term, belonging 10 the
following classes :-writs of error 10 the District
Courts, appeals IN bankruptcy. receivers Ia nank.
ruptcy and appeals rom decrees Of the District
COURT in Equity cases. Any cases belonging 10
she above classes whoa are not on such caen-
OARS and which are ready for hearing may be
tIced for hearing Tor May ~ by notice Of ten
days 10 the opposite party and 10 ne Clerg, ana
may be put upon sucn calendars. II there be any
lime alter the hearing o. cases IN the above
glasses cases on the adjournment calendar VIII be
heard.
SUIT AGAINST REGISTER JONES.
Nearly SIX years ago Henry G. Pratt gave a note
Tor S2,250. payable TO tie order OF Mrs. Anna J.
Hillyer wife Of the late General hillyer. The note
Jones. then Postmaster or TINS city. sur was
brought by Andrew }. Davis Jr., in the supreme
Court, to recover he note, and the case came
20 trial yesterday before Judge Donohue, holcIng
Supreme Court, Circuit, Part 2, Mr.. Frank Tnomp-
son appearing for tile plaintin ana ex-Judge
George NJ. curtis aud +. c. Bigelow for toe de-
Gendant, General Jones, who was sued ina orser.
rhe defence was that the note was paid during
the lifetime or General Hiilyer; that no notice Of
protest was served on General Jones, and thatthe
palnun was not the real party m interest out
one Harris. 1t was developed during tue cross.
examination mat az Tue time Harris passed Inc
note tue plalntln ne did not receive any money,
but that after the suit nad been pending Tor
time tue sintin gave ms note % Harris IN
consideration the note ~ question. ana that
TINS was done at the residence OF the piaintiu 10
ice presence OF nl- counsel aud upon the atter's
ldvice. An amusing feature presentea Itself dur
ing tue further cruss-examinatlon OF the Witnesses
falled Tor the plainiin, and winch Ger Amy re.
yeaied In a strong ana tayOring tKut the sktll OF
ex-Judge Curtis a. a crOss-examlner. Mr. Harris
testified that 10 company o. General Hllyer ne
called at he once OF General Jones, A. the Post
once, and left the notice u profess with the lac.
ssYou are sue you lett the notice or protest with
General Jones' pflvate secretary quietly dueried
Judge GURUS OF tAe witness
II am positive o. A." promptly answered Mr.
'can you describe the private sccretaryf
"Nell, not very accurately
scan you tell whether ne was tall man or
lhori man,
mo, sir.n
"was he spare or stoutr
~ don't remember
eHad re- pray eyes, or blue eyes or black eyes,
Vr wnat was the cOor Of his eyes ~
"a aid not notice The color o. nis eyes.n
aWeil, you must be aDle TO tell something about
him. was he white man q black man f''
"A WINE man.
1Sure Of tuatfN
"Sure OF ~
IItu Ded out that the private secretary was
holnren gentleman, whlch rather turned tue Tue
p DOUBT against the witness. When the witness
had cOnc.udeI a motion was made 70 dismiss tue
Cunpiaint. THIS mOtlOn ex Jul &c Gurus urged ON
three gruunds-that there was no PROOF as o the
service o. the protest; lat the platntn vas hpt
the rea party Ia interest and tGat ~ tue festl-
mOny 81 barns the SUIT mad neen eNleudea, ana
that ~ operation Oi law Genera Jones az ind0fser
was released. Inc complaint VAS dismissed.
REAL AND PERSONAL PROPERTY.