The New York herald., 1875-10-29

SUPERIOR CoURT-sPECIAL TERM.
By Judge Curtis
Schema vs. Freund OF aL-Judgment for plaintiff.
SUMMARY OF LAW CASES.
In obedience to the decretal order Of the Surrogate
in the of The People against the estate Of the late
County Auditor Watson the proceeds of the estate to
the amount of $500 435 o. yesterday paid to
the credit Of the State Treasurer.
In the Court of General Sessions yesterday John Col
Inns, Thomas Brady and Timothy Guinon con-
victed of felonous assaults and sentenced to State
Prison. the two first for two years each and the last for
three years. James o'Bren, pleading guilty to feo-
NOUS assault, sentenced for two years
Most Of yesterday was occupied in the Supreme
Court, General Term in argument on the appeal taken
by the Church of the Redemption from the judgment
given in special term in favor of Grace church. in the
suit between these churches as the ownership OF
the lot on Fourteenth street. Third avenue, for
mery occupied by the first named church and title to
the nsurances the burned building. The Court took
the papers reserving It's decision
There was quite an animated discussion yesterday in
Supreme Court, Chambers, growing out of a writ OF
habeas corpus obtained to release from the schoolshp
Mercury Of John Gallagher boy sixteen years old.
1t was urged by exJudge Buseed and John G. Fraser,
behalf of the boy that his commitment having been
effected by his stepather the ground Of his refusal
TO attend public school was illegal District Attorney
Phelps contcnded that this matter that lay wholly
within the province of the Board of Education and
was without the Jurisdiction of the Court Judge Law
renee thought otherwise and ordered the boys dis
charge.
The question of the reliability of lactometers
under argument yesterday in the Supreme Court Gen.
eral Term John Kneil fined at the Special Ses-
sons 500 charge Of selling adulteratcd milk and
he appealed to the General Term The interesting ea
in the the testimony Of experts that the
lactometer is unreliable, because skinned milk marks
higher degree Of excellence than unskimmed milk.
The taking of testimony in the proceedings brought
by the Police Commissioners to punish Colonel James
A. Kerrgan for contempt of the Supreme Court in fail
ing to testify the case of Captain Mccullough in obc
dence TO its order was resumed yesterday before the
referee, Mr.. Cole. After receiving In testimony the
answer Of Colonel Kerrgan TO the nterrogatories filed
in Court IL arranged to meet next time at Police
Headquarters TO take the testimony Of the Police Com
missioners
THE OCEAN BANK ROBBERY
The first witness called yesterday morning in the
Ocean Bank robbery before Judge Wallace Mr.
Ira L. Cady He had been dealer in safes and locks,
principally for banks for about thirty years; in
necton with his trade he had been particularly inter-
ested in examining of burglary the Tuesday
after the robbery he went into the Ocean Bank and
examined the vaults; the workmanship Of the vaults
first rate; the lock was good one, with one
cepton the dial could be removed and sheet OF
paper lead foil inserted the dial could then be
placed, and as the knob was turned several times
forming the combination corresponding marks would
be made on the paper lead, and thus what is called
with great deal of study and skill, burglar might
find out the combination
On cross examination Mr. Cady said that he had
been in the bank before the burglary; the vault
door showed marks of violence; it was uninjured;
there would be nothing to show whether the door was
locked tho night before the robbery not; there
only three possible theories regarding the case:
Either ''ndicator" had been used the door had
been properly locked, had obtained the
opened by tindicator." The Judge here remarked
that it would be rather remarkable coincidence that
tho doors unlocked tho very night the burglars
crept in there On being pressed as to which theory
he adopted the witness could not say but he thought
that would not be very difficult TO obtain The COM
bination in many cases.
Richard King was next called. Ho had been AS
sistant Cashier of the Bank of Commerce for about
twenty years; he stated that there no universal
rule at that time with regard to the employment Of
night watchmen in banks no lights were left burning
in the Bank OF Commerce, but since the attack upon IL
some time ago private watchman had been hired
Samuel B. White, President OF the Grocers Bank;
William j. Qunlan, Jr., Assistant Cashier OF the Chem
cal National Bank; Aaron b. Hayes, Cashier OF the
North River Bank, and William H Stevens for thirty
years clerk in the Manhattan Bank, all testified that
there general rule in regard to night watchmen
| David r Martin the next witness He had been
President of the Ocean Bank from 1850 to 1859; he
never remembered that Peter Grant, the janor of the
building intoxicated; he had no intlmation that
robbery about to take place. nor did he have any
to suspect any such designs upon the bank on
his crossexamination he said that the jnntor could
enter the banking room but witness had no suspicion
Cornelius Hon in 1869 private watchman testified
that the Ocean Bank lay in his beat and that he tried
all the doors Of the bank the night or tho robbery
and found them safe
Edward Dunn one of the bank clerks and Thomas
Regan, policeman, gave some important testimony,
and the closed
Mr. Andrews then rose and stated to the Court that
justice Mr. Stevenson he wished TO withdraw the
charge made against him in the commencement Of the
trial as publicly as it had been made Judge Wallace
declared his grathcation that The apology had been
made and said that he was pleased TO see such spirit
manifested
TRIAL OF COLONEL DES ANGES.
In the trial OF Colonel Des Anges for completely In
the Custom House Frauds Mr.. NJ. p Rice was recalled
TO be crossexamned He said that he did not usually
take the trouble ascertain to the correctness Of
powers of attorney unless his suspicious excited
in regard TO them.
| FIJI Wight was also cross-examined He said that
Mr. Des Anges had particular way OF making tho
figure 20 "as also occasionally figures 1'' and "5
Witness identified these on several Of the papers pre-
sented him. but said he could not identify them IL
they stood alone on blank paper
r. X. Webster, Assistant superintendent and Clerk
| in the Custom House, was next called he Identified
Mr. Dcs Anges' signature large number of entries
and invoices many OF which were alleged to be fraudu
N. W. Howell also Custom House clerk, identified
many signatures and figures as being in Mr.. Des
| Ang0s handwriting.
Tne cross examination OF this witness was waived,
| and the Court adjourned till to-day.
ALEXANDER >. Jonnson SUCCESSOR oI Tue iate ~. o.
woodruff as Judge the Second Judicial Circuit takes
the oath OF office to-day at eleven o'clock, in the
United States Circuit Court, room No AZ, in the new
] Post ONCE
ALLEGED LIBEL.
Application was yesterday made to Justice Duffy, at
the Tombs Police Court for warrant Of arrest of Mr.
George Jones, Of the Times, for alleged libel The ap
plcaton was mado by James 7. King, Tammany candi-
date for Assembly in the Nineteenth district Justice
Duly at nrst declined to issue the warrant because II
was rule among the police justices to issue warrants