The New York herald., 1875-12-23
SUMMARY OF LAW CASES.
BY Judge sedgwick.

temporary injunction was granted yesterday by
Judge Brady In the Supreme Court Chambers restrain
ing John Mer proprietor Of Essex Halle, from giving
any further theatrical performances until after pay
ment Of his license fee
William A. Boury Secretary of the New York Rect
flying Company, in Cedar street. charged with the Illicit
manufacture and concealment of spirits was held
yesterday afternoon by United States Commissioner
Osborn await the action of the Grand Jury and bail
fixed at 81 000
1t is estimated by counsel for the people in the
$6,000 600 suit against William NJ. Tweed that tho trial
Of the cause at the pext term of the Court will not
cupy more than four days This information will
doubtless be relief to tho sstruckn Jurors in the
case Meantime the esors to draw the struck jury in
the 81 600 coo suit will be selected to-day.
In the case Of the Freeman's National Bank OF Bos-
ton against g. Edgar smith, in the United States Cir
cult Court equity branch, Judge johnson yesterday
rendered decision denying the application for in
junction restraining the defendant from acting as as
signee OF the Pensacola Lumber Company.
In the case of Henrietta Hunt who claimed the
tody of her child from its father and in which the
ter alleged the child dead Judge Davis yesterday,
in his decision OF the case stated that there pre-
sumptive evidence of the death of the child. He de-
mes the motion against the father, but allows the
mother to renew it in case sho obtains any proof that
the child s living
In the Marine Court Yesterday, before Judge McAdam
and jury, Caleb H. Harrison recovered judgment for
$500 against Joseph 7. Price. The only interest at
tasnng to the suit is that plant claimed he gave the
money TO defendant broker to bo invested in stock
operations and that defendant appropriated IL to his
own use Defendant denied the charge of appropra-
tion and claimed that he did invest the money in stock
operations, which resulted in loss of the whole
intrusted to him by plaintiff.
The Grand Jury came into the United States Circuit
Court yesterday, before Judge Benedict and, among
others, presented the following indictments james
Russell, Bernard Quinn, Emilia Grabbie, Elizabeth De
Mott aud Ella Kenney, dealing in counterfeit money;
through the mail, and William f. Brown and william
j. Kelley, embezzling letters from the Post Office
The trial Of Charles l.. Lawrence upon the indct-
mont charging him with forging owners oaths and inn
porters entries and presenting the the Custom
House. with intent to defraud the United States
put Off yesterday in the United States Circuit Court
until the January term there not being sufficient time
during the present term to try It, Counsel for the
defendant presented long affidavit in support Of the
motion made, but there was little in it of public in
tcrest.
In the case of the United States against the Me-
chanics National Bank to recover 81 500 the alleged
'shortage" in the payment of drafts amounting to
$25 000 the jury in the United States District Court
by direction OF Judge Batchiord rendered yesterday
verdict for the Defendants the ground that the
government had shown no right of action against the
bank. The case was given to the jury about three
o'clock in the afternoon, which returned into court
about ve unable to agree upon verdict, when Judge
Blatchiord gave the above order.
The trial of the suit of Lewis Levinson The White
Star steamship Company was begun yesterday after
noon in tho United States Circuit Court before Judge
Shpman. The suit arises from the wreck Of tho
steamship Atlantic, OF HALIFAX Nova Scotia, two years
ago last March, and upon which Mr. Levinson was a
passenger He claims $100, 900 damages on account
OF personal property lost and great injuries received,
which latter have rendered him, he alleges per-
manent invalid.
For fifteen years DR.. Martin Freeigh was police
surgeon Some four years ago no was retired on a
pension of $1,000 year, which pension
was paid regularly until last June, when the
Police Board passed resolution striking his
name from the pension roll Application made
yesterday to Judge Brady, in Supreme Court Cham.
bcrs, for a mandamus against the Police Commission
ers directing them restore his The pension
list His counsel, ex-Judge Fithian insisted that
der the act Of 1871 pursuant to which Dr. Freleigh
retired a pension, the Board has power TO
grant such pension but did have the power having
granted the pension, TO withdraw 1t. Mr.. McIain
counsel for the Police Board contended in opposition
that the Board had power to withdraw pension any
time they considered IL for the public benefit. He
urged, further the remedy was by action at law and
not by mandamus. Judge Brady took the papers,
serving his decision.