The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-09
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Mr.. Peckham followed in an argument upon ,he
q the cas- and Ms5 M an %
announced that decision on the case would be
rendered on Monday next
MORGAN JONES' PLUMBING BILL
Morgan Jones In 1871 did some plumbing for the
city, his bill for the same amounting to $l.soo
Mr.. william M. Tweed, who was then Commissioner
OF Public Works. for some reason failed before his
deposition from once to sign the usual certificate
setting forth the necessity OF the work. Mr.. Van
Mort. the present Commissioner, refused to give
the certificate because he knew nothing about II:
according to the books in his ONCE. Mr.. Jones.
considering the sum OF $1,000 q matter worth
looking alter brought suit against the city for
Van Worst IN the superior Court, where Mr..
Jones was defeated. verdict being directed Tor
been given BY the head OF the department Of the
necessity OF the work, as required by statute Mr..
Jones did not let the matter rest mere. Appllca-
ton " as made yesterday III the Supreme Court
Chambers, before Judge Brady, for .peremptory
ing him 10 make q certificate as to the necessity
or the work. Mr. Dean, Assistant Corporation
Counsel insisted that msudamus could not issue
to control the conscience Of Commissioner Van
Mort, lnasmuch as ne had already stated that he
bad INC no knowledge Of the matter: YVES con,
certificate was merely ministerial and that the
same should be given because the former Super
the correctness OF the bill and the same had been
placed on aie. Judge Brady took the papers, re-
serving his decision.
COURT OF OYER AND TERMINER
THE MADISON STREET HOnCDE-CAsE CLOSED
FOR THE Observation-Disclosures FOR THE
DEFENCE
Before Judge Barrett.
The trial OF Thomas Hays for the alleged muir.
der of Thomas E. Delaney, in September last,
at the corner OF Madison and Jackson streets, was
resumed yesterday. It Is evident from the large
crowd IN attendance that good deal Of interest
Is felt the As on the previous day. the pris
oner's wife and her two small children sal by the
prisoners side. Several additional witnesses were
examined Or The prosecution, but NO facts were
then briefly and In his usual c0gent and impressive
STYLE opened the case for the defence. lie ex.
planned the night OF the prisoner, and
insisted that the evidence he should adduce would
defence, and that the highest possible verdict
under the most extreme view OF the circum-
stances, could only be manslau yhter In the fourth
degree. HIS theory was tnat the prisoner was
the subsequent wranele the fatal pistol was acct
dentaliy discharged.
Police Surgeon Powell was the first witness
called for the defence. He testified that at the
ined the wounds Of the prisoner; thar ne found .
severe cut on The neck and one on the hand. which
probably might have been inflicted by knife.
Several other witnesses werc examined giving
witness OF the Gay was the prisoner. He tesnfed
that the deceased assailed him with knife and
that he was trying to prevent serious injury TO
himself, when hts pistol was accidentally dis
charged. The trial Will probably consume the