The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-04
THE COURTS.
Effects Of Taintor's Specula-
tion8 with Bank Funds.
THE I'LL MALPRACTICE CASE.
Application to Release the Ac-
cused on Bail.

Application was made yesterday before Judge
Barrett in the supreme Court to admit Nine.
Annie hi 10 bail. The prisoner was produced
under writ OF haoeas corpus She Is ac-
cused OF malpractice IN causing the death
Of Mrs. Josephine Curtis. Her counsel claimed
tnat there was no evidence TO warrant her de-
tenton, as under the indictment the dying testi-
mony OF Mrs. Curtis was not admissible. Assist
ant District Attorney Lyons opposed the motion
and alluded to the enormity OF the crime. Alter
some argument the Court renamed the prisoner
until to-day for decision on the motion.
The examination In the case OF John Moriarty
or Madison street, charged before Commissioner
Shields with passing counterfeit nvedollar Treas
ury note, known "lhe Miles Ogeson issue,' was
held yesterday, but adjournment was taken
until to-day, at two p M. Moriarty states that he
received the bill from Philip Roache, living on
Madison, between Gouverneur and Montgomery
streets, who he says was last week appointed on
the police force. lie states that Roache came out
Of the house and handed him the OH, with re-
quest to 90 and purchase some beeisJeaK for him.
the supreme Court, General Term, Judges
Davis, Brady and Daniels on the bench. on reas-
sembng yesterday announced that decisions upon
cases argued at the March term would not be
rendered hntil Friday
The motion Tor Dill OF particulars In the
Sc, Ooo 900 suit against william NJ. Tweed was to
have been argued yesterday in the Supreme Court.
Chambers before Judge Lawrence. Counsel, how
ever were not ready when the case was called.
and the argument was adjourned until to-day
District Attorney Bliss was yesterday ques-
toned as to the statement made IN a despatch to
q Yves ern paper that the government intended 10
use George Albert Mason, convicted In the April
Term OF the United States Circuit Court OF utter
ing counterfeit money as o witness against Pete
McCarty and other members OF the gang with
knA NJ DItdcn
that he has no knowledge OF what the government
intend doing in the premises; but he win certainly
be sentenced by Judge Benedict, and then he can
only be used as a witness alter pardon has Is
sued from the Executive.
In the suit brought by Nathaniel w. Hooker
against William r. Martin, Judge Van Brunt, before
whom the case was tried in supreme Court,
Special Term, has decided that the taking OF the
lands Tor Riverside Park operated as foreclosure
of the mortgages pro tdnto, and that the mort
gagees are entitled to collect the awards. He
holds, further, that the Commissioners should re-
port benefit and damage separately and that the
mortgages should he reduced by the amount OF
the award. The same Judge also decided yester-
day. in the suit brought by the executors OF
Cortlandt Palmer vs.. Sophie A. Dixon and others,
that the plalntlns entitled TO Judgment
Of foreclosure and sale OF the premises described
in the complaint, unless the defendants pay
within some time TO be specified In the Judgment
the balance found due May ls 1868, from VIII
ham r. Dixon to Palmer, less the amount COL
lected upon the award for Riverside Park
on tenaif OF about 100 laoorers VINO were
employed on Concord avenue and Denman place,
in the annexed district, and to whom some $4,000 is
alleged to be due. suit was brought before Judge
Curtis in Supreme Court General Term against
the original contractors. ex-Judge Curtis and
James r. Angel appearing for the laborers and
Allison & shaw ior he contractors. A decision
was given yesterday In favor OF the laborers and
against the assignees OF the contract, Judge Van
Brunt holding that a receiver should be appointed
10 hold the funds due; that referee should be
appointed TO ascertain who the Judgment and
original creditors are and that after the labor ers
are paid, the surplus, II there is any, Do paid TO
the assignees OF the contract.