The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-10
THE COURTS.
Surrender Of q Murderer on
the High Seas.
CHILD HABEAS CORPUS CASE.
A Suit Against the City by a Ma
tiOnal Bank.
THE BROO KLYN BRI0

Judge Benedict presiding. the Grand Jury came
into court and presented true bills against the
following named persons III. W. som0rs. charged
with stealing letters from the United states mail;
Abraham Gardner, stealing letters from the Post
once; Patrick Rooney and James 4. Groom, per-
Jury on giving straw bail; CHRISTIAN Lorenzo.
illicit dIsiiliation George NJ. Allare. embezzng
letters. The Grand Jury were then discharged.
William Augustus Myers. one OF the mutineers
orthe American ship John Sherwood, was yester
day brought to tuls port in charge OF police
oflcer OF Scotland Yard, London, and delivered to
the authorities He is charged with having
fatally stabbed the steward of the vessel during
mutiny board. The captain procured assist
lance and returned to port. Tie steward subse
,quently died in Cork from the wounds inflicted
upon him alleged by the accused. The prisoner
has to DC tried in this country. AS the crime was
committed on the high seas.
H. G. Levi, charged with having committed .or-
.geries, by which he derauded several or the
clerks in the custom House, and account OF
which he ned from justice, has been arrested in
Canada. 1t is expected tnat he ~lll be delivered
TO the United States authorities in q lew
days.
In the United States Circuit Court yesterday
morning, before Judge Benedict Samne Wood
ward and Josiah Parten, the bows VINO were In
dictcd for robbing the mails, were sentenced the
months in the House OF Refuge, with fine OF
$1,000 In eacC case.
THE TENIPLETON HABl5AS CORPUS.
Duncan ID. Templeton, who was convicted in the
General sessions OF shooting his vie with intent
to take her lie, at tnat time mad boy, Willie q.
Tempeton, who was two years old. lie and ms
wife having been on i'll terms ter some time prior
to the shooting, and he also not beng
dlti0n to properly support his vile End child they
had placed the child in care CT his lather q
wealthy gentleman residing at NyacK Soon alter
the shooting proceedings were instituted by
the vile obtain possession OF the Guild, and Judge
Dononue. in Supreme Court, CHANGERS, ordered an
examination into the facts before MIR. George
Blunt as referee. On behalf OF airs. Templeton,
ex.Judsc Busted. her counsel apt cared Yesterday
before Judge Lawrence, IN supreme Court, Cham
bers, and moved to nave the order OF reference
set ASIDE and the child produced In court. In
support or his application ne read lengthy afll-
davlt from Mrs. Iempeton, statng, among other
things-and she recited all her domestic grew
ances-tnat sue had made TWO visits 10 Nyack TO
see the enid and had been refused both times.
Sue states further that they would Iel nothing
as TO the condition vi the cnds eaitn, and woula,
In short, give her no satisfaction whatever Her
counsel INSISTED nat Whatever the practice might
be in the court here, there was no law anthorlz.
ing u reference In habeas corpus cases. He cited
anu George Ill. directing a re urn 10 habeas cor.
pus writ III all cases WITHIN three Gays. lie asked
that the boy be at once given 70 ms mother
Mr.. JOIN D. Townsend, On beh3l OF Colonel Tenn
peton, the grandfather OF the Guild, GAINED that
all that was desired on their side was proper IN
vestigatiO into the lac,s oil the case, With view
to determine which was the most proper custo-
DIAN OF the child, the grandfather or the mother.
son TO have charge OF inc boy. whereas
ne was now receiving the best OF care. He stated
further that some OF me allegations STATED in Mrs.
Templeton's afidavlt were untrue, and denied
that she had ever been reused permission TO see
After some further argument IL was finally de.
clded that Che child be produced Ia court on Sat
urday. when the law points moved In ne case
argument this morning before Jtdge Lawrence on
the writ OF habeas corpus obtained by MIR. Town
send in the case Of Duncan ID. IeilpletOn, the Oh
Jeot OF the writ, as already announced, being TO
secure his discharge on oa, pending the result
OF the new trial granted him " the supreme
Court, General Term.
ANOTHER SUIT AGAINST THE CITY.
1t appears to DE q misfortune OF the Tenth Ma
tional Bank to De engaged in constant litigation
against the city-a misfortune II seems to have
drawn on TO itself through advances TO different
departments OF the city government, which adj
vances were mainly made under the old Ring
machine. Among these advances were those TO
the Comm ssloners OF Charities and Correction,
ana on account OF which there was owing TO tile
bank, on the lst OF october. 1871. $27793o o5. On
the 9Th OF OCTOBER, 1879, the sum mentioned was
repaid to the bank. At The rlme o. me payment,
however, the interest amounted 10 Sl9,S2s "a,
wien city re used to paw. suit was
Accordingly brought 10 cOupel us payment.
The SUIT resulted in a verdict III favor or the
city, rom which the bank appeaed The argu-
ment on the appeal took place Yesterday in the
supreme Court. General Term, be ore judges DAVIS.
Brady and Daniels. IL was contended on behalf
OF che nank, tnat there was as IL ich Indebtedness
OF interest as principal; that there was dispute
as TO the validity OF the whole claim; that rom
the time OF tne payment OF the principa. 5he In
terest became under an implied contract,
that Jhe bank was entlfled 60 recover, not
only the amounts OF interest sued Tor. out the
In teresI which had accrued on sucn amount at
the time Oh the trial. In opposition IL was con.
tended tuat the payment ol the principal and
accompanying receipt TOR the whole amount due IS a
bar TO the claim Tor interest, and that the pay
ment OF the interest deIuanded is not authorized
Dy .aw. me Court took the papers, reserving
It's decision.