New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-29
THE COURTS.
A BROADWAY WIDENING ASSESSMENT.
DECISION or THE COURT OF Ap. EAIs IN TILE Asros

BROADWAY WIDENING ASSESSMENT.
DECISION or THE COURT OF Ap. EAiS IN TILE AsTo1
SUIT.
The decision Of the Court OF Appeals yester.
day in OF Actor against the Mayor Is probably
the case OF John Jacob Astor against the Mayor brougf
IN the Superior Court In that suit Mr.. AsOr sought 70
set aside an assessment property OF bis amounting to
S37 375 and imposed account Of the Broadway WIDEN
Ing Several grounds alleged the main one con-
sidered by Judge Freedman before whom the was
trsd at Special Term being that Er HcnDessey one OF
tho three Commissioners Of Award and Assessment
had, before the making Of the report, substantially
Withdrawn himself from tho Commission. so thai
the final report that OF two instead OF three Conns
sioners Ts Judge Freedman held he fatal to the
port and further held that the art Of 1872 could not pro
void and the act OF 1874 modifying aud extending The
act 81 1872 did not apply being passed after the sutwat
G"ners Term that court Judge Curtis gIypg tho
opinon-relyng on the case OF Lennon agt the MAYOR.
held act OF 312 did prohibit such an action as
this ana reversed Judge Freedman decision From TN
the plaintiffs appesfd 70 b the St o, asPas
Court has affirmed.
4 CONTEST FOR THE POSSESSION or CHILDREN.
A habeas corpus to recover the four children
OF Mr. Oliver from their stepmother, Oliver.
before Judge Donoue in Supreme Court, Chambers yes
terday The father died Sept H. 1873. His sister
promptly took out letters Of guardianship. ard on Sept
% served a writ OF habeas corpus Mrs Oliver II was
stated In court yesterday and not denied that after the
service OF the writ Mrs Oliver sent three OF the children
retaining tie yOuneestto the Leahe watts Orphan
Asy and brought only the youngest to court in oOeI
ence 10 the writ Judge Donobue ordered Mrs. Oliver TO
bring al court before he woud hear her snswer TO
the writ Yesterday all were present aud the steotner
fled her return, alleging tat her husband III ms
last moments had committed the children 10 ncr,
charging her 20 bring Them ny Ia ne proe1nt nn'
The reatOr IN versing tie return says mat h Onr
was married to the mother Of the children III CaLoe
c,.lr M
Catholic rites, and that the attempt 70 aisG INC r.os
mother poor and Unable, IL willing to assume the bur
den Of educating the children. . ,.
Judge Donohue refused, the face OF the letters OF
guardianship hear the case on the merits hut All
ourpcd the matter Saturday to give the respondent an
~ them isavine the children meanwhile in the poses.
sion OF tic steprnother.
A MOTHERS TESTIMONY AGAINST A BURGLAR.
Charles H. Madam was tried yesterday in
the Court o General Sessions before Recorder Hcket
FOR burglary the frs. degree convicted on mis- moth
ers testimony and sentenced to twenty years in state
prison The young man. IL was stated had been almost
from infancy criminal, had served terms in the pent
Tertiary and State prison. though yet only 20 years DID,
and was a terror to his parents On the night
of Aug % he broke into his parents cham.
Der and stole q pocketbook containing 49, His
mother waking and recognizing him, no threatened 10
Kill her if she made noise, ahd ese".c1 IN snis lct
testimony his mother much ag1tae1 and almost
tainted The prisoner denied tho whole story, ana s3id
he was ut the time OF tho pcs at the river SIDE
Recorder Uicett, in passing sentence said ne a never
before met with such ease OF wllful wlckednees HnI
deprayy, and owed II 10 society TO pass on Tho PRISONER
tho full senteIce-20 years In State Prison
ACCUSED CUSTOM. HOUSE OFFICERS DISCHARGED
On August 6, Crstom-house Inspectors Lem
uel c Nodine and Samuel w. swayze were arrested on
charge Of receiving brides for passing free Of duty du
articles belonging 70 passengers who arrived on tha
steamer Queen swayze and NOdine were recently TX.
hos, Com, 0.hn
elected was published in THE TRIBUNE. The Coni.s
soncr reserved his decision until yesterday when he chs
charged the accused the ground that the government
Lad failed ~ MAKE out a case against them