The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-11-16
SUMMARY OF LAW CASES.

temporary injunction was granted yesterday by
Judge Donohue In Supreme Court Chambers, restrain
ing Frederick Lcphorns from giving further theatrical
performances until payment Of his license fees.
Mr. Aaron Jacobs seems TO have great deal OF
trouble the proceedings against him for alleged
tempt OF Court. Aer various orders by Judge Freed
man. OF the Superior Court, and Judge westbrook, or
the Supreme Court, order finally issued yestcr-
day, by Judge Donohuc, vacatng previous stay
granted the case, and remandng him the custody
OF the Sheriff.
few days since Mary Simmons convicted before
Police Justice Blk Of ntoxcaton and sentenced to
six months in the workhouse Blackwel's Island II
is claimed that the penalty prescribed for this offence
either hnc Of $40 ten days Imprisonment in tho
City Prison. Application was made yesterday 10 Judge
Donohue BY Mr. william f. Howe for writ of habeas
corpus preliminary to full investigation OF the pro-
ceedngs The application granted.
In the OF the suit brought by the United States
for the condemnation of fifty -four OF French
canned peas, alleged to have been entered by H. X.
Thurber h Co. differentiation, Judge Blatchford
sitting the United States District Court yesterday
decided that it proper for petition 20 the
Secretary or the Treasury for remission of natcs
and he thcreupon threw the out OF by with
drawing juror.
Recently John Sommers applied 10 Judge Donohue
10 have his infant children, Frederick and WILL
lam, who in the custody Of their mother, sur
rendered to him. The sent before Mr.. Will
lam Sinclair referee TO take testimony to tho
facts The testimony showed that he was man of in
temperate habits and violent temper, and that she
kept disreputabc den in Cherry street Upon tho
proofs submitted Mr.. Sinclair decided that, in his
Judgment neither father nor mother proper per-
son have the and custody OF the children In
compliance with this report Judge nonohuc, after
urc dcliberation decided send them the shelter
ing Arms and gave an order yesterday 10 this effect
As the Court Of Special Sessions trying Ellen
Carter charge of keeping disordcrly house
oil habeas corpus served the Judges requiring
her production before the Supreme Court The Judges
however paid attention the writ but proceeded
with tho trial, found tho woman guilty of
has been taken from the Judgment OF
Special Sessions, and pending this appeal application
made yesterday to Judge Barrett in the Court of
oyer and Termihcr, 10 admit her 10 bail II
tended by Mr. William +. Howe, hcr counsel that the
writ served should have acted stay the Judges
Special Sessions. Judge Barrett said that the case
involved nice question OF law, and he took the papers
for examination.
An application yesterday made before Judge
Donohue for an order compelling the Comptroller TO
apply Deputy Comptroller Earles salary toward the
payment OF judgment Of $1,000 recovered against
him. An examination in supplementary proceedings
had, and according 10 the testimony OF Mr. Earle
appeared that hts salary barely sufficient 10 sup
port himself family He stated that HI had four
sons two of whom are in business that one OF his sons
his wife and himself boarded in West Washington
square that he owns real estate bonds mort
cages and no furniture, excepting desk but does own
assignment Of his property upon this OF facts
Judge ponohuc denied the application.
A further hearing had yesterday before Surro-
gate Hulchngs in the of the contested will OF John
l. Brown, formerly contractor for cleaning the streets
OF tins city Counsel for the proponents examined
Hamilton EVEN, J. Hiscox Joseph Warren, Patrick s
Kelsey and Mrs Louisa Severt 10 the mental capa-
city Of tho esator to transact business just prior his
dcccasc tho testimony gong to show that he of
sound mind. Mrs Althea Gcdney, OF Newark n. j.,
testified that she had known the esator and his first
wife, Mary Ann, for thirty years and that when they
cd of
Mary Ann. On cross examination she stated that at
one time sho took n message TO Mary Ann from
lawyer Offering obtain $50, 900 from Brown for her
She added that she saw Brown two months before his
death and believed that he was then IN sound mental
condition.
The application for stay Of proceedings made
Judge Barrett by Mr. William h. Howe behalf OF
John Clark OF tho murder of John Trevor
Rochester in July last, and sentenced to be hanged
was yesterday denied. The application was made on
the ground that improper testimony had been admitted
on the trial ot the before Judge smith, who tried
the nj the Court Of oyer and Termner OF Monroe
county Judge Barrett decided that the testimony was
properly admitted grant the application.
~ TIE case stands, unless some judge grants stay
meanwhile, the prisoner viii dOuhtlcss on Friday next
be hanged the two weeks respc granted bv Governor
Tildcn expiring on that day.
The trial OF the SUI, % Christian II. Lcuhai against
me stockholders OF the dctunct Ocean National Bank
~ recover 10000 the value Of securities deposited
BY hum IN the bank atthe time OF the robbery vas
Yesterday commenced FOR the second time before Judge
Van otst holding supreme Court Circuit In the for
ulel sun Vcruet was obtained Tor the plaintiff on tho
ground that the bank officials had been negligent IN al
lowing thc odhk 10 remain IN such condition
facilitate the robbery. An appeal was taken by the
defendant aud the Court Appeals reversed tho var
diet on the ground that tho defendants were only re.
srousIblc tor ordinary Ii is probable thai the
trial will occupy some time.
IN the Marine Court. Yesterday, before Judge spaul.
ding and Jury, Richard Walsh obtained A Judgment
Tor balance OF wages against the stockholders of what
has been known as the Olcmargcrne Manufacturing
Company. THIS company. II appeared by the tcsti.
mony the case WAS organized for the purpose or
manufacturing butter animal TAT In witch onera
ton Walsh was TO have hand. Failing To gct his pav
he sued and got Judgment against Tho COMPANY but
the sheriff failing TO bnd any property to
satisfy the debt, the present SUIT was brought
OH the same claim against the individual stockholders,