The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-29

second trial Judge Barrett yesterday granted leave 70
the city amended answer setting up fraud
and collision in the making Of the contract forming
In September, 1873. Henry /. slotc, Jr.. aged six
teen had his leg broken By the falling OF derrick
used Ia the Fourth avenue excavation ~ Redneld x
WAesey, contractors. His father brought suit IN the
Court OF Common Pleas against the latter Tor $1,000
damages. The case was tried yesterday before Judge
Van Brunt. and resulted In q dismissal OF the
plant on the ground that no negligence shown
the part OF The contractors.
Before Judge Lawrence, OF the Supreme Court there
was a prolonged argument yesterday IN the old SUIT OF
James l. Mitchell against Cassus NJ Reed former pro
preior OF The Hoffman House. Tho suit grew OUT OF
dispute as TO the lease the facts OF which have been
repeatedly published. Mr. John T.. Burrill appeared
for The plaintiff and Mr. Il. ". Cotterill for The de-
iendant Judge Lawrence took the papers reserving
his decision
Some time ago the Industrial Exhibition Company
obtained order OF against Morganthau, Bruno
4 CO., their financial agents together with njunc-
ton restraining them from dsposng Of It's bonds.
Judge Barrett yesterday vacated the order Of arrest
nnd dissolved the Injunction. He also directed the
County Clerk 10 return 10 the defendants the bonds
known as The Industrial Exhibition premium bonds,
deposited by the defendants as part bail.
The SUIT brought by Ludwig Trieste to set aside mis-
marriage with Julie A. Romans, the trial oil which has
DAILY, IN Special Term OF the Court Of Common Pleas,
was yesterday brought to close. Judge DAILY decided
that the evidence aiied 10 show that tho plaintiff was
under duress AT the time oil the marriage. He there
upon dccllred that the marriage valid and directed
dismissal OF the complaint.
In suit tor divorce brought by Arthur Walker
tcrday granted order Of reference In similar SUIT
brought by Caroline Won Schiller against Charles Won
Schiller Judge Barrett yesterday directed the painif
TO pay $50 counsel fee and SIS week alimony 10 his
wife
sgismund Botts the lawyer charged with having
forged the name OF JudgcJ f. DAILY 10 what purportcd
To be an order OF the Court came yesterday before
Chef Justice Daily to explain the facts OF the case.
Various witnesses examined, tending to substan
tiac the charge OF forgery against Bolts when the lat
ter thought advisable 10 have counsel, and requested
an adjournment until this morning Tor that purpose,
which was granted.
Mrs Elizabeth Connors. charged with cruelty beating
adopted child four years old, having been arrested
by officer OF the Society for the Prevention Of Cruelty
10 Children. yesterday, together with the child
brought before Juoge Barrett in Supreme Court
Chambers. Tho child was Temporarily committed to
the care OF the Police Headquarters, and tho
case will be fully inquired irso to-day.
A question OF jurisdiction arises in the case OF the
probate OF the viii OF tho late Captain Arthur Campon
The deceased for several years commanded vessel
sailing from this port and his frequent voyages his
wife most generally accompanied him. While his
vessel in port here the deceased boarded with his
wife In Brooklyn. now the question OF his domice
and the proper Court to the will probate to is
raised When this preliminary question Of Jurisdiction
rs settled the VIII Is to be contested by the widow.