The New York herald., 1876-07-07
GENERAL TERM DECISIONS.


opinions the only business transacted was granting
order to show cause why Titus B. Eldridge should not
be dsbarred accoust Of alleged professional irregu
lares in connection with the proceedings before the
Surrogate In the Barmore will There nearly
eighty opinions, heng decisions mostly upon
argued At the last term Of the Court But lev, how
ever are Of special public interest," and for
that matter the facts in nearly all Of them fully
given in the AxRALD at the trials Of the cases Below
is given an cpitoms Of the most important opinions
Among the decisions handed down the judgment
OF the Court In the case OF George W. Loomis and
Thomas Lewis. famiIiarly known to the police the
"Twin Confidence Men," in whose behalf application
was made BY Mr. William r. Kin,zing for . trial At
the last OF tho Court They convicted
the December of the Court Of General Sessions
before Judge Sutherland, sf the larceny Of 500 by
trick and device, from Christian OIAson, cmisran
and sentenced each to imprisonment Of i've years
In the State Prison. The facts, as developed upon
the trial. showed that the accused picked up' Oason
whom they prevailed upon 10 visit drinking saloon,
in which place the accused commenced 10 throw dice.
Lewis induced the emgrxnt TO loan him 500 in order,
he said, that he might win some money from
LOOMS PROMISING should he lose, to 20 10 The bank
and get check cashed Tor $780, whicn hs said be
In his possession and then pay back the money. As
matter OF course Looms won, alter which the accused
both disappeared, leaving the cmsrant alone his
money Upon this state OF facts tho Judge charged
jury that II th. accused conspired rauduently and
feionously to obtain the money and intended
vert 1t absolutely to their without the emf
grants consent and against ms WILL they could convict
10 which the counsel excepted Mr.. Knitting COD.
tended that the conviction Illegal, the complainant
having parted not only with tho possession OF The
money, but also With his property In u; that It
taken either against his Will without bis consent;
there entire absence OF any trespass that
the money was loaned In bills, knowing that the
TO be used IN game Of chance, that In so doing
he lost all control power and that the
cuscd intrustcd with the possession ~ the money
and not expected 10 the Identical bills and
thai the return Of other bills were expected future
to quidate the debt Counsel further argued that
where appeared that the OF personal properly
intended to surrender title and deliver possession
luely II was not larceny. although he had been
duccd TO part with by irau fulcnt means District
Attorney Phelps took q contra view, contcnding
intent, through trick aud artihcc and
without any intent upon the part OF the emgrant
part absolutely with hie property; that the accused
conspred together 10 dciraud him OF his money
and That the consent OF party obtained through fraud
In law consent ut ALL that the law requires
intelligent action OF the mind The Court IN
able and exhaustive opinion delivered by Judge
Daniels, refused to grant new trial holding that
had been committed IN the court below aud
the IN law made out OF IL is Tho
Intention Of the counsel for the prisoners apply
another writ Of error aud remove the into the
Court OF Appeals for nnai review.
la the OF The People ex rel John H. Elliot
The New York Cotton Exchange.-Johu H. Valentine,
formerly a member Of the Exchange, was expelled.
Mr. Valentines seat In the Exchange was sold TO Mr..
Elliot Elliot asserted his right the seat but the
committee decided adversely to him, whersupon he
sued the Exchange Tor an Injunction restraining the
sale OF tho contested seat The defendants considered
this q contempt and Elliot was expelled The matter
came up before the General Term appeal from
order SUSTAINING . demurrer to writ of mAndamus