The New York herald., 1876-07-12
GENERAL SESSIONS-PART /.
rms ROTH


The entire session of this Court yesterday was oc-
cupied in the trial Of of assault and battery
similar to those usually tried at the Tombs Thomas
J. Reynolds. alias ''Pete" Reynolds alias "Guerla,"
appeared as complainant against Thomas Noble, the
proprietor of dance and lodging house at No. 35S
Water street. He stated that the night Of June
hired a from the accused and that short time
after taking possession OF it in company with a friend
he was ordered by Noble to clear out, and upon his
refusal TO DO having pnd tor the room, that Noble
assaulted him with a club IN savage manner
Chauncy Shatcr, counsel for Defence in long cross
examination showed that the complainant dcs-
peraic character. who had served various terms IN
prison Tor assault and battery, and who WAS for Il
long the terror Of the Fourteenth ward. Assist
ant District Attorney Herring showed, in manner
equally clear, that the accused a man Of the most
dangerous character, who had been in the hands OF
the police for assaults again and again ambo
was the opn,on of the jury, who found a verdict OF
guilty. Tho Court remanded Noble Tor sentence
I'll to morrow.
PLEAS AND SENTENCES.
youth named James Hogan pleaded guilty to
snatchIng gold watch aud chain locket from the
person OF George Off, Jr, OF No 351 East Forty ninth
street, IN Second avenue on July l. and was scnt to
the House Of Refuge
William r. Pittman, alias John Kelly, OF No 20 Alien
street, called at the store Of Solomon Co., No. 057
Broadway, Juno 49, representing himself tho
agent OF Boston nrm obtained a quantity Of prop
erty which ho subseq sold the store of shep
pard Knapp Co., sixth avenue. Bong arrested
subsequently he pleaded guilty and yesterday
to the Pcuitcntiary for one year.
William Anderson, who broke into the promises No
$40 Lexington avenue and stole quantity OF lead pipe
pleaded guilty and was sent to State Prison for two and
Onc-h bali years.
George Turner, a waiter from Hartford who on July
3 soIc a marble clock and IRON the office of the
United States Mutual Lie Insurance Company. No. 261
Broadway, pleaded guilty ana sent State Prison
Tor two and one-half years.
WILL OF CITY SURVEYOR BOYLE.
In the of the contested will of Edward Boyle,
deceased interesting question OF law has been
which will make IT, when decision s passed upon IT, a
legal precedent in time to come. The deceased Boyle
we'll known city surveyor, having had ntrustcd
TO him several undertakings of great public utility and
importance. Among these tho surveying and SUBJ
sequent supervision OF the laying OF the Kngsbridgo
road. Mr. Boyle had acquired fortune estimated at
$780, 00O and In the latter part OF his life he had
given out he had encumbrances or prospective
in the way Of cousins other relative to stand
between him and the disposition OF his property as
he might deem it, and 1t appears there was
no one who seemed TO claim relationship with him. In
1865 tho deceased made will bequeathng all his prop
erty to his wife, child having subsequently been
born to them, but which died In Italy whio himself
and wife seeking health recreation in travel
Before leaving this city his European trip made
a codicil to his will. in which recognizing he set
forth in it. the dangers and pers OF travel by aud
land, he added provision that in tho of his
and his we's death by any calamity bealIng them at
the time the House Of the Good shepherd should
inherit the whole OF his property In the pro-
vidng for such acoutingency he says:'t is my win
that my said wife aud myself should perish by the
calamity accident the devise sha ali be void and
the bequest to the House the Good Shepherd should
be valid and cfcctuaL" Mrs Boyle, who accom- panied
her husband TO Europe, while sojourning at Rome was
attacked with maarious lever her husband suffering
in a sIghter degree from the same complaint: thev
hnstened to Paris where both died in few days after
their arrival ME Boylo succumbing to the disease
three days after his wife's DEATH which occurred on
the 12th day Of April The will and codici are now
presented to probate by Vicar General Quinn, repre-
senting tho House Of the Good shepherd, Mr. John
Mckeon acting MS his counsel. Tho will is contested
by Mr.. William J. Cowey, who claims to havc
been first cousin OF the testator in his
The contestant claims that the will and the codic
making the bequest of the estate and property OF the
deceased to the House OF the Good Shepherd in
for expressed contingency Only-that OF
deaths bv tho accident divine visitation apart
from \ natural death. and that such contingency
having arisen, but having died natural death, with
thrcc days apart tho bcques void, and tho estate
must go tho heirs at law. Il is also claimed that
under the statute of $780, person dying, having
wife, Is prohibited from beaueahng
than, than one hall Of his estate to any char-
and that IL the codcil 10 not entirely void
1t Is only applicable one-half Of the the de-
cedent that the House OF the Good shepherd having
exceeded the statutory restrictions upon Cumulative
property permitted 70 such similar corporations,
and that therefore, is incompetent for the House OF
the Good shepherd 10 take the present bequcst II is
further claimed that the codic procured by
due influence that Mr. Boyles mind in his lifetime
seriously impaired by cpileptc attacks, and that tho
bcques contradiction OF all the deceascds re-
peated declarations to the disposition Of his prop
erty The Surrogate will hear further argument In the
Tuesday next