The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-03
THE COURTS.
Mandamusing the Commissioners Of
the Sinking Fund.
THE LEASE OF THE GRAND STREET FERRY.
Science as a Revealer of Forged
Handwriting.
THE AUSTIN BLACK SUIT.

The Legislature, at its last session, passed an act
authorizing the Commissioners OF the Sinking Fund to
sell at public the lease for ton years OF the
ferry from the Grand strcet in this city to the
foot OF Grand street IN Brooklyn. Pursuant to such
act the lease OF the terry offered for sale at public
auction the 18th OF April last, when the Peoples
Ferry Company gave for II the highest bid, being
g. 100 per annum. In addition TO the payment OF the
auctoneers fees the Peoples Ferry Company paid
twenty per tho first years rent All that re-
manned to perfect the sale was tho execution OF
the lease Upon this point there has been
hitch, and. as the usual sequence oil SUCH
Misunderstanding the case Is now before the Courts
for adjudication. This appeal to the Courts has been
.he result Of conflict between the Peoples Ferry
Company and the Commissioners oil the Sinking Fund
IN regard TO the terms OF the lease II is claimed by
TIE ferry company that in violation Of the act OF the
Legislature comforting upon power to sell the lease.
tho Commissioners OF The Sinking Fund have inserted
In the lease unauthorized and unlawful provision
and restriction requiring the surrender OF the ferry at
any time OH three months notice TO the Department
OF Docks, in the latter require the same in
order TO prosecute i,s improvement OF the
ton gives To the Department OF Docks power 10
terminate the lease at It's pleasure and that in par
ticnar such restriction and provision Inconsistent
and in conflict with the third section OF the under
which the lease sold by the Commissioners OF the
Sinking FUND.- by the OF which expressly pro-
vided that the lessee such lease SHALL the
piation OF the term thereof be paid the value OF the
buildings bridges and racks which shall have been
provided by such lessee for the operation Of the fran
chses under the lease an that such value should DO
determined by arbitration and appraisal and that such
provision and restriction in effect authorize the De-
partncnt OF Docks at any time during the continuance
OF the lease to take the buildings and other i'm
provcmcnts of the lessee without making any
compensation whatever therefor An effort
made by the ferry company to have the re-
slricton referred to omitted from tho lease
and an offer made to execute lease drawn up
without any such restricting clause, but Comptroller
Green, acting on behalf OF tho Commissioners OF the
Sinking Fund.- refused 10 have any other lease executed
than one cmbodying such restrictions. One OF the
grounds OF objection TO any such lease as that submit
ted is that the ferry has been long OF and the
buildings and ferry fixtures at each terminus including
The pcrs docks slips, wharvcs bridges and floats have
become ilapidacd and unfit for USE all OF which ne
cessitatcs largo expenditure OF money on the part
OF tho ferry company and Tor which outlay
it is claimed there is no possible show OF
reimbursement unless different sort OF lease than that
proposed executed Upon the abcvcstated facts ap
plication made to Judge Donohue, in Supreme
Court. Chambers, for an order 10 show cause why
rcremptory writ Of mandamus should not be granted
directing the Commissioners OF the Sinking Fund to
execute to the Peoples Ferry Company lease OF tho
Grand Street Ferry rendered by such ferry company to
the Commissioners the 2Sh Of April ast such lease
being tree from the restricting clause referred to- The
order granted yesterday and the VIII come up
for argument on Monday next
THE IDENTIFICATION CHECK SUIT.
There was another very large crowd in attendance
yesterday In Supreme Court Circuit, hold by Judge
Dykman TO witness the continuation of the trial OF
tho suit brought by Austin Black to recover $63, 900
a check the certhcaton of which by Alfred limp
son. the teller is claimed by the bank to have been
forgery. The plaintiff represented by ex-Judgc
Fullerton and Mr. Edward W. Goodrich, and the bank
by Mcssrs Luther Il. Marsh and Henry L. Clinton.
The days proceedings opened by further testimony
in rcbu,tal behalf of the plaintiff the first wit
ness being Peter H. Vanderwatcr, Professor of
Chemistry in Cooper Institute He first examined
the check in suit and others, the ccrtifcation of
which by Mr.. Timpson acknowledged be genuine,
by the microscope He stated that the check in suit
presented tho same general features as the other
checks, and be pronounced them unqualiiedy the
same certlication. When asked, ON cross-examna-
ton, whether tho ink in the genuine checks and In
the suit were not of different shade he said
they were, but this he explained. was occasioncd by
exposure and fading and by handling the check great
uca.
4 s.ercoscopic exhibition OF the check in suit
gwen by Mr kungi, photographic artist, the
room having been darkened tor the purpose. An
ormous picture OF the contested check was thrown
On The wall, bringing out n wei developed proper,
HONS every letter and shading. 1t was claimed
hat the bold, tree character OF the ccrthca-
lion thus shown IN the magnllcd define
alton Of the check, gave indubitabie proof that
hc ccrtlcation IN the handwriting OF Mr..
gimpson. Aside from the legal bearing OF the exhibit
on, 1t thoroughly enjoyed on account of It's
rtistc and novel features Al the close OF this exit
)iiion ana when the room was again restored To its
,ormai light, further Witnesses were examined, the
latter being called in surrebu,tal behalf OF the
bank. William o. Hunter expert in the matter OF
handwriting, pronounced the certlcaton Of the check
suit forgery After he had explained the alleged
differences, his opinion. in the handwriting OF the
conicsscdly genuine signatures Of Mr. Timpson and
That of the check IN suit, no was cross-exainncd at
length By Judge Fullerton.
Glow much do you charge for your services as
expert this cascy ~ inquired Judge Fullerton.
II charge $500" answered the witness. "You see.
live IN Boston, and II is some trouble TO come here.n
is that all the pay you gety"
.'No; @ct $50 day for attendance"
How long viii your attendance beY'
"That VIII depend upon the length OF your cross
Examination
..wcl, am through now will try and save the
bank something
james NcDona Vice President OF the National Bank
Note Company examined the contested check aud
gave IL his opinion that the ccrtiiicalion
forgery He said that II very evident 10 him,
examining the check through glass, that the writing
Of the certiucaiion VAS made by drawing
original tracing and then rctracing II the
check. Lorenzo Fairbank, another expert IN the
ter Of handwriting, was next called He pronounced
the ccrtcation the contested check forgery. II
was alter four O'Clock when has examination was
Guided An effort was made TO have the Trial adj
ourned anti next Monday, but some of the jurors
pressed an anxiety have the proceeded with,
and Judg. Dyk said he would have 10 hold court
In White Plains Monday After some further DIS
tusson II finally concluded TO take short recess
and 90 with The triaL
on The rcasscmbling of the Court Mr. Henry 7. Cn
lon summed up behalf Of defendant and exJudge
Fullerton for plaintiL Judge Dykman then charged
the jury, WHO retired ~ eight O'Clock, with nstruc
tions 10 bring In a sealed verdict this morning.
SUMMARY OF LAW CASES
John Mcs;uckin, first mate OF the American bark
Emma G. Litchhcld, examined before United
States Commissioner Osborn yesterday, Charles An
icrson second mate OF the vessel, having charged
hun with repeated cruelty during voyage Of the
sell The evidence tended snow that Anderson
an in com uetent .ilicer and McGuckiu. having extra