The New York herald., 1876-03-07
A BUSY DAY AND WHAT WAS DONE
Bringing Delinquent Jurors Up tc
the Chalk Line.
Mr.. VCONOR AND THE TWEED SUIT
Another Chapter in the BIeecker Street
Railroad Suits.

much though the lawyers OF the city were out
in full force Nearly every one had his bundle
OF legal papers and busy, anxious look, as
though very important results depended upon
his movements. Each court room was crowded
to ITS utmost capacity, including not only the
opposing counsel IN the multiplicity of the
rous calendars hut jurors who had been summoned to
Sit as arbters in awaiting legal adjudication
Much curiosity was evnced to know how
the lawyers would act in regard 10 tho
recent resolution OF the Bar Association
directing the lawyers to rise and stand while tho
Judges OF the general terms came into court
and took their the bench In the Supreme
Court, General Term, rather weak attempt
made to comply with this new regulation, but the
court room donscly crowded at the time, and most
of tho lawyers compelled TO stand for want OF scas
the grand formality failed to carry with it that i'm
preston OF respect and dignity that otherwise might
have attended IT, In the General Term OF the SUI
perior Court the effort little successful but
in the General Term of the Court of Common Pleas
was wholly ignored. Some lawyers talked quite ex.
citedly this attempted innovation.
As already intimated IL busy day yesterday In
The courts good deal of time necessarily however
consumed in calling the calendars. 1t a bad
day for delinquent jurors fines OF 500 each being
rgdly imposed upon all who failed TO respond to the
calling of their names. In the Supreme Court General
Term, Judges DAVIS, Brady and Daniels occupying the
bench, decisions rendered anticipated but
understood that thcy will be handed day with
out fail During the day three appeals were dismissed
by default aud four argued the latter being
simple appeals from orders and embracing points OF
public interest In Supreme Court, Special Term,
before Judge Larremorc, denurrers argued in the
suits OF Iangdon VS.. Phelps, Hocgvs PentZ Cafn VS.
Smith and lehmaicr VS. Locke These also In
voveA questions of public interest, but wholly
dry and technical Judge Larremore took the papers,
re:erving his decision Judge, Donohue holding su.
nrpm hi cnl ndare
h very lively rate calling no less than 800 motions
aud nxng the times TO hear them in addition to hearing
two three important motions, the principal be-
Ing in regard to the Bleecker Street Railroad In Su
preme Court Circuit, Part l. Judge Barrett entered
tue trial OF the SUIT of John J. O'Bren Joseph d.
Browning ct al The suit is 10 set aside an alleged
fraudulent conveyance OF property and
cluded when the Court ADJOURNED Judge Lawrence,
holding Supreme Court, Circuit Part 2 tried the
OF James f. Briggs Co. against William N. Thomp-
son. The suit was on four promissory notes gwen
In payment Tor all which II is claimed of in
cror quality The man question was OF guarantee
The terminated IN verdict for SIS 062 TO- in gold
Judge Van Worst holding Supreme Court Circuit Fart
g. tr,ed one case and party tried another The suit
tried brought by Herman Wlnehaus against
tho city for 81 500 damages, account OF injuries
tanned through falling into an excavation made for
sewer Averuict gwen IN his favor for $3.50 The
other suit was thai OF Charles 5 Roberts ct al Va.
Charles Helsen5esch ct al The question TO be
tanned is whether the latter obtained goods through
fraudulent representations
In the Superior Court, General Term. hod by Chief
Justice Mcneil and Judge Sedgwick, the expected de-
cslons on cases argued the last rem
dercd but 1t is stated they Will be given next Monday
The day consumed IN hearing arguments ap-
peas from orders involving manly questions OF prac-
lice. Judge Sanford who held Trial Term, Part l, of
the Superior Court this being his first sitting at Trial
Term since his election Judge, had quite an inter
esting before him, but II was by the merest
chance that he was able TO Try this case even out of
panel OF 100 jurors only twenty -our answered TO
their names and OF these twenty -four twelve had to
be excused leaving Just bare jurors enough TO try the
case. He, however. ordered extra panel OF 100
emergencies The case, the trial of whi ch
was commenced, was SUIT brought by Mary Briefly,
Administrative OF Lawrence Brlcrly, against Michael
SMITH contractor for S. 0CO damages account OF The
killing OF her husband. Tne deceased a shoemaker,
living n house Fortieh street, between FIRST aud
Second avenues. The defendant was engaged IN blast
Ing when fragment OF rock weighing some 800 pounds
from the blast struck the side OF his house and crash
ing through, hit the deceased who working at the
time hls bench This occurred on the Sd OF August
The unfortunate victim OF the casualty fingered in
agony until the 2ith Of January following. when ho
died The planlii represented by Mcssrs. Baker
Russell and defendant by John \ Grey. prob
able that the trial will occupy two or three days The
defence rs n general denial In Part > Trial Term of
the superior Court, held by Judge Sper, there
abundant jurors in attendance and many cases on
the calendar awaiting trial. but no lawyers were ready
and a compulsory adjournment without doing any
thing the result The only thing of any import
that came before Judge Curtis, holding Special
Term OF the Superior Court was motion. which was
granted, Tor commission TO examine a witness in
Connecticut IN the SUIT OF General Stu.m against the
Atlantic Mutual Insurance Company
In the General Term OF the Common Pleas held by
Chief Justice DAILY and judges j. r. Daily and Van
Hocsen, several decisions were handed IN OF cases
argued during last term. The most important Oi the
decisions was that IN the SUIT OF Helen L. Grinncll
against Frederick Kirkland aud Others the point OF
importance bcirg that the SUIT upon the question
OF right OF title To street formerly known l56th
street, and which at one time comprised portion OF
the estate OF the celebrated naturalist, John " Audu-
bon. In 1851, when Mrs Audnbon, the widow OF tho
naturalist, divided the estate between her sons
victorG. Audubon and John W Audubon. she conveyed
ali on the north side OF the centre line OF latth
street to the named son, and all south OF this
centre line 10 The latter son In thc suit IN question,
tue street never having been designated as public
street, the parties ltgant clam respective ownership
TO the Of street accordance with their
Epcctiyc deeds the pantn deriving title under Victor
o. Audubon and the defendant has title under John y.
Audubon. Chic Justice Daily, who writes tho opinion
In the case holds that II does not necessarily follow
shat because Mrs Audubon bounded the lands convey
BY her TO her Two upon lJOth street the effect
bf TO give 90 each OF them right Of way TO the
extent Of che designated street. whether II was accepted
Or not by the public authorities public street He
then goes on 10 say that " lad down upon the
Commissioners map OF 1907 n street. and, Of
Tho poss'h'iy thnt might be accepted by the
public authorities aud laid out street
Mrs. Audubon made her convcyanccs In
anticipation OF an event that was no. only possible,
but highly probable lie then holds that inasmuch as
the Commissioners Of Central Park OF 1862 Who had
authority from The Legislature TO lay out tnat part OF
the city IA streets omitted A. and tho decd OF
the land conveyed TO toe plaintiff ami bounded
BY the north line OF l56th street the l. declared
not TO be opened or laid out no assessment therefore
OF right OF way to the whole extent OF the land
designated upon The map OF 1907 OF l5dth street was
ever acquired by the pian,n under tho aNard OF Mrs
Audubon by any dedication acceptance % a.
lie goes into further history Of tuc case the
ai1rms the Judgment OF the Court below.
This Court also aflrms the Judgment giveE against
the Belt Limo Railroad Company in he suit OF Jenn,
Parmly wbich she was riding was IN danger
OF beng run into by express train, and IN Jump
Ing out TO save herself she sustained the injuries OF
account OF which the suit was brought.
In the suit OF the Commissioners Of Charities ant
Correction against John McGarvin Chief Justice Daily
who writes the opinion, examines az length ih
legal meaning OF the word town, as appearing on ou
statute books. Ho holds that city--the same havn
expanded from a town INTO a city--is cgally IN
cluded the town. and that all statutes having
reference TO towns have equal application 70 cities
This question being the principal involved IN th'
suit. the judgment OF the Court below Is affirmed.
Mr.. Aaron j. Nanderpocl the lawyer In gOO6
luck. The General Term, Judge Robinson writing the
opinion declares that he s entitled to receive h,
city <ll,lA 81, the amount OF bis bill rendered ioi
legal services for the city IN 1873 and 1874
In TrIaI Term. Part OF the Court OF Common Pleas
was commenced the trial OF a SUIT brought by Angus
silver against George A. Lcavt q Co. recover $500
the alleged value oftw OIL paintings, entitled respcc