The New York herald., 1876-12-22

s"sH shouu W Nacoseu, SiV Sosto VI
Mr. W. j. Butler appeared tor plaintiff and Mr.. A. J.
Vanderpoei Tor the defendants.
CURIOUS FORGERY SUIT.
In the Supreme Court. Circuit, Judge Larremore
presiding, there stands ready for trial the action
brought by the Merchants Exchange National Bank,
Of this city, against William r. yeltman, William
Leaihe and Edward D. smythe, to recover the sum OF
s20,5l7 IL, being the amount alleged TO have been
paid upon forged checks 10 the defendants Tho
complaint that June :, 1876, the defendants
Obtained 81, ,996 AZ upon forged chock Of Bryce Il
Smith and tho same day upon other forged checks
Bryce Smith procured certi1cation Of the plain
tids, in consequence OF which they were obliged to
and did pay the further sum Of SiS,52o 10. The
affidavit OF the cashier OF the bank, Allen S. Aprar
upon which The defendants were held TO bail in The
sum or S2l, 900 each, represents Yeltman as being
in the employ OF Bryce Smith and AS having de-
posted with the bank several checks purporiing TO
ue those OF var ous people drawn tho order OF Bryce
n Smith-and by thc0l indorsed-and procured tho
amounts OF the same 10 BIO passed 10 The credit OF
Bryce Smith, and so entered upon their pass book
which Veliman had al the time: that at later hour
the same day Vcltmau presented checks purport-
ing TO be drawn by Bryce Smith, which were certi
he'd by The bank upon tho reliance tnnt The checks
hrst deposited good and genuine that they were
all OF them, with their Endorsements, lorgeres that
William Leaihc assisted veltman in the iorgcres; but
alter their discovery there was foand IN trunk in
The bedroom of Lcathe in his house memorandum OF
the forged checks. as also the genuine signature OF
Bryce Smith, gwen by Vcitnian 10 Leathe to help
him commit The iorgcrics, ana that Edward ID.
Smyihc was conApirator, and received some OF tho
money as has been charged by Leahe All three OF
the defendants were arrested and held 10 bail 10
answer criminal indctment, as We'll as
TO answer in this action. 'elsman. after
arrested in Hamilton, Canada, from which place ne
consented voluntarily TO return. II is claimed in be-
hnli o Mr.. Smythe by his counsel, Morris Pearsa,
OF Brooklyn with whom is associated Mr.. Benjamin
f. RUSSELL OF this city, that he is entirely Innocent OF
all connection with the iorgerics, and that the trial
will establish his good character and reputation and
show that al the time of bis arrest he had only been
suor. time here with his family, upon visit for tho
summer IRON his home in Savannah, Ga, where Tor
many years he has been established in business as
wholesale dealer in crockery and where he has been
very widely aud iavorabiy known The motive for
Lcathcs false accusation against Mr.. Smythe is sup
posed to be all expectation that he might be allowed
10 give evidence against Veltman and Smythc, and
thus escape punishment himself. Messrs. Lockwood
Post appear Tor planun; A. II. Purdy Tor defendant
Leathc; W. y. Howe for vetmsn; Morris Pcarsa
and Benjamin +. RUSSELL for Smythe. 1t is expected
the Will reach u trial To-day
ADULTERATED MILK QUESTION.
AT the sitting the Court OF General Sessions. Part
l. yesterday Judge sutherland the bench the trial
ot Daniel Schrump Tor selling adulterated milk the
o5th OF August, in violation OF an ordinance OF the
Board OF Health resumed. Tho testimony
elected throughout was similar to that given
by previous witnesses. Professor Henry Morton,
OF the stevens Institute, and Professor Silliman,
OF Yale College, stated that they had made
the question OF milk study and had made
various analyses o. They considered that while tho
best method OF determining the component parts Of
milk by analysis the most accurate test 10 obtain
the presence Of excessive water in milk by the lac
tometcr conjunction with the thermometer and the
evidence OF the They also OF opinion
the standard OF specific gravity adopted by the Board
OF Health was tho least to which good milk could de-
md Ia mt M nj irnf fhn faSt
should be made was correct Both witnesses were famli
lar with works on the subject OF mix and IRON their
reading they were OF opinion that the lactometer was
the most accurate instrument to determine the pres
ence OF water IN mix. DR.. Waller. DR.. Endemann
and Dr. Mott testified that they had made personal
aud analyses OF milk and were OF opinion that
the iactoncter in use by the Board OF Health was
accurate instrument IN ascertanng adulterations in
milk Mcssrs. Jephson and Garner, who were en-
ployed inspectors by the Board testified that they
had examined The milk Uf 100 healthy with
the actometer in question and found milk that
went below 1O2 degrees. All these witnesses were
by the defendants counsel and the in
icrrogaory was frequently pGt whether with the and
milk or not Tncy generally replied in the mega
tive and counsel renewed his oner to introduce his
was the Court would not allow il TO be examined.
The hearing Of the will be resumed this morning.
SCANDAL TRIAL
After Mr.. Francis d. Moulton discontinued his sui.
against Henry Ward Beecher Tor $50 900 damages
alleged malicious prosecution, finding that order to
Try the he would be compelled, purs Judge
Wcsbrook's decision, TO have the case tried in Dela
ware county, Mr. Thomas G. Shcarman. counsel for
Mr. Bcccher, though; he was emitted to somc extra
allowance Tor his special legal services, and having
estimated such at 81 500 he made applica-
lion to Judge Brady, in Supreme Court Chambers, to
be allowed this Judge Brady yesterday gave his
opinion ID tho matter, in which he decides that Mr.
sncarman estimates his services at just ten times
their value, viewed from Judicial standpoint
The following is Judge Brady's opinion, which Is
probably about the closing chapter in this serial
scandal story
The motion for extra allowance in this action was
pending whom the bill OF costs was served and the de-
cndns attorney insisted that the COSTS II TO be PAID
would be received only 90 condition that this proceed
ing should not be prcudiccd IL is true that the rep
rescntation of the decndants attorney thcn stated
PAID them Internationally, and left the money
which appropriated, but there was NO adjustment
OF the costs III accordance WIN thc rules OF tue court
and there no meeting or unison OF minds which
made tho payments so absolute as 10 subject the
defendant 10 tho hfty-sxIh rule cf this court,
requiring tho motion Tor an allowance to DO
madc before tho bna adjustment OF COSTS The
next and remaining question ", therefore, what
amount OF allowance should be given. entertain
dou bt that this proper case Tor an allowance under
section 500 OF the Code or that the circumstances At
tending the prosecution arc sufficient TO justify, nay
10 fequirc, some indemnity The defendant had not
answered when the was discontinued is true,
but he had appeared and defended. lie had ntcrposed
u utlcEce Dy uemuTTcT. anu tnS Was tuiuk SUM-
under section 500. Inc paintif succeeded upon
the demurrer, both at Special and General terms, how
ever and the only LABOR pcrormcd IN the cause there
fore she part of the defendant OF which this Court
take notice is that involved III tho arguments
n, Special and General terms This labor
IL seems unnecessary and subjected the
piainli to delay and expense Tho result that The
defendant has appeared IN The action ana done nothing
more except 10 obtain extensions oi the time 10 an
The action was one OF great importance TO the
parties, II Is ,ruc aud II II had continued would doubt
less have invoivcd many serious complications, but
these would have bccn formidable only at the trial
in its preparation. The had not reached that
stage already suggested when II was discontinued
There was indeed, 10 issue. Under the circun-
stances think moderate Tee only should be granted
THIS should be gwen because The plaintn by
nencing this actlon rendered the employment Of
counsel necessary. think $3.50 should be allowed.
DOMESTIC DIFFERENCES.
John Patrick, who describes himself as an Irish