The New York herald., 1877-12-19
HERALD WEDNESDAY 49, s7-TRIPLE

Revised Statutes, As this count substantially
alleges that Benjamin Y. HaskIns, claiming
TO be the stenogrnphcr Of Judge FIanngan's Court,
received and obiaiued the money OF the Comptroller
l think II clear that this count cannot be sustained
as acount for oblainng tue money by Judge Flanagan
by Of false token or writing or false pretences.
Indeed, understand tho District Attorney on tho
argument OF the motion 10 quash TO concsde that the
third count could not be sustained, and 10 say that
be willing that u should BIO quashcd. IL follows
that the motion 10 quash this indictment should be
granted, and that order to that effect should be
entered" The order Immediately entered aud
Judge Flanagan Is thereby honorabiy discharged
from the indictment
DUBLIN TRICKS" IN COURT.
On the 18TH OF August. 1915, Thomas J. Ward was
In tho employmont OF William. Hastings. popularity
known as dublin Tricks" as . barkaeper IN the
lattcr's saloon No. 76 South street On that even.
ing Mr.. Ward charges, Hastings committed on him
an unprovoked and brutal assault Tho results or
this assault that the bone OF Mr.. Wards nose was
broken by blow OF his assailanls asl, and no WINS
severely injured by KICK the consequence OF which
tnat he long time under treatment by phys
ic,an and is not fully recovered. For these in
jurcs he brought suit IN the Marine Court to ro-
cover $4,000 damages from Hastings, which tried
yesterday before Judge McAdam and jury Tho
story Of plaintiff, told the witness stand, was,
that the OF the alleged occurrence some
toners who had been In the saloon pulled down tho
small tube used ior lighting cigars Seeing q down
that pulled u down. 70 this Mr.. Ward mado reply
that II Hastings wanted the man hit u his place
TO hit him himself Tho next Mr.. Ward knew was .
voey OF bad language from Hastings and the assault
OF which ne complained. While tho assault was being
committed Mr. Ward appealed 10 Hastings not to KIN
hin, as he knew he had been sick and could not de-
feud himself, at tho same time endcavoring TO pull
open The door o tho back where tho assault
being committed. Upon seeing this, Hastings asked
him II he wanted witness. adding that he would
give him one, at the same time giving him q brutal
Kick In the lower part OF tho aDuomen. such. in
substance, the story ofthe plaintiff. On the main
iacts no was directly contradcted by Hastings aud
three OF the lattcr's witnesses. Hastings
testified person that he never struck tho
plaintiff. and never kicked him, but ordered him
get out Of hts place. and not going rapidly ha
desired, "gently" pushed him out, and that all
there was OF It. The result that the finally
turned question Of credibiiy between the plain
t In person and the defendant and his witnesses,
the Judge charged tho jury that they believed plain
tns story they would have TO find Ia his favor for
snch damages they thought he had sustained Dut
they believed tho testimony OF the defendant and hrs
witnesses their verdict would have to be IN favor OF
defendant generally After u brief delibcration the
jury brought In verdict favor OF plaintiff Tor the
sum OF 81 ,0O0 ON motion OF Messrs. Reavey and Fox
counsel Tor plantif the Court granted him extra
allowance OF hvc por cent on the amount recovered
and motion oil ex-Judgc Fowler, on the part OF de-
iendant, q stay OF thirty days was granted, within
which he may take an appeal