The New York herald., 1877-07-06

seded that the question was ono which had
State received judicia! determination and being OF
vrsat Importance as affecting similar rights. The de-
sision oi tho Surrogate will be looked for with con-
siderable interest.
THE DIVORCE RECORD.
The old divorce suit Of Winchell against Winchel,
already frequently before the courts and as frequently
reported in the HERALD, was again up for argument
yesterday before Judge Freedman in the Special Term
pi the Superior Court The present motion was made
by Mr. Charles s Spencer, counsel Tor the defensive
wife, for order TO compel the aggressive husband 10
furnish Of for the defence Mr. Spencer
Is the third or fourth counsel has cspoused the
lady's cause although one OF his predecessors Is
charged with having e.poused that almost too
ardently. ME B. Doran Killian, who appeared
behalf OF the husband, in opposition 10 Mr..
Spcnccr's motion, is also about the thrd
fourth counsel who has espoused that side OF
tho issue. Mr. Spencer said the trial had
been than half completed, and. presenting
ple Of testimony TO the Court which had occupied
fourteen sttings OF the referee in the taking wanted
to know II &c was not entitled 10 u 'rciresher."
Whether he got u or not he intended to nght tho
lady's to the end but the husband had forced
the wife into this light, and she was repeiLg his at
tack IN good iath, he ought 10 be compelled 10 bear
portion 0i the expense. he would bo content with
500 counsel lee. te proposed TINS amount, he sud-
because he knew the plaintiff 8 means had dlrnnishod
since the litigation began, ana as ior his client, the
we she had nothing 10 pay aud was compelled 10 sew
Tor living. Mr.. XII ian SAID III opposition that, with
the exception oi Mr. Spencer having como INTO
the cuse, there had arisen no new iuct
winch cocid iavor the moiion, since /,
was previously made and denied. Counsel
told long tale of the previous proceedings whereby
his client had Jersey, and then enticed
back alain ON condition he paid about $500; how
during the eight years Of this tgatou hts business
had suffered; how to pay the money ho had paid ho
compelled follow AZ tho tail oil his own ice carts
ana was lett with scarcely enough to grease their
wheels Judge Freedman took the motion undcr con-
sideration
several months ago suit was brought by Mary Ann
MN herh haud L.. Dpy0 i0r
divorce the ground OF alleged adultery Au order
was granted by The Court directing payment OF $3.50
almony paid until two months ago, when Mr.
Devoe suspended further payment. mo-
brook punish him tor contempt ior
non- payment OF al moBy II was claimed Tor the
mony, and that consequence OF such pay ment
Mrs. Devoe and her son arc extremely destitute. In
opposition was stated that MI Devoe paid the ALL
mony long lie able; that his property Is
heavily mortgaacd, and that he ID willing to give to
his vile one-naf right and tite to all his property.
The statements being thus conflicting, Judge WcstDro0k
gave ti next Monday 10 put Ia further afhdavits In
the case.
In tho divorce suit of Richard S. Conkliu against
Martha J. Conklin motion noticed In the same
Court Tor TINS morning for judgment In favor
VITO ON the referees report, but was adjourned by
consent until To-day.
SAILORS AND TREATY RIGHTS.
In the United States Court before Commissioner o..
born tho OF Emil Brooke and Lorng Johnson dc.
0sertcrs from the German bark Herzogin- Anna, was
opened yesterday. Mr.. Burke, Of Solomon Burke,
appeared the German Consul and ex-J Judge Becbe
for the sailors The has peculiar interest, mas
much involves the question OF treaty rights and
the German Consul, through his counsel, notified
the Commissioner that should the Com issioners de-
clsion he ADVERSE 10 hm nc shall mold all parties
ppousibe Tor treaty VIOLATIONS. The iacts are al iol
lows:-A treaty was concluded between tho
United States government and the German
Empiro In 1871, und under the fourteenth arti-
claims that ne Is the sole arbter aud Judge OF al
differences OF every KIND may arise between the
captain, officers sud OF German vessels, inciud
ing desertop. In this case tho two sailors
abd had been apprehended by federal officers upon
proof that they belonged to the crew OF tho vessel
Counsel for the Consul says that he Is not obliged
Commissioner Of thor desertion, but tho Com
missioner must. when they appear before hipi,
commit them to the custody of the marshal
until hc demands their SURRENDER provided such de-
mand is made within Two months. Commissioner Os
born read section $50 OF the Revised Statutes o tho
United states, winch relates TO treaties made with
foreign governments, and especially TO scamen desert
Ing IN Iorcign vessels, md which says that before
sailor Is charged win deseron und committed 10 the
custody of the marshal or delivered up to the Con-
sui, hs 70 to be- examined the charge OF desertion
anu 70 be heard before tue Aitor
gument by counsel both sides the further hearing
vas adjourned until eleven O'Clock this morning.
AN ITALIANS DOMESTIC WOES.
There = examination yesterday before Mr.
proceedings instituted behalf Of the Italian Gio-
vanni Baptsta Canannio, to obtain possession OF his
four children the custody OF his wife, Virginia
Cananpio. the latter being represented by counsel
Mr.. Robert H. Racey, and the husband by Mr.. George
L. Simonson The presents rather novel aud In.
terosting ieatureA According TO tho allegations IN
the CaLaunso IN former years IN
the Italian army but, dsliking military service,
deserted TO this country, where he
married and went into tho manufacture OF
naccaroni Learning that ho had fallen heir
but had hardy stepped shore when he
rested = deserer from the army and gwen the op.
out the balance OF bis enlistment boiug
bomo three years, or cong hard service ior much
longer period prison. lie chose tho former allcrna.
1--we, and. NJ the expiration o the time, again
Ihis country, living, as formerly, with hIs wife and
children. He now sharscs that the 9th Of last May
bis vile abandoned b's home, taxing their four chill
dren her, aud that she ivng with Car
NINA PueIla. another Italian. ASIDE IRON the con.
troversy the custody OF the children there has
vn,ch tho damages are 81 900, and also u suit
81 divorce by Caiiannio against his wiie
A WOMAN ARRESTED FOR PERJURY.
Anel,a Schubert, domestic, living at the corner OF
,u,,h s,roet and seventh avenue, was yesterday ar.
,rs,ed Ior perjury by Oruccr Clarke. OF the Twelfth
srec,uct on bench warrant, issued by Judge Glider
,esv Al the last term OF the Court OF General ses.
s,oss Amelia and her SISTER Lissis were paesd on trial