The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-13
Important Decisions by the Supreme
Court, General Term.
NELL DOGHERTY'S WILL
General Sickles Taking Flyer in West
ern Railroad Stock.
UNRELIABILITY OF EXPERTS.

the bcnch--handed down a large batch oil decisions,
mainly OF cases argued at the January term of tho
Court There is given below epomes of the more i'm
portant opinions
Leading of the cases-at least in tho length oil the
opinion given which covers seventy pages of
closely written foolscapis the one In the proceedings
brought disbar William H. Gale. The circumstances
which brought Mr. Gale so conspicuousiy before the
Court in a proceeding OF this necessarily painful char
acter have already fully given In the HERALD. As
will be remembered hn WAS employed some
Two years ago by Alonzo Mcgargc TO prose-
cute a suit for divorce against Mary A. Mcgargc.
No imputation cast upon the conJuga
fidelity of Mrs Megarge, but rcompatibiity oil temper
led TO disagreement, and for this reason Mr. Megarge
sought have their marital relations dissolved Mrs.
Mcparges story is that Gaie induced 60 to tho
Grand Union Hotel upon the representation that II was
necessary for her party there in regard 10 tho
pending for divorces that he detained her through
out the evening in apartments consisting OF paror
and bedroom undcr prctcncc that he momentarily
cxpecng the person in question: that her desires TO
leave tho hotel opposed, and finally, that he
locked her in the room with himself and detained
her through tho night against her rcmonstrance, he
retiring bed and she sitting upon the lounge In the
outer room until set at liberty in the morning. Upon
evidence OF criminal misconduct her
part, and proof that she remained there at
the hotel with person other than Mr..
Gale decree of divorce was granted against her.
Judge Daniels writes the opinion OF the Court He
views at great length the testimony showing that
the night of the 9Th OF November, 1874, Mrs. Megarge
was at the hotel with some person who registered
James II. Baldwin and wife, Pou ihkccpsc, \. Y. He
then discusses the question whether Mr. Gale
person or whether through deceving her he made out
fictitious OF guilt against her Upon careful sift
Ing the testimony he arrives at tho conclusion that
the story told by Mrs Megarge is tho truth. Judge
Daniels concludes his opinion MS follows-lhc case has
been searched Tor some circumstance that
would justify such "A degree OF distrust oil the EVIL
dencs tending to support the charge as would
result IN tho creation OF so much doubt
as TO render its dismissal proper the ground OF fail
urc OF proof The serious consequences that cannot
follow the confirmation of the referees report
have induccda careful and critical investigation Tor
that purpose. But, instead OF developing that RESULT
the more the evidence has been considered
The stronger the convection has become OF
Ihc respondents guilt And upon that being found
to be established, it has rot, as II could
not, be denied that his misconduct has been SUCH
TO require that no should longer remain in
the profession he has compromised. He has
degraded as well as dsgraced himself to such an ex
tent as IL the duty OF this Court under the
authority for that purpose con ierrcd upon II by the
statute Of the State to strike his name IRON the list
OF It's professional officers and anDul The license here
tofore issued TO him. An order should be cicrcd con-
6rmng report Of the referee ana directing that the
OF William H. Gale. the respondent, he stricken
from the roll OF attorneys and counselors OF tins
Court mat his license be annued and delivered up to
the clerk aud cancelled.
remembrance OF the late George ]. Holman and
his pecuniary troubles Europe, following his mar
rage to Boniant, the danseuse the full details oil
whcn already been gwen in the HERALD, called
up decision gwen in the suit brought by Hugh
McCulloch Il Co. against Orn C. Hoffman TO recover
upon a draft for $3.50 lis. Id, drawn in London
July IL 1879, upon George Hoffman, at That time
President OF the Irving National Bank OF this city, and
The Iatber OF George j. Hoffman This draft, which Is
also signed by Urn C. Hoffman, was paid by Mr. Pulls
ton. of the members Of the above firm OF London
bankers George j. Hoffman, who was also sued, in
nr,, IT.n, in
admitting his signature TO the bill oiexchangc, but
alleging defence that his father had refused
10 make pecuniary advances to his son. George j. Hon-
man, owing TO his alleged excuses and mpropricics
and would probably accept the draft, but would be
more likely 10 do so should he sign II himself put
with The understanding that II he did sign (which
he did without any consideration wna,ever-plantls
would hold HIM personally responsible These
facts partly proven on the trial OF the action but
proof OF the circumstance connected with Orn z. Holt
man signing the bill excluded on the ground that
the dc endan could not that way contradict bill OF
exchange. Tho decision OF the Court is manly based
upon the question OF want of consideration In order
establish this defence the Court holds that II was
proper TO prove the facts and circumstances under
which Orin e. hoffman signed the bill, and upon this
ground tho judgment OF the Court below Is reversed
and a new trial ordered
A decision of interest 10 members OF volunteer
militia regiments is that given In the case OF George
Peraut WHO expelled from the seventh Regiment
for non-attcndance at drill, having then one year TO
sorve OF the seven required before he would be en-
titled TO discharge. Subsequently on mandam us no
was rcinstaIcd, and he then claimed that he was en-
titled 10 his discharge, because more than the year
which he would have been required to # not
expelled had expired Judge Davis, who writes the
opinon holds that what the statute requires actual
and not constructive service, ana that Pcrault had
not rendered aetna! service years the Court
below was right in denying the application on us
merits. In the Injunction proceedings broueh by
Perault to prevent his rcral upon the same charges
upon which he had been dismissed Judge Daniels
writes a lengthy opinion. The continuation OF the IN
junction is refused on the ground that the laws have
created the tribunals which have been invested with
jurisdiction to Try military misconduct
Among the decisions gwen is also one IN the SUIT, or
rather two suits brought by Marcus cicero stanley
against Benjamin Wood ana others, growing out OF
cuins by the plaintiff ior money alleged TO be due him
from the defendants IN connection WIN he running oil
lottery enterprises IN several OF the southern
States. Judge DAVIS susains the acton OF The Court
below refusing to strike on, certain portions OF the
complaint. One OF the allegations sought TO be
stricken out was the lottery business In question
conducted IN n manner consistent with sound
uolcy ana public morality Judge Davis said that this
allegation 'aggrievcdh nobody, and although II may
be mmarcral, one would naturally suppose both par
ties would be anxious 10 have it proved The motion
To compel the plaInn to file oil OF PARTICULARS IS
also denied Upon this point Judge Davis says that
there was an abundant answer 10 the motion in the
statement that all the books OF the business and its
management were under the control and IN the pos
session OF the defendants, ana IN snort That
the details sought to be set out 10 the bill OF par
tcuars were altogether in their hands.
The Hebrew Benevolent Orphan Asylum, assessed
for building Seventy seventh street brought
have such assessment set aside claiming that
there was never any valuation placed upon the prop
eriy, that their falls directly within the de-
c,sion made by the Court of Appeals IN june last in
the matter OF the Second Avenue Methodist Church.
The Court holds Judge Brady Wiling the opinion,
that cited does not affect this case at all ana
afrms the order Appealed from, denying motion TO
yacate the assessment. In the matter OF tho 81.
Joscph's Asylum, IN which au appeal was taken from
an order oil the Court below denying motion to wa
cate the assessment the Court Judge Davis writIn
the opinion aflifms the previous order.
The suit OF The Christopher and Tenth street. Railroad
Company against the Central Cross Town Railroad Com
pany comes up before the Court on appeal from an
order OF the Special Term, denying motion TO amend
Inc findings OF the Court aud the judgment entered
tncretn The amendment was asked for on tho ground
that the findings had not declared the right oithe dc.
PENDANT TO lay tho tracks OF It's road with sufficient
dcfn,tcpess The General Term refers the matter back
IN Judgc Van BrGut with directions TO make whatever
s,r,lcr IA tho premises he may think nj.
IN the case of kcrwIn Finncry discharged from The
,oco on inc pround of being absent from his post the
Court upon writ Of ccrorsr, declares, through Judge
Bra,iy who writes the opinion, that his discharge was
iIicc. and orders his reinstatement In THIS particular
ins,ancc ..tbc woman In the case who charges FIN
ncrtv with having absented himself from ms post IN
r.r 10 on away with her is considered from her ante
hIlxLar. Il worthy OF bellei.