The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-27
THE COURTS.
Close OF Mr.. Caesars Grim.
Con. Suit.
THE JURY STILL OUT.
Dispute About an Old Charter Of the
William Cook
AN INFANT ACROBAT'S FUTURE.

The case Of August Caesar against Philip Krieger, In
which he claims damages IN the amount OF 100000
Tor alternating from him the affections Of hts wife, was
again proceeded with before Judge Lawrence yester-
day in tho Supreme Court AS upon the day previous
the court room was crowded ana several officers had
TO be stationed the TO preserve order.
Der OF ladies also in attendance 10 listen the
details that might be developed. Mr.. Cesar was
promptly hand, accompanied by his counsel
Messra John r. O'Nei ana William y. Kintzng Mr.
Krleger also present, also were his counsel,
Messrs c. W. Brooke and David Levy. The tcsti-
mony having been all put in the day previous, both
upon the part OF the plaintiff ana the defendant the
proceedings we're commenced by MIR. Brooke, who
summed up the case on tho part Of the defendant He
went over all the testimony pointing out the prom
nent facts, which he contendcd went to show that tho
charges madc against Krieger OF having debauched
wife OF the plaintiff were wholly false and untrue. On
the contrary, his conduct toward Mrs. Cesar was
strictly honorable. Counsel further commended that
the attempt Of the plaintiff to wiring money out OF the
defendant reflected this credit upon him aud should re-
ceivc no favor al Tho hands Of the jury He concluded
by asking verdict Tor the defendant.
Ar. o'Nc followed upon the part Of the plaintiff,
carefully reviewing the testimony and contcnding that
the evidence showed that the defendant Kricger had
bccn guilty OF hcnous offence and was deserving OF
no sympathy at the hands Of a Jury. Men like him
should be held up TO public Nc had made Desc
late the home OF the plaintiff won the affections Of his
vile, and through hts nstrumentalty she had lett her
home and deserted her little These facts, he
gued had been established, ana entitled tho plaintiff
verdict ana the damages he commended should DO IN
such an amount as not only to remunerate the plaintiff
pecuniarly, but as u punishment 10 HIM Tor his act.
Judge Lawrence charged the jury in MS usual lucid
succinct manner, commenting upon tho law applicable
10 the case and calling attention briefly to the facts
lett It TO the jury 70 decide whether tho verdict should
be for the plaintiff or defendant and il for the plaintiff
In what amount should be the damages The jury re-
tired to deliberately not having agreed at five O'Clock,
the Judge directed scaled verdict 70 be given this
morning
A STEAMBOAT CHARTER LITIGATION.
Hubbard W. Mitchell claims to have chartered from
Thomas Cornell Co., IN February, 1875. the steamer
William Cook for the period OF ninety-two days, CON-
mencing the 9Th of June, 1875, and ending on the
TIN Of September, 1875, 10 be used excursion
boat on the North and East rivers. the Sound and
on the Bay By the terms Of the charter party It
stipulated that the boat should be delivered to Mitchell
IN good order, and that he was to pay Cornell Gu.
Sl3o AZ per day during the charter term the pay
10 DO nude every Monday. 1t also agreed
that $500 should be PAID Tho signing OF the agree
ment and $500 tho delivery OF the boat, winch
should constitute guarantee fund faithful per-
torrance OF the charter party by MITCHELL which sum,
with interest, TO be returned to him II the condi-
tons Of the agreement we're complied with. II
further provided that default was made the pay
ments the lessons could take possession OF tho steamer
The next day. Mitchell says he complied with all
the terms OF the cnarter party, but that about the
1th OF July he came TO the conclusion that he could
not make hs payments ms stipulated owing TO the
general business depression, ana he so informed Cor
neil Co IL was then agreed that he should the
Goat us before except as to payments, which al
tered and should pay 10 Cornell Co tho receipts OF
certain charters 10 other people Tor excursion par.
ties which payments were to be IN full Tor tho boat.
Mitchell says he performed his part OF the agree
ment, but he says that Cornell Co., with
out any notice to him, the 10th OF
July rented the William Cook TO T. Cornell
White. whereby he was damaged to the amount Of
ST. 000 SUIT to this sum was brought and
the trial commenced yesterday before Judge Sedgwick
in the Superior Court The defence that Mitchell
failed 10 mako his payments to the dciendapts that
did not pay wharfage. did he pay the crew. and
this set up counter claim of 81 lis "a with interest
Tor when they demand judgment. Mr.. a. W. Weller
appears for the plaintiff and Mcssrs Benedict, taft
Benedict Tor Tho defendants.