The New York herald., 1877-10-05
BEN HOLLADAY IN COURT.

After rather tedious delay there has length been
brought trial before Judge Van vorst holding spe
ciai Term OF the Supreme Cour. tho brought by
Cassandra Calme, do Bussierre, executrix OF Motley
Ann Con Holiday, against Benjamin Holiaday and
wife, Benjamin Holladay, JE the Mutual Life Insur
Company. August Belmon. and Ernst Lucxe
The facts OF the have already fully published
In the HERALD and VIII DO remembered the object
OF tho SUIT Is TO determine the question TO which OF
Two wills made by Mrs. Motley Ann Con Holladay-
ono bearing date August 1871, and the other August
70, h73--ls vaid instrument 10 law. The dcce-
dent, who WAS the hrsl wife OF Benjamin Holiday,
widely known for MS Western mail carrying contracts
with the United States Post Once Department. diod In
September, 1873 Her second Will, whicL devses her
property mostly 70 her children and makes nor hus.
such proceedings ,hs lrsi viii was discovered, IN
which all her property Is given 10 her husband Mr.
Hoiladay took possession of tho property, valued
some $500 900, comprising among other real estate.
the .Ophir Farm" nj Harrison, WeslcLester county.
Upon tho property ho obtain The su OF 500 600 on
mortgages held now by the Mutual Liio Insurance
Company ana Belmont and Lncke. The trial promises
10 occupy some tmo and the varous parties ht,gant
represented by eminent counsel, including William
Allen Butler, cxJudges Davies ana Porter, Wheeler
II. Pecknam and William Macfarland
ROCHESTER'S CHIEF OF POLICE
In May las, Washington winsor, merchan, OF this
city, his way home from tho West On tho
same train was Mr.. William France, . merchant Of
Wisconsin, who was robbed OF $40 Just before the
train reached Rochester. On tho arrival Of the tram
that city the conductor pointed out Mr. winsor
tho culprt and Samuel Brown, policeman, took him
In custody and marched him TO Police Headquarters,
where Alexander Mclean Chor OF Police, caused him
to searched. and intimatcd an Intention hs
picture taken for the "Rogucs' Gallery" Al this
stage Mr. Mclean thought II worth while ,nQu,ro
OF Mr. France whether Mr. Winsor was the man who
robbed him, 70 which inquiry the former gave
prompt ncgatve Mt Winsor was Released. but be-
ing unwilling 10 let tho matter urcp nero he, upon
the statement OF alleged acts as given above brought
suit Tor $4,000 damagcA Tho deionce Is that inc
Rochester poiico have to take cognizanco Nil
puin.s mado by any officers or attaches of the New
York Central Railroad Company, aud that on tho
statement OF the conductor arrest Of the plaintiff
justiaDle The case came yesterday before Judge
Barrett III the Supreme Court, Chambers, on motion
change tho from this county Monroe county
After hearing Mr. j. b. Perkins, OF Rochester tor tho
notion and Messrs. I. Mortimer Seavcr and Wnm
W. Mics opposition, Judge Barrett took the papers
AN EXECUTORS ENDORSEMENTS.
There brought to trial yesterday, before Judge
Donohue-bat the trial was brought to . rather
speedy tcrmnation-the suit OF l. H. Bailey, receiver
of tho Rational Bank Of the Commonwealth, against
ono Of Sl7. 600 and ono of So, 0o0 mado by h. y.
Howland SUCCESSORS to d. J. Howand. II claimed
by tho plaintiff that tho Endorsements conn-
uaton Endorsements OF notes mado by the late Paul
Spoiord tor b. j. Howland, tor which tho estate la
bic and therefore the executors thor respective
pacity are likewise liable part OF inc defence
II was claimed that Paul w. SpotOrd OF the
Of Paul sponord above, Endorsed tho note with
The authority Of hls cocxccutors, that they
accommodation notes, that the plaintiff had failed
connect his indorseenents with my Indebtedness Of
Paul Spoiord and therefore that tho suit Oc
missod AZ any against tho other executors not
being joined with him, and against himself because
50 tar as the proof went they were accommodation
Mr.. George Bliss appeared tor tho plaintiff aud
Mr. Joseph H. Choae tor Tho defendants Afor hoarng
the case Tor plantT Judge Donohue directed u
dismissal OF the complaint exceptions 70 DO hoard at
tho General Term