The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-19
THE COURTS.
Mandamus Against the Chief of the
Bureau of Elections.
GENERAL JAIL DELIVERY.
Crumb of Comfort for an AL
legged Forger.
SEEKING REPAYMENT OF A DoWRY

somewhat novel proceeding took place before
Judge westbrook, at Chambers Of tho Supreme Court
yesterday being less than an application Tor man.
damus against Mr. Hasbrouck, chief OF tho Bureau Of
Eloctlons During the last November election four in
spectors of election appointed for tho Twenty
third Election district OF the Eighth Assem-
bly, district two OF whom were republican ami
the others democatatc inspectors, William
A. Smith and Edmund specht being republican
and John Schroeder and James Muliin democratic.
They organized. by tho election OF Schroeder chair
man, and everything went along smoothly until
election day. On the afternoon OF that day Mulin
was detected by Smith in tampering with the ballots,
and by him handed 10 the Chio Supervisor OF the
Eighth Assembly district After tho closing Of tho
polls, and the three remaining inspectors were
about 10 the votes detective by tho namo Of
O'Conners, accompanied by George J. Krauss an
exAssistant Alderman stated that he had been sent
from Police Headquarters, with Krauss who TO
take the place OF Mullin Schroeder, the chairman.
relying upon the truth OF O'Conners statement,
Krauss In. and the ballots counted. Smith,
Schroeder and Specht, the following morning. In
puiremsnt with the law, fled statement Of the can
received from Mr.. Hasbrouok oer.iaca!es to
prosequ,, and Mulln was acquitted Section II OF
10 pay inspectors and poll clerks upon tho certificate
OF the Chief Of the Bureau OF Elections TO the period
Upon A Sc oI
the law required tho Chief OF tho Bureau Of Elections
70 swear IN Krauss and by schroedor's doing SO the
TO the misdemeanor Of Krauss Tho relator
then showed the opinion OF Mr.. Charles +.
sioners, to whom tho matter. with others, had
been referred Mr. Smith then called upon his attor
neys Messrs. George f. J. G. julius Langben who
obtained an order 70 from Judge Donohue
why mandamus should not issue forthwith compeli-
section II Of the Election ana Registry law. Tho
matter was argued on behalf of Mr. Smith by J. q.
!uus LanGoon, VINO alter detailing .ne lacss 'oox
Ut any at all was oomm'ttea) was mere
technical violation, and Mr.; Smith, having honestly
and good faith performed his duties should be paid
second, that the doctrine Of an estoppel applied to
Mr. Hasbrouck, he having, after the swearing in Of
formed his duties by giving the certificates OF the
Ming Of the registry Of voters and statement of the
with tho Bureau Of Elections required by
law; third. the construction OF section H.
to the words "during the period OF bis service" at
oe that Tor the Jour days that the Board Of nspsc
tors legal board admitting II was ever an illegal
onel the inspectors smith. spschs and Schr ts
Commissioners, appeared for Mr. Hasbrouck, and
argued that the hreo inspectors could have counted
the votes as they were majority Of the Board, and
having violated the law by swearing in Krauss should
be paid and that It was necessary to throw safe
way could It DO done than by making public officers
fearful OF losing their pay when they violated their
granted motion As this also settles the certificates
Of Specht and Schroeder, the three inspectors will
Obtain their money.
OPPOSED TO A THIRD TERM
spirit OF restless uncasiness IL beginning TO mani.
fest itself among the inmates Of tho City Prison who
have been confined there two terms OF the GRIM
inal courts and relishing protracted ncarcera-
non in this nhospitabc abode through the heats Of
the summer sostice several OF them have resolved 10
see what virtue thcre 10 in the law in regard TO this
matter. wr:s OF habeas corpus-which, II successful
give promise OF something ike general jail delivery
~ othcrs then will doubtless make similar appica-
tionswere applied Tor yesterday to Judge westbrook,
In Supreme Court, by Mr. William +. Howe in the
French Louis alias Walker. charged with burglary;
George Hardcastle committed for bastardy; Matthew
ed or rso FOR from hs
Jr. who is held for robbery; James Lynch, who Is
held for murder committed IN Goerck street, and
John Whalen,, who 10 detained a charge Of
spiracy In attempting defraud the Citizens Savings
Bank out OF $500 Tho discharge OF these prisoners
Will be claimed by Mr. Howe on the ground that they
have been confined in the City Prison over the TWO
terms allowed by law. The writs all granted and
made returnable this morning
RELEASE OF AN ALLEGED FORGER
ExJudge Richard Busted. counsel for Edward E.
Burnett of No. 10 West Eleventh street, appeared at
the District Attorneys Office give bail for bis client
There TWO indictments against Burnett, who is q
stat'oners clerk, and 1t Is charged that he, with Ed
ward g. Haght and Charles Nelson obtained $40 worth
Of rubber bands from Shepherd Dudley, No. $50
William street, order TO which he had forged the
signature of hall RuckeI The bands werc subse-
quently sold to downtown stationer, and tho dis
covery of the forgery Burnett and his accompiccs
arrested by Detectives Field and O'Connor Of tho
Burnett is that Of Receiving 500 gross OF pens Stolen
from the store Of Henry Hoe, No. 81 John street, on
Inc 10th March Assistant District Attorney Russell
tod hail In vvh ri fu n.y,d
lyme, OF No. IL Ann street. The accused forger was
then released
SEEKING TO GET BACK A DOWRY.
In 1871 James Reed died In this city intestae Ieav
Ing widow, but children, and estate valued at
$3.50, 900. To the widow issued letters OF admin
stration, and she received her DOVER amounting to
$35, oOo the residue Of the estate being gwen the
father next OF kin. A few months ago Mrs Reed
remarked, second husband being Mr. Fragan ana
Ihsreupon tho ather Of Mr. Reed brought SUIT against
Der, alleging that when shc married his she
the vile Of Mr.. Van Pe and that, therefore, her
marriage TO his son Illegal and this no
have the dover repaid to him She denies auy
previous marriage. Tho camo before Judge West
IN injunction prohibiting her from parting with the
property. The hearing was set down Tor next Monday.
LANDLORD VS.. TENANT.
Isidor Cooper built Eve story tenement leased
lot In Nols lane Fii.y-fourth street and Eleventh
svsnuel Motifs lane is part Of the estate Of Jordan L.
Mott. whose executors are Hooper and Alexander
Mott. Soon after the building OF tho house in 1873
the water pipos burst and the supply Of the
house ceased Mr.. Cooper refused to pay rent until
The supply should be renewed, and the Motifs
refused 10 repair the damaged pipes on the
yroand that II oil their business TO do
They accordingly sued Cooper Tor the rent falling due
Nay last and tho case was tried in the Seventh Dis
Civil Cours before jury Of prominent properly
holders Nineteenth ward. Both sides presented
s,reug cass, and the result was Disagreement Of the
tary Yesterday another trial had, and again the
Jury dfsngreed alter elaboration VI i've hours The
case has consequence attracted unusual attention
among properly holders up town. Tho defendant has
set up claim in opposition Tor $3.50 damages Tor par
ual eviction.
DECISIONS.
SUPREME CoURr-CHAMBERs.
by Judge Donohuc
People. &c, VS. Columbia Car Spring Company