The New York herald., 1877-12-16
THE COURTS.
Seeking Legal Adjudication Of Matrl-
monial Grievances.
LEGALITY OF THE POLICE BOARD,
Liability to Serve Out an Unexplred Term
After Escape from Prison.
LOSS OF THE MOHAWK.

Phoebe Robertson charges that her husband, Wet
more Robertson 70 whom sno was married ON ino lotn
OF January. 1857 Is cruel 10 her sne says thas ne
has struck her. beat her ON the neck, iace neaa anu
shoulders severely that she was unable 70 ieaVc
her room for three weeks She says, further that he
is in The habit OF coming home drunk, ana wneh IN
that condition has seized her and thrown ner violently
against chairs other articles Of furniture ana 'hat
she Is entirely dependent upon her labor, and now
keeps boarding house In Twenty first street, While
her husband is IN the receipt Of yearly income OF
$4,000 in tho pottery business, at NO. %
Barclay street. She has brought suit
against him Tor Imred divorce, but she
says that she has since discovered that he has
committed adultery. On an application to amend the
complaint Judge Van Hoesen rendered decision yes
terday In whcn he says that 'there Is no objection
TO amend complaint in the manner proposed, pro-
vided the adultery did not take place subsequent 10
beginning Oi the action. II Inc adultery was ater
the suit was begun the defendant must oe sued ~
another action"
mony 10 Henry Lewis last september. first at the City
Hull ana then y seconu limo oy Jewish rabbi her
husband Henry Lewis, alias Conrad Lors. represented
TO her, she stalcs, that he was jew she aiier-
ward discovered that he was Christian, and now
asks have declared vod Oh the ground
OF maud. To add tne difficulties OF the unhappy
husband his mother-in-aw has had him arrested Tor
assault anu battery. and upon that charge ne Is now
lodged IN aL In the suit brought TO have the mar
rape declared void Mr. Hermann Stuic, counsel Tor
The husband, yesterday 1ed demurrer IN Inc court
OF Couimon Pleas, based on the allegation that tho
deception dld not constitute cause OF action
Peter Sanger, who was married 10 Ammo sanger on
June "a 1873 nov seeks divorce on the ground Of
alleged adultery. He charges that since OCTOBER, lSt4
she has been hvitg IN adultery with man at NO. OH
Eighth avenue he sues Tor divorce and asks ne Gus
toly 81 their child, now three years old Upon
sworn statement that she is now living in Bavaria
Judge DAVIS yesterday ordered service Oh the sum
mons by publication.
Helen Harrington has brought suit against her hus-
band, Charles A. Harrington, Tor divorce, on the
lrouna Of adultery Toe parties wore married ~ tns
III. matter TO John v. b. Lewis.
In the suit OF Juetie Taylor against John W. Taylor
M oruer of publication OF summons granted in
the Court OF Common Peas yesterday, the suit being
divorce, tho sround that the deiendant 10 now
! ie!on IN Richmond IVA Jail
RE-ARRESTED AFTER ESCAPE.
In June, 1872, Joseph Dollard, alias John smith,
~as sentenced to the Peni.entsry for two years
charge OF grand larceny. He escaped from prison on
The 2lih Of November following, and managed to
eude vigilance OF tho police until the 10th inst,
~hen h. was arrested committed to old quar-
,ers to out the balance OF his term. Having
dislike for rural lie Blackwell's Island he OBJ
taned, through his counsel, Mr.. William F. Howe
Of habo,s corpus, and this writ the came
up Tor argument yesterday In Supreme Court, Cham
bcrs before Judge Davis. Mr.. Howe insisted that the
sentence OF Dolard having expired no jaer could act
Court, ana tnat the jailer's return was simply
arlthmcticai computation ot days aud months served
and served Judge DAVIS said that il IL
was simply IA matter OF law 10 whether
escaped convict shond be ordered 70
serve out his sentence he would speedily
decide the against the prisoner Tor 10 hold that
u prisoner might escape ana remain away and then
proclaim that had served out his sentence, which,
ia Tact, he had not served, would be 10 hold out
premium Tor crime. Mr.. Howe insisted that the
did show any legal cause Tor the prisoners
re-arresL Alter some ,ur,her argument Assistant
District Attorney Leary opposed the application on the
ground that following the decision o Judse Davis IN The
Tweed the prisoner was bound 10 serve out the
residue oi allotted term OF imprisonment Judge
DAVIS granted Adjournment till next tuesday TO
aiow Mr.. Howe TO furnish authorities on the points
he had raised the prisoners behalf sae5f