The New York herald., 1877-07-26
FINE DRAWN CRIMINAL LINES.

On Saturday night last George Lockwood who, 1t is
said is what untavoraby known to tho police, was
arrested while alghting from city car at the corner
OF Beeckcr and Charles srecta On his person were
found numbor Of pieces burglars TOOLS but OF
which NO one complete burglars tool could be con-
structed the other parts II such existed, being ese
where than In his possession Tho prisoner was com
mitted BY Justice Morgan In the Second District Police
Court in default of 81 900 bail, ana examination
demanded by him refused on the plea that public
justice made such refusal necessary. Yesterday Mr..
James D. Mcclellan, counsel Tor the prisoner, up
pearcd before Judge Wcstbr0ok, IN Supreme Court,
Chambers ana applied for writ OF habeas corpus In
his clients Dehaii 1t was claimed by him that the
statute under which his client was heldthat against
beug possession OF burglars Tools with intent 10
uplawluly cse the not violated by the pos
session of parts of tools out of which not even
one tool could be constructed, and that the circum
stances Of the showed no intention on the part
OF the prisoner make unlawful oil such tools,
even though no had them IN perfect shape Judge
Wesbrook granted tho writ and made roturnabe TO-
morrow.
IMPORTANT COPYRIGHT DECISION.
Judge Benedict OF the United States Circuit Court,
has Just rendered his decision in the important OF
Builinger vs. Mackey. The plaintiff publishes a work
for business men called the accounting House Mon
tor " and the defendant q similar work called "Mack-
ey's A Guide" The action brought by Bull
nger to the publication Of tho latter work
an infringement upon his copy right The defendant
claimed thut he tho author aud inventor oil the
idea OF publishing such work, aud that all Of Bull
linger's IDEAS had been borrowed from 'tMackey's
Onice Directory other prior publications. The
pumcnt OF the occupied four entire days Judge
Benediot's opinion which very elaborate, goes
he eniIe merits OF the case ana holds that hc plaintiff
has not shown any rgnt TO tho reief demanded and
he therefore dismisses the action with costs The es
timated value Of tho copyright held BY Mr. Mackey Is
about 81, ,0L0, 000 George w. Lord, solicitor and OF
counsel for the defendant, with whom was B f. Tracy
as counsel; W. D. Booth and o. j. Wells solicitors for
plaintiff and Mr.. A b. Clark OF Boston, Of counsel
THE BRAZILIAN FORGERY CASE.
The Brazilian dentist, Dr. John j. Harrison charged
with having attempted 10 forge Brazilian treasury
notes. was yesterday again brought before Judge
Westbrook, in Supreme Court Chambers upon writ
OF habeas corpus this timc however TO hear the
suit OF the application made by his counsel, Mcssrs
william f. Knitting and John X. Fellows, to discharge
him from custody upon The ground that his nct did
not amount offence under tho State law, the ar
gument upon which has been fully reported IN the
HERALD. Judge Westbrook dism'sses the writ and
Temands the prisoner Tor trial. "fhis case, says
Judge Wesbrook in his decision, presents questions
TOO grave 10 review the proceedings upon statute
certiorarL have grave doubts as TO Tho power Of
Judge IN a court review the commitment in that
manner The trial court will determine the qucsto
with due deliberation, and its decision bo re.
viewed For these reasons and because have been
unable the time at my disposal 10 regard the COM
mItment erroneous the writ is discharged aud the
prisoner remanded. Ihe bail was fixed with full
knowledge by The committing mag srate, and do not
feel authorized to reduce IT," Following this decision
the hRbeas corpus was dismissed and the pris-
oner committed 10 the Tomos 10 await trial
JUDGE GALATIANS CHMENT.
In q suit In which appeal had been taken from q
judgment rendered before Judge Callahan, In the First
District Court, the Court OF Common Pleas, and an
attachment issued by Judge Van Hoesen, TO compel
Judge Flanagan to make his return in the case on ap
neal. the issuing OF tho attachment was yesterday
shown have been the result OF misapprchension OF
the iacts, and promptly vacated, with costs Of
motion against tho party SUNG II out Tho iacts APP
peared been that there was no neglect or re-
usu whatever on part 0l Justice Callahan TO mako
tho return, ana that the time within which II was
proper 10 make II had yet nve days 10 run.