The New York herald., 1877-09-08

on and in retaliation as plaintiff alleges. prepared
statement, which hs procured to be signed by several
residents In tho vicinity OF tho theatre TO the
effect that the audience very noisy and bosterous,
consisting chiefly Of desperate characters and prost
tutes and that loose articles attached TO neigborng
buildings aud Railways aud stairs thereoi were
being continually demolished and stolen by the mob
accustomed To congregate about the theatre. TINS
was forwarded by him to the Police Commissioners
was by them referred TO tn, captain OF tho precinct
Duly, who, alter Investigation, dismissed the CON-
plainf Mr. Miner then brought the present suit 10
recover $4,000 damages alleging that the charge was
ialsc anu made malice by Van Eupeu because
y; hs having been stricken oil the free list. In his
answer Van Eupen reairms his Charges as to tho
Character OF tho patrons OF The London and ther oos
ferrous conduct Yesterday motion was made IN
tho Marine Court, before Judge Sheridan by OK
Judge Van Cott on behalf of the defendant,
10 vacatc the order OF arrest against him on the
ground that the communication TO the Police Com
miss,oncrs privileged. The motion was opposed by
Charles S. spencer behalf OF the piainIin, who
claimed that the communication was not privileged,
inasnuch as the Police Commissioners had no au.
thority to act upon IT; that express malice was
alleged and would be proved on tho trial that further
PROC. wound be TO tho effect that tho name of
one OF the complaining parties had been put TO the
paper without his consent, and that all these facts
look the libel out o the privileges OF the law even IL
belonged there. Judge Sheridan took tho papers,
rcscrving his decision.
SUMMARY OF LAW CASES.
In the OLD sut for libel brought by the Now York
Others the full facts Of which have already been
published ia the HERALD, Chief Justice Daily, app
cation, yesterday gave order directing abandon
mcnt OF the appeal
Another hearing was given by United States Com
missioner Osborne yesterday in the case OF Joseph
Englsh who charged with having in his possession
United States thousand dollar bond. the face OF
which had been altered. TIE hearing further ad
Journed until Thursday next.
Lemuel Langley, charged with unlawful shooting on
the high seas and woundng Adrianres Johannes ver-
haas BOARD the American vessel George Hurlburt,
again before Commissioner Deuel. yesterday. An
investigation OF the facts showed That the pistol shot
fired to quell mutiny and that the complainant
accidentally injured Tho defendant was dis
charged.
Mme. Jules was yesterday served with writ OF
habous corpus rcturnabe day. requiring her to pro-
auce III the cours glrl named Tneresa Flaudrunt,
she alleged TO have illegally restrained OF her
liberty. Nine. Jules reused 10 receive the copy OF
the wit, whoreupon II was laid her shoulder and
served the usual way lhe Madam indignantly
snacued It and threw IL away, and tho result
attachment ss ucd against her by Judge WestbrOok.
The case adjourned
Charles A. Meyers claims have had a mortgage on
a mule. which he alleges was sold by Robert Roberts
fraud Of his rights. He had him arrested In this
city from oil the Rochester Justices,
who subsequently Uncovered that the commit
nent was VOID inasnuch MS it was not made return
able where the offence was committed On appica-
too upon habeas corpus Judge WestDrook yesterday
DIS harged thesprisoner
Herman Gerth complains, in a SUIT against John
Weber, president oil Uun Lodge, NO 81, DeutScher
order der Haragar organized 10 perpstuate the Ger
language ana other peculiarites, that no was a
member OF suon society aud was expelled; that the
defendant has threatened 10 dissolve tho society
If plaintiff should apply TO be reinsated and divdo
the funds, which exceed 81 800. He says he 5 de-
priveu ui alt benefits OF society," and asks Chiet
Justice Curtis OF the superior Court, for account
ing, dissolution and IN INJUNCTION restraining any
disposition the funds Tho motion was yesterday
denied.
Before Judge Blatchiord in the United States Dls-
trct Court yesterday, there was quite lengthy argu.
inenl regard TO the classification as mail matter OF
tho Illustrated MOafhty having IN II chrome pcturci
1t claimed by the government that such chromos
placed the magazine IN the third class, Iaying one
cent per ounce. District Attorney Woodlord argued
that the Postmaster General aud his supcriois ex-
ercised quasi function when they Interpreted
the meaning Oi laws liking the rate OF postage, aud that
action therein could not be reviewed IN the Dis
Court they might be properly parties IN
causes action. Afer hearing the argument Judge
Blatchtord sustained tho veTS ot tho District ALtor
ney.
Elizabeth Luter has brought suit for divorce against
her husband. james Lutcr. Tho parties were married
she alleges that she discovered his inli'elty
and tnereupon lcIt hn. No answer has been put ana
the was yesterday referred by Judge Westbrook
to Joel y. stevens. Henry Schmitt VINO served the
MIN German paper containing u notification which
he had published III the paper informing MS wle that
II she did not return To him within three Gays nc
would consider himself divorced from her.
Judge Westbrook yesterday, on application oil Mr.
Peter chcll granted VIII OF habeas corpus Ia the
case OF J0nn Agnew II Is stated III the petition that
Agnew recently arrested IN this CITY on u tele-
gram received by the police authorities IN Chicago,
by means of the banco game. His counsel claims
that this extradltable oncnce, ana tnat tue
prisoner Is entitled to his discharge. Tho case will
como up for hearing this morning