The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-18

NEW 1OhA
tors widow $1,000 per year in gold or its equivalent
In monthly instruments; this 10 be in lieu OF dover
II Mrs. Haskell should elect not to have the annuity
she only TO receive her dover. His law books and
office furniture is bequeathed TO his faithful clerk
William T. Goodhill, on condition that he assumes the
testator's name In full. with the addition OF Juni0r"
To Miss Kate, youngest daughter OF Judge John r.
Brady OF the Supreme Court Is bequeathed $3.50 for
the purchase suitable books 600 Tor the purchase
Of books for the Sabbath school OF abe fourth
street Methodist church, TO be placed IN the Carrie ~
S. Haskell Memorial Library. Any lceatee next OF
KIN contrasting the Will Is debarred from participation
in any legacy provided Tor in tue will. The first cod
Gil to the will Is dated November 1874, two days
after the of the will. IL includes bequest TO the
New York Press Club which Is described as tolows:-
~ am informed that there Is society composed Of
young men connected with tho public press ana In
early lite was connected With the papers, have q
then and will bubble for the ,oilcrs OF tho world
IN pottage cadron, and as desire 10 thickcn
with little savory herb their thin broth in the shape
of legacy. do hereby bcqueath 10 the New York
Press Club OF the City OF New York ST. 000 payable on
the death OF Mira Caroline Haskell" third coiici.
dated June IA, 1875, contains the folowing:-"l do
hereby revoke all iegacies Of every kind my SAID
will which given TO Mrs Caroline Haskell and do
hereby particularly revoke the annuity Of ST. 900 per
year any sum In my said will mentioned TO DO
paid her. and leave her to her legal rights OF dover
my real estate" The testaor states his reason Tor
this change IN his viii. evidently showing that he
actuated by tho kindost feelings to the principal
testatrix.
JUDGE FLANAGAN'S IMMIGRATION.
There was argued at some length yesterday, before
Judge Sutherland, motion to quash the indictment
against Judge Flanagan, of tho Tenth Judicial district
In regard TO the appointment Of sten0grapher in his
court. hessrs. John McKeon, W. +. Knitting anu
John p. ONeill appeared for tho motion and District
Attorney Phelps in opposition Tho District Attorney.
in support OF his position, argued that section rs Of
the Charter Of 1878 applied this case. which pro
vidcs that any officer OF the city shall DO
liable to certain penalties Mr.. McKeon said that the
defendant not officer under the Corporation.
but State officer, and referred to article 9,
ton Is OF the amended constitution OF 1870 wherein
astrc. court Justices are especially provided foT ana
against tho Mayor, holding. by the decision OF
the Court OF Appeals that tho defendant Flanagan is
State officer and not municipal or charter officer
This being the case there can be no other reason he
insisted than an absolute quashing Of the Indictment,
thus indicating the defendant Flanagan The Dis
trct Attorney stated In open court that charge
made against Judge Flanagan that he ever received
penny OF Haskin's salary. IL follows from the article
OF the constitution and section before referred 70 that
Judge Flanagan has been the injured instead OF the
offending party. The whole thing Is alleged TO be the
result OF political conspiracy II not packmaL II Ia
claimed the part OF Judge Flanagan that Benjamin
f. Haskin the stenograaher appointed by him, haa at
all times during the term OF his office performed all
legal duties incumbent upon HIM, In proof OF which
Mr.. Haskn was present IN court TO verify the same.
THE STILWELL ACT AGAIN.
An important point of law has been raised in tho
stein Brothers, bankrupts, in which the United States
have been mado plaintiffs and the States courts de.
PENDANTS. Haines, Bacon Co. filed petition 10
bankruptcy against Godstoin Brothers and thereon
procured their arrest under ''Stilwelln warrant
issued by Judge Donohue, OF the Supreme Court. Mr.
David Levontrtt counsel for the Goldsteins applied
TO Judge Baichford, of the United States District
Court. for perpetual injunction prohibiting the op
posing creditors Halnes, Bacon Co., prescott.
ing attempting 10 prosecute proceedings under that
warrant arrest Counsel tor the baukrupts yester
day presented to Judge Blatchford the pc.
ution oil the Goldstens for such injunction,
at the same time contending that the
OF tho opposing creditors under misapplied
sanction OF the Stilwell warrant oppressive and
opposed 10 tho intent Of the law tn case and
appealing for the ntercession OF the powers OF
United States courts in the premises. Mr. Richard s.
NewcOmDe counsel tor the opposing creditors, in
ply stated that he was unprepared TO answer tho ay
plcation and the argument OF counsel support and
asked tho Court Tor adjournment for week 10
able him the point raised and otherwise to
meet the mice questions OF law" involved In tho up.
plcatiOn tor perpetual injunction. Judge blatch-
ford granted the request on condition that Mr. New
combe should consent TO the granting OF the injunc
ton restraining a proceedings under the warrant
against the Godstcins until he had finally passed
upon the application submitted. A temporary In.
junction was accordingly granted. so that judge
Donohue's warrant Ia OF no effect IN the meantime.
David Lcvenhill. counsel for the Goldsteins; X. 8.
Newcombe Tor the creditors.