The New York herald., 1877-07-07
Large Batch Of Decisions by the Supreme
Court, General Term.
NO NEW TRIAL FOR COBURN
Justice Unbending in Case o'
Milk Adulteraters.
COWLEY AND HIS JUVENILE FOLD

Yesterday in the Supreme Court, General Term room'
snxiousy awaiting tho announcement Of der'sions OF
cases argued tho last torn ot the Court Inc Sour
having adjourned until yesterday Tor he purpose o
rendering such decisions Some dissatisfaction was
expressed at the tardincss shown In making known
hc decisions, Il beng threc O'Clock In tho ai'er'
soon before they were given paIiating c'rcum-
aance, and partially compromising no DOUBT ior INC
vear,somc waiting was tho that decisions were
riven in nearly every awaiting adjudica'on oy
mo Court An abstract OF the moro important decs-
Ions is gwen below .At
Among tho most important decisions rendered ~
tho Court that In the suit brought oy freeman ~
Marckwald vs. The Ocean steam Nav'gatlon Sompnny
lfn,tedl The plaintiff ono OF the unfortunate
assen gers the steamer Atlantic which, IN Marcn
is73. wrecked of The coast OF Nova scotia. AZ
Tho trial. which FULLY reported At tho timc ver-
uIct was rendered for painti IN his SUIT Tor damages
Tie case came before the General Term on appeal
strenuous Efforts made by defendants 10 remove
the action 10 the United States Courts under act
OF Congress March 13, 1851, libel was hlod Tor rcei
seeking restriction of damages 10 loss Of the vessel
an freight After various motions and
the came 10 trial In tho Supreme Court with me
result stated The Court holas, Judge Brady wrlting
the opinion that the steamship having started from
Liverpool New York went out OF her course III al
tempting 10 reach Halifax and was 10 dangerous 10
csy, therefore, without capable guides Judge Brady,
IN concluding his lonetby aud exhaustive OPINION,
Eays:'lhe rules applicable for common carriers whch
they undertake TO carry human beings, canno. oe
loosely applied or generally framed. We can secure
greater safety, which Is high privilege and cxaitng
duty by holding such enterprises within strict bounds
Great and great caution must bc exeucd ana en-
forced"
A decsion OF considerable interest to the legal pro
fcss,on inasuuch as tho only adudlcation OF rec
ord awarding costs corpus proceedings, was
that made by the Court on the application OF Eugene
Barber Barnett. the mother oil boslarl child namca
George Samuel Barnett The Supreme Court granted
n writ haDeas corpus To obtain possession OF tho
child from David Barnett It's putative father Return
bar. OF the peliiioner, to which a traverse
was flied denying tho charges and making
counter charges against respondent. The ISSUES
thus Joined were referred to Mr. William Sinclair,
who reported in favor of ths petitioner and awarded
the custody OF the child 10 her and atcrward such re-
port confirmed by the Court and on The 18th uay
OF August last order was msdc confirming such
repor. and awarding costs and disbursements OF tho
proceeding to the petitioner and subsequently sucn
costs were adjusted by tho clerk at $l95 25. From
this taxation ot the clerk appeal was taken to the
Special Term and on the 18th day OF October, 1875
such taxation was ia all respects affirmed BY Judge
Barrett ordcr to that effect entered. This ap-
peal was taken by tho puta.lve father from Judge
Barrctts order Of October 25 1876 and from SO uch
OF the order Of August 70. 1876 AS directs
the payment OF costs aud disbursements. The Cen
eru Term aiirms the order awarding COSTS and in tho
opinion whIcn written by Judge Brady he says tha
thcrc Is aJJuoication to be found to support this
order but that habeas corpus when prosecuted 10
lownble under toe Laws OF 1884 In the discretion OF
the Court and that such discretion was rghtIully ex
ercsed by Judge Done hue when no awarded the
costs, but he strikes from the order the costs ante
cedcnt to the petition ana arms the order In all other
respects In these proceedings Messrs Fithian "
Clark appeared for appellant aud Mcssrs Hall Blandy
for respondent
ON the 10Th of last january there was tried in the
Court Of General Sessions, before Judge GIderscevc,
cuiprit well known to the police under The aases OF
George Davis ana Stephen Williams for grand larceny
and receiving stolen goods Tbs evidences against the
prisoner developed the fact that Oicer Maloney, of
Tho Seventh precinct, arrested hm coming out OF tho
rear house No. h ~ henry ne sreos ss.ss~n ~'n ana
Oh searching the promises from which Davis CAME
he found several hunared dollars worth OF sewing SILK,
which was subs sequenty identified property stolen
from Bedin. Brothers & Co., OF this city. On the
trial OF accused his counsel, Mr William +. Howe,
interposed several legal objections to the adtnissbity
OF the testimony OF n witness the prosecution, VINO
had dcposed that the property IN question mad been IN
possession OF the compalnanis until tho 18th Of
January whereas the Indictment charged the prisoner
with receiving the stolen goods tho 9th OF January.
thirteen days before tue larceny. On TINS and other
points MIR. Howe claimed his clients release. but was
overruied Another exception To the allowance OF
the Court District Attorney prove incts 10
larceny OF the tub o butter which had been found
In Davis possession at tue time Of his arrest. This
evidence Mr.. Howe claimed, prejudiced the prisoner
and caused nls conviction aud sentence 10 the State
Prison Tor five years On these questions, and also on
olhcrs, au appeal was taken IRON the con-
vic,on In the Sessions to the Supreme Court,
and the last session vi the General Term Mr.. Howe
insisted arcversal Of DAVIS conviction. The unan-
nous decision OF Chief Justice DAVIS and justices
Brady anu Dan els handed down yesterday, fully up
holds Mr.. Howe IN his premises, and after an clabor-
ate commentary upon the rights sacred TO all prison.
ers trial for their liberty, concludes by reversing
the conviction This Will nave the elect OF bringing
DAVIS from state Prison and setting him at liberty.
The Gcncroi Torn also handed down decisions to-
completely successful and In two OF the other three IL
IL successful part Among The more important are
thcso-Connors Tho Mayor. iron fall OF wall OF ST.
Andrews Church IN Duane street, $lOO0O. This is the
first OF these which have gone 10 General Term,
tho Court holding the city no, liable Tor want Of
or skill the part OF the Superintendent OF Buildings.
The case OF Slcocks VS.. Tho Mayor u suit to O.
900 Tor 100 gold badges urnsncd TO The Com
mon Council OF 1870 The Court holds That there Was no
authority IN thc Common Council 10 expend the money
OF tho taxpayers Tor any such object In re st.
Marks Church sustains the valuation 81 exempt
1s- h.ct.
assessment The decision OF Lynch The Mayor
sustains The dismissal OF the complaint Mt Circuit on
ton for damages from flooding OF surface water conse
quent upon change OF grade 10 street. The order
OF reference In Middleton Bell VS.. Tho Mayor Is
versed; the action involves $500 200. In Nelson &c.
w. The Mayor tho order OF reference Is also reversed
and cause restored TO the calendar IL action 10
the cases mentioned In the letter Of John D. Townsend
among those In which Tweed was willing to give evi-
fence.
the question TO who should be trustee oil William
Winter. son VI tho lato Gabriel Winter, formerly a
promi inent member OF the New York Bar, who lett a
$500 900 estate. The late John II. White trustee
to his dcstb and his dccease Mcssrs. Edgar Van
wInkIe and b. Hamburger were urged as proper per
sons for succession OF tho trustecshp Mr.. Fred
Smythe, appointed as rcforec, recon ended the APP
POLO nment OF Van winklc. but Judge Donohuc ignored
Ihs appoint ed samuel 4. Webster
trustee Ia bond OF 900 Instead OF $780, 00O sug
yestcd by the referee Messrs Mortimer aud Henry
w. Livingstone, who succeeded to the estate on Mr.
rWinler's death, appealed from this decision. The Su-
premc Court General Term. decides approving Of Mr.
WcLsers appointment and liking the bond AT $50 00J
ana directing modification OF tho phraseoogy Of tho
bond Mr.. Winter insisted On naming his trustee
and selected SIR. Van WnkIc but the Court docs not
seem 10 have regarded hrs wishes in this respect.
An tcrcsting case decided by tho General Torn
was in the suit of the American Geographical Society
VS. the Com OF Taxes 10 vscaic an assrss-
ment on its library building No IL West Twcuty-
ninth street. Thc Revised Statutes provide that the
resi aud personal property Of every pubic library
should DO exempt from taxation. The question IN
this SUIT Is whether the Typographical society Is such
public library andcnttIed 10 the statutory exemption
the Court holds through Judge Barrett that this tn
stitution blic library within the meaning OF tho
siatuto, extensive and valuable library, iree and
open 10 public ana Tor this reason should be
cmpt from taxation.
James COLES, Jr, vice president OF the Trow City
Directory, applied 10 Supreme Court Chambers, Tor
an Injunction against the action OF the majority OF tho
trustees by which they were 10 pay thc printers or
the rival Gouidings Directory, IN substance.
81 900 out oil the $1,000 due them by Gouidns,
10 prevent the further publication OF his directory 10y
tioniding, who was undcrselling tho Trow Company
Mr. Coles held that this action was against public
policy, and The Injunction was denied hr. coies APP