The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-10
THE COURTS.
Alleged Illegal Usurpation of a
Ferry Franchise.
DEXTER WINNING A LEGAL RACE.
Mrs. O'Neill's Persistent Search
for Her Husband.

The civ applied Tor an Injunction some time since
restraining the Harlem aud New York Navigation CON-
many from running ferry between Astoria aud this
city The case came up Tor argument yesterday In
Supreme Court, Chambers before Judge Van Brunt
Judge McGown, who appeared on behalf OF tho COM
pany, made a lengthy and elaborate argument In OPP
position 10 the application. According 10 his state
mont of the case the defendants company organ
zed in 1856 for the purpose OF carrying the residents
of Harlem TO he lower part Of the city by Steamboat
n cheaper rates than then being done. the resi-
dents Of Harlem that time being Obliged 10 take
stage Yorkville and thence 80 down town
by the Third Avenue Railroad cars Neantlmo Asto-
ria became quite hicky settled with mechanics, clerks
and Others working aud doing business IN New York
The line of steamboats, took In Astoria In lis
route and al present starting from l3Otn street makes
three other l20lh, lOyh and lllth Streets
rs lower terminus being Peck ship. He claimed that
the company was not running Jerry line, but simply
ran its boats up and down the East River, making
various landings and that injunction might well
be asked Tor 10 prohibit steamers running up the
North River and making various landings from max
nn1se from the city. lie cited Dongan's charter and
pther authorities in support Of his side vi tho case
Corporation Counsel Whitney on behalf Of the city
sopieoded that tho right 10 establish u Jerry limo
which belonged tho city carried with II tho right
prevent establishment OF Terry routes without tho
cilys consent He insisted that recent decision
gwen by the Superior Court, General Term, involving
The OF iacts was applicable 10 this case.
Judge Van Brunt took the papers, reservng his de-
clsiOn but allowing counsel 10 submit briefs IN the
meantime.
DEXTEk'S DEXTEROUS DEFENCE.
Some time ago the firm Of Ball 4 Ray, straw goods
manufacturers. obtained an order OF arrest against
Henry H. Dexter. ON the ground that Dexter had col.
lccted certain sums Of money for firm and failed
account for The same. Ira Leo Bambergcr, defend
ants attorney moved to vacate the order OF arrest
the Efficiency the original affidavit, which notion
being denied appeal was taken to the General
Term which affirmed the order OF the Special Term
The motion then renewed on additional aidavits,
in which II WAS claimed that the moneys alleged 10
have been collected werc loaned to defendant by the
firms OF Pnmpton, Flske Il Co., and J. W. Phmplon &
Co., of Boston. Ex-Judge Hart OF counsel for defend
e the motion to the Court 10 the argument
OF which curious stale ot affairs was evolved. Dexter
Mad previously to his arrest notified Ball l. Ray OF
intention to leave whereupon Mr.. Ray went 10 several
trims with whom Dexter negotiating and cndea-
vored injure defendant his negotiations by call
ing him tnief AMI deaming his character. Dexter
thcreupon procured order OF arrest against Ray,
placing hum under heavy bull also com an
nctonaganst the firm, claiming that he hai sold about
$3.50 OOO worth OF goods Tor thcm OH which there was
balance OF 81, 800 due him Tor COMMISSIONS aud that
the had presented alsned accounts to him.
Judge Van Hoesen yesterday vacated the order OF ar
With COSTS on defendant stipulan2 not TO sue.
Mcssrs Hatch Wiicoxen appeared Tor the plaintiff,
and Messrs. Hart L. Bambcrser for the defendant
MRS. O'NEILL'S ABSENT HUSBAND.
Mrs James O'Ncill seems TO find It difficult TO
rover possession of her husband, James O'Neil She
rs will DO remembered, first claimed that her husband
was in the custody OF his father Cornelius O'NeL
Upon OF habcas corpus being sued out the father
denied knowing anything about tho whereabouts OF
his son, and thcreupon Mrs O'Nei obtained second
of haoeas corpus through her counsel Mr. William
H. Howe. directing Edward Quinn, of No. 234 East
Scventyhith street, TO produce hcr husband III Court
sho claiming that her husband vas detained nj hs
house Quinn made return to the writ Yesterday,
stating James ONeill stayed ~ his house tie
night OF August and lett the morning, saying that
he was going to sea Judge Van Bruns gave TIL to-day
traverse this return.