The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-05
THE COURTS.
Decision in the Evening
Mail Suit.
A COMMUNIST CURSES.
Trustees Of Estates Of Two
Missing Ladies.
MORE UNHAPPY MARRIAGES.
A COMMUNIST CURSES
MORE UNHAPPY MARRIAGES.

Judge Sedgwick yesterday rendered his decision on
tho motion for receiver of the Now York Epen,n0
Nail in the suit brought BY william H. White against
Clark Bell. the present manager Of the paper.
Judge sedgwick In hts decision says:-'On tho
papers there 10 NO proof Of a partnership between
the parties TO this action that hos any OF tho
property which asked shall 60 receiver So Tar
A. the application is made in respect OF property which
Is alleged they hold as tenants In common tho ihcts
and the law do not show clear enough justify
the appointment. Tho property would be ruined IN
loss tho receiver should have power to sell
before decree. This would be an unusual power
ana would be exercised In y doubtful
case u Is NOT by any means certain that court of
between JOINT owners or 10 sell and divide The
proceeds between them. iurther think that there
should not be such an appointments until the Mail
PublichinE Company mado defendant Motion
doDisd. with $40 costs 10 abide the events.
Following close in the wake OF the above suit,
brought by Mr.. White. Is another instituted by Mr.
Robert John against the Evening Mail Association
10 recover 8. $50 on note svcn as alleged by tho
association 20 him for advances Tho defence Is o
counter claim for 0OO for moneys alleged 10 navo
been collected by Mr. johnson Of tho
ISOLATION. end which HIS not boon paid over. To this
reply IS tntcrposed, setting up release OF such
claims. Judge Sedgwick yesterday granted motion
10 put tho case on the short calendar.
A BLIND BEGGAR'S CHILDREN.
Rather unusual spectacle was presented yester-
day in Supreme Court Chambers. before Judge Dono-
blind beggar. who had been given custody Of tho
Society for tho Prevention OF Crucly to Charcn,
brought into court habeas corpus proceedings in
siiused by the counsel OF Rubino Messrx G. T. Simon
and William +. Knitting The charge was that
Kubino compelled ms Two children accompany him
on hts begging cxpcditions and this being regarded
as cruel treatment Of them thcy wore taken from his
custody. Ku0ino led into by his vic, and
whilc the counsel wero speaking 1t With the
utmost difficulty that he could he restrained
from addressing the Court Meantime tho
children, tho oldest being boy about eiaht
years old, and his companion, a sister, Two
years younger wore neatly dressed, ana on account
OF their marked personal beauty nnd brightly iaicll
gent looks attracted general attention. prominent
lawyer even wen. 80 far rs to say tba. he should
seek permission 70 adopt the boy AZ TO the
argument In tho cnse. was insisted
BY Mr. Gibson representing tho society. that every
feeling OF consideration tor tho children required
that they should be kept out OF the CUSTODY or
their father On tho other hand IL contendcd
that undcr the law OF 1877 Tho children could
only DO committed to orphan asylum some
charitable tnsttutiOu. ana that tho society for tho
Prevention OF Cruelty TO Children does not como
within the meaning OF tho statute. Judge Dononus
instructed tho counsel TO hand ia their points to-
morrow, ana said he would givo his decision Tucs-
Day.