The New York herald., 1878-01-17
THE COURTS.
Investigation of the Alleged Fishkill
Bank EmbeZZlement.
STREET CAR AMENITIES.
CAR AMENITIES.
GtQations from the Failure of Duncan,
Sherman & Co.

The adjourned proceedings In the trial OF Alexander
Barlow. ex-cashisr Of the National Bank OF Fishkil
were renewed yesterday before Judge Benedict and
Jury. The Court reply to tho argument OF General
Tracy on the previous day decided that all questions
In relation to the Indictment should como up
motion Tor arrest OF judgment Mr. Tracy objected,
and said whatever might be the result there could DO
no Judgment of that Court me trial then proceeded.
Tho examination OF Mr.. John U. Philips, the book
keeper, was proceeded with, and who explained
an entry on tho 'tickler" This OBJ
tectcd to by General Tracy, and considerable
time. spent in obtaining from tho with ess the
usual mode OF entering tho amount Of the notes upon
the ticker. On cross-examinaton witness said that
every item OF each separate note itamizcd the
uckler wnen the entry was made. Tho Item I'D, sos 62
was entered unknown 10 Witness, and he could not
say at what time IL was made, Tho defence objected
TO any furthcr testimony IN reference to this matter
be- or scS W"m
teller IN the pank, was next sworn He testified as To
the account OF e. p DyHeman, OF Cold Spring. On
put an item of $4,000. This offered
evidence by tho District Attorney An objection
was taken by General Tracy because 1t varied IRON
she charge IN the indctment The Court held that
there was not enough variance to make The count in
The indictment fatal and admitted II in evidence The
witnessed continued and said that he mado the
b2l, 600 entry oy the direction OF Mr.. Barlow the
credit side of the ledger Witness then teslhed as 10
he signatures placed the certificates of deposit he
that these certificates signed by CASHIER
ihe teller and the book keeper.
Al this point the Court adjourned until this morn.
Ing.
LEGAL CONSEQUENCES OF CORNS.
AT about eleven O'Clock P. M. tho night OF March
l. 1876 Conductor Michael Fay started from the City
Hall with Fourth avenue car on uptown trip He
had then one passenger, Mr. Joseph Hazleton, grain
merchant. Before rea,hing Twontysixth street three
other got In and paid through fares OF
whom was Owl Justice Pnckney; to these were also
added two othor passengers-a Mr.. Diedrick aud his
WHO In the OF tho trip the Justice and his
Two companions eased their positions by sitting
legged and the former, was supposed to ease the
agony OF corns, which had become no longer endur-
able removed tho gater from his elevated foot. This
became distasteiul TO Mrs Diodrick, who sitting
opposite. and her husband to Conductor Fay and
requested him 10 call the Justice to order. This tho
conductor dd, and informed by tho Justice that
no would put on mis- garter when he pleased, and the
conductor thereupon pushed from ITS conspicuous
position the foot which deshdbfLe, drove the
car, and then hailng the rst policeman who came in
view, asked him TO take charge the Justice ana his
friends, who he considered were acting i'm
proper manner IN pubic conveyance At that mo-
ment Haxieton moved out the platform Of the
aud told the policeman II he made an arrest OF tho
three gentlemen mentioned he would be dony'a great
Injustice Tho CONDUCTOR told Hazleton that he was
no gentleman interfere with MIN In perfor
OF his duties 10 which Huzleton ropiied by q blow.
Hazlcton and the conductor Then became the special
object OF the policeman's attentions, who arrested
both and conveyed them TO the station house. There
the conductor preferred charge Of assault and bat
up over night, the Police Captain the
yamc time refusing to hold the conductor
IN a charge made against him by Hazleton
81 insulting passengers For this alleged assault the
conductor brought suit Tor 81 900 against HaZeton
which tried in the Marine Court, before Chief
Justice Aikcr and jury, yesterday, on which trial
the foregoing state OF iacts was substantially testified
10 by the planuG. The statement OF tho defendant
was somewhat Niiiercnt, he alleging that the provoca
tion for the blow which formed tue basis Of the suit
was that the paintf had interrupted his statement TO
the police officer by calling hIm O damned liar. This
was not corroboraed by any other witness, although
some OF them thought thoy beard tho word liar. In
submitting the the jury Judge Alker COM
mented on the apparent misfortune OF the defendant
In not having tho judge IN whose defence had suf-
fered present to SUSTAINING his by his
timony The jury found in favor OF the plaintiff tor
$470 damages.