The New York herald., 1878-07-12
tn. Grand Jury ON /. on.rs. OF selling ss.rs without

the Grand Jury ON charge OF selling cigars Wtnous
license
In the suit Of ,. Marcus Boorman and The Pacific
Railroad Company against Andrew Pierce and Others
heretofore noticed in the HERALD. Judge Larremorss
OF the Court Of Common Pleas, yesterday grated an
order extending the plaintiffs time 10 serve their
complaints until the 80 Of October next pending me
examination OF the defendants and the discrimination
OF motion for the inspection Of defendsnts' BOOKS
which is adjourned until September
In the case of Cromwell against Burr, which came
bcfere Judge Shea, In Marine Court, Chamoers'
yesterday, ON q question ~ to costs and also as 70
the validity OF tender before suit brought, the Judge
held tho latter point that, in order 20 make such
tender available, the defendant must pay the money
into court and ailege that fact In his answer -
James Kelly, of No. 35 Pitt street. who on the ON
gold and silver coin from Swedish immigrant named
Watts Anderson, while tbs latter slept on Battery
Sessions Yesterday Judge Sutherland sentenced the
thief to tour years in the state Prison.
psvsin. Of No. 7a5 Eas. Eleventh street. iaSorer at
tho Mutual Gaslignt Company who almost murdered
foreman named Owen Dany with piece Of gaspips.
OF six years In the State Prison
Mary Brown, the halt crazy or whole tnebriated
woman who, the Stn inst, set IRE 10 her apart
ments in the crowded tenement house No. 40 West
Thirty ninth street. was arraigncd on charPe OF
arson the Court OF General Sessions yesterday and
loudly proclaim cd her guilt She said she had been
cruelty treated by husband and wanted 10 END ner
exstsnoe having mide sevs,a previous
her story was not ttat OF woman IN her right mind
Judge Sutherland sentenced Der 10 four years IN Stae
Prison. -
In the suit for divorce brought by johanna W.
Miles against Charles r, Miles, in which AN appeal
Ion Of the Supreme Court, General Term, on The
question Of almony and counsel fee application was
made Yesterday 10 sunse uanes n n0r aas n n.aeIs
took the papers
Ellen Buckley, in a petition presented TO Judge
Lar avast tardav in n n
states that Mary Buckley, her daughter agea thirteen
years. the 23L OF March. 1877 wnlIa passing under
tne elevated track then being constructed through
the Battery, under the management oil William L.
scoti, struck by chIsel or other iron instru-
injured her. She asks to Do appointed guardian ad
litem Tor Mary 10 bring suit against Scott the ap-
plicaton was granted.
In several cases involving issues of both law and
TACT appncations were made Tor trial yesterday to
Judge shea, sitting IN Marine Court, Chambers. The
had been referred there for trial IRON The trial
branches Of the Court The Judge declined to enter
tam the ground that this branch OF the Court
had jurisdiction hear and determine Issues OF
tact and that the consent OF parties TO the action
could not confer such turisdction ln quite lengthy
written opinion read by him the Juage held that II
the issues Of fact IN those cases should be
Chambers they would be void proceedings, without
court and without The force and effect oi law. This
decision, II sustained, reverses the former practice
OF the Court.
Isador jackson brought suit the Marine Court to
recover from Alexander Harris the amount OF note
for 81 l40 The note had becn originally given TO The
brother the plaintiff and In defence OF tnc suit Mr..
harris pleaded that tne note was gwen lor loan OF
ST. 600 TO obige friend, and that such amount only
was ccelvcd and turned 10 him that ho gave
as collateral security to PLAINTIFFS brother gloves OF
the value oil 1897 20, which nave never been re-
turned TO him that $500 had been paid account oil
the by the party tor whose oeneht II was made;
tpat the no te itself and vold and that
the plaintiff brother, 10 the latter OF whom
the note was given, were In business together,
and the latter was the party IN INTEREST," that he
was indebted him tho value oil tue kid gloves
and tor this sum he asked judgment In addition 10
dis missaI Of the complaint. fhs be-
fore udge G0epp, without jury, and presented The
peculiar feature OF having the witnesses the re-
sides differ in their stories as 10 almost every
material fact relating 10 the transacon. The Judge
rendered decision dismissing the plaintiffs complaint
and giving judgment IN favor ol defendant Tor tho
fuIl amount of his counter claim.