The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-29
THE COURTS.
Legality of the Payment Of Taxes
by Mortgages
TRIAL OF HENRY SCHMIDT.
The Waiver OF Trial by Jury in
Special Sessions.

At the Equity Term OF the Court OF Common Pleas
the trial OF the suit brought by Henry Sdenberg
against Catharine Ely and others commenced early
this week, but nterruptsd by the sudden illness OF
the plaintiffs COUNSEL was terminated yesterday by
the handing in OF written points and arguments by
Mr.. William Strauss counsel Tor plaintiff. and Messrs
Joseph W. Howe and jeremiah Lodor tor defendants
The action brought ioreoose q mortgage exc
cuted in 1925 to the Etna Insurance Company for
$1,000 The Etna Company assigned the mortgage to
the Excelsior Insurance Company III 1872 While the
Excelsior Company held the mortgage it redeemed
the premises from certain tax sales ana paid taxes
which lien on the property at the time when
it took the assignment, paying altogether about
sl,640, which the company added to tho mortgage
Jus enarging Inc mortgage TO $4,640 The Excelsior
ln-urance Company IN 1875 assigned the mortgage,
with It's accun,uiailons by reason OF payment Tor
to the pianG VINO paid toe sum OF 50, 6u0 to
the Excelsior company, That being tins sum OF the
accumulated mortgage, with three ana a hall years.
Interest. Whine tne plainun held tho mortgage he
paid $500 for taxes on the premises when he
took tho assignment, thus making total loan ON
the premises OF little over $4,000 All above
that sum having been paid I'll and reduced
and the regular interest on $500 paid az the APP
pointed interest days there was default In November
last 10 pay interest," and the plaiuuT brought the SUIT.
The defendants clam that II was the duty oil the lilo
mortgages at various times was not necessary TO
protect either the properly or tho mortgage, which
thus became much enlarged. II was admitted that
the lite tenants not paid taxes, but they Claim
tnat the taxes were advanced as personal loan 10
themselves by the mortgages The Court took the
papers, rescrvng It's decision. The question Involved
Is regarded important one, involving as IT does
the right Of the holder OF mortgage on properly TO
protect himself by paying the taxes ana making tho
amount SO paid \ part OF the mortgage.
THE SCHMIDT POISONING CASE.
The trial OF Henry Schmidt, charged with attempt
Ing 10 poison his wife Barbara. his daughter aud
mother-in-aw, NJ No. 81 Pitt street, by putting ar
senic In their coffee, resumed yesterday in the
Court OF General Sessions, before Judge Sutherland
The accused in his behalf testined that on The
morning Of March s he saw his wife. mother-in law
and daughter At the breakfast table; that he went
out got tpsy and returned about nino O'clock; that
be found door locked and that he then went down
10 the and leaned against the door post and
that on meeting . companion named Henry Frazer ho
went Oh 10 look work, but being unsuccessful in
his endeavor ne returned 10 Dis home; his vile,
little daughter were a. dinner his
wife, he said, helped nan IN such scornful
manner that no refused 10 anythipg anu
leaving the room went oown 10 the front door.
Later on his vile pass out OF the house with
bundle under her arm he then went up stairs and
found his nother-n-law aud daughter vomiting, and
apparently IN great pain. He had known, he said,
That wife had gone 10 nis sisters house In Column
ba street. followed ner there TO inform her Of the
illncss OF mother aud his child. His vile, now
ever. applied TO MN abusive epthets ana no then
proceoded 70 the houses Of Two doctors, both OF
whom absent He then wandered about until
bis arrest. He said that the SODA water bottle
full OF wnskey impregnated with arsenic, which was
found in his pocket nau been 10 his possession Tor
some time, aud denied all knowledge Of there being
any poison In it. hao partaken OF iis contents on
the day preceding his arrest ana It was only because
h. ielt ike drinking beer the following DAY that he
abstained irom IL. Assistant District Attorney Rus
sell crossexamned the accused ~ some Length, tho
wunees reterating the slatemen ecited In his al.
rect examination. ne lurther nearing Of the case
Will be resumed to-day.