The New York herald., 1878-11-09

February. when he was discharged by direction OF the
PLAINTIFFS attorney. He thereupon moved to satisfy
of his application. The Supreme Court. General
Term Judge Daniels giving the opinion, say tnat AZ
defendant had claimed his release because the order
of arrest rreguary issued. and the plaintiff had
assened to such release he should not be permitted
TO avail himself of the entirely inconsistent claim
that the execution legally issued against him, and
for that reason the Judgment was satisfied by his
custody under it, The Court. therefore. afnrms the
order appealed from.
On the evening Of October 26 George Young and
John Boldly quarrelled, when the latter attacked
Young with an iron bar Samuel X. Young then Went
been separated IL discovered that the young man
who had rushed in to aid his parent had received
three stab wounds, one OF which penetrated the rsh
lung When arraigned for trial yesterday in Part OF
the Court of General Sessions the accused pleaded
guilty to assault with intent to do bodily HARM and
Judge Gilderseeve sentenced him to five years in the
State Prison. adding that in every instance of the kind
where dangerous weapons used in total disregard
of human life the law would be strictly enforced.
The trial OF the suit brought by Philip Wagner dis
tiller against Edgar Ketchum. internal revenue col
lector, was commenced yesterday before Judge
Choate and jury. The suit WAS commenced IN 1871
against the defendant for $2500 the alleged value Of
certain distillery property owned BY the piaintln
which was seized by the defendant on July 90 1862
under sections AZ and S OF the act of June 30 1894
The property seized and alleged to have been for
feited the United States because Wagner neglected
to return the actual number OF gallons Of liquor
distilled upon his premises. While the collector
in possession under the seizure the whole property
was burned up by fire, supposed to be the work OF
SoAAS>AoA
sponsibe.
Anna Schaffner and John Schaffner were married on
the 10th of April 1870 at ST. John the Baptist Church.
III Thrtieth street. Mrs. Schatfner has now brought
a suit in the Court of Common Pleas for an absolute
divorce, she claiming that her husband committed
adultery with one Kate Kennedy. motion was yes
terday made before Judge Larremore, holding Com.
Pleas. Special Term, for alimony and counsel
fee on behalf of the plaintiff. It was stated in sup
port of the motion that the defendants father died
in 1865 leaving estate worth between $50OO0 and
500 000 a, portion of which will descend to the de-
fendant when his mother dies and that the defendant
is well-to-do undertaken and fully able to support
her. The defendant in reply states that the charge OF
adultery is utterly untrue and that his wife, who il
living with her mother is fully able to support
herself He says his business is not profitable,
that he has not had funeral for two weeks and that
his business has fallen of to such extent that he IS
about to give it up and that he has already applied
for position the elevated railroad Judge Larre-
more ordered reference in the case.
In the suit brought by Emma G. T. Mortimer against
the Globe Mutual Life Insurance Company Judge
Lawrence has granted order to show why the
plaintiff should not file security for costs The com
pany has demurred to the complaint insisting that
the plaintiff has Mr.. G. Seton Lindsay, Sec
retary of the company makes affidavit that certain
publications in regard to the were, as he has
been informed and believes, pursuant to plan to
compel the company to pay money to the plaintin
which the company is not legally bound to pay.