The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-26
THE COURTS.
Michael Tobin'S Justification for Kill
ing a Fellow Soldier.
TRANSACTIONS IN COTTON.
In Alleged Victim Of the ''Instalment Plan"
Seeking Redress.

The trial OF Michael robin Tor the murder OF Peter
Albers, q companion In arms, February last at
West Point, was continued Yesterday before Judge
Benedict Private Potter testified TO the shooting
the morning OF February a. He shown da-
gram OF the grounds, and In the main corroborated
the testimony OF othor Witnesses called tor the pros
ecution. In reply TO question put by Mr.. Foster
said that he had had several conversations with tho
prisoner concerning hts vile. When Mr.. Foster asked
him 10 repeat the conversations MIR. Fero objected.
Mr. Foster said that he did not object to disclosing
tho defence, and, therefore, he stated
that no desired TO show by this witness
that the prisoners mind affected by what he
garded dishonor caused by his wie's infdclity.
Mr. Fiero submitted that the question TO the
dion OF his mind al that time not to be gone
into. His condition Of mind the time OF the hom
eide might be proven. The question allowed by
the Court and Potter stated that Tobln sometimes
spoke to tim about vile and the picons had
OF her iDadelity He told him no should not be
suspicious; that he thought shc was good woman.
This was alter he had told him OF having found blood
on his pillow which he suspected 70 DO from Abcrs,
one day little boy told MIN that Peter had oeen At
the house.
the testimony already In concerning me shooting.
and surgeon Lippincott. WHO made the post mortem
way Dr. Llppinco,t read the report OF the examining
ton he had made on the body oil Apers and produced
from his inside pocket an envelope containing the
bullet which had taken from The BRAIN OF the de-
ceased. All the witnesses IN the case hav0 been
tanded a chart oil the squad room men The
der Was Committed, ana nave had to de aionstrate
1t the positions OF the prisoner and deceased. This
smart was not presented to tho Doctor but ne took
Deputy Marshal Holmes in hand and demonstrated
with his head ana rgnt eye the direction taken by
the missile from loDins pistol Tue testimony OF
Surgeon Lppencott concluded the case Tor tne gov
erninent and Mr.. Foster then moved that the Court
direct verdict Of acqutta on The ground that the
allegation IN the indictment That the murder had been
COMM led tho ground owned by the United
States was not proven. he maintained that
here evidence to show that the ground
ever Ceded 10 The general government by the
btate. The statute that had been quoted to support
the assumption that tne ground belonged to Lac
United STATES, described the academy ana what
sttuted it, .Is II place or Is ~ an organization f
AT Foster asked. the act OF 1876 COZ hrmng the
previous conveyance Of tho property, merely con-
nrmed II under the provisions OF clause 10 OF
sary Academy was, he commended, an institution
consisting OF faculty OF officers and professors,
not par Gel Of ground. Tho motion was den iea and
the defence was opened. Mr.. Foster made a strong
appeal IN Justification OF the shooting which he
mii,ed AZ client was guilty OIL but SAID b. hoped TO
the prisoner either ueily wrOngei his mind,
im6ued with that impression, nad been impaired and
he Was not responsible Tor what he did.
The drst witness called Tor Tho defence was Isaac
Fetcler, who swore that Tobin told him he
home 10 Hlgnland Fails night found
some pennies IN his bod. he TOOK the pennies away
with Iim, ana when he arrived at tho barracks he
down Highland Fails Albors said ne haa
lose except lew pennies, and then he grew very
pale.
James Carmody tes,ded that Tobin had comp 'ained
20 him oil bis wiies conduct, and SAID that II
he would shoot MN. Witness told MIN
he would DO hung If he did. Witness asked him how
conIesseoly guilty Of. THIS statement orourn. out a
question from Mr. Fiero which developed the that
months with the woman no called his wiie prost-
tuition. Julia Dalton, who lived IN the same nouse
Win Mrs. looin was called put gave testimony OF
man, was also called, but his testimony was unim
portant aud brei. II Ii expected tnat the defence
Will be closed to-day.
INTERESTING 10 BANKERS.
Messrs. Kuhn, Loeb & Co.. bankers, Of this city.
have brought a SUIT against Seligman, Hsllmann l.
co, bankers OF New Orleans, La, The trial OF which
was commenced yesterday before Judge Sanford In
tho Superior Court In their complaint the plaintiffs
ate that 10 November 1875 the parties entered into
CONTRACT, by which for q certain compensation tho
deiendans agreed TO buy al Now Orleans Tor account
OF the plaintiffs bills OF exchange drawn satisfac
tory bankers In England, France and Germany, or
ON such other houses as the plaintiffs might
designate, TO be secured by bills oil lading
Tor shipments Of cotton, such cotton to be
insured ior the benefit Of the plaintiffs; that
by such contract the defendants expressly agreed
the bills OF exchange TO DO purchased should IN all
cases BIO accomplished by valid bulls o. iaaing covering
chase Satisfactory proof insurance been
Effected should be Furnished TO the oooants, and
Insured abroad certificate OF sucn insurance ould
sccomp'ny me Oil OF lsding. Under this contract
me paintias, as alleged prior TO February Is, 1871,
10 IN the purchase OF bills excnangs. ana against
me same the defendants cnarged tho plaintiffs wnh
k2s303 10, as paid on bal OF exchange on Feorulry
Sl4 lU4 81, and on February -, 1877, with $5o4.
charged that these amounts the ds endAnts nave
retained as being due them by reason oil such
legged payments uuder the terms of tue contract that
paintns oeevr, the DEFENDANTS did at the date OF
the sad ouargss receive bills OF exchange
ing win tnosc descriosu, and that tney Transmitted
he samo to the plaintiffs with what purporled %
Pals OF lading Tor shipment OF cotton against tho
same, but that the bills VI iading were not valid docu
meats On the contrary plaInts fur, her state tuat
they were forged and did not represent any actual
shipments; mat no valid bill oil iadI.g gccomp panied
euner OF tho bills OF exchange that neither Was
drawn against any sh pmeut OF COTTON aud That Tor
nother oi the bills OF exchange any sscur-
nv Whatever; that the oIIs OF excnange were trans
mtteu 10 Tue various In Loadon acceptance
geiused, wnereupon they wefo auiy protested ana
returned 10 the piaptns; tnat Carr Lauan, ono OF
them nor the buds can the plainlils oDtain any
part oil the amounts so charged 10 them Dy
hotHed that the plaintiffs would look to
them Tor the return the several sums
Of money mentioned; that as the paintiGs believe
the oils we're not bought Tor their account, bat
The deendants own account. and that they sub
seQuenty charged TO paintins' account, anu they
wero Tor paintifis account the DEFENDANTS
nro guilty OF breach OF contract in recsivius tue
Without valid bs oil lading ana that the PLAN
tbs have rendered the defendants tie nrst Two
bills oil exchange mentioned win tue forged oils Of
lading, but dciendants have declined TO receive
them. Tue plaintins accordingly bring this suit to
recover t39,yll 90, win interest. Tho answer rs a
general denial oil all the material allegations OF tho
compliant. Mcssrs. Man ana Parsons appear Tor the
piaIntIG., anu H. N. B,ngs anu Mcssrs. Lauoertacu
ana SPIN arn Tor tho aefcndauts.
THE INSIALMENT PLAN.
Tho trial OF tho SUIT brought by LYDIA II. Plume
against o'Callahan was concluded yesterday before
Judge Freedman, in the Superior Court Mrs. Plume
L.. ~ n HIM hn L,II.