The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-13
THE COURTS.


In tho Court OF General Sessions yesterday, Judge
Gilderseeve presiding, Henry Klein ana Francis
stemmcr we're placed trial charged with con-
spiracy In opening the for tho prosecution AS
sistant District Attorney Bell gave interesting re-
cital oil the facts upon which conviction was
claimed Three others implicated in the alleged
crime named respectively William Pausselll John Il.
Nicolay and William Schever alias Mcneil. vi these
the one named has not been arrested while the
other await trial In March, 1872 John Cassidy,
n pcnslonor, dlcd al No. So Washington street,
and left about sl.400 In the East River
Savings Bank. He had apparently reIa
lives alive. Mr. Isaac Dayton, then the Public
Administrator, duly notified TO take charge Of his
effects, and commenced 10 administer, but had not
concluded his iabors when Mr.. Agernon S. sullivan
came INTO Office. When all the expenses and debts OF
the deceased had been paid there was a balance oil
nearly $500 remaining, winch was handed 10 the sur
rosate, VINO directed that IL should be placed IN the
city treasury to await The appearance Of neirs or
claimants. On the 9th OF November, 1876 petit
ton presented 10 the Surrogate purporting TO
have been executed by James Cassidy, who
Claimed that no was brother OF the deceased
sVaier, ana s waS nst o ny mnpeys Hu aenHtea
with The Comptroller should be paid to Jim. An order
was made by the Surrogate requiring the Pubic Adj
lninistralor 10 show why the money Should not
paid to tic alleged brother OF The deceased
referee was appointed 10 taAe testimony and the So
called relative gave evidence as 10 his kinship aud
was supported ny Ken, Sicmmler ana Schlevcr, alias
Mcneil who swore that the claimant was the brother
Of tho deceased ana thai they mad known him or
twenty years. The suspicious OF the Pubic Admins
traitor aroused and detectives were immediately
set al work TO investigate mater, when start
Iiug fact came 10 night that James Cassidy not
brother OF dece but one lillian Paussc VINO had
been hired 10 personate INC her, ana al inc parties,
with the exception OF Schlever, were arrested Al the
Trial yesterday Pausseli who was used as states evil
dencc testified that Klein TO him and asked him
If he wanted 10 make some money; that he answered
in the affirmative, ana that tlercupon Klein wanted
him persouaie james Cassidy, the orohcr and only
survivor vi John L. Cassidy; mat Klein offered hiin
at nrst $40 for the Joe he refused ana he
then offered him 500, winch he accepted He d med
being Cassidy out admitted having sworn 10 mat ac
The accused admitted having sworn TO Pausseis
identity with James Cassidy, but had done SO IN 2oou
faith, they believing that 10 DO his proper name he
Jury promptly returned verdict oil guilty, and on
motion, they were remanded Tor sentence Klein
gave occupation as that OF painter, living at Ne.
l3 Bayard street, aud Stemmler that Of mason, at
No 1872 Chrystie street.
THE STEAMER NOVELTY COLLISION.
There was commenced in the Superior Court, before
Judge Sanford yesterday, the trial OF somewhat in.
tercsng suit brought by Henry A. Rogers against the
sun Mutual Insurance Company. The Newark Trans
portation Company, appear from the of
the case IN the complaint, The
OF tho steamboat Novelty, which, about two
years ago, was lost by collision with a sailing
vessel in the bay Previous TO this accident, the
complaint states, the owners OF the steamer had her
insured in the defendants company for $4,000 upon
a total valuation OF $50 000 incu the premium
fixed by the policy and from the port OF Newark n.
j., to ST. Johns River, Florida, WIN privileges Of port
or ports by the way, against all risks
losses ny perlls VI the sea incident
such voyages except fire. Tho policy was
made payable TO the Newark Transportation
Company or order. At the time the same was taken
out tho plant further states the steamer was
perfectly sound aud seaworthy, we'll manned and
com picicy furnished throughout. The plaintiff suys
further that the Newark Company paid tho premium,
amounting to S325 and kept all It's covenants. The
steamer departed on her voyage on tho Z7th OF No
vemDcr, 1876, and while down The bay and without
aay fault or Negligence on the part OF the officers
sailors collided with the schooner 4. Morwin. She
was so greatly damaged by the collision that had
to be beachea aud was finally abandoned 10 the COM
pany US total loss Tue Newark Transportation
to the plaintiff who brings the present sun. The
swcr denies that tho steamer was seaworthy or IN
scarcely my respect what she represented be-
1t Is furner denied tnat the steamer proceeding
her voyage ut the time Of tie collision, and II Is
alleged that the collision was tho result OF the cupa
BILE negligence and ncompetency Of the officers aud
The company IN addition, say that they re-
fused to accept the abandonment because the same
was justified by the position OF the steamer that
ut the time OF the insurance the steamer not
worth $4,000, and that the statement that she was
worth $780, 000-as well as various other statements
her seaworthy condltion-was grossly misreprs-
sencd In conclusion, IL Is charged that tho loss was
only partial, and that, IN any event, the policy should
the case IL still ON, will PROBABLY occupy day or
two Mr.. William H. Darling appears ior the plaintiff,
and Mcssrs. Richard $. Jennings and Joseph II.
Choa IN for 1 he do AMI