The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-27
LAW SUMMARY,


brought before Commissioned Osborn yesterday,
charged with keeping ~ Illicit distIllery ut No 2ls
West Houston street. The hrst held in
$4,000 bail each, aud Ccylc. who is child. in
$500 bail for examination.
In the libel suit brought by Major Quincy, order
of arrest clerk in tho Sherl's Office, against John
NJ Francis Horny O. X. Tucker tho facts OF which
have been published. Judge Potter yesterday oeuicd
the motion Tor judgment on tho nervousness Of The
demurrer to the complaint
Tho owners or the schooner J. W. Scott, Archibald
7. Heeney and others, by decision handed down by
Judge Cnoale yesterday, have gained decree against
the steamer City OF New Bedford which colided
With the Scott in Long Island SQUAD tho night OF
November a. 1875 The Judge holds that the Bod
ford was to blame, and orders reference 70 compute
damages
Judge Choate decided yesterday that Abraham Ten
Eyke and i've others associated with him. under the
firm style OF the Ten Eykc Axe Mandatory, could
not be adudicatod bankrups tho southern district
10 tho Northern district, anu had only an agency
here The petition OF the creditors, therefore, WAS
| Francis Brady, boy sixteen years old, was COM
mted on the 18Th OF last Apli to tho House ol Ref
use by Judge storms, OF Tarrytown, on charge OF
Rang car without paying his iare Judge Potter
yesterday granted wr OF habeas corpus in the case.
which was made returnable lhis morning IN supreme
Court, CnalnOers. Appended 10 The petition was an
afiiaavit OF Jonn Reilly, the boys former employer,
| wno gives him a gooa character.
lnomas b. Van Lew, professional athlete at'Harry
HIPS brought SUIT against Gustav krucr, q Bow
cry dentist. to recover $500 damages Tor suerngs
ana COMMISSIONS caused, as alleged by having tooth
taken OUT win tho decentralization OF Tue case
was tried yesterday before Judge Fraedman, Ia tho
Superior Court, aud resulted In dism. ssaf oil tho
complaint. Tue defence was that Inc plaintiff was
properly treated
By consent Of ali parties there was entered yeser-
day order VI discontnuance Of The we'll known suit
brought by Charles Deviin taxpayer against the
city, the Board OF Supervisors, Counsel the Corpor
alton, Attorney General, Jackson 5. Schultz Andrew
Garvey, John Keyser ana Richard y. Connolly.
In the suit tor divorce brought by Jabob Klein
q
been published. motion was made Yesterday before
JUDGE Van Hacsen to condrm the report Of A. w.
PilStop, tho referee, gwen IN favor OF the plaiut
The Court took The papera
North America, against whom thero i've inulct
ments Tor embczzing over 500, 700, was yesterday
called IN the Court OF General Sessions lno accused
had been released on $4,000 uail but Jailed APP
pear HIS bondsmen were notled, ana 1t was learned
that his appearancc owing 10 the absence OF
his counsel, Mr. Orlando Stewart, IN Albany. Action
was deferred until The return OF Mr.. stewart.
The nged pedlsr DAVID Marsn recently convicted OF
s,oion from II. Is. CiaHn a. Co., was yesterday SEN
fenced by Judge Gidsrseeve TO ono year IN the Penn
teDtiary.
In the Court OF General Sessions yesterday Edward
+. Byrnes, of NJ. 10 Houston street. aga insI whom
there three indictments tor selling liquor wih
license, pleaded guiIy. In mitigation sentence
! II Was urged that the accused nad paid $75 for
taken II 10 Canada: Judge sutherland saa that no
hau determined 10 exercise lenency In lining hqusr
dealers had suffered from The msappropriatIon OF
their money, anu sentenced Byrnes 10 pay a fine Of
| 500, " hicn was promptly paid. .tNf
4 affidavit Mas the District Attorneys
| Office by Henry y. Ovcren, Y clerk In the Com.
mIsioner's ofhco, setting forth mat his wife, Mary ~
OvercIn, Irom whom ne has been separated some
time. was guilty OF bigamy. Mrs. Overein was
rested yesterday IN the CITY HOTEL ana Judge Suther-
committed ner 10 the romDs IN default OF ban.
| Deputy Waruea Gardner was discharged alto r
twenty years. service account Of the 20
Couners Falling 70 OBTAIN a chance 10 exonerate
himself brought SUIT Tor back salary With view
bringing up the whole question, and tue ac,ion
on Tor trial yesterday before Judge DAILY, but owing
to ahe trial having occupied than one hour tue
\ a
| regular calendar Tor October next.
LINER Ksyes and others and obtained q judg-
| menl tor WAGES agaiuss tho steamship MercsdtIa
AN ting to $S04 10, and subsequent 10 tho enter
| lug ol Inc uectce Inc ship was sold, the purchase
| money 81, 900. being puid court. SUBJ
| ssqucnt 70 this saio Korenus Van Pet
anu others obtained Their decree against the
vessel for wages, including the amount due them Tor
extra wages. under The statute o the
and owners having tailed pay their wages
| without sufficient cause, aud also including damages
due them ny Reason oi their being Kept ON IEsuf
Client allowance OF iood The hUeiianls IN the nrst
| case appear not u have arawu their libel these
| terms Their decree was entered on default more
than ION DAYS before tho appncation Tor Increased
| Insufficient to pay both decrecs IN IutLn Juuge
Choaie, decision handed dowa yesterday, grants
motion TO distribute the proceeds between tns two
! DEGREES pro rata
Freaerok vanderpocl, a son OF DR.. Edward vaudor.
peel and u nephew oi A. J. VanderpoeL Health Com.
missioner was charged yesterday Ia the C.urt oil Cen
eral sessions vain having the l4th OF October last
Broaaway Fifty street, y cueck Tor So
| purporting 10 DO sgnoI by his cousin, DR. 5. U.
Nanderpoel OF Bellevue Hp- pital 1t was also dscov
thai he mad Issued otner cheeks oil
Tor board He arraig1ed Tor trial Yesterday
IN Court General Sessions. and Juage Glider
sleeve sentenced him 10 be coGhncd In The Eimira
/ Stase keiormatory.
George Morgan was recently arrested for larceny,
ana his Arrangement before Jadge kilbreth cIeced
tried Court OF Speciai Sessions, but MS
| counsel, Mr. William y. Howe, sued DOT writs OF
hubsas corpus aud certorari taxing tue before
the Supreme Court argument. Assistant District
Attorney Leary appeared Tor The people, and tho
hcariug took place yesterday. before Judge Potter
slOnx had
no jur isdicton over his ccnt's case he nov de-
sired triai Wy jury, which was tho invionte rig
| guaranteed every cItizea ny the constitution. Mr.
Leafy replied thai under the Jaws oil 1880 the Court
SPECIAL Sessions exclusive Jurisdiction ovor cases
oil IN isuemcanor. Judge Potter remarked that tho
question raised was very important oae, ana re-
qucsea both counsel 10 hand Ia their Uricfs when no
| would carefully cousiuor the points involved.
sophia q King has brougnt three suits rospec-
lively against iiam y. Conner anu another, cxccu-
tors Of Joseph King; William H. Terry aud Mary Ma
uda Fowler. he story OF the plaintiff the present
proceedings which are brought 10 recover her rgnt
OF dover IA property 10 wncn sue claims 10 DO Gu.
| ticd as tho widow oi James g. kiug, but ~nieh was
conveyed through ihird person 10 another woman
suUsci ibing herself Kings wife, has already been
| fully puUiisned. The case cams up before Judge
| D.Donue yesterday "a motion Tor a ssion 10
Chicago 70 examines large number OF witnesses VINO
live Chicago. Judge Dononuo took tho papers Tor
xaminaton
Jennie Lee Pass alleges that her husband Norris c.
/ p. Lee, deserted her aud her children IN November
last Wilmington, Del, and that February Jollow-
Ing he came back night and took away nor chi
The society for the Prevention OF Cruelty 10 Children
have now, according to her further statement,
sion oil the boy. writ OF haoeas corpus was granted
In the yesterday ny Judge Potter rcurnaDlc 10.
morrow, when tho whole Of the case wiz prob.
| ably BIO developed.
COURT CALENDARS THIS DAY.
SUPREME couRr--CHAMBrRs--Held by Judge Pot
ter-Nos. so. o. 65 o. o. l23. Ia l4s 1885, l63 ls3
/ ISL, 49,, 100, 2U2 2Is, 40. ~ 2z3.
SUPREME Couxr-OESEnAL iEaM.-Adjourned until