The New York herald., 1878-11-26

day directed by Judge Lawrence in the suit divorce
brought by Clara Lichtenthal against her husband.
Gnstav Lichtenthal. The parties married in
a ISL, ana The plaintiff now charges that her nus
band h1s committed adultery.
Before Judge J. y paly, IN the Court of Common
Pleas there commenced yesterday the trial OF a
suit brought by Patrick McKenna, administrator
ol his son, Michael McKenna, against the New YORK
Central and Hudson River Railroad Company. to re-
cover $4,000 for the death of Michael in September
1877. The deceased then boy fifteen years OF age,
alleged, got on OF the defendants trains to 80
10 Manhattanyille. He thrown of at Seventy
second street and falling the down track was
run over by locomotive before he could get up or
recover himself The defence is contributive nesli-
gence.
The examination in the of Raphael De Graca,
one OF the Italian padrones was before United states
Commissioners Osborn yesterday. Raphael Rudolph
testified. that he heard while on the voyage the
lalian boys speak Of agreement they had entered
into with the defendant, by which they We're to be
instructed by him in the playing OF musical instru-
ments, and that they were to serve him four years
and pay him s40 De Graca then testified, denying
the statement of the last witness and stating that all
that he mad to do with the boys was 10 look after
them on the voyage and that he had promised their
father to do that An extract from the Italian law i'll
reference to the abduction OF children, then
offered and admitted by the Commissioner on the
ground that il might throw some light on the proc
edure OF the defendant. The further hearing was
adjourned until to-day when Mr. Racy VIII move Tor
the dismissal OF the
Some time ago Cornelia NJ stewart the widow Of the
late A. T. Stewart, brought action in the Court OF
Common Pleas against Breslin, Purcell x Co.. the
former proprietors of the Metropolitan HOTEL TO re-
cover S52472 81 for balance of rent of the hotel
from April to October H. 1877, inclusive, and the
further of s97,s95 rs for injuries and damages
done to the furniture carpets and painting OF the
hotel and for deficiencies i'll its equipment while the
defendants in possession. Each of the de-
PENDANTS put III separate answer deny ing that they
cuvenanted 10 pay the rent reserved in the lease
Messrs. Breslin. Gardner X Gilsey allege that Mr.
Purcell was the only member OF the firm who re-
manned III possession OF the hotel until October To-
1877 they having assigned to him their interest in the
same. They deny that the unpaid rent amounted TO
the mentioned and also deny the injuries to the
hotel. On an affidavit setting up that the case Will
involve the examination of long account, consisting
at least OF 600 items, embracing articles OF furniture
in 800 rooms. Judge Larreore IN the Court OF Com
mon Pleas yesterday granted an application Tor u
reference.
Al Timothy Driscoll OF No Horatio street, was
walking through Thompson street on the morning OF
the 18th inst. he met 10y two colored men, who
demanded money On being informed by Driscou
that ne had money TO give them they dragged nm
into alleyway where they threatened to finish him
with unless he delivered up his Clothes With
out much ado they began to strip him and appropri
ate his garments. The heartless ruiiians had got
their victim stripped to his underclothng and one
had been taken Driscolls feet when Officer
Henze, of the Eighth precinct who had been sccrety
watching the performance dashed into the alleyway
One of the robbers was captured and gave the name
of Peter Armstrong. When arraigned yesterday by
Assistant District Attorney Russell III Part of the
Court of General Sessions, Armstrong. who lived at
No 90 Thompson street, pleaded guilty 70 attempted
highway robbery and Judge Giidersleeve sent him to
the State Prison for i've years.
before Judge Lawrence. III supreme Court, Chambers,
yesterday, the occasion drawing forth personal eA
planaton from Mr.. Knox 1t that Mr.. 4. ID.
Knox OF Mr. Charles Knox, enjoined the assig
of the latter from taking possession OF the Fifth
store, claiming that the business was his own
On the argument Of the motion to make the I'M june
tion perpetual it stated that the affidavit Of
Charles Knox that the business had been transferred
to his son. t. M. Knox, ill 1873 and still the prop
erty of hs son, had been obtained by the under
undue pressure and constraint, and that II time were
given, Mr. Knox, senior. would make another affidavit
fha sta IN satfa
that the elder Knox had agreed to call at his
office and make such contradictory affidavit. An afi
dayit the elder Knox read yesterday confirm
ing his former afidavit in favor of his and
which says that he never authorized his counsel TO
make such statement
In part OF the Court Of General Sessions, Richard
Plunkett the Custom House clerk III the employ Of
W. j. Sloane, the carpet manufacturers, OF No. 6i9
Broadway, arraigned by Assistant District Attor-
ney russell on the cnarge of embezzement Plum
kett arrested for having as alleged, at various
tmes embezzled sums amounting to s6 OOO The ac-
cused who resided at No. AZ sixth avenue had been
the employ OF the Messrs. Sloane for over twelve
years. lie left this city in October aud examining
his books 1t was averred that he had forged in
dorsenent to a check for 81, 500 and falsi1ed the
books. He pleaded not guilty and on motion Of his
counsel, Mr.. Peter Mitchell, Judge Gderseeve liked
the bail al 81, ,00J.
Brother Dick alias James Smith whose correct
name is said to be Ainsworth, resident OF Grand
Lake tried and convicted in the Court of General
Sessions last month the charge OK having uttered
forged tenGollar notes the Consolidated Bank OF
Canada Montreal. 1t Will be remembered that about
$4,000 worth of tea-dollar notes, which gen
uine with the exception that the signature of the
president OF the bank was lacking. stolen from
the Consolidated Bank of Canada and traced TO this
city, While Smith trying to negotiate the sale OF
100 Of stolen notes. to which the signature of the
president of the bank had been forged. he ar
rested, and, already mentioned convicted OF tho
charge. He called to the bar yesterday by As
sstant District Attorney Bell for sentence and Judge
Sutherland sent him TO the Penitentiary for two
years.
The suit of Middleton Bell against the Mayor and
the Board OF HEALTH brought to recover S30G.0O for
alleged failure OF the city TO carry out contract to
deliver him all the night soil taken from the city,
resulted yesterday, in the Supreme Court, in
verdict in favor OF the defendants. Mr.. Thomas
Hooker appeared the plaintiff, Mr.. L. L. Stcson
tor the city and Mr.. W. r. Prentice for the Doard Of
Health.