The New York herald., 1878-10-08
THE COURTS.
An Auspicious Opening Of the
New Legal Year.
WAS 1T WIFE MURDER I?
A Sons Refusal to Testify
Against His Father.

The opening OF the courts yesterday, after the pro-
hnged summer vacation, attended with tho usual
thronging Accompaniment OF lawyers and bustling
activity, forming q striking contrast with tho dul.
ness OF the past few months judges and lawyers
showed The good effects OF their holiday respite
from their judicial and forensic labors and there were
many exchanges OF warm greeting after their three
months separation. As usual on the opening day,
however, the principal business was calling the caien-
dars; but there the usual not0sable feature that
though the opposing counsel almost uniformly pro.
bounced themselves ready tor trial, they were more
ready in cooking up subteriuges for delay. Tho re-
suit that in the three Trial Terms Of the Supreme
Court only Was tried and that possessing no
shadow Of point Of public interest In the Special
Term OF the Supreme the calendar likewise
casd, but the spirit OF procrastlnaon ruled
predominant, and the result was adjournment
enspa oUns ns
ono n the suit OF William Armstrong 10 recover
5000 alleged, under the will OF The late T. Stew
arr 10 have been wrongly paid 10 another person OF
tho samo name, the object Of the motion being the
examination OF ex-JudIe Hilton and Mr. Libby before
an uppllca.,on-l through which 1t IS sought to dis
bar B. E. Valentine Tor alleged irregularity
isrrsd 70 Judge Potter. who i. was claimed was i'm
posed upon In obtaining the order. The suit brought
by JohTJ. Townsend against tne Board OF Estimate
aud Apportonmsn the object OF which s 10 stop tho
ment oil tax on certain OF his properly, the
ground tnAl the Board was unconstitutional and has
no power 10 tx taxes, came before the Court on q
wr,i OF certtorarl Mr. Townsend, who appears on
his behalf, submitted q letter Governor Robin
sory ~ poss,Si. TIE uonrs ,horsnnoD NJ on mo,,oa
granted an order advancing the case ~ any day for
argument agreed upon BY Mr.. Townsend and Corpora
liun Counsel whitney.
II was a busy day yesterday In Supreme Court,
Chambers, Judge Barrett being on the bench. Owing
10 tho calendar being SO heavy seine habeas corpus
q
jaurnsd over until to-aay, including the wrts in the
case OF Mrs. Nary ]. Connsrs and Dr. Orlando L.
Bradford alleged to have been pcated IN the sup
posed malpractice resulting 10 the death oi Sarah
Victoria Conners, and In The case OF Thomas Doyle.
Tor violation ot the Excisc Law, Tor whom writ OF
error aud stay Of proceedings has been applied for
Supreme Court, General FERN. Tue argument
on the order TO show cause Why A. W. Tenney
should NOT be substituted IN place Of $ f.
Kneeland as attorney 10 the partition suit brought
The name OF Anue Jane Bailey against the estate Of
A. T. stewart was postponed for TWO weeks. Mr..
Samuel Barlow, licensed vcnder, VINO IL is alleged
dld not have his measures propory stamped aud
scaled and who being tred a. the Specai Sessions,
1ned $40 ana sentenced to ten days imprisou.
meut IN tho City Prison, appealed 10 The Supreme
Cour. " cer.'orur and writ Of naosas oorpu. HIS
power 10 impose line Of s25 The con-
victed vsnder was thersupon discharged Two
suit OF the people agains. Jones and Rogers,
which, II will be remembered, the defendants were
tions were nrs to set ASIDE the amended compliant,
rs having been servsdeior purposes OF delay; and
sccono. 20 set aside the summons, upon the ground
that The Attorney General stated Office therein
be No. 2TryOn row, when, by provisions OF the Revised
Statutes. II was IN the State Hall IN the city OF AL
bany. William Z. Whitney, Counsel TO the Corpora
lion, appeared and opposed The motion, stating tnat
the umenamentx IN The complaint served were neceS-
sary ana had boon admitted TO be 10 by both parties
upon the argument OF former motion IN The
action, aud that they bad boon made good faith.
On this motion Juige Barrett hoid that section 542
In 0hnPn hA
frivolous one, and shat wnere Il manifesty
necessary TO be made the section did apply. As
10 the otner motion, tho Corpora Counsel urged,
arst, that ths Attorney General might any place
his Cce tor the purposes oi any particular SUIT
AUD that had he complied with the provsions OF
bct referred to ny arisndants counsel, ana named
The state Hail In Albany as his olhcs, there would
have been considerable difficulty IN npding MIN,
tho building had been torn down twenty-five
years before, tho clause question being unre.
peaIed portion Of old statute; and iurther that
psarancs In the action had waved any defect IN the
BummOnG Judge Barrett denied Tho motion, init
mating that II WAS frivoious-
In the Superior Court Judge Spsir, holding Part l.
Trial Term, after disposing Of his calendar was
busliy engaged IN tbs trlal OF William IL. Hammond
And smother, executors. against Christian utter
aud another, which was simple SUIT 10 recover the
value ot certain properly. including books OF au
ants M Tor their '' own benefit. Cn,ai % Justice Justice
Curtis. who held the other Trial Term OF
mis-. Court wa. equally fortunate in obtain
ing for tra. The suit brought on IN
this Court was one by Agernon S. Sullivan, the PUB
lie ministrator, against John J. waltermre. This
Is an action 10 recover the value 0f number OF
horses alleged 10 have belonged 90 Rolin A. Conan
~ the time VI his death, IN 1874, and converted by
Tho defendant 10 his own use. Conan was a horse
dealer and had number OF horses IN 1874 wuicn ne
the endant's stables ana Tor the va no
OF these horses the action Is brought The defendant
claims that tho horses had Leen boarded ut his
stable until large bii nad been incurred and
!ha' Conan IN 1873 executed q phi OF sale
Perkins) his brothcrIpiaw, subject 10 the defend
ants lien Tor Keep, which was assumed by Mr.. Lam
Ion ana 49, .no pa,anes paa Dy nim 70 cash TO Landon
witLess. ID ~ Testimony simply related TO the dry
details Of the business transaction reced above The
Base ~ stil on. Judge Freedman occupied tho bench
u Cham bers AZ Which court, however but little was
ionc Here The princapa businoss naturalization"
NE court room being constantly crowded wh swarthy
orcigners various dialects anxious 10 become
UnIted states cltizsnG
ln the Court OF Comm Pleas. for u s,me al least
Me busy season seemed to be revived. The Judges
their respective benches Mng recog al
every we'll known lace, bui AZ The calling
Out the cascs On their apparently intermnabie caen
darA THIS eating OF the caleEdar, In facL was the
main business transacted during the entire day. Ex.
spurn ana then whsn their cases we're called would
themselves "turn" wish commsn sndable velocity aud
shove Their way to the CORRIDOR. Judgc J. y.
TO 40 double duty. He rapidly called OF calsl-
OAR and the different eases noted ior trial
Upon tho suggestions o. The various attorneys set
down from dsy 10 day HIS Honor then proceeded to
Mo Common Pioas, Chambers, where no naturaIiz.d d
bsme ssvsuy-nv embryo citixens signed equal
Terms there was q noticeable uban unity among tho
lawyers to 'adJourn" at ali hazards. Chief Justice
Day. vine sat IN Part aiter calling HIS calendar, DIS
covered that no were ready, adjourned un-
I'll Tomorrow morning Judge Larrsmors who sat IN
Part and who was equally prompt IN calling his
endar, could NOT secure for trial. Tue latter
Judge however, out o consideration ior Jurors and
numerous lawyers who were OF tha Hebrew faith ad-
tournsd 10 enable them peacefully keep tho iast of
Ihe Atonemcnt. MOI satisfied TO remain idle, His
Honor subsequently, heard a lengthy motion o
murrer Ia another court room.
Judge Benedict wall open tho term OF the criminal
branch 0 the United States Dstrict Court on Wedncs-
duy. The prime OF interest the tx
that OF Edward 4. Oakley, who 10 charged with the
cmOeszenont In 1871 OF $500, 600 notes and
securities, tho property The Msrchants National
Bank. Ex-Commissioner Belts aud Mr.. Edward
Cramor appear Defendants counsel
The Court ot Oyer and Terminer opened yesterday
with Judge Donohuc the bench, but adiourpe eu
until Tho 2s,n INST. without doing my business.