The New York herald., 1878-07-12
THE COURTS.
Important Decision in Regard to the
Duties of Referees.
CORN EXCHANGE BANK F0RGERLES.
A "Cheap John" Speculation Proving a
Dear Venture.

An important question OF practice and relating 70
the duties Of referees yesterday decided by Judge
Larremore, OF the Court OF Common Pleas, in The
suit OF Emile Mason against Benjamin L. Ludington
The action brought 10 recover damages for the
alleged conversion certain gas stocks, which the
defendant. by his answer, claimed title to under tho
plaintiffs husband. Tho action was referred to Ex-
Judge Emott, who reported in favor Of the plaintiff
Tho defendant moved aside this report, on the
ground that the referee not sworn. and that the
oath was not waived In pursuance OF section 1Ol6 of
the Code. The motion was argued ut considerable
length BY Mr. Theodore Arnold for the plaintiff and
Mr. George w. Lord tor the defendant Judge Larre-
more gave his decson yesterday and in the course OF
his opinion says:-''By the section ABOVE mentioned
Is required, before proceeding to hear the
testimony, to be sworn faithfully and fairly to
try the issues, &C., unless the oath be expressly
waived BY written stipulation or orally In which lat
ter case the wAiver be entered In the Referees
minutea In this case there ither . written
stipulation entry the minutes, and the question
be decided whether defendants acts and acquIes
throughout the whole proceeding constitute
legal waiver OF referees OATH If the requirement.
Of tho statute mandatory then all the proceedings
boors the referee nuiity, tor there could be no
express oral waiver except by entry ~ the referees
minutes But If the phraseoiogy OF the statute is al
rectory merely then II Is possible to conceive OF
recognized by adudlcatons analogous cases Judge
Larremore thcn goes on 10 cite numerous authorities
on this point, asserting that they clearly establish
that constitutional right may be waived II not in-
sisted on In concluding no says:-"5y analogy OF
reasoning the defendant must iail IN bis motion. He
attorney both learned IN the law and provision
OF statute 10 the oath OF The referee, voluntarily
and without objection conducted the defence to an
unsuccessful issue. This was followed by an
auiescence IN validity OF the shown
BY an application tor additional time 10 fle exccp-
tions the report and opposition 10 the motion Tor
an extra allowance. lu view oil all the facts am iu
clined the beet that the defendant has waived his
right 10 the statutory requirement. which would
to apply TO waiver before proceeding to hear the
testimony. The motion is denied, but without cosa
THE LITCHFIELD FORGERIES.
The motion for a trial made by Colonel John
r. Follows In the Of Terence ONcill Donnelly,
the Brooklyn contractor convicted OF the forgery Of
Mr.. Edwin C LitchAeld's signature to checks for
SIG, 500 the Corn Exchange National Bank, was
yesterday denied by Judge Sutherland In the Court
OF General Sessions. Donnolly theo called TO the
bar and Assistant District Attorney Rollins moved Tor
sentence Juoge Sutherland said that while he had
no doubt OF Donnelly's Sguit, he also
convinced that after tae hour In which,
unfortunately, he determined to commit
forgery had lived honest lie and preserved
excellent character He ielt certain the prisoner
would never be guilty oi such crime again. ana
would therefore, deal lcnently with him. His Honor
then sentenced Donney 10 two years ana SIX months
IN State Prison. The brother William 4. aud Ed
ward A. Reilly, who were In Mr. Litchfeid's employ
and obtained tue money tho forged checks, with
their companon, LOUIS Carlin then called up for
sentence, having pleaded guilty. These youths aed
them-the Reilly brothers-became states evidence
against Donneliy. Judge Sutherland said that, In
view tho youth OF the prisoners and the service
cuton, he would send them the State Reform atory
1T Eimlra, N. Y. The necessary order made