The New York herald., 1878-10-10
THE COURTS.
Testing the Vitality of a
Newly Born Infant.
THE COUNTY BooKKEEPER.
A Salutary Warning Against the Use OF
Dangerous Weapons.

The ease Of Andrew Stewart as administrators
against Or. Milo Duntor. which has been 80 ire
nnsnty before courts In dinersns phases,
sslCse Chief usIise Daily yesterday IN the Court
" Common Pleas Tor trial IL will be remembered
has Mr. stewart. IN his complaint, charges Dr. Dun
bsr with malprActice As iuriher appears by THIS
soeumsnt in November, 1857, the piaint,n's wife was
sennnsd DR.. DunIor WAS called upon 10 render The
saaal medical services, and gave the matter
his prompt attention. The infant at the time
u its birth seemed scarcely alive, and the Doctor
Win intent II 1t was alive, took u in mis-
and held It's little feet close 10 the stove. M
Stewart claimed thai, by this process The child's
fcet were severely burned that the Doctors sub
sequent treatment dnaly resulted In It's deslh some
eight months afterwaro. The present action IS
brought 10 recover 900 damages for The death OF
the chd, caused alleged, by the Doctors neRigence
On the trial yesterday the painful, though not
LAWYER copd ucled nls side of person, being
from time prompted by Cnisf Justice Daily in
the more difcult questions involved and Tue msnner
Of presenting his evidence The defendant. Dr. Duntor
In answer TO the charge preferred against nn, denied
thar he mad burned the cnids ieet alleging the ourn-
Ing was done BY the nurse who Tried to follow hts
movements In holding the toes 10 the nre, out unsuc
sssssiiy. Moreover. At the CoroDers inquest, upon
tina tsslmony OF several pnysicians, MAS adJudged
That sne cnu died from iour separate causes--namey
AsHtitton, const patton, CONGESTION OF The brain and
established TO satisfaction OF the jury, who
brought in verdict IN his isvor, thus generating
him from all blame in the matter
COUNTY BOOKKEEPER'S SALARY.
The SUIT of Findley j. Wright against the city was
tried yesterday before Judge Larrsmoro In the Court
OF Common Pleas. The piaintin held a position in
tho Bureau OF arrears The beginning OF 1872 at
salary OF $1,750 per annum. While he was SO en-
ployed the position OF county pookkeeper became
vacant and Mr.. Wright was asked. ne alleges, to
oil the place. He therefore, performed the duties OF
bhis post from August ., 1872, 10 May l. 1874, and
now claims a balance Of salary Of s5.els 9a,
nun, the latter sum being the salary attached
the ground that the Comptroller, as head OF the
Finance Department, IN bureau IN wncn Mr.. Wright
was snpieysd, mad tne rgnt 10 appoint clerks and liz
salaries, ana that the plaintiff, having accepted
ST. $50 per annum and receipted therefor In full
monthly Payroiis. could not recover more. Judge
Larremore, 10 brie terms. dismissed the compain,,
Evng The paintG eavs 10 have his exceptions nearo
~ Ihs General Term In the first instance curious
incident the trial that alter the en- pan slng
a the jury Mr.. Elliot T. Sandord, who rspresentea
ths psintiG, asked whether any OF the jurors were
ssuisrd then sejse,e 20 their serving On the sroaoa
tnat beng taxpayers they had no rignt 10 aetsrmine
sne issues 10 suits against me city Judge Larremore
paying jury mcn were allowed TO SIT pss0eaDly with
ineir non-tsxpsying brethren. Assistant Corpora
tfoR Counsel Dean appeared for the CITY.
USE OF DANGEROUS WEAPONS.
Frank Kearnan, ship carpenter. OF No. 81 Lewis
street. on shs 2Slh ult engaged in quarrel with
fellow workman named Matthew smith, living in the
Same house, about a 81 debt, and cut him IN tie
throst with a table knife. rho prisoner, on beng
ArrasGnsd by Assistant District attorney Lyon,
pleaded guilty in the Court OF General Sessions yes
terday Prior 10 passing sentence Judge GIlderieeve
asked Ksarsaa why he KILLED the other Tho
prisoner said thai the Of person referred
vas the result OF accident They mad been drink-
log togs,hsr, and began TO wrsste In the struggle
& .ss i.,si sa.sa fr.s,oss his % a...n e @
bad exonerated him, saying Joe didn't mean
- DO H." Judge Giidersieeys sald that the stabbing
H smith WAS clearly not accidental ana might
oesn murder. He ieit 1t 10 be his duty 10 endca-
yer TO put sop 70 the frequent aad indiscr
of dangerous weapons and would, therefore, in
nscs tne fuil penalty OF dvs years In State Prison In
ivo other cases OF fsionious assault Judge GLIDER
ricK W. FiecK, VINO Grsd revoivor a. Charles Bar
10th, OF No. $50 Chatham street. and James Hayes OF
! man resioing az No s47 spring street, TO s,ate
Prison, eacn tor the term Of i've years.
SUMMARY OF LAW CASES.
fhs trial Of Edward Devlne for feionioas sssaul.
Bpen John o'Rourke the 29tn Of september, .,
Mo- 81 Baxter street, the accused having nred
shsts without much sncci, was concluded yesterday
In Of the Court Of General sessions TIE prs-
ensr found guilty OF assault and battery and re-
mandsdL
James Henry, of No. Chrystis street. broke into
she residence OF A. Goodrich Fay, No 156 second av-
snue, the 5tn inst, and stole sl00 OF silver
ware. and beng arragned in Part OF tue Court Of
General Sessions yesterday pleaded guilty. Judge
Cidersesvs sentenced HIM four years the state
Prison
Charles Brown John warren few nights ago
broke into the hardware store OF wiasiow M. Bur-
dick, No ao4 rhird avenue ana carried of sl2o
when srragned yesterday. In PART Of tho Court OF
GensrsI Sesssens, stated that they could prove an
albL They thouGht twice over the matter however,
and plszasd guihy. Judge Giidsrslsevs sentenced
each Of them to three years IN the State Prison.
In the suit brought by Elizabeth Rappsl against
her husband Frederick Ruppei for q divorce on me
ground OF alleged adultery, and which was referred 10
FrecerIck W. Low. VINO reported la favor oi tho
piaintin, Jodse Deaohue yesterday granted . decree
oil dyorce in accordance with such bRding
William RehIeen was rccsntly convicted 10 Tho
Court Of SPECIAL sessions Of selling liquor At his var
IN Violation OF ae ac. OF 1892 and seBtsnced TO tnree
months IL ihe Psnentiary and 10 pay the oil $3.50.
On writ OF certiofnri obtained by mis- counset, Mr.
A. X. Hummsl, Judge Barrett yesterday admitted
MIN 70 bal pending an appeal 20 the Supreme Court
The Grand Jury found an indictment yesterday Tor
murder 10 the nrst degree N the Case OF Ferdinand
Bisuigs. who killed wslf Adams, tue Canal street
mercnant last month. Ihe prlsoners case rs oa to-
asy's calendar toe Court Of General Sessions for
Trial MI William D. Hove VIII defend tho prlsonsr
and Judge Gildersieeve will preside.
In supreme Court Chambers, yesterday, Mr.. win.
lam ". Howe applied tor writ of haoeas corpus IN
bsnaif oil Mr.. Aanie Butter, VINO claims that her
husband, William Butler, Of tho Methodist Book
Concern, detsins her infant cnild, Grace, and viii
not permit her 70 have any comm cation with her.
Judge Barrett granted the writ returnabIe tns morn
ing. M. Butler. II Is stated, separated soms time
Hnse from bis vile, taking their daughter with him,
snd besee the present application.
Lutte Eddie Carlisle, a child about three years OF
age tame 10 untimely end the sth OF last March
at the Intersection OF Fiftslh Sixtn ave-
The child while attempting 20 cross sixth ave-
nus struck by OF the kntckerbocker Ice
Company's wagons. He was Knocked down. tram pied
upon bv tho horses and cut and bruised that ne
died within 1lteen minutes HIS faiher Cnristopber
Cariiss, as sdministrater, brought action IN the
Ceurs Of Common Pieas against the Knck-
srbockcr Ice Company TO recover 200 dam
ages on account OF the death Of bis cnld The case
came 70 trial yesterday before Judee Larrsmore
noding Part 2 Trial Term, Of shat cosrt Ths plain.
IN 10 represented by Mr.. Leicester r. Hoime and the
defendant by Messrs Macay and Nudge. The de-
fssaants IN their answer, iege among other things