The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-01
Important Decisions by the Supreme
Court, General Term.
THE CASE OF GESNER.
How Science and Museums Were To Be
Peculiarly Benefited.
N U R Sc OR WIDOW

the most important opinions Is given below
First order is tho Of Nelson A. Gesner, tho
alleged forgcr Some months ago Gcsner was taken
from Chicago to this city on charge OF completely IN
. forgery OF check OF tho New York Life lnsur-
snce Company, drawn on the Union Trust
Company, and was taken for examination before u
police judge. During tho examination tho General
Sessions Grand Jury Indicted tho prisoner Tor ior-
gerry, and at tho prisoners request tho exam
tnation adjourned, and he was arrested
ana hold to bail before tho General Sessions Court
The prisoner then taken ON habcas corpus and
certiorari before Judge westbrook, IN the Supreme
Court, who discharged him from tho custody OF the
General Sessions and remandcd him TO tho custody OF
the magistrate, and ordered the examination to pro.
Good. Tho District Attorney appealed and tho Gen.
eral Term decision yesterday Judge Davis writing
tho opinion. The Court says the being felony
within tho county the General Sessions had jurisdic
on but the case could not be tried by IL without In
dlctment ana whether the Grand Jury wero aware Of
the proceeding before tho magistrate did not aiicot
their Jurisdiction; and being indicted the prisoner
was properly held Tor trial by the General Sessions
The Grand Jury might ndict whether the magis-
trats discharged the accused or noL and there Il
nothing In the statutes or rules requiring The
General Sessions Court pause ana inquire whether
an Inferior magistrate has IN exumination pending
before him in relation 10 tho same officer besides
which, II there was any question Of irregalarity in
tho General Sessions C0art proceedings, It could not
eollalerai!y be passed upon by another court
Alter reviewing Judgo WestUrook's points Judge
DAVIS says:"l was not the intention OF the Revised
Statutes require the magistrate 10 continue
animation under every and In despite Of all
cumstances, Tor instance, where he is satisfied the
evidence fails 10 establish the charge Tho intention
was that person should be hed ior trial ny an ar
resting magistrate except such examination: but
slIer ts main object had been rendered nueatory by
Al inuictmcnL" TIC Court goes ON " point OUT Inat
The continuation OF such examinations by magistrates
where grand uros irreguary Sit during the low
oi such sittng, would often thwart justice. In
eIusion Judge DAVIS says:-"We SEQ no substantial
ground which The order under review sus-
famed. Proceedings reversed and prisoner restored
~ warden under the General Sessions Court
rant 70 remain IN custody trial unless baied."
The prisoner II may Dc stated, has long ag0 been ad-
mitted to bail
A dsss,on was also rendered on tho appeal IN the
OF Attorney General Fairchd against the Security
Life Insurance Company aud Wiiiian II. Wckham ~
receiver. The appeal was from an order denying a
motion ON tho part OF Charles X. Foote anu DIVERS
Dhcr policy holder s, praying Inc Court to authorize
and the receiver bring action against tho
personal liobiliiy under the statute Cniei Justice
DAVIS writes The opinion oil the Court. He says tho
facts stated Ia The moving papers tend strongly
show that there cxsts loyal lia0ility against the
directors vi The company which ought " bo enforced
IN some form. The Court below refused TO grant
Tie motion because to do would TO
up tue funds III the hands OF tho receiver.
and because the creditors havo tho rgnt u
sue tho same parties their own expense,
and the fund the receivers hands should not bu
hardened with the expenses OF such litigation judge
DAVIS says tnat although II may DO true that the
rrclt0rs have such rights II Is not quite clcar that
the policy holders nave tho same right their special
relations to The corporation But tho corporation
ieeli also had tho right u MAINTAIN such
Tho Of u parties interest sit,r US credi-
tore, stockholders or policy holders. And tho
anu Is sssd Of ali the rights 10 that resD.c WHICH
the corporation Itself had unucr the statute The
puts himself undcr the direction oi tho Court
informs tue Court tnat he has taken the
eminent counsel, who have ADVISED MN that the
facts would Not sustain successful litigation
undor tho siaIutes OF the State Tho objection
that tho litigation would tie up tho funds in hands
Of The recvvcr Tor an ipdcnnitc period ot u
serious one, but ~ can easily DO overcome by the
terms order allowing the commencement Of u
SUIT There Is no difficulty In requiring sucn indein-
nifty to be given to Tho receiver AS will enable HIM
SUBSTANTIALLY TO proceed IN respect to the iund tho
property in ms hands as though such
pcnding ana protect both him ind the iund all
liability tor costs and expenses In CONCLUSION no
says-We think our duty, therefore, to reserse the
ORDER lonyiDg tho application and 10 direct that an
order be tntercd allowing tho receiver Tor and on
ben iIf OF ali parties interested to commence sucu un
action on bong Unidentified against tho costs and
penses thereof by tho execution delivery hun
vi n bond In such form ana VITA such penalty and
security shai be satisfactory, and ~ Le approved
by the General Term or uny Julgo thereof direct
Ing him, upon the execution and fling OF such bond
~ Institute action Tor The purposes mentioned"
Carl Lesser, paintT IN error against Tho People of
tho state OF New York; deiendan,s In error ms case
Game before tolls court on wrt OF error Carl Lesser
was Jointly indicted with Charles H. Melville Tor ov.
tanning properly ny iaso preIences, and was tried
sions sentenced " State Prison two years On
III. 2slh OF August 1917, jeweiry TO tho value or
1856 was purchased by Melville, who stated, IN the
presence OF Lcsser ~ Will 90 and bring the money"
Alter a abort time he returned, bringing check on
the Chemical National Bank Tor the amount, indorsed
&C. Il. Melville" II was then TOO Ete 10 get tho
check cashed but botn Lesser aud Melville
said that tho check was 'gooI." Tho cnock
was presented the next morning, anu II Was
hscertained that there were funds pay It, Judge
Ingalls,. who writes The opnion holds fuc,s u
the case airy construed establish u false
tiou regard ~ existing aolthe goods wcre not
purchased upon preteucc that they would paid
Ior Ut future DAY, nor that the money meet tho
checN would be deposited at The bank some iuture
time but, ON The contrary, TINT the checx then
good aud The money on cepoat to pay toe sup
pose the check had been by mistake dated The 18th VI
August, coulh there DC DOUBT but that The error
could be explained ana the nslrument declared OF tho
same elect as u correctly datedY SHOULD moro
stringent rule be adopted IN Iavor oil person
VINO has been guilty OF gross fraud aud
against an innocent party who has been in-
duccd by sach iraud ~ accept tho check
Ia question, under tho expectations and prctcnces
above mentioned, as the substitute tor money then
Que, and to become payable at a iuturu day. Tho
case oi Key Vs. Parker, Cor and r., $50, was where
ths pr svner purchased watch ana The 2Ih
OF Docember ANA gave ms check drawn upyu Bri,
ish bank, IN payment, da.cd January q, following
Tor his own convenience. lie WAS convicted anu the
samc was sustained upon count OF Tho Indictment
arginy that the priso"or falsely pretended that Tue
check was good and valii order Tor $50. THIS de-
cision iuy sustans the convctiJn In case al bar
huu We SIU5tantliI reason lOr disturbing
~, ana the same should DO affirmed ana "a now trial
denied. w. +. kinizDs appeared Tor The prisoner
aud District Attorney Phelps Tor the people.
The General Term yesterday rendered. decision I'm
tho Of the People cx rel Leroy Satlcrlco against
the Board Of Police, wnich was Drought ~ compel
DEFENDANTS 10 puy him an alleged balance OF his sal
AIRY as police surkcon Satteriec, ~ Will be rcineln-
bercd-tho facts having Ooen heretofore published IA
tho HxRALD-was appointed police surgeon
u saiafy VI Sl,ooO ~ year, and accepted
tue ollico II was gwen him. The resolution ape
pointing him contained sta'cmeot OF toe amonnt Ut
his salary ana he was paid AT tue ratio pamod Tor u
long time. He now cains that he Is emitted TO the
.npeD sation liked by tho statute OF 1866 chapter
SOL which ~ 1920 per nnnur lie claims luat the
Com .ss.oDers mad no power 10 diminish his salary
Ms established by law, und ho
was appointed his right ~ compensation
WAS established. In tue Court below he
obtained the pcrcmplory nandanlus asked Tor anu
Inc Appealed. Judso Brady. ~ho writes
Tho vpInivn vi the Court on the appeal holds that
sssuII .ng tho Commissioners had no power
to r.u nee saurts yet II does not determino tue
su,Itty VI rcator to waive or rcIquisn any part
OF NJ Oh COMPENSATION Havn- accepted tic position