davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
CONTESTED WILLS.
THE MoStYPESNY WILL CASE BEFORE THE
sUpROGATE

THE MoSt ypESNY WILL CASE BEFORE THE
SURROGATE.
The hearing In the contested will case Of Robert
Moneypenny continued yesterday afternoon BE-
fore Surrogate Calvin. Robert May, William webb.
Austin Loake and Jacob Norman were examined Tor
the contestants and testified regarding the general
habits OF the testator. and said that he was SO ire
quently intoxicated 10 become unable to attend 10
his business This closed for the contestants
Mary Ann Cutlery, OF Owego, said she was sister
OF the widow OF the and that sho had visited
at his house two years ago last August that she was
there for that she never saw him under
the influence OF liquor and that he was ut all limos
capable vi attending TO his business.
john Snyder, man eighty years OF age, VINO had
Known the tcstator since lie was a young man, gave
sim liar evidence
Clara e. Cutlery testified that sho visited at tho
ago last August and that he was then perfectly sober
She said that sue was present when the testator
burned a will In which tnero was u, OOO gwen 70
young Mr. Dnsmorc, nephew OF inc testator; as
nearly she could remember, Il was III The month OF
September OF tho year sue visited the testalor. she
said that immediately aitcrward Mr.. Moncypenny die
taied the OF another will 10 Mr. Thomas Bren-
man, and that will then drawn and executed That
night, and that this Will Was The Will now before tho
Court.
Mr. Gardner Chapman, treasurer OF the Union
Dime Savings Bank, suid tnat he had known the tes
Tor twenty years testified TO mis- excellent
business habits aud 10 his TRANSACTIONS with the bank,
and that to tho time oil mis- death the testator had
been perfectly correct IN his TRANSACTIONS with Inc
bank, and understood perfectly what he was doing.
The evidence IN the case was then closed and the
summing up was adjourned until the 10th OF July.
In the cross examination oil one or two witnesses
allusUn WAS iiauo 10 u MIS- Worcester having
provided Mrs. Moneypenny with baby--her present
da ghter-but the said ihoy were ignorant
OF any such transaction.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
GENERAL DAKrN's oBsEQUIEs.

The funeral or the late Major General Thomas 8.
Dakin VIII take place this afternoon and The remains
Will be in TERED in Greenwood Cemetery. As stated
In the HERALD yesterday tho body will lie in In
the rotunda OF tho City Hall from nine to twelve
O'Clock. aiser which private funeral services viii b.
held at the family residence tho deceased IN Pearl
street, near wouahov Tho paibear,rs chosen
Major General Franklin Townsend, AdJutant General
OF the State OF New York; Major General Jonn b.
Woodward, inspector general; Major General Alexan-
der shalcr, FIRST division; Bris1.er General William
q. Ward, First brigade; BrIghdier General Joshua
NJ varian, Third brigade, aud Brigadier General
James Jourdan Filth brigade. The body VIII not be
exposed TO view al tho Church OF tue Redeemer
Fourth avenue, Pacific street, where tho
Will DO ne,d az O'Clock IN The afternoon. Tue
dean OF the General Theoiogical seminary or New
York. Rev. DR.. Seymour, and Rev. Ferris Trip will
oitciale. Tho escort viii be under the command OF
Brigadier General Ira L. Boebe. The line OF march
viii be-Fourth avenue, WyckoT street, sixth avenue,
Twenty second street. Fifth avenue and thence 10
Greenwood Cemetery. Tho body VIII be placed IN the
receiving vault for few days salute will be lred
by a company OF tho Thirteenth regiment over tho
ynu
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
TRADE AND TRANSPORTATION.

RAILROADS CLAIMING TIE RIGHT OF EMINENT
DOMAIN RESTORATION OF THE CANAL
TRAFFIC.
A meeting OF the Board Of Trade and Transporta-
tion was held yesterday afternoon at which Captain
Ambrose Snow presided.
Nj. Thuroer, Chairman OF the Executive Committee
offered tho following preamble and resolutions. which
were concurred in by tho Board:-
Whereas application the by the
New York Central and hudson Kivcr Railroad Company
along the front the North River between sxty
essd that this land !. nesded for deDoss &C.
Resolved That in the opinion Of this Board it is TO the
int New York city that the railroads cenrinc II
i sLe cooSenient and of their
business but tht said roads should be required 70 own
pete their revenues by forming Credit Mo5er organi-
GERS a. n, he expense S q the public - ''
Ns.oysd mt ths albany bridges tae Merehants Ds.
Company the River and li.rbor Com
pa,eat parts Of the Nav orx centra hudson River
K.ilrond which Estimated % yield prob. q up
in the interest Of the public and .he s Of said
railrosds
Mr. Simon Sterne, chairman OF the Legislative Com.
mittee maze known MS regrets that Tho bill before
the Legislature TO establish railroad commission,
similar 10 that oil Massachusetts, had failed 10 pass,
having been reported upon adversely. He said that
report OF the had been suppressed, al
though agreed upon N their rooms fully seven weeks
ago Hal the matter been acted upon tnen In the
Legislature the isct would have induced those In
tercsted In the measure 70 take action IN another
direction. But three days before tho Adjournment
nothing could be como IN tho turmoil oil the Logis.
ture's adjournment.
Mr. A. u. Miller, chairman Of the Canal Committee,
read address showing that the socallcd railroad
haa been the means OF reducing the ooatinen and
boat owners 10 the extreme edge OF bankruptcy. All
the boats were heavily mortgsged ana tho owners IN
debt. The business stagnant that since tho
existence OF the canals year passed without the
building OF single boat As the canals fell into dis.
the accustomed business oil the CITY and slate was
being rapidly diverted by railroad Determinations 10
other Atlantic States ana cities, aud there was just
cause 10 lear that with the destruction 0i tho plant
OF The canal that Is, boats, horses and equipment.
amounting to no less thau $26 100000, the canals
would be Practically II not wholly abandoned and
commerce receive irrcparabe injury. Mr. Miller
continued -"fho wise action oil The Canal Board and
Legislature during the session oil 1871 however by re-
duclpg the TOLL has again stimulated canal traihc and
future commercial prosperity by this means IS now
reassurrcd The Board OF rrauc aud Transportation
may claim the credit OF being INSTRUMENTAL III bring
rug great subject bc.orc the legislature seconded
by tho attorney OF the Boat owners Association.'
Mr.. browning and Colonel Faulkner also addressed
the Board tho canal question, alter which the ses.
sion adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16

HONOKABLy DISCHARGED.

schor DO Charlatta, the spaniard, who arrested
ON tho 23d OF March last at the instance oi Mr..
butcher of sixlysecond street and Eleventh avenue
who charged MIN with obtaining money under false
prcicncas. was yesterday honorably discharged by
Judge 9iIderslecve The evidence niled to show that
IN selling tickets Tor entertainment that was
Intended to come OF the 2Jd oil March, but which
diu not come on the senor sold with tho intent
10 dcfraud On the contrary, Mr.. Dc Charatta claims
that havin been taken sick he was oDgcd TO defer
the entertainment TIL the 27lh aud that no sent let
tiers notifying purchasers OF tickets 10 that eject
Scnsr do Charlatta also contends that he sent Mr..
butcher letter concerning the pOstponcment, ana
he that he intends TO bring suit against him
or faIso iu1prisOnment
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
SrATIONERS' BOARD OF TRADE.

Tho semlannual meeting Of tue Stationery Board OF
Trade held yesterday al their now rooms, Nos 81
and 90 Nassau street. Mr.. Willy Walach the prcsi-
dent. called the meeting to order, and Mr. Charles II.
Hunter the secretary, read tho minutes Of the last
meeting, which were approved
Mr. Waliach welcomed the members to thor now
Offices aud contenaed that hoy prov"d tho increasing
prosperity OF tne organisation They were not yet
incorporated body, Dut an act had Ueen nrod uccd
the Legislature to make boards OF trade iucofpo.
rated Inc OF last year larger than at
time since the organization. Much oil II Was COM
piICatsa a1a required attention aud time.
ar. Geornc 4. Pcase, chairman OF tue Finance Com
mittec reported that Ia the past obts tue
izaion has Increased In St. ength ana number.
The Treasurer Mr.. Wiiiain J. Martin, ropotte that
iron, November a. 1877, 10 May a. 1873 Tue receipts
we're So V2L W, anu tnu disbursements 5,36v IL.
Tue Secretary's report likes the amount received
from me mDsrs al SO, 0oI 30.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
originated in a controversy as 10 tho ownership of
81 900 worth OF jewciry lett by Mrs. De Gra which
came into the possession Of Mrs Steel.
COURT CALENDARS-THIS DAY.

SUPREME CouRr-CHAnBERs-Held by Judge Dono-
nue.Nos. 81. ia, 10, l3l, l6I, les, 2o7 24l 200
2es, 29s, 81 assessment %: w l25 Ia ~
lS0 ls2, 1853, 1856. lSS, 1873, 100.
SUPREME CoUgr-GExERAL IsRM-Held by Judges
Ingalls,. Daniels and Potter Nos. SO, So s4 So So,
Oh 90 u.s. 101 Ill, l2s 1855, l42 9S 1885, loo, l6 no.
III IL, III l75, s6 1885, 1926 1871 lt4, III 49, $50,
SUPREME CouRr-sPgcAL rERN--Held by Judge
Van BrunL-Nos 406, 425 444, $40, 81, $780, 1876. 49,
800 S7o, 800. SO S94 1888 2lSs ~ ~ 80 100 90
467, ls9, AIS, 46S, i69 to 4s5. Inclusive.
srpREas Couar-ClRcutr-par Held by Judge
Held Judge Lswrence.-Nos 969, 1914. 1892 l6s2,
ges 2O3i 1904 1885, 1905 1899 1494 1893, 1884, 3342
arl3-Held b. Judge Van vorst.-Nos 1882 1880 500,
507 5l2 1926 3s4 1441 l045, lll9 1925, 2503 1927 ~,
l2ll l54 l54s s479 liza. 14s4 65s3 l444 1902, 81,
suraRIoa CouRr-GESrRAL TERM-Hed by Judges
speir, Sanford ana Freedman Mos. 20 81, 80, ~.
SS. 80, 49, 49, AZ, Al, A., 40, IS, 40.
SUPERIOR coukr-SpEcIAL IERM-Held by Judge
Curtis Nos b2. o.
SUPERIOR CouRr-rEiAL TERN Part 1-Hed by
Judge Sedswick.--No. 4So. Parts2 ana 3.-Adjourned
for the term.
COMMON pLEAs-GESgRAL TGRM-hcld by Chief
LarremorsNos 40 2. II, Is, 20, e. q, 20, II, ",
Az. Al, 5la, 5lb, 122, As.
COMMON PLRAs-touiry TERM-AdJourned ior Inc
term.
COMMON PLRAs-CnAABERs-Hed by Judge J. +.
Daly.-Nos. z, II
COMMON PLgAs-rRIAL Tnam-P Part 1-ficld by Judge
Van Hoeser.--No. oJl No day calendar Part =
Adjourned Tor the term.
MAKIsE CoURT-TRIAL TgRM-Part Held by Ju1ge
AKer-Nos .G47 4454, 1926, 4G42, 4643, 24751s 4629
1882 AIT, 4630, 1869, 4l77 $3.50 40o7, 465s FAR =
Hcli by Judge Gocpp-Nos. 4505, 1918, 46l4, 43o9,
39iU 1920 4603 427s, 1880, ASA, 4474, 4o2l, 4ois
4574, $3.50. Par, 3-Held by judge sinnott -Nos.
457 3553 4S26. 1896 1885, 2S75. l27s 1860 s274 46o2'
1901. 1855, 23l3, 442l, 2643.
COURT GENERAL SEssioSs-Part l-Held ny
Recorder Hackett.-rnc People vs. Horny W. Wal
tcrs, ieonious assault ana battery; Same vs. Eugene
MCCARTHY, burglary; Same vs. James Kennedy, bur-
glary; Same vs. John Hca!cy, burglary; same vs..
Same Eugene Herman, grand larceny; Same W.
William Dempster. grand larceny; Same W. charles
Berry grand larceny; Same vs.. John Handy arson
Same vs.. William Irving, William Busted and Will
IAN Temple, gamUnng; Same Va. John LOTUS assault
aud battery; Same John Webo lalse pretenccs; ;
Same vs.. Johanna Il. Mey ers, grand larceny; Same
w. Francis Williams larceny from pcrson Same vs.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
HEAVY DAMAGES.

The English steamship British America and the
American brig Carrie WINSTON colilded the high
seas ia 1876 the latter vessel sunk. Her
owner George H. Churchill, brought suit against the
steamer for 500, 900 damages IN the uniied States
Court of the southern District. As the amount sued
for TO exceed the value OF the steamer the
de isndants made application to Judge benedict Of
the United states Eastern District Court Tor an In
Junction restraining the painti. snouid he gaa the
suit, from suing them Tor any deficiency. Tho do
PENDANTS applied Tor tho injunction Oh the ground
that they we're subjects OF Great Britain and non-
residents OF this country. very lengthy decision
in The was rendered by Judge Benedict yestcr-
day, In VIII oh he granted tue injunction.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
THE DIcKIE WILL.

Testimony WIS also heard by Surrogate Calvin In
the contested will OF Patrick Dckie. The exam
ination OF Mrs. Hoen u. Adams was continued IRON
the previous day. She testified as TO the careless
manner in which her ia,her kept his papers In 1874,
and that previously he had been very precise anu
careful; he was IN the habit OF giving witness pres
ents, but IN 1870 he gave her nothing assigning az
reason that he was very poor; Ia 1874 she examined
her fathers wardrobe and found him destitute oil nee
essary clothing; on another occasion she nnu her
children went 10 visit him and lound II impossible to
remain, us her iather had sold the bed ana beddDg
In June, 1874, Mrs. Adams 1rst heard OF n lawyer
named Dawson She saw him ut her father's house !;
She told her father that she had heard that he had
givcn TO Mr.. Dawson an order upon Mr.. Woodruff 10
deliver up his cntire properly 10 the care OF Mr..
Dawson; her father did not deny the allegation
After d snort crosse minalion the nearing adj
journed until Friday morning, at eleven O'Clock.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
THE LEFFERTS ESTATE

Five hundred and thirty-four lots OF the LeTert
Leners estate, which is bounded w Bedford, Putnam
and Tompkns avenues and Halscy street, Brooklyn,
were sold at auction at No $50 Fulton street yestcr-
day Tho lots sold on Haisey street brought IRON
500 to $40 each; on Hancock street. from 5000 TO
1910; on Jefferson street. from $500 10 S455. Iomp.
kns avenue from 5000 10 81, llO; ON Putnam avenue
rom t726 TO S15U
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
REyoKING GIFTS IN TRUST.


question OF considerable legal interest as to tho
right to revoke gilt In trust argued Of consider
aDc length yesterday in the Supreme Court, Genera
Term. In 1873 whom the late Henry H. Meigs and his
brother, Joseph J. Megs, were largely engaged Ia
railroad Pennsylvania, the latter sent IN
stuctous 10 Joseph Spinney, his special agent here
TO buy 500 900 government bonds and give the same
TO j. B. J. N. Cornell IN trust Tor his tMcgs chil-
dren, charge the TO his general account On
the same date lie wrote private note TO 5pnney, a
portion vi which Was as follows.-"Tbihgs look
lust little dusty here, owing TO nght
between the government and Dreyiuss, w
when tho loan Tor the moment postponed, ana
TO prepare my self for the worst nave used my
power OF attorney TO ask you TO purchasc $780, COY
bonds Tor the cubs " things como 10 regular break
spIuncy purchased the bobds, as requested, placed
them ia the hands OF the Messrs cornell anu TOOK
Their receipt such receipt stating that the bonus were
held trust Tor the children OF Joseph o. MeiBs.
subsequently Mr. Mcgs wrote 10 Messrs. Cornell 10
change the bonos to registered bonds aud hold them
IN trust Tor himseL Upon consulting counsel tho
kessrA Cornell refused 10 DO THIS, owing TO the
nature Of tue r0oept they had given. suit
was then brought by Meas against tho Nessrs.
Cornell, and Mr. spnney, ~ when was impicaded
the children OF Mcigs 10 compel the surrender OF The
bones 10 hin. referee appointed TO investigate tho
case reported In favor OF Mr.. Meigs, IRON which
port appeal was taken TO the General fern by MI
William Mtchei JL, guardian I'D iitom Tor tho chill
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
THE STOCK EXCHANGE.

Tho new Governing Committee OF the Stock Ex
change met yesterday and reapponisd The two
assistant secretaries and tho roll clerk. the special
committee appointed for the purpose madc their
report the ling committees Tor the Year, aud
their names wiz be announced to-day from tho
tr nm OF the Exchange
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
CORONLRS NOTES.

Thomas Nolan, aged thirty-nvo years. died sud.
denly yesterday at No ISL spring street.
william Brennan, watchmau, had his foot crushed.
Apri 9, by being run over BY railroad tram al Fifty
sixth street anu Eleventh avenue. lie was
moved 10 Roosevelt Hospital for surgical treatment,
whore no dicd yesterday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
ROBBING HIS MOTHER.

Detective Crowley, OF Police Headquarters, this
CITY, yesterday arrested John Marshal, young man,
on a cnargo OF stealing Sloo worth Of property from
his mother, who resides at No. 2i2 Sands street,
Brooklyn. Ine alleged robbery was committed on
May u Too stolen property was recovered ny Detee.
tive Rugs IN pawn office, aud tho accused was locked
up TO await exam nation before Judge Walsh.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16

dren. on the hand 1t Is claimed that the bonds
never intended as gift TO the children, and on
the other thar all the iaets connected with Il show
that II was g apd that such gift II Is irfevocu-
bic The Court took the papers, Resolving It's deci-
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
RELIC OF THE CIVIL WAR.

somewhat interesting case. involving the right to
condems bank for alleged disoyay, was argued
yesterday, appeal, in the Supreme Court General
Term. The action Ia brought by Verona 5. M.
Chapman against the PbGnix National Bank, OF this
CITY to recover eighty OF the stock Of tho
DID PhGnix Bank, which since become merged in
the defendant. In 1854 the plaintiff who was then
married. bought $50 shares OF the stock but aiterward
sold OF the shares leaving eighty shares In
her hands for when the bank issued their certi1-
cato in her then name Of Verona s. Moore, thus
recognizing her the owner OF tho stock and which,
she says, she has owned down 10 tho present time.
In 1861 she was married 10 The Rev. Robert H. Chap
man, ID D., and has ever since continued TO be his
wife During the late civil war she resided, alth ough
loyal to the Union government, In the Southern
munication with the North. In 1854 proceed
ings were taken here in the United States
District Court Tor the condemnation OF thu
cighty-four shares OF stock on account OF alleged
supposed using of such stock IN ala OF the rebellion
and committing various other hostile and dlsloya
Tnese proceedings were taken under tho act OF
Congress passed August O, 1861, with reference TO
1852 IN the condo mnaton of property Of
pcrsons engaged in certain hostile acts against the
United States government Previous 10 these pro-
cecdings letter was written by tho Dis
directing him seize the stock and also
a CERTAIN letter written by tho Marshal
TO the president OF the Phenlx Bank notifying hun OF
such Supposed seizure. Thereupon libel was filed,
the stock condemned and sold, and one-nalf of the
proceeds given TO the normer. The plaintiff brought
suit her dividends from 1861 TO 1870. On
the trial before Judge Speir her complaint dis
missed. She appeaied on numerous exceptions, and
Amer hearing the argument the Court TOOK tho
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
SUPREME COURT CALENDAR.

PoUaHKEErsIE, N. Y. May IL, 1878.
The following is the General Torn calendar for To-
morrow
Nou.enumeratod--Nos. 1, 8, o, 10, Is, 33, 3s.
Prolerred-Nos. 8, IL .
Enumeratea-Nos s. g. 20 %, 81, SO, 81, 40, Al, AZ,
49, 81, 531a, 55, b, 80, ~, US, TO-
Applicants ior admission 10 the Bar Will be exam
ined
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
KILLED WITH A MATCHBOX.

Union Ill., for the killing Of ustave KOCH proprie-
tor tho lager saloon at No 326 ehth street,
on the evening OF the 9th OF March last, was COM
menced yesterday In tho Court OF General Sessions,
Part before Recorder Hackctt. Assistant District
Attorney Lyon appeared Tor the prosecution and Mr..
A. Ii. Hummel for tho accused Tn the evening IN
question Brumbauer aud other friends entered
kochis premises, whore they commenced to drink
beer and play cards. Koch at the table The
Koch spriug from his seat aud heard him exclam, FUr
Gods sake, why dld you strike meY What have
4 done your lie had been struck
the temple with A stone china match
holder and the blood streamed proiusely from tho
wound. A witness named Streom testneu thai Koch
then seized BrumDauer with his LETT hand and struck
him with his right From the testimony OF August,
ot The deceased. II appeared that wnen III par
ties entered the saloon they were received cordially,
being ou rengs. HIS iatncr Jokingy sroked the right
side oil Brum bauers lace, which, however the later
resented. kocn repeated this act whereupon Brum.
bauer seized tho match holder aud struck him. Dr.
Rose said that when he called To attend KOch
three days alter the wound had been received
eryspoias had set IN, and that lac died
on the l4tn Of March. witness namcd
the occurrence, testified that Brumbauer came to
This city March y 10 attend funeral, ana that
they all seated at kOcb's taDlo angry
words were SPOKEN between Brumbauer ana tho de-
Al this stage oil the proceedings The son o tho
deceased shouted out 10 tho witness, 'You lc; why
do you tell ths lie =" Tho ON GERS quoted the young
man aad the trial proceeded. The witness TURNER
testified that when Koch repeated tho act he received
the fatal blow on the temple. The prisoner, IA his
vous witness. recorder Hackcu viii submit She oasc
10 the Jury TO-DAY.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
AN INDEFINIrE VERDICT.

woman, admitted 10 have kept house Of doubt
full reputs In rwentysoyenth street some time since
became indebted 10 her grocer In an amount for
which he brought suit and recovered judgment The
Sheriff seized under execution parlor furniture
to tho ownership OF which Jacob Goddard made
claim This claim was disputed by the judgment
creditor, who gave bond TO sheriff Brennan TO In
dcmnify him in selling the property and then fol-
lowed by Goldlarb against the sheriff TO recover
$780, the value oil the property sold. This suit
has lust been tried before Judge Sipnot and jury In
Part OF tho Marine Court, Mr.. J. p. Solomon rep
resenling tho plaintiff and Vanderpoel, Green a.
Cumming the Sheriff. Contradictory proof was OF
fercd the trial as TO tho ownership oi mo
property, II being insisted on tho part
OF plaintiff that he sold the furniture TO
the judgment debtor upon nstaimens, none OF when
paid. ana that ne was not TO pant with tho
ownership unt all were paid white on the part OF tho
Sherif Testimony Mas given 10 the elect that the
judgment debtor had the furniture before the date at
which Tho plaintiff claimed he sold 1t to her. In
charging tho jury Judge Sinpott instructed them
among other things mat II they should hnd III favor
OF paintin their verdict would DO Tor $500. Yes
terday morning the jury handed in sealed verdict,
IN which they stated they found In favor OF the plain
TIN, but without naming any amount This Indefinite
supposed to arise IRON an impression on the
part OF the jury that II they found Tor plaintiff the
amount would be fixed by tho Court At 5000 This
error however, could not be corrected, and involved
tho necessity OF tho Court setting ASIDE the verdict
and ordering new trial Tor Tuesday next