davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1878-06-21
THE CODE OF CIVIL PROCEDURE.

ALBANY, June 17.-At a meeting Of the
Special Committee of the Senate the Revision OF the
Statutes held this daY-present Senators Samuel s.
Edcl Edwin Hicks and Charles Hughes, full commit
teeon motion Of Senator Hicks the following resolution
was passed unanimously:
Resoire-FIst That I'm the opinion Of this committee
II he not exuedent that code OF civil procedure be
enacted but Is expedient that the Code OF Civil Pro
cedure now in force sought TO be amended by the
Legislature OF the session which has Just closed be
tained with such further amendments II any, In mat
ters OF detail as may appear 10 be necessary
careful examination and review thereof or as the result
OF the practical experience OF the bench and bar there
under.
See6ndIy-That I'm the opinion Of the committee the
said Code of Civil Procedure should be completed that
IN will contain the entire revised legislation OF the State
upon the subject OF procedure IN civil causes and there.
upOn that the former statutes upon that subject should
be repealed; for Which purpose this committee viii re-
mort at the next session OF the Legislature bill contain
ING the nine supplementary chapters reported 10 the
Teosature at the session which has just closed by the
Commissioners 20 revise the statutes with snch amend.
mens as may be appear 20 be expedent upon careful
examination and review thereof
TLjrdil-That for the purpose of assisting this CON-
nnittee In preparing such bills as may be necessary
carry out the objects above stated the members Of the
bench and the bar Of the State are requested TO furnish
10 any member Of this committee any suggestions which
may occur to them amendments either 10 the thirteen
chapters of the Code OF Civil Procedure now In force
to the nine chapters proposed to be addea thereto
New-York tribune., 1878-06-21
xLyM COyGRESS-IId SESSION..

REGULAR REPORT or PROCEEDINGS.
THE LAST -FOUR HOURS OF rHE sEssIoN-CLosING
INCIDENTS AND THE FINAL SPEECHES OF FARE
WELL.
SENATE. WASHINGTON. June 20. 1873.
After o'clock this morning, the Senate
was left without quorum several times, and some time
was consumed In calling the roll to secure the attend
apce OF Senator'S many Of whom were asleep in the
committee and cloak rooms.
The House bill 20 authorize tine sale Of smoll
now in use in the naval service and TO the proceeds
of sale for the purchase Of arms Of similar calbro TO
| those used I'm the army, was passed
Mr.. ROLLINS Qsep., N. H. called up the House bill
avndatory OF the Act TO incorporate the Capitol North
q gtyeet and South Washin gtOn Railroad Company.
Ro,nerOus dlatOry motions were humorousy made, 10
bs the desire Of majority OF the Senate not to raEs
YtSaiiy, M VOORHEES, read, amid much laughter,
The ,,in recently introduced by MT F"terson lRep,
1,SDure which provides that Congress VIII vote an ap-
propf,atlon, the same reward, 20 be paid 10 the
American citizen who shall pOoueo new ioOt measure
which shall divulge In II the truth OF the meeting OF
parallel lines Of exceeding great length
A few minutes before o'clock a message re-
ceved from the House, announcing the passage OF
concurrent resolution extending the session until a.
IN and N was Immediately cOncurred In by the Senate.
several calls Of the Senate had been made to
leave the Chamber. lie said, should there be quorum
wanting the sundry Civil bill might iall. aud an extra
sessIon of Congress, which would cost the people
| 100000 or more, would be necessary He hoped
Senators would remain and tlat TINS session would be
finished with credit Congress aud with benefit 10 the
! people. ,-.,,,. ,-.,.,..,
| roIlment would be done by o'clock.
WT THURMAN said he had intended TO move a recess
but several Senators thought there would DO no quorum
upon TenssemblmH
The PRESIDENT pro tempore appointed Messrs
Oglesbv Saunders and McCreery the committee the
part of the Senate consider the subject OF transferring
| the Indian Bureau. - ,.
os mail contractor on the route between Santa F6 aud
San Antonio was discussed at some length, aud passed
yeas, % nays, ~. .
| Dir. BLAINE (Rep. Me) submitted resolution ex-
! tending the session until p. m. Thursday.
| Mr. WINDOW said he had Just come from the House.
and II was said the enrolment OF the Sundry Civil bill
would be completed by m, Should the time OF ad-
be extended proposed by the Senator from
| Maine, Il was feared the House would not have
MI BLAINE replied that It made no difference as tho
only thug do vas 10 announce the signature OF the
New-York tribune., 1878-06-21
HARYARD UNIVERSITY.
PROGRAMME OF CLAss-DAY EXERCISES As THEY
WILL BE OBSERVED TO-DAY.


WILL BE OBSERVED TO-DAY.
CAMBRIDGE, Mass, June 20.-Class-Day at
Harvard University WILDE celebrated tomorrow, and
with q . st not usual 70 the occasion. The custom was
long ago venerable with age-as much so as tie Dcca-
rasion OF Independence having been inaugurated in
the same year There have been at times serious mpcd
meuts TO the harmony OF heceebratOn growing out oi
class rivalry and the feelings that come from the strife
of secret societies But this year concord is promised
The election Of the various officers 70 manage tho affair
and those who furnish It's literary features peaceful
and almost unanimous. The chosen orator is Charles
Moore OF Michigan There VIII be poem, Ernest
L. Vaters OF Newton, who had been elected 20 this
Office died six weeks ago. and there was not thought
10 be sufficient time for another prepare poem
70 his satisfaction. The ivy oraton will be delivered
by Warren K Blodgett Of Boston. Edwin U. Morse Of
Eatck has written the ode which the class VIII sing
The exercises will begin NJ ll30 a. m, the class going
In body Sanders Theatre, where the bright ana e1-
pectant audience already some time assembled WIN M De
the most interesting feature OF the gay loI sevtIa
minutes. Here oration and poem viii be heard ana
band OF music will play. From 1880 D. m until the cool
this building and In that every entry with ts spread
while the spacious room In Massachusetts han VIII Dc
the hcadquart Of nine particular graduates, Who VIII
give good 10 their friends in common. Dancing
meanwhile viii begin In Memorial Halli on the Green
the Cadet Band VIII pay ana MANY pe9P9 PyleIa9 1;
When the hour Of 4:3O shall be reached the class VIII
form in Of StOughton Hail. make the crcuit OF the
quadrangle, sauting on the way each dOrmitOry, and
! giving IN farewell benedictiOn with hearty
/ cheers. Inc claHs-sOuE Will DC sung dEounu inC
Tree" whore many demonstrative leave-takings'will
mark the stirring scene for hat an hour No extraya-
CANT form o dress will be permitted nor will sophOmOres
aud freshmen be allowed to greet each other with the
customary crush" Then Yeas" VIII follow Tor an
other half hour, and at ,. m the yard will be IN
closed by rope aud tickets required OF all who pass the
line Al $3.50 President Eliot VIII give reception at
bs residence 10 the graduates who may present rea-
tiycs and friends The Glee Club VII sing al 800 IN the
evening and until IL p dancing will proceed again
i'm Memorial Hall Meanwhile In the open air there Will
be sweet music and calcium lights, festOons OF Japa-
ppse lanternsand many prOmenaders. All this aud much
OF less import besides provided the weather shall smile
/ oaain on Haryard's Ciass-Day,
New-York tribune., 1878-06-21
ppocErDrYGS IN DIVORCE CASES.

The divorce suit of Campbell against Campbell
came up before Judge Potter Supreme Court, Cham
bersyeserday on the motion TO confirm the report OF the
referee H. NJ Ruggles. The husband sued the wife for
divorce on the ground OF adultery she answered by
counter charge OF adultery The plaintiff withdrew bis
sut bu the defendant continued hers. The referee 8
report gave Mrs. Campbell SO a week alimony and
$500 counsel fee, the amOny to begin February 10,
iS77 Tho plaintiffs counsel did not object 10 the
amount Of the award Of the referee but made the tech
meal objection that the report did not state that the
plaintiff had Withdrawn the charges OF adultery made IN
the complaint Tie claim was also made that the all
mouy shOuld stop with the date Of the filing OF the sup
uIatfou. Judge Potter reserved his decision. Miles
Beach and T. T. Gardner appeared for Mrs. Campbell,
William Fullerton and William Darling for the plaintiff
In the divorce suit OF Auna Dumaine against George
Dumane Judge Van Hoesen granted yesterday de-
cree of divorce.
New-York tribune., 1878-06-21

sundry Civil bill. One man 10 the Ho1se ior 'na' Pun
pose would be just good az hundred co. man might OBJ
Mr. SARGENT (Rep. CALI sad that ONO ni"H "'H-i' ~
Mr. BIAINE said that could not be done unueI 'ho 10
rules. At the request OF seFeful oeha'Vi'' NV"
Mr. SARGENT ep, Call called up inc & hOuS8 ty M the
authorize Professor Spencer T. Baird t0receVe IIS Gu
10, oT Sweden diploma aud medal ana the 5enHto
mi onthoTizng Assistant Surgeon William j. MlisoS ~
United states Army, to receive ir0m Jhe hneu'' "
EAgypt a medal aud they were passed! . - ,o,ion
At3.3O A. M few Senators being pfeseht Ol III nj
of Mr. COCKRELL call Of the Senate was ofuereu' an"
955 a. nl r THURMAN moved that the Senate
proceed to tho consideratlon OF eAeeu'"o
Agreed TO, and the doors were Closed -.
AT G:5O o'clock the doors were reOpeheu, S,, ~
BRUCE rep, Mss by request OglS1u vm iI pref
erence TO the genius and talent o me ano anE to m
orphans OF the Republic Reierfed 10 tie I'm
and Vice-President % the United states Che
Sneaker and Chaplain OF the House or
Secretary Of the smithsonian institution anu t b
siOneF OF Education shall De bOuy cOrpOIae' a' 70
known as the National Acauelhy Sl i s,o,os and
10 establish acadenies IN tlp tbird ~ fine
Congress TO appropriate Annually ohethiut Vi th th
amount necessary lot tneL o P taeS eOntTbnte
e other twO-thirds. It further provinces lhHt tuolo
shan be established the District OF Columbia an an
academy upon the basis OF equahy WIN any
In the world, which shall be the mOd'l lOr St"'o "O
emes) - IT,, -, r,,oso,-
tatyes appeared with the Sundry Ciyll APPROPRIATION
Bill which was nmedlaley S,gnSI & Dy F I he I1nfed
pro tenn, and then sent to Ihe Pfeslueh OF wy %
States bis signature, the Presdent Delg IN s
at the Capitol having renamed lnere ouiinE o ~ ~ ~
Mr.. ANTHONY (Rep, X. ~ submitted IesOutOn Is t
providing for the appointment OF cOumlItec OF Two
Senators 10 join committee OF the House
tives TO wait upon the President and hI)I ni ~
Congress- having finished its business, Is now READY 10
close its session by adjournment Agreed TO- Mcsss.
Anthony and Thurman were appointed the committee
on the part Of the Senate. - --,,u- , -, -
The Senate then, on motion OF Mr. SA R6ENl, nelu u
bref executive session aud when the doors re-
opened Mr.. ANTHONY reported that the fFeslueht naA
no further communication 70 make. -,
Al 2 o'ciocbIMr FERRY, President pro tempOre said:
The hour Of O'Clock having arrived, II gives me
pleasure to congratulate the Senate ON the terhnon
az a session of nearly months duratl0n ana 70
comply with the Joint resolution OF the two Houses N-
ing the hour Of final adjournment Permit me- sehatOs'
o Cordially thank you for your favor your confidence,
and vOur courtesy without which, should nave Ialle0
To meet the delicate and respOnsbie duties OF the O
Cnmmending you all I'M parting to the OF the same
beneHcent ruler who has preserved unbr0ken our num-
ber throughout the prolonged lab0rs now enued, uS
clare the second session Of the NLYth Congress a-
i0urncd SINE die" Applause on the hO0r,
New-York tribune., 1878-06-21
DECIsIONs-LnNE 2O.

Supreme Court Chdmber8-By Judge Lawrence
In the matter Of BandoTneCese sent back for further
port referee is confirmed and judgment divorce
granted the planti1 clark Clark Silyerman agt
COhn-Orders granted De COurCy agt Stewart solomon
agt. Lynch-Orders granted Ladd agt Wett-Motion
MED memorandum. In the matter Of DederchIn
proceeding do not think behind tho certificate OF the
regmental surgeon; memorandum. kalOman Rey-
n0ds et aIhere Is nothing before show why the
amendment OF the Judgment is asked for tell from
the whether th8 tried at Special Term
whether by default Counsel explain these
before the ORDER be sigued
By Judge P0tterUnderhll agt Myers EastOn agt VIII.
GambrellO agt Helena EasOn agt. Burnett; Coleman
agt Mcdonald; Coleman agt Mcdonald; Hilton agL Dun.
ning-Ganted stewart agt. Sewart-Decree OF divorce
granted Jones agt bingham; 0cber agt MckceDeaied.
Duan aRt. Algn.-Orde granted denying notion
Ccidt-PIFt KIL-BY Judge Van NOrsL-Ayres agt Ayres
al; opinion.
SDeeiat Tsrht-By Judge Donohue-White etc. agt White
and otheraDecree signed Williams agt Mcdonald ct al.
(Nos. /, and 3).-Decrees signed.
Common Pleds--SDeciGi TtTm-Bv Judge Van
New-York tribune., 1878-06-21
YALE COLLEGE.
CLOSE OF THE EXAMINATIoNs-A LARGE NuMBE
OF GRADUATEs-CLAss STATISTICS.

CLOSE OF THE EXAMINATIoNs-A LARGE NUMBER
OF GRADUATEs-CLAss STATISTICS.
IFroM AN OCCASIONAL CORRESPONDENT THE TRIBUNE.l
NEw-HAvEN, June 2O.--The Seniors and
Juniors finished their examinations yesterday and tho
sophomorcs and Freshmen viii through to-day Tho
latter will then eat their class supper and 60 home re-
ocng in the completion first and hardest year of
their course
The present Senior class is the largest which the
college had, and the hoping they VIII
be the largest when they graduate. The class OF "
numbers in the treunal catalogue 1917, which Is the
largest on record The class numbers 1872 II we
include one Theodore c. Strong, OF PttsoD. Penn who
died May 49, hut whose diploma viii doubt be sent to
his friends. Two three Of the number have already
received hoiice that their degrees Will be Withheld on
account of some little disturbance on the. campus, and
two may lose theirs on account of scholar
ship
Tie whole number OF graduates from the university
for the year will be substantially follows though the
number may be reduced six or eight
Academic department. 1870 Medical department. Il
Scientific department. 40 Art schoOl..-...........
Law department........ 80 TOtal...............254
The class OF 7s is an unusually strong It's scholar
ship high and several Of the professors have said
they have never had any other do SO well in their re-
an degree In his address 70 the men at the begin
ming OF their course President Porter urged them 10 Re
manly aud independent saying that II was in accord
auce with tine peculiar genius OF Yale college thaJ n
spirit OF udepence should be stamped upon every man 3
character That these words have had their elect an
told the marking books Of the division officers VIII iul
testify While the class has earned the reputation OF
being class Of the college, though there are
said 70 be very few hard drinkers In It, II Is also con
sidered the strongest in Its religious character Below
are given few facts taken from g class statistics
There Il church members, 40 tcetOtaers, ana oS
who DO not use tobacco; 81 Republicans, % Demo
Grants and the rest OF independent charcer 81 are
free-traders, ana II protectoniss the Oldest man Is
30 years 3 months. days. while the average age Is
p, Z, 10. siXty-thTee wicked as to swear lOo
TO play cards; SO as 10 dance, and an except De
lieye In theatregoing FftysiX expect 70 be lawyers
II dOctOrs ministers; journalists; teacheIsi 10
will 20 into business and the rest undecided Only
are engaged. Under the head OF favore dailies THE
TRIBUNE has AZ; The World 10; The HeTGd, 81 me
EueliD0 Post z; other papers, 25.
Commencement week will probably begin tomorrow
with the De Forest speaking which promises 10 be un-
usually good The valedicOran OF the Senior class Is
Clarence HIN Kelsey OF Bridgeport and the salutatO
rian William Howard Taft, OF Cincinnati
New-York tribune., 1878-06-21
THE COURTS.
DANIEL BERRIEN'S WILL CONTESTED.
HIS MIND SAID TO HAVE BEEN AFFECTED BY IN
TEMPERANCE.

DANIEL BERRTEN'S WILL CONTESTED
HIS MIND SAID TO HAVE BEEN AFFECTED BY IN
TEMPERANCE.
Daniel Berrien, who was at one time part
ner of William NJ Tweed in the brush-making business
in Pearst died on February 10, 1878. contest OF MS
will was begun yesterday before Surrogate calvin.
is dated June @. 1877, and gives SlOOOo 70 mfs'
Josephine steele, OF Staten Island whom tne esu'or
calls his adopted daughter" He also bequeaths SlO-
600 TO each Of her two daughters The remainder OF ne
estate IS equally divided between the decedents hVe
children-Mrs Mary wks Mrs Julia Kerrigan' Mrs
Donpelly. Theodore Berrien and Daniel Berrlcn' Jr'
There ia also n special bequest OF 5000 70 EiZsDetn
Wks It was stated by one OF te soset tor Sied he
testants that several months before tne esOI ul & m
was deserted by the members OF his family ana Ws
cared for and nnr'eg irrs upgie spso When some Of
his children came to him in his last days nc re-
biJren coptest the will and Mary Jane Berren, VINO
claims TO have been married 10 the decedent demands
her share wife, This woman, u IS si; nv n' Sr,e ~,
Tweny-second-s and is ordinarily known Dy me liane
of Churchill. There was anOthef woman ~ ~. II" po
Zea before june l97G when IT. is claimed, sue was Dap
rIed TO the testaOr She died before the VIII was eAe
The vare OF the estate IL at present unknown There
Is about 600 OF personal propeTty ana SUI sus
tbs c are now pending for about $4,000 for contracts
executed The amount Of addiuODai properly ea1VI & ~
ascertaned until receiver has been app4intSG5 nd
coutest is made on ground that the tcstatot nu
had been 80 impaired by gross nempeiance that nc was
incapable Of making legal VII. a. ,,...o,,t testiaad
Elliott SandfOrd, lawyer OF NO % Nassa-st' sesyIl 1
that Nh Berrien came into mis- office on June o lSI
and said that he wanted will drawn mp, ana tOd WnV
he wanted the provisions TO be. He was intoxicated.
He came the next day 70 execute the VIII ne na1 Deen
drinking sgaIn but was not Intoxicated The witnesses
10 the win were Mr. SandfOrd, g. W. West, ana M.
Butler When Mr. Berrten came first 70 tne once nc
said that he was afflicted by tue death Of Mrs DE he,
sometimes called Mrs. Berrten," as the witness eA-
plained Mr.. Berrien said that when the VIII was
drawn he was gong 10 Colorado. ,,..
G. W West testified that Mr. Berrien was not drunk az
the time He considered him, however man OF lnten-
perate habits 80 , -, o- n
The case was adjourned until Thursday, June -. 1.
J. Mckee and T. G.. Mcdonald appeared Tor the eAFcu-
tors John T.. Deyeliu for the children B. g. courtney
for the widow, and L. YandeYeer for tile legatees'
New-York tribune., 1878-06-21
CORNELL UNIVERSITY.
CLASS FEsrvIrEs-THE BACCALNUREATE SERMON
BY DIR. BELLOWS.


BY DIR. BELLOWS.
TFRoM SPECIAL CORRESPONDENT or THE TRIBUNE.l
ITHACA. n. Y, June 19-FOllowing the
OF the two just passed. the festivities OF
commencement season were opened this year by the
nual Hill Banquet. At little before o'clock Monday
evening the Seniors began to assemble at the
north building. each carrying a mysterious pail aud
bundle. Shortly after o'clock the procession formed,
bearing torches and robed in sepulchra garments OF
white After some marching and counter-marching II
halted near the old pine on tho campus, where
platform had been erected for tho speakers The
exercises consisted Of funeral orations over Psy-
choogy and Weisbach. a chapter on the intl-
mate relations existing between them, appropriate
The class supper which occurred mneulateN ullet sue
cremation could not be called complete success As Ia
excepting perhaps some specimen oi a
raphy the bill OF farcbut fraternity strlIc ana ptty
dscord were 700 mahlI,sL 10 ulom h, vy ,od SO' n
able evening. The prophecy "ollu nave inaue ~
model COcdgne article, ana tle responses 70
tho toasts were without exception poor; lne
prize Of the gold-herded canC-tO the most poP-
ular man-was awarded. after some spirited
ballo;ing 10 Mr. W. Bedhan Of Watkins On Tuesday. AZ
Q o'clock D. m the class formed IN lire nc the CniOh
House and marched over Liberty Hall where
the fret part the class day exercises were hell
k "a hole fhe exercises were well M 90 the standard
hill The singing the best that has been heard ioT
years on any similar occasion Deserving OF spec's'
W. smith; the class history by w. Beahan,
aud the ivy oratOn, by A. G. Wakey. iIe class
pipe il an elegant meerschaumoi appropriate S1e' WhSm en-
a. expected % be transmitted ron class 70 class 70 Dt
smoked only these recurring occasions. ON the DOW
IA carved monogram OF tho letters q. u ana the
silver hand bears the inscription, Presented Oy the
Tbe Paccalaureate sermon was delivered Sunday
afternoon by the Rev. DR. H. ". Bellows OF New York,
Strength" It excellent production, and peti-
on has been circulated among the class 70 nave puo
New-York tribune., 1878-06-21
phenson treasurer, Charles R. Brush. register, Pro

Stephenson; treasurer Charles R. Brush register Pro-
fessOr Baird. ,..
The Rev DR. Francis n Ilbriskie, OF the Congrega-
topa Church at WOllastOn Heights Boston, spoke
briefly on college Life itg Potency and Promise.
After few pleasant remarks on OLD college gays 10
smoke OF the great needs OF this country. The FIRST he
Thought was an arstOcracy Of culture. second need
was spirit OF retirement In other words, more r.
Aectiye habit This last be believed, best fixed by
college course with its methods OF intellectual COM
a habits had been plainly shown Gy the proceedngs OF
The last Congress The deficiency could be traced TO the
common school system which furnished lhst enough
learning not 10 reveal 10 IT'S uOsscssOr his own Ignorance
10 was to colleges and institutions OF higher learning
Dr. Zabrse thought the country must ooE Ior inc
satisfaction OF its needs. go
The alumni afterward went TO the law library room
where collation. had been prepared Thefe muoh NOR
fment aud some brief afterdnner speeches were en-
loved.
New-York tribune., 1878-06-21
CALENDARS THIS DAY.

SUPREME CoURr-C -CHAMBERs-POtter J-Nos CO. 81 lO3
ia 1877, 100, l62 l75 l7G, IA, 1888. l65, 1885, 1873
srEelAL IEpl-D -Donoh9e J-Nos 5I9 ass 90 $50 90 l95
52i, 5Z5, 576, 2lb. 533.
CiRCUlT-PARr Ivan Brunt J.-short Causes-Nos 352l
$3.50 Sa2 5OSI 222s 326l $780, 1861, $500 5000 5252
PART u-Yan Worst, J.-shOrt Causes-NOs. 1892, 3593
245l 337l 229t 8i72 55S7 Sl24 $3.50 3272 3376 3500
363S. 3b36 3J58, 3032 35O7, 34li 86lS, 2609.
PART lllBarretL JSh0r CausosNos. 1851, 364O, 2569
1902, 847O.
sUfEmoR CoUgT- SPECIAL TEBI-sedgwick, J.-Demurrer
NO. {. Issue OF iaCt--NO 90,
TmAL TERA-PARr I-saniorL J.Nos. 300 7l5, sis, 1863
bb4 44b l43 i49 2B3 SUb, 44B $3.50. 673, 1885, 1901.
PART IfCurt. O. JHos. s36, 3l3 800 1905, 1e7, 77S,
Pilf Freedman J.-NOs 0iS 9oI 1926. O9l 500,
New-York tribune., 1878-06-21

Tn one of the neighboring cities Of New
Jersey n family was seated at dinner, when the door.
bell was rung. Bridget sent to the door II was
noficed that She held long pareying and 1t was sur
missed consequently that there some element Of IN
certainty in the interview On the return OF the servant
tho MASTER OF the house said Well, Bridget. who
iti TO which Bridget replied with all the uDsuspectng
sincerity of her " IL was gentleman, slr looking
for the UrOng hOaSe."-l HarpePh Magazine
New-York tribune., 1878-06-21
ACCUSED OF sWNDLNG A CLIENT.

The trial of Louis +. TherassOn was set
down for yesterday before Judge Barrett in the Court
OF oyer and Turminer. He is lawyer, and, it Ia al
legged got from his client Mrs Zabrske by false repre-
sentations satisfaction piece Of mortgage on church
property Harlem and got the principal Of the mort
gage couceang from his client the fact that IL was
UnId lie is indicted under the Mock Auction Act,
which makes the obtaining OF property by trick ana de-
"a long argument 20 Quash the indictment was made D}
the prisoners counsel, William A. Beach ana eXJuOge
Brdseye on the ground that the representations alleged
were representations OF fact but promises for the
future aud that the signature 10 satisfaction piece
was not property within the meaning Of the act under
which the Indictment was formed. Dlstrct-AttOruey
Phelps replied and Judge Barrett reserved his decision