The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-03

down at it. AMI then quickly looking up and at coun.
sci with twinkle n MS dark eyes, "some people dsy
tay go 10 de diuble, - responded John.
"oh, you are sale IRON tnats" SAID counsel.
"Beecher has done away with the devil"
EudeavoriDg 10 6riug responsibility still nearer
home 10 tho Mougolan conscience counsel asked the
witness II. be knew that he would Ue punished in
State Prison II he testified 10 lie.
The answer was, ~ don't know; never was there"
Here tue Court took the witness IN hand aud in-
structed MIN mat II he testified alssiy would Ue
punished In State Prison, and the witness tnoreupon
promised 10 tell 'ahs truth, The whole truth and
The truth, It came from him was that he did sx.
press sympathy with tue beaten boy aud said
be would tell the captain, but lie only tod
the cap,ain's VIE and mad knowledge il she
had informed her other halt. rms was ali ne had TO
say on the subject OF the litigation but MS LIE WAS de-
scsnding IRON the witn'ss saud II was suddenly re-
collected that In the anxiety oil all parties 10 discover
the CunamAn's rehRion and MS res.ect Tor an oatn
on The Cnristian's Bible they had forgotten 10 ask
MIN his name simultaneously botn counsel de-
mandeu hs name.
.'Jonn Iyson,r was the prompt reply But what
is your Chinese uamsfn continued counsel Tor tue
defendant sry Siu; allie 81 me 90, the response
Of me witness as, win Mencau mans clothes, light
step and Intelligent countenance, ne tripped his way
10 The audience beaches
Tue Juase reserved his decision until tomorrow,
when another case against LIE same captain, Ihvov.
ing The now grave and popular "bread aud water"
question, win be called Tor trial
A LEGACY OF JANIS FISK, JR.
Judge Brady gave the following decision yesterday
in the case Of Emily Morris, executrix, ana Felix
line f. Norris This was matter arising out OF legal
proceedings TO recover about $4,000, which was
held by the Sheriff, under writ oil attachment, and
which, it was claimed BY the plaintiffs, was due 70
them, and was part Of moneys paid during the liie-
time oil The lae james FISK, Jr, IN The years 1865 TO
1871 to the defendant when she Caroline Y. Ost-
heine:-
The affidavit In which the attachment was granted
by Judge Uon0hue ~ insufficient 10 sustain "A. The
An ihuL a MAN rAsp rad nr
Of the paintn testatrx, $4,000 but The allegations
rest on Information au belief, The only source OIL
Information uiscosed being mat derived IRON having
seen IN the hg0dwritng oi SAID ueendant written
aIKn0weugments o. Inc receipt by ner ol large part
OF Inc SUN named lor ths use oi The said testatrx
TINS not evidence OF any existing Indebtedness IL
may be the ueieudanL dlu receive money 10 the
use OF Inc teslaLrlx, nut u may also Ue That IT
appropriated IN tho manner directed or
10 the use ana purpose Intended Aside from that
Clam Is or $7u,OOO anu Inc papers seen ny QUO
vi The plaintins reiate UnIy 10 u part OF tho sum
claimed. The evidence 0I the debt snould De Deyoud
dvuut on the pianius papers 70 warrant an attach
msn The additional papers are rejected because the
original application is assailcu tor nsuhciency anu
ny auavts IN opposition 10 tue s.ateent therein
contained When Tue application Is thus made the
proceeding rests upon the proof gwen IN the rst H.
Stance. (C0ue, 6Sa l nave gwen this Case much
consIderdonPanu nave arrived al these CONCLUSIONS
af..r mucn refecti0n ana exAminatioh. the motion
Is therefore granted ana an Huer ~ DO settled on
days notice.
A