The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-19
WANT OF FILIAL REGARD.


fore Judge Freedman at Special Term OF the Superior
Court in which Mary Z. Luckey and several others,
children of Ann NJ Odell. were plaintiffs and their
mother, defendant brought to set aside conveyance
made by the Sheriff to the defendant, In November
1864 action Of foreclosure The plaintiffs
claimed that the property In question, consisting OF
two houses aud lots this city, had, several years
prior thereto been purch by their father James
n. Ode, and of which property he died seized in
January, 1894 That upon his death their mother be-
came guardian "in soccage;" that, us such guardian
prohibited by statute from purchasing at the
sale IN iorsclosurs IN November !soa ana ina. nav.
qui" trusts, by force OF their mothers relation aud
Ms guardian 'an soccage." II was also claimed
that the mortgage was caused to be lore
ing she title IN the defendant MRS. Odel claimed
the trial that the consideration Tor the purchase
OF the property by her husband advanced by her,
he stating the time the property to be taken In
the Of both, which she supposed had been done,
In which have entitled take the
entire property on his death SURVIVOR and that at
the foreclosure sale question she purchased the
property with her own money In good faith aud de-
niea all the allegations OF COLLISION. The trial
concluded by Judge Freedman binding upon all the
facls in favor OF tho dsfenuant and dsmissing the
plaintiffs complaint, remarkipg at the time that he
was somewhat shocked NJ the want OF hiial regard
manifested the trial by the children for their pa
rents, and he sincerely hoped that their children
would never IN similar manner turn against them In
their declining years. Messrs Culver and Wright rep
resented the plaintids Mr. George W. McAaam the
defendant
APPEALS IN CRIMINAL CASES.
There was quito nela day In the General Term yes.
terday for the disposition OF criminal cases. The
most important question arising that In tho
ter OF Frederick Levy, who was, the 7th Of last
June, Of stealing watch, chain and diamond
ring, and sentenced TO the State Prison for five years
by Judge Sutherland. The prisoners counsel, Mr..
william +. Howe moved Tor a reversal Of the convic
the grounds that the Court refused to charge
the jury that the door OF the room from where
property stolen open Tor ten minutes during
the day. any person other Than Levy could have per-
petrated the felony, and that hearsay evidence
admitted the trial which irrelevant preju-
dicial to the prisoner. District Attorney Phelps IN.
sisted on SUSTAINING the CONVICTION, which he con-
tended was proper anu just The Court reserved It's
decision.
The appeal by certiorari In the OF Loring N.
Black, committed 10 the Penitent,ary Tor one year
aud fined $3.50 by Judge Gidersieevc the Court OF
General Sessions confession OF having his pos
session gambling implements was also argued at con-
siderable length, Mr.. John o. scott representing
Black and District Attorney Phelps being opposed.
The Court TOOK the papers
The case OF William Font and Joseph Pool, two
young who were convicted OF murder in the
ond degree and sentenced to State Prison ior lie,
i ysssraay 10 , enable me,r counsel Mr.
ing the Court OF General Sessions TO settle the bill Of
exceptions
CITY RAILROAD MULCTED.
In Marine Court, Part 2, held by Judge Goepp,
verdict reached yesterday In a suit brought by
Wolf Kaufman against the Dry Dock, East Broad
way and Battery Railroad Company. The plaintiff IL
a German, sixty years Of age, deaf post, and
sted considerable amusement in court, the judge
who acted as interpreter, was compelled 10 speak
through q long rubber tube held by the witness. Hs
that the 9th Of May, 1876 he hailed OF
the defendants the southwest Of vescy
aud Greenwe streets, that the driver beckoned him
to come TO the north west corner which he says he
did, that ne had roll OF butter and an umbrella
uuder his left arm, and rs ne seized tho iron bar
at the end OF the rear platform with his right hand
the car started before he was the platform, and
that he was dragged In the mud, thrown Oh his head
and sustained fracture oil the shoulder. he sought
to recover s., 900 damages In company with two OF
the passengers ne made complaint at the Office oil the
company, Dut says he could get redress The COM
pany's defence was that his negligence contri-
bu,ed 10 the injury. novel feature OF the
the exhibition OF miniature railroad car by means OF
which tie various witnesses testified TO the occur
renee. The jury rendered verdict Tor the plaintiff
for 5000 and costs Messrs George F. and J. y. Lang
BEN appeared for the plaintiff and Messrs. Scribnsr
d Robinson tor the railroad company