The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-07
THE COURTS.
Superior Court. General Term,
Decisions.
THE GOULD HOMICIDE.
Liability OF Trustees OF Savings
Banks.

The General Term of the Superior Court yesterday
rendered . number OF decisions on appeals argued
during tho last term Among others OF importance
was one In the suit OF Rose Mcdonald who, as ad-
ministratrix OF her husband, brought soft against
Charles II. Mallory and others, owners OF the Inflated
City OF Waco. Tho plaintiff in her complaint, states
that The defendants in violation OF section 4472 OF
the United States Revised Statutes loaded the
with 800 cascs OF crude petroleum When the vessel
reached tho Gulf OF Mexico fire broke out and the
petroleum finally becoming Ignited, tho vessel was
completely destroyed and all board, including
her husband, who was employed as fireman,
were lost She charges that tho fire was the ro-
suit OF defendants negligence, and brought this
suit to $100 900 damages The defendants de-
INJURED to the complaint the ground that sufficient
facts not stated 10 constitute action,
ana the demurrer was sustained on the ground that
tho statute referred to had NO operation vessel
on the high seas From this judgment an appeal was
taken and the General Torn, Judge Scdgwtck writing
The opinion arms The order OF tho :. Goars below,
the Court In the case OF tho sun Printing
and Publishing Association against tho Tn
buns ASSOCIATION. II would seem that tho
plaintiff allowed employees OF tho defendant, who
sxcavating tho adjoining premises TO enter the Sun
Building in order enable thcm TO obtain convenient
access Ia the wall for the purpose OF snoring it up
and supporting by proper foundations Then it was
Eary to temporarily remove certain machinery be-
longing to the San This was done at the request OF
10 tho Sun ASSOCIATION OF about $500 Tho
Tribune Association having refused to pay this
in the Superior Court The Tribune ofacials appealed
claiming that tho license to premises for
sne 20" 2. suppofnns inc wall was
lore plaintiff should remove It at its OK
psnse. The General Term yesterday affirmed the
Judgment, Judge Sanford giving tho opinion, holding
that tho evidence would have warranted larger
oovery William Bartlett appeared for plaintiff and
y. A. Runkle for defendant
TRIAL OF CALIFORNIA GEORGE"
Part Of the Court Of General Sessions was crowded
yesterday by attentive throDg the occasion being
tho trial before Judge Gildcrsloeve oi George Woy-
man, alias California George, for the killing Of William
J. Gould in tho saloon of John Opp. No. 81 Bowery
on the morning OF the I'd OF January last Tho
prosecution was represented by Assistant District
Attorney Herring the prisoner bong defended by
John X. Fellows and exJudge KOCH Coroner Volt
man, who took the ante statement OF the de-
ceased, and Deputy Coroner Cushman. who made tho
autopsy wero the first witnesses examined. Webster
Lsbeauvoau testified that he was with the
deceased on tho night in question:; he had
been selling tickets at tho Theatre Comique
and after making some calls they visited Opp's; It was
the occasion Of Goud's birthday and he invited
eral friends 10 drink; thoy oil sat down at table;
shortly ansrward the prisoner In and with
friends Joined the party; the conversation turned
on tho subject OF wrestling; Opp remarked that there
was man named Brady who could throw Could. the
latter urging. however, that no himself could throw
any man on the bOweTy; Weyman began 10 "chaH"
Gould, telling him he could not wreso at all and tnat
he (Weyman) had Gvcyear-old boy who
could throw HIM; Gould rctortod tnat ne
could throw Woyman and the boy together,
ut the same time taking hold OF the lapel OF Wcy-
mans coat: Weyman and both men moved
toward the bar; there werc angry words spoken
Almost immediately Gould staggered back, axcalming
that lie had been cut; Weynan lett the saloon, but
was folio xed and arrcsted on the way back 10 tho
saloon The prisoner threw away the knife; witness
called the otcers attention TO and he PICKED up
Wancc Honnton corroborated the statement of The
previous witness to tho effect that there been
quarrel before tho siab0iDg took place aud that
the knife from Weymuns hand. John Opp also testi-
he'd NJ 10 the occurrence stang thai when no
ored 70 separate the men he shipped floor and
fell Officer Leary also examined ana stated that
ho arrested eyman at the instance OF Lebcauvoau,
but on taking the prisoner back 10 tho saloon the
parties there all denied that stabblng mad taken
place. The officer urther stated that the Lo
beauveau had not called his attention 10 the fact thai
prisoner had thrown away any knife. For tho defence
James McHenry, tho barkeepor OF tho saloon, testified
that when Could and Wcyman stood up the latter
doavored TO get away, but could not, Gould Io |
lowed and held him. Dr. Bernard Steinhardt, who |
happened 70 be In the PRIOR gong homo,
titled that he hoard tho deceased apply certain cpl
thes 10 tho prisoner IL contendcd the Of tho
defence that Could tho aggressor that, under
the circumstances, tho prisoner Justified using
knife Ihs trial will DO resumed to-day.