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

The knights of the shotgun, known by virtue Of
legislative enactment the Society for tho Preserva
ton Of Game, have been unusually diligsnt recently
In enforcing the provisions Of their pet law prohibit
ing the sale OF game out OF season. Among those
prosecuted wore A. Il E. Robbins. the suit being
brought In the OF Clinton Gilbert, the present
president the soces and the charge being that
The LIST OF March, 1877, they possession and
Offering for sale game contrary to law In juno 1877,
alter the commencement of this suit, act was
passed creating and different penalty from that
imposed by the terms OF the oct under which the suit
was commenced. Whom tho suit brought to
trial before Judge McAdam, in tho Marine
Court, during the past month. Mr. Joseph Laroquo
who appeared for the Messrs Robbins, took the
yccton that the action could not DO maintained, be-
cause since its commencement tho fine or penalty 10
which II had been brought had been repealed
Judge McAdam reserved his decision and adjourned
tho case until yesterday. Two days ago, however,
plantn's counsel, Charles L. Whitehead having con.
Guided that tho decision must be adverse 10 him. Of
tered the other side to discontinue the suit without
costs. THIS Was refused by his opponent, and
suit was motion on behalf OF planlif, before Judge
Sinnot IN Chambers yesterday, Tor leave to discon-
tinus without payment OF costs. This was sIrenu.
ousiy resisted by Mr. Laroaue the part OF the de-
fenaants, he claiming that outside the question Of
law raised in the case, hts clients had good defence
tho acton; that they had great trouble
and ~xDense in defending the action aud alter
AZ ing therein tho plaintiff should not DO
PERM I'd TO discontinue without payment OF COSTS;
tnat IN this respect the plaintiffs society
titled 10 the same avor public prosecutor, us IL
suspected tho object OF the persons Interested In these
prosecutions their own peasure and The grutnca-
ton oil their love OF the chase rather than the pubic
intcrests II those SUITS were Instituted by the public
prosecutor The fines recovered would be devoted To
pubic charity, but whatever was recovered by this
society he knew OF no disposition DO made OF Is
OUTSIDE OF the lawyer and the spy. lie might per.
mittcd TO suppose case IN which the birds prosecuted
Tor were OH saloon table, wnlle under that table
were the legs OF the counsel and spy OF the
society, and then would follow prosecution
the proprietor having disposed OF
bird Two ho happened have lett over
= day attor the law went force. When therefore,
Mr.. Laroque further claimed business men were
forced into court by such and the plain
TINS defeated tbcro why the latter
should not indemnify the defendants tor their trouble
deoated party. Mr.. Whitehead insisted that the
purpose oil The society was laudablc one, aud should
be encouraged by the courts; that before decision
the mad been actually rendered he had become
satisfied That the point taken bcuai OF defendants
was we'll takon, and that he then declined TO put in
points on his side offered discontinue aud that
The Court should now allow hin, TO do without
Judge SinDott reserved has decision, when a
similar case against one Grassnuek Is also depending.
DUNCAN, SHERMAN & CO.'S AFFAIRS.
A motion vas made yesterday before Judge Dono.
hue. supreme Court, Cham oers that tho assignee
In bankruptcy of Duncan, Sherman & Co. should DO
made party defendant In three other SUITS brought
by Fieid 4 Deyo on behalf OF Julian n. Navarro and
Gardner u. Mercer, who are creditors, and who navo
Instituted the to transfer the real estate which
duncan, Sherman 4 Co. made TO Alexander Duncan,
on the ground that u tho allegations are
true the funds should 10 set aside as Strong as as
sIgnec mas a separate title thereto. Mr. Hornbow,
VINO made the motioD, SAID that the judgment credit
we're seeking 10 place all the assets o Duncan.
Sherman u Co. with recover OF tho preme Court
Those assets included real estate, personal properly
nights OF action and equitable interest, ana that
the personal property The Judgment creditors would
obtain no lien uhti hey nave mad appointed a re-
ceiver The Judge LOOK The papers anu reserved MS
decision.