The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-08
THE COURTS.
Important Decision Regarding the
Statute of Limitations.
Hunting Guns Of Napoleon Ill. as Co'lat-
eral for Board.

Some time ago Joscph Guillotel brought suit against
the city 70 $4,000 damages for injuries re-
cevcd in 1873 by falling the sidewalk IN Bieeckcr
street the same being out OF repair. Tho case was
brought trial before Juuge Van Hoesen IN the Court
OF Common Pleas and the jury gave verdict for the
plaintiff FOR $500. Upon agreement between counsel
judgment suspended by the Court pending q mo-
tion Tor a retral on the ground that the suit was
barred by the statute OF limitations The INJURY com
piained OF occurred the 18Th OF March, 1873. at
which time the Code provided that injuries to the
person might be brought within years after the
cause OF ACTION accrued The painful ud not bring his
action until April 7, 1871 Before the suit was begun
and IN May 1876, the Legislature amended tho Code
by enoctng that actions for injuries to the person
should DC brought within one year after the cause OF
action accrued Thls was PERIOD Of Limitation
when the suit was commenced on The 22d Of May,
1877 the period OF limitation was changed TO three
years The defendant. however, pleaded nc year
limitation whicn was in force when The action
begun. The sole question brought UP on the
motion whether Tie action was
barred by the one year limitation enacted IN
1876. judge Van Hoescn holds in decision
rendered yesterday That the Legislature has right to
pass statute winch shall operate rcirospectivey ana
sweep away any right OF acton arising irou q tort,
Of limitation, he says does not change The obligations
81 contract when IS merely applied 70 the rcmeas.
ghc amendment Of 1876 virtually destroyed The PLAN
TINS right IL only gave him one month
ana iour days within which 10 BRING MS SUIT and TINS
tie Judp. thinks was unn cessaiiy short,
acton was On contract the defence DO ruled
But as mis- suit Is Tor tort holds
Tor the defendant. Mr. John A. Foster appeared Tor
The plainlr ana Dir. Miller Tor the city.
CALIFORNIA GEORGE" CONVICTED.
rho trial OF George Wey man. alias "Caliiornia
GEORGE Tor the killing OF William J. Gould by STAB
wound in sowcry saloon the morning OF the I'd OF
January last resumed yesterday before Judge Gil
dcrslccvc Part H. OF the Court Of General Sessions
1t viii be remembered that in the struggle
which followed II conversation wrestling the do
ceased received the injury from the effects OF which
hc died. A witness called by the defence named
George Stewart, alias ''WeAtern George" who tesii-
nea that the morning III question he was in the
saloon when he met Gould VINO, persisting in wrost
ling with him, threw HIM the ground
and broke his ann Hc subsequently met Wcy-
man and told Of the occurrence. At
the close of the evidence, Mr. j K. Fellows summed
up behalf OF the prisoner, coptcnding that the CIR
rumsanccs entirely Justified the saobng de alluded
plso the contradictory character OF the testimony
Tor the prosecution, submitting that the statement OF
the witness who swore he called the attention Of The
police officer the iact mat he saw Weyman throwing
away he knife alter his arrest, was fatty coniradiced
by the police officer, who said nc iotpd u IN the
Bowery several hours utter. Hc argued that Gould
was the aggiessor IRON the beginning, and fearing
fatal consequences from ING struggle which ensucd,
Weymun wns compelled 10 defend himself. AssiD.ant
District Attorney Herring replied Tor the prosecution
clearer he said, o unJustlhabic homicide could
be presented lie conirasted the character Of tho
Witnesses produoed by the prosecution with those o
The defence and claimed that the weight OF testimony
should rest with tho former, among whom OF
the the Lambert tral he Insisted that The
Htabping cruel and cowardly and committed with
Dat the slightest provocaton Gould had merely taken
Wcyman by tho collar Ill friendly way, when tue lat
ter without cause plunged Tho KNIFE IN his abdomen
and lied. Under all tho circumstances Mr.. Herring
claimed that only verdict OF guilty oil the olence
charged the Indictment would satisfy the ends OF
Justice Judge Gdcrsiccvo then charged the jury,
pointing out the law bearing the After
brief absence tho jury returned verdict o. man
Slaughter the second degree, and motion OF
Colonel Fellows the prisoner was remandcd Tor sem
lence.
NAPOLEON'S GUNS AS COLLATERAL.
Eugene NJ. Demupas recently boarder OF Louis
Thering in this city, aud had his possession
hunting guns and cigar When lac concluded
to France no left these rticcs with 1hering
ms security Tor n board bill OF SIS 60 Within
past month Joseph Ginoris, iricnd OF ,ho iormcr
owner of articles, sailed upon rherng, offered 10
pay the S4s so and demanded possession 81 the prop-
cry. THIS refused, and SUIT vas thcrcupon
commenced tho Marine Court TO recover posse SsOn
property, order OF arrest issued against
the defendant, on the ground that he mad converted
Tue properly MS eva Use aud Was about To leave
Tor Europe Before Judge McAdam, III Chambers
OF the court YESTERDAY motion WIS fnudc
beh ~ OF defendant yacac the order OF
The plaintiff had liked tho value oil tho property At
$500, but defendant would only admit tnht II was
worth $40 Seques, VINO says that liza has boon Tor
the past tour years captain OF The Royal Admins
runs that were used by the Spanish army, asserts
The value ot the guns TO be at least $780, and that
ILcy have acquired additional Value by TACT tuat
they owuc1 by thc late Emperor Napoleon
Ill The Judge reserved his decision Oh the motion
TO vGcate the order OF arrest.