The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-13
THE COURTS.
The Indictment Against w.
X. Porter Quashed.
A CAR CONDUCTORS TRIUMPH
Abnormal Anxiety to Secure Large Houses
at the Theatres.

motion was made yesterday by Judge Often
hoefer in the of the United States against w. X.
Porter indicted for sending lottery circulars through
the mail in violation of section $50 of the Revised
Statutes. to quash the indictment on the ground
that it did not set forth the circular that
the Court could determine inspection that it
circular concerning lotteries Mr. Dittenhoefer said
that for aught that appeared the face OF the ndct
ment 1t might have been circular warning people
against the purchase Of lottery tickets circular
in reference to raae at church fair. He cited the
Of Hallenbeck The People. in 2 Alb
botts in which Judge westbrook in quash-
ing the indictment. held, indictment
for selling obscene matter, that though
the rule did not require that the records of the
should be polluted by spreading the obscene stuff
the records yet it was necessary to state In general
of the House Of Lords to the effect in Brad
laugh against the Queen. Bradlaugh having been in
dicted for publishing book on the Malthusian
Assistant District Attorney Butler cited in answer
some Maine and Massachusetts, and criticized
Bradlaugh against the Queen. Judge Benedict in
giving his decision said that while he yet pre-
pared to say that in sending obscene matter through
the mails he would go far Judge Westbrook yet
in this case there was no reason for falling to set p
the lottery circulars in the Indictment and therefore,
he granted the motion to quash the indictment With
this indictment fall many other indictments the
calendar in the Court
OONDOOlOuO.
There was commenced in Part OF the Marine
Court before Chief Justice Alker and jury. yeser
day. suit brought by Thomas Maher against the
East Broadway. Dry Dock and Battery Railroad Com
pany to recover $50. OF this sum $50 was deposited
with the company by the plaintiff At the time he
took service conductor with the company and the
50 was for wages due at the time he discharged.
The defence Of the company that by
agreement entered into by Maher at the
the $50 deposited If it should be found he
had by fraud, negligence or incapacity deprived
Would be that h hsS Sesn M
covered various half-trps of his car, various
days to run short from one to fares and that
thereby his balance Of pay and tho $50 deposit be-
forfeited liquidated damages to the COM
pany. Maher was tried in the Court Of General SEES
sons for embezzlement and acquitted, and this case
is practically retriAl Of the issue decided there.
Mr.. Douglas A. Leyien appeared as counsel for the
plaintiff and Mr.. John E. scribner for the defend
ant and, on motion Of the former, the Court decided
the defendant bound to prove sfirmatively that
plaintiff had violated his contract The is still
on trial.
SELLING BOGUS THEATRE TICKETS.
Some weeks ago Louis Ocrtricher. Of No. % Chat
ham street, bought what purpored to be two tickets
of admission to Gilmore's Garden. The applicant
was, however, refused admission. the tickets being
counterfcits. Detective Mcknight took into custody
the who sold the tickets while he engaged in
selling bogus tickets or admission to the BOwery
Theatre When arrested he represented himself as
John Monshan. of No. 133 Bowery. When first
arraigned before the Police Magistrate he admitted to
having been arrested previous occasion for sell
ing bogus tickets of admission to Waacks Theatre.
The prisoner arrsgncd for trial yesterday in the
Court Of General Sessions. and pleaded guilty to OBJ
tanning money under false pretences. He
fenced to the penientiary for the term Of six months
REV. MR. MCARTHY'S LIBEL SUIT.
Before Judge Van Brunt. holding Supreme Court.
Circuit there resumed yesterday the trial Of the
suit for libel brought by Rov. Charles P. Mccarthy
against Rev. Edwin c. Sweetser. The examination of
the plaintiff continued At great length in the
court in which he gave d detailed account Of his
clerical troubles In connection with the efforts to
permanently expel him from the New York State
Convention Of Universaliss upon charges preferred
by Mr. Swcetscr. which charges formed the basis of
the libel suit. After his examination several
members of the Third Universaist Blocker Street
Church gave their testimony on behalf Of the plain
tiff. After the prosecution had rested motion
made to dismiss the complaint which ensued
lengthy argument by the opposing counsel Judge
Van Brunt granted the motion. saying that there
no evidence that Mr. Sweetser had published the
charges except send them the State Convention
He held that both being members Of that corpora
ton Mr. Sweetser, under it's rules had right to pre-
fer his charges and that until such charges had been
sustained on trial the present action could not be
maintained, having been premsturely brought.