The New York herald., 1878-11-12


the case OF John and James Lounsberry. owners OF
the rendering hulk algonquin, At the foot of West
Thirty ninth street. who were indicted some months
ago for maintaining nuisance. DR.. Willard Parker
certified that at present NO nuisance exists III the To-
cality mentioned.
Mr. Dion Boucicault yesterday obtained from Judge
Donohue in Supreme Court, Chambers, peremptory
mandamus compelling the Department Of Public
Health to register the birth of his daughter, Eva.
which took place December 10. 1857 and his son. Dion
George, which took place on the 33d OF May. 1883.
DR. Cunning Bedford having been accoucheur. Mr..
Boncicault states in his petition that the registry
book irregularly kept.
Levi Parsons brought q suit in Supreme Court. Spe-
cial Term. against the Missouri. Kansas and Texas
carng him entitled to act director and to take
part in the proceedings of the company as SUCH He
also asked that the present directors be restrained
from acting such in this State. The matter came
up before Judge Van Brunt yesterday. when argu-
ment heard on demurrer to the complaint chiefly
the question Of jurisdiction The Judge sustained
the demurrer holding that the courts of this State
could not 30 into another determine the validity of
Francis Kernan was committed by Police Justice
Wande to the care OF the Commissioners OF Charities
and Correction for having abandoned his wife and
left her without adequate means OF support. Mr..
william f. Howe. his counsel secured writ OF habeas
corpus in behalf of the prisoner and applied for his
which Herman detained omitted the signature OF
the Judge who made the order of commitment.
Judge Lawrence coincided with this view and
dered the discharge of the prisoner.
The question whether the Judges assigned from the
Superior Court and Court OF Common Pleas to hold
special terms and circuits OF the Supreme Court have
power hold chambers and grant orders of arrest in
the Supreme Court. which argued at the October
term by Mr.. Theo. Sutro in favor OF such power and
Mr. j. o. Fay opposed. has been affirmed by the Gen.
eral Term o review by certiorari OF decision Of
Judge Donohue sustaining order of arrest granted
last August by Judge Van Brunt against J. Edward
Ireland. The judges OF the General Term hold that
a judge of the Court Of Common Peas-tin this case
Judge Van Bruntl-sa county judge within the mean
ing that used In section 556 of the Code Of
Civil Procedure They think that the question is sub
stantaly disposed Of by the Court of Appeals in the
matter Of Morgan 56 New York. 6a9). They affirm the
decision of Judge Donohue and quash the writ Of
tiorari. with costs
Richard Cahill who was committed and held to bail
in the Court Of Special Sessions charge of posting
bills the posts of the Metropolitan Elevated Rail-
road, obtained from Judge Lawrence yesterday writ
of habeas corpus and certiorari to have the matter
reviewed at General Term The principal question in
dispute is TO whether the Metropolitan Elevated
Railroad is natural structure within the meaning OF
Charles w. Pontez, policy clerk in the New York
Life Insurance Company. who was charged with com
pcity in the $64 forgery the Union Trust Com
pany, arraigned yesterday before Judge Suther-
land in Part of the Court OF General Sessions on
indictment for forgery based on the original
complaint. The accused, through his counsel. Mr..
guilty. He Was afterward released on $1,000 bail.
Samuel L. Sudow, of the Star Fire Insurance Com
pany. residing West Side avenue. between 1lsth
and IIsth streets and Mrs Emeline Ayng, of No. 314
East Fourteenth street. becoming his sureties.
Judge Sutherland issued order yesterday con-
frnling tile warrant Of police justice giving to the
Commissioners Charities and Correction power to
take possession of $50 deposited in the Bowery and
Blocker street savings banks by aFrench coneconer
named Bourgeois who, it was alleged. abandoned his
wife and children leaving them In destitute circu
stances. The order granted on the application
of Amalie Bourgeois the wife OF the aithless hus-
band Who under the decision of Judge Sutherland.
will receive $50 per month for her support from the
Commissioners of Charities and Correction, the
todian of her husbands money. The proceeding was
brought under old statute and the second OF the
kind brought i'll the Court of General Sessions.
On September 6 Officer Patrick Maguire. OF the
Eighth precinct noticed crowd of negroes acting in
. ctisorderly manner at the corner of Broome and
Thompson streets and endesvored to make an arrest
He placed his hands ON Henry Young. whereupon the
others upon him, disarIned him and beat him in
a brutal manner. The officer finally compelled
e. draw his revolver. and fred on his assailants,
wounding Young in the ear. Four of the negroes
No. IL Sullivan street: Robert Hoick alias Johnson
No. 10 West Thirteth street, and John Wales-were
subsequently arrested and indicted for fconious
sault. The officer seriously injured that he
confined TO his home for over . month. HILL
Young and Hock tried yesterday In Part of the
Court OF General Sessions, Wales having requested
separate trial. The prisoners found guilty OF
assault and battery and sentenced each to years
imprisonment in the Penitantary.
On the LIST inst, Mrs. Beacham. Of No. IL East
Twenty eighth street, discharged from her employ
ment a coiored waiter named Merritt Schuyler, who,
however retained latch key. and the following
nirht entered the house. He took brief doze
~ the lounges and on getting up made tour Of the
premises. lie entered the room OF fellow
want. named George Williams. and carried OF
covered his loss and reported to the police
that he had to suspect Schuyler,
who arrested by Detective Price. While convey
ing his prisoner TO the station house the detective
attacked by him, and in the effort to escape be
fired shots at his captor neither of which took
effect The officer disarmed him. and charges OF
grand larceny and felonious assault preferred
against him. The prisoner was arraigned yesterday
by Assistant District Attorney Rollins in Part of
Judge Sutherland sent him TO the State Prison for
six years.