The New York herald., 1878-03-29
NEW YORK HERALD FRIDAY MARCH 30 l87s.-TRIPLE

cation yesterday Judse 1svrsuoe Zoe the sequstrs
eraph Company aud apyoln,ms1i si rsssNer Tssy
stste 10 their petition that execution apGn Juig-
men, obtained by them IN the suprtms cosf, Tor
ST. s2o 30 against the company rsisfnsd unsatis
ned, aud hence tue present application. Jadse Las
matter he should require an apdertssiuE
rhe suit against the city before Judge Potter
the l. Brown contra, tor rssula,.ns sraeirs .nt
streci was summed up YESTERDAY 10y counsel and gwen
TO the jury instead Of being required 20 fise
a general verdict they called upon 10 answer
specific question: winch are m substsLcs .--Frst-
Did tho Contract Commissioners rescn a deeisioa
the contract within the ninoiy days 10 Which Their
powers lim, ted and srcond--Was the contract
substantially performed On tue ,hlrd allegation OF
fraud the defendants case broke down by Iseeis
iusing 10 testify and evidence that regard Mas
putin. The jury was ordered 10 bring IN sealed
Recently Lesley +. Weston brought a SUIT against
the New York Elevated Railroad Company 10 recover
S2S 900 damages Tor injures sustained sy slipping ou
the platform and brcakn us leg, which laid him up
for several months. The Jury on the trial foaad in
his favor Tor $4,000. and this judgment vas affirmed
by the superior Court, General Term .ur,hcr APP
pcn taken TO the Court OF Appeals aud the
painun was again successful The romittiiur yes.
Ierday filed in the Superior Court clerks Office
william H. Martin some time ago brousht suit
against tho Windsor Hotel Company ior s5l, 200 tor
legal services Ih supplementary proceedings IN
brought by ujudgmen, creditor Mr. William Ii Clark
was appointed receiver Of Mr. Martiu's property In
ciuiing Whatever OF possible or probable properly
there might bc IN his suit against the hote
Upon the basis Of this appointments Mr. Clark yes
terduy applied 10 Judge Lawrence ior 10
contiuuc The suit as receiver Tho apple ,tion
granted
In ihs further trial Yesterday OF John A. Grow tho
lawyer, before Judge Benedict IN tho criminal branch
Ot the United States Circuit Court. the ony witness
Of Importance was Mr.. Edward K,mball, VINO teslined
that he did not Introduce Giidersiecve TO Grow. On
cross-examination by Assistant District Attorney
Fioro he admn ted that he had been In commun nca-
ton with Grow Washington and In this city during
the last tow weeks. He also knew that n bench war
rant had been issued tor his arrest In this case,
that deputy marshal had been looking Tor MN,
thai he had not boon able to nnd him Kmoal
wus ut once taken into custody. NJ. l.. Post com
merced summing up Tor the defence, alter which tho
Court adjourned until this morning.
Mr. Charles B. Ferrin, propr rietor OF the Westmin-
ser HOTEL brought SUIT against tho executors OF The
MIN tor the board OF Frank q. Nesmith. Mr. Homer
A. Nelson, 10 whom tho matter was referred sub
mitted his report yesterday setting forth that tho ev
dcnce proved that the bill paid during the hfo-
time OF Mr. John p. Nosmth. Upon this report tho
complaint dismissed.
suit was very long ago brought In the Su.
premc Court by tho city OF Chicago Adler
Ellis Abbott Crosby and Samuel J. Walker SURVIVORS
OF George Taylor trustee upon 5000 900 bond given
Davu A. Gage Treasurer of Chicago OF whose
facation some TOUR years ago tho present SUIT was
brought. Mr. Crosby defended the suit and obtained
IN extension OF timo TO answer. judgment yes
terday entered against him, on the ground that tho
time TO answer had expired ana no answer had boon
put IN. Subsequently II was stated that there an
orror In making the entry.
COURT CALENDARS-THIS DAY.
SUPREME CoURr-CnAMBERs-Hed by Judge Law.
rcnce-Nos bS, 49, l0l, 121 267 267, 271, 273, 2S4,
285, 1856 2S7.
at hall past ten A. NJ.
sUpksME Counr-spKciAL TRRx-Hcld by Judge Van
Brunt No day calendar
SUPREME RCoCRT-CIECUIT-Part l,-Adlournod until
Monday next. Par, 2-Hod by Judge Potter-Snort
causes-Nos 1881. 27s7 2s2e. 1855. slls 2901 800.
3OO2 1922. Part 3-Held by Judge Donohue. Short
causos-Nos 4041, 2777, l775 sIl2. sl44 sl4s 25sl,
2a47 2e3o 246o 3oS2 2i6l sosa, soae, so9o, Slloa,
sUpERloR LoUer-GENERAL TERN. Adjourned for
srrvpYou Coupr-spxci.r Trpv-uald hv JuSyo
Freedman.- -No'day caiondar.
SUPERIOR couRr-rRIAL TERM-Part Hold by
ll7b, 97s, lll5, il76, 9O3 Parts and 3-Adourned
for the torn.
COMMON PLRAs-GExxRAL TgRM, and COMMON
PLEAs--EQuIrY rERM.-Adjourned Tor the term.
COMMON pLEAs-CHAMDERs-Held BY Judge Larre-
more No day calondar.
COMMON PLKAs-TRIAL TERM-Parts l and I'D.
jOurncu Tor tue term.
MARNE CoURr-IRIAL TxRx-Parts 2 and a-Ad.
CouRr OF GENERAL sEssloxs--Part Held by Re-
| corder HacgetL-Ihe People vs. Peter Zlnx, grand
larceny tc0ntnued) fNOTICR R-With the exception OF
the petit jurors engaged IN TINS case the Others
discharged Tor the term, Part Adjourned Tor tho
torn.
| CoURr OYER AND TERMINRR-Held by Judge
Daniels. People vs. Charles W. II. Hinckon Au-
gustus Starboro and Edgar Slauson. homicide
UNITED STATES SUPREME COURT.
WASHINGTON. March ~. 1878.
No, 5l6. Arthur, Collector, &c VI. zimmorman--
Error tho Circuit Court the southern District OF
New York.-rho question IN this case Is whether
ssbratds or trimmings made OF cotton and used for
making o. orDamcnting hats or bonnets, and known
hat brads In commerce are to duties cotton
braids under tho act OF 1854 hirty-nve per ad
valorem) or only thirty per cent undcr the act OF
1862 as braids used Tor making ornamentng hats"
Tho Collector charged the former, but the Court be-
low sustained the importer In tho poaition that II
should have boon the latter ratc and this ruling s
"a
that the act OF 1854 intended to all cotton
goods and that tho words mot otherwise provided
Tor" were Intended to mean not otherwise provided
for by that acI and had no referonce to the pro.
visions tho ACT oil 1862 invoked by tho Court be-
low. Assistant Attorney General Smith for the gov
ornnent; II. f. Davies, Jr., Tor defendant
No 5l8 Arthur, Collector, &c, vs. sussAcd, OF al
Error tho Crcuit Court the southern Dstrct Of
New YorgTno iss ue 10 this case Is the proper cuss
location Tor duty stcei-bowed spcctaces. The Col
ector asscssed them at ortynvo per cent as ''manu
factures Of sLcc, or OF which steol shall be CON-
poncnt part, - not otherwise provided for under tho
act OF 1864 Tho importers insisted that thoy came
In as ''manuiacturos OF STEEL with glass as compo-
nent part, under another section OF the act
iorty por cent. Tho Court 50 ruod aud II u here
guod that IN such u caso whore the article has
complete description In either SoCtion IL Will be held
10 DC non-enu mcra,od article, and as such be SUB
Jcctod to the payment oil tho rate charged on the
article which u ,esemole. paying tno Highest duty.
Assistant Attorney Gonera smith Tor tho govern
meni; Edward Hartiy ior defendants
No. o0s. Arthur Va Stephan aud anotber-Error
10 circuit Court for tho southern District OF New
rork.-Ihs was AN importation OF chocolate In half
pound boxes, containing tnree dozen 'bricks" oach,
each brick being done up IN papor separately. IL
under tho act OF 1854 bcng valued above
thirty cents ponnd ut hity per cent nd vaiorcm as
oncctionory The I'M pOrters and tho Court were OF
the opinion that should have boon asscsscd at 0ve
cents pound only, IN chocolate simply, undcr tho
OF 1872 IL ~ here conicndod that this Was
lection, and 20 sold and uscd anu 30 known to the
Dealers and that tho Court orrcd holding II to DO
chocolate. Assistant Attorney Gonoral Smith for tho
government; Edward Hartley ior defendants
No. 900. Arthur, Collector &c, va. Unkart anu
anoher-Error TO tho Circuit Court TOR the Southern
District OF New YUrx--rho importation IN this case
'sik plated Gloves" upon which sixty pcr cont
duty imposed under the act OF 1864 as manulac-
turcs OF sk, or OF which silk is the chief valuo."
ne I'm nportcTs claimed that they should have boen
assessed under another section Of tho samo act as
manufactures sol which cotton s tho chis valuc."
Tho Court sustained tins vicw which mndo tho goods
autaDs at thirty hve per cent Tho Court Instructed
ths Jury this case, tho question turning upon
tho chici value OF tho gloves, whether OF silk
ton, the burden OF proof was upon the Collector TO
show that tho goods were WITHIN tho schedule at