The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17

ham B. Freeman and Joseph Levy. for arson in the
first degree. appeared in Part Of the Court Of Gen.
era Sessions yesterday and had the of his client
set down for next Tuesday for trial.
The trial in the contest of the will of the late Ed
ward K Collins founder of the Collins line Of steam
ships. was to have begun yesterday in the Surro-
gates Court but was finally adjourned until next
June. The will probated on the 10th of March.
1875 and is contested by John Collins the eldest son
of the deceased who alleges that the will probated is
not the last will of the testator.
In the suit brought by Alexander Stewart and
others against Mrs. Alexander L. Stewart, Henry Hill
ton and others the order Of Judge Westbrook subst
tuting Ira Shaer counsel for the plaintiffs instead
of s. f. Knceland and transmitting the papers to the
General Term received yesterday and duly fled.
The case will probably come up for argument during
the present session of the General Term.
There was argued yesterday, in the Supreme Court.
General Term. the old suit brought by the city
against the Broadway and Seventh Avenue Railroad
Company to $50 license for each car run by
the company. The case came up on appeal from the
judgment against the city at the trial and the result
is important as affecting other city railroad COM
panies. The Court took the papers, reserving de-
cision
writ of certiorari granted yesterday by Judge
Barrett review the action of the Board OF Excise
Commissioners revoking the licenses given to John
Fiynn was for William McGlory's place, No. 1903
Bowery. and that to Coyle for Owen Geoghegans old
place, No. l05 Bowery 1t is claimed that the Licenses
members.
In petition submitted yesterday to Judge Barrett
Mrs. Mary Pleuss alleges that Emile Wegener, a boy
nine years old, committed to the New York Ju-
venile Asylum by Mrs. Sophia 1. Soltan, claiming to
ther that the father of the child is now in Europe
that its mother died on the 10th OF last December
after exactng from her and her husband who is
brother of the deceased, promise that they would
take of the child On application of Mr. Gustav
Wegener Judge Barrett yesterday granted writ of
habeas corpus, returnable this morning.
In the sut brought by George Il. Merrill for the
construction of the will of Mrs. Caroline Merrill and
the validity of the claim OF Cardinal McCloskey as
legatee under the WILL there argument yester
day before Judge Barrett in Supreme Court, Cham.
beers, on an order to show cause why the plaintiff.
who is nonresident, should not file additional Sc
curity for COSTS The amount of security already
given $780, and it is sought to raise this to $4,000
Isaac Wood as the assignee Of Mrs. Elizabeth w.
Garrett has brought suit against John Mob. David
to recover $1,000 with interest from January l,
1873 The original claimant i'll the case was Thomas
G. Fields, and the offset Is money alleged to have
been loaned by the defendant to Fields Judge Bar
rett yesterday granted order directing commits
sion to issue to Mr.. A. Branchaud, lawyer at Mon
treal to examine Mr.. Fields whose present residence
is designated as est Andrews, Province of Quebec,
Canada" The suit has been for some time pending
before William A. Pritchard appointed referee IN the
case.
the Metropolitan Life Insurance Company was yes
terday argued before the General Term Of the SUI
Court policy of TOR
husband by the Hildise Bund agent for the Metro
politan company. 1t is alleged that Simon Mansbach
had drawn large sums OF money from the relief
fund, and that in October 1876, the Hildise Bund
discovered that he had made false representations in
his application and at once cancelled the policy.
This suit thereupon brought to compel the com.
pany restore the policy to Its original force and
effect, and, the trial had in May, 1877, Judgment
was given for the plaintiff. The appeal besides the
main question, involved the consideration OF a tech
nca question of the tender Of premiums. on which
the Court reserved its decision. Mr. Charles Strauss
appeared for the plaintiff, and Arnoux, Ritch &
WOodford for the defendant.
suit brought by Henrietta O'Hagan against sgd
ney Dillon, Clyde Co., to recover $4,000 damages
for falling into the excavation on Fourth avenue and
Sixty-second street. on the evening of the 4th of
July, 1874 has been brought to trial. before Judge
Freedman, in Part l of the Superior Court. The
plaintiff claims that while on her way home on that
evening she and her husband fell into the excavation
In consequence OF there being neither guards, fence
nor of any kind to passengers of danger
of the excavation, which then being made by the
defendants, under contract with the Harlem Rail-
road Company in pursuance of act of the Legisla-
ture The defendants admit that the plaintiff fell in
and was injured, but claim that there was both
fence and proper lights to warn all parties OF the
danger Of the place. and that the result OF the acct
dent was not their fault but that of the plaintiff and
her husband. Messrs Lord and Lyddy appear for
the plaintiff ard Mr.. THAN for the defendants.
West India negro named stephen A. Smith, who
was a runner for the sailors bearing house kept by
George Thompson at No. Catharine lane, claimed
that he missed $40 and complained that two colored
seamen named Joseph Clay and Abraham Bray had
stolen it. The accusation led to blows, and in the
melee which ensued Smith drew o knife and stabbed
Clay and Bray in the shoulders and neck, infcting
wounds. Two indictments were found against
him for feionious assault and his trial in Part of
the Court of General Sessions yesterday resulted in
his conviction. Judge Gildersleeve sentenced him to
i've years in the State Prison. Joseph Iennox,
another sailer who stabbed Henry Smith on Christ
mas Day in the head, pleaded guilty and said in
tenuation, that the complainant had set dog upon
him. Judge Gildersleeve inflicted the mitigated
penalty of one year in the Penitentiary.