The New York herald., 1879-11-07
THE COURTS.
Important General Term De-
cisions on Appeal.
THE GARDNER DIVORCE SUIT
Twenty Years in State Prison for
Highway Robbery.

Tho Supreme Court General Term. yesterday
handed down u number of decisions. Among them
was one important criminal case. In which the ap-
peliant, who was convicted Of murder In tho second
degree and sentenced to State Prison for life OBJ
tanned new trial. On the 23d Of January Lass
sailor. named Henry Madden. was cruelty murdered
in the house OF fame No. Ii Oliver street. by John
Smith, the proprietor. The deceased interfering
to save girl named Nellie whitbeck from Smiths
pistol which he attempted to discharge at the
deceased. A sailor comrade Of Madden succeeded in
taking the pistol from Smith thus for the time being
frustrating his murderous intent. Smith. however,.
not to be thwarted. went up stairs to his bedroom
thence taking o large fowling piece. with which
he proceeded to q yard back Of the barroom in
which Madden standing. and. through bssk
window at distance of twenty feet deliberately dis
charged the contents Of the gun at tho unfortunate
sailor. killing him on the spot. The case came on
for trial before Judge Cowing in March last and the
jury, after a long deiberation, brought in u ver-
diet Of murder in the second degree. Smith was
His counsel, Mr.. William F. Howe, who had during
the trial interposed many technical objections and
raised many legal qubbles to the rulings OF the
Court succeeded in obtaining stay of proceedings
and Smith. instead Of being sent to Sing Sing. was
kept in the Tombs until his which was brought
up by Mr.. Howe on writ Of error. should be deter
mined by the Supreme Court. The General Term
yesterday, rendered decision sustaining Mr.
reVer5eu
asmuch as the witnesses have now departed
to parts unknown the effect of this decision
will probably be to restore the prisoner to liberty
One of the most important decisions rendered
by the Court that in the case OF Titus B. FL
drdge attorneyat in this city. against whom
charges preferred before the General Term for
alleged subornation of perjury in the vol known
Barmore will contest. Mr.. Eldridge is said to have
suborned witness to testify falsely and procured
another to personate person to be examined under
q commission. The opinion OF the Court. which is
concurred in by Judge Brady, Is written by Judge
Daniels. The Court orders his suspension from tho
Bar three years. dissenting opinion is written
by Judge Davis who holds that Mr. Eldridge should
have been Internationally disbarred In the case of
Alexander II. Reavy. charged with unprofessional
conduct the facts OF which have been published, the
Court directed his suspension for two years.
Among the decisions given was that in the suit
brought by George II. Chsever, as administrator Of
William c. Cheever, against Gazaway De Il. Lamar
executor Of Gazaway Lamar. The suit grew out OF
the purchase and sale of guano and cotton in the
Southern States. which was suspended by the break
ing of the OF the rebellion. Upon the report
OF referee Judgment for .7s1 ~ given In
favor of the defendants. This judgment the Court
reverses Judge Daniels writing the opinion holding
that in the computation Of the accounts various
errors made by the referee. The Court ycster-
day directed the entry of an order resembling its
order of January 1S9 relative to the sale OF lands
in this city under decrees. judgments or orders Of
the supreme Court.