New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-17
NEW-JERSEY COURTS.
AN INTERESTING DECISION CONCERNING THE AC-
coMpIIcE OF nUNTER-TAXEs AND MORTGAGES

AN INTERESTING DECISION CONCERNING THE AC-
coNptrCr OF uUNTER-TAXES AND MORTGAGES
-oTHER DECISIONS.
lFRoM SPECIAL CORRESPONDENT OF THE TRIBUNE
TRENTON, April 12.-The Court OF ErroIs
and Appeals and the Supreme Court have Doh peen III
session, delivering opinions. Several DECISIONS VI
interest and importance made. the principal OF
which was in reference the OF Thomas GRAHAM
Jointly indicted with Benjamin for the murder OF
John Armstrong at Camden
II Will be remembered that Hunter was convicted
sentenced and hanged the evidence OF Graham WHO
asserted that he had been hired TO Kill Armstrons hu
attempted to do so but failed, and that Hunter finished
the bloody work. When Graham made this statement
he was distinctly informed that he would not be re-
leased on that account and that he must expect 10
stand trial Prosecutor Jenkins OF Camden was ABOUT
to proceed with the trial Of Graham, when Attorney
era Stockton irterfeTcd ard argued strongly ta mons
prosequ should entered the ground that IL "ouu
be to secure witnesses for the state II imnu
nifty could not guaranteed. by consent OF all partes'
including Graham's personal counsel the matter was
submitted 70 the Supreme Court. aud to-day ChleJus-
tce Beasey handed III the opinion of the Court on tAe
matter. The opinion gives an interesting ana schol-
ary review Of the methods Of procedure in England ana
this country IN such cases, and IN conclusion Iofay
declines TO the prosecution 20 enter noe prose
qu 1t practically declares that it Is not really wltnh
the power Of the States officers to make bargain Tor
the immunity of prisoners II says, however, that IL
Will be the duty Of the Court in where the prisoner
has states evidence TO recommend mn 10 ln'
yicIf d cy nI rcfs to Grant either Communication
fni pardon-accOrding to Its views IN the matter Inc
decision was listened to with great interest," az IL plac
tcaly determines the method OF procedure I'D sliiaf
cases In this state. -,
The Court decided an important case concerning the
priority OF taxes over other securities. eIe IS ,ht
many Justly ad Will be lost TO clty ana township
o-csp ynT 3 To-day
pruperty sold for taxes by the City OF lreutOn on
hci me trustees OF The school fund held NOR gage
for 50 600 The opinion decides that Trenton has a
spccal provision its charter making all taxes rst
Ten aiming mortgages The school fund, however is a
pecaily constititc3 sacred trust established by the
Constitution and IL cannot be impaired by eglsdtN
grants The opinion. therefore, declares that IN all
cases where the school fund holds mortgage 1t has the
first claim TO the property; but in cues where the
Other claims AS trenton and other cities have
The charter provision alluded to- the State Is partially
relieved but the vital question OF whether All genera
taxes are prior lien on real estate Is practically unde
cided unless inference IL drawn that the present
I'm the case Of Page agt the Pennsylvania Railroad
Company-where Page was injured by mail bag strik
was decided IN his avorhe Court affirmed the decision
OF the Court below in Pages favor The ChieJIsuce
said he regretted that counsel for the railroad had not
taken an exception the question whether the United
states not the proper defendant as the injury was
inflicted by pOst-Olice empoye with United states
mail bag The question Of the liability OF the railroad
for acts of post-oce employees would have Deen an inter
estng one, the Justice said. ,
Hoagand agt. Wurtz.-COurt below sustained.
Homer agt Ludlam-Suit for counsel fees held that
amount Of ices being agreed upon lawyer could no
recover: Court below sustained.
Inhabitants OF North Bergen agt Egar.-Court below
sustained.
Executor. Of sisson agt Blair ct al-Decson OF Chan
celOr unanimously reversed
D. H. Lyon AIT. Citizens Loan observation-disclosures
below affirmed.
Flack AIT Jersey City.-DecisiOn affirmed.
Gardner ct al at Sn atemea
Brown agt. GleagOn.-AfiImed
ConOver agt Stcwer.-Afirmed.
CITY OF Elizabeth agt Wrght.-Reyersed.
Drake agt. DawsOu.-Atirmed
Kinball ast. Denton.-Afirmed
Several cases, including that involving the right o
Jersey City 10 build bridge the Morris Cana
BASIN at that place, were lana over.