The New York herald., 1879-02-04
THE COURTS.
Settling Appeals in the Court
of Common Pleas.
GENERAL SESSIONS JURISDICTION.
Bad and Good Counterfeiting
Criminally Considered.

the General Ierm OF the Court or Common Pleas
met yesterday and handed down number of deci-
sions in cases argued during the last term. Among
the most important is the of Charles H. Has
well. who was employed in May. 1871, engineer
for the Board of Health at a salary of $4,000 year.
Haswel in the same month Of his employment.
received notice that a resolution had been passed
to the effect that the 1st of June following
the Office of engineer of the Board should be
honorary and no salary paid after that date.
Mr.. Haswell replied that he was gratifed and COM
plimented by the Board retaining him as honorary
engineer land in testimony of my appreciation Of the
honor, submit that will afford me great pleasure to
discharge the duties of engineer whenever the Board
shall see tit to intrust them to me-" Mr.. Haswell
rendered services during 1871, 1872 and 1s73 for
which he rendered bills. The Board acted on
the bills of 1871 and 1873. but approved
the bill of 1872 for $1,000. and directed it's
payment. No payment made, however. and Has
well then sued the city for his salary for three years.
The Court affirmed judgment dismissng his COM
plant. Judge Van Brunt. who gave the opinion.
says it is difficult to how plaintiffs performance
Of the duties of engineer could in any way testify
@ he %oDd 10 have per
formed the duties without the honor il he was to re-
ceive full payment therefor.
Among the decisions also in the suit brought
by Washington +. Norton against the National Bur-
glar and Theft Insurance Company of this city. to
accepted by William Howe Mason, treasurer of the
company The complaint averred the incorporation
bill aud the of the same at maturity Tho
answer denied the incorporation for sixty days sub
sequent to February l. 1876 admitting, however, its
Incorporation thereafter 1t also denies any lnforma
ton and knowledge to other allegations and alleges
II the bill was accepted by its treasurer the same was
without authority or consideration. For separate
defence it s averred that the bill accepted by the
defendant for accommodation OF one John s. Young.
and that if the plaintiff ever became the holder of the
payment
thereon and with full knowledge OF all facts. On
the trial the defendant moved to dismiss the
complaint on the ground that the same con-
tanned no allegations that the plaintiff was
owner Of the bill or that it was ever
motion was denied and the before
the General Term on an appeal from Judgment rem
Judge Larremore, who writes the opinion OF the
Court says. after reviewing the facts, that the de-
successfully maintained his theory to the defect
in the complaint, but that reserving such right un-
til the trial subjected it to the discretion of the
Court to allow amendment, and confines the
pleadings to the proofs, and that discretion
properly exercised. The only question of factthat
OF payment account-was found by the jury ad-
versely to the defendant and the judgment is there
fore affirmed.
The Court also affirmed the order of Judge Larre-
in the matter of tho assignment of Major Hors
fall to John W. Hesse the facts OF which have already
been published in the HERALD. The case came before
Judge Larremore on motion by John Y. Camp,
creditor to vacate an ex parte order of Judge Van
Brunt dischargng Hesse
''COURT OF INFERIOR JURISDICTION"
Judge Gildersleeve opened the February term of
Part / Of the Court OF General Sessions yesterday
Mr.. Charles T. Waite, of the Windsor Hotel. being
selected foreman Of the Grand Jury In delivering
his charge attention called to the remark re-
Gently made in the Legislature by Mr. Brooks during
the debate in regard to the salaries of officials to the
effect that the Court of General Sessions court
Of inferior jurisdiction. On this point Judge
Gildcrsleeve said:-"The Court of General Ses-
sions, with which grand Jurors you are
now officially connected, has been referred to not
long since by who should know interior
court 1t is not expected that the utterances of any
man, nor the opinion and remarks or the judges Of
this court will take from add to its jurisdiction
and power. Public expression. however, may generate
In this court and work injury by leading the Jurors
to believe that their duties of an inferior and
formal character requiring great degree of asten
tion and involving only ordinary responsibility
It is such an impression, gentlemen, that wish to
caution you against allowing place in your minds.
Remember. gentlemen it is here that the jury
system. properly regarded as the palladium OF all
orr civil rights and liberties finds and exercises its
highest functions The lives and liberties of
your fellow citizens are in your hands.
grave responsibility. You body Of men placed
between the Commonwealth and the alleged offender,
and to both you owe solemn duty. In behalf of
the former the majesty Of the law must be MAIN
tanned and the guilty made to feel its power and in
the latter, when unjustly accused, you should be
shield of protection and open for him the door of
liberty. Judge Gildersleeve next in order referred
to the usual statutory provisions, after which the
Grand Jury retired to deliberate.