The New York herald., 1879-02-01

rant issued by United States Commissioners Lyman.
discharged yesterday for want OF evidence. The
warrant was issued upon cer,inea copy OF an am.
City. charging him with receiving and dealing IN
smuggled goods. 1t was expected yesterday that a
certified copy Of the indictment charging him with
the acts named in the affidavit would be received in
this city, and the examination was pro onged as far
az possible but for want of this. Commissioner Ly-
man necessarily obliged to order the discharge
of the accused.
Roswell H. Rochester. appointed some time since
receiver of the New York Street Cleaning Associa-
tion, applied to Judge Barrett for permission to
bring suit against solomon Mehrebech for
counting the alleged profits growing out of the
sale of two plots of ground between Ninety fifth and
Nnetyeighth streets and 10lst and lO2d streets from
Second avenue to the exterior bulkhead line the
East River. The suit grows out of the late John L..
Browns connection with the Street Cleaning Associa-
ton. the facts of which have been published.
The Congress Hall Hotel cause on the day cal
endar of the Supreme Court, General Term yester-
day, and would have been the next reached for
argument when the court adjourned. AS it involves
the interests of some dozen parties who brought
suits in different courts and which were consoli-
dated in the action in the Supreme Court and i'm
portant questions affecting the Mechanics Lien law.
the issues not only interesting to the parties but
to owners. builders and sub-contractors generally.
This will be the first case on the March calendar.
Mr. George W. wilson appears as counsel for the ap-
pellants and Messrs. James H. Whitlegge. Charles
w. Seymour and Messrs. Chedsy, Glass, Denman and
Phelps for the respondents.
In the United States Circuit Court, before Judge
Blatchford, motion was made yesterday by coun-
sci for Mr.. Clinton q. Colgate for an injunction
prevent infringement of the patent OF Mr. George
Simpson for gutta percha insulation. The defend
alleges that 1t has 1850 printing instruments in
use and hundreds OF telephones. and that its bus-
ness will be greatly damaged by an injunction. It
therefore asks delay. that it can send abroad
procure defence to the patent which, it claims can
be had in Europe.
In the SUIT brought by Mrs. Caroline G.. Reed
against Sterry Fry, in which the plaintiff will be
remembered, seeks to compel the defendant to re-
move his livery stable adjoining her residence on
Fifty-fourth street. near Fifth avenue counsel on
both sides summed up yesterday before Judge Law
renee in Supreme Court. Special Term, Mr.. Albert
Gallup and Wheeler H. Peckham appearing for the
plaintiff and Walter H. Hutchngs for the defendant.
Mr. Peckham raised the point and cited various Eng
lish authorities in support OF his views as to what
may not be nuisance i'll one part OF the city may
be very great nuisance in another part OF the city,
He stated that while butcher shop might be toll
Grated in certain localities, even bone boiling
establishment gas house. they would be abated
nusances in other sections OF the city Judge Law
renee took the papers, reserving his decision.
DIR. Hammond was yesterday called as witness In
the suit brought by Messrs. Sherman 4 Gillett
$780, 900 for meat shipped by the plaintiffs the
City of Brussels, which was thrown overheard dur
ing the latter's thirtyeight days memorable trip
from this city when she had on board the Canadian
Pilgrims. The point OF the witness testimony had
reference to the unhealthfu effects of large
OF decaying meat on shpboard. He SAID that the
gases engendered by decomposng meat were likely
to produce typhus and other fevers On the conclu-
sion Of the evidence q motion was made that the
Court direct verdict thereon for the defendants.
This motion, which gave rise to extended argu-
ment was denied Counsel then summed up. In
charging the jury Judge Landon submitted ques-
tions of fact whether. after the steamers shaft
broke 750 miles from this city, the captain should
vessel. sealed verdict will be returned this morn