The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-21
COVENANTS IN A LEASE.

There was commenced yesterday before Judge
Van Brunt, holding Supreme Court. Circuit. a suit
brought by Gordon Brothers against Benjamin
Marks, the suit being for damages for alleged breach
of covenants in lease. The plaintiffs alege that the
defendant leased to them premises in Chatham
square with covenant in the lease that he would
keep the roof in repair and that he would be liable
for any damages that might occur from the roof
being out of repair after written notice
that it needed repairing and his omission
the plaintiffs that from June to August,
1874 the roof was not in proper order; that they
notice or the matter. Being unable to prove any
damages between the periods named they sought to
give evidence of damages sustained in 1872 and 1873
through the roof being out OF repair. which the
Court, objection, excluded. The plaintiffs then
asked for leave to amend the complaint which Judge
Van Brunt said il he allowed the must 30 off for
the term and the defendant have leave to answer in
twenty days. These terms not being accepted by the
plaintiffs the amendment was not allowed The
plaintiffs also claimed that there is o
nant in the lease for quiet enjoyment
the premises, and they say that Mr.. Marks let the
basement to a concert saloon, and that in conse-
quence the plaintiffs business interrupted and
damages sustained to the extent of $4,000 The de-
PENDANT raises the point OF law that this covenant re-
averred in the complaint there can be no recovery.
After brief argument the case was adjourned until
thismorning. Mr.. Christopher Finn appears for the
plaintiffs and ex-Judge Cardozo and Richard s. New
combe for the defendant.
DEr EAlED In hid LII LIE GAMf.
julius Goldsmith. barkeeper at No. % Bowery,
placed trial yesterday in the Court Of General
Sessions. before Judge Cowing, charged with vio-
latng the Excise law. From the testimony of
Charles II. Bowne an agent of Rev. Dr. Crosby's So
ciety for the Prevention of Crime it appeared that
he and Andrew II. Corey another agent. entered the
saloon in question on night Of tho Goth June last
anddrank whiskey and that they repeated this per-
formance after O'Clock on the following morn
ing. The premises were not licensed to sell liquor,
nor did they in any conspicuous place any
license to sell beer ale. On cross-examination by
Mr. Alfred Stccklcr the prisoners counsel the wit
ness admitted having visited several saloons the
same evening and drank in each Of them. He posi-
lively identified the prisoner the person who sold
the liquor in No. % Bowcry. In answer to tho inter-
rogaores of of the jurors Bovine said he usually
took drink when he felt like H. and that since
he had become connected with the society had been
intoxicated, though never while on duty The
cusod in reply to Mr. steckler positively denied hav-
ing sold any liquor TO BOVINE and swore that his
hours of duty ut the saloon were from seven
O'Clock in the morning until seven at night He also
testified that license to sell beer and ale promi-
nently hung up behind the bar. The jury returned
n verdict of not guilty. On motion of Mr.. Stecklcr,
Henry Schroeder who was Jointly indicted with Gold.
smith was discharged, there being proof offered
that he was the proprietor OF the promises men,
toned.
FOURTH DEGREE OF MANSLAUGHTER.
The trial of Peter o Rourke, charged with murder
in the first degree in having caused the death of the
lad Edward Sullivan. by drowning pier No 46 East
River, ON the evening of August a. was continued
yesterday before Judge Gldcrsleeve. Assistant Dis
trict Attorney Bell read tho deposition of DIR. l. G.
Richardson, who made the autopsy of the body of
Sullivan when taken from the water. Tho injuries
received from the blow of the brick were not neces.
sarily fatal and in the opinion Of the Doctor, death
was caused by drowning. Officer Fogarty
testified that when lie arrested O'Bourko tho
latter denied any intention of injuring tho
deceased when he threw the brick The
case for the prosecution having closed the prisoner
was called TO the stand by his counsel, Mr. Edmund
H. Price. He testified that Sullivan and two three
other lads ON the dock fishing. lie picked mp
brick and threw IL in the direction of the boys, in
order TO splash them with water. The brick struck
a wooden post and glanced off on the head of the
deceased. The boy fell into the water and no made
several unsuccessful efforts to save him. Mr. Price
ut this stage offered TO prove that O'tourke
had prior occasion saved young Sull-
vans life, but the testimony was not allowed.
Several witnesses then testified to the prisoners
good character, and counsel having summed up.
Judge Gdcrsleeve charged the jury lucidy defining
the various grades of crime under which the
cused might be convicted The jury returned q
dict OF in the fourth degree. and Judge
Gildersleevc remandcd the prisoner for sentence