The New York herald., 1879-12-12
THE COURTS.
Lifelong Blindness and Paralysis
from a Street Gully.
INTERNAL REVENUE TAX
Grand Larceny and a Bit
Of History.

William Davis. boy eleven years of age. WAS on
the 18th Of May. 1873. riding with his father q
truck loaded with hay. and. the vehicle crossed
the bridge over Fourth at 125th street. the
forward wheels went into gully in the street. precip-
itating him to the ground. The boy struck ON his
head. but ut the time it thought escaped any
serious injury. few weeks later his brain became
Affected. he lost his sight. and. alleged. became
paralyzed. Suit brought in the Supreme
Court by his mother. Elizabeth J. Davis. who had
beon appointed as guardian al Item, against the
city for $4,000 damages. The trial. which has been
in progress for several days before Judge Donohue
in Supreme Court Circuit, terminated yesterday in
verdict for So 900 for the plaintiff. The general de-
fence interposed behalf OF the city was contrbu-
two negligence but strong stress was laid upon the
fact that the boys loss Of eyesght aud pxraysiD of
his head occurred ten weeks after the accident and
that meantime he had attended school and APP
parently been as we'll as usual. Drs. Simpson aud
Mclean Hamilton, called a. experts on behalf Of
boy was the result OF spontaneous disease
aud not attributable to the accident. On the other
experts for tho plaintiff. testified that the ailments
OF the lad were caused by concussion of the brain
superinduced by the. accident. number OF school
teachers also examined relative to the lads ap
pearance and attendance ut school. The boy was
produced in court and his appearance ELECTED gen.
eral sympathy He seemed to he unable to help
himself and to be destitute OF any will power His
eyes were vacant and he was nearly helpless
infant After the verdict motion was made for .
trial. which granted and set down for argu-
ment to-day. Mr.. Dennis McMahon appeared for
plaintiff and Mr.. Miller and Colonel Fellows for de-
PENDANTS.
INTERNAL REVENUE LAW CASE.
In the appellate term Of tho United States Court
yesterday Judges Blatchford. Choate and Benedict
presiding. some very important questions affecting
the internal law were presented in the argu-
ment for trial in the case OF Theodore Cohen,
who convicted in the United States Circuit Court
the 18th Of October last Indictment charging
him with feloniously having in his possession 400
cigars upon which the tax imposed by law had not
been paid. Mr.. Alfred Steckler. in = very lengthy
argument, contended that the conviction was
illegal on the grounds that there was no
PROOF given on the trial that the tax
on the identical cigars found in the possession of
the prisoner his arrest had not been paid; that
positive evidence OF that fact and that section
Of the United States Statutes which provides that
the absence OF the proper revenue stamp any
box is prima facia evidence OF the non-payment Of
the tax. did not apply to the present case because
the proof failed to show that the prisoner had the
cigars in his possession for the purpose of sae He
also contended that the Court erred in permitting
evidence to be introduced at the trial tending to
show that another box Of cigars. which had been
properly stamped, had already been used and re-.
iled with cigars by the defendant, because Il was
permitting evidence Of separate and distinct offence,
and for which the prisoner, under section 406
of the Revised Statutes of the United Stses could
Tenny followed In an elaborate reply, contending
that the conviction proper. The Court took the
briefs Of counsel and reserved its decision, which
will be rendered on the 22d inst