New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-28
THE COURTS.
,r r,opry.srcoNp STREET. RAILROAD.

TIE FoRTY-sECOND STREET RAILROAD.
ASKING THAT THE INJUNCTION AGAINST ITS EAfEN-
SION MAY BE MADE PERMANENT.
rootion was argued before Justice Donohue
A., snpreme Court Chambers yesterday Tor permanent
Injunction restraining the Fortysecoud Street. Manha'
.nv,ile and St. Nicholas Avenue Railroad Company IRON
constructing its street railway In Fortyseconds east
NJ Tensh-aye. The suit brought by warren fefris
and Jacob Goldsmith two properyowncrs In the sreet
sixth and seventhaves The original franchise
Cor the roaG include the right to run over foy
second st. east of Tenth-ave The company whlch was
the assignee Of the original grantee was organized unuer
the general Act 1850 II applied TO the Board OF Al
dermen IN 1875. and resolution was passed gViuGH
10 change its route so as to operate IN
rorty second-s east of Tenhave., to the East River
The defendants claimed that the Board OF Aldermen
rave this permission pursuant 10 the provisions OF sec
op % OF the General Act OF 1850 as amended by Chap
Ter ~ OF the laws Of 1876 Crate Nathan the counsel
r the plaintiffs tended that the statutory provisions
his franchise that II they were so applicable they
had not been complied with so as to vest any authority
I'm the defendant II the defendant could acquire any
rights by any permission or consent OF tne Commoh
ne by the act sueh requirements were not
complied with and the resolution was Sa vp no.
right 10 through Forty secondst east OF leh. ave
argued mat the Legislature the streets of the
city thought best by authorizing any railroads. 10
Complied With and therefore of the defendant
were complete II had therefore. the authority OF the
cRsature the Board of Aldermen and OF the neces-
sary number OF property-owners in the street Inc
permission given to the elevated roads 10 change IRON
staonary locomotive engines was analogous
10 the right Of the defendant to change It's route Inc
ant 1s s mCs Change Hr aS would be
public misfortune to have the company en0olneo' Dec
sion was reserved.
GUILTY OF STEALING A DOUBLE EAGLE.
The trial of Miss Gertrude A. Knight upon
the charge of stealing gold double eagle from the
workbox OF Miss Mary Rile was conducted before JUS
tce Welsh in Brooklyn. yesterday. Miss Knight, who
is young and Of rather prep0ssessing appearance was
arrested January4 She is governess and recently
became acquainted with the daughters OF John kiie
who lives at No. 81 Eleventh-st South Brooklyn. On
December 90 1879 she staid their house. her board
ing place being Abingdonsquare. this city On the
following day she home, but returned, saying her
room had been let in her absence, and asked 10 DC
allowed TO stay at Mr.. Riles This was granted Our
ing the visit Miss Knight shown the gold coin by
Mary Rie and her departure 1t was found to DC
gone. Upon tho suspicion OF having stolen IL MISS
knight was arrested. The court room was thronged
Yesterday many ladies being present Miss Mary Rile
was one of the witnesses for the and told OF
becoming acquainted with Miss Knight in November
when she called TO see Mary Murphy, servant In Mr.
Re's employ and related how she showed Miss Knight
her sS gce eTSepe and IN reference to Miss Knights
coming 70 her, and Mrs Clayton and Mrs Kelly also
No i. Abinsdonsquare. and Of her saying that $50
gold piece had been given her In New-Jersey
In her defence Miss knight said that she had Just
come from NewJersey when she went TO Mr. Riles on
december 20. There Miss Rifle showed Eer tue gold
piece but she never saw 1t aferward She heard mat
there warrant against her while sne was al MIS-
Duf-s In Aongdon-squarc the first week in January
she did not because she innocent She told
Mrs Duffy that she did steal the $50 She given
gold coin OF that value by her uncle who lives In Ger
many Summer. but she never had one from anyone
IN New-Jerscy. Miss Knight denied having pawned
anything aud when the pawn tickets were SHOWN her'
sad that seen them before Her father,
she said dead and she had supported herself since
abe was years old Justice Walsh declared the
prisoner guilty and remanded her for sentence on Satur
Gav