National Republican., 1883-05-08
THE COURT RECORD.
Important Amendent to the Rule in Reference
10 Accounting.
The Attachments In the Howgste Cases
Prisoners scntonced-New Suits.
AN 1MpoRrANr RULE MADE.

Ihe court in general term yesterday
amended the ffty-fourth rule as follows;
In all actions at law brought or hereafter 10 he
brought grounded upon account, In which II may
be necessary TO examine and determine upon ac-
counts between the parties, the court, In ts dis
oHetion, Mt amy stage of the case, may order tho
accounts between the parties to be audited and
stated by the auditor OF the court, or by special
auditor or auditors to be appointed by the court
the course Of proceedings before such auditor or
auditors shall be the same therein, and such
and duties In the premises as in similar cases re-
ferred to the auditor in chancery by the court
sitting in equity. When such audit shall be com
peted the auditor or auditors thall state and fle
the report and account in the clerks offioe aud
give notice TO the parties Of their attorneys, aud
the clerk shall note the time the same Is fled
calendar days thereafter judgment may
be entered on motion Of either party In
accordance with such report and &C;
counts, ,either by the court or by judge at
chambers, unless exceptions are filed thereto
within said time for errors OF law or Of fact theToin;
nitely, in precise and distinct terms, tae grounds
Of such exceptions, and shall point out partcu-
larly the item or items In such reports aud &C.
counts TO which they are taken, and shall annex
thereto certificate Of counsel that In his opinion
the matters Of Inv therein stated well founded
In law and an afildgyit that such exceptions are
not interposed for delay and that they are true In
point OF fact and shall serve copy thereof on the
opposite party or his attorney.
When such exceptions are so fled the court shall
enter the case on the trial calendar of that term Ia
Its proper place and the issues made by such ex-
ceptions shall be tried and determined IN the
manner as other issues Of law and OF fact In action
at law, and any part OF such report and accounts
not so excepted to shall be adjudged 10 be con-
elusive between the parties on such trial. III only
general immnterial or frlvious exceptions are
made or IL they ere filed without the certificate OF
counsel and affidavit Of exception and service Of
copy as aforesaid they may DO overruled by the
court or by Judge at chambers on notice. and
motion and Judgment entered as II no exceptions
had been filed.
THE HowGATE ATTACHMENT CASES.
In the court in general term yesterday the
two cases of United States VS.. II. w. How
gate were decided, the chief justice deliver
ing the opinion of the court.
The first decided was the motion to quash
the attachment in behalf Of Mrs. Houghton,
who had purchased some of the property, and
whose deed had been executed anterior to
levying the attachment. In this the judg-
ment below quashing the attachment SO far
as it related to this property, was affirmed.
The other motion decided was the motion
made TO quash the attachment on the
ground that the suit not having been brought
by the district attorney the attachment was
illegal, The chief justice announced the
opinion of the court, sustaining the judg-
ment below Overruling the motion to
quash. He said that this was q curious
case, not being between the parties, but
between the counsel. 1t 10 insisted for the
defendant land he ought to be here in person)
that all the pleas of tho republic should come
through one channel-the district attorney
that the law makes IL the duty of that officer
TO take exclusive control of all the interests
of the United States in the district. Is that
so? Will this republic put all its interests In
the keeping of single officer who is liable to
become sick or diep He did not believe H.
and it was not the practice to do So, nor Ia
...N. L.. AI.aA. IL ~
case the government had the right to employ
Mr.. Cook or whoever it pleased. Mr.. Cook
was member Of this bar, had the right to ap.
pear, and tho attachment would remain.
KNIGHTS OF JERUSALEM INCORPORATED.
Articles of incorporation were filed yester-
day by Thomas Perry, William Smith, ID. T.
Travers, Balling Evans, aud Wellington Clark
for the Grand Encampment Ancient Order
Knights Of Jerusalem for twenty years, dpra-
tion. ..s.s -F .- a.s. i'slt-t
JOSHUA ANDERSON SENTENCED.
In the special criminal court yesterday
Joshua Anderson, convicted Of manslaughter,
was sentenced to five years in the Erie county
penitentiary. This is a lighter sentence than
was expected. Judge Macarthur said that
the good conduct of Andersonin not attempt
ing to escape on Friday should be rewarded
and he would make the sentence five years,
REDDY WHITE GETS TWO YEARS.
The application for q new trial made BY
Reddy White was overruled yesterday, and
he was sentenced to two years in the peni.
tentiary.
VIOLATING THE INTERNAL REVENUE LAW
York Pugh, for violating the internal reve'
nue. law, was fined 800 in the special crimi
nal court yesterday, and sentenced to thirty
days in jail.
FRANK MINORS NEW TRIAL.
The motion for new trial in the case oi
Frank Minor, the colored man convicted oil
wife murder, has been set for argument ut {
o'clock ON Thursday.
SENTENCED FOR AssAULTING AN OFFICER
Richard Hill, for assaulting an officer, wa,
sentenced to ono year In the penitentiary
yesterday and fined So.
WILL OF CATHERINE WAGNER.
The will of Catherine Wagner was admit
ted to probate yesterday. She devised hous,
No. 321 First street northeast to Lemue
Reddy, her brothcr-in-law, for the support o.
her daughter until she becomes of age OIL
marrios, whenit is to be solfand the proceeds
equally divided. The codicil is dated Feb
10, and directs that G. II. Manning be execu.
tor for Mr.. Reddy, and the personal property
to 60 to William Wagner.
JURORS DISCHARGED.
The jurors who have been serving in the
special criminal court were discharged for the
term yesterday and the murder trial set fol
to-day will go over TO the June term of tn,
criminal court.
ACCOMMODATIONS FOR FEMALE PRISONERS
The president of the Womens labor leagu,
complained that the accommodations fol
female prisoners were not sufficient She re
ferred to the case Of the French woman, Pom
mard, who had been indicted several months
ago for grand larceny in stealing jewelry ant
wearing apparel from the house of Gen
Sturgs, at soldiers home, who, she said, hat
been locked up in cell with about ten NAL,
prisoners, black and white. 1t is understood
that Mrs. Smith desires matron appointed
TO look after female prisoners, but there ia n,
fund out of which one could be paid.
| THE RECORD.