New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-16
4 DEclsIov AaAtNsr ADAM sADEAU
NOT ENTITLED TO PAT AS A RETIRED CAPTAIN
WHILE IN TIE CONSULAR SERVICE.

NOT ENTITLED 10 PAT AS A RETIRED CAPTAIN
WHILE IN THE CONSULAR SERVICE.
Washington, April l5.--rhe supreme Court Of the
United States to-day decided the application OF Con-
Shay-Ee for writ Of habeas corpus. Go0-shay. Ee,
an Apache Indian, was convicted Of the murder Of
another Indian In Arizona and sentenced be ged
he tried by the District Court of the United States
for the lid Judicial District OF Arizona. II Is con-
tended IN his behalf that the offence committed was
against the laws of the Territory and should have
been tried under those laws. The court holds that
the would properly have been tried In the United
States Court prior to the passage Of the set Of March
., 1885, but that by the terms OF that act offences
committed In the Territories by one Indian against
another should be tried under the Territorial laws.
Tho Attorney General requested to SEQ that Con
6hay.Ee be released under the ruling Of the court
The same order was made In the case OF Captain
Jack an indian whose Is substantially tho Same.
An opinion was rendered by the court In the case
Of Adam Badeau appellant, agt. tho United States.
This a suit brought by Badean In the Court OF
Claims for pay retired captain In the army from
April g. 1870, to September 10, 1881, during which
time he was ConsuLGeneral 10 London, and from
November 90 1884, up the date Of the fling Of the
suit, during which ne COnsuLGeneral 10 Havana.
The United States filed counter claim stating that
Badeau was indebted TO the United States for money
enormously paid him an army officer for portions
OF tho period from December 81, 1860, 70 October 3D.
1882. The Court OF Claims by divided court dis
missed both claims. Tho Supreme Court holds that
General Badean, while drawing salary ConsulGen-
eral, was expressly inhibited from receiving any adj
dtonal compensation for dIscharging the duties Of
any other Office IL is held that though under the act
Of 1875 certain army officers may hold diplomatic or
consular appointments without being held thereby to
resign their places In the army this does not enttle
them TO pay army officers when they absent from
their country I'm the discharge of continuous official
duties inconsistent with subsection TO military rules.
The Court also refuses disturb the judgment OF the
Court Of Claims adverse to the counter claim Of the
United States
Justice Cray rendered opinion affirming the judy
ment Of the Circuit Court Of the United States for the
Northern District of Now York in the Of the town
Of Andes, Delaware County, New-York, plaintiff in
error agt Albert Slauson. This Is action brought
to recover the value with interest Of certain bonds
issued by the of Andes 10 aid In the construction
Of the Delhi and MiddletOwn Railroad Company.
in the case OF William II. Robertson, Collector Of
the Port Of New-York, plaintiff In error agt. Louis A.
Solomon and Charles Solomon. the court decided that
beans were dutable at 10 per cent as vegetables. The
Circuit Court for the Southern District Of New YORK
decided that the beans should be admitted free OF duty
as =" seed not otherwise provided foE'
No. 9 aPd cCSrs T a MnpS S sEnf
Frazer Te ct al IN erOr to the Circuit Court Of the
United States for the District OF Colorado Judgment
No. 2o4-The Central Trust Company OF New-York,
appellant agt Louis Seasongood etc, ct al. Appeal
from the Circuit Court OF the United States for the
Southern District Of Ohio Decres affirmed with costs
No. 944-Morris S. Miller, plaintiff in error. sgt
United States Civil Service Commissioners. Motion
to advance to hear petition original case In this
court denied.
Company plaintiff in error agt the State Of Minnesota
rel the City Of Minneapolis. Motion TO dismiss post
poned.
No. 15so-H. Fitzgerald, sergeant, etc, appellant
agt Charles Green.
No. 1,53l-w. L. Thomas, sergeant, etc, appellant
agt. Wilson Loney. Motions to advance granted
No. 220-Wlliam W. Gibbs, plaintiff In error agt
the Consolidated Gas Company Of Baltimore Chy.
Judgment affirmed, with costs.
No 23c-J. Friedlander ct al plaintiff In error, agt
the Texas and Pacific Railway Company. Judgment
No. 823-John Churchill, trustee, ct al appellants
sg water Farrar. administrator. etc. Motion to dis
miss submitted.
No 229-Willlam P. Abendroth, plaintiff in error
agt. Abraham Van DOlsen ct al Argued.
No. 247--Jared Z. Red6eld plaintiff In error, agt
william. p, Parker and others. submitted;
No. 240-The George T. Smith hiddnnEs Purifier
Company ct al, appellants, agt. Mary B. j. McGiOarty
ct nj. Argued.