New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-03
AGAINST THE VETERANS.
!. nrrusroS N THE sTH REGIMENT
= TROUBLE. -
yuDcx o'nRrrs REFUSES 10 ooNTIsuE AN I'M


,,v<.x ossRIry REFUSES 10 CONTINUE AN IN
yvvcrrov AGAINST THE ACTIVE OFFICERS.
-. .,pl,cstIon Of the organization Known as the
v.~r.na Of the 9TH Regiment FOR order continuing
- ,,norary injunction restraining tie field officers
~. regiment and others from interfering with the
s.r,nssve use by the plaintiffs Of the Veterans
saau, |, IN the armory has boon denied by Justice
r,,yy,en n the Supreme Court In an opinion handed
sown yesterday tho Judge says:
t-sned Of ali sentiment and yerbsga what Is the CUES
s.r now dyfding the paresi On the Of the plain.
- n s conosded that fits and enjoyment o. the vet
srs room subject not only TO the general rules gov
s,nR tho buiing ana the laws relating 70 smoies ous
Il 4 also subordinate 70 ths MILITARY necessities OF me eg
eps On the part Of the defcndants tho Colonel ana
ssd officers OF the regiment II Is asserted that is NOT the
atAt or desire disturb the enjoyment OF mo veteran
roo By the Veteran Association except 70 the extent OF
.tur their tenure consistent with tho laws OF the stete
"a tse necessities OF tho regiment Those views are 60
psarly cousopsnt presenting more auesaen Oh military
stauette procedure Of either Law or equity 'nas
"a evident between the veterans ana ec'ves
have arisen II not for the posuon ken unoer
.y.l ssyiea nv the trustees OF Fund for the
bondhoders that action Of the officers was not only
Illegal bus dangerous the interests OF the regiment ann
ne rights Of the bondholders by pefmtnng sne exclusive
nse and control part OF the arory building
nv y, orr.ni.ation other than the 7th REGIMENT
Tia Judge declares that II Is clear that tbs bond
holaers are m no way endan gered from the offer made
Al the plainftf to take and pay for all the bonds
me Judge continues:
mains 90 determine thu right the
,rsns was Illegal whether continuance thereof
dangers the interests Of the regiment
The Jrdgo refers the fact that the lease from tho
.tv provided that II should be void II the premises
we're used for sny purpose other than armory or
srooms the public purposes Of the regiment. and
says;
Assuming that the veterans military orssni
,sssu e 10 not claimed that they constitute the 7th
RAxoent aud it i TO tho least doubtful there
NV newer IN the regiment its Board Of oaeers
spyrsate part Of the premises received from the city 10
tie exclusive Of another orsanEation, military or
esn -. A pubic building cannot be diverted 10
ryate So the whole part OF building Designated
cr military purposes should appropriated other
Uses and should be under single authority. And
we take the plaintiffs concession who but the regiment
taspgh iss duly constituted authority, IS to determine
when the necessities tho regiment require the use OF
tie Veteran rcomf
In conclusion the Judge says:
WHILE therefore the good faith and honor Of the
reSioens are plighted 30 the Veteran Association with
belief In their powar lawfully 10 grant the same the
regiment ala give permission in terms Is broad Is
claimed ana relying which plaintiff contributed 70 the
building yet my view OF the doubtful legality Of the
equitable rights depend constrained to deny tho
motion; such relief being based rights neither con-
eeded established made certain, injunction during
the pendeney Of the action should not be continued
CHARGING HER HUSBAND WITH CRUELTY.
Tho SUIT of Clara Louise Folsom, against John G.
Folsom, real estate dealer at No. Bible House. In
which she demands separation the ground OF
cruelty, brought to trial yesterday IN the Court
of Common Pleas, before Chief Justice LarremoreL
Mrs Folsom testified that her husband was insanely
Jealous Of her; various occasions beat her; threw
cup Of tea IN her face; accused her OF undue I'm
nmscy with her physician, when she was III tried
10 stab her IN the throat with miniature dagger
~ l.lA L. 49,
to her temple and threatened TO KIN her II she did
not sign confession of inhdelity which she persisted
in refusing sign; beat their boy and charged that
the child was not his and otherwise mshreated her,
He was Jealous OF Bret Hsrte, who lived In the same
house, No. IS Fffth-ave., for while, and when she
had been talking with him became enraged and threw
pan Of dishw water in her face; She finally had him
arrested and appeared In court against him, but no
promised never 10 strike her again and no was allowed
< oOlored servant, and Ella craner. ssterin-law
The trial goes on to-day.
sErxNG TO RELEASE MRS. LEBKUcHNER.
9 Since tbs scquittaI the ground OF insanity Of
Mrs Mary Lebkuehnsr who poisoned ber two children,
she has been detaised in the TombS. She was taken
before Justice Beach, the Supreme Court, Chambers,
writ of habeas corpus, yesterday, and her release
was asked for. Ex-Assistant Dtstrct-Attorney Mac
don. SAID s ss the c PySSsn n e s5S sns.
The Indigo reserved his decision
MISS TOTEM GETS DAMAGES
Miss Clara Totten obtained verdict for $4,000
yesterday In the Court of Common Pleas, in her suit
against Cassius IL Read, one Of the prcpneters OF
the Hoffman House. for breach Of promise OF marriage
-he case has been trial for seven days before
Judge DAILY and . jury. The Judge excluded from
the consideration Of the Jury all testimony except
that relating TO tho question whether at the time
that Miss Totten gave Mr. Read release Of all claims
against him she did so in consideration Of second
promise Of marriage Ex-DIstrsct Attorney A. w.
Tennsy and John r. Baker appeared for tho plaintiff
and Colonel .s e. s Va. snd GIVEN g %
defendant to prepare case for appeal
AN OLD SUIT REVIVED.
United States DstrsotAttorney wsliw yesterday
began suit IN the United States Circuit Court against
Demss B. Dewey, Anna B. Barnes and Cora f. Barnes.
che exocuson Of the estate Of Demas Barnes 10 no
cover sa2,2os 30 and interest from 1871. The suit
~ practically revival Of one which begun May
yeays ago m the District Court against Mr.. Barnes, as
assignee Of 7. II. B. r. vctterietn. who failed IN
1871. They owed the Government s99951 % under
confession Of Judgment for penalties for the
payment Of customs duties. Mr. Barnes. Il was al
,sa psa ont owe, 70 Other creditors before
sy sw @ ts ca 9ss s, decSsd s1nsi the
SUPREME COURT
washington April 2-1he proceedings IN the Suprems
Of the United States so-dsy were as follows:
No. 1,527-Exparte the matter Of Hans Nielsen ap
relIsnk Advanced
No 2eo-6eorge Husne and otherk plaintiff in error
sst the Ksw Valley Railway ana Improvement Company
Argument concluded.
nos 2a1 and 2S2-The Iron silver Mining Company. |
siptn IN sgk the Mike and starr Gold ana silver
Mining Company ofdsred for argument before fun |
bench. ~ 4 !
No 1ss-Aiex D. Mckinley, plaintiff IN error verzus |
seroms b. wheeler and sthenA Argued
NO ea-Wiiisn s. Hassau. trustee appellant AIT A. |
NJ wacox Argyuaent begun