New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-28
COURT OF APPEALS DECISIONS.
THE GoULDs AND RUSSELL SAGE FOUND GUILT
LESS OF pEcEPrIoN-A DECISION OF IN

| THE GoULDS AND RUSSELL SAGE FOUND GUILT
LESS OF DEcEPTIoN-A DECISION OF IN
TEREsT TO RIVER NAvIGAToRs
Albany. Feb. H.-The case Of Eugene Kelly. ap-
pellant against Jay Could George j. Gould. Rus
sell Sage, J. Henry Work, Grenville NJ Dodge the
! Mexican Oriental Interoceanic and International
Railroad Company. the International Railway In
provement Company, the Oriental Construction
! COMPANY and the Mexican Southern Railway Com
| many was decided unanimously by the Court OF APP
! peals to-day in favor of the defendants The Court
afirms the Judgment entered upon a decision OF the
| General Term OF the First Department, affirming
as h all the defendants except ]. Henry Work. an
order dsmisslng the complaint and directing the ex-
ceptons to be heard in the first instance at Cen
eral Term The action was for damages for fraud
and deceit practised BY the defendants on the APP
pellants assgnor, the Milmo National Bank, by
inducing 1t to cash certain drafts drawn on j..
Henry Work ) secretary of the Southwest Con-
struction Company alleged worthless company.
by B. s. Wathen their chief engineer. to pay for
the work of construction Of a railroad in which de-
PENDANTS largely interested and which they
were actively engaged in promoting. Inc iraud "a
defendants, through which they caused contract
to be entered INTO by said company Win lne con
existing obligation for the previous railroad con-
struclon OF SS4 Il ana 20 ns rsroa q
The opinion written by Judge Finch decides that
MI Og 6r Of NOT Daes ry d. any med the ud
ment OF the lower court in the case OF the people
against Thomas A. WEIGH. appellant This case Is
OF much interest to navigators In and about New
York Harbor IL appeal by the defendant
from judgment In General Term, First Depart
ment. affirming judgment upon verdict OF
jury finding the defendant guilty Of mansiaughter
in the second degree as responsible for the killing
OF Francis Jenkins June Is. 1891. The defendant
was a steamboat pilot on the steamer +. W Devoe
when it coIlided with the sloop yacht Amelia on the
Hudson River. The yacht sank, and Wech
convicted OF wllful misconduct. which caused the
collision and the drowning OF Jenkins
he fuHa hat he fyer Ia uvff hin
rhe legislative jurisdiction Of the State and that
oT on s wa al sHe Th is e ony Sueses
which presented by the case. but Il is regarded
as so important that the opinion is elaborate and
cites many authorities in support Of the position
The Court Of Appeals today affirmed the order
application Of John Z. Adams Commissioner Of
City Works Of Brooklyn, TO open FIfty-nrst-st.,
In favor OF Commissioner Adams.
row TRf fS9E' 49, @ gay SasIdsF At s snd g.
JUDGE" SMITHS ESTATE IN LITIGATION
A controversy is pending in the surrogate's Court
over the estate Of Judge" william H. Smith whose
roadhouse in years gone by was frequented by
many prominent men, The dispute now Is between
the children OF Mr.. Smith and their steprnother
Sarah A. Smith. Mr. Smith died In 1887 He left
personal property OF the value Of about $4,000 and
the children say. real estate worth $4,000 The
real estate was in the name Of his wife His chill
insist that this property really belonged 10 their
father and for personal reasons he had II recorded
in the Of his wife TO be held In trust for him
and his children The widow, however who is sew
enty-fOur years Old, denies this. William II Wander
bl held mortgage for $4,000 the real estate some
sixteen years ago. The mortgage never recorded
and Mr. Smiths children declare that It was never
be paid but after the death Of Mr.. Smith the
widow was informed by counsel that II was the
wish OF the representatives Of the Vanderbilt estate
that the mortgage be paid.
The widow was the administrator. The children
recently, through their counsel, ex-Judge Angel
applied 10 the Surrogate TO compel the widow 10
file accounting or the estate. The matter was
sent 70 j. y. Butler referee, who made a report
charging her with 5000 IL was claimed thai
she had sold the roadhouse for a price much less
than its real value.
The came before Surrogate Arnold to-day
upon the exceptions the report OF The referee
and after hearing argument the Court reserved its
dcishon.