New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-11
NOTES FROM THE COURTS.

Hearing was begun in the Supreme Court yesterday
before Justice Osborne and a jury in the suit OF
James ]. Mccarthy against the Brooklyn Heights
Ratlroad Company to recover $4,000 damages for the
ao,h ., his son Daniel who killed by OF the
connany's cars on January %. The boy was six and
half years old. It is alleged that the car ran over
him In Greenpolnt-ave.. near Oakand-ave' ana that
rho accident was caused because the motorman al
lowed the car TO run at an unlawful rate anu was
unable to stop II in time The defence Is that the
accident was the boys fauIt Inc uiai VIII We ''"
tinued day.
Nrs Mary Mckinley won her suit for separation
,ro, William T. Mckinley. which was tried before
ruaice Clement, OF the Supreme Court. on luesday'
Yesterday the Justice judgment FOR the PAIN
80 and awarded her permanent alimony OF "
u,oeL Mckinley has been motorman lie hVes
,,,, bls father at No 242 Nassau-st- Tho paintln
,,d that ever since she was married 10 MIN IN 1888
bs treated her cruelty. beating her ana Gaining he'
,,,s names She began an action Tor separauo"
from, him the year after they were married put as
r,Irued II on his promise to DO better Instead OF
..,,ro har halter. he worse than ever. NC
5.nied all his wifes charges. and on the stand
49,, .ho had admitted 10 him that her character
was not OF the pest .u.., r,,,,s,or
An applioa ton was made IN the Appeia'e -,
=, tho supreme Court yesterday Dy teoise W. -he
K.nzle. representing the ONCE OF the corporation
Coupsel 70 set aside the writ OF mandamus granted
- John ! McGnniss. directing the payment OF MS
.,,a-v ~ custodian OF the county records, on the
ground that the Appellate Court had no right 70
,ssue such a writ and that the code reserved such
a noxer to the special term. Mr. McGinniss argued
thar while upon an original application for the WI.
10 the Appellate Court It might not DC grantea Dy
that body the Court had the inherent riSnr 40 en-
force It's own order. and could issue the mandamus
or remit the order to the special term FOR enforce
ment. Decision was reserved: o,,a, ,,os.oraov
Two new officers were appointed yes,fr Gay
70 M vacancies caused by the transfer OF ofncers
to the Appellate Division They are Jon nn, NC on
nell regular Democrat. and Arthur r. Capole, ne
pubiican O'Connell Is a Third Ward man ana Is
Inc appointee OF Justice Gaynor. Cabble was named
by Senat0r Wray and It is understood that the APP
polntnent was made at the request or Justice
Element OF the Supreme Court. Cable comes from
the Twenty third Ward , , ,
The suit of John D. Mahlstedt. who keeps saloon
at No 997 Broadway, against Otto schneider, his
wife Louisa and the German Savings Bank 70 re-
cover 5000 was tried yesterday In the supreme Court
before Justice Clement. The plaintiff testified that
Schneider was employed by him as bartender at
III n week He began to miss whiskey and money
and as Schneider wa wearing a big diamond In his
shirt front he thought he might have something 10
10 with the disappearance He testified that he ac-
cusei the defendant OF taking the money and the
man confessed TO him that he had done so. He
learned that the money was deposited In the de-
PENDANT bank to the credit Of Schneider and his
wife but the bank refused TO give IL up Then he
brought the present action. Schneider went on the
stand and denied that he had taken the money
from the plaintiff. He said that 1t his
earnings Decision was reserved.