The morning news., 1899-01-14
THE CITY COURT CONTEST.
Will COME BEFORE JUDGE FALL
CANT TODAY AT NOON.


CANT TODAY AT NOON.
Each Side Confident in the strength
of Its Legal POsitiOn-TOby Bow
ems Attorneys Appeal to the SUI
preme Court for New Trial.
BarstOw's Lands Appraised at
$7,O76-SIr. COIding Acts as Solicit
tor General in the City Court.
The hearing in the quo warranto pro-
ceedings instituted by MIR. J. s. Collins and
Mr.. T. J. Sheftan to oust Mr. Waring Rus
sell, Jr., and Mr.. e. ]. Whelan from the
positions which they now hold as clerk
and sheriff of the City Court viii begin
in the Superior Court at noon to-day. Mr..
A. A. Lawrence represents the contestants
and Mr.. S. B. Adams, city attorney, the
new officers of the court
The contest is based on the grounds that
the officers of the City Court are not city
officers and that the act under which the
City Council acted in electing successors
to the contestants was Unconstitutional
and that consequently the election is void
and the contestants are entitled to serve
out the full term for which they were
elected, that is, until JAN /, 1900.
The hearing viii be entirely a legal bat
tie, the facts in the case being admitted
by both sides. Each side is very confident
of its legal position. and 1t is likely that
a numerous array of legal authorities will
be cited on each side. No matter in whose
favor Judge Falligant may decide the
case is practically certain to be taken to
the Supreme Court, as neither side would
rest content so long as there is a pos
sibilty of turning the tables on thir op-
ponents. The case is one of considerable
interest from both personal and political
standpoints and the many friends of the
two sets OF contesting officials are much
interested in the results of the first round
of the legal battle.
Messrs f. T. Saussy. r. NJ Lester and
Gordon Saussy, attorneys for Toby Bow
ems, who was convicted last September of
the murder of his wife, Rosa Bowens. filed
a bill of exceptions in the Superior Court
yesterday The bill was certified to by
Judge Falligant and the clerk instructed
~ lIdASLIill copies VI the ICGOIQS OF Ine
case as desired to the Supreme Court,
which viii now be asked to pass upon the
case. BoWens committed the assault upon
his wife Aug. 49, beating her over the head
with a bar of iron, from the effects of
which she died a few days later. BOwens
was convicted in the Superior Court dur
ing the following month, and sentenced to
be hung Oct 2S. A motion for a new trial
was made by his attorneys, and after sew
eral delays was finally overruled by Judge
Falligant on Dec. 80. The Supreme Court
will now be asked to order new trial for
Bowen.
In the City Court yesterday Judge Nor
wood refused to grant a new trial in the
case of John d. Paige versus the Ocean
Steamship Company. This was a suit
brought by DR.. Paige for the value of a
fine horse which was killed while in transit
from New York via the Ocean Steamship
Company. DR.. Paige won the suit, and
the steamship company moved for a new
trial, which motion was overruled yester-
day by Judge Norwood.
W. w Gordon, Jr. administrator of the
estate of Elias B. Barstow, filed an ap-
praisemeut in the Court of Ordinary yes
terday of the real estate belonging to the
estate the valuation being $7,O76 The
administrator alse filed petition for leave
TO sell said realty The real estate con-
sists of a large body of land on Whining
ton Island.
Yesterday was criminal day in the City
Court. Solicitor General Osborne being
abnsent, Mr. r. L. Colding, the ex-deputy
clerk of the City Court, was sworn in as
acting solicitor general, and proceeded to
put the offenders through the mill in the
most approved manner. The following
parties were convicted and sentenced as
stated;
Bennie Green, larceny of an overcoat
from Mr. Gordon Saussy, $25 and costs
or three months
York Jones, assisting Hamilton Woods
charged with assault with intent to mul
der, to escape, $25 and costs or twelve
months.
Dan Pinckney and William Smith, steal
ing lumber from McKenna & Welsh, $40
and costs or six months each.
ST Wayne, assault and battery, $40 or
three months.
A. Kirkland, carrying concealed wea-
pons $25 and costs or twelve months:
also the same sentence for smashing the
window of r. Cooley and doing other dam
age ma1iciously, to be enforced on the ex-
piration of the previous sentence.
Alexander Reid, vagrancy, IS and costs
or three months.
! James Barnard. larceny from the house,
| S15 and costs or six months.
AT THE THEATER.