The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-26
NOVEL POINTS OF THE LAW.

The reliability to be placed by trial JUS
tees on the evidence of detectives is
stated by Federal Judge Hunt of the
Southern District of New York In Hen
messy vs. Wine Growers Association. The
court said:
Defendant says that testimony OF de-
tectives employed to gather evidence liz
always to be regarded with suspicion and
is not to be relied upon In this case. Let
IL be accepted as generally true that
courts should be very carcrul ABOUT lend
ing their aid to enjoin defendant upon
a showing made by witnesEes whose o.o-
make false or reckless or highly colored
reports IN favor OF those employing thetn.
But. on the other hand. IL liz the truth
that IL to be ascertained and II to get
at the facts which are essential to sustain
an issue upon which valuable property
rights depend circumstances make IL I'M
possible TO obtain evidence or misunderstood
persons, II none the less becomes the
solemn duty or the court TO work to
correct finding and in doing so to weigh
all evidence. no matter whether given
by Interested or disifterested witnesses.
,nres.eneu future INVASION OF rlen,s
wnene, p.ooi VI pas' in.as,on eo"'es
''o''' "'e' III o"o N"''''h VI a"o'"e''
Inc right Oh church corporation 10
exemption from TAXATION Tor water uSed
III the operation OF Hs ppe organ WI.
decided ny me Appellate DIVISION second
department IN sun "i bay hldSe he-
formed 'hurcn VIZ. my OF New YORK.
Inc decision was paseu on Jaw passed
III 1881. ekempt'hg such corporations from
a tax for water used, nut tine city authori-
ties contende3 that the church should pay
Tor the water us"d by It's organ Inc
court holds that the exemption Tor pay
ment FOR water used FOR all purposes IN
cludes the operation of the church organ
conviction In the magistrates court
of a defendant accused of disorderlv con-
duct has been reversed in General SEES
slons because the defendant demanded
that he be represented by an attorney.
whereas the court said IL was unneces-
sary in the case of disorderly conduct
The decision Ii based on the section Of
the Constitution of the State providing
that "in any trial. IN any court whatever
the party accused shall be allowed TO APP
pear and defend in person and with
counsel
The decision Of the Supreme Court Of
Error OF Connecticut in Brown vs.. Brown
holds that a woman may maintain an
action against her husband for false i'm
prisonment and assault. The court said
when the purposes Of the marriage re-
lation have wholly failed by reason Of
the misconduct of one or both Of the
parties there is no reason why the hus-
band or wife should not have the same
remedies for injuries inflicted by the other
spous, which the courts would give them
arains, other n,rsons Courts are estate
lished and maintained TO enforce remedies
for every wrong upon the theory that il
is for the public interest that personal
differences should thus be adjusted rather
settle them according TO the law OF
nature No greater public Inconvenience
arise If they were left to answer one
assault with another and one Islander with
another Islander until the public peace
is broken and the criminal law invoked
against them. We find nothing to war
rant the claim that public policy is OPP
posed to the existence OF a cause Of action
for a personal tort in favor OF husband
or wife against the other spouse wh.r,
the wife's identity Ia not merged in tina,
OF her husband"
In heisey w. feouzzlhi IN the supreme
! division wire fence between his LOT and q
! lot where nlaIntir nastured his cattle W.
/ broken. took no stems TO r.pair il and
the following dav plaintirfs heifers passed
! through the broken fence and reached d
| lot lying south OF both Of such lots and
there cropped grass which had been poi
soned in the mixing of a spray for potato
vines, in consequence of which part OF
them died. Defendant did not know thai
! the potatoes had been sprayed. or that
any poison had been spilled on the gras,