
    FRANKLIN, Appellant, v. NEW YOR HERALD CO., Respondent.
    (Supreme Cour Appellate Division, Second Department.
    Marc 2, 1906.)
    Action by Henry L. Franklin again; the New York I-Ierald Company.
   No opinioi Order modified, by inserting a provision ri quiring the defendant to pay the costs and dh bursements of the action to the date of the oi der, including the costs of the trial already hat and, as modified, affirmed, without costs c this appeal.  