
    The People of the State of New York, Respondent, v. Frederick St. John, Appellant.
    
      People v. St. John, 89 App. Div. 617, affirmed.
    (Argued April 28, 1904;
    decided May 17, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17,1903, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the plaintiff upon a verdict directed by the trial court.
    
      William Brennan, Jr., for appellant.
    
      John Gumi-een, Attorney-General (Thomas G. Bv/rTce of counsel), for respondent.
   Order affirmed, with costs ; no opinion.

Concur : Parker, Ch. J., Gray, Bartlett, Haight, Yann and Werner, JJ. Not voting: O’Brien, J.  