The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-02-03

a state bordering upon mental arrangement. He ex-
pred yesterday.
The jury returned verdict that the deceased died
from the effects of fever on the brain.
The poor woman, his wife he has so severely injur-
ed is, we are glad 10 say, now nearly recovered.
AMERICAN THEATRE, BowERY.-Nothing can ex-
coed the success of the new meo drama of Hermann
indeed should succeed, for it one of the most mag
nfcent things ever produced on the stage-the dress
es decorations properties and scenery all got up
in style to reflect the greatest credit to the manager.
We hope the result will prove to him the advantages
of giving the patrons of this establishment all
casoxs, their worth for their money. Those who have
not seen it should go early-every thing is now in
perfection.
CouRr OF COMMON PLEAs-Before Judge Irving
Mary Ann Wood per James Wood, rersus Eber
Wheaton.
This was an action on plea of trespass on the
case wherein damages sought to be obtained
for the injury sustained by the plaintiff by the fercible
entry and detention Of certain property, being
slaughter houseS the OF No. 43 Second street.
LIST avenue to which the plaintiff claims toposscss the
just right and title.
To understand the merits of this case, is necessa-
nv to state that originally where the property in ques
ton now stands was lane known by the name of
"Orchard Lane" which being shut up by the street
commissioners, the tenants on each side advanced the
boundaries of their property to its centre, concluding
their deeds conveyed to them such privileges.
one Wood, who subsequently lost possession of the
property by foreclosure.
The property several times changed hands, until
the lot No. 43 fell into the possess Of the present
plaintiff, who is an orphan aged about l3 years. and
now under the guardianship of Mr. James Brooks,
who brings this action as her trustee, against EbcT
Wheaton.
In the course of his professional duties Mr.. Whea
ton, the defendant, who is lawyer of long standing,
and has been judge looking over some deeds present.
ed for his Inspection discovered, it turns out, inn
agined he had discovered, flaw in the deed of con-
veyance by which the plaintiff holds her title to the
slaughter house lot in question.
Lawyer Wheaton upon finding this mares nest,
rubbed his hands, threw one leg the other and
said 10 himself "Ah, ha J" words of very emphatic
meaning with legal gentlemen. Already he prospec-
inheritance, and as his legal knowledge had iasght
him that possession was nine points of the law, pos
SESSION he bestrred himself to obtain.
To effect this object he went TO the conveyer Of this
property and purchased "nght title and interest," to
the slaughter house and the lot which it stands
and laying aside the judicial sword shouldered
bar, and proceeded with laborer and Mr.. Thomas,
the police Officer drriere garde, to make forci-
BILE entry thereon.
Being dspossessed under the "act to prevent forci-
bl. entries and detaners" the conscientious Judge
brought action TO recover possession, in which he
cast and had to pay the costs of suit amounting
TO sll0.
This action having decided the question of right Mr.
Brooks turned round and commenced the present suit
for the wrong and injury done to his wa ID.
Lawyer Eber Wheaton opened his own case but
deemng il would not be mark of modesty sit and
listen to the praises the opposing council wsud doubt
less bestow upon him for his honesty and rccftude
| in this proceeding entrusted his closing defence TO
Counsellor James Lynch who made an ingenious
appeal to the jury, and strove 10 impress upon them
the innecency and "the thinking he was doing quite
| right of Lawyer Wheaton, who he now acknowled-
\ ged to have done "very wrong"
Charles OConner SO, ia submitting the plain
tiff case the Jury, treated the defendants conduct
with bitter severity. His speech displayed powerful
argument and its irony was felicitous and causc-
Gentlemen" said the counsel, addressing the jury
the defendant for the first time in his life pee
| cari-but when does he say 80! After whole years
course Of endeavor to accomplish his unhoy object
when he found he had got to the end of that lane in
which he had been following my poor little plaintiff
as her pursuer-and that, summoning courage she
had turned and stood at bay-he stopped and permit
ted her TO breathe again not from any compunctons
of conscience, bat from fear in the hope Of escaping
the fangs Of that justice his contempt of her authority
had provoked
The counsel says this action is brought merely to
make mp bill of costs against Eber Wheaton, his eli
en,, or from malice But what malice could little ho-
nest John Brooks my plaintiffs guardian have a
gainst the honorable Judge Wheaton, As for my
SELF was his friend so long as thought well of him
and sorry am now TO declare that my good opn-
ion is extinct. Judge Wheaton brought this pretend
cd claim in August, 1885, and he had from that time
until the LIST May ensuing, to reflect upon the conse
quenccs of his actions AT this time finding he could
not gam peaceabe possession, he determined TO effect
il by the potency Of crowbar-brokc open the pre-
misses, and installed police officer Thomas his To-
cum tenens.
But the learned counsel says to you, gentlemen of
the jury, If you give six cents damages the law will
turn il into PENCE, and shall have large
bill Of costs 10 pay!
DWELL gentlemen, who is better able 10 pay costs
than lawyer, who pockets many and especially
Judge Wheaton, who has had very pretty corn,Ico-
pin of them as his shared private individual who
had committed himsefin this manner, would deserve
10 pay smary for his misconduct-bur lawyers stand
in rather different poston-he has his legal know
ledge continually admonshng him of the wrong he
is commtting-he sins against light and evidence,
and deserves TO be considered marauder and
a plundcrer. But when the plunderer Is moreover n
lawyer of great experience and fills the high stations
which Eber Wheaton has filed TO how much greater
extent shall he not be amenabs to offended Justicef
Only think Of Judge shoulderlng Q crewbar 70 in
wade the property OF an orphan child, ana taking with
him laborer and police sffcer nv witnesses 10 the
magnanmity of his prowess
"Gencmen, there is no greater justice can De
meeted-thTe il ne greatsr punishment can De m
Hcted than that of making the son OF avarce pay out
of hrs behaved coin the wages OF his lniquity.
Ceptlemep. personally can have no feelings Of
bosnl,v 10 Mr. Wheaton, bur were such another case
10 con,e under my management, should do precisely
40 have now done, and endcavor to find words 10 sx-
aross NV Indignation and to flash the caitf naked
through the world.
fbo al. ~.