The herald., 1837-03-09

LEGIsLATuRE-In Senate among the petitions pre-
sented and referred, was one Of Mr. Wiles from the
inhabitants Of Ogdensburgh, for law making cities,
towns and villages liable for property destroyed by
mobs.
In Assembly-Moses Jacques and Levi ID. Slam,
placed at the bar Of the house. custody Of the
Scrgeantat-Arms for alleged contempt Of the house,
infefusing to obey the subpoena TO attend and testify,
before the select committee Of investigation Of which
Mr.. Patterson is chairman. The Speaker named
Messrs. Ogden, Hackley and Van Tuyl, as the COM
mittee to conduct the proceedings, and remanded
Messrs. Jacques and SIAM into the custody of the
Sergeant at-Arms Upon being again placed at the
bar, Mr.. Jaques claimed the right of being furnished
with copy Of the nerrogatories put 10 him. and like
wise to be allowed to answer them in writing. The
request granted. Remanded to the next day.
WAGER Sufr.-An action was brought in the court
Of Nis Prius, before Judge Sergeant Philadelphia on
the 22d and 23d February, by the committee of the
Friendship Boat Clubs, to recover of the defendant,
Mr.. Charles King the Of $1,000, deposited in his
haRds, under the following agreement The commit
Of the Friendship Boat Club, offer to sail their boat
Liberty, against the Slo0p boat ARIEL for $500 aside
and the Sloop boat ARIEL accepts the bet on certain
conditions, relating TO wind and tide.
The bet was made for August 20th, but the contest
did not of till Tuesday, 23d, when it won
by the Liberty, arriving at the appointed goal few
minutes before the ARIEL. The Judge of the ARIEL,
however objected the fairness of the race alleging
that the mansai of the Arie had been changed, be-
time Of starting. THIS objection he made, previous to
the start declaring, whether they lost the race,
he would claim the money.
The evidence wasvery abundant on both side. Mr..
Oakfsrd for the plaintiffs contended that the atcra-
ton OF the mainsai avoided the contract; and that
therefore there no at all but relied chiefly
on the act ofAssembly, against vice and immortality,
declaring that this case embraced in the general
words OF the act, "any play or game whatever"
Mr.. Phillips for the defendant combatted this pent
and subm tied to his honor, that this case was not
embraced by the general words Of the act, "game OF
play whatever" &c.
Judge Sergeant in charging the jury, was clearly OF
opinion, that the case embraced in the words OF
the aforesaid act; and that the contract alto
gether void He said that the object of the law was
TO prevent Courts Of Justice being polluted by the ex-
animation and inquiries, into matters from which nc
useful results could be had and that the jury mustfnd
verdict for the defendant.
Mr. Phillips suggested tnat the Jury might find fol
he pnln,ih the amount Of the sum they had deposit
ed and the learned Judge instructed them to do 30
thus making II IN fac, drawn bet
CoRoSER's lsaussr-The Coroner held an INQUEST
yesterday the body Of Theodore Hope, aged three
years and six months, son of Mr.. James Hope No.
80 Grove street, who was accidentally drowned. by
falling into barrel Of swill.
BY the evidence, appears that the child stood upon
log by the side Of the barrel IL is supposed for the
purpose efdippng some out when the log giving way.
ha fall head c,ra,noaf in IN tho barrc and thor hsn