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

refer our readers TO an advertisement in another CO.
umn Of this paper headed Sarsapara it is prepared
by Mr.. A. Underhll, 80 Beekman street. corner OF
William, New York. sole proprietor of the receipt
We have heard il in several instances very highly
spoken Of and sincerely believe TO be the best pre-
paration of Sarsaparila now IN USE The references
which Mr.. Underhl gives will be sufficient to prove
Its efficacy in purifying the blood To be had at 38
Bcekman street
Court OF Common PLEAs.-Before his Honor,
Judge Ulshoefter. and wife Mller.-This
was an acton for damages for an alleged assault COM
united on the wife of the plaintiff by the defendant,
who is, was at the tme clerk in Shipley & Cos.
dry goods store, in Grand street
The circumstances giving rise to this action are as
follows:
Mrs. Farley, who is sister to Mrs. GUN, went with
her in company to the dry goods store and there
made purchase of some calico, amounting to twelve
shllings and nine pence reality but which, either
intentionally by mistake, was, by the defendant,
computed to amount to fourteen shllings, which was
paid by Mrs. Farley.
Upon arriving at home, Mrs Farley discovered the
error and returned to thedry goods store 10 have the
mistake rectifed, taking Mrs Quin, and her brother,
James Quin, with her.
The defendant insisted that there was mistake,
to which it appears Mrs. Qun replied, There is a
mistake; saw the bargain made; and ! will not
| stand by and see my sister cheated" Upon which,
the defendant with piece Of merino he either took
up or had in his hand struck Mrs Quin in the face,
| and sum narily ordered them out OF the store.
| James Quin the brother, who IS quite young lad,
he testified to upon the stand, upon seeing this, said
to the defendant, "why do you strike woman = to
which the defendant replied, "mnd your own busl-
ness or I'll hustle you out, or words TO that effect
| This evidence was also corroborated by the estmo
| ny Of Mrs. Farley.
| Mr. Farley, OH being examined, stated that he went
in the evening to the dry goods store where the de-
| PENDANT acknowledged there was a mistake and
funded the one shilling and three pence over charge.
The defendant, also upon being accused of strik-
ing Mrs; Qun, said "if did strike her. it was merely
| an accident"
In justification of the alleged assault the defendant
called lad who was employed in the store, whose
testimony went to show that the conduct of the plain
tiff Mrs. Quin, very violent; that the first words
she said upon entering the store, were-here IS the
! man who cheated us!' and turning to customer
who was then in the store, she added this is the
man who has cheated US, and ne will cheat you. He
has been advertised in the papers 4.f
Mr.. Norris counsel for the defence, gave yer hap
Nv and ludcrous turn to the transaction. He declared
Mrs Quin did not even know she had been struck I'M
til informed Of the circumstance by her brother But
the counsel says she must have been struck for she
| cried But gentlemen this display OF sensbilty did
not take place until after she had left the store and
walked considerable distance towards her home.
Mr. Wheaton, in reply, dwelt strongly on the nu-
merous instances occurring OF Late wherein ladies had
been inslted by these dry good store clerks and call
ed upon the jury, by their verdict to put stop 10
such proceedings.
Judge Ulshoefier summed up the case, and seemed
inclined TO think that an assault had been committed.
THE amount of damages" he said, "must rest en-
| tircly with the discretion of the Jury
The Jury retired and after delberation of two hours
and half were discharged, not being able to agree
| upon q verdict.
SPECIAL SEssroNs.-Before his Honor tbs Reeor-.
| der Aldermen Ingraham and Waterbury.
The following prisoners were put upon Their trials,
| viz
John Brown, charged with forcbly stealing from
the pocket of John Houser, Dutchman, in the en-
ploy of Sandy Welsh the sum Of five dollars in half
dollar pieces.
The .secutor stated that he stepped into house
in the neghborhoed Of Orange and Anthony streets;
that while he was there the prisoner assaulted and
robbed him of the money in question An officer APP
pretended the prisoner shortly after the occurrence
and the money was found upon him;
The prisoner, when arrested, told long story of
the money being his own, and that he had received it
of a Captain Downing, of the brig Maria No such
brig or captain could be found Sentenced 10 the
penitentary Blackwells Island TO hard labor for six
months, and to get out stone
Levi Slack, and William Brown, charged with
stealing variety of wearing apparel the property of
Mr. Jno. Suite, No. 20 Rose street.
Slack was convicted and sentenced TO the Peniten-
tiary Black rs Island to hard labour, for6 months,
and to get out stone.
Brown acquitted.
Thomas Gushing, charged with an assault and bat
tery Bridget Cushing his wife. Sentenced to the Pc
nitentary BlackwelPs Island 10 hard labor for six
months, and TO get out stone.
This was another Of those brutal we have un-
happily 80 frequently 10 record. The Recorder ex-
pressed his determination to send every prisoner
viced of abusing his wife or family, 70 the pententa
nv for as long a term the law would allow We
hope his Honor will ngidy perform his promise. No
one but idle skulking, cowardly loafers raise
hand against womanknd and whatever punishment
the law awards let il be unreenhngly, and TO the full
extent administered
Judgment was suspended on
Jane Haughought, charged with stealing wearing
apparel from Mrs. Mary Buth No. 20 IL Orange
street.
Charles Conner, charged with an assault and riot,
Thomas White, charged with stealing aniron spike,
were discharged by proclamation.
The Court then adjourned.
Tuesday, Watch Rsfurns-Wm. Gal
lager. driver of hack No. 81, was brought TO the
watch house and consigned 10 its Plutonic shades by
J Mr. James Van vcchten, No. 225 Pearl street. for
fnriousy driving in the streets TO the imminent dan
ger Of the passengers.
John, when safely housed, was found to be 20
drunk as not to be able to with any precision
the questions put to him. In the morning however,
he appeared 10 be quite compos menns, and made
many urgent appeals
ITO be but forgiven this little time,
And he'd never do so any more"
But the magistrate wasinexorabe, and our knight Of
the whip was compeledro shell out to the tune Of IS
fine and 37i cents costs
a OrrIcIAI-Tucsday.-- Counterteiters detect
ed.-Thls morning, officers Bower and Smith re-
ccved information that two persons in the city
from Orange County New York, who, under the