Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-13

- -Neo- = - - HsSus'us - ms
Cosr OF A SMALL sYEcI OF WAR- Col Shaw, of
the Spanish Asxiary LIZ gion has asked the British
Government to pay his men the trhing balance Of
u, 300, 600 for fighting few months in Spain and
doing nothing.s The claim was Submitted 10 the con-
sideraton of the Lords of the Treasury, and the Br-
fish Government we suppt will pay and place il
to the debit side in the big spanish ledger.
Too RArrD sy HALr.-H, n Msiesty's brig Rapid
ran ashore on the coast be tween Tunis and Malta,
and was lost. She was an der too mu h headway.-
This comes other being toe rapsdin her movements.
There is end to the rapidsty Of her Mojesiys
big Rapid.
LocoFocos IN LoNDoN.- The London authorities
seem to be as hard upon psor apple women as the
New Y ork functionanes are and the London Morn
ing Herald is hard on he leeofocos there as we
are, as par erampie;-
Among the numerous mi sances daily met with in
this metropolis, perhaps the tdisgustingis that of
gang OF fellows, who take up positions at the
of crowded thorough ares, for the purpose of
vending obscene cachpenn ~ pamphlets. The en-
trance TO Gray's Inn Hob' )rn, peculiarly remark
able for this species OF oco eco nfamy and to attract
the unwary, wfetched daubs of the most filthy de-
scripton, are exhibited upo placard poles. Surely
the police ought to look 10 this The posr old apple
woman is unoerenioniOusy removed and sometimes
her little stock of frat conf seated but these fellows
vend their disgusting tras h every day, and all day
long.
NIBLos VAUDEVILLE CoMPANY.-This amusing
entertainment which was so attractive last summer
is likely to become all the rage again. On Monday
evening (the first vaudeville night the Garden was
crowded, the pieces loudly appiauded and eve
ny person there appeared highly gratified They are
repeated this evening. sH
!. Go, you will be repaid for your trouble, if it were
only by glance OF the beautiful end smiling faces
you will meet there. auu a.e. ..- 81 @
vAuxHALL GAaDEN.--Wasm wsather-yes, every
body has cause to say so now, and warm weather it
is with vengeance. Well, "rots Of I?-''its USE
less to complain. Keep eoolis within your province,
and according to our philosophy it is wiser to apply
the remedy in all cases. than TO find fault with the
freaks of nature-she will have her own way in spite
of all opposition. nt.fF t1a.ab s,,,.
Pay vaSxhall a visit-try its julsps, ice creams,
&c. The lsxuriancy of the garden alone is a suAi-
Gent indictment. Go and Judge fos yourselves whe-
Their we are wrong in 90 strongly recommending it
to public notice. t-.i. n.a ee Hg
FRANKlIN THsATRE.-Mr Palmer, the universally
acknowledged courteous, polite and accommodating
treasurer of this establishment from IT'S eares. ca
reer to the present day this evening takes his benefit
ness can insure him benefit he merits it, indie
penden,ly Of the interesting miscellany he has an
nounced for the occasion. 5fs.s ~ n l SIS
SupEa,oR Corar, June l2-B. M. Brown vs Jo-
seph p. Webster.--Ths action was brought TO reco
by the defendant TO the plaintiff for the purpose Of
settling a fficulty between them which had s orr
gin in trespass committed by the former shooting
his dog, threatening his life, &c. ail.e ~ b. ~
def rCpa et n na hat uoc maid h>A
been given for the note.
IL was proved that the 29th of October last the
defendant, who was in Westchester upon sporting
excursion, entered the ancosure of the plaintiff, and
while there annoyed by dog Of the latter avery
ferocious animal, who sprang at hun, and frightened
him 10 such an extent rs 10 determine him fire up
on the animal which he accordingly did, and the
charge entered theshoder Of thodos. Plantffthers-
upon came onf and demonstrated with the other at
which tho defendant pointed his gun at him in me-
nacpg attitude, Bat whether with view of doing
| treat was not positively made out II furthermoss
appeared that the planu nothing daunted, advanced
| up 70 the sportsmaa, and took tho gun away from
hum, and Afterwards, IN company with his man, fol-
lowed the eepasser distance in the drection Of
Harlem, threatening hEa with prosecution, for
shooting has dog as soon az he could find an officer
Of the aw TO serve the process And this brought the
parties TO parley which resulted IN agree 10
settle The difficulty by the defendants giving his note
for one hundred dollars payable at 90 days; which
being executed the parties shook hands and
| each upon his own way. na aN IL ~ taaai ~ '.sf
When the note arrived at maturity, IL was suffered
10 be protested for non-pay menL Demand was
4 made upon the drawer who refused TO fork up, on
the ground that the note, as he alleged, had been
| ex,ored from him while in darsss and also because
there had been no consideration given for It. To
support thus, defendant produced witnesses who tos
tilted TO theiaking away 81 The gun and the follow
ing and threatening of his person and also that the
injured dog IN three weeks time recovered Of his
Il wounds and was now as we'll ~ ever. sii T. :.
IL wasalso proved that the defendant made il a
condiuoa athe time of giving the note that in
the dog got we'll the amount should not be paid.
4 Counsel for defendant contended that his client
i had undoubicd right 10 shoot The dog under the
4 circumstances in which he was placed. And he ar
4 eucd from the book. IL had been decided by Lord
Peterborough, that II dog had ever bit persen,
and nc should be permitted 10 al large and ano
ther ind vidusl afterwards shoud be bitten by him,
even though that individual had trodden the dogs
toes, the owner should be made TO pay the penalty
for not having hanged hs dog for the fret offence,
and permitting him 10 con inue TO moest the kings
subjects. Dogs were pablo nusances-peo had
no right to keep dogs upon their premises that would
bite or run a. folks-they ought all to be taken into
custody. wiz yin u Il
The learned gentleman was answered BY the OPP
4 posi,e council, who commended that If mans dog
\ wss liable to be shet b. every person at whom he
basked, or by every stranger who thought proper to
como IN invited upon hs premises. then IL bet
ter for citizens 10 Kill Oft their dogs at once-they
could be OF no use 70 them in guarding their pre-