Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-21

Edwards.
Seth Couch VS.. Elisha Blosmer.-Ths was Gu
rioas The plaintiff had sold to the defendant
most ncongruous collection of articles for $4,000,
en- which Mr.. John Pendleen, well known in the an
nails of the civil courts had claim of $4,000 or $1,000.
To show slight outline of the system of spccula-
ton we will mention few of the articles =
Maps and plates-map frames, S3O0O
1925 maps for general atlas, 6l5
Several reams of map paper, 2l0
les wooden clocks and patent right, !: 1000
Fixtures and furniture, 1000
Marble, lying in Boston, o.:x :, 4S5
Personal property at Glen's Falls, l048
Bond and mortgage, 3UUO
House in Bedford street; house in Hammersey
street; sales of Wilson's reports of fashion, &c, &c
Amonst this medley doubtless there was great
quantity Of good tangible property. For all this
Bloomcr was to give Mr.. Couch note OF $1,000 in
cash--to pay Mr. Pendeton his claim OF 5000, and
to give Mr. G. quantity of stock in the North River
Marble Manufacturing Company 10 the amount of
$4,000.
The latter, turned out to be not tworth 5000 cents,
and Mr.. Couch alleged that all the solid satisfaction
all his property, would be 1000 on the note for
which the present suit was brought.
For the defence, an offset set up 70 the posses
sion by Bloomer of four Of Mr.. COUGHS notes 10
about the amount Of 81, 600. Also, il was contended
that much Of the property bought by Bloomer OF
Couch was Of no value
The notes of Mr.. Couch, il was proved, came into
Boomers possession some short time after MIR.
Boomers note to Couch became due but il was
not distinctly sworn to that Bloomer had possession
Of bona tide title to those notes before the pre-
sent suit was brought.
On this point the entire suit hinged
But il was stated that after Bloomer had posses
SION of the four notes, he Acknowledged himself a
debtor to Couch for about the amount claimed in this
suit.
The Judge charged that as the plaintiff had proved
the note in question TO have been made by the de-
fendant he was OF course entitled 10 verdict unless
the defendant had succeeded in making cut valid
defence. Notwithstanding the counsel had contend
ed strongly about the original character Of the trans
action, the decision of The court was that il cond not
be gone into under the present form of pleading The
defence therefore resolved itself into the reliance up
on the offset; and it for the jury TO say, under
the evidence, whether the notes in possession Of
Boomer constituted valid offset first, whether the
notes were bona fde due at the time they passed 10
the defendant and mainly whether the defendant had
bona fde title TO the notes at the time this suit was
commenced again 81 him because if he obtained the
title to them subsequently, ne could not then avail
himself Of them as an offset The jury found for the
plaintiff 81 036 81.
Isaac p Martin, Esq. and Henry p. Edwards, ESQ.,
for the plainhff-Western for defendant
CouRr OF SESSIONS, Feb. Sentence Day
Present the Recorder, and Aldermen Bruen, Taylor,
IRgraham, Robert Smith, Randall and Benson.
Recorder.-Put John G. Reese TO the bar.
Ii was done.
Rec.-Reese, the Court have taken into consdera-
tion that you've been IN prison four months already;
ysu pleaded guilty TO petty larceny We've taken
INTO consideration what you say in your letter
you've been in five months already; an odd number
is very ominous; so we adIudge you 10 be imprisoned
one month more, and when you come sui il will be
warm and comfortable, and you can lead new
life.
Clerk.-Put William H. Simmons TO the bar.
II was done; poor, miserable looking object he
was.
Recorders Simmons you forged $40 bill Of the
Farmers and Mechanics Bank of Philadelphia! you
passed il AT the house Of Eliza Raymond who keeps
a sort of public house, or house for public girls,
ed to cure man of the rheumatism, which We oil
know is impossiole this was very bad, and you
| abandoned your wIfc--thats worse.
| Pns.-May have leave to speak word. want
few days to arrange my property 80 that may be
Ree.-Ah, you should have thought Of that before.
You'll probably never live TO come out Of the State
Prison.
Pris-I don't think / ever shall.
Rec.-Well-public justice cant be delayed We
adiudge yoa to be imprisoned in the state prison for
the term of five years you'll be put 10 hard labor, or
| 10 such labor as you can manage.
| Clerk.-Pst Joseph Johnson 10 the bar.
| Rec.-Joseph, you broke into Mr.. Shaw's house,
| and he caught you. You tried 10 run awsy-that
| was very bad-so we adjudge you TO be imprisoned
the prison for the term Of seven years and Elk
| calendar months.
Clerk-Put George III. Walker to the bar.
Rec.-Walker you broke into house and helped to
steal large lot Of property. You gave false &C
count Of where you stayed, that was very bad; and
you married a very respectable woman-that was
sull worse-and not content with one woman, you
tired TO wind yourself into the affections of another
woman, by giving her frock and did SO wind your
sell. thai was very bad wemen are weak, and apt
| 10 believe men lows them when they don't But we
can't blame them. It's only the men that are 10
blanc, so we adjudee you to 60 to the state PRISON
fer the term Of eight years and six calender months
Pris.-rm an innocent man. got acquainted un-
! fortunately with Green and he gave me the things
| Rsc.-Ah! that's the way with all the world
they're all innocent I'LL they're found gsilty.
| Clerk.-Put Henry Thomson TO the har
| Rsc.-Thomson, you broke into store and stole
| a case of shoes-a gentleman came along-you mis-
took him for ysur partner; the night was so dark
| that you didn't zee he was white man; and when
| you did you knocked him down. That was pretty
| high handed measure. We shall send You 10 Sing
Sing for years and calendar mopths
Clerk.-Pst Israel Bowles to the bar.
Rec.-Bowles, you went into genilcmsn's entry
and stole whole lot sfthngs; and ne doubt II you'd
seen young girl there YOU'D have laid violent hands
on her, or have knocked her down. So we sdjudRe
you 10 be sent 10 Sing Sing for the term Of years
and calendar months.
CIerk-Put Edward Tucker TO the bsr.
Rec.-Tucker, you're sad fellow ysu committed
grand larceny you've been once in the State pri-
~ "a. Vns, n,