Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-14

When Justice learns TO spell, he may then aspire
to further notice from Gil BIAS.
CouRr OF GsssRAL SESSIONS, June l3th.-The
Clerk called the name Joha Reed, and ordered him
to be put 10 the bar.
Hays called the name of one juror, who look his
seat in The jury box. WhercupoR Mr.. Prescott Hail.
the part of the prosecution, read an affidavit in the
case of the People vs.. Smith g. Tswn, stating the
absence OF material witness, and moved for post
David Graham, ir. for the accused, complained of
the hardship of his clients case; he had lain under
the stigma tor the space of thirteen months without
an opportunity of being heard in his defence. The
charactero OF the accused stood high the community
and every minute delayed IN the investigation Of their
case, was Of vital importance 10 the defendants
The Court set down Tuesday next for the disposal
of the case.
Mr.. Shalcr. Ihave motion to make, if the Court
please, in o case Of peculiar hardship-ts concern
ing man who has deserted his wife.
Court We've gotu prisoner in the box, and ju-
ry partly empanelled in cause and the cour, is not
disposed 10 consume the balance of the morning in
hearing further arguments.
The prisoner John Reed, was then put upon trial
for petit larceny. Dennis ORourke testified that
the prisoner was IN his house in Anthony st, when
pedlar woman came in and Land down her basket
Prisoner negotiated with her for sha wi of the value
of shngs and offered her s5 bill to take out the
price of It, She refused TO change It. and the prissn
er said he would call back three hours and pay her.
which was agreed to- He did not, however, come
back at the time appointed, aud the complainant see
ing him pass by the next dav, caused him TO be ar
rested and locked up. Mr. 0'Rourkc could not sue.
coed IN establishing the charge Of larceny upon the
accused by this kind Of testimony, and having no
thing farther to show, the jury of course found him
NOT GUILTY.
The Battle Of the VanderbHs.-Jacob Wander
blt and Thomas Lipp ncott tried upon cross
indictment for assaults and batteries upon each
other. The parties are both talors by trade-Llp-
pncott was boss and Vanderbilt was his apprentice
That on the 18th Of April last Jacob came up 10 him
in his store and, for reasons which he shous hcrea
ter state, gave him bow with his fist which wit
ness retallaicd by kicking him posferiori. What
led to the difficulty was, that witness had occasion
to correct another hey in tho shop for some of his in
science, when Jacob interfered IN the boys behalf
beloved like wild beasi-pounded wines. almost
10 . Jelly, and esssyed 10 bite his ear of. Witness
was exasperaed at the boys because they contradict
cd him. Pete the small boy, was the worst; ne was
always contradicunR him. w iness told hlm upon
that occasion, and IN presence of his mother. snow
Pete, you cont step contradlcting me, I'll wallop
YOU And he did continuc TO contradict witness un.
I'll witness lost all patience and then he sorped his
face; whereupon Jacob Vanderbilt Jumped Of the
shop beard, new right into witness, and committed
the ASSAULT complained Of
William Vanderbilt testified that Mrs Lippnco,t
sent her bl,ck girl Molly" to order the little bey
Peter, TO bring log up stairs. The boy did rot 90
Immediately, bat continued his work upon the shop
board, and grumblcd about not having chance 10
learn bis trade a. which LppIncoit got angry;
he come down like tiger. and beat him with his ist
until the blood flowed. Alter this Jac,b Vanderbilt
inisrfcred, and pounded Lpppceit with his fiat Lip
pincou called jacob wagpsbound,n and kicked
him out Of the shop In the Jpslle Jacob got hold of
Lippince,ts nose, and Lippncoti got hold Of Jacobs
hair.
Jehn Vanderbilt sworc that he saw lsrps cut on
JAG BIS head, and brulse on his leg tho da, after
the battle 10y
Catharnc Vanderbilt testified that Peter her son,
came home on Thursday morning with HIS face
much bruised and swollen and ono Of his eyes hInek
ed Went down with The boy next day, TO enquire
about the matter. When Lippncs,i csmc in nc said
he thought that Peter wanted tn hc Boss. Witness
said she believed he U'ppnco,) wanted 20 he
brute, or he would not beat and abuse child Ike
that IN the way he bad done. Lppincou Denied ha-
wing beaten him, and Peter stuck 10 i that ne did
This was the contradiction spsken Of BY Mr. Lippin.
cot, which induced HIM 10 sIsp his face second
time Witness caught him by the arms and said he
should not bea, him; that he hid beat h,m enough al
ready. Lippinco, psshed witness aside and cont
nued 10 beat the boy and then Jacob said he could
not stand ", evrshcr sf II, any 'cngrr, und re jnmp
ed on the shoo board and ihrsshcd mr Thomas LIP
pinco,t a. before related II wss proved slss thst
ihr boys were net bound, srd the ccunsel for the
vsndsylIss srssrd inst he prc~ccu or had no right
4, hrns h,s complain, IN 'hs court inssmuch ss he
had ret pr.vcd that snv assault had been commit.
az. ho-c IN ooifd sE TN "A ,l.a.