Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-04-06

tai part, by distinguished soran, residing in Bash
wick, on the road from Brooklyn 70 Bath. Long L.
land. 4
The bsilding is for country residence. 1t 10 ~
feet square, the foundation standing on Is arches-
From these arches rise 20 columns and plssters each
80 feet high, adorned with entabIaures designed diff
ferent from any existing order of architecture and de-
nominated the "Columbian." II is impossible to do
scribe them inlanguage-they must be seen TO beun
derstood. The walls columns and ornaments are
so disposed AZ to present at every point perfect
view, with picturesque wings extending from CON-
mon centre and beautiful pediment.
We shall take another peep some day, and report
progress again.
HsrsERr's NEw NovEL.-The Harpers have just
published Cromwell-a National Romance" by
WB H. Herbert, the writer Of The literary arti-
ces in the Courier. We have heard said that this
work is written with talent and genius. We taste and
try, at our leisure. Move! reading nearly close
in these latter days and this may be deemed the
last leaves of summer"
CoReNER's INQUEST on A LIVING WoNAN.-The
Coroner yesterday held an inquest on the body of
Mrs. Ann Mackenzie, who keeps house better
known than respected, in Duane street. IL APP
pears that late on Wednesday night well dressed,
good looking man, went 10 Mrs. Mackenzie's house,
and wished 10 sleep there She at first refused, bat
ultimately told him ha might sleep in her bed and
she would sleep up stairs. He wished her to sleep
with him, sut she refused; and before any Of the IN
mates of the house were awake, he knocked her
senseess the floor beat her head brutally, broke
her jaw and cheek bones and ran Of, leaving her APP
parently dead. His name is unknown, and he has
not yet been arrested. The unfortunate woman is
not expected TO live. The and Jury took the
examinations OF the witnesses and of the victim, as II
was feared she woad not retain her senses long TO
detail The outrage.
SurERloR CorKT.-Thursday April 5th-Before
Judge Oakley
c. r. Brown vs. the Jstft rson Insurance Company
This was acton brought 10 recover 50 500 the
amouat of policy ofinsmance Mr.. Brown in the
beginning of last year, bought the stock and good
will of the grocery at the Of Elm, and Pearl
streets. Gn the morning of the Sd Of May fire
broke ont In the of tbs store and destroyed two
or three buildings Mr.. b. lost all he had there Yhe
circumstances Of the fire were fully proved, and that
II burnt out accidentally. The amount of loss
proved. The policy was proved for $1,000 on the
goaos, and $500 on the furniture.
The defence set no fraud; and 10 sustain this,
they brought some person who was an enemy 10 the
store but he knew little Of The facts in the cass they
then brought two three others, and they knew stl
less.
Judge Oakley here remarked that this mode of
procedure very like uif1lng; bringing up wit
sesses TO testify, who knew nothing Of the matter.
Hugh Maxwell, counsel for the defence, took this
reprsof IN silence.
They then read the testimony of deceased boy
who sworc that his mother sent him 10 the store
very often for GIN; and thai after getting great
many times a las, they told him they mad no gin in
the store. In his affidavit, he said that his mother
was :" mol always 20 drunk as 10 be cay; for some
times she knew what she was saying"
a loss of large amount of GIN ged 10 |
have taken place by the fire.
To rcbuf the boys testimony, the clerk said that
ne told the boy they had gin IN the store because
the mother gave il the baby when she could get IT,
Jadge Oakley-Oh, no one will believe that they |
were wthou, gln because they refused 10 let that boy
have IL.
The case was then Submitted under the charge Of
the court.
The Judge charged that the defence rested on a [
douh'c aspect. FIRST fraudulent miss'aiemeni of
tive loss; secondly an accidental mis-siatement.-
The law the first point was, that if the plaintiff
frauduleny and knowingly overcharotd his lors by
he fire, he vaIcd hispolcy, and could no, recover
cent.
They must first decide this point Again. they
10 look and see If any accidental overcha reehad
been made and if so, they were 10 deductit. Doubt
less the clerks had made the account 10 the best of
their ability; but in all fires, every man liable 10
omit reckoning many things destroyed that were of
great value 10 him. and the law for jures 10 make
4 very liberal allowance for sil just losses.
The Jury Immediately found verdict for the plain
I'll, damages $500
Altogether m was enc Of the mos, unjust cases
reared in court for some time and that will re-
dound very lirtle TO their credit advantage They
had not n shadow Of defence 10 sustain the cruel
charge of fraud made against worthy citizen.
OConnor and Sapdiord for The plaintif-Hugh
Maxwell for defendants.
Corar or SEss,oSs, April 5--Before the Recorder
and Aldermea De Forest and Greenfield.
John w. Rrair was iricd for assaultlng Carlisle
NORWOOD, Of s. Cedar street.
Both the parties are very respectable young men;
one is merchant, and the oh,r is secretary To an
insurance company Norwood il foreman of Hose
Co No. 5; and Mr.. Brair was foreman of Hose Co
Is. AT the FIRE in Sullivan street, Mr.. BraIr struck
Norwood with hs speaking trumpet. Norwood push
ed him oif The sioop Of the house on fire. Mr.. Rralr
struck h nj then severely the head with his trum
pet. The assault was elenriy proved.
Several hremen were called, who swore in direct
contradiction Ia each o,ker. Mr.. Coates, Of Hose
Company No. Is, said he heard Norwood swear at
Mr. Brair
Mr. Phenix-Mr Norwood, did you swrar7
Mr. NJ never swear an oath under any creniu
stances.
Rccorder-Oh. hat gentlemen Of the jury, we're all
Of u, when get angry, apt 70 rip out an oath.
swear little my self sometimes. Thecase Is with you,
gentlemen.
Phenx-Bat h ave moro witnesses.
Recorder-Ah never mnd-r'll all amount to tse
same thing.
The jnry considered il a very bad case ard con-
trary - the wish Of the court found the prisoner
gully.
Rrcorder-Ab well he's a respectable citizen and