Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-20

and s prosecuted for trespass; had he not levied he
would have heen prosecuted for false return. by the
| plaintiff in the execution.
The Judge charged that this case was highly i'm
porlant il involved several very peculiar points,
and involved the rights Of cilizens generally and
those of officers in particular. The main question for
the Jury was, to enquire what The ofcer had done IN
the premises TO render him amenable IN an action for
treepass to any one. He was commissioned TO exc
cute process oflaw; he did ss-the execution was
against Wilson, he found him in possession, he sold
the goods and returned the balance OF the proceeds
So far he had dsne only his duty. But the plaintn
in this action claimed 10 be the owner Of the goods
sold and sued The officer for trespass. But to prove
that he was the owner, he was bound TO make out ms
title full and clear. AS the now stooc, his title
did net rest directly the mortgage but indirectly
on the abandonment Of the mortgage by Mr.. Town.
send II was thus that he became the owner. IL was
Tor the Jury 10 determine whether this was bona tide
transaction, fraudulent one; if they thought that
the latter was the cssc then the action fell 10 the
ground Again, Mr.. Cunningham entrusted the pro-
perty to Wilson, as his agent and the enquiry was is
the defendant liable for evyng on that; so, every
public offlt er 10 liable either TO party the other
IN serving an execaton. If there was nothing TO pat
the officer on his guard that the property belongedto
Cunningham, then il was very clear that he was only
doing his duty, and 10 not liable action for
pass to any one The then was narrowed down
TO this polnt-did Cunningham place Wilson in pos
session Of his property? and did Anderson find Will
in the full possession of the same? if so, without
any regard the right of actual ownership, this ac-
ton on the part of the plaintiff cannot be sustained.
For matter TO whom the property actually belong
ed, there were no circumstances to the officer
that he was levying the property of an innocent
third party and he was not liable.
The jury therefore found verdict for the defen-
dant.
Police, Jan. 20h.-A thorough. faced scoundrel.-
well dressed well looking and most insnnating
scoundrel, named John ID. King, aged only 10 was
brought up this office yesterday for stealing silver
watch from the mantle piece of honse No. 20 Jay
street, the property of Mr.. Peter Rink. II appeared
that few days since this scoundrel entced little
boy, the son Of the complainant away from home,
and induced him 10 commit felony, for which he
was committed TO prison. He went yesterday to the
house of the boys parents under pretence Of condo
ling with them; and conrived 10 steal this silver
watch in question, but observed and detected
In his defence he stated that he is from New Jer-
sey, has been here about four weeks-has attended
the theatres constantly during that time and we
presume has lived by plundering the public at large
He was committed.
.Jurenile LOVERS of the Drdma.-Last night four
very small boys, named James Flynn, James Stalk,
John Long and David Southland, all came TO the lst
District watch house. and asked for lodgings, which
they were supplied with. They seid that between
them they had earned dollar during the day, but
that being great admirers of Mrs Shaw they all went
to the theatre TO paronze her benefit, and spent
the dollar. They were detained.