Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-07

John Mcintyre and others. This action Was brouGht
10 recover two Promlsscry notes Of e23465 each,
drawn on the 9Th of May 1886, payable to and en-
doris dby the defendants. The defence set up was
that the notes had been given without any consdera
tien which fact not beng clearly established to the
satisfaction of the court and jury, the jury found
verdict for the plaintiffs for the amount clalned.
SUPERIOR CovRT.-Lews Reed VS.. r. s. Faulkner
and George Mount. Action TO the amount of
promssory note of $3.50, drawn by Joseph M.
Faux ner and endorsed by the defendants. Defence
-usury. II was proved that the defendants had bor
rowed from the plaintiffs $780, and had given him a
note for 500; that $3.50 was paid upon that note, and
that was to recover the balance that this suit was
brought. Verdict for the defendant.
Joseph A. Perry recovered yesterday from Ry-
nier Wortendyke verdict for five hundred dollars,
beng an amount out of which the plaintiff was jock
led in the exchange oft horse. The only facts Of the
case WERE that at the time of the exchange the horse
was warranted by the defendant to be perfectly
sound and in good condition-whereas it appeared
rom the testimony that the very day following the
exchange, the horse of the plaintiff was found to be
afflicted with that Distressing disease, incident 10
horses, called the bolts.
CouRT OF GENERAL SESSIONS, Tuesday, June g.
Before the Recorder, and Aldermen Cook and Will
iams
The following gentlemen compose the grand jury
viz
Ogden G. Edwards, foreman; Henry A. Brown,
George Deltnek, Samuel Nissan, John r. Lewis
u, IN
Thatcher Tucker, John H. Williams, James Wilson,
Charles P. Bostwick Samuel B. CASTOR, Charles
Chamberlain, Thomas Hyatt John Moorehead Ezra
S. Conner, Charles Merchant, Nehemiah Lounsber-
ry
The Recorder charged the grand jury to be vieilant
in their efforts to break up those rascaly lottery Offices
and bring the dishonest dealers in lottery tickets to
punishment. His honor considered this one of the
most evil practices of modern timesnone but unprn-
cpled knaves, gamblers and spectators ever engaged
ia this dlsgra, eial busness-a traffic that enriched
the yenders by reducing the purchasers and their I'M
fortunate families to penury and want. Who could
the Recorder have aimed this shot at?
In the of Guy Pearsall and William Jones'
implicated with Patrick Tracy and others, charged
with robbing Mr.. William Post, valuable information
having been given by them at Tracy's trial. the Dis
trict Attorney entered nolle Prosequl and the pr-
soners were discharged.
James Downing, dock wallpaper was put upon
his trial for stealing jb, two yawls and lot of
cordage and old iron, from Francis Secor, Washing
ton street. Timothy O'Leary, Junk shop keeper
testified that he bought the sail from the prisoner for
the sum of four dollars and the rope and other art
Giles for one dollar. The yaws being found with
the prisoner, the jury were constrained to find
dict OF petit larceny only The Recorder rebuked the
Junk man for his participation in the transaction with
caution that he had better mend his ways lest he
should be placed in the predicament Of the pr-
soner. The prisoner was then sentenced to the Pc
nltentary for six months.
Theodorus Ross an elderly gentleman apseared 10
defend himself against the accusation of one Henry
Ayres, Waterman, who charged him with cemmt-
ting an assault upon him while in the discharge of
his duty. The complainant deposed that he found
the defendant one night making great noise in front
of Dir. Cross's premses-demanding his rent CRYING
watca, and making row 10 the serious annoyance
OF the neghborhood. Witness expostuated with the
prisoner upon his uproarous conduct The prisoner,
darng the scuffie, said he was lawyer, the annun-
cation OF which fact inclined the witness to lei him
alone but he had no sooner let loose of him than the
other drew sword cane, which he fiourished around
to the great peril of the bystanders, and to the wit
ness in particular.
Other witnesses proved that the defendant was on
an errand of mercy in behalf of an old cdy who was
lying dangerously sick in of his tenements with
the small pox Dnd who had directed him to the house
OF Mr.. Cross to procure a nurse; that when he had
made known his errand TO Mr.. Cross the latter spit
In his tace twice, and told him TO be off and il was
then that the defendant commenced making noise,
and calling the watch. A number of witnesses de-
posed to the general good character of the defendant
and stated that he kind hearted benevolent
man, and well spoken Of by all his tenants. The
Court remarked 10 the jury that the whole case had its
orieln IN all probability, IN misunderstanding, and
that If the jury thought they might very properly
find verdict of Ret guilty, without mpugnng the
conduct Of the Waterman.
Verdict not guilty And the Court adjourned
Wednesday, June 6.-Befors the Recorder and Al
dermen Cock and Williams.
Edmond Burke was put to trial for lbelling Mayor
Clark. His homer appeared at the District Attorneys
desk.
Counsellor Strong appeared for Il defendant.
District Atorney-Prisoner are you ready for trial
Counsellor Strong-Not ready If the court please
Recorder-Why mott
Connsel-Because, your honor, we wish time to
bring eur witnesses into coart.
Rccorder-What do you expect to proved
Counsel-We expect to prove that the man was de-
ranged.
Recorder-How will you show that7
Counsel-By competent proof, your honor. He
must have been crazy or he would have lbelled
so fine a man as our worthy Mayor.
The cause then put of till Friday
The of the pee pie against Noble Bennett was
pat off I'LL the second Tuesday"
Robert Reynolds was put 10 the bar charged with
stealing from the steam boat Hudson the sum of six
teen dollars in silver, and Il rec finger rings of the
value of rs cents. 1t was proved by the Captain Of
the Hudson, that German passenger in the tow boat
had been robbed Of the property and upon searching
the individuals on board the property was found up
on the prisoner, who was also a passenger in the
same boat The proof Of his guilt was conclusive
and the jury convicted him. Sentence Penitentiary
SIX months.
John Prime pleaded guilty to the charge of stealing
q number OF gold coins from the house oil Eli Brady
to the amount Of $50. The prisoner was remanded.
William Williams, black, charged with stealing
four cart wheels was put TO the bar for trial The
complainant having nothing to efIcr but hearsay evil
dence, tho prisoner acquitted. And then the
Couri adjourned
CouRr or COMMON PIEAs-John George Roscn.
stein Robert Steel. The plaintiff in this case s
German physician and the defendant was one of his