Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-07-13

| Trends OF he province We confidently anucPatc
qaieng Of all trouble from the wise and honest mea-
sures OF the Governor General
The Buffalo Commercial Of Monday brings Tu-
NOR that Sir George Arthur has resigned, IN conse-
| qucDce of the amnesty proclaimed by Lord Durham.
We need hardly say that reqsres agreat deal ofcon-
| frmation.
! The Quebec Gazette of Friday contains precIa-
nation issued by Lord Durham on the Sd, rcvoklng
the procama,iens issued by Lord Gosford IN which
rewards offered for the apprehension OF Messrs
Papineau Brown and Others, their apprehension De-
| ing no longer requisite for the ends of jssice
His Lordship has also organised Court OF Appeals
| the members of which are Mr.. Sewe, CHIEF justice
| Of Quebec; Mr.. Chief Justice Reid, OF Montrea,
! Messrs Justices Panet, ROLAND and Vaheres de st.
Real, and Mr. Arthur Butler, barrster at law, these
gentlemen having been added to the Executive Coan-
| Gil for the purpose.
Lord Durham was to hold levee at Montreal on
| Monday.
| The Court Of Kings Bench at Quebec has award
ed 500 damages TO DR.. O'Callaghan, for public
horsewhipping inflicted by the hands OF DIR. Doyle
| MoRE OF THE EFFECTS OF THE HEAr-In addition
to the deaths we have already published, we have to
add the following:
Michael Kelly, laboring man residing at Williams
burgb, died from the effects of heat immediately af
ter landing from the Peck Slip ferry boat, about six
1 o'clock last evening.
| A man went into house l08 Mulberry street. yes
erday much exhausted by the heat, and died In few
minutes.
An elderly woman was found dead in basement
in Grand street. yesterday. She lived alone, and was
not discovered until the last stages of pu,re(acion
neinmates above for some time previous had suffer
| cd greatly from an intolerable stencil The house
had been searched from top to bottom, except this
very room, until the lady of the house recOllected
| that she hid not seen tho old woman for some lime
and on bursting the door open, discovered her in the
| situation above stated.
man by the name of james Johnson, employed
in the West Pcnt foundry and residing at the
| of North Moore and Greenwich streets, died yescr-
day afternoon, from drinking cold water when over
heated. He leaves wife.
The coroner also held an inquest upon the body OF
| David Thomas, aged SO, native Of Wales, who sud-
denly died at 20 Wall street from some cause Hn.
known.
In the Sh Avenue, upon the body of Patrick Casey,
a Scotchman aged 30, who died from the effects Of
heat and intcTperance.
At 230 Washington street, upon the body Of Pat.
rick Jordon, aged 80, who died suddenly from some
cause unknown
At 1909 Roosevelt street upon German, named John
| Shoemaker, aged 81, who was founa dead at the
above premises from some cause unksown. Verdict
| ACCORDING .
/ CouRT OF COMMON PLEAs-Beore Judge Ingraham
| Nathaniel Low Nicholas Coonhovsn and Ar.
thur ~ Sherman.
| The defendants in this suit are city watchmen, so
called, and the plaintiff is member of highly
| pecable mercantile house in Pearl street The diff
culties out of which this action originated, were sta
ted by DIR. Lawrence Gardeniere, for the plaintiff,
|
month of September last, as MIR. Charles Brooks,
| accompanied by Messys. Miller and Gaidensre were
quietly walking down Broadway, when at the juno
ton Of that much frequenied promenade with Antho-
ny street, they there met their mutuaf lends, MrRy-
| an, in company with Mr.. Low, the plaintiff in this
SUIT &c ng up the street. Upon meeting, both parties
hailed fer a few minutes TO interchange the cusoma-
ry civies, and indulge in passing observation or
two things IN general and upon the sha meful con-
duet of the Seventh Ward Bank in particular =
| While the gentlemen thus innocesly amusing
themselves in their ordinary OF voice, they
niruded upen by couple of gentlemen in claret CO.
| ored coats, who as they thought rather unceremo-
norsly joined in the conversation by requesting the
Others, make Of their classic language. to
!" clear out" aud not block up the public walk The
persons who addressed this language 20 the plaintiff
| and his companions not having any thing remaIka.
BILE In their appearance by which the others felt bound
10 pay any respect 10 their order answered them by
| horse laugh. This ndlgnty was resented instanter
by the gentlemen assuming authority, who, unbut-
toning their claret colored coats exhibited tive
| watchmens clubs, at the same time advertising the
| laughers that they were ministers OF peace and in
virtue oil Their authority IN that very quiet, gentle
| manly, courteous, and amlabe manner, which has al
| ways distinguishes those worthy guardians OF the
night seized the plaintiff in this suit by the collar.
| and dragged him TO the wach-house, the repeated
remons'rance OF Mr.. Low, and Mr.. Gardeniere and
his other companions 10 the contrary nevertheless
notwithstanding.
The learned gentleman then called 10 the stand Mr..
Charles Brooks, who bore him out substantially in
| all ne flad stated IN the opening OF the case.
| MIR Counsellor Gardenierc then volunteered his cwn
testimony, in consequence OF the attendance of
| his principal witness, and testified soemnly the
facts eel forth in his statement 10 the Jury. And here
| he rested for the present
Mr.. Blunt, for the defendants, called Mr.. Whiting,
the District Attorney, who testified that the learned
| counsel on the opposite side was man whose cha
Iacier for truth and veraclty was so very equvOca
| that bis statements not TO be implicitly relied
upon.
Mr.. Blunt in opening the defence was rather down
upon his learned antagonist accusing him Of beng
occasionally little 100 pocca in prose and con
quenlly discred able member of The legal profess
zion, and asked the jury TO acqut Mr.. Sherman Of
| the charge, IN order 10 capacate him for witness
IN the case which 'he jury, under the direction Of the
court, had the p0iteness To acct de 10.
Sherman the watchman, was then called 10 the
stand and tes,hed that he, on the evening alluded 10,
| while in roundRan Dress mob Of young men
| standing al the corner of Broadway and Anthony
street, whom he very politely asked disperse. That
they all laughed at HIM, and when he showed his
club they all ran of except the plaintiff ind hs friend
the counsellor the former declaring with divers oaths
that he wished 10 be damned il he wauId nj walk
talk, troll, staRRer, sqat, sit dodge, dog, drag and
dnve-whenever, wherever, whatever and whvsoever
he damned pleased, IN spite Of the wat hmen the de
VII, or any other justice Of peace. Whereupon the
witness seized him and dragged HIM towards the
watch house. Counsellor G.. told witness not To treat
DIR. Lowe IN that manner as he a merchant, as.
sertng al the same time that he counsellor q would
be damned II he wouldn't arrest him the next day
that he was a lawyer and other villalnous express.