Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-04-24
Common Pleas.
April 2S.-Beforc Judge Ingraham.

April 2S.-Before Judge Ingraham.
Costing VS. Garretts.-This was action on
promissory note, for $500, and one of no common
character it affected the parties far in their
social re ations, than either merchants men OF
business Previous to the suspension OF specie pay
ments in this city, in the year 1896; the plaintiff and
defendant had been on very good terms with each
other, and in the spring of that year, Mr. CARROTS
borrowed $500 of his Kind friend Mr.. Gosling, for
which he gave his note payable on demand 1t
did not appear that any other transaction took place
between them shortly atterward Costing left the
city, and went on some mining speculaons at Stra-
ker's Basin, where himself and an aged Jew, named
Wolf, had made large investment. Whilst resi-
ding here, CARROTS came to pay them VISIT and
after some conversation, Gosng produced the note,
which he demanded payment Of CARROTS reminded
him that settlement had already taken place, and
affected at what he called the ingratitude of
Mr.. Costing, that he determined on returning home
forthwith. Gosling Immediately instituted salt,
he having the note in his possession, and he said
receipt ever having been given by him account
Of the note Thus stood the on the part of the
plaintiff, at the cement of the suit. the note
was produced in Court, and the handwriting OF both
parties proved.
On the part Of the defendant, six witnesses were
adduced, two OF whom swore that they the de-
Re ndant return the plaintiff the money he had bor-
rowed Of him. and the other four avcrred that they
had heard the plaintiff admit that he had claim
tho defendant. One Of these witnesses was an old
man named Wolf, who had been partner Of the
plaintiff in his mining speculaions at Strakers Ba-
sin, and to discredit his testimony very handsome
young lady was put on the stand who swore that the
that il out of revenge for her exposure Of his
pc rdy that he had given this testimony against the
plaintiff. The defendants counsel therefore put old
Volt on the stand again Tor him to explain 10 the
Jury the origin of his dispute with the plaintiff when
the following Dialogue took place.
Counscl-Now, sir, - II true, as sworn by Miss
Gcssling, that you attempted to have criminal
nection with herr
Wolf-Ah, shentemen, you tnk dat an old
man like me could ever do such ting.
Counsel-Why, you heard what she swore to.
Non-But, shentleTnen, nature! three
years and ten, and she is hardly eghteen! Ii
is true was taken before de Justice, and dat dey
offered five dollars reward for me l ran away
but s'elp me Got, shentemen, il is all Won big lis
and vas got up to prevent me getting twelve dollars
from Misther Gosling
Juryman-Well, should think il most unnatural
thing for Wolf to commit rape Costing, and
the progeny would certainly be Of q strange hybrid
character IL il ever did take place.
Miss Gosng then put the stand, and she
certainly dePosed TO some circumstances which in
clned the Court and Jury to believe that old Wolf
had attempted to do the unnatural deed he spoke Of
with so much horror. Several other circumstances
also TO, which, iftrue, would tend to dis
credit the witnesses adduced for the defendant, asd
the Jury, under the charge Of the Court, found a
verdict for the plainti6-damages S5345o
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