Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-04-03
Law Ineclligenec.
G Crprutr CouRr, April 2.-Before Jusge

n: us 80 INC ascertaned from the District At
torney that he had other witnesses 10 senu
the Grand Inquest, discharged them from any
~ Rvoenn-a sCase.-Mr F. b. Cutting address
ed the Court and said he ready to go on wiz. nc
trial OF one prisoner charged with the muraei " nr
mate The District Attorney stated that TWO o.nei
bills had been found which 1t would De necessary
for the prisoners to be arragned lie was ohiy reay
to go trial the charge OF murderng e I've to
at present. Mr.. Cutting said that he should I'M 49,
have the advantage of full bench; ana ai'ei ;ht
consultation among the counsel, Monuay %,,nrnev
was set down for the trial, and the District
ravaD notice that ne should proceed whether Juass
Thompson could attend or not. MT = haan snh-
that respecting the witnesses who nae racI
pnnaed from Philadelphia, the Marsha VS. ~ -
tha states would not pay the expenses Oh ser
vice et csera and consequently the prisoners inisi'i
i lose the advantage of that tesuhony. ~ - ,,ad
ad ,a ,a.m"nt of their expences would be an after
III confederation with the Court W course .ne eNpeh-
ses of the Marshal would be paid hi' out 'ne parry
aoar;n {he attendance of witness must irst ten
ar the ne csssrry expenses before any attachment
could ssne The Marshal was sent for, and informed
the Court that lie had forwarded the subp@nas to
II The three prisoners were then placed at the bar,
@snd the District Attorney said that he should move
fhr mole prosequt ON those ndicliaenis charging
Is fhem with the murder Of the mate and with piracy
The clerk was proceeding to read the new lndlct-
nents, when Mr.. Cutting and Mr. Dillon consented
to waive the form dity, and to plead not guilty.
The jurors specially summoned 10 Try 'hese PR
soners discharged.
James Cunningham, a native of Ireland. was put
to the bar charged with assaulting Peter rau WIN
a dangerous weapon on the high seas, on the LIST OF
February last ltappeared by the testimony adduced
that the prisoner was hand on board the Rosclus,
Of which vessel Paul was third oihcer; during the
voyage difficulty occurred between them respect
ing " snatchng the forctopsail halyards, when the
prisoner threatened to knock HI and d----n into
the third mate, and shortly afterwards executed his
threat by striking Paul on the head with a large
piece OF scantling which reduced him from perpen
aicular TO horizontal position on the deck OF the
The evidence had all been taken de bene esse, and
consisted of the dispositions of the first and second
mates and Paul, who all swore positively to the
threate ming words and the blow from the weapon.
This was the for the prosecution.
On the part of the prisoner, Mr. Nash said, that he
did not believe he had been guilty of the offence.
charge d. for two First, he held In his hand
the dispositions of three witnesses, who swore that
they stood by and never saw Cunningham strike his
officer. Secondly, no charge was made against the
prisoner until he had instituted SUIT against the
officers of the Ros cius for a hogging which
had been inflicted on him. The dispositions on the
part OF the prisoner, showed that the officers of the
Roscus made Of ieeHe bad language to their
crew. or else the witnesses were under some strange
= nsapprehension.
The Jury convicted the prisoner, and the Court
adjourned.
CoURr OF COMMON PLEAS, April 2-Before Judge
Ingrahann.
Henry Honneq uin, VS.. Sands, Fox & Company
This action to recover the value OF quantity
of goods which the defendants had taken in the
course NJ their business from a storekceper named
Delintash Ii appeared that the latter purchased IN
the month of September last dry goods OF the PLAIN
tiff to the amount of $780, for which he to pay
by his note at six months. The goods were deliver
ed with bill Of parcels and memorandum OF the
sale For some cause other the latter neglected
10 send aud get Deintash's note and IN about two
months aft the transaction the latter died hist,
however ne was his death bed he sent for the de-
PENDANTS in this action, and transferred to them
portion Of his stock in trade IN satisfaction OF debt
he owed that firm. Included in this transfer was
ABOUT 5000 az Inc had "a,e OF tne
paiutif and the proceedings INSTRUCTION. the
purpose of re ring the amount thereof The pur
chase by Dclntash, and the subsequent transfer to
the defendants, were clearly established The de-
fence consisted Of techncaltics, viz:-had not the
ulaintiT made legal transfer to Dentash land ii
So the poss sion Of the defendants could not be
destroyed. Secondly, had he not, by neglecting to
send for the note, suffered iaches, and thereby
waived the conditions Of the sale to Delintash,
" The jury, after patient investigation, returned
IL verdict for the plaintiff, damages S9l9s and SIX
4 cents costs
n GENERAL SESSIONS, April 1.-The following gen
n tlemen were sworn Of the Grand Inquest, viz =
William A. Mercein, foreman-George ID. Cogges-
hall, Thomas ]. Gildersleevc, Gilbert X. Losee,
milford Martin, Thomas Valentine, Morris Wanzer,
I Abraham Weeks, Richard j. Smith, Joseph w. Dur
II zee, Walter &. Sparks, James Ferris, Alexander
1 Mcclure, Thomas Thomas, Alexander M: y; scott,
Jamcn Cameron, Thomas X. Mercen, William b.
Corning, and Dudley F. Arnold .
In the case Of Diron-The conrt informed the
prisoners counsel that they had examined the star
ute and found that power had been given them by
which thew could compel the public prosecutor 10
proceed with the trial Of any accused individu All
that the court could do in such was, on the ex
EXPIRATION o the second term after the indictment had
l-6ecn found to entertain motion Tor the discharge
n of a prisoner on his own recognizances
Mr. Bates said that he had been instructed TO move
their honors immediate discharge OF the pris
IN oner and re mndcd the court that his client was still
kunder bail to the amount OF S20oO -
The court reminded the learned gentleman OF their
want of ability to comply with the desires OF his eli
kent but said they would the amount OF bal
(which They mig ht take under existing circumstan-
Mccs
IA John Jackson, a negro, was convicted OF petty
t1arccny, and also tried indictment for grand
eArceny, WI en- a verdict Of guilty OF petty larceny
tonly was returned by the jury
4 N The court Immediately called him up tor Judg
111nent, and sentenced him to a confinement OF sly
Eononths for each offence.
John Elliot was put TO the bar, and sentenced u
Csix months on a conviction for petty larceny.
NNk Sundry individuals had their recognizances es
Etroated, and the court adjourned.
. n THE GIRAFrE.-Thc exhibition Of this wonderful
W animal opened Monday last, and has been dali,
IA 4rowded by the most fashionable portion OF the com
Ununity As IL remains in this city but two weeks
Ne would advise the pablo to pay this gigantic AMI
ala visit.
N The Poets Quest.
~ What seeks the Poet To be known