Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-05-04
Court Of Common Pleas.
BEFORE Judoe Tnoraham


MAY 3.-GeOrge Ecans VS.. Garrett COnktcrfght.
This action for assault and battery, arising
ont of the unaw ful detention Of dog which claim
ed by Of the parties from the possession OF the
other. IL appeared from the statements of the plain
tiif's counsel, and from the pleas which he had
placed on the record that about the 18th OF Decem-
Der last plaintiff ssessed valuable dog, of year
old The plaintiff at that time resided in 18th street,
within 20 feet of the 9th Avenue, where he kept his
dog in n stable. The animal was very pretty crea-
ture, and much priced by the members Of the family
He occasionally left the stable upon the doors being
opened and about the neighborhood but invaria-
bly, returned (until the act of decoy home. Within
a short period OF his departure, one or two
sions, he went to Wilamsburgh unattended, but
came back again"
After this, appeared from the testimony that the
dog fell into the of the defendant and that
plaintiffs John discovered him there. tied mn.
and nme dately informed his master of the circum-
stance The plaintiff accompanied by two others.
went to the defendants to see the dog, and told
that debt had been incurred for house recm, keep,
and advertising, which he must pay before he could
have his quadruped again. The plaintiff said he first
wished TO be satisfied Of the identity Of the dog and the
defendant took the dog by rope with which he was
tied, ana led him past the window, for their inspec-
tion. One Of the parties thereupon saying "yes he
is ours" seized the rope from the hand Of the de-
PENDANT, when the latter took pitchfork and il the
plaintiff had not stepped on one side pretty quickly
he would have had the pleasure Of feeling how the
prongs fitted his body, for they did perforate his
The only defence set up was, that the plaintiffs
dog strayed to the defendants premises, and that
he was justified In the detention.
The jury under the charge of the Court found for
the plaintiff; damages $50 and costs.
Counsel for the plaintiff, Mr.. Western. For the
defendant, Mr. Sheys.
Moses c. Armenf VS.. Thomas Sfetcarf.-This was
action TO recover damages for assault and bat
terry IL appeared that few months back the plain
till, who Is butcher, was driving cattle into
town, when the poor animals took q liking to some
fine clean water that lay very temptingly in some
vacant lots this side Of Harlem, and the plaintiff
stopped TO permit their drinking Whilst thus en-
gagged, boy and dog began to worry the beasts when
plaintiff struck the boy with piece Of stick that he
carried in his hand. Immediately afterws ards the
defendant came up to the plaintiff and asking him
"why he beat his son." pitched into the butcher
and gave him most tremendous and awful hing.
For the defence il was set up that the defendant
was justified, inasmuch the plaintiff frat beat the
defendants son-abd then threw q stone AT his Jopl
The court and jury howe ver thought othe rwse for
they adjudged the defendant to pay $500 and costs
for thrashing the butcher.
For plaintiff, General Bogardus.
For defendant, Western and John A. Morrell
Patrick MsCuilogh vs. Douglass Robinson.-Mr.
OConnor stated the to the jury. II was an ae-
ton for fraud and from what appeared in the course
OF the learned gentleman speech and the reading Of
the dispositions in support &c the plaintiffs case,
very gross too but the matter stands adjourn
ed 10 Monday next, we forbear giving the details
until the court and jury have passed upon them.
The Court rose at half past FIVE p. M, and adj
iourped.