Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-07

Der OF lawyers In comparison with the vast array oil
Mr.. Butler and his aid. Mr. Mawbery, made theiI
appearance, and his Honor desired the jury 20 be
called, and then began TO call the calendar himself
Neither plaintiff nor defendant answered in the two
first cases, ana his Honor prec eding TO comment
with his usual justice and severity, on the negli
genee OF the bar in keeping the Court waiting when
his eye caught the case Of the United STATES rs
unham NJ Price, aud turning 10 the clerk, he said,
oi course, the District Attorney is ready in that
Mr. Butler and begged TO state that neither the
defendant nor his counsel were in Court yet and he
did beheve they expected TO get postponelnent for
the term, = =
Judge Tnompson-We ell, sir, they ought to be in
attendance, and have great mind to direct An in
quest to he taken. Who is the counsel, sir9
Mr. Builer-Nr. Morrell, sir. But perhaps Your
Honor would permit IL to pass until Monday; some
arrangement might be
Judge rhonpsoa-Sr, if il passes at all, it will go
% the foot Of the calendar, and won't pledge my
.elf To have il recalled can't be sitting here all
day doing nothing but waiting the convenience OF
counsel Jus, because gent do not fit 10 at
tend 90 their o~n business. I've been sitting here
now nearly halt an hour with nothing 10 do, sir.
Me. Butler III Sind an officer TO Mr. MorreH to
inform him, sir; and in the meantime
Jadgs Th.mpson- Has the officer any authority to
bring bin, sirl
Mr. Bstler-If your Honor pleasss, I was about to
observe that in the meantime there is in whc
both parties are ready.
Atibs critical juncture Messrs. Morrsll and Price
entered and fortunately Tor then his Honor oc-
on their devoted heads. Of course, the other case
mad the priority.
Samuel j Jones ri ais VS. Jesse Hoyt This was
suit against the collector to recover amount Of
duties paid on some bales OF shaggy material manu-
featured Ia England for great coating The
in question: is composed Of goats hair aud orsted,
but the Custom House Officers refused to let it pass
aad in consequence the importers, to save the mar
ke for their goods. compelled to pay the dutie
amounting To @l3o3 10, under protest, and then
brought the present action, to get back the amount
with interest
The District Attorney said that there was no
questisn about the facts and it was mere ques.
ton II law be willing to let verdict go agans
the Government, subject to the opinion Of the
Cowt.
Ills Honor directed the Jury to find a verdict
against jesse Hoyt, for the amount claimed, with
eosts.
Mr. w NJ Price rose and addressing the Court,
himself a, the sui, Of the Government. H. rested
his motion the iijavit and letters which he
shosld read 20 the Court.
The learned gentleman then read document
Wm. NJ Price, ads. United Siates-Soutbern
D,sfrIst Of Netr York, ~. William NJ Pries.-The
above named defendant, being duly sworn, doth de-
pose and saw, that on about the 18th day of Nav
last he, The defe ndan, called upon Benjamin +. But,
ler Esq the Attorney ofthe United States for the
Southern District NJ New York, and requisite the
said Butler to institute proceedings in be half Of the
United States forth sith against this for
the recovery ofthe balsnee alleged to be due to the
L. States That sad Butler informed this de po-
nent that he was without Instructions from the U.
States but that he weald communicate said request
forthwith Go the Department. and spprixe the depo-
pent II tn. result 40 soon as he should receive An
snsw er from Washingtcs.
That on cr about the 18th day Of May, last said
Butler sorSed this deponen that his iastruc lions
were 10 proceed IN the ordinary mode OF les ains
basble process against this defend and that the
eaPiGs IN this cause under the above stated cir
eamstsnees issued against this Ponent or About
the 18th day Of May last, and that the bail this de
posent, Justified a. such on the first day Of June
last. That the declaration in the above case was
not served on the Attorney Of this deponent sutil the
thirty Grs' day Of Jaiy last-that said declaration
contained only the usual money accounts.
That shortly thereafter, said Butler informed this
deponent that he would cause him 10 be served with
bill Of particulars Of the plaintiffs demand in the
course III q few DAYS That ON the fifteeatL dav of
September following, John A. MorreI, Esquire. The
Attorney OF Record Of the deponent. addressed IL
said Butler, aote, Of which the following is CO.
y;
Dsp sia-Unaers;aniing that you have tssurnea TO
the city, Will ihanA YOU TO furnish kooE you
conveniently ith the bill ofpae glsrs Of the PLAZA
uEs declsraiioo in the OF ". W Price sd. T.
Very re'reP'iuily yours, j. A. MORRILL,,
The said Aiorreli informed thi, a. none, ,b., q,
the 18th day OF September last said Butler stated 70
him that he wanted To put some additional charge.
10 the claim Of the United States, that he had writ.
ten On To- the Department last August and had re-
ceived no answer, and that ne had write, 10 IN.
Department yesterday, and would furnish him with
hiii 81 particulars AZ soon az possible. And this
dsPonent further saith, that on the tweniy-eigh,h
day Of September lrst he sJdres sed letter 10 the
said sutler, cf which the following 10 a eopy:-
New York, Sept, assh. isao
SAVING ,ssh rs'sh,'' nior med BY ny attorney, Mr.
the ssteriss for forming the Bill Of Psrtic OF de
msnj. ofthe L against me viii thank YOU 10 r-qaes,
that the be orw srded you a. soon as
sible. am most ANXIOUS that the salt against m. nav be
tried al the ensuing November Circu aId such slate
stand the very general demands So, forA IN the snt
Court
Ian. sir'cr, respectfully, your Obeiien, servant.
And this depopent further saith tina, ON N, I3th
day Of september last, the said Butler caused TO b,
served on the Attorney of this dsponsst a bill of
psrticslars, With notice snsexei thereto .tatiax
IN Substance that the several Of m onsy the
mentioned, together with the interest, so,stituted
the particulars Of p.intia.' demand in said cause
And this dspenent further sith that upon HI. sr.
animation thereof, he found tho same aI,ov,,h., ta
gen.ral 70 answer the purpose for which he b,l
app I'd. for the particulars OF the plaist. d.masd
and be therefore. on the lih day Of November la.,
Addressed letter to said Butler, Of which the fol
lsxing IS copy
Ns- fsss. So, u. 80
sn-ln M earl, psr q las, ron's ,ou isforn-s ne
that you esreotee 20 ress'. hon aepsres, the es
tended ball Of par'icullfs in ny case ~hcA yos Id
esnuy written iof, and could s~ns az sOsa a. yoa
obtain thss from h. iepsrneut tor.,h.r -rs ,sYr
statement u the snounss ~ you 20
tf. sss.noe. The nstaf. ss4 nams~r n th,l,er.
>; ny ssfsnse - rsisiTs ne personally 10 20 20 wsss
ngton and april. " the sutiiors Tor fh.f ss~.,r %
issosanes, pror 70 the trial " NY Aaf .hsl
then have sufficiently r-so,sre< 10 sastls 10. " u.,s
propose 70 Leave isr that purpos. ne iss iastaa,
vou hsv. the goodness 10 hsH.h K<of t.thsi asss
witA tss psriie slars hsrein r-ferr-a @ 90 ar
very respectfully, vOuT 0ses-at ssr,r
WILLIAM " PRICE
Ard ,bi. d.psnen, fur.er .aiis tb., .. IN. lx,h
day Of Nsvesber last, be received letter IRE. ,sa
Butler. ~ Which tho annexed :. s-p, Together
with the paper. tser.is referred 10
L Dwruier Ositsr No y,.s
NJ. 90 lea
"-ln os-rsnc- via the rcqu--t cont.asI IN ,osr
letter Of The tlth last sad With 80 III r.fax ga. A,
Possession, az mr. a. an able 20 % 49, OF ~. ossar. "a
psrtsulsrscf the Uniiei States agsns re- s~uS o..
hers-ih, copirs % crrts, yspsrs vkch la.s r,~.,f
from the Treasury nrpsrm-nt They esrf... ..s H..
rsie your srcouns., such ~snB=r =. -. ...'.