New-York tribune., 1841-04-17
Gin Jntclliocncc
Reported for the Nrv-Yc-A Tribune


/ SurERloc CoURr-C Calendar FOX TINS DAY Aprar-y
10 81 2s 81 81 40 ~, a, 45 10 81, So 81, So sss
o.. 81 60 800, :, -. s.
CovRr OF SEss,oSs.-Before the Recorier Judge. l.,
ard Ingl;s and Aldermen Smith and Ferns.
Abraham Mitchell tried for 'telneanor cres
nuisance in Troy Edward Henry dcposed that he
ed TWO buildings adjoining the disIllery, ,ae OF wh
tanin- n,oasses sour beer &c either ovc-o,c or est.
his Easements and left deposit there, filing the air Of
apartments with such footed and offensive smell TO -.
,hen uunhababc without great risk OF health and life
era persons had sckened by il and horse Of complainant,
also been made SICK and came near dying on account o
NinSev visited he Easements OF Mr. Henry January hr
beset with bad smells and attacked with severe
of the head occasoned by the carbon acid ase
when the apartment filed that he compelled sly
the apartment and seek the open ar Had ne remained
laid down the effects would have been fatal The case,
occasoncd by vinous fermeataon ami are similar daS
in wells. and those gen.raed by burning charcoal Nor
nal will live there Mr. Henry recalled said the wa,erp
public well by rendered useless by the dscharse,r
civilizations from the Distcry the sidewalks a!somn
and smell produced for nearly 100 yards arous
M Judah Counsel for defendant, coniende ha; this
only prrGe and pujl,c nuisance the only remedy VI
By civil action for damages and submitted whether there vi
thing which the Jury could pass. The Cour decided
tina, the 20 the Jury Several witnesses iepo
to the offensive smell from the Dstlery.
+. j. Lewis for defence, deposed that he had for Is Ho
past slept in the distery the watts as mad others an
experienced injury. He had visited the basement
Henry which was filed with carbouic gases from the v
ING a crack hole in the badly constructed walls Of
Henry These evils had been partly corrected by Mr.. M
hy n wall and packed CLAW. Mr.. krcw owned the lots y
buildings of,he Disery and other housen The block ness
and experienced inconvenience from the Ds,ery ku
a nuisance the Dis,ery there long before Mr. Her
put up his buildings. Mr. Mcfarland and others deposelR
the smells injurious offensive MIR Brapdt nla
dcposed that he built the walls of Mr.. Henrys houSe-wu
rht foot thick brick wall and there crack hole III
He considered 'hc basement un,enantabc owing the -
and gases from the Dslcry. There much othe. rs
mony for and against the Dis,iery nuisance end
nuisance. The Jury found the accused no; guilty
Franklin Byrne ,ricd for assault and ba,crycuE
b. Forbes IN 5th October last, by throwing ink bG
against his head and cutting cash therein inch long ar
the complainant had called him liar The Jury found the
fendant guilty, and the Court imposed upon him fine Of s
Robert Foster tried for assault and battery ae
c. Moore the 9th January last. by striking him twice
left withou, provocaon complainant deposel 70
the defence. Mrs Jane Holden deposcd ;hat she, comI
with the accused who is her brother seeing younsh
dies home and that the young ladies who behind CO.
planned that Mr. Moore looking under their bonncs liz
her brother then asked him what he meant when she
Mr.. Moore have the accused by the collar She did II
blows struck by accused but has doubt he struckM
Moore Miss Aanu Frec also deposed tha, Mr. Moore Locke
three times under her bonnet aud followed them and also a
under the bonnet OF Miss Forentinc after which cutfe
sued Miss Louisa Spie and Miss Floren,ne corroborIs
the statements OF the former witnesses.
Mr. Moore recalled utterly denied having looked under M
OF the ladies bonneis or IN any nsuled them The IG
found the accused guilty and the Court fined him s. which
paid
Henry Harrison coored man was arra med for grand s
ceny in stealing pocket book and $50 30 from ohn Gae
No 30 Spring street o. the 26 of February and pleaded g
the Indictment
James browne, colorcd arraignrd and pleads
guilty indictment for burglary in the 3D. degree in b,e
ing into the of Elias A. Day No 25 Hudson .reez
the 18th February and stealing 200 pounds of bacon he
pleaded guilty another indictment Tor burglary in eners
the of Henry Clay No 23i Grand street and stealing
yards Of carpetng the 2oh January Also to an n
men for petit larceny stealing barrel of fish from the soc
Of John Gafrey No. 30 Spring which pleas we're
ceived and recorded and the prisoners remandd for sentence
CoRoyERs OrrIcE-Thc Coroner yesterday held an IT,
quest the house of William H. Wright No e. Suffolk street
the body OF Nelson Is. Holmes aged -. naure Of tbs
State who resided Eatons Island the East Rve~ee
he left wife and three children The deceased was on board
soop Sunday morning last. his his family wte.
OFT the Wallabout gun loaded with duck shot, that s
companonay by sudden tack of the vessel was
on the cabin floor and discharged by the conclusion
The load driven through two boards and then par,
entered the left eye and the residue the face Mr. Hon.
who seriously injured and after the vessel ran acros
the river and landed him the foot of Broonc street with
face much swollen Intelligence OF the accident was sent M
Wright who IS MS brother in Law who removed him 70 tJ
house and for DR. D. Wells who attended and dressedh
wounds. On Wednesday inflammation 5 the brain havni
ensued DR.. J. X. Wood also called in who found ",
Holmes III state and insensibc bn despite Il.
efforts Of both physicians Mr. H. died Thuray nigh, Yer
diet that he died IN consequence OF being accidentally shot
board OF sloop in the East river on Sunday lat
The Coroner also held inquest the ho.c OF B FARM
ton corner OF Montgomery and Front streets on ,S body off,
unknown man. aged about so who found floating he
dock yesterday morning, az the foot OF Clinton street He h
aPparen, been in The long time and was clad in b1
rock black cloth plaid crava wht. shirt drab pis
falcons "ooen hose and brogans. Verdict found drowned
Police OrrfcE--BurgLars Arrested-The store fMeea
Spear Patton No. l4J Water rousy
ed on the night OF the 10th July last, aud robbed Of si9n
money and named David Miller then arrested as
the burglars who imprisoned but obtained a
and has as yet gone unwhPped Of justice On ae.s
Miller his two companions in crime Charles son and Hg
Morton alias Van Liser hastily fled the CITY and reml'
ed absent until few days when they re,urned 0r
a. NJ c. Smith Walker and j. l. Smith having heard Of ef
return soon icrreied them out and arr.ed they ws'
lodged in prison for trial.
lhett-Ann Gallagher was yesterday arrested and eooys
tor ieang 80 yards of Muslin from NJ Hale No.
l2a Grand street.
John H. johnson arrested and imprisoned for stealing
ha from l99 Division and Maria Smith lodged in S
Watch House and imprisoned for stealing chair the bal
OF Z. " Goodman, No 8 Roosevelt St
a woman named Bridget McQseen found corcealsd
na alter o'clock yesterday morning in the house OF MS
Lockwood, 39 Pearl ST. and sent TO Peni,entar IT.
grant.
a Der4tet Daushter-A lc girl named Virginia Deveia
VINO lately resided with her parents - Christie had re
acquired such habits OF vagrancy and dsobedeace that
became entirely ungoyernabe She would 90 and remain on
until very late hours night the :, company and o.
Thursday night found By Officer Reyea the Sd ner
theatre IN Chatham IN the society OF the rai and dIsso
and lodged the Watch House Yesterday her father out
of duty made affidavit the Police Office OF the iseS
OF her and requested that she might be the Hca
H.C,,, -bar,