The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-15

sign, ono private, and myself Col. Nj or nd
Capt. Lasak came in; said il was no use to stay
any longer; Captain Lasak called tho roll and dis
missed the company-to be sure there was no COM
psny Capt l., Went down stairs, and heard the
noise of parcel Of men, but did not leave the hall
myself Witness keeps a porter house in Chat
ham square; is now captain OF the company
knew the defendant, but have net seen him in my
house for nearly year Saw number OF men
about the hall when went in-say three or four
huadred; they were mostly my own conntrymen,
but did not see any OF the company. Am now OPP
posed TO the plaintiff in politics.
JAMES VAN Aux sworn Was orderly sergeant
OF the company. Gave the squad lists to the SER
geants, as told by Capt Lasak, but did not go my
self Am opposed to Capt, Lasak in politics, gave
him my vote for Assembly, but he turned-there
was political feeling in the company against him,
bat also military prejudice relative TO desire Tor
being attached TO the sixth brigade, which was
opposed Saw Capt. l.. come out Of the hall,and
great many people follow and boot after hini-did
not JOIN them. Understood, when the parade was
ordered, that Gov. Seward was in town This
afterwards stated not to have been fact1
Mr.. BOLIVAR sworn-Met Captain Lasak and
Sclosssr going to Marine Court. Did not hear the
latter tell Captain l.. how long he had been here.
Captain ToMPKINs sworn-RecOlects the pa
rade order for the LIST June. 1t issued by Capt.
Lasak, in obedience to regimental orders. Saw
,he defendant, Mr. Newman, at the hall on that
day He took avery active part in Kissing and sx-
citing the people Saw him insult MIR l. by eX-
hibitions ofthis kind Saw him 60 into the street
aud follow Captain Lasak. He was very active in
creating the excitement.
Some other evidence offered, but nothing
very material elected. Then came the sum-
ming up Of counsel-and the way that the Rearer
walked into plaintiff, need not tci mentioned.
His political, moral and military character was
viewed, in no way forgetting the perjury-apd his
attempt to work damages out OF man for honestly
exposing them, showed him to be more foolish and
more wicked than people had supposed him TO be-
The captain and legislator was emphatically used
up-not grain Of his petit body corporate being
Iuff navr ham "A id xunn in fha vOf
bringing him back, bat without avail
The Court, in its charge, stated that the law of
Libel was very plais. In actions on criminal pro-
cess ustific is not permitted unless it be
shown that some positive public good was contem-
plated by the person publishing. But il is different
IN civil suits, where damages sought in Court
Of Law. In this case, where criminal charge is
made, the defendant is justified, provided he can
bring the same degree OF evidence that is required
by a public prosecutor in supporting his allegation
on similar charge, bat il must be done by the
oath Of more than one witness. unfortunately for
Mr. Lasak, the defendant, appears to have made
ont his case-fOr whether misled by zeal to serve
the party, or other wise, he had certainly sworn TO
thatss a fact, which he knew nothing about, and
which rea, was false and, moreover, what he
given to understand as really being so. II
for the Jury, however, to decide.
After being absent about an hour the jury return
ed verdict in favor of plaintiff for Ss25
Before Judge Tallmadgc.
| Jan A-JViHiam Co,oan as. Daniel M Psyscr -
Inc plalntlG KEGS the DaZaar. On y SaODatu
summer he let a valuable horse TO the defendant,
who as to go short distance in the country and
return the afternoon, but instead Of that he
went to Rocksway, over-driving the animal, and
whipping il severely to make 1t keep up with 4
faster horse, which was in company. The horse
was not returned till next day, when there were
large whales its back and sides, as stated by
witness, the size Of mans finger. and the same
afternoon il died Action is therefore brought for
it's value The counsel for defendant moved for
nonsuit, the ground that the horse hired for
a purpose which would be violation Of the Sab
bath, and consequently illegal, The nonsuit was
granted. The following are the remarks made by
the Court on grantlsg the noEsuit -
By THE CouRr-Ths is a contract made between
these parties whereby the plaintiff agrees let to the
defendant horseo be in trav. ding the Sabbah
for purpose prohibited by the Statute In this
defendant agrees to pay for the OF the horse,
and over-drive otherwise nure him The action
brought violation OF this latter part of the agree
ment, 10 wit: msusing the horse in consequence Of
which he died Now this travelling on Sunday spro-
hibed by Statute in relation to the hiring
and OF horse let for the express purpose of
violating that Statute void ard no action can be main
tanned for breach OF il.
Lot nonsuit be entered
For plaintiff, Messrs. kIMBALL and SAyRE.--
Messrs +. MArHER and WIN. ). PIERsoE for de-
PENDANT.