The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-22
Court OF Common Pleas.

Samuel Shaddoek u. Robert Shinn, and Joseph Bills =
Assault and Battery damages laid at $20O0-rhis was
waited assault and battery committed by the defendant
board the brig Tarmolsn, OF which vessel Shlnn
master and the other deenoan' Bits mate, IN Novsm
man. and while the vessel was lying in the stream, pre-
psratory to sailing, OF the crew represented to tho
captain that be unwilling to proceed in the vessel
on W hicn the captain Knocked him down. The plaintiff
then remarked that was not right to proceed 10 sea
without being well manned The captain thereupon
seized a hsndspke struck the plaintiff with il the
side of the head and ieled him to the deck, causing TO
him very severe injury The plaintiff proceeded in the
would permit though very roughly treated by de-
PENDANTS, who compelled him to toll when he should
have been under medical treatment He had not been
able ything but biscuit soaked in water. The
vessel to ST. Marks and Key West, and return
ed TO New York after an lapse OF four months. The
plaintiff then applied to ply stefan, Who upon exami
naion discovered that the jaw bone had been broken
and that he was much hurt. The present action was
afterwards brought On the trial tie ply stefan
testified having extracted several pieces from the
wound and produced them in court He also stated tina,
the mouth had become much mortified by the Jaw
naming such length ofme without being attended
The Court charged the Jury that from the evidence the
plaintiff appears to have received serious injury and
doubtful testified by tina ply stefan, if he ever
covers of his jaw. Although the law would
justify the captain in observing strict discipline board
of his vessel chastising seamen in reasonable
for dsobedience Of orders yet they to be
tolerated in using instrument like handspike, any
other dangerous weapon except under very peculiar
the defendants had offered no Justification, and the jury
ought to give the plaintiff such amount OF damages
will compensate in manner for the injury The Jury
retired and after consultation returned with q verdict
vour plaintiff for $3.50 damages and cents
For plaintiff, Mr.. w II. Harmed. For defendants, Mr. H.
Butler.
Before Judge Ingraham.
Rebscca anderson VS. james Bsrtram and others
This shows the immense Importance OF young Ia
dies from abroad who to set their caps
fully for Yankee husbands, and to be the mistress OF
to become American citizens. The action is of
eectment Mrs A. is widow of the late John Anderson
who kept grocery store a the corner Of Henry and
present year. He was possessed Of a handsome estate
(which the plaintiff also toed hard in efforts to
mulate) and bequeathed the whole OF to paintifthe
will stating that al devise and bequeath to my beloved
wife Rebecca all my real and personal property" &C.
and making her and Mr.. w. Bailey executors. The
house No is formed part of and
effort made by those considering themselves
enough share the Oaves and fishes should the viii be
considered invalid to exhibit their title The
of this house refused &c be given to plaintiff and
she brings action against those holding it, For the
defence it contend,d that the plaintiff Is native OF
England has never become citizen of the United States
and cannot hold the property under the will conse
quently has no RICH. to bring action And secondly,
had not been landlord Of the premises in her right
for six months required by law before action Of
eectmentcan be brought and therefore the present suit
cannot be sustained Several witnesses placed
the stand to show the birth place Of Mrs. A One Of
them declared that he had known her from early life
she was Of Birmingham, England, and they
(wness and plainti) born in the Of
Horse Fair in that city She has been here great
ny years She was widow previous to marrying MI
Anderson-her first hui band Mr.. Philip Keland
and they resided New York. Mr.. Anderson, when
alive quently introduced her persons being
tive OF England, and she has acknowledged herself to
be Mrs. A. was in Court were some ladies and
There quite contras, in their countenances tes
timony was presented showing that through careless
in qualifying herself to hold property in
the prospect of sng it, she is likely to lose
ALL the disadvantage of the others. Mrs A. how
ever, exhibited much rmnees, and her late husbands
relations did ell possibly could be expected Seve
raj witnesses tesfedto her being native oEngland,
although no attempt smade in denial verdict was
taken in favor Of OF the defendants, subject the
opinion OF the Court to the points of law, with ber
| ty, sc.
For plaintiff, Mr. Leveridge-For defendants Mr.. R.