The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-12
Court Of Common Pi. rs.
Before Judge UlshoefIer.


TUESDAY, JAN. IL Joshua Th,uston " Josep
Hunt and Thomas Bell-This action Of re
plevin, to recover the value Of piano forte which
had been let by plaintiff (who keeps piano iort'
manufaetury at No. 259 William-street,) TO Mrs
Phebe Griffin, at So month-the said Mrs. GTif
fin hiring it professedy that her might learn Il
play. The son and mother, however, played tune
that Mr.. Thurston did not like, for they pledged
the instrument to DIR. Hunt an auctioneer in Ann
street, who advanced S75 on it. Mr. H. sent il tc
the auction store Of Mr.. Bell, where it was dis
covered some months afterwards, but the defend
ants refused to give it up. Application was then
made to Mr.. Burr Wakeman, guardian Of the SOD
for pay, bat he refused, although he admitted that
the young man would be entitled to $780, 600 left
him by his grandfather, when he became OF age
Action of replevin vas then instituted bat the IN
strument had been sold and the defendants held ia
answer in its value. For the defence it was con.
tended that MIR. Thurston had sold the piano forte
TO Mrs. Griffin, pay to be made by instruments
but if even So it appeared that neither instament
nor hire had been paid-Verdict for plaintiff, Sl7O.
For plaintiff, G. Maggie, Esq. For defendants Edw.
Sanford, Esq. and Messrs. Cook and O'Brien.
UiHiam s. Dererna vs.. John X. Scott This
was action for SANDER. The parties are some
what celebrated. Mr.. Deverna as a most excellent
carpenter for a theatre, and Mr.. Scott per-
former. Mr.. d. also keeps porter house at No.
40 Pearl street.
Mr.. CHAs r. WILLIAMS, last maker, deposed
that he was standing at the door Of the plaintiff
between ii and IL O'Clock on the 18th June last,
when the defendant came along accompanied by a
gentleman arm in arm. Mr.. Devcrna and Mr..
Scott shook hands, when the former asked the lat
ter il he recollected borrowing $50 of him Scott
replied that he recollected borrowing it and also
recolected paying it next morning in presence of
Mr. Robt Dinneford. Something more was said
when Deverna exclaimed 81 forgive you the debt
but am compelled to callyou liar" Scott remark
ed that he ''would give him $40 if he would GO
into room with him" The plaintiff replied that
he was no fighting man. and besides, was a cripple,
having hurt his arm. Finally Scott called the
plaintiff Backyard and thiG [For these
words action is brought
GoRMAN SoorT called-The witness was gen.
teel looking young but had had the misfortune
of receiving an ugly black eye On being
what trade he was, he said he had been cabinet
maker.
Questisn-Yes, bat what trade are you now
Answer-I am nephew Of MIR. Scott.
Question-Nephsw of MIR. scott-is that your
trade
Answer-I am nephew and companion of Mr..
Question-well, is that your trade-Is that all
you do
Qusstion-Oh Now we have it-You take
care Of Mr.. Scott's wardrobe. Well, sir, what do
you know about this case.
The witness then stated that he was passing the
house of Mr.. Deverna in company with MIR. Scott.
MIR. Scott and plaintiff recognised each other in a
friendly manner How do you do, j. hn"-''How
do you do, Bill passed between them. They had
words mentioned by last witness. On going
away Deverna called after Mr.. Scott, who an
swered-'Oh! you say you are cripple" The
other then said-'Oh, have my right arm still,
and will shoo.l1you yet" MIR. Scott then called
him BLACKBOARD, but did not mention the word
thief. The witness il positive of that.
Mr. ScoLEs, in summing up, took an awful
squirt at the witness black eve, which he said
was evidence of himself and friend being great
SENATORS of the public peace In relation to this
action, he observed, in certain parts VI our
country, where duelling is permitted, man has
got TO answer such expressions as those com.
planned Of with his lfe-but here the appeal
is, it should be, to fair and imparainl tribunal
After being out some time, the jury gave verdict
in favor OF plaintiff for $40 damages and six cents
costs.
For plaintiff, H. II. Burlock and J b Scoles
Esqrs. For defendant, A. ID. Russell, Esq.