The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-10
Court OF Common Pleas.

Before Judge Ingraham.
SEPT. 9.-Ddnid W. Clark Us. John Hcttinger.-
Assauh and Battey.-This case was brought up last
week and suffered 10 go by default, the Jury award
ing damages to plaintiff in the sum of $50 The de-
PENDANTS counsel, however, subsequently moved
that II might be restored to the calendar, which
was granted, and now the ISSUE From the evil
dence offered II appeared that the plaintiff is blind
maker, and the defendant keeps paper hangn
store at 81 Bowery The former saw some of his
4inos IN Mr.. Hettlngers store, and claimed them.
these blinds Mr. II. had bought of aperson former
" connected with plaintiff, and refused to give
them up IL is said that Clark then accused him of
having IN his possession stolen goods, &c, and
threatened TO prosecute. Hettinger seized plaintiff
by the throat thrust him out of the store and vio-
ently kicked him in the groin. The Jury, after a
short absence returned verdict favor OF plaintiff
TOR 500, thus doubling the former verdict.
For plaintiff, Mr. H. p Hastings and Mr. ID
Evans. For defendant, Messrs. Western and De
Witt.
Thomasy. Smith Us Heyrick 81 Ropes-This was
an action tor libel. The defendants are publishers
OF morning paper. A paragraph appeared in il in
curing when two men named Shier and Heard.
who had been indicted on charge of setting fire to
the National Theatre, were TO be tried. The in
dictments had not been pursued, and Heard was
going down to get some friends TO write letter 10
defendants, when he met the former prompter of the
theatre, who had desk at Mr. Smiths Office and
they repaired to the Office together After some
conversation, Smith offered to bring an action
against defendants for libel, and did so Though
Heard says without his wish or knowledge
and held them to bail for $1,000 They al
luded to the subject In their paper, and spoke
OF the conduct, of Smith in severe terms. He
then brought the present action on his own ac.
count They referred to the subject in a similar
manner again, and he again sued them. This was
repeated for several days, that several actions
have accrued I The Jury found for plaintiff in the
For plaintiff, Mr. Brady For defendants. Mr.. J.
Holiness and Mr.. T. Warner
Before Judge Ulshoefer.
Charles Oiof VS.. Michael Bayry.-The plain
TIL was seaman on board the ship Catherine
plying between New York and Charleston The
defendant is master of the vessel. While lying at
Charleston, in July last, the plaintiff was ordered TO
go aloit and hoist flag, being particular to throw
over the lif" to prevent its getting foul instead
of which he sat the cross-trees, threw the flag
UNDER instead OF over the lift, and, in efforts to rk
1t back, tore it nearly two-thirds across The flag
was new, and the officers became incensed. The
plaintiff called down from aloft and some
words took place between him and the captain.
when the latter caught up light pine flag pole
about Il inches in diameter, and struck plaintiff
over the head, hurting him so severely that he had
to keep his berth for or two days. and breaking
the staff The present action is for assault and
battery, the damages laid at $1,000. The Jury
found a verdict for plaintiff in the sum of $50,
which carries costs.
For plaintiff, Messrs Burr and Benedict For
defendant, Mr. J. E. Beers
STEALING NEGROES The Missouri Sentinel saws,
" the AbotlonIsts are still plunderlng the citizens
of Lewis county, in this State Eight or ten days
ago, several negroes were decoyed off by them, and
transferred, as is believed, to Michigan There is,
1t is said, secret combination, extending from the
east bank of the Mississippi through the Illinois to
Michigan, by means (which slaves are transported
clandestlney, to any place whittier they desire 10
60"
NuMBrR OF MnLERIrEs.--The organ of Millersm
Claims that there are at this moment seven hun
vi g,ergyrnen engaged IN preaching the principles
OF Miller and the number OF persons who profess to
believe that Christ will make his second advent
next year, isesmated to be not less than one mil