New-York daily tribune., 1842-10-01

FRIDAY, Sept. 80.
CIVIL CouRTs.-C1RcgIT CouRT.-In this
Court, Bartlett Ely brought action agans, OIircrJ
Steele OF ufao Sc 500 the paid, in 1885,
for lot which buildings efile value in that
city, The ag-eenen, was, that il Nessrs B. became
dissatisfied with their purchase at any lime within years
they could il and get back their money. The prep
erty found 10 be encumberef by mortgage; return
was demanded, and suit brought. The defence is
ha, the agreement receive back no, binding in law
Verdict for paiEtlfiS, IN principal and interest.
Samuel urhans brought action against Maria Ira
phagan (execu;rix OF Jonathan for the recovery of note
discounted for deceased. Payments refused the plea OF
usrry, being asserted that 81 taken for interest IN
stead OF Al cents This ba that the
Of Mr. T. getting the money threw down the dollar and
went of. Verdict for plaintiff, s7c
ComMoN PLEAs-Geo. w. Mcintyre brought
an action of Trover against josiah Aras for So the as
serted of eight which had been furnished de
endant Payment refused the ground that panti
spoiled SCI for Mr. A which these be in lieu Of
and that The present lot did m but saned the gums
The real valne OF the teeth were hard 10 estimate as was
stated in evidence that dentists pay hui 10 10 20 cents piece
them The Jury could not agree anu were discharged
John Rice brought an action against Daniel Beakley to
recover damages injury done to 2ss bbs flour by being
landed from canal boat on stormy day, whereby lhe
beops and barrels became mudded, and IN ured The
Getendsn, wanted 10 land II on Saturday bnt postponed
dens ill Monday at the request of plaintiffs consgnee
The Jury gave nominal verdict for painiif OF s'.
CoBRr OF FSEssloSs-Befsrc the Recorder Judge
Lynch and Aldermen Bonncll and Carr.an
The CASE OF ALLEGED CoSTEMPT-ln the case OF con-
Temp, sedsed have been committed in reference To an
swen. certain questions propounded 10 them by the Grand
jury by c. F. Daniels and Thaddeus Phelps, the Court
RI ed on the subject that witness had sht 10 refuse 10
answer question that would imPcate hmsel; but mat
e inoui-ies OF the Grand Jury premnary in the exhn-
nation of witnesses embraced much more extensive range
than those allowed in Court OF Justice ana reseao1eu
more the examination before Coroners jury Inc ies-
monv however necessary the finding of BILL must be
of such character the rules OF evidence IN Cenr Oh
Law require With regard 10 the fact whether the answer
OF witness might crmnae himself the witness was not by
law to be the sole judge the Court were TO judge in this
matter If the OF witness would tend i degrade
him. bring him into public contempt, he was mol ooiged
to answer them II the refusal answer, however, pro-
ceeded from mere deicacy the disclosure s
confidential conversation, was not legal ground OF e1
enpon and the bound 10 answer. Mr. Phelps
was therefore declared bound the question pro
pounded by the Grand Jury. AIR Daniels declared to
be exempted from his obi TO answer the two first
questions propounded by the Grand jury the ground
that they might mpcate himself but that he was bound
10 answer the third and fourth questions propounded 10
him by the Grand jury, as mol COMING "iIh VIC uieS VI
exemption
The Grand Jury then retired and NessTs Daniels and
Phelps again repaired their chamber TO be inerrogated
touching their knowledge OF the late duel
Aer the lapse OF half hour The Grand Jury returned
into Court with Messs Phe ps and Daniels and, through
proceedings before the Grand jury, and the too"iS q
lions and answers Of the witeeises
FirS ., 10 ir Daniels Question Have You any Aho"
ledge relative The dpel fought between "eoo ' 'i'
shall
A The question deslinc 10 answer 81! lhe siou'' 49,
rns impicate myself.
o Do YOU know d ny person who has that knowledge:
A. | decline to on the ground just stated.
O. Have YOU any knowledge the subject, derived
from either o the parties to the duel or their seconds
A. I decline 10 answer
O. Have you been told by any person that arrangements
for duel were entered into by Webb and Marshall
decline the ground that have suoS'ih-
tally answered the question.
O. Have you any knowledge of the duel between }. W.
Webb and Mr. Marshall derived from ellner ei 'he e'
or their seconds!
A. decline answering, because the answer will crmnale
me.
O. Did you leave the city of New-York in the month OF
June last!
A. really canno, say, SIR lef during the SUMNER ana
went 10 different places
O Was Won in the city when it was said the duel
fought!
A. do ut think was.
Q. Where was you al that time
A. l cannot recollcct
O. Was you in the State OF Delaware during the month
Of June:
A. object 10 answering this question on the ground be-
fore stated.
O Do Won know whether Mr. " .ba lett this city in June
last!
A. For the reasons ju., given tell that Do nj
recollect
Q. Since the lime the duel Is said TO have been fought
have YOU had any, and what conversation with Mr.. Webb
in relation toit!
A. decline to answer; aud wish to say that Cannot
answer any question regarding this aledged duel without
eliminating myself and decline answering to con
versa,ion with Mr. Webb any else in relation 10 ihe
aedged dus whether before or since aedged to have
taken place.
In the case of Mr. Phelps:-O From whom did you learn
that the duel VA, about take place betweea Webb and
Marshall!
A. decline answering this question: because by answer
ing think would have tendency degrade in the
minds OF all honorable men in thi, community
Mr. Phelps addressed the Coar stating that he declined
TO answer from belief that il would degrade him
in the estimation all honorable men, that be had told the
Grand jury that he knew nothing 10 aay way concerning
e duel except by rumo-and added 81 bow to the Court
and yield submission 10 its mandate
The Cour, decided thai Mr.. Phelps was bound c
the question propSunded TO him. and that Mr. Daniels
bound 10 answer the fifth ana last questions propounded
him and he returned 10 The Grand Jrry room.
Mr.. Phelps perstng in his refusal to The ques
ton propoundrd him by tie Grand Jury ordered
be committed n prison lor The aedged contempt tor ten
davs in tie couniy Jail
MIR Dsael, having answered all the questions required of
him by the Court and Grand Jury 10 be answered. da
INpicrNENr or Cot wEsB.-The Grand Jury came into
Court with bill of indictment against Col James Watson
Webb For leaving the State with intent OF giving
ceivng challenge, and held hai! in IS 900
swer which he sn.e and discharged from custody.
The Grand Jury were then discharged with haIk,, ard
the Court adjourned for the Term
POLICE OFFcE--STEA.ISa CLOTHING, &c
Thomas Pierre s.ea ard committed Cor stealing
calico skirts ock, &c, worth S. 50 from Eeisey Brudasr
No 226 Bowery.
U 4 Grand Concert of Sacred Music will
take place in about a week, at ST. Peters
Church. Barclay street, on which occasion the
SrABAr MATER Q; Rossini will be performed,
by the first Artists in the country. 1t needs no
rronhat ~ fnrsne that ,here viii he u;ll attend.