The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-23
Court OF Common Pleas,
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sErI Endangered II. Oakley vs. Monmouth b. Hart
Sherif.-This case continued.
Mr. HoLMHs addressed the jury for about hour and
nan on the part Of defendant Qhe Sheriff being but no
mnaly such and endesvored show from various cir
cumstances that the property did belong to plaintiff
Of which was. that she had resided with her brother
n-law and sister (Mr. and Mrs Roome with her bro
ther Mr. Charas 5. Oakley, for the last years and
that the piano forte and plate had always the
house OF her father the family using the latter (Which
was taken Oft the dinner table when attsche and her
sepmother's daughter Miss Cook enjoying the former
he also laid much stress upon the mpeachng evidence
and called the jury verdict in favor Of defendant
Mr.. Holmes was followed by Mr. Peter Wilson in be-
half of plaintiff, who alluded with much eoquence to the
good standing and msoi tunes of Mr. Charles Oakley
marking that one Of the witnesses who had been brought
lost 900 by Mr. Oakley and had been made beprar
in consequence still he had confidence in his veraciy
and would readily believe him under oath. Mr. W. spoke
in terms OF severe condemnation in regard the
pursued by the Attorney Mr. Silly the other side in
his efforts at impeachment He commended that
dence had been produced to show that property
longed to Mr. John II. Oakley against whom the execu.
ton had been served but much that the plaintiff really
owned it. Judge Ingraham charged the jury at consde-
rabe length pointing out the unexpected turn which the
evidence had TAKEN and the necessity of weighing well
the evidence before they decided His opinion appeared
to be that the testimony Mr. Oakley favor greatly out
balanced that against him. There no doubt that
thing had been shown Identifying Mr. John r. Oakley
with the property yet whether 1t belonged to plaintiff
not, rested on the evidence of Mr.. Charles Oakley The
jury etired about IL o'clock and had not returned
of plaintiff sealed verdict will be rendered this FORE
noon.
Henry H. BessOn vs. John Bsnson-.assatt and Battery
The parties smart young clerks, keeping in dry
goods stores and both fell in love with Miss Ann Stryker
Benson had been the first lover and found powerful rival
in the person Of his almost sake They had each at
teuded her to balls at the Tvo and her graces and a
cinaton partner served still stronger to rvet the go
den chain Besson after of these honied attentions
wrote her letter, commencing thus =
New YoRK, Feb. IL, 1912.
My short but afectionae acquaintance with you press
es me to write to YOU to say that would afford great
pleasure for your company, &C., sc.
The letter. however, aludes to his rival in rather
rough terms, and says " will not get in many fights
he did," and other kind compliments The lady think
ing probably after ALL that she liked her first love-
best showed him the letter, doing Sunday the LIST
May. At o'clock on Monday morning, the defendant
went to the store 2s2 Spring street, where plaintiff kept
called him out and accused him OF writing lies about
him. Besson answered that he had been writing lies
and he did not wish to have any thing say him. He
was about returning into the store when Benson struck
him violent blow the face prostrating HIM the
side walk knocking two of his teeth out SCATTERING his
lower jaw, and must have done to him considerable
other damage the declaration says it necessarily
ed him to pay, lay out and expend $4,000 "a large sum-
for the purchase and insertion of artificial teeth in the
place and stead of those dslocaed and knocked out by
the defendant" &C. At any rate the plaintiff had pay
5000 for set Of teeth. The young lady Miss Stryker
placed upon the stand witness and strik
ing looking young lady she is, worthy Helen could
have been OF seven years She testified to having
received the letter. showing to Benson SC. The jury
gave verdict in favor OF plaintiff for $3.50.
For plaintiff, Mr. f. II. Seely. For defendant Messrs
Seeley and Mills.