The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-12
Court OF Common Pleas.

B-ore Judge nglis.
Nov. ll-Wm .appiegafe vs. .4deiine Mler.-This il
action of sssump,t the of note OF
$3.50, drawn by Mrs Miller, payable to herself and by
her endorsed
On The part of the prosecution the execution of the note
admitted The defendant was then thrown upon her
defence.
On the part of the defence the first witness was
Csc. W'LKrs-rhe paper called the Flash print.
ed by Apologize, from August Al about the
ed in the paper and two three indictments found
by the Grand Jury against the parties. Smelling Wilkes
and Woodbridge. Upon Applegate's being suei lie de-
cnei printing any longer He then went with Wilkes
several printers in order TO get them print the pa
per but not succeeding doing this he suggested
Wilkes that the only way to succeed for hr pur
chase printing press belonging to him, and do their
printing Mr. Apologize felt Interested in the continu
ance Of the paper The printing press wes
solely to print the Flash upon and was used for nothing
lse, and after the dscontuusnce of the paper
conveyed to Appegate's Office, where it now is After
print their show bills Xpplsgstes workmn continued
there to work the press about weeks after the SALE
Apologize declined to print the paper because he incur
red a risk
The Court here adjourned to yesterday friday morn
ing On the re-openng ofthe Court,
GEoRoE WILKES was recalled-Testifed as follows
The bill of sale was made out in Applegaes office in the
handwriting OF his clerk. The bill made Mr. Smell
ling from Apologize, the seller; the date Of the note in
question Dec. l. lS4 here several numbers of the
Flash shown to the witness dated Dec II and ls
and JAM - and 49, 1st2 all published in Jersey cty the
other two dated Oct 81 and Nov both printed by
Mr. Applegae; the old Flash dead xpired in JAM ls42
witness retired in the early part ofthat month from the
edorshp
Cross-eramined by Mr. Cn.st-some of the number, of
the Flash written in Brooklyn, and in West
Broadway hey were set at different places atAp
pegates; after the form was locked up, round
to Appcgotes be prnted Apologize had ether con-
nection with the paper than printing it; to the
bers published ut Jersey city after the LIST Dec Apologize
knew nothing about what the articles were which we
nserted Apologize finally refused TO print the paper
in New York. This about the middle OF Nov. say;
he dec lined account of the risk soley he had
raj scrupe the subject which know Of; witness told
Apologize nothing about the character of the paper which
he was to PUBLISH it would have beef superhuous.
Questioned by CBnE.-What do you dot
A-Follow writing
Q-Who Is this defendant
Mr.. CHnE wished TO discredit the witness
A.-shc is woman; her name is Adcline Mer she
resides in Reode streen been there at her house
than once; defendant there.
Q,-What did ycu go there fort
Al went there for amusement.
Odd you get your amusement
Ayes, ] got my amusement the fact that Smelling
had done service to her family the why she
did what she did in the matter Of the note
have had little business transactions with defen
dant and that little subsequent the purchase Of the
press II was accidental She conversed with about
the the press she thought that she had been
cheated in the purchase Of the press and thought too
had had disputes with Apologize he wanted the pay and
witness thought he would get my memory is treache.
rous my memory think has been the last year
than before can recoect matters concerning my.
selfvery well Mrs Millers conversation with me was
Immediately subsequent to the purchase of the press
Mrs Mer's house saw young ladies' there who
under her control and protection don't think the press
answered the purpose well IL did not produce good
looking sheet was in cold place the ink might have
chilled MIR Apologize had part Of the profits OF that
pager the defendant not subscriber to the paper
he have seen the paper see must have purchased
from the street she never exercised any Censorship
istve to the paper.
The counsel for the d.encs had much dicuy in ct.
ung such ne desired from the winess-which
occason to Judge lng TO say that ne thought the
witness answered very airlywith slight bias perhaps
Mrs Miisrhad nothing all to do with the conducting