davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28
superior Court.

oeioi JuoBe ldlImauRes
ArRrL 3.-Joseph d Beers VS.. Cornelius Baueue -This
was one of those hard settling up cases which but too
many poor fellows Qaboring un1e: the blessings of nv.
pothecation) have been recently called upon to expert
ence. The action is brought to recover the amount Of
a note for something like $4,000. given in 1884, with the
hypothecation OF 100 shares OF Phsnix Bank stock at sos
per share. The statute Of limitations is Sc, up as a bart
recovery. 1t appears that the stock was at one time
worth 30 per cent aoeve par, andait is commended that the
plaintiff was enabled to sell and pay himself. No or
ders to this effect however, appear to have been given.
The Court, in its charge, stated that pleading the statute
Of limitations was generally looked upon unfavorably
by a Jury, but without just reason. liza creditor leaves
a note or an account for several years without bringing
it TO suit, or saying any thing about it, and hazards iInjuI.
ry to a debtor by a want Of recollection as to the facta
and various other ways which might be named, the lie.
gislature very wisely says after six years he shall
lose il.
During the trial it appeared that some timd in lsAo
(when the stock had become depressed( and after SIX
years from the time Of giving the note had expired, an
account was shewn to defendant as to dividends received,
payments made, &c, which it was averred he hastily
glanced over (being in a hurry and said he supposed L
to be all right This the Jury considered q new &C.
acknowledgement Of The debt, and gave a verdict in ia vor q
plaintiff for SO 3a5 81 cents, beng principal and interest.
For plaintiff, Nc. Sherwood. Mr.. J. johnson for de-
fendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28
Court Of Com mon Pleas

APRIL a7.-L9uis A. Kettle VS.. John Warren and Wiiliaw
d. Sealtey This was an action to recover $40, the al
legged value OF a dog which had been levied upon under
legal process against Arthur Newbold, No. 634 Pearl
street, but rePlevined by the pl intif The animal isa
lively appearing thorough bred English bull terrier,
weighing abeut 25 lbs. and it i said can lick any thing
of his weight which may be brought against him. He
the plaintiff who keeps q store for the sale Of Birming-
ham goods at the corner of Plat and Gold streets) AYERS
to have kept him for, and that he brought him over from
England. Newbold, it appears, got possession of and re-
tanned him, having superior powers of fascination, and
has kept him for several months, making him his COM
panion by day, and, very often, his bed fellow by night
The plaintiff, on learning that he had been seized for q
debt due by Newboli. repievined, and brings this action.
The witnesses appeared 70 differ very materially in the
value of the dog. one man asserting, that he was worth
500, and some as low as Is or 20. The jury gave a yer.
dict in favor Of plaintiff for six cents damages, and valu-
For plaintiff, Mr.. A. Nash and Mr.. Gresly. Mr.. W. R.
Beebee for defendant.
Before Judge UlsheHer.
4 Soroh J. Fnhor VS.. Daniel Dema,esf The plaintiff. in
company with Miss Walton, and two other ladies. hired
menced business as S dpe.ss m sAreTs lot Tb = year, and esm.
lariy aliured to the premises on account of the extensive
to a cart.wsy, and was handsomely adsrnsd with sRruuS..
berry, tagged walks. SC. The plaintiffs hired of q gentle
man named Van Brunt, who held a lease from defendant.
soon after their taking possession the rear fence was
knocked down, the out buildings removed, forty feet Ia
ken of the yard, and a brick building put up BY the de-
PENDANT, the rear windows of which looked into the m.
tie remaining yard left to plaintiff Much Inconvenience
was experienced in consequence. and the present action
brought, the damages laid at 81 600. 1t appears that he
lease given to Van Bruni forbid him reiettins unless hv
special permission, which had never been given, and
that to plaintiff from Van Brunt contained a similar
clause, which had been disregarded. On these rround.
the counsel for defendant oontended that the Contract
had been broken, and that he had a right to re.enter Inc
premises and make such imp ovements az he deemed Al
visablc. HThis was'met by the assertion that defendant
had waived his claim, having taken rent without mskinv
objections, after he knew that the property had been "a.
let. II was also c~ontended, that even II he had been in
clined to avail himself Of tho circumstance TO break the
lease, his resort should have been an action Of ejectmept.
and that he had no right to trespass upon the premises
The jury gave a verdict in favor Of plaintiff for $50 dana.
ges and 6 cents cost.
For plaintiff, Mr.. n. B. Blunt. Mr.. J. b. scoles and
Mr.. X Reed, for defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

All seems quiet ana comfortable in this quarter OF
he globe. Governor Bagot has left Kingston to lay
the foundation of a college at Toronto-thence he
proceeds TO Halifax, where he expects to meet his
wife. The Toronto papers contain long and glow
ing accounts of his arrival there, and say it was
the most brilliant affair ever witnessed in British
America. Sir George seems to be a great favonte
Lord Sydenham has left his property, by will, to
his brother Poulett Scrops, M. P. He.has a large
landed property in Canada that cost him nothing.
1t will be sold in farms, and the cash sent to
London.
The miserable fool Hogan,si lit seems, after all, had
nothing to do with the burning of the Caroline, and
is now treated as a puppy by all parties. Mr.. Hill,
Mayor of Rochester. .has addressed a letter to Mr..
Counter, Mayor of Kingston, on the Hogan case, to
assure Mr.. Counter that there is a good feeling here
towards a steady continuance Of commercial inter-
course-that Mr.. Hogan was treated with great
tenderness but that his visit was a matter of regret.
So far so good. Trade is improving, and every
thing seems t~olerably smoothin Canada.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28
City IuteIIIyenee.

RospsRv ~ THE Moos Yesterday a sssman, beleng-
ing to the brig Moon, nsmed William Rockwell, was
arrested on a charge OF stealing one hundred and iorty-
six quarter dollars, from the forecastle Of the above
named vessel, en- Tuesday night, it being the property Of
Henry 8. Hartshorn, also belonging to the brig. The
forscastle was left in charge Of Rock we'll, and yesterday
morning the hasp of the paddock was found broken and
the money missing. HartsAorn charges Rockwell with
taking the lock off With the key, and then breaking the
hasp to endeavor to show that the place was broken open
by burglars. Rockwell denies all this, az q m after of
course.
ISJuRKp ~ A sTosr.-The man who Yves 30 seriously
injured by a stone that was thrown at him during the
contemplated pitch fight on Tuesday afternoon near 81.
Marks church, is named Barnabss Brady, snd resides at
70 Third Avenue.
Han MS PocKsr Cur or Mr.. James Cosley, while
going on board OF the Philadel phia boat yesterday morn
ing, had his cost pocket cut of. and a wallet containing
Sill stolen. Where wer the officers, whose duty il 10
o attend at the departure Of these boats
TREASURY NorE sToLEN-A man, named David Gal
lsier, entered complaint ~ the Police Office yesterday,
TO the effect that he was coaxcd into the house Of John
Mitchell, 81 Cherry street, on Tuesday night, and while
n dde was robbed Of a 500 Treasury note. The pots
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

EMeRArIox TO OREGON "A meeting has been
held in the western part of Missouri for the purpose
Of organizing a company to emigrate TO the Oregon
territory. Thirty were enrolled, and pledged them
selves for the expedition. A committee was ap'
pointed to visit the neiRhboring counties for the pur.
pose Of e%nlisting others in the enterprise. The emf.
grants take their families with them, and took for.
ward to a permanent settlement beyond the Rocky
Mountains.
We notice these movements, since they are indi.
cations u the times worthy to be noted. Oregon
will soon be brought under a territorial government,
and will be recognised as a part Of Ne United States,
Just as Iowa and Wisconsin are. MI Senator Linn
has not succeeded yet, we believe, in getting his
bill through Congress-but he may be sure Of sue
cess in the end. II Great Britain, in reference 70
The Oregon country, pursues. tae procrastinating
course which she sometimes adopts Ia her diploma.
tic man9uvres. the result will be that the question
and the country will both be settled at once, without
any trouble to her ambassadors.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28
Texas.

Emigrants are pouring into Texas from all quar-
tiers, with plenty of guns. powder, ball, and money ;
and it is more than probable that Mexico will be In
vaded this summer by the Texans. The army Of
The latter is now 5000 strong, and is concentrating
on the Guadalupe river.
Other accounts say that the people are thinking OF
a return to their plough shares and pruning hooks for
a season, or uatil a sufficient demonstration on the
part of the Mexicans shall have been made to war
rant an onslaught. Gen. Houston has sat himself
down at Houston, determined to wait until he gets
something tangible to shoot at.
A gentleman direct from the Texian camp informs
us that there are about 400 men at Calaviers Rancho,
aud that great numbers have been furloughed fOr
San Antonio. No intelligence from the Mexlcans
on the other side of the Rio Graade, although the
Texans have a spy company OF 50 men on the look
out. The cry of " WOLF wolf, 's~when there was no
great shakes of a wolf at all, appears to have die
| couraged some Of the "wOlf hunters" and the
papers find fault with the government for their lardl'
ness, and the government makes answer mat II
knows its own business The people seem deter
mined to march into Mexico " in the fall" anyhow
An interesting incident is chronicled by the Fort
Pickering Eagle. While donations were being
made in relief of the Texan volunteers, a young
lady, prompted probably by a feeling of patriotism,
natural on such occasions, took from her neck a
string of coral beads, which she presented to the
auc:loneer. then at his vocation, in order that II
might be sold-it being the only article of value a
| her disposal at that time. 1t was sold and returned
to the auctioneer by the various purchasers to be re-
sold, we understand, at least a deZen times. The
last purchaser returned it to the fair donor, but she
| rejected it, saying she had presented It to the com
pany, and did not desire that it might be returned
" Keep it, them" repliedthe purchaser, " as a me
mortal of what il has done, and wear 1t IN memory
Of your departed friends I"
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

HoRRpIE MURDER IN IowA.-By a letter in a ST.
Louis paper of the 18th, we notice a terrible out
rage atlBurlington, Iowa. Up Bradstreet having
a difficulty with a citizen Of the place, 8. w Ross,
brother-in.law of the latter, provided himself with
one. OF Colts revolving pistols, met Mr.. b. in the
street, and discharged the contents of FIVE of the bar
r.ls at him, each shot taking effect. Mr.. B., though
terribly wounded and dying, returned the fire, and
dangerously wounded Ross Mr.. b. has since died
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28
u. 3. Dist rict Court.
n.f... La. n.

Arpn 27.-In NEUTRALITY-SUSPICIOUS. petitions passed to
decree,-Ths objections as to m alters Of law in the case
ofDr. NoHatt were overruled.- Orders were granted he
general assignee to sell at private sale, at the appraised
value, a. folio va: over the $500 allo wed by law. the
household furniture Of Charles NJ. Neil to Robert r.
Winslow. for St5 30 of Oh aries Starr, il. to Francis p
Schosts at $3s3 Of Daniel s. Mercein to Thomas R.
Mercein, for $50 so the stock and tools of George Paint
loway. for Sl92 80.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

Sorrn Durcu CnuRcH ON WAsHISoroN SapAnE.
We have been informed that this beautiful edi-
fee is sbout to change hands, owing to the pccu-
mary difficulties. 1t has had to contend with -
Unless provisions are shortly made to cancel the
obligations now pending, it is not altogether i'm
probable but the Catholics may purchase it, as there
has been some hints thrown out upon the subject in
tina; quarter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

FLoRIpA WAR.-It is now sad that really and
truly the Florida Indians are so nearly used 10 that
there are only ninety warriors LETT there. Our army
is every other day capturing a squaw or two, and a
few children and negroes; and in the mean time
some wag has peaned the following:-
aHurrah for our lad, Of the sabre and trigger!
In historys ages they'll make a great fgger,
No heroes on record were Drawer or bigger,
They've Captured three children, two squaws and Q
niger.
From an officer of the army we learn that there
are not probably more, on a fair estimate, than
ninety warriors left in the Territory Of Florida. A
portion Of these, under Sam Jones and the Prophet,
are now in the Everglades-the rest, under Halleck
Tustenuggee, and a Creek chief, Oteaka, whose
name now, for the first time. we believe, 10 entered
upon the military annals, are al present In the cove
Of tine Wlthlacooche. Col. Wcrth has planned the
most judlcious attack upon this strong hold Of the
enemy, and the 18th of April was The day fixed upon
for the assault, which will be made by six different
columns of troops, who will concentrate from al
many different directions.
We have intelligence from 81 Augustine to the
10Th instant, inclusive. Nothing important had
traospired, connected with the campaign.
Gel. Harvey arrived AT st. Augustine the 18th inst
and reported himself for duty. Hishealth had great
" improved, On landing he was greeted with
hearty and spontaneous huzzas from a large crowd
Of citizens.
Some corn fields and vegetables near Fort Pierce
had been destroyed by a scouting party. Fresh bo
dies Of Indians were discovered At the South Every
day, says the St. Augustine News, adds to the con
viction that the only eflec,ual mode Of putting an
end TO the war, is for the Commaader-in.chief to
offer a bounty Tor every Indian. This, that papeI
adds, would bring into the field the Western Hun
tiers, and gave security to the numerous settlement.
Of the East.
A company of regulars had fallen upon a smsl
body Of Indians between the Apalachicola and
Olocknee rivers, killed three, and taken two chill
dren.
Indians had come into Middle Florida, and il
The course ofiheir d, predations killed two negroes
and one soldier, and wounded Others.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

PENALTY FOR CAME In the Kings County Court
the other day the Judge sent one young man, for
burglary TO the state prison for 81 years. At the
same time he sen, another man for committing a
most aggravated, violent, and atrocious rape on a
married woman, IN conjunction with two or three
other wretches in human form, to the state prison for
ten wears,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

CHATHAM THEATRE "A large audience last even
ing Witnessed Mr.. Kirby's performance OF Bertram,
wnich dd him much credit. This evening the bills
present two OF Balwer's most popular pieces, Wiz
the Lady OF Lyons and Richelieu, by MI. Smith.
On Monday next, Thorne commences his series of
splendid vaudeviiles, which he has in preparation.
They are said to surpass any thing which has been
produced this season, both in the style and interest
OF the pieces, as we'll as in the magni6cence OF other
productions.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

FRoM JAMAICA We have advices from Fall
mouth, Jamaica, to tn 9th inst. Flour, SO; Pork.
SIG; Lard, 8 cents. The blacks as turbulent as
ever. The Grange Plantation, near Falmouth,
which in former times produced $40 hogsheads a
year, last year only brought 20 The merchants
were failing in all the towns Of the Island, and men.
who, a few weeks ago, We're deemed beyond the
reach ofmisfortune, were now reduced to poverty.
Business of all kinds. dull. Cheering prospect.
very
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

The ANNIVERSARIES These meetings, it seems,
will commence a little earlier than usual this year.
Tom Marshall opens the ball next Wednesday night
at the Tabernacle, and leads off the first dance in
the annual drama, with the American Temperance
Union for a partner. Success to him. The Baptists
are holding all their anniversaries on their own hook
This week at the Mulberry street Tabernacle.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

OsE DAY LATER FROM HAVANA, prsrcr--we re-
ceived last night the Motto osoy Lucero," publis he'd
in Havana, to the 17th instant inclusive.
Fanny Eisslsr had given a s,len lid bene6, to the
Female Lunaiic Asylum IN Havana. She was en-.
Enthusiastically cheered from the beziaing to tie end,
AMI retired am DIT a shower OF fDwers.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

GREAT Run AT the las; election in Albany, the
abodtionists nominated sixty-,hree candidates. and
had in all only thirty three Votes. We beat these
chaps all to pieces. We had only one candidate,
Captain Monroe, and we gave him twenty-five solid
patriot votes. Hurrah
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

Music IN MoBiLE.-Signor Nagel, who is said
to be one OF the most remarkable performers on the
Violin living: and a pupil Of the celebrated Pasa-
few concerts in the course Of the week, in which
he will be assisted by Mrs. Sutton, who is expect.
ed frem New Orleans Tomorrow. Mobile -Adrer..
| lDri lS
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

surEsIoR CouRr-Nos. 81, l5s, Al, IS. 4s, l2s, "a, 80,
l43, 81, 81. %, 81, os, 81, es 90 l0l. los, ITO, Ill, ia
"a rs iis lis, iie, iae lai. lar. l5l, l2e, 1913, 100,
l33, l3e, lao l4l, li2 Ip las, i5t, l56, 80.
CouRr or CoMu,~ PLes--Psrt Nos. 1. Ga. le1.
l65, l67, 1850, III. rs, l73. II. io3, III, III, l7e.
Part Mos. 10. 10. lOl. 1876 lis. d.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

APRn 27-The testimony in the case Of William NJ.
Price was got through with yesterday, and the summing
up will commence this morning, From the character
Of counsel on either sile, something unusually good, in
the way CT eloquence,m may be expected.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

| Coal NEAR RocnEsrER.-Oae of our hardware
dealers states that he has been assured tina, coal
has been found within three miles of this city; that
a ton or more has been used. and stoves are now
constructing for its use, Geologists, we believe.
| affirm that coal cannot be found in this region for
reasons given. We give the story as IT lated 10 us.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

UNITED STATES IRoors.-lt seems that our Co.
vernment are apprehensive that the Western indian.
will take part in the troubles between Texas and
Mexico; they are therefore concentrating a large
body oil troops near the frontier line. The present
force under the command OF Gen. Taylor consists
OF the following troops Dragons at Fort Towson
lsi, at Fort Jessup l2S, at Fort Gibson II Infantry
at Fort Gibson l4O Dragons at Fort Wayne I42
total 6D. To this force is to be added the 9th regi-
ment Of Infantry now at Jefferson Barracks, 800, to
march Immediately 10 Fort Towson five companies
Of Dragons to move from Fort L%eavenworth to Fort
Towson, $50 and the LIST regiment of Infantry from
Jefferson Barracks to Fort L~eavenworth, IS.
The whole disposable force under the command
OF Gen. Taylor will then be 2 ,00i.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

HorEL IN LONDON We call the attention of our
readers who cross the salt, salt sea" to the adver-
,isemen, OF a capital hotel kept by Andertop, l6i
Fleet street, London. Americans visiting England
will find much comfort and attention at this esta'
blishment, and particularly in all those regulation:
about servants, who, in this house, are not allowed
to levy black mail from travellers, as is the practice
in other English hotels Every traveller has to pay
for what he gets, and no more. Servants fees
"the jeu'le'man please" what you will sir"-or
any species Of black mail are all abolished, as eflec.
tually as King Charles Rhode Island charter will be.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

MORE MuaDrRs-There seems to be an increase
Of murders throughout this country. What is the
cause' 10 oar paper to-day will be found accounts
OF no less than eight.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

o. Mr. Demps,er's Concert at Brooklyn is post
posed until Thursday evening Of next week.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

Der AND CUTTERS IN B~osroS.-Abby Folsom and
Elder Lamson was arrested in Boston while attempt
ing TO address a crowd Of persons on the Common
last Sunday forenoon. and lodged in Jail.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

SAILING or THE wEsrrRS.-Tnis steamship sails
this afternoon at two o'clock. The letter bags will
close, at GiIpiu's in the Exchange, at one o'clock
She goes to Liverpool.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

New Consul TO LIvERPooL.-James Haggerty, Esq.
the new American Consul to Liverpool, leaves to-
day in the Great Western. Mr.. Haggcrty is a native
of Virginia, has been for many years a merchant in
New York and in the south, and bears a character
of the highest responsibility, great talent, and much
courtesy Of manner. He was unanimously con-
frmed by the United States Senate to his present
DfEca
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

a LApY MonDrRsp Mrs. Estes, residing about
Tour miles from Owentown, kentucky, was ishu
manly murdered IN her own house, a short time
since, during the temporary absence Of her hus.
band. n e skull was broken by a club.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

srrAMsHrr BsrrAssIa will leave Boston next Sun
day, for Halifax and Liverpool. Her letter bags
will close here on Saturday afternoon at Jour
o'clock. They are at Harndeu's in Wall street.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

Co. Miss CLAREspoS's Exhibition Of Readings
and REGULATIONS takes place positively this evening
at the Society Library Rooms.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-28

DErAaruss OF the DEE.-The West India Mail
steamer Dee, sailed for Charleston, Havana, and
along shore.