The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-20
Court OF Common Pleas.
D.E Il IL


defendants being men whose possessions and stand
ing should induce them 10 exhibit better example
to the world. Mr. Patten is broker il Wall street,
and discounted, In 1888, note for $780, drawn by
H. IL d., and endorsed by Higgins said note being
for the benefit Of ]. NJ Diamond at that time deep
ly IN Tor 1t on account Of building operations. The
note was renewed three or four times, end the one
now in suit is dated in Sept 1889. 1t appeared from
the testimony that Patten charged 2 per CEN
month on the original discount and also on the
newals-that he knew 1t was not business note,
having proposed TO Mr. Diamond to get III. IL u.
(who were wholesale grocers foot of Dey st)
TO give it-that defendants never expected to have
been called upon to pay it, Mr., Diamond at that
time being supposed to be abundantly able to meet
Il, and that they have received the first cent
In the way of value for -they therefore determine
to "repudate," under the plea of usury.. Mr.
Patten, it will be recsllected, came near being
crushed to death board the steamboat Samson,
on her way from Staten Island, the 4th July,
1889 and was confined TO his room from the in
jurles received when this last renewal was given
He did not take 2 per cent msnth then, but
It was stated on the trial that he had charged it
his books. The Court, in addressing the Jury,
stated that bona fide business note, given for
faith is given for another, do not come within the
usury law parties having right 10 sell purchase
them at what rates they please. The question to
be determined IN the, present case is, whether a
note had been given by Mr.. Diamond to H. IL d.
In exchange for the note in suit that gentleman in
his testimony having stated that he sometimes gave
note In return, which was merely to be consider
ed a memorandum note but he was not sure that
he had even done that on the last renewal If such
exchange note had not been given, il was clearly
case Of usury, and must be decided against the
plaintiff. The Jury will render a sealed verdict
For plaintiff, Mr.. jenkins and Mr.. Ketchum
| For defendant, Mr.. Chester and Mr.. Bi dewel.
General Sessions. tt,ts.
Before the Recorder Judge, Lynch, and Alderman
Carman.
| WILLIAM SHALER, Esq, Acting District Attorney.
| SEPT. 49, Disorderiy House.-A widow Jewess
named Rebecca Davis, was tried for keeping dis
| orderly house at 80 Chapel street.
ALEXANDER McWHoRTER, the owner of the
house, who resides on the same premises, testified
that he peeped through the keyhole of the door OF
the house. and saw man getting out Of Mrs. Da-
vlss bed feet foremost. He afterwards heard some
man talking to her in her bed room.
Mrs MARGARKr ROPER, wife OF John Roper, Sc
gar dealer In Broadway, testified that she lived in
the second story Of the house in which Mrs Davis
residcs-thls Is delicate subject for respectable
woman to testify about-the rooms occupied BY
Mrs Davis Ibeleve, are used for in
tended to have given lessons on the piano, but
count OF the Character Of Mrs Davis hays refused
return as late as O'Clock, with a foreigner who
spoke bad English-he staid there long time, and
LETT towards mornlng--my maiden name is Margaret
Carmlchael-a few nights after saw two men come
into the house, and one said "come up stairs" /
saw them over our bannisters-Mrs Davis occupied
the first floor of the house
tMr5 LAWS was mere called by her council, to
take seat along side of him. She is well built
little Jewess with dark eyes and hair, and good ex-
preston Of face Of the Israelite mould1
Witness continued-Mrs. Davis has four or five
them put the light out, when one of the girls cried
out where's the matches" The door was partly
open and heard one of the men say "its warm
work." do not think that Mrs. Davis was in the
hour afterwards the light was blown again-these
men were in the little store occupied by Mrs. Davis
she sells babies frocks, coats, &c.
JOHN RoPRR, the husband, testified to the same
| facts-Iet man in with Mrs Davis at night and he
remained there until halt past three o'clock in the
| morning and then left-there was no noise or dis
with Mira. Davis, and one Of the girls-I heard the
conversation the bannisters listened in order
satisfy myself Of the character of the people in the
house-Mrs: Davis has commenced prosecution
| against me for defamation, which was commenced
after had testified against her at the police office
The conversation in the house between the women
and men was OF an obscene character, such az wo-
men OF ill-fame use.
JANE KIRKwooD, wife of John, dry goods clerk.
called and sworn-I live in the third story Of the
house; saw Mrs. Davis in the back room with
gentleman, and heard the bed going; / am not
specializing as to the noise of the bed know the
difference between the movement of bed and
chair; Mrs Davis is a widow and sells babies
clothes; saw nothing, but speculate upon the re-
suit; my husband s is a clerk ! told my husband,
| in the house. fartft
JOHN BopINE called and sworn-Mrs Davis waa
tenant of mine at 92i Laurens. The witness was
here asked what the reputation OF Mrs Davis was
when she lived at the house last named, which was
objected to by counsel for defence, and with
| drawn.
Mr.. Cook. her counsel, stated that she was a wi
dow with five children-that her husband died in
Birmingham, England, and that she had endeavored
to make an honest living by selling chdren's clo-
thng, &c. That she hadk ept a store 457 Broadway
| and at two places in Canal street. He then called
FnI Wi tne nj Of UhOu1 vvo
Jews.
Isaac JACOBS testified that Mrs. Davis was his mo-
theirs sister. went with her to see Mr.. McWhor-
ter to obtain the renting of TIE house. have
| of her children with me. do not know who she
| is engaged to be married to.
SAMUEL ]. NEwsrEAD testified that he knew her
| some twelve years ago in England, and she was
| then respectable woman. Twas her bail al the
Police. +.
The Counsel for prosecution stated that Edward
A. Jessyl was her bailunder the indictment found
by the Grand Jury.
JOSEPH w. KELLOGG said that he had rented her
| house in Canal street, and had never seen any
thing improper while she was there.
BENJAMIN SHAW testified that Mr.. Jessyl hired
know her businessor what she had done. Jessy &C.
cuped the place with her. The witness here point
ed out Jessyl, who was sitting in Court.
JOHN STANDRIea and his wife testified that they
knew her and had always considered her of good
CHARLES G. SHERWOOD knows her-has att tended
her asa physician-knows nothing against her.
HYMEN Brunswick, jun, knows her, but nothing
bad Of her.
ANN PARDoE, known her for three years. have
worked for her, making children's clothes.
JOSEPH KIvKr-She lives opposite mel am gro
Ger opposite her house, never any thing, nor
ever heard any thing there mproper-I never looked
through the key hole.
JOSEPH WARNER, jr.,-is Waterman on the dis
trct in front of the house Of Mrs. Davis never
saw any thing improper in the house, never look
ed through the key hole or the back shutters.
The case was then submitted, after short sum-
ming up by the counsel, for defence, and District
Attorney, Shaler and the jury, after an absence of
half an hour, returned verdict of not guilty.
Trial for ASSAULT and R0ttey. = William Hawley,
John Stage, Samuel Durham, George Barber, and
Thomas Baker, implicated with John Dermody and
Matthew Matthews, were put upon their trial for a