New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-04-07
Ctr fntellfgenee,
THURSDAY, Aprn 8.

a
or ON the points raised by the defendants counse-ne
Aldermen dissenting from the opinion as promulgated
the Recorder The validity OF The Indictment
pasmuch as the statute under which was onno' W
sufficiently broad the offence as ald DOVE @
st That the defendant was The CLERK Of sanuei - " ~
within the meaning OF the statute.
3D. That the commutauol money iecei'eu o.ii 1ue o
Isabella and Johan George, the money oil B ). "is
then Clerk of The Common Council within the meaning
the act and that the money was received on account
Willis =
Sd That the defendant received The money oy virtue OF
his employment as such clerk.
4h That the defendant did not receive The money III ne
capacity of public officer Mayors Clerk but as Inc
clerk and servant Of Samuel Wills
The Court being equally divided, the objection 10 'e '"'
dctment rot, OF course, sustained.
The counsel for the defence objected 10 the decision 81"
en- and as The testimony for the prosecution had closed
ceeded TO address jury opening the case on behalf oil
The accused still maintaining that the indictment was not
yald-and proceeded 10 call witnesses as follow:
Robert ayor Esq Police Mag srate, deposed that MI
Ahern appointed Mayors Clerk ID 1854. MT Do'on
came into Office In November, 1885, Mr. Willis In June
$780, MIR. Aherns accounts are now IN court was dp
pointed 10 investigate them He was nohed 10 aeno, pu
did not The Mayor notified him appear and explain.
EduarG K Collins deposed that he was shipping mer
chant, and has known Mr. from Is TO 20 years Have
generally seen him in the Mayors Once never heara
his character for honesty or integrity questioned.
Robert Kermit depOsed the same almost precisely u
Mr. Collins.
Several ohe merchants called amongst them DIT.
Barsovv Mr. Nelson Murray. and Mr. Cafeniy all OF
whom gave the defendant good character for honesty ana
integrity.
The case for the defence here closed.
Mr. Graham here offered to 60 into Mr.. Aherns accounts
for many years, in order 10 attempt 10 show that hehad
embezzled many thousands dollars during his contnu'
apce in Office The Court decided that this would merely
he cumulative testimony and therefore unnecessary and
nadmissible.
The counsel for defence raised another objection to the
Indictment which he said must prove fatal lie conlenaeo
that the indictment must describe least some part OF the
property embezzed which this indictment did not and
cited authorities 10 the truth and legality OF his post
ton He then commenced and concluded his summing up
speech on Defence and followed by the District Aor
in bold, able and eloquent speech.
After the conclusion of the Summing up, the hecoroer
charged the jury who retired few minutes after O'Clock.
Alter being absent about hours they returned ao Inc
court stating their imposbility 10 agree Alter some
farther Instructions from the Court they again retired moi
having agreed 10 O'clock the Court ordered adoVora
officers be sworn and call them In case the jury should
agree i'll the course Of the night
BROUGHT Up BENCH wARRANT.-Turner Merritt,
against whom there or indictments for forgery &C.,
arrested by Prince John Davis brought before the
Court and committed to prison lie answer the charges.
Adjourned till Friday morning.
U. STATES CIRCUIT CoURT-Before Judge
THOMPSON.
BENZ Waldron and ufe Corporation Of First Baptist
Church Ner YorkThs ailuded TO yesterday was
continued Mr. Waldron is man in humble life, BUTCH
err residing Elizabethtou N. j. Mrs. w is daughter
the late Medef Eden the younger of this city, who died
in ls9 leaving will hequeathng his property to his three
daughters and making his widow trustee, with power to
sell such portions OF the estate as was necessary such SAFE
being with the written consent and approval OF Col Aaron
Burr. Medef Eien the elder, brewer, and d!ed IN
In tpOS
estate with directions that either died without issue
before olbes the whole estate devoVe upon Inc
survivor. Col. Burr, previous TO the ated duel win
Gen. Hamilton and his going of Europe, was acquant-
ed with the father and bis disposition OF The property AL
Ter his return from France he found that the boys had run
through the estate that Joseph was dead and Meaef lBe
brother door, He asceainet that Mr. Astor bad got out
an against Joseph and bought at the Sheriff
sale about 100 acres land The North River side sosth
of 42d streetbat property l69 Broadway had passed TO
Dr. Parmee in the same wnyand that The lots IN broone
stree, new again in su had been puchased under exc.
cuon by the Bank OF New York. The brewery situated
in the block bounded by Cold John, Cid and Fulton ss
and much other property ha all passed into other hands.
Col commended that by The terms Of the will the rec SIM
pie rested in neither OF the brothers until AFTER the death eli
one OF hen-and that Joseph dying without issue, the
whole fathers estate fell free and unencumberea as
he r il, into the hands of Medet Action of sjectmen
brought agans, he Bank OF New York AID The subject
carried the Supreme Court Of he IT, s. which sustained
opinion OF Col B.. and the Bark was compelled to re-
store property which held by edc! the younger,
al Tie line OF his death.
The wiz ow OF tue latter finding necessary carry
case to Errors, obliged required by law
az lie line, give security 20 the amount She procured
M Joseph Townsend become such, and gave him, as
plese deed Of the four lots in Boone street, doing SO
wh the consent of Col Burr She gained the suit, bI, ne
declined restoring The property and re-sed to Mr. James
w Robinson, formerly tailor in Wall reet but now OF
PoueEkeepse Co Burr asserting To the traser) from
horn il was bought by First Baptist Society," who gave
him 0D it, erected splendid building al an ex-
pense $50 geo The present is an action OF tJsct
nent being the sixth brought by plaintiffs, who were sue
cessul all others, of them being for property In
Gold streeL} appears that after the death OF COL Burr
several documents found bis possession relating TO
this estate which plaintiffs seem likely 10 realize an i'm.
OF money. Among the paperswas one from Mr
Townsend which he agreed reconvey the property
in Boone street 10 Mrs Eden in the event OF her being
cesul in tue Court of Errors-aso proof that Col g.
ceyed annuity of $500 per during his life which,
contrnded in consideration Of his suppressing the
document, and agreeing TO The fraudulent transfer. The
Church paid cash Mr. Robinson, and gave bond
and mortgage tor the remainder the money which, we
Understand, ha, realized. The Society nelds warrap
coed from him, which they can recover il he Is able 10
IT, The Land is CONCERNED. The Church itself,
OF conrse involved also in the result The case W bt
coEtin1el this forenoon.
" Professor GoURAuD has advertisement in another
column which call the attention OF our readers.
LADIES FRENCH SHOE SToRE.-We have for several days
lnlenued Call attention 10 the Ladies' Shoe Store OF our
friend j. b. Miller, No l42 Canai-st. His is
large and we-seected any visited and
hesitation in recommending it 10 The notice Of our
fair readers.
sAsps's Observation-Disclosures Conn, Feb 10, 1s43.
Mess1s A. g. Sands co.-Genuemen: thankfully ia-