New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-03-14

Court this morning. on motion of s. butcher ESD Enoeh
z. Camp admitted 70 pracace ID GU -A.'e' ""i
Counsellor OF this Court
GRAND LARcExY-Jeremiah Mcdonald was placed up
on trial for stealing from Henry W. R,teFoanaJe"ess
67st Broadway The prisoner came into Tue s'o'e ao
ed 10 full jewelled gold lever wa'cn "otn S10'
after getting which in his hand started and ran he was
pursued and after being brought back escaped io JOIN
window of The house. He again caught. on hs
being arrested for other msdeeds, he denneo ss 'he
-erou who committed the above larceny. He was fonnd
gu.y and sentenced the State Prison for years ana
nsnihs.
Rrpc,.RyIsaac Lavery was placed upon trial charged
with breaking c,o the premises OF David Morgan, in DiYs
os the l9h February list guilty and sentenced
10 the State Prison for 5yecrs
I.RcEsy-Peter Millar tried for stealing some har
ne, collar &c from the Stable OF John smith, Gao man.
100 Ludow.street The jury found The accused no' su9
p, or GuurY-Joseph Farr was indicted Tor an as.
~ md battery upon Walter P. Youngs, I54 Church.ss.,
Md guilty through counsel the assault and pens
.on was Giyen TO put in aidayits in mitigation OF punish
mcnt
GRAND LARcENY.-Phillip McCready and alas DENNIS
Allen was tried for Grand Larceny stealing ~ hog worm
from s.s 10 $50 from the pen OF Samuel Smith and T.. DO
;ar in an open 10, near Tompkins Market The jury
fonnd the, accused guilty, and the Court Sentenced MIN 10
the Stale Prison for years.
q. S. CIRCUIT CegRr.-Belore Judge BETS.
The SoMERs.-Mr. Duer commenced the arsu-
msnt Yesterday in behalf of Capt Mackenzie and
Lieut.. Gansevoort, and in reply to that OF Mr. But
Ter. Never was there moro powerful or eloquent
appeal presented before Court OF justice ac-
customed as those attending our Courts are to
hearing eguent displays OF high and finished eloqusnce
il REQUIRES ability OF richest order TO rvet in an unusua
manner the attention OF The audience yet such was truly
eacted Yesterday by Mr. Duer. He spoke for nearly two
hours and half enchanting the attention OF the Court The
Grand Jury and others who listened to HIM, and cre ang
an impression by strength OF his positions and The man
uer of illustrating them, which must be highly favorable 70
! his cause. -.
IT.. --;,cn,l features OF MIR DIS argument are fol-
loys He contends that Tie opinion OF Chancellor Kent
DENYING The irrstirton OF the Civil Courts for offences
committed on board public vessels on The gh seas cor
rect-at Congress establishing Inferior Cohft cFealeu
Courts Martial portion oil Sch, 10 wblcn dsieSaeo
power connected with naval and military offences and
ones cnmStted by persons attached TO the Navy
lie vessels atroad-;ha, the offence OF Capt Mackenzie II
such is falls under the jurisdiction o! the Naval code
that in pursuance Of The provisions OF that code ne was
bound 10 use every effort TO prevent or oyerPower muthy
on bo6rd ship and that should he ia IN using every e1-
ertion to effect, land the law gives him unlimited as
cre,ion, he is liable TO tried By Court Martial and pun
sAed by deaE-lhat trial by jury is not granted by The
Constitution persons belonging 10 the army or navy ne
that those enbarkng such renounce hsr rght 10 jury
trial and becore subject the laws passed by Congress for
their poyerumcnt-ha the portion OF the 5t Article oil the
amendment which says in time OF war or pubic danger
refers only to militia when called into actual service
that the offence Capt. Mackenzie being connected with
his DUTIES and relates asserted abuse power
falls wholly within the province of Court Marial-but
that even this considers itself having concurrent
jurisdiction, the being before legal tribunal will
prevent action the part this-and that Lieut. G was
| fully e1oueratea by the orders ofhis ComHlander
Mr.. D. the opening Of his remarks, alluded in feeling
manner to friendship he eItertanS for Capt Mackenzie
and also TO the VITO has chung him bis athef
throughout his troubles and whom he has known and
teeuied from his youhhe also expressed bis ndlena
tom at those who lie said were endeavorng to bring end
less misery upon the accused and his family doing under
the preence of public gcod bu! nSga;ed by private re-
| venge.
About halcpast two, Mr. D. being indspesed from pal
p;aon at the heart asked that the further portion Of his
argument might be deferred Till this forenoon, and the Court
adjourned TO this day at Il O'clock.
CoRoNER's OFFlcE.-DIED OF DYsENTERYA AND
Want OF MEDIcINE-The Coroaer held inquest to-day
ON the body Michael o. Brian aged 49, native OF Ire
land Verdict died OF dysentery and want of medical at
! tendance.
DIED or opIExYAIso at the Franklin House, corner
ot Rutgers and Cherrysuee!s en- lhe body OF Elizabeth
Lawrence nad7e of this state, aged so years The de-
ceased who cook in the above house. retired to bed
between II and O'Clock Sunday night aRd was found
! dead in her bed early this morning. Ferdict-Died oil
| apopiexy.
CONGESTION LUNGs.-Ako, at No. Fulton street
on the body of Patrick Rooney las supposedly, native OF
Ireland aged about 25 so years He the above
place lodge Sunday night said he had just arrived
from Savannah and after beng in bed short time COM
paEed OF iiine,s, took peppermint and said he
better. This morning he discovered dead in bed Dr.
W. s. TOmpknS made post mortem examination and the
! verdict was Died OF congestion of the lungs.