New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-10-07
CRY INTELLlGENcE.
CouRr CAIEsDAR.-Circuit Court.-Argu-
zen, DayAn adjourned Circuit has bean ordered for 4

&C. 9, II, 49, A. g. IS, ial, IS, 3d. l27. 80 90 6,
FRIpAr, Oct s.
SUPERIOR CouRT-Before Jud ge OAKLEY.
C,rnp5eU p. Hlii- vs. Thomas Sufer1.-Actiou to re-
:oyer one.thd Of 47 oO0 being the Of loss on
speculation in State Marine Co. Stock undertaken IN 1881
the representation Of defendant that he knew the STOCK 10
good referred yeserday) Alter argument nonsni
allowed the ground that the declaration stated a
defendant the stock with liu intention to
deceive and efraud whereas evidence that he said ne
knew 10 be above par the books ofthe company winch
was the case as testified by the officers OF the company The
plaintiff Is at liberty bring his action the actual words
spoken by defendant who may bnng proof IN support oil
them
Roach W. The Corporation Of Neu- York,-The PLAIN
tiff while clerk TO the Water Commissioners, also acted as
pureyor Of water rents $500 for such
The case was tried before when the jury could not
agree. Verdict for plaintiff, $50.
Court OF SEssloNs.-Beiore the Recorder and
Aldermen Martin and Waterman
James R. Whiting, District Attorney.
TRIAL OF JAMES F. BLASEY coHcLUpED.-The trial OF
James Blaiey for mausaughter st degree causing the
death Of William Cullen the 10th August, by stabbng
was resumed on The part OF the defence.
Mrs Jane Fee OF Marion street, deposed that on the
morning of the 18th August Bzuey and Cullen came to heT
husbands liquor store they there apparent friends aud
away so together
qlerander S. Forbes, public house keeper deposed that
Cullen and Baney together his house that morning
and drank two three together and they afterwards
had cmch Blaney then took off his crava and they had
4 second cnch Witness u,erered and separated them,
saving they came friends and should 20 away such
They then became friendly and went away together nneh
came after them and asked where they went.
Clinton G.. Bird, of ths firm Of Fisher Birddeposed
that Blaney worked with him about years ago marble
cutter. He sober aud civil In the shop.
The defence rested.
.qlszande, Morrison, for the prosecutiondeposed that
he had always heard Baneys associates say h very
treacherous fellow and q mussy when in liquor
roSS-ezcmined-WitneSs has with No 5 Fire In
CINE; member. Blaney has often attacked illness
in the street: they not on good terms
iIIlham Nj Bancker deposed he knew Cullen, who was
the drill of the Company of which witness is an Officer IN
COMPANY No s. the night previous 70 his death-hnew
Bauey de did wish TO associate wlthBlaneys
character was bad amongst his assocatesyiz the young
men who ran with Blaney with No. Engine. Prosecution
rested
Patrick Farne defence said the character Of Baney
good.
The testimony here closed both sides. Mr. Brady ask
ed the Court charge points of law and contendng that
the abuse of Cullen the drunkenness Of Blaney at the
time aud the superadded excitement of Baney from the
supposed danger he entitled him acquitta He
cited authorities show that if this mansauger II
was nanslaugher much lower degree than that charged
in the dicnentthat it either usabie or eXcuSabie
homicide or mansaughter in the ltii degree
The District Attorney argued with ability the several
points of law attempted to be made by Mr.
Ing that from the facts in eyidence--the killing of Cullen
was clear case of murderwch included the lesser crime
ghte several degrees aud that this was after
murder of manslaughter IN the irst
decree-of which the prisoner should be convicted
The summed up by the respective counsel,
the Recorder charged the Jury that in the opinion of
the Court from the evidence adduced, the case
under the statutory definition of mansaughter the
first degee-,hat clear OF murder at COM
mon aw-that the jury could NOT, under this indictment,
find verdict Of murder higher offence than that
charged in the ndctment-but that they had right find
the prisoner guilty Of gh,er any lesser degree than
that charged in the indictment II in their Interpretation OF
the law they deemed him guilty IN any lesser degreethe
Cou opued however that the offence did legally
under the definition of mansaughter in the 3D. Cd 4 de-
srees as defined by statute
Nj Brady excepted the charge of the Recorder, and
the Jury retired After absence of three hours they
turned into Court half after O'clock stating that they had
not been able agree upon verdict and wished further IN
structon which the Court gave stating that they mis; ind
3D. Sd 4h degree They still could not and
discharged They stood for the lst degree, and
the degree
The Grand Jury came into Court with number of bills
Of Indictment including bills against Henry NJ and Esther
Racge for forgery and ten bills against Henry Saunders
for forgery the Sd degree forging checks several
banks of this city for in the aggregate and obtained
.~~"e,-,o ~i,i. ,lley se'rraiy pleaded not guilty;
did all the other prisoners who were araigued.
The Jurors discharged until Monday and the Court
took that time
SPECIAL SEssIoNs.-This Court met this morn
ng O'clock and disposed hours of % Gases as
follows, viz: Fifteen tried for petit larceny
for assault and battery OF which twenty found guilty
and nine the Penitentary five the City Prison.
the House of Refuge sentences suspended and they dis
charged and sentence postponed TO Tuesday three
were found not guilty.
POLICE OFFIcE.-CHARGE AGAINST AN NJ. D.
named Hatterly Foster who pretended to be
doctor of medicine, arrested his morning charged with
having the lsr INST stolen shirt from the boarding and
porter house of Urah Ham, No. 81 Fulton street. where he
occasionally boarded HIS also accused of attempting
robhe money drawer Of the establishment and was
commltted 10 answer.
STEALING FROM A HorEI.-Elward Jourdan late a SER
want IN the hotel OF Mr. Howard Broadway arrested by
officer Barber for having stolen the 18th ul, umbers
dishes, &c, property Of Daniel D. Howard.
BCRcLAar.-The house Of Mrs. Thompson widow No.
1874 Boome street. burgaIiousy entered by forcing the
basement window and silver spoons ladies' dresses other
clothng Sc. sto!en-;heiburg!ar escaping.
BURGLARY AND ARREsr.-The unfinished house of Sa-
mue Mitchell, Wooster.srreet, Canal was burClar
ousy entered and robbed Of bolts window lasennc SC
colored man named William J. Cooper arrested and
committed for the offence.
Brutal Ass.uLr,-on the eth ult. an English sailor
named William Jones, swearing he would Kill Mr.. James
Doyle of the lth Ward attacked him ard beat him on the
head with three badly featuring his skull Complaint
made b. Michael Dane of the outrage, but Jones had
fled to New Orleans IN the ship Caspian and has escaped
Doyle lies IN very dangerous state
CoRoNERs OFFcE-DEATH BY Drowning
The Coroner held inquest to-day No 10 Centre street
the body Of Joseph McQuade, native of Ireland aged
30, blacksmith Incorporate habits who was last sssn
alive very drunk late hoUr on last Sunday nght and was
found last evening floating the dock between Courtaudt
and Liberty streets Verdict, death by drowning.
Dreadful ExrLosloS.-Thc Albany Evening
Journal contains an account OF terrible explo
sion in a powder mill at High Falls, about seven
miles from CatSkill. 1t occurred on Wednesday
afternoon at about 5 O'Clock. There were sir
persons in the building at the time OF the explo-
sion, all Of whom were JLO,cn to atoms Some
800 kegs Of powder are said to have been in the
mill when the accident occurred. The foreman
was indisposed, and the person having charge of
the packing and drying house is supposed to have