New-York daily tribune., 1843-06-24
CITY INTELLIGENC
SUPERIOR CoURr-Before Judge Oakley.

building AZ the corner Of 2id-st and Sd avenue "hic "
occnD-d bv M Jacob Smith grocery store ahu w"
burn; together with adjoining baiIdns IN oe'o's
I, There was ke OF . lbs OF gunpowter IN the store
and the Company pay the loss avo"lns la gun
powd-r among The articles denominated
add ii kept IN building without an express agreement "
th,; effect useuds The policy while 1t Is IN s0ch
The raintifF contends that the ComPan! cha'-eu
In, highest rate OF premium and knew that the onidin ""
ccnn as rocerv and that glnpowde forms part :. the
stock Of country grocery store.
The Court in lis charge the Jury stated that the poiu'
Of law may come up for the consideration OF uii oehe"
and that the question for the Jury particularly to decide IS
whether from the evidence presented il usual tor kee
Of grocery stores Harlem 70 keep gunPowdeF as part 0'
their stock in trade.
rh. jury after hort absence, returned verdict IN favor
Of plaintiff Sl,55l and tina; 1t Is usual Tor soee
Harlem TO keep gun-powder part OF their stock
CorRr OF COMMON PlEAs.-Before Judge lnglls'
Fernando C. Gutierrez Charles E. Benson-Acion
AGAINST the publisher Of the Catholic ExPoslto 70 recover
b fr nrntinr said work The defence that the money
had an maid 10 Nh Black bought out the printing es
nbli,hent Of plaintiff lat - Fulton-'treei aud ain claim
10 such The Jury found verdict ioT plainth IN te
amount, being SlO7 So.
CorRT OF SEssIoys-Before the Recorder and
Aldermen Martin and Scol-s James R. Whiting District
Attorney
TRI, FOR .LsE PRrTEScr.-Hodridre Devy was put
upon his trial obtaining property by false PretenceS
Henry Johnson Of No Thomas-st. in October, ISL
The complainant Johnson dposed that the accused called
him To trade some land 400 OF which he SAID he
had in or near Milford Pa. for some OF ms property he
5 IN. land was within three four miles of Milford that
the ttle was uudispued. Having ascera'ned that hF
Dewy was responsible man, made bargain with h'ln
and traded with him barouche, ha and horses Tor -Vo
acres or half the land for which he gave deed winch
gave to Mr.. Dewy get recorded that IN September lst
Mr. Dewv wished trade with me for the other hall oil e
land Witness wished first the land Nh Dewy was
,yn 70 show the land and the latter with witness MI
Rerhsr and Mr. Newman proceeded TO Ionkers, Goshen
and other places and finally piece Of land Mr. Dewy
said was the ether half of the tract he had sold witness and
which he said unincumbered the title good ana th taxes
n,d mn Witness left Newman examine into the ctarac
.r of The land title and home. Mn Dewy came
back before Newman nd told witness that Newman SAID
100 acres of the land good SC and Decker Dewey also
said As the land GOOD suppos. You VIII give me
cnr cold watch &c besides. Witness left his horse and
WAGON with Devy aud others TO ride about IN; but this was
not the horse aud wagon intended Dewy 10 have PFevl-
ou, TO Dey returning witness had written 10 NrpinmlcS
i .orey al Milford 20 the title OF the land
claimed by Desy and Dimmck wrote 10 witness that the
title of Dewy the land shown vas not good; that II was
mart of tract NichOlsons estate &c itness took this
letter To Mr. Dc,yy who read and said the title was good
bu, gave witness order for the barouche and horses 10 he
returned him. but 1t was agreed SAL the te oil De"y
IN The land was good carry out the contract as before
Witness supposed that the land shown HIM not part ei
the tract Dewy had sold him. and that it not Dewys
land fThe letter of Dinmck not being legal evidence,
was objected to by Mr.. Mann and also by Nh Robert VI
le. Sl Phadepha) counsel of Mn Dewy, and was ruled
out Witnes, gave nothing for the second portion OF land
and received back all he gave for the first portion except the
blanket the harness tie also Kept the deed
James Newman deposed to having gone with ir Beech.
er Mr Derv and Nh Johnson the land sc; aid all
ng} At Goshen thence to Fort JARVIS anu ome n,ee land " w1
D, .,;9 w,< his Johnson asked the opinion Of witness
yprgl was wild
pl,ce SC Witness then stated now he proceeded 10 Milford
and saw Mr. Dmmck and from him asceained as he SAID
that the title good, but was part Of the Nicholson
estate Witness being cross.examned by Nr Lee would
not say that the land shown not the same as advertised
or thai it did belong 10 Mr.. Dew!.
Mr. Lee cited authorities, and wished the Court 10
charge the acqu the accused from The evidence be-
fore The Court The Court declined and said 1t was ues-
;on Of fact for the Jury.
Mr. Mann opened io the defence and said he should sho"
GOOD and perfect title to the land for Mr. Dewy.
David W Hasgerty called for defence depoed that tn"
400 acres Of land in question belonged Mr. Dewy that II
laid in Wesali township, Pike Co Pa; was land that had
been sold for taxes subject redemption Sc and deeds
were produced showing that in June 1886 the land was sold
for taxes b, Treasurer of the County OF Pike 20 Joseph
Miller; that in June lSi0 IL sold BY the Trea-
sursr Of Pike Co. for Henry Brink subject 10
1smptor that Iargery the witness purchased the land Of
Brink ubiect before and that shortly before the eNpa
ton of tte nigh; of redemption, viz June, 1872, Nh
Deyyv witness and wished 10 purchase the land and
have conveyed him and was so sold aud conveyed TO
Dryy BY witness who from that time was invested with q
full and complete title the land in question Witness de-
po,ed that the character Mr. Dey above reproach
The Recorder charged that the indictment against Nj
D.vy couh not possibly be- sustained his ttle the land
in question full and complete, and there could there
fore false preence. The Jury, without leaving their
seats found the defendant not guilty
DsoRprELY Housc.-James J. Turner tried for
keeping dsorderly house No III Walkrtstree house
of prostitution
Mr. Charles Leech dposed that he lives in Frst-s, and
that his boy beng absent he with the Captain
Of the Sixth District Watch aud found his up
the house aud also another boy locked up with Two pro
tu,es-Turuer having denied that his there. ti
found the girls hid away under III. bed when he entered the
His had been inselsr there by OF the iu
mates of the house.
Henry Toruanus aepoed that the character Of the house
was rotoousy bad The females gong and appeared
TO be prostitutes From the noises &c IN tie house, II
dlsorderly and had been for than year. The
cus-d vacated the house seve.,. weeks since.
The jury found him guilty and the Court ordered him
b. Imprisoned month IN The Cit. Prison and pay
fine $40 lie had been committed February for
lar orace and having absd the nuisance sentence
pended, when he commenced al the above place.
TRIAL FOR Assault BArrERY.-Cathafine Tenn-y
aud Sarah lIurew were tried for ASSAULT and battery
Fraacis Fox, Of I3 Mott-stIeet, MAY last The Jury
found them guilty.
The jury were then discharged for the term
FosFEtruRe..-Jacob Smith Joseph wager and William
Keuaety indicted for assault and battery, failing TO appear
and answer, their recogazances were forfeited.
4 SrxTENcEs-Dayid Mckenzie convicted of an assault
and battery Alice n, 10 take her life by
cutting her throat severely with razor State
Prison for ; years.
saal HaIeasen convicted of perjury swearing falsely
on tria in the Marine Court in the Of the Fishba.s
sentenced 10 the State Frison or ; years
Charles s;rams convicted OF forgery in the third degree
August sGS, forging letter obtain OF ths Union
Bank Of this city the plates Of the Bank Of Kentucky whose
had been carried up the Supreme Court and decided
against him, and who, the interim, had been wears in
Jhe State Prison to burglary committed in Albany fom
which State Prison he has ust emerged, was a,aigled
made long and hapodical address being seemingly Insane
sentenced the State Prison forgery fo w
The Court ordered commission ltn1tco inquiren
do 20 ascertain whether the prisoner De insane
SPECIAL SEssIoSs.-Before the Recorder, AL
dsrleu Martin and Scoles.
LAsorHiE,-Iamss Roouey, boy tried for attempt