The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-20
Common Pleas.
Befnre Iudpe Inc is.

TUESDAY, sErr. 10 Isaac Kolb VS. Stephen Warner
boarders at the house of man named Nun tand Lber
ty street, and slept in the ROOM in separate beds
The defendant an old bachelor, who by life Of hard
industry painter has acquired about $500 in money
which he carries about his body in belt and repre-
scented particularly sensitive about the safety of his
frugal savings On the night of the 10Th July he became
impressed with the belief that the plaintiff had attempted
TO rob him. aided by his brother Emanuel Kob His story
other and standing by his bedside, the two
brothers. the plaintiff at the head the other at the foot
He instantly felt for his money which he found lying on
newal of the attempt but when he next looked the
ties had vanished subsequently the plaintiff came into
the and went 10 bed This the story and soon
after he left the house About two weeks aerthe abrupt
departure of the defendant the subject Of converse
ton at the dinner table, when Smith replied that he
had good for leaving This led the owner of the
house and other boarders to make enquiries OF the de
his usual place of recreation when ike toll Of the day
over, when Sunday gave him rest from the con-
and aft much reluctance and in confidence, he told his
suspicious but requested that no words should be made
about it" that silence might be permitted to rest upon
the affair. Contrary to this WISH Murland end
manuel Kolb reported the affair to the plaintiff and
hence this action. The defence offered Mr. Smith in evil
dence to show that the conduct OF the defendant
empary. honest and frugal; that had he openly
charg the plaintiff but rather wished that his
tions TO the witnesses examined privileged and could
not be made the grounds for an action for SANDER The
court in charging theury observed that the language Of
the defendant SANDER and that the fact Of his not
king criminal charge when he had the testimony in his
possession rendered him liable action uttered
words charging the plaintiff with indctabe offence,
such the alleged SANDER That however true the story
the defendant might be- evidence was adduced to
proveit the jury bound to give verdict for the
plaintiff yet for the jury take into consideration
the circumstances under which was spoken-the abb
of malicious motive, the friendly
the land the wish keep the matter secret
All these very greatly in favor OF the defendant and
entitled him to the most favorable liberation OF the u-
ny in determining the amount OF damages-if ony-to be
given to the party SUNG The jury will return seal YER
dict at the opening OF the Court to morrow;
For the plaintiff Mr.. Charles Sherwood. For the de-
PENDANT, Mr.. q. Bushnell.
John l. Haleu VS.. sGe1ae4 V4sowan-fa action an Re.
Pierin-The defendant was in partnership with a
or transferred to the plaintiff satisfy individual debt
horse, light wagon and harness. valued at 5000, in
March, ls43, and which property seized back by
Wsenan under advice Of counsel For this the present
action is brought The plaintiff offered to produce the
late partner, Scaf, as evidence but this objected to
by Mr. Blunt counsel for the defendant the ground
that the witness was an interested party in the suit
AT this stage OF the trial is discovered that juror
who has been in attendance at the Marine Court the
trial of Cunning and Burdell serving the jury
The court allowed him to attend at that trial and dschar
ged the other jurors until 10 o'clock to morrow Wednes
day.
An alteration has been made in the accommodations for
arm chairs with curled hair cushions instead Of the high
backed wooden benches hitherto used
BEACON CsURsE TRorrrNe.-O On referring to our
advertising columns it will be that those cele-
brated horses Americas, Ripton and Dutchman,
come together for stake Of 81 $50, three mile
heats in harness, on Monday next, the 18th instant,
,3P. M. Great sport may be expected.