New-York daily tribune., 1843-10-19
WEDNESDAY, Oct. IL.

CIRCUIT CouRT-Willidm A. hentiSh VS.. T..
B. latham &. BENZ Tatham, jr. mpleaded latham &
Brothers. This resumed this morning. In our
report of Tuesday ought have been stated that the de-
PENDANTS positively deny having employed the plaintiff
c. c. Gray, Esq Counsel for plaintiff explained OBJ
servaons the testimony Of yesterday and said upon fur
ther examination they convinced Mr. Chas B. latham
was member of the firm of latham & Botherstha,
they submitted nonsu but previously the request OF
Mr.. George n. latham, they would recall him explain
his conversation with Nh Ewbank spoken Of by that Wit
ness.
George ". latham here said with permission Of the
Court wish TO acknowledge the honorable conduct OF the
gentleman"
81 was sworn yesterday. In reference to Mr. Ewbanks
testimony called witness in the of Ewbanks
vs. Hillsburg the Circuit Court Of the u s. and was
crosse1amned this subject great length by counsel
denied and again that any Of us had employed
this Kentish In that suit Ewbank prevailed 1t was after
wards ntimated through counsel that Ewbauk intended to
involve controversy for violating his patent We had
never inrnged upon it, Mr. Ewbank sent for of u.s.
callen upon him. He again charged with having en-
poyed Kentsh. again denied it positively MIR.
Ewbank said but you paid him. denied it, but said that
after ne had written had given him money upon his
telling me, that he of bread Mr. Ewbank then
observed you distributed Of his circulars from your
office. acknowledged this true, and said It was the
ousy error we had committed aud that regretted 1t is ut
lsrly false that any OF employed this man.
The case being closed the Court directed nonsult to be
entered against the plaintiff Gray and Shannon lor PLAIN
tiff, Clapp and Cowles for the defendants
Court OF SRss1oNs-Before the Recorder and
Aid. Martin and Tllyou.
James R. Whiting, Esq, District Attorney
At the opening of the Court j. N. Reynolds Euq
the counsel for Michael Walsh and addressed the Court
had
remarks proceeded read and called attention of the
Cour, article published in said paper, grossly abusive
Of the Court charging them ith being inmdaedby Walsh
and his associles, with midy shrinking from their duty
SC. the trials Of Wash-reectng also with great
ty the uryand aso abusing the Court for not having
sentenced and punished said have been convicted
of writing fo aud publishing ad,repuabe paper and who
it stated, permitted to sit in Court and take
of proceedings Mr. Reynolds remarked that
had fallen strange times indeed when party who had
the verdict of jury should charge that jury with
having ,hrunk from their dutyand who had dared also
attempt in,midate the Court by his publications We
have right added Mr. Reynolds point the appropr
remedy be appedby the Coultand perhaps the Court
will deem it worthy Of their ttenton-but duty
required bring the before the Court for their
Consideration The Court received the paper and said
would give it their attention.
The District Attorney also addressed the Court and said
he had consented the nole proseq yesterday
the of Richard Cunningham indicted for an assault
and battery with intent Kill the porter the Carlton
Househa he positively refused his assent 10 said noe
prosequand requested the Reporters of the several papers
TO correct the The Court stated that they had con-
send the noe prosequ under the apprehension that the
District Attorney had consented it, and motion of the
District Attorney the nOle prosequ vacated and the
restored to the calendar which was done
Mr. Graham and addressed the Court calling attention
TO an informaty in summonng the ten urymen who were
yesterday summoned-n addition TO the regular panel-par.
cuary in regard the striking the name of Mr. Yer
no who did not appear and inserting that Of Mr. Carter
which pronounced illegal well informal and OBJ.
ected TO the entire jury that This led AMI
mated and rather exciting remarks between the District At
orney and Counsel for defendant and the Court ,hereupou
in order to gaze the proceedings discharged all the Jurors
i'll number who impaneed, and ordered panel
Of 40.
The Sheriff then, al cue o'clock, proceeded to
cute the order Of the Court in summonng the additional
jurors which left the Court unoccupied until 4 O'Clock
when Deputy Sheriff Green made return Of 40 Jurors.
After examining 25 being all of the jurors attendance
only Jurors Obtained and order givan
mon tales sufficient complete the jury try Michael
Walsh for the alleged libel on Joseph Southafd
The Court then adjourned.
POLICE OFFlcE.-PIcKET PIcKING.-A female
named Mary Phillips imprisoned for abstIsctiaC the
pocket book of Stephen Detckson, of Cherry and
snd james
MORE DISHONEST FEMALEs.-Slary Sheaden and Ann
Smith committed for stealing capeng and mai from
the premises OF jas. r. De GIushe, 1873 Walker st.
THEFT ACoAT-Patrck Smith as cauch, this morn
ing the act OF stealing from John Marsh OF No
Orange street, and was arrested and committed
SroLEN YALisE.-Oicer John Lowe who is stationed a,
the foot of Courand street, found this morning in a. area
of large storage store IN Liberty street. Greenwich
black leather rase broken open, and in H. three shirts
marked James T. Sherman, also bible prayer book and
shaving utensils The vase puTpoI,ed TO be made a,
ton, New jersey An owner Is wanted as aboy by Mr.
Lowe
Correspondence of the Boston Times