New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-03-13
Gitp fntelliaenec.

SATURDAY, NdrCn III.
U. S. CIRCUIT CoU RT.-Before Judge Belts.
Tue SoMERs CAsE.The Court room was again crowded.
TO hear the argument relation the questions nrnrounded
n ,. f..,na Duer, vehalf OF defence, solicit
ted and obtained ill Monday (ths day. before answering
the elaborate remarks othe counsel for complainant Either
Mr. D. or Mr. Robinson will address the Court this lore
be followed by Mr. O'Connor the other side
Mr. Butler farther remurka in illustration oil
his positions of Friday. He urges that Capt Mackenzie is
only aenaie the principle adopted in the 9TH article OF
The amendment to the constitution, which provides that ne
person Sa be bed for capital or otherwise in
famous crime, unless prcsentmen indictment OF
Grand Jury except arising in the land or naval
ferces the militia, when in actual service, in time Of
public danger'-and that Captain Mackenzie would
have rsbt appeal to such if found guilty the present
charge Of murder against him by the Court Martial Also,
that the naval code authorizes murder committed board
naval vessels abroad to be tried by Courts Martial and
shed by death yet that those Courts Martial be in
suted abroad-and that the crime Of murder cannst be
passed upon by any other Court than that OF the Circuit in
any district within the territories OF the United States
The Court adjourned to this forenoon, at IL o'clock
BEFORE A FULL BENCH -Decision.-Simon P. Huff
The flavor, Aldermen, &C., Of NewYork-Thc plaintiff,
for time has been acting crier of the Marine Court,
and presented bill for services which dSalowSd by
the Committee OF Finance principally the ground that
crier has been designated to that Court by law He
brings action against the Corporation under the law OF 1S42
which provides that So per day shall be paid to The crers
Of certain Courts for each day they employed and 81 so
for other Courts of record. Demurrer is made the
ground that the County, and not the Corporaon is liable
the pny crcrs The Court, in rendering its decision
stated that the Marine Court is Court OF Record, with
power issue commissions but not grant trials, to act
OF naturalization and unlimited in marine cases,
yetit Court formed by statute, and crier has
been designated and it is doubtful il The present action
can lie on lis merits At any rate the demurrer is well
TAKEN as the action cannot BIZ maintained against the Cor
poroon although the money would be paid, if at all, from
the fund III had been brought as implied by sta
The law says that the chamberlain shall pay the bills
OF cries when cert fed by The clerk OF the Courts which
they belong. Action therefore, respects cers only
be against that officer. Judgement for defendant de-
murrer, with liberty 10 amend, on payment Of costs.
CIRCUIT CoURT.-Before Judge KENT.
Ketchuui, Rogers L Semenl Wm. Hamme! and VIM
B. Carlock-Acton note, which had been cashed by
plaintiffs Mr Morgun. 1t Of several, ITO which
ausion has already been made in former trials respecting
them LETT by Mr. Carlock with Wm B. Jessnp, who
TO advance per them, and place them
keL Mr. Carlock was induced TO sign memo checks when
he received advances doing in the nature of receipts
which also held against him. They were passed TO
Mr.. Morgan, e latter asserts for valuc) The defence is
fraud and usury. 1t shown in evidence that the plain
tits cashed the paper good faith and that BIZ. Carlock
declared the notes. when deposng them, be business
paper The jury under all the circumstances however
bard il might be Mr. Carock considered The plaintiffs
as entitled to a verdict and gave in their favor for the
amount with interest, being $5sl go.
COURT OF COMMON PLEAs.-Before Judge
Ingrallaal-Joseph Nones Peter LazibertMr. Nones
Real Estate broker. He agreed to obtain for Mr. LAM
bert $1,000 security of bond and mortgage for doing
which MIR l.. gave written stipulation to pay him $50
brokerage. Ate, the money had been procured Mr. Lam
bert un1ble take it, his wife refused sign the
He also objected pay the $50, action
brought. The defence Is that the statute allows broker
but obtaining loan OF $iO6 for year. and
that the agreement therefore, is void Tneourheldthat
statute only embraces loans for year, that unless
defendant shows this have been such the loan must be
considered as beyond that p0rod Verdict for plaintiff
EXTRAORDINARY CuRE-We yesterday heard of an ex-
traordinary performed by Of our distinguished
physicians. Hitherto under the impression thai
cancer, particularly in the breast, ncurabe con
plant. and much graihed TO learn from DIR. re.e
Atkinson, in Hanoyerstreet, the grateful husband OF ee
patiently that under the udicious management OF DE- HOT
this city, his wife, who had been aborng under t
disease dreadful form for FIVE years, during
which time she had received all The care ana alehoh at
the skill OF ssme OF eminent couo ooef
has been completely relieved. we thooSh. 'nl9 se &c
served publicity because have hitherto been LED 10 be-
eve that cxtrpalion the only remedy ana we are
To add that in all cases which we Rave heard In which
the knife has been used the result has been fatal II Is DUE
therefore 10 an interested public that should be known
pt nv medical treatment and apparently
homeless case has entirely subdued, and the patient
perfectly freed It's ravaging effects 1t gives plea
snre To add that isolated case but that Dr. H.
has been equally successful in his inward treatment OF TWO
other cases that have been brought 10 our notice