New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-10-06
Deferred
CITY INTEL IGEN e.
WEDNESDAY,. Oct. I:
CIRCUIT CouRT-Before Judge KENT.

| CIRCUIT COuRT.-belOle Judge hENT
Nicon Halsey vs. Lsris ". Clark-s76o given al
Detroit in bills of the Calhoun County Bank, Michigan, for
note to tia, amount But 500 realized for the bills
The plea Of usur up 1t shown tina; the bills
payable the OF the Bank On Marshall Mch
| igau in specie. Verdict for plaintiff.
Piny B. Fuller vs.. VIM R. .4nttsny-The defendant
came here from Little Falls and obtained credit from PLAN
III on representations thar he solvent and worth money
which proved not 70 have been the Action oil IFoFe!
is broush, on the fraud. Verdict for plaintiff, slO2.
John Peck vs. Rufus Mecch e al.-The plaintiff sues
on note OF VIM c. Rice Co.. pfoprietors, IN 1884, OF
the Ohio and Troy Transportation Line OF which house DE
PENDANTS partners They contend that Horace Meach
and Archibald W Ges also belonged 10 the firm, aud
should have been excluded jim the SUIT The evidence did
not legally show the fact. Verdict for plaintiff s9'' 20
SUPERIOR CouRT.-Beforc Judge OAKLEY.
John Ridley VS. Moses BeGdei--To test the ownership
in right of way from Rrington street, between Christie
and the Bowery, formerly pa Of "Deaucys West Farm
Verdict for plaintiff, 50.
q. STATES DlsrRIcr CoURT.-Before Judge
Belts.
The T. s. vs. Jean Basso.-The defendant surety 10
the amount of $4,000 on the bond Of Anthony l. Fosch
who indicted for perjury al the Custom House aud for
feited his against the surety The
defendant became such under protest. after Mi Ffosch so
been arrested second time the his first
being considered good commended that the
second arrest vas illegal Verdict for defendant.
Court OF SEssloNs.-Before the Recorder and
Aldermen Martin aud Clayton.
James R. Whiting, District Attorney.
GRAND LARcrHY.-Johu Williams, colored was
tried for stealing horse wagon and harness from Michael
p Vreesnd, of Bergen county, n j. which we've stolen
from Washington Market. Not guilty
q, 7 l. ,JoJ
with his Michael tried for stealing ss,l55 from
Robert Codd broker OF Toronto, Canada who also had
branch Office Buffalo this State. Mr.. Fl B. Richie
deposed he kept Office for Mr. Codd Buffalo, and
purchased Canada money for transmission TO Nh Codd al
Toronto. That Sunday the 18th June, he transmitted
package containing $3.50 Canada money, BY Chief
Justice Robinson Of Henry Richardson, directed 10
Mr.. Codd Toronto, father Of Robert Codd. Henry Rich
alson deposed that he received the packer OF Mr. Ritchie
and carried il Toronto where the prisoner was his
won't board the boa, and asked for the package of
Mr. Codd b. whom he employed, and the package was
handed him and he took away Mr. Codd depoed that
the oath June he learned the prisoner had got the package
and gone off with searched for but could find him; sup
posed he had started for Europe went 10 Rochester, heard
he had been there sell Canada money! 10
this city heard in Wall that the prisoner had been
there 10 sell Canada money The found and
I'd and refused tell where his father was bur the prisoner
after found and arrested in hotel with carpet
bag containing silver money About $4,000 was recovered
which Sl4O0 in gold found the son. and the bal
ance $780, the father all specie. Found where
bills had been exchanged specie aad erchangedt back
again for the bills The prisoner after told witness
his had exchanged all the money and that his had
taken the package from him at Toronto.
David Howe, broker, Wastreet deposed that he puI-
chased about $1,000 in Canada money of the of the pf
and paid him in the amount down
Of no
took the money away saying was for his master who was
mp town.
Officer Walker deposed that he arrested the of the pri
Harrison Hotel and found in his possession about
S400 in gold and silver. Officer j. L. Smith arrested the
prisoner the hotel and found in his possession from
1900 $500 in gold. The prosecution then rested.
Mossrs Price and Penr for the defence commended that
no proof Of larceny this State had been presenuedthat
the evidence only show enlightenment Canada
that By the common law larceny mad been committedas
tie charged be stolen not property by the com
mon w-but choses action .nd only made by the
statute of this State for bills stolen this State and not for
those stolen foreign State; make which larceny, an
aco that foreign State be passed and authenticated
copy of that produced-and citing authority in rela
ton 10 stealing letter to sustain his position
The District Attorney denied this doctrine toto, aud
coutended that by law OF this State, the taking of
bank bills in Canada frloniousv aud bringing them this
State larceny, and that larceny also in Great
Britain and her Colonies-and cited prove H.
The Court decided that the taking Of the bank SC
was ieonous taking of money in Canada, in the opinion
of the Court. To this opinion the Counsel for The defence
took exception
Mr. Phenx chen tool, another ground contendng that the
prisoner being pr Mr. Codd and receiving the mo-
ney rghully aud lawully-and the money having
been in possession Of Mr.. Codd was no iarcenybut
merely enlightenment.
The Recorder reped--,hat the money legally in
possession Of Mr. Codd when taken from his
Office in Buffalo, directed his other Office in Toronto
Mr.. Pheniy conlended thai the larceny in Ca
NADIA where the bills charged be stolen; and Mr.
Price cited Moody bear this loctrneaso BarbeIs
Criminal Treatise.
The Recorder said the very authorities cited ended to
confirm Courts decision. The District Attorney made
long argument against the doctrine of defendants Cou
sell The court deciding with the District Attorney. En
cep,ion made and noted The submitted BY the
respective Counsand the Recorder charged pontedly that
the f-lonious taking of baul Canada larceny
5 the common lG,c-inasmuch the bank bills
sidsred construovely the possession Of Nh Codd when
in his office Buffalo and continued while transmitting
by MS agent OF servant TO his other Office Toronto The
iury found the accused guilty.
Michael Noonan tins Of the foregoing prisoner, was
then by OF parties and District Attorney and by
der Of Court distinguish he could not under the
;imony, be convicted of the larceny with which he was
charged in the Indictment.
TslAL FOR MAssL.UcHrEn-J,me T Blauey was put
upon his trial for anslaugther the st degree IN having
on the 18th August last caused the death of Young
named William Cullen By s;abbing him with knife when
in porter house Aoltstleei. Alter the jury had been
enpannelled the hour Of three having arrived he jury were
discharged until II O'Clock Thursday 10 winch hour The
Court ad ouruel.
e Sylvania Assoctation.-0fce No p
Pine 81. third story. Open from 10 TO y NJ Information
chesTf,illv given The Constitution gwen. lyiV III
TNDIA-RUBRER OVER-SHOES al DAYS, %
i Maiden Lane.
u, 900 pairs Lalirs plain and figured Rubbers
i.sG do Mems do. do.