The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-12
Seventeenth Ward Court.


JULY ll.-hIvAL MEAsURERs OF GRAIN-Paul Grom
". Sohn Brady-This action under statute Of
the, uo view York. chap i4 Sec which provides
no person except those appointed in pursuance of
this act shall measure grain within the city Of New York
pay lee or reward under penalty Of saS Tha
pein Vas the heasurer general appointed by the Gov
ernor and Senate, and cdsuant member of the Lepisa
ture and the defendant was late wegher and measrer
OF the sloop Michigan, trading from Coxacke TO New
York, and principally engaged in bringing hay grain
and market produce proved that deisndent
grain for him and gave him bill for such service but
the witness added that were agresd unon and
from the whole of his testimony the measuring and
charging would appear to have been done with view 10
evade the penalty Of the statute The witness said that
he yet paid the defendant thing for
but another Witness Christi H. Wndower gave testimony
which went to show that the defendant had received
compensation though other services included in
the consideration. He said know the defendant and
have had conversations with him in relation to the mea
surfing OF grain not remember any about tho Sd Of
May. cani say how the Sd of May it was that he
took grain out OF vessel can't say that the defend
ant has received compensation from about that time
Not for measuring in particular have employed him
for general services collecting bills &C. Apart of these
general services measuring gram taking account Of
grain, &C. have psid him for his services 500 or $40
since the time mentioned This was for his services
generally keeping account Of the grain &C. could
not term it measuring
BY paintia~was this grain measured by the regular
This question was objected to, and overruled by the
C,ossexamned-I had nothing to do with the sloop
michigan What have spoken OF had nothing to do with
any measuring on board that sloop
Ms testimony was introduced TO show that the defsn
aant was pursuing this business though objected
70 as nadmissabe in this Indeed the whole case
was very severely contested by the gentlemen con-
gress
The Justice charged that it was the duty of all persons
10 sustain the law In this the allegation was in
BRIEF that the defendant had violated the aci of 1887 by
assuming to perform the duties 'of an Office to which he
was not appointed. On behalf of the defendant it was set
up that because there proof fee or reward had
been paid to the defendant the did not come within
the statutes but the Justice Of opinion that SO long az
his services gave the defendant claim fee with
in the meaning of the act and he thought sufficient proof
had been adudged to bring the within act The
commission OF the defendant made for two years,
which term had expired and to justify the defendant il
was his duty to show that he lad received new commits
SION The simple question for the jury whether the
defendant had violated the law.
Mr. BLUNT for the defendant asked the Court to charge
-ls That the commission which he had received con-
ferred on the defendant the power to 2nd That
license having been proved the burthen of showing
vocation thereof rested with the plaintiff 81 That the
appointment OF successor matter of record, and
could only be proved by the record itself
The Court refused so to charge the Jury and sent the
unable to agree.
This case, we presume brought simply to show
the legalty otthe weighing and measuring of grain by
non-commissioned persons who, understand, super
sede the legally authorized officer, and render his
mission unproductive; and conviction would esta
tons which pending would doubtless depend thereon
The plaintiff to this suit after several years service in
the legislature delegate from this city, obtained this
appointment PROBABLY as consequence Of his but
the defendant pursues the hold over policy and Paul
is thus put to much trouble and Inconvenience besides
the loss OF his perquistes. Now, it is worthy
the consideration of Old Tammany, that justice ia
done to an old servant.