The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-03
Common PIeas-In Chambers.
Before Judge Daily.


Nov. 30-EIbaordn1ry charge Of Fraud and Conspi-
Arrest Of the P1fies George d. Dowtng rs Henry
Gofrey Wheeler, Richard Clamp, and .4nne Ciamp-An
application was made by the plaintiff Downing 10 hold
the defendants to bail who charged with conspiracy
in getting up malicious prosecution against him and
are also charged with fraud 1t appeared by the ath-
davt OF Dow ling that he had been engaged the Ma
tional IteHgenctr at Washington az reporter. in the
spring OF sis on which paper also engaged the de-
fendant (WheeierJ who being in distressed circum-
stances and with view to relieve himself from his
made proposition to Bowling join him
in business and open a store in this city Bowling.
the hattsring rep esentaons made 10 MN py wheeler
ton o. where he had good prospects OF succeeding on
the press and to this city for the purpose when
correspondence took place between himself and Wheel
time. In the correspondence in question: Wheeler says,
in Of his letters dated Washington, G. Feb 18th
ls43:-
$50 melancholy is the state OF my fnancesworse far
than when you heretha every sxpence that goes
from is like much blood distracted from my veins
Mr.. is more deporaby harassed than and thus
the only the lace Of the earth that would betIend
pUwerless and cannot Excuse these statements,
| and attribute them to the proper motives Few men
could have contemplated without feelings bordering on
Distraction the grevous troubles and thlicons that
have gone through during the last four months. have
sometimes thought that my mind must give way under
their accumulated burden Equally true is, that at pre-
sent can CLEAN OF sunshine-no hope OF escape
from hraldom than death II that the only
considerationsave in the undertaking upon which we
have agreed il that fails, all is gone"
The ali iavit goes on state Bowling subsequent
ly took No $40 Grand street. in his individual
name-a deed of coparlnership having been duly
cued making Bowling the active partner Cards were
issued in his own name Bowling gave the weekly pro
ceeas to Wheeler with view to deduct the profits from
sum for his personal expenses. The money thus
taken away was mostly appropriated to Wheelers per-
bowling induced by the teller Of the Long Island Bank
named William d. Smith, gave out his note to Mr.
the amount Of about Sl3 The note was dated 9Th June
so aud the - OF July following Wheeler confessed
lng store and levied on his goods The sheriff. being
duly notified that the goods were Downgs, sold out the
right, title end interest" Of Wheeler on the loh
Of July and withdrew from the premises, leaving
Bowling 10 uninterrupted possession but on the even
ing Of the day he again visited the PLAINTIFF store
accompanied by Smith Of the Long Island Benk, and
seized all the property the store-which he completely
stripped Bowling subsequently opened store IN Divi
sontreet in his name and got in fresh goods from
a Mr. Thomas scaron, merchant, in this city he re.
NAMED in business in Division street. until the Sepem
his amp Ann
Bowling and stolen his goods and various articles OF his
property, during the removal Bowling turned them
which, Bowling obtained a warrant and to evade arrest
Clamp and his reputed wife absconded from their dwell
suit which had progressed nearly for trial the follow
ing February he then arrested on charge Of Grand
Larceny on the oaths Of Wheeler and Clamp and BIZ
| liberated upon his own recognizaEce, Wheeler re
fnsng to come forward to prosecute from February to
nesses the Clamps and lady who transacted business
in the store, ss Grand Street where the name Of
Wheelers fatherinaw j. c. Clough, is placed over the
door, and the wife Of Wheeler now transacted business
and where he arrestedJ to show that Wheeler was
in this cy trial took place at the Court Of Sessions,
and Wheeer's examination, the Court directed
Dowlng's immediate acquitta and gave him certificate
to the effect that "here probable for said
complaint" These the main facts set out in the fiji
davit and statements. His Honor, Judge DAILY ordered
the defendants, Wheeler and Clamp, to find bail in one
thousand dollars each and Clamp get security for the
wife, named Anne Flaherty, otherwise Clamp. Daniel
Major, Esq, attorney for pleintif
Before Judge Ushoefer.
Drc 2-Pefer Dairy u.s. Theodore Schlcarfx.-Ths was
action OF repass brought to recover damages alleged
have been sustained the following circumstances
II appeared in evidence that plaintiff in possession o
premises situate in 47h street. Sd avenue, annexed to
which was pond Of fresh water covering about three
acres That on the first day Of January last plsinti
discovered that the ice said pond had peculiar np
pearance and having part oil II examined by sur
geon ascerained that the OF the dscoorng OF sad
in consequence oil the refuse matter OF paint
factory being discharged therein. II was put up In de-
fence, that said pond party formed by the waters
that wash the and guliics in ID avenuethat de
PENDANT is only responsible for such damage may have
arisen after notice had been given to defendant oil the in
urng OF the icetha. the veue OF the ice is the only
criterion for ascertanng The damages sustained by plain
tiff; and that in consequence OF the washngs OF the
and gulies running into said pond there ia
much probability that the injury caused by the
fuse matter contained in said water as from what came
from the factory.
Adjourned over to Tuesday forenoon