New-York daily tribune., 1844-01-12

MIR
Of no ELECTS The present action Is TO recover he amount
an Tho rounl OF false return. The defendant showed mat VII
Ssnpsi had mortga:sd his furniture gentleman named
Clark winch ncrga-e recorded lie coh'=Ils' tAsIe
fore that had right 10 leyy The tonft charged maj
where nogace persona! goods ire left with - moftsdSe
M law pfesumss the Transaction BE- auduent anu at any
ME the Sheriff bound sell the debtors interest III mort
cage Verdict for paiGttifs, $3.50
COURT, OF COMMON NPLEAS -. Before Judges lSGLis
ULsuoEFFER and lSGRAHAM
Patrick Newman rs James Murphy.-lhe he Piillh-
f yhiIe sen. into an omnibus Broadway, IL Seten-
her last was struck in the back By the pole OF stage belong
ing 10 defendant and much injured that ne was unable
TO attend Tor four weeks asrward de olaSs ac
on for damages The defendant contends that hi' stage w"
NOT going over five miles hour tthe limit allowed bV law
a. ba ,ins that the .neayored stop his horses and
did eyerg ding to prevent the accident and that the ioufY
caused measure by pdlntlI OWL Cie'S"s'
Verdict FOR plaintiff, So
Us. COMMISSIONERS OFFICE.
THE Mail RoBBERY.-Bake and Flower, the
o men charced as being accompces with Housh in the
cent m all robbery Hudson examined Yesterday before
Rap-e. K was shown that Blake was seem
nndr suspicious during the night the sta
bic and in the stable yard where Hough also Key
WAS found his pocket when arrested that had evidently De-
longs. TO the mail bags hu: relative which ne made an eN
cuse that he kept for the purpose of opening oat BINS IN the
stable Nothing shown impicae Flower IN the trans
action and he discharged The further examination OF
Blake was postponed 10 this day at l2 o'clock.
Walsh the young man charged with purlonlng
clothing on board the ship Union examined and acquitted
William Benson, the mate OF the brig Morella,
who discharged Wednesday from want OF jurisdiction
for assauting with dangerous weapon was rear
Ted to-day compliant oil The same man. iof assault on e
high and held TO bail
SUPERIOR COURT. Gelore Judge OAKLEY
John Patterson rs. Joshua Totten.-This was an
action against tn defendant endorser OF omlssor note
The counsel for the plaintiff s!ed DR. NeTmsue, the maker
OF the note who testified that h defendant being unable TO
his name wness and d. Belden undertook TO teach
him By skechns with pencil and then the de-
fendan marked with pen and NIX; and that tins en-
dorsnent m3de this way-the defendant knowns that
it be used forthe purpose of asing money he note
bank The date Of the note blank at the time was en
doe but read overly witness dsend at the time
The farther stated that h. had been for many years
the family Physician the defendant and had com
way, the defendant lending him his endorsement
DR.. Relden testified, that he had been present
with DR.. Veneue attempt 70 learn the defendant to
M this way thai e had 1 nt awn an 9%1 that T5tII M 9
received notice of protest The Counsel for the plaintiff
here rested
The defence SET up was that the endorsement was
not the defendants signature sustain which the testimony
that defendant could read and was known
10 signed executed papers except in the presence oths
family aud thea by making hi: mark. This testimony
called testified, that e had
times executed papeTs away from his family Sf ffa ERA Bank
but the bank; No OF the witnesses Tecol'ectr ever
having known han 10 slSn his name as contended on
The question presented to the jury was the fact,
whether defendant had endorsed the note testified to- aud
knowing what he about Aud there beng evidence to
contradict mpeacI DR.. Vrrneue' testimony, the Court
fri "nS 's sflcf i' io the % r@in M nth S5s Henry
lantiAless J. Newhouse and GeraFdus Clark lor De-
| i.niaut.
" AID d. vaSDrRvooRT 1r, and PuHpy H joSAs B. PnlLllrs
ESQ. Acting District Attorney.
4
G Bergen indicted for conspiracy dsfrau the Atlantic
Insurance Company, Edward Sanford, Esq, OF counsel for
accused gave the District Attorney aud Court that
they enuned to the new indictment recently found by the
Grand Jury 1t arranged 10 have the argument heard by
! the Court on Friday of Week
Peter j. Valentine Elijah Brown, Jr and Will
liam NoneS, pleaded Gglt TO an Indictment o' keeping
disordy house the Bowefy Cottage 2S Bowery Sen
ence postponed to Friday.
James r. Rogers pleaded Guilty to an assault
and battery on John Thompson. Sentence Friday.
Philip Green was tried for breaking into the shop
of Edmund Broadway 80 Sixth avenue Guilty: State Pr
son years and E months
Thomas kearnan and James Keaman were tried
for assault and battery on John Corp. Guilty.
Thomas Horton pleaded Guilty to keeping dis
orderly and gambling house in Barclay and permitted
| TO put III ahd lvitS
In the case of William Gels, indicted for an as
saut and battery Daniel Weyebacher noIe rrosequ
Henry S. Green, indicted for libel ON Lucius
ComNock The Rockand Standard and David Robertson
aud john tunHnghon attempting SeIeGaily idl
| hS 20 appear their recoEAiLanceS were forfeited
Constructive Grand Larceny.
Thomas Plunkett, of No. Centre Market
Place. put upon his trial indictment for
tive grand larceny having in April last, taken and sold
goods the value Of $!i9 75 which had been left,
alleged b. Mr. Galen Barber while Mr. Barber
temporarily absent Rhinebeck. Nh Barber sued Mr..
Punket IN the Marine Court tine ndrecoyered
verdict of SlO0 but nothing recovered the Judge
ment 1t was proved by Mr. Barber that he had kept public
| ,,ca rI. L.
chests his beds, brddng table kitchen utensils stov- bar
furniture clothing &c. sc. the value of Sl5G-and
with hlS vile, came o this City aud hired &c ior9days
PIunkets-ha he then wished TO 20 in the country and
WITH M r~ke to keep them on siolass I1yns hm
sickness up the Rver-and when he back get his
goods of Plenkett, he unable obt in them, though
sometimes promised them, aud sometimes reiusedP!un
ke saying he had sold some OF them and saying he would
demanded his goods offering pay any claim for storage,
there but told there none that after being
there Dozen times, Punke made kind OF claim for
storage but did not state the amount that after ne SAID the
goods had been sold they Were still there that tie chests
dn nc taken out @ and m part sold portion hg=
ng up the goods clothes SC that the complainant had
been saucy and had insqls,d him H finally ordered Mrs
M n 'y and Sosd fS5 %e besides b y i
turned from the country demand his goods. Mrs Barber
corroboatsd fully al the statements OF her ubad-that she
asked him tell h4r his claim and she would pay But he
did not ss had some 10 IN hand at the time out OF which
10 pay his demand.
Nr Schuteldt Attorney-Deposed he went there
Barber and his Try rhe goods and settle
clam of Plunkety. any. That he asked Plunkett his
the goods aad would the rest Monday if hey
.nd ke Gs He was o5s aga a. If he h. would tell his de-
give any OF what had sold Punkett finally
called witness opprobrious and ordered him out Of
doors. Mr. Schusd finally sued Plunkett Tor Mr. Barber
the Marine Court and Judgement for SlC0 bur the
on was returned nuila bona and nothing was obtained
The prosecution then rested.
Mr. WARNER opened Tor defence, and called for
witnesses bur before any sworn the Court
having another compelled adjourn 10 II
O'Clock tomorrow tFriday) moraing.