The New York herald., 1844-10-30

that time IN New York--lives in 2s Grand street.
PETER Roqugr Witness, Daniel Hine-Known him
years-resides in s7th street
wiLL,AM HAnrER-witness, Mary Jenkins anne into
this country under slives in Goth street. ID Avenue
DomrAss BERa-Winess, John Hellwaggin--R Resides In
81 Courtlandt street
FnEDs SGlLMAs-witnes John Helwsggin-Knew
PnnIr HARrr- Witness, George Linden-Know him
years-lives at Ia I'd street
JoHr 8. MrscESrHALL-Witness Frederick Msrcen-
thall-Known him here more than eyears-residss Ia N
York.
FREprRIoK KMERcErrHAIL-W Witness, John Mercer.
thallKnown him in the United States more than years
we stand in the relation OF father and son
BERNAAp GuILELM-- Witness, John Ferret-Known
him years-lives in New York.
JoHr McGEcHAr-Witness Edward McCsoe-know
him have been years in this countryresdss N I'm
ward.
Thomas H. CoprIss--waness, Thomas Blackman-
Have been in this country l6 yerrs.
oEoxcs PRusLEE-Witness, John Hnrs-known nim
more than II years-he has resided IN the city all that
DANIEL .MeGKArH-witness, Edward McCsbe-Re-
JOHN 'HAsSnL- Witness. George Presslerl los Houston
street.
JAMES Bsows-- Witness. Henry Lockhart-Know him
to have been in this country yenrs-lives in William
MICHAEL o'NEAL-witness, Charles Mauhews-Has
known him to reside in the city during the greater part
Joss wrLIIAMsos-witness Thomas Morgan-Lives
in New York
JAMES Witness. John Haven Heve been in this
State upwards Of nine years; lives at 743 Broadway
EDwARp WELcH-Witness, John Haven Resides at TAB
MAclLIs Boo Witness Adolphus wold-Knows him
more than hvs ears he s seaman but always sails un
JOHN BgAcoN-Witness, John Hansal lz-Have known
him TO be five years in New York.
JOHN DErz-Wiiness Jacob Kline-Known him eight
years; resides in 18th street. sth Avenue.
GEoRGE HoMMoN-Witness Gotifred Schebel-know
him have been in this State since 1898; lives at 262
PArRIcx Witness, Hugh Dohery-Know
him to have been New York than six years. lives
at the corner OF Gay street
MATTHEW BARRERET-Witness, Michael Walsh-Lives
in l6tl street.
DArIKL KARR-wtness. Thomas Karr-Lives in New
York
DANIEL RAyrEnrr-witness. Thomas McKnight-Lives
PH,LIr Witness, Ann Bray-Know him "a
years; resides at l47 Crosby street.
ERAsrus Witness, William Downs-Know
him six years; lives In 2l2 Madison street
JAMES MoKEsSA-W Witness, John ALTERNATIVES IN
M,cHAnL KAvArAeH-Witness Peter Kavanagh-Know
him seven years; resides in New York.
JOIN CAsEr-Witness, Richard McHorsy-Lives in
HsrRrcx GRorH-Witness Frederick Auu-Know him
Ave years-Lves in New Yew York.
JOHN s. w. Kirc-Witness, Mathew King-Lives at
DANIEL BoHrERT-Witness, Sebastian Kohltheph-
Known him for 10 years-Lives in New York
JOHN RrAN-Witness, Patrick Evers-Have known
him to be In the United States more than years-Lves
JAMES MoHEsEy-winess, Patrick McHeney-Lves
In New York.
JAMES WILLIAMS Witness, John: :Pears-Have been
siding in the United States since 1892.
LAwxEscE ONrAL-witness James Fitzpatrick-Lives
JoHr McDERMoT--W Witness, John Murphy-Kown him
IA ars--Teside at Cold Spring
CHARLrs S,rTH--W Witness William Hawk-Know him
more than years, during three Of which he on the
Brazil station In u. =. ship.
THOMAS LALLy- Witness, Patrick Casey-knows him
yeara-lives in DrooKlyn.
WILLIAM BRADLEY-Wness, Thomas Bradley-lives in
Brooklyn
him TO be in this country more than years-lives in
Orange county.
JONI HARLEy-Witness, John Barrett-know him 0
yearshas been in this country since he wa year old
THOMAS DUFFEY- Witness Janes Dufiey knows him
than 5yearslved in Albany last year but he has
resided more than years In this country.
MARTIN WHIrE--Witness, Stephen Donohoo-has been
years last Augut
JAMES McCorrEi-Witness, William Bradley-know
him TO have resided in this state moro than five years
SAMUEL McIsrosH-Witness Charles D.. Wilsen-re-
sides In Maiden lane
JAMES Witness Charles Craron-has been here
more than 6yesrs--resides in Brooklyn.
WILLIAM BKRnr-Witness Thomas Lynch-has known
him more than years-resides in Third Ward.
Thomas LrrcH-Witnsss, William Berry-know him
10 have been in this country since April sss-resides in
JOIN CLARK-Witness Thos. Gearen has been in this
country years-resdes in William street
Before Judge Ulshnher.
Ocr 29.-Bnrnard Prindie jacob Surge and Holmes
Tappan-Ths action Of trespaSs the case TO
OF $5Ss alleged TO have been loaned out by
plaintiff Tor the use and benefit Of defendants whilst in
their service as sea captain 1t appeared that the plaintiff
in his capacity captain in June last went 10 New
p y ss Gr the Z.
he he returned after absence OF three months,
and brings suit to recover compensation for loss Of time
and service for period OF three months, at 500 per
month"; and for board whilst residing at New Orleans for
hysve days at 50 per day also for passage money to
aud from Orleans to New York. The chief ground
ieepce pu, was, that there noher pend
ing between the parties which being settled and
cept bSing obtained from the plaintiff 1t was commended
amounted to receipt In full.
Thejury will render sealed verdict this forenoon
Judge U1shoefers Deesnon in he Of Henry Coul
| Ter against Thomas Mcyadden 4 Co., gipen Monday 7h
October ls44-st The plaintiff has execution levied,
and the property repevned and he still proceeds un'
der the fraudulent debtors act This he has right to DO
until he has all the defendants property until he has
undsputed property sufficient TO his demands.
I'd, There proof Of binding agreement plain
sufficient, especially when the stipulation in writing was
only for 90 days. and when Brennisens written acknowL
edgmept that planth IL entitled to the pianos The
Judgment Of plaintiff 10 conclusive against the defendant
| a. TO plaintiffs demand
ID The original fraud alleged in contracting the debt,
Tor which judgment by confession was afterwards obtain
ed 10 immatersl and not available after long delay,
and after Judgment confessed and accepted as for pecu
MARY sdemand. The fraud Is merged or waved.
4th Whether Brennisen persists in claiming the pin
nos his written acknowledgment 10 Of
no avail 10 defendant who ough. considered this
before he confessed judgment 10 plaintiff.
5th witness may be- mpeached but the affidavit of .
party to former proceedngsi in his fsvor comPe.
tent But granting that the affidavit Of party may be
mpeached In such case, still when some witnesses i'm.
peach and others sustain him the competency Of the a
f8v IL not destroyed ath0uRh the cegfee OF creo 10 DE
given may depend the circumstances in proof cor.
roborafDg or sustaining such affidavit
sh The plaintiffs proofs sfactory that the de.
endsnt has property which he rauduleny nceals and
uDjustly refuses to apply to pay the plaintiffs execution
| Wien a plaintiff makes cut such case against de
ndant hes been made out in these proofs the defen
dant must show what he has done with the propertysay
watch, seal, chain, &c A defendant must show wha,
disposition he has made and when he as to all and
refnses himself to answer, he mus, be committed The
legal presumpons are against him. The PLAINTIFF case
suicimly made ont and supports the charge that pro
pery stated in the accusatoy papers ought to be applied
to pay the execution.
7th The defendant by successfully disprovng some
Of the plaintiffs charges does not screen himself from
| the Others especially when the defendant might have
heeu sworn himself hut refused The plaintiffs general
character for truth makes difference because he has
produced ufcient proof apart from his affidavit
that defendant refuses to apply property TO pay plain
Il tiTa execution
Upon the whole have not the least doubt from the
testimony that defendant fraudulently refuses TO apply
his property 10 pay plaintiffs execution, although TO