The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-11-05
Common Pleas.

Common Pleas.
/ Before Judge Ingraham
Nov 4-WfLiam Forsyth VS.. John Ha,dis This
committed the person Of the plaintiff BY defendant
appears that plaintiff occupied premises in Warren
10th Of July last defendant who formerly tenant Of
plaintiffs entered into said store, and without sny pro-
vocation attacked the plaintiff and followed him into
back ROOM where he had fed for protection struck
him several times when sickness ensued in consequence
and plaintiff unable to do his usual work. For the
defence put that il the store had been closed (as
ought to have been Sunday such assault could
assaulted and had Afterwards in
selfdesnce which was corroboraed by his Witnesses
For plaintiff, T. w Smith for defendant, Mr. Phoenix
General Sessions.
Before Recorder Tallmadgs and Aldermen Winshp and
| NJ. G. PATTERSON. Esq District Attorney.
| Nov 4-The Nov. term Of this Court commenced to-
The Calender The following is lat of the to be
disposed Of during the sitting of the Court, viz
larceny 81 ossnca fal.s pistsn.e assault and Bat
terry, a.Totai g. Old cases previously convicted but
81 abandoning afamily, Total, IL; making in all, Of
A7Hs Grand Inquea The following persons called
and sworn to act Grand Jurors. viz Zebedee Cook
foreman; William Anderson, William Bakewel VIM. D.
VIM g. Connolly. Abner L Ely, Charles Gould, WIN,
Ireland, earle. King JohnsR Lecount, Nehemiah miller,
John Morehead, Msngle M Quackenboss, &c Reynolds,
Henry Ruggles, ]. w. Simonson, VIM Smith and John
sTHe ch.rs.-The Recorder briefly charged the Grand
duties. and appeal to guard with vigilance any viola
tioa of the election franchise, and they retired
The Petit J.y-As customary "a gentlemen were sum-
moned, but only ~ appeared to serve.
Fined-Three Jurors were fined $15 each, for at.
Postponed trials Of John Sullivan and Thomas
Smith, placed on the calendar Of today TO I've disposed Of
dsenes insisted on peremors
and but few petit Jurors were in attendance
Tial 70, Grand Larceny Abraham King was then put
$500 the 18th Of May last and which the property
Of Mr.. James D. McMann No. l6i varick treet.
NELSON H. SIMoNs, in the employ Of Mr. McMann, de-
posed that the prisoner hired the the purpose
Of going to Hackensack N j. but did not return with
some time afterwards to Chatequay Corners Putnam
county where the prisoner had disposed Of them He
The jury, under charge from the Recorder found the
prisoner guilty and the Court sentenced him to be conn.
.another Grand Larceny colored man named james
Whitswns then tried also for grand larceny, stealing
the 80 ss ysss sut
No. 50 John street The prisoner in company with others
went into the store while lad was in attendance pre-
tence of making purchase and after they left the goods
length andmengst other remarks deprecated the prac
lads at earyhou in the morning he also spoke
the existing practice Of Dealers in various articles in
being strong temptation to theft and consequently
increase of crime.
1 Inc jury found the prisoner guilty, and ne was sen.
fenced to the state prison for years and months.
The Court then adjourned to Wednesday next at eleven
o'clock, A. M.
THE RECENT DECISION OF THE SUPREME CoURT
ON THE SUBJECT OF THE NATURALIZATION OF ALL
ENs-We have already stated the effect of this de-
cision. But the question is of SO much interest
| and Importance, that we are induced to copy at
length from the Rochester Democrat, the inteh
l giant nnininn pronounced by Chief Iusfce Nelson :
/ SUPREME CoURT.-October Term.
Present-Chief Justice Nelson and Justice Beardsey
TUESDAY,, Oct 29-Joseph Britton and others The
Mayor, Aldermen and Commonaty OF the City of New
York-Mr Prescott concluded for plaintiff; s. A. Foot
was heard for plaintiff; F Butler in reply
/ NArURALrzATIoN.-The Supreme Court, by Justice
Nelson delivered the following opinion in reference
l application for naturalization:
In the matter Of Alexander Paul, alen This az
pcaton Tor naturaization The applicant emigrated 10
this country and arrived in 1885, has resided here
%
been TAKEN unless the fact Of having been without the
territory Of the United States within the FIVE years. OPP
1t appears that the alien in September le4S started
from the city of Rochester to 60, in steamboat the
the ports of Gene to Ogdensbugh the boat stopped
at Kingst,n, U c. for passengers and while there, h.
ON shore remained short time and returned to he
!. insisted tina. this act Of voluntary departure from
| in the act Of Congress, 3lst March, 1918.
The act OF Congress passed April H. 1902, provided
that the Court admitting the alien should be satisfied he
had resided within the United States FIVE years. at least
and within the Sta Territory where the Court il held
one year, at least.
This provision from the broad language used is ope
doubt (ths by intend to admit that such
would be its true interpretation whether interrupted pc
RODS of residence within the United States making
the aggregate, five years prior to the admission might
not be compliance with the requirement He would
cordng to the words Of the section have resided in
United States Eve years. least though continuous
But however this may be- it is quite clear that tenn.
porary absence out of territory of the United States
business or pleasure without any intent to change his
domic, would not bresk in upon residence within tina
AhaonN rtOtH a tarrstr un1Ar krsrD,s
stances, would not be inconsistent with continued resi-
dence This is familiar doctrine
An alien therefore, who had taken his domcil hers
would be left to pursue the ordinary business Of lfe like
any cz n whether it led him out Of the United States
not, during the five years
Then the act Of March 3, 1918, upon which the
question arises.
The 18th section provides that no person who shall or
rive the United States after the act takes effect shs
be admitted ITO become citizen, who shall not, for the
continued Of five years next preceding his admission
have resided within the United states without being
sny time out Of the territory Of the United States
This section varies from the act Of 1902 partcu
lars.
lst requires continued residence of Ave years i'm
medately preceding the admission to citizenship thus
excluding in express terms any implication that the full
extent might be made up by interrupted periods Of resi-
dence in the aggregate amountingte Ave ysarsA
I'd hiorbids absence out Of the territory Of the United
pleasure, which was clearly allowed under the act Of
iso2
change the existing law, in the two particulars mention
| ed.
| Congress meant, undoubtedly, to put an end to al
questions the admission Of the aen to whether his
absence from the country during the FIVE was for
temporary purpose and therefore not incompatible with
residence, with intent to change his domic and to
bring the down to simple question OF remaining
within the territorial limits Of the United States for the
full five years, and that without any interruption de
parture therefom during the requisite period Of time
We Of opinion that the alien not entitled TO ad
mission
CHATHAM THEATRE.-Mr. Lennox, the acknow-
lodged and worthy delineator Of Scottish charac-
ter, takes benefit at the Chatham Theatre, or
Thursday, the 7h inst. His talent is known and
appreciated among his countrymen, and has always
been acceptable to the American community, 1--WE
appeal in the full assurance Of an acquesance) ia
his countrymen, and others, for their support His