The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-07-23

natl Frederick fassan Boston Hon c. Curtis Hudson
pha w r. Ruther, Richmond J. Moyes, Washing.
ton; Il. T.. simms, Washington J. r. seubner Port au
Prince and 40 others.
Court Intelligence.
u. S. MAasHALs Orricr, July 22.-Andrew Walker,
mate Of the Chrstoval Colon was arrested CHARGED
into this port contrary to the statute. Examined anu
held 10 bail in $3.50
COMMON Pleas July 22.-Before Judge Ulshnier-
Domiuiek Kaaris rs Peter Gilman and WJe.-This vas
action of assault and battery. he parties in
humble circumstances, and the assault originated in
what called scoldng match, passing through the
| al preliminary ordeal, Involving some petty SANDER
Kaals the occasion referred on the goth of March
last went to the house Of defendants it alleged and
kicked up Robbery" calling the defendants all
| OF uncomfortable names Defendant Gilman being a
gels for him, and both Enough old laid Kaarl it
alleged so as to compel him soon to retreat Kaar is
like the poor old lame man Gilman. and his feeble old
wife The defence set up by the old couple was that
kaarl very cody spat in the face of Mrs Gilman on be-
| ing warned to leave the premises she deeming him
nuisance upon which she turned and "boxed his ears"
The testimony caused considerable laughter Verdict
| for defendants
sroNs.-Francis del Hoyo Benjamin Brundred-This
application by the defendant to be discharged
The plaintiff, a merchant in New York in 1872 COM
menced suit against the defendant for libel and upon
affidavit bail ordered by Judge Vanderpoel in the
of $4,000. The capias was returned not found"
and alias issued which was also returned not found
About heen months alter the return, the alias,
Of the Vera Cruz line Of gave the attorney for
the plaintiff notice that the defendant had just arrived
from Mexico and was about to proceed to New Jersey
his clerk to obtain order hold to bail and issue
second capias but if Judge could be found then is
the writ pluries and endorse notice of for
order 70 hold to bail No Judge could notbe found
and the writ issued pures, and the defendant
arrested upon it. he about leave the city for
New Jersey The application to discharge is founded
upon two grounds-he lst that there was in fact no
order to hold to bail and the 3D. that it irregular to
a nIarIv OuuoCt tad
with the original writ from term to term After notice
Of this motion, the plaintiff fled it was alleged, oon-
vance record such usual in order to the
tute of limitations With regard to the first ground for
setting aside the arrest to wit the want of second
der to hold to bail the Court had, doubt that the
der regularly should be renewed upon each writ but
seems to have been the practice to issue successive
also in all others in this State and the Sheriff had
usually arrested upon notice Of the former order
The Court in the present instance held that the orgi.
nal order sufficient. Hereafter however they
should require new order upon each writ and it rested
in the Of the Judge whether or not to require
new affidavit.
Upon the scond ground viz THAT the pluries were not
connected with the original capias the Court considered
that the filing OF the continuance record before the hear
ing of the motion to discharge, obviated the objection
This had been always the practice in order the
| statute Of limitations The record in such was
never filed until after the usually until
motion discharge the aud the Courts have
uniformly refused 10 look behind the record After a
careful review OF all the authorities the Court consider
ed that filing of this record nnc pro iunc was suf
fcen Besides the words in this writ making it pu.
res, might be rejected as surplnsage and il might be
treated original writ and the former order to hold
to bail used, it being still in force Motion denied
with 81 costs of opposing. David Greg for plaintiff
Albert Mathews for defendant.
SUPREME CouRT-UTIcA, July lS.-Present-All
| the Judges. The Examiners of Counsel, (Messrs.
| dates
The Examiners of Attorneys (,Iessrs. Peckham, De
Witt and Charles TracyD reported in favor of part
the class candidates. and reported the reie cton Of
another part ard as to the remainder that they were to
| be further examined
The Court were occupied from 10 to O'Clock, nnon
enumerated business and in receiving required by
| the rules to be submitted.
No 81. Argument continued by Mr. Wendell for plain.
tiff Mr. Peckham was heard behalf of the defendant.
| Adjourned.
The following is list of the Councillors admitted at
the present term of the Supreme Court at Utica, viz
Hiram Bennett James H. Collier, Jason g. Coye, John
r. Dickinson, GeorgeF. Fowler, Samuel Garrison, Ben.
jamin Gabraith Lawrence j. Goodale Isaac A. Gates,
VIM. B. Halves, Sidney T. Holmes, Owen X Judd, Delos
Lake, Cephas X Leland, Ansel J. Mccall Justus smith
Masters Sherwood s. Merritt, John Milton Muscott John
G. Newkirk. en- Rhodes Henry Rogers Isaac sisson,
/ &. Whiting-26.-U Utica Gazette
ANTr-RENT MArrERs-Sherltf Sedgwick, accom-
| panied by mall posse, went into the town OF Au-
cram Monday of last week, and elected two persons,
and tore down their houses. They met with resis.
lance We understand that the Sheriff made application
on the expedition for authority to organize armed
posse OF enlisted under the late act OF the Legsa
ure to enforce the law and preserve ordern but that
such authority granted, the ground that it
would add very considerable amount to our count,
expenses which IN consequence Of the antrcn disturb
| ances, are already pretty largo. .r-,s--
The decision causes some little dissatisfaction parti
| cuarly among those summoned the sherfs posse
| who complain that they compelled to leave their
business and accompany the authorities into the back
parts Of the county without any remune ration when
the Legislature has authorized the organization OF
posse to be paid by the county, providing two Of the
Judges deem expedient They contend that the county
better able to bear the of such posse
individual citizens to lose their time without
ing any thing for 1t in return.
On Saturday the 18th inst. Supreme Court Commits
sioner Baker of Hisdale sitting in the Court House in
this city, admitted Walter Hutchns Of the antLren
prisoners to bail in tho amount OF 90o0 and,
day last Boughton and Belden (Big and Little Thunder
amount OF Boughtons bail fixed at SlOO OO Beldngs
at $4,000 The persons by whom they baiied were
chiefly from Rensselaer, county. Chcy returned home
| on Friday, taking the two Thundcrsn with them
Hudson Reporter, Jly2l.