The New York herald., 1845-04-10
AlheSania Circuit Court.
Q~foro frd~aa NeIaon and Raftc

AIheg ania Clrcuit Court.
Before Judges Nelson and Belts.
APRIL 9-The Alhegsnia Circuit Court, for the South
bis Ser psSss the
large number of the members Of the Bar were in aten
dance The following members Of the Grand Jury were
Thomas Denny, Foreman; Albert Ayrcs, William v.
Brady Daniel D. Briggs, John Brown George Carroll,
Wliam, Coles, John Corles, Samuel Dick, John Crom-
WELL Arrest Fink, Martin Hoffman, Drake Mills, Charles
Millbank Cornelius Oakley, James Pollock Albert
Zabriskie Robert D. Boyd, Robert H Ludlow, George
JuDoE NELSON hereapsn delivered the following
M Foreman and Gentlemen of the Grand Inquest-I
have before list from the calsndar Of the that
ore brought to the notice Of the court which expec
ted will be laid bsfore in the Of the session.
They are very few ia number and in point of character
amongst the and ordinary offences occurring
IL the community shall infer from this that your
sion III not be OF labor of great duration There
may, however be some other casea which may engage
every citizen in possession Il the knowledge Of any
crime to present the case for the consideration Of the
cuon of the offenders. if found guilty 1t is also the
special duty of any OF the Grand Jury in Of
the knowledge ofsny offences against the laws OF the
United States to lay before his associates all
within bis knowledge that may be offensive to the public
pesceto public morals The organization of your bsdy
gives jurisdiction all offences occurring In your
district against the laws of the United Statesyou can
institute inquiry into any that may exist within the
limits that all these cases can be brought
before you in the usual way Three Of the the
calendar involve the charge OF assault with dangerous
board an American vessel This is made ! felony BY
ac OF and punishable by fine and imprisonment
Of the ses bay or on board any vessel Of The United
ates or any citizen thereof with intent to KILL shall
any Wesp.n such person shall be punished
nature Of the offence" The accused these cases
in custody important however guilty, that an in
dicment should be found, view to evade the sta
tu,s Of limitations" which fixes the limit to two years
ster the commission of the offence. Otherwise it would
operate bar to the finding Of the indictment. the
person could be apprehended would be no bar There
ment, by master on the high seas; upon seaman. from
motives OF revenge and hatred The act declares that W
any master on the high seas or any waters shou from
maice hatred, or revenge, or justable cause, be
guilty Of cruel and unnatural punishment towards any
seaman, withhold rem them any suitable food, every
such offender shall be punished by fine, end imprison
ment according to the OF the offence" Thsre
two cases involving charge Of perjury This is also
made felony punishable by fine and imprisonment The
Of Congress expressly declares any person being
witness on oath, which is to be taken, SHALL by taking
OF such an oath KNOWN and wrongfuy swear falsely
such oath he shall be found guilty OF perjury, and find
in sum of $1,000, or imprisonment for term of i've
facts contained in the libel are sworn TO- the person know
ing such to be false either in part entire he shall be
found guilty ct perjury These are all the criminal cases
which are before the Court and all that the Court deem
necessary to give specially in the charge The
requires there should be sixteen members constitute
Organization; and that in finding b twelve should
you require any Instructions advice in the
discharge ofyour duties, you always resort to the
goutomou.
retire.
The Court here proceeded to hear argument cases.
In Chanoery
Before the Vice Chancellor.
DxcpIoNs.-April 0-Henry " Warner ct al Trustees
c Isasc Gibson ai-This suit involves the question
OF title to the lee Of lot of land The object Of the bill
to establish the complanants right in equity trustees
to the soil or fec of the lot and to have the pro-
sced from waste by the acts Of the defendants raising
oveAowing and washing away the soil-at the
the compliments admit the lot question be subject
easement in favor of defendants. Decree dis
missing BILL and the parties respectively to bear their
own costs
Catha'ine Jackson VS.. Henry NJ Jackson.-Decree, d.
Sarah Crawford VS.. WTliom Crs,uford- -Order-That
the exceptions both Sides taken to the report Of the
nj aster, stand allowed.
Ioan Pm l.ammase. &c. vs. augustus Pan .ammass,
&c Motion denied with costs TO be tsxed
William CGnch ct al. su,Uiving assienees Of EHakim
Lockwood John f. Deiapiane srpiping Ercr Of
Ctason, deceased denying the motion, with costs
James A. splet vs.. Philip English Exception to the
masters report allowed with costs to be taxed.
ss %,as MT f. aosn s IL
pay to the complainant 80 much Of the surplus in his
'nds as would place the debt Of the complainant at pro
pay their own COSTS
Superior Court.
Thaddeus Sanford and Samuel F. Wilson, defendants
rorin this cause action was brought in the court be-
lo by Thsddsus Sanford and Samuel +. Wilson against
Jlues Gordon Bennett, the amount of ad
eeed to have been published in the Mobile Register and
Journal in the year l642 The conditions We're, that the
spcuous place and the attention Of capitalists directed to
by notice in the editorial columns On the trial. the
ntIns produced one advertisement cut from their
per and paro testimony that it had been inserted
six times in conspicuous place in their columns They
also produced carol evidence to prove that the attention
capitalists had been directed to the advertisement by
notice In the editorial columns This evidence
ected to- the part Of the defendant being nadms
bic. First because secondary evidence could not be
gwen prove that the Mobile Register aud Journal
tanned an advertisement Tor the sale OF he Nep York He
raid establishment the paper itself being the best
dence Of the fact and was at the time the property
OF the plaintiffs and i'll their possession they ought to
have produced it. Second. because secondary evidence
could not be given TO prove the contents of editorial
article contained in the Mobile Register and Journal the
paper itself being at the time in the possession OF and
duced it to speak itself The objections however
overruled and the decision excepted and the
brought before this Court by writ of certiorar to
caain its opinion the two points which thus
eised in the Cours below We have examined them and
considered them both carefully and deliberately and the
r suit is that have been compelled come the
conclusion that the objections are well taken. We say
this advertisement YET they have failed to prove ts pub
lcston by that evidence which the law requires and
the authorities are 50 strong and 50 concusIvs upon this
We therefore, the judgment Of the Court below
with costs: Benjamin Galbrsth, attorney for plaintiff in
error Nelson Chase, attorney for defendant in
Before Judge Jsnes.
ArRIL eh-Eastmas, Fondoy Co. Us EdUsrd G,y-
fhsIn this case, Arm of the name Of Taylor Thorn
uetcnudnt, Z
HIM certain bills for collection, for the purpose of exn
gushing the debt Defendant applied the proceeds in
sructsd, and for the surplus in either bills money.
Tay ior Thomson gave order to the plaintiffs. who
now hriHg suit 10 Defendant moved for
suit ON the ground the order accepted BY
defendant that parole promse to pay wss void.
and that the action ought to have been brought in the
sme of Taylor and Thomson Motion denied Defence
then set up that while the surplus money his
hands atteched at the instance Of Theodore 10
gers debto rsy lor Thomsons Verdict for pIsn.
tn sla0 subject to the opinion Of the Court with liberty
10 briug bin of exceptions or enter non
Mr.. naebody Tor plantiGaC. Rsvton and james T.
y aiy fer defendent.
Ir SUPREME CoUrr, April White ads. Nns.
Order catered by etipulation-for a struck Jury in
this Rosecraps defendant IN error ads Douglass
plaintiff In Motion qussh writ Of error granted
with costs yesple defendant in sds Vsndsnark