The New York herald., 1845-11-06
Circuit Court.


MErIcAH EaATH is requested to call at the once OF
the District Attorney
Circuit Court.
Before Judge Edmonds.
Nov s. -Poly Bodins.-This case again postponed
until this rhursday) forenoon, whan the trial will COM
provided the Court and jury in the county
The public interest created at the last trial would seem
have entirely subsded scarcely twenty persons
Court to-day when the prisoner and her mother
The prisoner appears have suffered severely she
looks extremely worn after her long confinement and
Burke rs, Eekhart-This case. already noticed wa:
resumed action Of assumpsit which was tried
sds and sent down % for trial The psns
breach of contract entered into between himself and
ss sS aa 10
onehird Of the net profits Under the contract consl
arssr Ths
this city, il the only served with legal process.
but the plaintiff expects by allowing Judgment against
him, hereafter against the other members Of
the firm Of GIBBS Co., with whom il s alleged the ds
fendant, Eckhart was jointly interested For proof Q.
this fact the contract relied upon and also mass
ofcorrespondence and other papers, forming part OF
chancery between the parties in which the OF
tract At the former trial. before Kent, c. j. this was
held sufficient but the Supreme Court reversed that De.
cison tribunal holding the proof Of Eckharts
interest in the contract as co partner had been made
before the contract read to the Jury he not hev
ing signed the contract and his interest appearing to be
more than that of an agent or employee in the
cern, although his compensation did In some way os
pend on the profits. Verdict TO- morrow.
Superior Court
Before Judge Vanderpoel.
Nov b-.aF Harrisonvs. Corin E. Hull, Li5el.-This
was an action damages for libel The plaintiff
was partner of the celebrated DR.. Peters, the inventor
and manufacturer of what called Peters Pills"
which have created such stir in the south ana
West and also of what is called Peters Lozenger."
Peters the inventor. was the celebrated Dr. Peters
who hung himself In the year lS42, ana piainun
purchased the interest in bis pill concern IRON D s,sn ws
cer in 1885, lived at Connecticut, and defendant naa
connexon with the plaintiff as agent Tor the vsnc,
~ mills tnok in
ner; and subsequently having found out 1t was alleged
that the pills we're profitable sort Of speculation set
up his "own hook" and proceeded to make Peters
Pills, for themselves and to down the articles made
by real "simon Pure" On doing 80, defendant ad.
nnsteTed palatable dose in the shape OF letter
addressed nephew of Spencers named Hull. reflect
ing plaintiffs character and depccia'ing his Peterr
attack brings suit recover damages The iibsil0us
words in the letter were as folows; II VIII only say
lew words and these are to caution you how you DO
business with gress myopinion The face Of
he uhse earth; yts and TOO as totally rsgardsss
be secedo In continuation, tins writer enoins secre
sy and inrthGr addsthat Peters and Harrison are un
be- mo- o o or on
any contracts which theywoud make" And further that
they have proved themselves damned rascal and liars
The letter further charges Plaintiff and Peters with be-
ing villains and the writer admonishes not to have any
dealings with them, AZ in such an event they would
surely be swindied and robbed. The defence pleads
the general issue, and put in notice Of special facts in
Justification nonsut was moved for on the grcrhna h
motion il still pending. Adjourned to this forenoon
Before Judge Oakley.
.7chiile r. Moret vs.. Charles Wood-Action for mali
cous prosecut0n-n causing Plaintiffs arrest under
stiliwell warrant Adjourned over to this forenoon
U. 8. District Court.
Before Judge Belts.
Nov. 6-The November term OF this Court was com.
menced this day, when the following Grand jury were
nett James E. Belts, John Dunham, Joel Kelly, Joseph
Keeler, John Mckay John r. Roome, Randall smith,
cob Brush, Robert Brown James A. Coffin Darius Dar-
ling, Thomas McElrath Levi d. slamm, Jeremiah
His hosoR hereupon addressed the Grand Jury, first
directing their attention to the ntnoss Of the calendar,
perjury disposing OF which required testimony not
such would directly conflict Of such characters
may also derived documents, and circumstances
also apply in the absence Of direct or positive es
n" s aad
on Long Island You are aware, gentlemen,
Sn that Of Se tn. OF SsT sasd
by Act Of the Legislature the United States held uis
sctiOn over this this part tSat was Brooklyn
else alone civil but criminal jurisdiction this
portion These remarks also apply to Wes! Point over
chsrpe of larceny which 10 be tried would be gov
ened b. the laws of the State OF New forkhis should
the offence had been committed Another was one
officer OF of merchant vessels Tor cruel
punishment is also made a criminal offence but de-
Gliding upon the jury were bound to exercise sound
ment been inflicted maliciously. There 10 another
case of perjury also which the District Attorney will
lay before in relation false entry oil goods at the
Custom House-and you will bear in mind, gentlsmen
that your jurisdiction extends all which may
occur within your district
His Honor hereupon proceeded to hear motions
Marine Court.
Before Judge Smith.
Samuel IT. Belts vs.. Charles Whitssn and B. Levens.
Action damages for running into Plaintiffs ba
rouche in 3rd avenue September last and breaking
the same; also for injury sustained by Plaintiffs wife
thereby. Defence sets up accident. Verdict for Plain
TIFF S25 damages and costs.
Court Calendar.
CIRCUIT CouRr postponed until Monday = - -
COMMON PLEAs.Nos. 50, o. los, lI9 I2l o. w, ~,
II, Ill., 6 l07 49, IS, SO, a. a. 49, 49, ioo III To-
81, 10, &c.
SUPERIOR CouRr No day calendar
SUPREME Cousr-Rochester, November 9, lsab
Present. Chef Justice Bronson, Justices Boards
No 1872 Harger and Harger vs.. Mccullough. Mr..
James conciuded for plaintif Mr 4. D. Smith was
No iIs moonin VI. Maxuxin Mr.. Kirkland was heard
for the plaintiff Mr. Hill Tor the defendant. Proceed
iugs quashed with costs.
no lao. LafaIge vs. Harter and Dellenback. Mr.. J.
A. spencer heard for the plaintiff Mr. Kirkland for
the defendants. Mr. Spencer In reply.
No l6i. Oliver Belsey ct al. ads. William ColvilIs
jr. Mr. White heard for the defendant.
Pindarlc-NO. L.