The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-19
Price Two Cents.
Superior Court.


ed verdict this morning. OF 81 damages against all
the defendants, excepting John Fox.
John L. Gdrdrer CroweH 4 Smith-Ths is an &C
ton Of replevin The plaintiff is a commission mer-
chant in the city of Boston. On the 22d March, 1874
city made purchase Of 200 bags of coffee value
OF about 81 300, of the plaintiffs clerk conditioning
approved note at months or per cent on for cash.
An order accordingly given, and the coffee de-
livered on board OF schooner Oliver" consigned to
jeremiah Smith, Of this city. drat Of SI,a5o was
made upon Mr. Smith, accompanied by bill of ladng
for this same lot Of coffee which accepted and paid
A demand was made upon Eastman, Fonday & CO.. for
the payment OF this bill Of purchase rendered
their note, which the plaintiff considered unsatisfactory,
and insisted upon either endorsed note the money,
stipulated-Leither of which was obtained The
plaintiff therefore brings this suit 10 recover OF Jeremi-
ah Smith, the principal defendant in this case, who re-
ceived the coffee upon the ground of its being prede-
termined and papaole fraud perpetrated by Eastman,
tonday Co., in connection with other similar transac
ons, at about the same time, upon other commercial
houses IN said city and for which they proceeded
against-a bill OF Indictment iound-and verdict of
guilty rendered in fltytwo out of fifty five counts, in
Upon the other hand it is commended that it was fair,
ordinary business transaction such the real parties
the defendant Smith the innocent consgnee and
should be protected as such.
engage the attention Of the Court throughout the week
Mesrrs Emerson, Pritchard and Anthem for pltf.; j.
Miller and n B. Blunt, for defts
Before Judge Oakley.
Harrison spencer.-This suit, for libel still
pies the attention of the Court and will hardly be
brought to issue this week 7 of those in
tested by the slight number attending the progress of
trial.
TRIAL OF DIR. PETERS, IN BosroN, FOR MUIR
DER, BY PROCURING AN ABoRTIoN.--The trial
OF Dr. Peters for the murder of Miss Rutherford by
procuring an abortion, was commenced in Bos-
ton on tuesday morning. Hon. Rufus Choate (who had
been assigned by the court as counsel for defence, in
connection with j. c. Park ESQ., stated that he should
be compelled to withdraw from the case account OF
ndisposton J. P Putnam, Esq, was accordingly sub
stituted.
The indictment contains two counts-the first charg-
ing that the said Peters, with malice o'ethought and
with intent to cause AMI abortion upon Ca
tharine Rutherford sPinster did administer to her GER
tain dangerous pills drugs, and mixtures, by means Of
died the 18th OF August folowing-thc second count
without he specification Of malice charging that he
made and administered 90 noxous pills to Catharne Rn-
therford, which caused her death.
Tie District Attorney stated that the indictment as
drafted that it competent for the jury to return
verdict under it of either murder mansaugnter
ding to the evidence The dying declaration OF the
death upon the prisoner and he should introduce such
other corroboratory evidence as was within his know
| ledge.
Several witnesses sworn. who testified that the
girl was taken TO the House OF Industry South Boston,
tered to her, and she deposed that she as in family
way, and pregnant with living child, about months
old; that ABOUT three weeks previous to date, sun
day, she went to the office Of Dr. Peters Qeadng child
by the hand, who in her company and asked for
medicine to produce abortion He gave box of pills
for which she paid 49, and asked to take bottle Of
medicine at the price, but refused The medicine
produced an abortion she said she should know Dr. Pc
she should also know DR. Peters-that he was in the
room, and thereupon identified and pointed him The
woman died before all the Inquiries made which
ha been intended
A post mortem examination of the body was made, and
il was the opinion of the that she to her
death by Inflammation after abortIon-o which, they
made a written certificate at the time.
Dr. srEnM.s, the principal physician. so examined
the box Of pills found in her possessonudged soes
be the principal ingredient which were of an inaamma
Mrs SHrr testified that she saw about month before
Catherine Rutherford &
written DIR Peters, 10 Endcott street, Catherine
left the house and returned in a few hours with box
of pills. This statement coIroboratei the made by
deceased AT this stage OF the proceedings the Court adj
| journed.
honorably acquitted by the jury on Wednesday who
turned verdict OF not guilty, without leaving their
ken medicine furnished her by Mrs. Scott whom she
| nerself accused as the cause of her death.
GREAT SUIT.-The batture in front of the Second
Municipality, after having absorbed the attention OF
the pubic and the Courts some few years ago. again
about 10 become the subject Of legal ON
gigantic scale. The heirs OF Potter Delabigare have
lately sued the Second Municipality before the first Ju
dcia District Court of this city for the undivided
fourth part the batture extending Deord to Canal
street and from New Levee street the aterss edge
The plaintiffs reside in New York and have employed
Messrs IN. and A. N. Ogden prosecute their claim
They alege in their petition that the heirs of Edward
the remaining three fourths of the land in question
Rande Hunt Esq, has been appointed their ad
hoe The batture is worth between five and six millions
OF dollars and has naturally aroused several par
ties to forward and in suit as own
part OF this valuable domain The parties
begin thckep, and the magnitude and number of
the legal questions involved will doubt elicit the
ablest efforts of the New Orleans bar We shall keep
readers advised OF the progress Of the suit The
State of Louisiana, by her Attorney General has filed
her petition Of intervention denying that the heirs of
Delabigarrc and Livingston have any title claim to
the property and asserting ownership be in the state
the patture having been formed by mpercepble
since the admission of Louisiana into the Union
II is expected that the United States by the District At
torney will also become party to this important suit
likewise the First and Third Municipalities who
claim that the proceeds of the batture should be equally
divided among the three corporations Of the city We
also that the Commissioners Of the General Sink
ing Fund, who represent the old City Corporation,
intend putting their claim also thus all the parties
Interested will be litigants in the suit and there is
prospect of the matter being finally put to Should
be decided that the property belongs to the city OF
three municipalities. it will enable them to pay Of all
their liabilities the last arthing reduce their taxes
zero, and to undertake and execute municipal i'm
provements scale unequalled by any corporation
in the Unon.--New Orleans Delta Dec. 0.
Sporting Intelligence.
The annual December meeting of the Montgomery
(Ala) Jockey Club, commenced on Monday, the 9TH
inst over the Bertrand Sc, and will continue through
the week The attendance at the thin owing
to uravorabe weather and the time from the heavy
state of the track which etlock deep. not to be
boosted Of There several stables of high reputation
in attendance and animated contest for the purses
anticipated during the week.
There will be six entries for the three mile day. (Fri-
day.
First day. sweepstake for three year olds. 500
trance, $50 forfeit
Raglana and Daviss b. f. by Othello, dam Polly Bel.
lew, by Timoleon,. ..s..,......
Col. John Crowels ch by Jonn Bascombe, dam