The New York herald., 1845-07-10

COnrt Intelligence.

alleged defamaory publication in the Ersninx
Pos, in this city in relation to the celebrated Roor
forgery Plaintiff Is editor and proprietor Of the .ai6a
ny E,snins Jou,nal Defendants in their plea, setuP
case, because the article which was published, not
intended to apply to plaintiff personally but was intend
known the editor Of that paper also that thero
was such book {" Roorbacks Travelsn ever pub
good Wsss
not liable. Plaintiff demurred to all these points. and
ayers that their plea does not answer their defamation
That the publication copied by the plaintiff being un.
true does not justify the SANDER and moreover that the
defence of good motives and usti6abe ends does not
the defendants to amend and payment of within
ten days notice of this rule -,
William Hinsdafe u.s. Nathaniel Sands Jr-Appeal
dismissed with costs.
Charles Rida5oek and Alexander H. RidaJock Fre-
derrick He~en-New trial ordered. costs to abide the
.Witiinm Pan Wart rs. Hoshmam. Keyland and Darid
NJ Demeraa-Judgment affirmed
John d. Ryer ads Garret S. Moft-Report of referees
set aside and rule Of reference discharged. Costs to
abide the event.
John s. Harris ads. Robert d. Wykcf-Motion for new
trial denied
Farmers Loan & Trust Co. n, Thomas r. Mintur-.
New trial granted; costs to abide the event
The jury were discharged for the term The Court took
up the argument calendar.
CouRr OF oYER AND TrRMIsEa, July 9--Before Judge
Edmonds and Aldermen Charlick and Rich.
Murder Case--The trial of Hodgkns and Livingston,
for the murder of Jesse Lee Burs which set down
for this day has been postponed Monday next in
sequence OF the absence OF material witness for the
secution.
CrRcurr CouRr, July 9-Before Judge Edmonds.--
already referred to, resumed 1t action
to recover the amount Of policy OF on the ship
and Which vessel SS cot damaged at sea The amount
claimed is $4,000. Verdict this forenoon.
U.S. MAnsHAL's OFFICE, July 9.-James Allen, sea.
man board the packet ship Ashburton, has been
rested and stands committed charge ha
wing created riot board during her last voyage from
Liverpool
Smith rs ErieksonThis tedious case after postpone
men Of three weeks in consequence Of the illness of
Juror was resumed Is an action to recover damages
for infringement Of patent right in relation to the cele
braed propeller used in the propellng Of steam
vessels. The case stands adjourned over
COMMON Pleas July 9-Before Judge Daly.-Neison
Robinson vs. ". Pulrsr.-Ths action to
the amount of losses sustained in consequence of
breach of warranty in the sale Of horse The defence
up that the sale made without the warranty
and that the defendant received the horse subject to all
the consequences Of loose bargain.
Wanmaker Public administrator, vs. ONeiL-The
jury in this case already noticed rendered sealed YER
dict for plaintiff Sl75.
rance Company case already noticed, stands ad
ourned over.
GENERAL SESSIONS, july 9-Before the Recorder, and
Aldermen Conner and Jackson-M c. Patterson, Dis
trict Attorney Grand J,ry.-The Grand Jury were
this morning, and received the charge of the Re-
corder
JAMES NJ SMITH, Esq, moved that Carman Nichols,
now in prison. charge of beating servant girl who
is not expected to live be admitted to bail The Recos
der consented to fix the bail at $4,000.
Trial Of John r Kelly for Li6eL-Ths Indictment
founded article which appeared paper called the
Court Journal or Life in New York" the 10th day
of March, lsl6, headed "A Man Of Feeling in which
"a certain quack doctor" charged with having pro-
cured the body of his from the State Prison atsing
Sing where he had died. and hanging the skeleton in
his office after dissectng him.
WIN. ArrLre.rr, sworn-Knows John F, Kelley; he
the proprietor oftheCou Journal in S46; printed
the first numbers OF the paper for him.
Crosser0mined-some weeks previous to the pnblica-
ton OF the article referred to- discovered Objectionable
tcl les in he CATH
for him
SOLOMON HKrsr, sworn-Is ply scian, once 81 Rsade
street; purchased copy of the Court Journal oaMr.
Kelly dated 18th March, he told me he was the proPrie
tor
had read the article and were satisfied that referred to
Dr. Heinc
the article referred to- might be libel somebody,
would not be libel on Dr.. Heine. his not
on that Dr. Hene had son the State
therefore the article was not matter for an indictment
The jury returned verdict Of guilty.
The Court now adjourned.
CoURr cALENDAR-Tnrs DAr-Common Peas-lst
Part-Nos. 7s, So g. 81, So end Part.-No co. q, CO.
49,, 100, a6 40, 40 50, to. 70. 40, 40.
Circuit Courf-Nos. T. A. g. l6 ls 90 10 90 to 81 272
81 to 80.
DARING ATTEMPT AT RoBBERY-The inmates Of
Coleman's fine Hotel were disturbed last night about
o'clock, b, alarm Of robbers being concealed inhe
house II peared that Mr.. Masterson OF Tennessee
who has arrived in these parts with large Of money
to purchase slaves was about TO get into bed when
| a
covered a man concealed beneath it. He Immediately
the ALARM but the rascal made his exit from the
window three and half stories from the ground but
there shed which took away and half stories
The watch called and search made, and the would
be robber was discovered in the watercoset in private
yard on which the window opened, and the doors OF
which had to be forced open to secure him. 1t turned
QUITO be aperson named James Baker who had heen in
troduced to Mr.. Masterson at Richmond whence they
had travelled company and both had put up at Cole
mans, where they We're lodged in separate adjoining
lead about the sizeioa hens egg tied up silk hand
kerchef and with hich he doubtless intended TO silence
Mr. Masterson if he had been discovered in the of
circumstances and Mr.. Baker locked up to await
the consequences.-Was Constitution, July z.
EXCITEMENT AND SPORT AT NEwroRT.-No event
since the visit of L'Hercule, has produced so
much excitement as has existed here this morning
fish in the ofing nder rapid way for the harbor,
and in less than an ho they made their appearance in
side Of Fort Wocott They received their first welcome
from the boats of bound whaler which
joined by fleet Of boats from the wharves. The
animated in the extreme Before il O'Clock ss sh were
dead and landed They measured from 9 to % feet in
Husdreds Of spectators enjoyed the sport while standing
on the wharves, and viewed the whaling corps engaged
in this mimic chase Of the monster of the deep hun
and skill than displayed by the ''old salts" in the
whaeboats Two of the first taken by small boat
not ~ feet long and the way in which she walked the
waer n caution to country boys. Gravelly Point
showed many at low tide as hanged there by
the neck, Wnen 20 pirates maze t0ut Ine unuer the
gallows in the reign of Qneen Anne.-Newport Letter,
July 7.
MuRpER.-The body Of a man by the name Of
Moses Whitney, of Cabotville, was taken from the
river, at Hartford, Ct Sunday morning, supposed
have been murdered George Heath late Of Springfield
and Aaron White, supposed to have been his
dercrs. The litter has been arrested.
FLORIDA, THE NEW STATE OF THE SouTH.-On
Monday, the 2d of June, the first Legislature of the
State assembled at james A. Berthelot,
ofLeon county, was unanimously elected president OF
the Senate and Thomas King clerk and Hugh Archer,
Of Leon unanimously elected speaker of the House.
and NJ. d. Papy chief clerk Both houses have passed
resolutions in honor of General Jackson. Tho House
had fixed the lst July the day for electing two
senators of the United STATES The Senate had not acted
unon thcir resolution Last Wednesday week, the