The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-11
Court Intelligence.

Court intelligence
GENERAL SESSIONS Sept. 49, Before the Recorder and
Aldermen Rich and seaman.-M. c. Paterson, Esq Dis
Case If Joseph Emec indicted for an assault and BET
terry NTH intent kill Eugrne Grcus,et CONCLUDED.
JoHs MARRIOTT called by the prosecution and
in the vicinity Of Wall street and Broadway. / know
Mr. Grousset and Mr. Emerc BY sight, occasion Of
saw MIR 6rousset lying his face the street near
Trinity church Mr. EmeIc was on the opposite side Of
the street. This is all saw Of the affair.
WILLIAM MAXWELL, sworn ] was in the vicinity Of
Wall street nd Broadway the oath Of December LAST
heard pistol are then locked over to the opgosits
way and went to them; before got half way over tho
s M
hold of Mr. Emeric at the time but he was trying to
get hold Of him; Mr.. Grousse fell down on one Of his
knees; this after the third fire. second discharge
of the pistol took hold Of Mr. Emeric to prevent him
from firing again; do know that he intended to fire
again. but took hold of both his that he could
do person then put his arms round me and spoke
to me in French but could not understand him; Emeric
said that Grousset had spit in his face and he wanted to
kill him.
Crosse1amin.d by Mr. CUTTING What took place be-
fore arrived the sidewalk, / know nothing about
Mr. Grousset had both his stretched out; Mr. Ems
had hs pistol held his hand aud whole body shook
the times appeared excited and sweaed pretty hard
somebody said that it shame TO man murder
ed ropemaker, reside at No "a Llspenard street;
am the husband of Madam Costello. alias Maxwell;
am indicted with her for alleged offence; have
sworn that man came up to me and desired me to let
Emeric co. when first saw Emeric he was walking
backwards few steps; should think if Emerlc wanted
to get away he could have done charged Emeric
with having fred three times; he said he had only fred
twice; Grousset about hour ago, he called me
into court just now, and said that my name had been
called as witness.
JAMES O'NEIL. sworn.-I a coach.driver on the
Trinity Church stand; was in the vicinity on the Oath
of December last heard the report Of pistol and i'm
@ saw that saw Enss
Cross-erdmined by Mr.. CurrNe.-From the sound of
east Se Of Broadway and the other the mid
die of the street; Mr. Grousset fell the edge of the
curbstone opposite Trinity Church
rho mi in her M CUrTIyC eD9ned
the for the defence in able and eloquent speech
which he contended that his client had with view of
self protection found necessary to arm himself in the
manner described in the testimony adduced Mr.. Cut
ting then cited various authorities to show that the Of
fence consisted in the intent to kill and not merely in
was done in selfdeence.
in Broadway at the time of the rencontre betwxt
Mr.. Emeric and Mr. Grousset; saw Mr.. Grousset ap
proach MIR Emerc and became alarmed having been In
formed by Mr. Emeric, that MIR Grousset intended to
insult him, and that he should go armed but that he
should endeavor to avoid Mr.. Grousset- was walking
with Mr.. Emeric at the time the ARRAY commenced.
HyPoLrE CHREvIoLEr sworn.-I have heard Mr..
looking for Mr. Emeric.
WILLIAM A. KErrLLAs sworn.-I was clerk in the
house of Rennard & Co. at the time Of the difficulties
between Mr. Grousset and Mr., Emeric Mr.. Emeric
the store than usual at that time in order
to avoid meeting with Mr. Grousset Mr.. Grousset
knew that Mr.. Emeric was in the habit of carrying
loaded pistol. was present when he bought it; he APP
peared at the tme under the conviction that there were
several persons who intended to attack him. He ap.
peared to be aborng under monomania upon this sub
| ject Mr.. Emeric stated to me that he would his
pistol, in Mr.. Grousset should attack hin. Mr.
Emerc appeared entertain fears of dangers from Mr.
g. The pistol was purchased in May, previous to the
departure of Mr.. Emeric for Europe
The testimony for the defence was here closed, Mr.
Cutting stating that he had other witnesses in stten-
dance but he deemed it unneces to call them as
their evidence would be much of the same character
The case was then summed up by Ogden Hoffman, Esq
in behalf Of the defendant and by NJ c. Paterson, Esq
The Recorder then delivered brief and impartial
charge in which he reviewed the testimony. and e1
1 IL. .oAx k.la hIct ctk ~
The jury then retired and after absence of about
hour and half rendered their verdict Of guilty
Emeric manifested their feelings in this matter by
round of applause for which conduct the Court repri
4dmitte ed to Baii-chares Mason Of Columbia street,
who was recently indicted by the Grand Jury for en-.
the person of young female whom he had seduced,
this forenoon admitted to bail by the Recorder In the
Madame Costello In the case of this woman the Re.
corder has for the present refused to admit her bail
SEPTEMBER Io-Before Vice Chancellor McCoun.
Joseph T. Lesrts IS John neutrality-suspicious.
has been long and favorably known in his capacity
of engraver, at No Wall Defendant is an emil
nen practitioner at the bar appeared that in the
1881, Mr. Lewis having large sum Of money laid up,
and DESTROYS OF investing the derive there
from an annuity on mortgaged property applied to the
defendant professionally to ad him in the negotiation
effect the same. Defendant, however, alleged, not
having effected such negotiation, proposals. as the
planants bill so FORTH 10 letter dated Nov a. 1885, to
assign to complainant for the money which he
ployed to invest certain bonds and mortgages which he
represented to be very excellent mortgages of his pr
vae funds at per cent and that complainant having
great regard and placing implicit confidence in him.
coded the proposal and received assignments four
of said bonds and mortgages, among which that of
Jno Mcvickars for sos IA, for all of which he ad-
vanced as was alleged, his money to defendant in en-
tire reliance on his integrity and judgment and his
presentations as to the excellence Of the securities
such representation complainant believed that each of
the mortgage was first lien productive real proper
ty in this city and entirely unincumbered worth double
the amount loaned thereon each accompanied by the
usual practice of capitalists at the time of the transac
ton Influenced by such belief and confidence, COM
and advanced his money therefor without making any
examination or inquiry as to the obgors or the proper
either, except such given him by defendants let
ter and by the endorsements Of interest the bonds
agent to deliver the bonds and mortgages complain
ant and to receive the money therefor, made various
statements and declarations to complainant while in the
discharge OF his agency tending to strengthen the COM
rifles and the punctualty with which the interest had
bond of Mcvckar-the interest which he stated was
paid by one Seaman-and which bond there was en-.
dorsed statement in the handwriting of defendant that
the interest had been paid to the soth Of June 1885
that the party whose bond naa Dssn
the alternative Of filing bill in chancery to hoa the de
PENDANT personally responsible His honor oenvereo
dla,e on the relationship between solicitor and client
bearing upon the merits of the In the course Of his
inc nlsced unlimited confidence In defendant and applied
TO him professionally he considered the defendant bound
10 secure the complainant in his money which he adj
yanced to him. and that Notwithstanding the insolvency
of the parties whose bond and mortgage had been assign
ed complainant by defendant he defendant could not
throw of the responsibility That the defendant restore
the mplainan the $4,000 paid under the assignment
of the McVicker bond and mortgage together with inte
that from the LIST of April $780, and that de-
PENDANT also pay to the complainant all the sums which
the complainant has paid or advanced in dischar-
ging assessments upon the property and in
terest with costs. The whole to be ascerained by1
master unless the parties shall agree upon the amount
That complainant execute and deliver to the defendant
Of the bond and mortgage be approved
by the Master the Vice Chancellor, and that the oe-
fsndan pay to the complainant his cossthe same 10 %
taxed 4 Hf
u. q. Circuit Court.