The New York herald., 1845-09-02

the crowds oflawyers, who were in attendance with
prospect Of smart run of business during tho
The civil calendar is unusually heavy. A few nqussts
We're disposed OF, when the court adjourned.
OYER TERMuSER, September l-Before Judge
Parker and Aldermen Messerole and Compton.-A spc-
cial term OF this court set down this day. when
IN the absence ofJudge Edmonas Judge Parker of the
third district opened the court
J,~ors-Considerable delay occasioned in pro-
curing jury, several who were summoned being ex-
cused from serving various grounds by which they
stood exempt under the statute No Grand Jury were
sworn ths term being special one held to dispose Of
adjourned cases.
were summoned preferring TO pay fines rather than at
tend shows the reluctance with which of business
Tor these services The entire jury system in this city,
IS radical defect in the law of the constitu-
non ;. Jurors. in almost every other State than New
iork, receive compensation for their time and services,
and the refusal to pay jurors who and kept
IRON their families and business during entire term
sa perfect anomaly in our history. Several cartmen,
who have to depend upon their daily labor for their ord
nary support and to whom their families have to look up
10 for subsistence, brought before the Court and
some only were excused from serving The frequent
complaints that have been made this subject have
passed away like the idle wind" and all the clamor
that may be raised against the abuses in the jury system
will pass for naugh unless the parties who interest
ed and are most aggrieved, adopt such will
bring the matter under the consideration of the Legsla
ture at its next session
Case Of .arson.The trial OF James Howard, indicted
Tor arson was postponed, on motion Of his counsel Da
Murder Case.-The trial of young Hodgkins and Ii.
vngston charged with the murder Of Jesse Lee Burtiss
is set down for this CTuesday) morning.
COMMON PLEAs.-Before Judge MISUNDERSTANDING
1.-The term OF this court also commenced when, after
considerable delay in swearing in ajury few nquests
were taken, and the Court adjourned over.
Stephen W. Dnsenberry has been appointed crier Of
the Court, vice Mr.. R0ome resigned.
surERioR CouRr. This Court also opened its Scptem-
tember term, when, after the jury sworn the Court
adjourned over to Monday next.
UNITED STATES DIsrnicr CouRr.The special term Of
the u. s. District Court commenced yesterday by
a N m N
in the Of Charles c. Keyse, appellant, The brig
Brdston and appeiees Burr Benedict for appellants
COMMON Pleas CALENDAR, Tuesday, September a.
"a, %.
GENERAL SEssIoNs-Sept before the Recorder and
Aldermen Seaman and Rich.-Jonas B. Phillips, Esq,
Acting District Attorney.The September term Of this
Court commenced this morning The following cases
berry D forgery burglary perjury ;bgamy grand
larceny IS; felony 81 fraud ]; receiving stolen goods
dicted l0 witnesses p Of bastardy abandonment
Of families 81 dsorderly conduct lis Total old and
The following gentlemen sworn as Grand Jurors,
viz: Peter Neefus, foreman Abraham Burkhalter Thos
Cummings Samuel Dick, Abner Ely. Francis Lyon, Ty
Ter w. Lafetra James McCullogh, Thomas Barker Sid
ney Mason James Nash, Medad Patt, Henry c. Stacey,
Albert W. smith, George A. Wasson and Thomas Kelly.
After the usual charge from the Court they retired to
their duties. The Petit Jurors were called
but only "a answered to their names
Fines.-A number of Grand and Petit Jurors were fined
for non-attcndance.
Forfeiture Of Baii-In the of John Williams, in
dicted for burglary in the first degree the recogn
declared forfeited the accused having failed
to answer when called upon for trial
nconsequence of witnesses having failed to attend,
tried, and the Court accordingly adjourned
until IL o'clock A. M. tomorrow.
IN CHANoERy.-Before the Hon. Lewis II. Sanford AS
sistant Vice Chancellor-DEcisioss-I Isaac a. Storm
bankruptcy, Sc.-E s. Van Winkie for comprt, b. w
Bonney for TIE General Assignee.
George g DE Kay rs he same Dsft and S. Mer7fhew
RpreJr - iUhf far n "
Bonncy for waddell, o. Bushnell for the receiver
It was decided IN these cases, that by the commence
or acquires lien upon the things action Of the debtor
which is not dvested by the subsequent bankruptcy Of
the lacr although the petition be filed before there
any assignment 70 receiver in the creditors suit
accordingly Costs of the General Assignee in the
first suit, ont Of the fund
Charles a. Williamson aud Others D. the Executors and
Hers Of Moses fieidD. d. Field for compts John Jay
aud George Wood for defts Decided that the children
1T B. Clarke he complts) had vested estates in fee in
remainder in his lifetime in the lot 257 Broadway and
necessary parties to the suit for the foreclosure
Mapes & Oa1leys mortSage That they are not barred
by such foreclosure, and have right to redeem That
the mortgage is valid in part and the question Ken
nedy's gage reserved. Decided that the Limitation
Of suits equity prescribed in the sd section of the
vsod Statues does not apply to Of action exiSng
when the statutes went into operation. Decree for
redemption and an account of rents, SC, and of the
'mpfoy &c Other questions and directions
served.
othcrs--J. Crosby and B. f. Butler for complanants
J {. DevercuS jr., G. OConor and Geo Wood for de-
eBdanis Decided that Carroll and Neill as assignees
OF fund in this State for the benefit of creditors are
liable oproceedings in Courts have the assign
ment carried into effect Decree establishing complain
ants debt snd-drecng sale OF the lands assigned an
account and distribution among all the creditors Of
Suke Herman.
Cyrus p. Sn,ih e ai executors of Masdalene March u.s.
john D. Sands-A Crist for compainants T. Eames
for defendants decided that the lands question belong
ed TO defendant, and not to Mrs March. Bill dismissed
with costs.
james Goats and others rs. Ifoibrook and others-C
Edwards for compainants j. B. Wright for defendants
Decided that no has right to the trade marks
OF another so as to palm of similar article the pub
iic as the manufacture Of the latter An alien non-res
dent is en:,,led to protection against such OF his
trade marks Defendants perpetuay enoined from sell
ling imitation of Coats Six Cord Thread" and de-
creed to pay costs OF suit.
Wauer HINT u.s. Robert u. Ruggies.--J. Anthon for
complainant; Il. c. Goddard for defendant Bill dis
missed with costs
Jacob Berry John a. Cross and others-J Dikeman
for complaiDant w. w. Campbell for defendants. De-
cded that the complanants did resign vacae his
Office of trustee in the Williamsburg Union Ferry Com
pany and was, therefore, wrongfully excluded by de-
PENDANTS Decree neutrality-suspicious. to pay the
costs.
r. $. Henry rs. HWilkes-A. Crist for complainant II
w Warner for defendant, and H. Wilkes v. r s Henry
cross suit. Original bill dismissed with costs Cross
bill dismissed without costs.
Scudder and Manning, .Assignees, &C., u.s. Ha,~
Power and H. Brewster for defendants. Decree that
Judgment belongs to complainants Mckinley to assign
same Harris and wife to refund to him the money paid,
and give up his note and pay complainant costs Ro
gers was not necessary party to the suit.
j. Goodhue T. Co rs b. Berrien, in suit of Nc Cracken
rs UoHen-J A Manug and e. Edwards for complain
ants; > H. Thayer and J. T. Brady, for defendants De-
clded that Berriens mortgage fraudulent against
Woiens creditors and compainants entitled to the
plus moneys on their Judgment with their costs of the
litigation before the Master. No costs the exceptions
OF the hearing
G. = Conerin and others Edcard a. Jee and Others.
g f. Allen, for complanants; c. Edwards, for defen-
dants Decree that the proceeds Sc Of both consign
ments De delivered to the compainants who to de-
ver ZIP the bills OF exchange pro anto. Defendants to
have on account if they choose.
NeUcomb, III M. tfdfthetrS
comb and Nc Bride .9dmnisrafors Of b. OBren rs. ST.
Peters Church G. Heeney and others-H. S. Mackay and
y. f. Butler Tor comFlanans; $. b. Romane for c. ee-
Dey; Z. OConor fer the other defendants that
the Church was affected by trust fraud, and the
bond and mortgage deemed satisfied by the lapse time
And that the compainants barred against Hecney
by the accounting OF Reeds executors before the Mas
ter III 1922, and ITS subsequent adoption sc. Bill dis
missed without costs.
Janet Wilkes and others james Harper and others
w W. Evarts and Prescott Hail. for complninants; s.
4 Foot for defendants Bill dismissed with costs, but