New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-28
Law Court,...De terred.

Law Courts eterred
CIRCUIT CouRT-CAsE GEORGE PoTTER-Motion was
made Il will recoec.ed, the Court OF Oyer and Ter
miner for order recomm Potter 10 the States Prs
on he having broken the conditions which he was
doned, leave the United States and not return TO
them. During the pending Of that motion he was brought
on habeas corpus, before Judge Edmonds, and motion
made by his counsel fer bis discharge the ground that
the Governor ha constitutional right to impose con-
dton TO pardon I'd, That he had right 10 Danish be-
yond Stateas his jurisdiction extended arther-and
3D. that there is no jurisdiction in any Court or officer 10
re-commit The prisoner.
Judge E. yesterday gave his decision As the s point
the Constitution gives power absolute pardon and as
the lesser Involved in the greater the law allowing con-
dtonal pardon is consutonaas 10 the 3D. the condition
is which the party bound TO fulfil II ne accepts
Sd, it has been held that criminal violating conti-
ton be re-comni;ted BY the Court which originally
sentenced him. BY any other Superior Court The pri-
be reanded 10 abide the motion for recommit-
ment Mr. Graham on behalf Of Potter, stated that they
intend carrying the question the Supreme Court and ssk
ed till Saturday next to prepare their case which was al
lowed
REcoRpsR's OYF1cE-Ha5>as Corpus-Aithur Ly.
mesa a native OF Ireland, bound himself, agreeaby TO
statute before Magistrate. Charles n. Campbell.
horse-shoer corner 2d.avenue and 2dst. but suhse.
ouenty refused TO obey Mr.. C.s orders, and was put
by the latter in prison. He brought before the
Recorder or Habeas Corpus and motion made for his
discharge the ground thst he over 81 years OF
age, and 30 when he became bound. For defence.
il held by Mr.. Bryan. the opposing counsel. that
the age stated in the indsuture showed that he was
less than 81 which is conclusive having been so sta
binding Il shown BY testimony that L. was over
81, and Mr.. Tomnson commended that he was not al
lowed By law, sfter that age bind himself, even
though he stated he less. The Recorder so held,
and Lyness discharged from custody
SUPERIOR CoCaT.-Fr Charlottesville. P. Mulvey, in
behalf. understand, of Patterson the young man
with whom Miss Croes eloped from heyport, and be-
came married him, sued out writ Of habeas cor
pus before Judge Vsuderpoel. on Wednesday reeuir-
ing the parties hs-ing the said Mary q IN custody TO
produce her and show why she ia detained from
her said husband, &c The writ was returnable yes
terday but none Of the parties appeared
CoURT OF OYER AND TERNrSER.-The Butchers, or
perhaps may be said the Lawyers at case being the
continued yesterday owing 10 the ndisposon OF Judge
Edmonds
CouRr OF COMMON PLEAs-Before Judge Ingraham-
Villicm Hobbs vs. I'm J. Eer-This was tried once
before when the Jury could agree. Mr. hoboe re-
ceived draft for upward Of $500 On John /. smith
CO. with which TO take up note given TO him By aessrs
Kerr, OF Philadelphia for Goods. On presenting the
dram he took for il check OF John T. 6 Co. which was
good on that day but he deposited instead OF collected
il and 1t was lost 5. Co having stopped payment DE
took up the note which he had passed the Mechanics
Bank and sues TO the Payment plead
in defence. The Court charged that person gives up
draft and takes check be does ar his personal
risk His duty to the principal Is TO receive the money
In like the present. however, the defendants are
liable to pay the note unless plaintiff actually owned il
the time he received the draft II he did not own 1t
and took up In their behalf they pay he act
ed in relation to the affair only their agent and their
remedy viii be By any action for damages for negligence
in taking the check instead of money Verdict for de-
PENDANTS. Fer plaintiff Mr. Eungwood- For defendant
Mr. Mulock.