The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-07
Common Pleas.
Before .Judae IJlshoeffer.

Fee. 6.-John Henry Hauke Us. Joseph GuIck-This
cause was resumed this morning The defence set up
was that defendant acted under legal warrant issued
by court of competent jurisdiction; that he used
| more force than was actually necessary to compel
witnesses were examined for the defence, all Of
whom contradicted the plaintiffs witnesses. The
Judge charged that according TO- the evidence, il
was clear that the defendant went with assistant into
ed him. and the question before the jury is whether he
that he held warrant by virtue Of which he arrested
plaintiff for S. including costs and fine he also proved
put him OF with the same excuses he snt again on
the 30th day Of August and he then toll him that he
was an alien; that his employer was not within, and
begged of him to watt and that he would 60 with him
soon his employer returned In the meantime the
police arrived and called upon to ntefsre; they
arrested ell the parties and took them to the Police Of
fee and the magistrate there refused to interfere the
defendant acting under warrant The plaintiff
then taken to Edrdge st. prison, and detained for about
hour. The 6rst question the jury dec do was
had the Court Martial authority to issue the warrant If
.ne plaintiff resided within the peat Of the court Ger
and the warrant illegal the next question is did
the defendant at the time Of the arrest know that the
plaintiff did not reside within the beat and lastly did he
know he was an alien1 Upon the testimony before the
jury they are to decide these questions and II they
come to the conclusion that tho defendant knew plain
an alien and not residing within the beat Of the
court plaintiff IL entitled to verdict Verdict for plain
tin $50. For plaintiff Messrs Brookes and Lesfs for
defendant Mr. Lee.
SUPREME CoURr.-Spec ial Tcrm.--Mr Chief
Justice Bronson presiding. Wednesday, Feb. A..
Carpenter Rapeye ct al-Moon to set aside default
taken before circuit Judge, and for leave to for
new trial; granted terms. Doy ct al ads Bogardus
Default opened which taken yesterday and motion
TO stay perpetually all proceedings execution, &C.
for Judgment a. IN ss:s Of non sat de-
Med costs to abide the event Lawton ads. Conly-Mo
ton for Judgment Of non pros granted BY default ia
cobson ads Dater ct alMoon to change granted
BY default In the matter Of Garnssy oy erseer &C
Bank OF Silver Creek-Moon for certiorar granted,
parts. In the matter Of George T. WaringMotion for
payment over Of money collected ~ an attorneys grant
ed, by default. Hyatt ct al ads. Watkns-Motion 10
change venue; granted by default Moore ct al ads.
hason-Motion to change venues denied, with costs,
without prejudice Moore ads Hutchinson-M Motion to
change venue granted. Oliver ads. Crazy
Motion to change venue denied, with costs.
Carr, sheriff Iods Davis ct aMotion for judgment in
Of suit granted, by default Taylor ads Cros
costs to abide event. without prejudice Beecher ct al
ads Ross Motion to set asde default &c granted with
costs In the matter of the application Of Lansingh
Briggs for a common law certiorar granted ex parte
Finch ads Cook Motion TO set aside default &c grant
ed, terms. Russell va. Van Denburgh--Motion for
reference granted Fraser vs.. Taylor ct al-Motion
that plaintiff have leave to reply several matters grant
cd by default Chaplin White-Motion to set aside
justification Of special bail granted by default voor
hees OF al ads Pierce ct aL-Motion 10 change venue
granted, by default Nc Dougal impd. ads. Smmons.-
Motion to change venue denied with costs Belts ads.
Ferris and one other cause.--Moon TO consolidate
granted, wthoutlcos. Hustled ct al ads Elmore, adm
Pratt, Jr. ct al ads BsnnettMotion qussh writ Of
error; denied, with costs, without prejudice Adsit ads
Mills-Motion TO change venue denied, with costs,
without prejudice. sheldon ct al. ads Whsslsr-Mo-
ton that plaintiff Ale security for costs granted aoso
.fvsus.