New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-09
Law Courts.

Cr6ctrr CorRr-Beforc Judge Edmonds.-HaJeGs
Corp~-John Cook, the young man who had enlisted
in the California volunteers again brought up Dit
iculty again cnued the papers Capt Fr-Oec stating
Ina, he did not have the hsbeas corpus the petition
but Mr. Sutherland insisted that he or Col had taken
them away the last day OF meeting. winch was de-
MED On looking over his papers, finally, Capt found
the writ and while h. handing It to the Judge. Mr.
sutherland espied the petition also among Cspt pa
pcr= and the proceedings commenced Mr.. sutherland
contendcd TIM, the enlistment was void, on various
grounds among them. thai the men snllstne nad &
right by law elect their own ocers ana nohcoiniIs-
stoned oicersthn such bad been done IN the company
of which Cook formed part Mr. DIVER having been
elected Captain Mr. HAYNES lst Lieut. sc and Cook one
OF the Sergcants hut Col :. had changed the names
with the exception Of the Captain. who aiterward
withdrew and obtained commissions Tor other persons
from Gov Wright The Judge would not allow any
testimony on this point be- said it could not affect the
enlistment however the officers might be chosen Col
: placed the stand and stated that the regiment
nas been regularly mustered IN the L. = service Hr
Sutherland denied that II In regard 20 fraud IN
tho original enlistment Cap: Frisbee conended that the
men having answered 20 their names IN becoming mus
tered into the L : service Il maftered not how they
enlisted This denied by Mr. sutherland who
stated ,na II The OF that company had known that
Capt DIVER did not in il. and that they could
10; eject their own offers they would no' nave an
swered 10 their nsrres when muster was called
The testimony a. 20 alleged fraudulent representa-
lions allowed. Capt HAYNES, On y Militia an auc.
oueer by occupsiionl stated that the company was
raised AZ his individual expense, and ne was elected ts
mr.; lieutenant He heard Col Stevenson address the
men telling them that he going with M family 10
California 10 scrte-ihat he wished good mechanics 10
oir the regiment also see;hat they should have
upwards OF 30 acres OF land apiece and be pledged min
self that !! -nv man within two hours OF the sailing OF
the ships for California felt dissatisfied and applied ior
his liberty he should have II Inc examination was
adjourned 10 the afternoon
A,the afternoon session Col Stevenson gave further
testimony He denied having promised the men land
in California He told them mat there land there.
and tina; Bill WAS before Congress giving each
commissioned officer and private certain quantity
each-he believed about $50 acres and the Bill passed
I'VE believe did not they would be entitled 10 u Col!
spoke with good deal OF uniriendly appearing feel
Ing Capt. Haynes and Gen sutherland tine coun-
sci and spoke OF having refused accept the Latter.
with company in the regiment and ne had written 10
him ful>o.n, letters Nh : denied this and stated that
Col :. had 1rst addressed MIN!
Col :. II answer 70 questions, ackno" edged to nave
stated persons ths without hin. Col = ihere would
De no regiment
A witness named Games spoke OF harns heard Col
: speak o; the .etttl. land but not before the
company 10 which Cook belonged
Mr Joseph Diver gave testimony lie was elected
Captain OF the Company n which Cosk enrolled. He
himself was stated II enlistment: roll the signed
as Captain bu. ne believes i had OF Hrst and
second Lieut. the time OF inspection. He Capt D.
gave copy OF the enlistment rel 10 Gen Morris filing
up by request OF Col blanks for and second
Leuts win Col :. gave him. (the men not
knowing such hsd been done and kepT the origns hiI
sell. Is in the service The case was postpou
ed unrl tomorrow wednesday, al o'clock
Vice-ChanceIlors Cou-t-Before Vice-Ch- McCoun.
ID s.-BGr5iere Is. Bdr5ir>-Su.t FOR d.
vorce-Moton to modify the order permitting after the
b. had been taken confessed the husband 70 come
IN and defend. Denied.
Sa1.e vs. Sarae-is 10 the property. Some OF the ex-
cepacGs allowed others denied
Peisr:e - Peioa:e-AioEoa 70 vaeste the decree Of
dirogcs Gnd PERM; The vie ne teisnda1 20 Gene IN
and comics, the bill she having denied being OF
the bill being sled and swearing that she : innocent Of
the caA-ge brought aaInz; aer Allowed complainant 70
al nance her 500 70 defend TIE charge
There were Two or three ether decisions a 70 excep
lions Ac.