The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-06-06
Superior Court.

superior Court
Before Chief Justice Jones.
JUNE o-WM RushUorth VS. Daniel Embury.-This
was an action for malicious prosecution From the state
hotel keeper in Philadelphia and tina. defendant al the
time the cause Of action accrued was an officer of the
Long Island Bank In the summer Of 1912, named
antne or vandne porter of the bank while crossing
from this city to Brooklyn was robbed Of SOS and
amongst TINS sum were two three thousand dollar
thieves, who were all known to the police were arrest
ed on suspicion Of being concerned in it, but upon an
against them found to be insufficient and they were
all dcharged-and up to July, leaa clue was found
cerned in it. At this time cricket match was to come
of in this city, between the New York and Philadelphia
Cricket Clubs in consequence Of which large number
oil persons from Philadelphia attracted here, and
amongst others the plaintiff, who is a sporting character
to witness the match and to bet they thought it, The
plaintiff put up at Clark and Browns, in Maiden lano
had before some slight acquaintance At the time Rush
worth arrived in this city he had with him bill for
$1,000 together with some other small bills amounting al
together to about Sl05o The note for $1,000 he handed
to shaw to procure for him small for the purpose Of
betting Shaw accordingly procured the small notes
and deposited the $1,000 Bill in the Phnnix Bank from
which il went into the Union Bank and from there was
to he one of the notes stolen from vantne the porter
On the 9TH of August s4o, Rushworth arrested in
brought before the then mayor Of that city, Mr..
scott, on q charge OF having received $1,000 note,
required by Mayor Scott enter into bonds in So 500
with snreties for his appearance before him, May or
IN ten days to answer the charge At tho expiration
the time he appeared before Mayor Scott M Embu-
ry did not appear and charge made against him.
In the mean time the defendant procured other
laid them before the Grand Jury this city and obtained
bill of indicmen and then applied to Governor Bouck
for requisdeno the Governor Of the State of Pennsy
vana, upon which tho latter granted a warrant and
Rushworth was again arrested in Philadelphia and
brought to this city, and required give bail for
appearance in $1,000 and, finally nole prosequi was
entered the indictment, and Rushworth's bail dis
charged. After the plaintiffs evidence had been gone
through defendants counsel moved for non.suit Oh the
ground that 1t necessary the plaintiff should prove
acquitta and want Of probable In this case it was
commended that want Of probable cause not proven
that the entry Of nois proseqm not acqutta
was merely an adjournment OF the without day
new process might any time afterwards be issued on
the indictment and the trial of plaintiff proceeded with
The decision Of the Judge, the motion, not OBJ.
tanned when the court adjourned.
Before Judge Oakley.
Robert H. Shannon vs. Moses " Bedch-This was an
action for libel The libel complained Of was a report
which appeared In the Sun Newspaper Of decision In
case pending in the Superior Court The plaintiff was
nonsuited
Before Chief Justice Jones.
Lehia Saure VS.. Wm. Heiiarnesion, Robert Bell and
james .4leranderThis action Of respass for as.
sault and battery Tho plaintiff is widow, and at the
time OF the trespass resided in West Broadway II an
pears that In the month Of December last the
went to her house. but what business did not appear
il was however proved that they committed very gross
and violent assault upon her. by which her life was for
some months after in great danger There was no de-.
fence and the jury gave her verdict for $3.50.