The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-07

Superior Court.


FKB 6-Petsr Gram Almond ID. fYsk.-The jury in
case ully reported in yesterdays Hsraid gave YER
Siias Woodps Wtlism Tyson-This was a suit brought
to S3 %, balance OF disbursements $4S for
the Court expended for and on account Of the seamsoat
Virginia, during the latter part of ls4 and up to the
M . May Ii. and Of snsyp uaun
beng onesxth part each OF their right and title in this
stsamboat) for $4,000 to the defendant The defence
contends that in the purchase Of these two shares he
was in no way implicated in the debts which stood
might stand against this vessel particularly where the
plaintiff might presume his claims to any unpaid balances
Ills purchase was entire and complete and independent
of all debts which the plaintiff might entertain against
her His Honor the Judge charged that was matter
in which the jury themselves should determine by the
testimony presented and the circsmstances inTolved
The jury gave verdict for the plaintiff OF Ss 49, and full
John Tuily US Russell H. Post-Thia was an action
brought TO recover damages for an alleged malicious
prosecution and false imprisonment Tho plaintiff was
seaman on board ship Elizabeth Dennison, and ship
ped at Mobile for Havre early in the season The
that the l2th 18th of May following, difficulty
CURED between one Bowers second mate Of the ship,
very violent treatment at his hands being down
by "beaying PIN receiving very considerable injury;
from the watch Of the first mate CWllams 10 that Of
the second mate BowersD and on the day succeeding,
he ordered to slush the oremast generally consi
dered ship board disgraceful duty that he went
into the top for this purposes the wind however blow
norw ester to his his chin when he ordered down,
and by the direction OF the captain, logged thirteen
lasheg his back The seemed 10 snow some
little dissatisfaction the cruel treatment OF their
mate (Merchant,) whereupon they were ordered AFT
where they addressed BY the captain they then
returned to their duty from which time furthar Tn
pleasant manifestations occurred until they were dis
charged from the ship at this port and paid off, Tuly
however the complainant in this cause left the ship at
Havre after wards returned to this port Some seven
eight days after their arrival here the Captain enter
ed complaint to the u. 8. Commissioner Sylvanus Ra
pee upon the charge Of nutiny and dissobcdience Of
orders az against Tuy, Smith, Anderson and Merchant
They were confined for IS days the City prison. and
the Jail at Brooklyn, when their being presented to
with the exception OF Merchant VINO was piaced upon
trial and acquitted.
Tully now brings this action for malicious conhne-
Other suits Of like character also pending and
look forward to the final result with much interest
How far captain of ship may exercise his arbitrary
will and tyrannical method of punishment remains to
| be seen. There is period hey ond which orbearance
to bela virture" This will be resumed to-
morrow.
| Before Judge VanderpoeI
Jacob Diefenbacker Joseph Kagie-In this case OF
SANDER reported yesterday the jury returned sealed
verdict of $40 damages in favor Of the plaintiff
Louisa Rocaid Solomon HetSs-This was an action
of SANDER The plaintiff keeps boarding house, Of the
Dutch ORDER" in Warrington street. The defendant
from unknown inhrmities OF nature uttered some
words of libelous character touching the reputation
the plaintiffs Tor rather alleged) house. and
that of the impropreties of life here
ragged and INDUCED in. That her house wa. dance
house, rendezvous for prostitutes and sailors" The
defence plead Justification and great many witnesses Of
foreign origin introduced and interpreter was
in almost oil instances found necessary This case was
unconcluded up the hour of adjournment and will be
continued tomorrow.