The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-09

Law Intelligence.
SUPERIOR CouRr-Before Chief Justies Oakley-Iri-
lay. October s-TAs Merchants Mutual Insuranes Co.
MISERY note for $500 payable to the company twelve
months after date The note was put in suit the
lud passed the note security for the persons who
iealt with them. The defence . failure Of consi
On the part Of the defendant 1t was stated
luire whether he wished to insure his premises in Bur-
ling Slip, and also IL he had any marine risks repre-
company. The plaintiff replied, that he would In
sure his premises but that he very seldom had
tions gave the note in suit in advance for premiums
Shortly after he took out policy goods which he
shipped to New Orleans amounting to S. and soon a.
which were the only he obtained for his
note Afterwards he applied to the company for FIRE
policy on his premises In Burlng Slip but they refused
He then sent them $6l, the amount Of the two pre-
mums which he had obtained, and requested them to
charged the jury that II they believed Mr. Ray at the
time he gave the note understood that he gave It
and that he share all the profits md advantages
OF the they ought to find the full face Of the
note for the plants butt they believed the note WAS
given in advance for policies to be afterwards taken out
and without any other object then they ought to ind
verdict for him: Verdict for plaintiffs, 500 This
amount which the defendant had before offered them
For PlaintiR Mr.. Lord; for defendants Gen sandord
u. 8. DISTRICT Couar, Oo. s-Before Judge Belts
Charge Of Rsooh-Edwsrd selth, VIM. Fisher, Thomas
Otnerb
ship Queen Of the West Indicted for an attempt to
make revolt, were put on their trial After patient
isnvsstsstiGn, they were found guilty except Thomas
I'm the course Of the day, the grand jury came into
Court with two true bills against Leonard Enseworth
Carey for an assault with dangerous weapon -
COMMON PLEAS, Oct. s-In Chambers-Bsfore Judge
granted by Judge DAILY on the application Of John Can
ming requiring Thomas C. Rtchy, and Sarah his wife,
to bring the infant Of the relator into court and
Qh Inv fhav mt fO Utatt
child Upon investigating the case the Judge ordered
that Mr. Canning should be allowed to sec the child on
every Sunday AID Wednesday.
CoURr OF GENERAL SESSIONS, Dot sth.-Before Re-
corder Scott, and Aldermen Feeks and Tappan John
McKeon, Esq District Attorney. Case Of Caroline
court this morning, James T. Brady, Esq renewed his
application for commission to take the testimony Of
Luther G. Mailsrd, and wife, now residing in Massachu
sets and Horace Armstrong In New Orleans being
important in the defence of the accused Mr. before
proceeding to state what grounds he asked for the
his duty to inquire Of the District Attorney whether he
had convsrsed with members Of the court in rela
that he had merely observed to member Of the court
that the defence had refused to disclose what they
intended to prove in evidence obtained by the pro-
pesed commission; Mr.. Brady said that he protest
cd against such course this, being illegal
he also Of the fact that member Of the
was at the lime Of the arrest Of Madame Rese
and whom the matter was brought before Judge Ed
monds, on writ Of habeas corpus, which occasion
he manifested the deepest interest and some degree Of
prejudice against the scsused That under such
stances he would respectfully ask the gentleman to
whom he alluded whether he could sit the bench
impartial judge In dsposing Of the Nevsrthe-
less this member Of the court to whom he addressed
his remarks (Alderman Feek should state that he had
such Was the case, and would ohssrfuily prooeesd
for the commission desired Alderman Fssks In re-
ply to the remarks of Mr.. b, observed that while
s h% 9, s
would take occasion to say that he had formed opin
ion a. to the guilt or innocencs OF the accused Mr.
Brady then to state that sought by the
prosecution to convict his client upon the testimony
one Maria Bodne. who had incurred greater punish
msnt than Madame Restell; that she was in far
worse position than the defendant In this case;
| and that she would stand before this court self
convicted that the the defence were entitled to have
they should bring forward to rebuff her testimony
Mr. B. next alluded to the hurried in which the
rct Attorney having moved her trial the fourth day
after she obtained her discharge ball. only fourteen
to meet her unknown accussr The Defence he observ
cd, desired to obtain the testimony Of Luther @.
Maillsrd and wife, whose residence has but few days
ago been sscertained to be In Massachusetts, The
Armstrong now resident Of New Orleans who former
with her character. The District Attorney in reply
contended that the application for commission wse
tried, while, in the course of few months tn. river
would be closed up and thereby render extremely diff
cut II not altogether impossible to secure the attend
Of witnesses from Orange County whose evidence
essential in sustaining the character and statement
| Of the complainant
The decision Of the Court deferred until 70 NOR
row morning.
Conptctiony TOR Conspiracy to- Defraud-This csus
then resumed, and several witnesses called By
the defence, with view of showing that Mr. Townsend
had been esteemed as highly respectable and hon
orable VIM Dodge and f. A. Tallmsdge, Esqs
then addressed the jury the of the accused
the District Attorney for the people The jury after
brief consultation found tho accused guilty at the
time earnestly recommending Mr. Townsend to the
mercy Of the Court. On motion Of the District Attor
ney, Mr. Kershaw committed to await the sentences
of the Court to morrow Mr. Townsend discharged
on his recognizance.
The Court then adjourned until TO- morrow morning.
Judge Edwsrds-Nos 65 I34 1875 I4O I4l, l42 I4l I46
LAT, 14s l49 l6l, lb3, 1854 Before Judge Morehouse
Nos S. 81 So 3d. &c. 49, IT. &c. 90 o. o. 96 3d. l0l l02
CoMsioN PLEAs-Mondsy-Psrt lst-Nos SO, SO, 80
66, ga o. 90, g. 81. Part 2d-Nos 49, 49, l2l, 1913
49, l27, l29, l3l, l33,l36, II.