The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-07-08

the year ls47 hayes been repetition OF those of
1885 and si at each of the thr periods be has brought
ruin Mexico and his fall will now 1t is to be hoped
prove rretrieyable
Law Intelligence.
mssr Ra,. STATES DsTnIer coTsr July before
.amsrica her tackle SeThe libel in this suit WAS
filed by Clark alleging that he employed second
pilot on board the steamboat North America for one
year from LIST March, ls46 and that was discharged
in the month of November following and praying to be
decreed the balance of his wages A motion made
ME stipulation for COSTS founded upon adavits set
ting forth that there was defence in bar.
CounrThis cause being In course of regular litiga.
ton the Court will not interfere motion founded on
asupposed defence in bar to order the action dscon
is shown for compelling the beant to file stipulation
for costs. Motion denied.
Henry j. Carr Us. The Bark Zenobia This case
which reported Tuesday was decided this morn
ing His honor said that the libel being filed double
cause Of action well for for which the ship
master may be both liable the Is not In which
the court will compel the bellant elect which branch
he will pursue He may, accordingly maintain suit in
3ersonam against the master for cost and wfuy aban-
doning the libeant in China, and for abstractng or
Withholding his specie shipped and seeking damages
yond the liability Of the ship and against the ship in
GLIDING the master ALSO upon the contract his pas
sage and the transportation Of his property provided
he shows case within the jurisdiction Of the court
Motion denied.
SUPERIOR CouRT--Before Judge Oakley oodhuI
4 Minturn rs. d. M Wiison &. Coin this cause the
jury rendered verdict for plaintiff for 1856 &c.
COMMON PLEAs-Before Judge Ingraham-John b.
Montgomery Darid Baid.i, ct ais-This was an ac-
ton balance 1894 wages The defen-
dants are dry goods merchants in Cedar street.
poyed the plaintiff as salesman the first of March,
is46 for limited period. They discharged him in the
latter rart of November, following which was month
defence set up that plaintiff at the time
lie was hired, that he had large who would
dants alleged turned out to be false The Judge his
charge told the jury the only question they to de-
eide was there defence; it was conceded that plaintiff
was hired and continued with the plaintiffs near the
expiration of his time, and his being discharged SO very
near does not deprive him of the right maintain his
action but ia making up verdict, you have right
to take into whether he was guilty of bad
management, negligence, &c. and if from the evidence
you think he you have right to make such deduc,
ton from his claim the facts warrant Sealed verdict
Titus.
CouRr OF GENERAL SESSIONS, Wednesday july T.
Before Recorder Scott, and Aldermen Lawrence and
Feeks. John McKeon. ESD, District Attorney At the
opening OF the court this morning the following gentle
men were called and sworn grand jurors viz-erar
dus Boyce, foreman; John Brady, Walter w Concklin,
Robert Getty Horatie Mott, Peter Perne Isaac Wal
ton, William M. Wilmarth Brutus Skidmore, Nicholas
l.. Ludlum, Thomas McSpeddon John G. Haslett, Thos
Charlock, Caleb HauR John l.. Harmer William Young
James l.. Bergen, Charles L. Matthews, Roe Lockwood
Alexander s. Gould James H Perkins, who. after the
usual charge from the Recorder retired to their room
to commence their duties
Trial for Assault NTH Intent TO KiU-Thomas Hol-
land was then placed ut the bar for trial indct
ment for an assault with intent to kill Peter shultz,
the 10th day Of April last.
PETER SHuLrz sworn-l keep a grocery store at No.
Oh west street; know the prisoner; the 18th day
m
and asked If would go and purchase him some bed
hteads that he had many enigrants did not know
what to do with them. While / in Mr. Killers
house, Holland, with two three his gang came in
and Holland dragged out; | was then assist
ed by two officers; after got home Holland came
to my store and said he would XIII me- and then struck
me with slung shot instrument of the kind,
which fractured my skull; confined my bed for
week and to the house for three weeks.
i. w. Z. WHirTINcToN, sworn-Ilive at No. ~ Cedar
street; on the 10th of April passing Mr. Shultzs
house when saw large crowd around the door; did
M land af a..
looked in and saw Mr. Shultz pdpg by the counter
saw him struck and fall
CATHARiNE SPINGER sworn--I live at 6l West street:
on the day in question: as taking tea heard
great noise, and then went down stairs where saw Mrs
shuitz push man out of the door; that Hol-
land; heard Holland say he only wished he had killed
him; did not SCI him strike Mr. Shultz
Mary sHuLrz swom-l am the wife of Peter Shutz;
on the evening Of the 18TH Of April up stairs aud
some one came up and told my husband was almost
killed. ran down stairs, and heard Holland say he
would kill Mr. in the street. in the stat house
called for officer but none would assist then push
ed him out OF the door; he then said he would kill
ID Dutchman some other time, If he could not kill
The prosecution here rested when the following tes.i
mony adduced for the Defence
in question:; saw;5hultz strike Holland with "a slung-
tlot; did not see Holland strike Shutz.
WILLIAM SMITH sworn--I was at Killers on the
day in question; Mr.. shultz there Holland told
shultz he had no business there, and put him out;
saw shultz strike Holland several times; did
Holland strike shultz
The case went to the Jury, who found verdict of
guilty OF assault and battery only He remanded
for sentence, when the Court adjourned until to- NOR
The Court OF Appeals and the Supreme Court which
have held their first session, under the constitution
at Albany, during the last few days. 1t is understood
agreed upon the following arrangement for this
city;-1he Court Of Appeals will hold in this
city, commanding ON Tuesday, the 9th Of November
next rbe Supreme Court will hold general term for
hearing of arguments the first Monday of September
next; and special term on the first Monday Of every
month after August next Circuit and Oyer and Ter
miner the Sd Monday Of September and LIST Monday
Of November next. Stngs for trials by jury the
Mondays of October and December next.
CouRr CALEvpAR.-surRrME CouRT = This Day,
July Before Judge oakey.-Nos IL, 10, 80, 80 81,
49, 80 49, A. 3D. A. 40 A. as 49, so 81 81, 49, %, So
o. 81, 80. So 60, 81, 81, GO, Ga, IS, g. 60, 60.
COMMON PIEAs.-Part First.-Before Judge Ushoefer
This Day July sNos ll3, 81 3ll a. 306 81, S. 81,
TO- l05 309 49, n. Part Second--Before Judge uyra-
ham Nos ISL 2s6 2ss, 900, 2ea, aol aa6 SO, a. ao6
1913, Ia, 2f6 1855