The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-06-10
Law Intelligence.

TX S ssaasyy,a n Y ihst.Ssm John MeXs0n
Law Intelligence.
! CoURr OF OYER AND TERMINER.-Before Judge Ed
monds Aldermen Crolius and Purser.-Indictmenf for
grand larcenyMatthew Barron indicted for grand lar
ceny put his trial From the evidence It appear
ed that James Whaley Bennett of Chatauque Co. in this
bringing with him between $500 and $500 lie stopped
at Rathbuns Hotel and the same night he walked up
Broadway and fell In with Mary Simpson with whom he
where she lived She replied, not far off They then
crossed into the Park from whence he went with her to
house in William street. which he afterwards
tanned to be No. 400 They went up stairs to room
on the second floor, the door of which she opened
room, in which there was some fire and light
on the mantepiece; she took of her shawl her
vered that she colored girl; she put chair the
head Of the bed which she told him he was to put
as directed and both went to bed soon after he heard
| noise at the head Of the bed he then got up and
he s
about $3.50 had been taken out Of III he that
whom dressing he the end Of sticking out Of his
pantaoons pocket he went the next morning to friend
to advise with him about it, his friend advised him to 90
ooer but he did not meet Stephens and he
Of the circumstances he afterwards met Stephens
who recommended him to constable Rue, to whom
Rue arrested her the Five Points, Bennett was
for, and he identified her; she was searched, and
then acknowledged lived with Barron and went and
showed them the house in William street where Barron
lived; was found there with q fellow named George
Thompson, both Of whom were arrested by Constabes
Rue Josephs and Prince John Davis and $40 found in
desk answering to the description Of the money lost by
Bank Of Ogdensburgh which he identified; they after
wards. found the VEIL earrings, and breast PIN
by Mary Simpson on the night Of the 10th Of April
The three officers examined and corroborated the
testimony Of Bennett to the arrest search and fnd
house in which Bennett was robbed they found door
at the head Of the which opened out the lobby
Mr. RsusELL counsel for the prisoner obje to the
testimony Of BENNETT which taken de 6e,e
various grounds but principally under the statute of
not out of the jurisdiction of the court he
should be placed the stand the objections
ruled and the given to the jury who after deli
berating for about two hours, rendered verdict Of
guilty.
would in aggravaton Of the sentence Barron hav
ing been only short time before the robbery took place.
discharged from the State Prison Sentence deferred
until Thursday week.
SUPERIOR CouRr, June 9-Before Judge Oakley-7h The
President Of the Merchants Erchange Bank Putnam
Co.-This cause was summed up to-day, after which
three points in the case Of which must be disposed
Of by the Court In bankths only question to be dspos
the
titled to recover but If not the next question was did
tub
laid before them sufficient to warrant them in finding ell
Their OF those questions in the affirmative they should
ma for the Plaintiffs not they ought to find for the
Charles Oakley rs. Hoyiand and aspinwou;- This
was action bond for $4,000, entered into by
the defendants security for Mr.. John w. Baker,
merchant Of Trinidad, for whom the defendants are
dsnts Mr. Baker the real party in interest IN the suit
The circumstances Of the followes-n the
years 1925 1879 and $780, the plaintiff was extensively
engaged in the West India trade; there then at
Trinidad de Cuba firm doing business under the
and style Of John Young & Co., which consisted Of
John Young and person named Kennedy. Mr.. Young
American by birth. as was also Mr.. Baker. In
the 1928 and 1929 the plaintiff sent out four car
or supercargo a Mr. Alexander Foster who, upon the
recommendation Of Mr.. Baker with whom Mr. Foster
on'snsa zach S Of the to the
Kennedy died, and Young continued to carry on the
business In his own name In 1880 or 1891 Young failed
500 000-but nothing realised from his assets
subsequently, the plaintiff alleges that he discovered
sugar plantation on the island on which there is 500
slaves was in partnership With Young Kennedy 20,
@
process and obtained judgment against them both !;
but as against Baker the Judgment Is net available
until 1t Is proven that he partner In the house OF
Young Co. 1t afterwards discovered that Baker
and Young had property in this State upon which
the plaintiff caused attachment to issue against BOTH
nonresident debtors under which he was put into
of the property and to enable Baker to get it
back the defendants forward and gave the bond
upon which the suit is brought. The only question
then Is whether Baker was partner In the house OF
John Young CO. Adjourned For plaintiff, Mr..
Mr.. j. P. Hall and Mr.. Blatchford.
COMMON PLEAs.-Before Judge Ulshocffer.-Wiiham
| Johnson as. Lucius L. Comsfock-This action
Of trespass The plaintiff alleged he employed by
defendant manufacturer Of perfumery, and was to
get certain proportion Of the prohts-that he kept
book in the mandatory for the purpose Of entering the
amount and description Of the articles manufactured
that intending to into business his account
he the defendant notice Of his intention and that
during his absence the defendant took the book of
drawer in which it was kept and refused to give 1t up!
The defence set up that plaintiff defendants
servant and the book his property release was also
up further defence The jury found verdict for
the defendant For plaintiff MIR. Ep. c. Gray For
| defendant, MIR. Cochrane.
Before Judge DAILY.
Noah b. Ripley and David b. Nc Cullagh ps. .4nson
Bldke-Ths action for goods sold and delivered
It ia defended the ground that the goods pur-
chased by person having no authority from Mr. Blake
| Adjourned
CouRT GENERAL SESSIONS, June 9. : Before Re-
corder Scott and Aldermen Adams and Gilmart.n-Jo-
Grand Jury-At the opening Of court this morning,
| the names of the grand jurors summoned TO attend
called eleven of whom however, answered to their
| names. After some delay the following gentlemen ap-
peared and sworn members of thc0rand Inquest
for the term, vz:Richsrd B. Foster foreman; Solomon
John Mcclure, John Thomas, William Dubose, John
Duncan, John Castree Benjamin +. Bunker, Christian
o. Brock, b. Waterbury, Abel s. Egerton, Owen Hutch
| nson, John P. Britton, Francis Kelly.
Trial for Burgiory.-William o. Watson and Will
liam Cling then put upon their trial on an indict-
ment for burglary In the I'd degree in having the 9Th
Of April burglariously entered the house OF Potrck
Mullins No 33 Third street. and stole therefrom Sla
| CATHARINE MULLINS, swsrn.-On the 9th OF April l
lived ut No. 1873 Third street. that day saw the
prisoners in the house, the door broken open and
| at that time $l2 stolen.
Avn MAuRY sworn.-I lived at No. 1873 Third street