New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-18
Law Courts.
OYER AND TE nMISER.-The ts.hl Of Joseph Ashle,
did not proceed yesterday the defendants counsel
being ready.

did not proceed yesterday the defendants counsel 10,
being ready
UNITED Stats DISTRICT CoUR7-Before Judge Belts
Croc Qf he UHifsd Stats soopof Tar Plys0lfh n.
brig JosPhiHe The Plymouth, while on her return
from RIO Jsneiro in Sept last discovered about 40
miles from NewYo the brig josephine having tire ap
peersnce Of being Ia storm abandoned By her crew
and the cargo apparently partially red The Plymouth
took the tg in tow and brought her 10 this port She
had sailed from Philadelphia for Savannah With it is
said valuable cargo but the balance of with the YES
se was sold fer $1,000. Capt Henry Of the Pyu Outh
and bis Oicers refused 10 claim any falvaee but the
brig beled. with view 10 salvage by Of the
crew on behalf Of himself and shTmstes. Messrs
Allen Paxsou claim the brig agents for the
at RchmOnd-M William Bliss appears a. counsel in
their behalf and Mesrs Burr Benedict aud Bcebe for
the libesnis.
commended for the claimants tia, the Plymouth
being United States national vessel In rendering relief
TO the said brig was acting under general instructions
from the Navy Department to render aid 20 vessels In
distress freely promptly and without asking or reeev'
ing compensation.
The conduct Of the commander Of the Plymouth and
his first Lieutenant and other officers in bringing the
vessel in and agreeing not TO ask salvage has been
spoken Of In terms Of high prase.l
The argument will be continued this forenoon.
SUPERIOR CouRT-Before Chief Justice Jones-Ed.
gar Il. Poe vs. Hiram Fuller and 4. w. C7asoH, Jr-Mr.
T. is known eminent writer and contributor 10
gaines. &c. Messrs. F. & c. proprietors Of the
Evening Mirror. Mr. p. in article published in
GOdoy's Lady's Book literary men, made some men
ton of Mr.. Thomas Dunn English, which caused that
gentleman 10 publish, over his own name or two
articles against Mr. Poe In the Evening Mirror.
he sentences on which the writ for libel founded
follows
Il hold Mr.. Poes acknowledgment for a sum Of mo-
ney which he obtained Of me under false pretences."
Il know NJ. Poe by succession Of his sets one Of
which is rather costly. ] bold Mr. Ps acknowledg-
ment &c (ss abOve) Another act Of bis gives some
knowledge OF him. merchant Of this City had &C.
cused him Of committing forgery. and he consulted me
on the mode OF Furnishing his accuser and as he was
afraid 70 challenge him TO the field chsstse him per
sousy, suggested legal prosecution as his sole rem
edy. and al HE request obtained counsel who wes
willing ne compliment 20 me, 10 conduct bis suit with
out The customary retaining fee But though eager
at first 20 commence proceedings he dropped the matter
altogether when the time for him 70 act thus viz
tually admitting the truth Of the charge
Proof was taken as 10 the proprieorshp the paper
&c. Mr. Clsson, who defended the Gaze moved that
verdict for defendant 5e taken related TO himself
II had not been shown that be a proprietor This
was objected to by Mr. Fsncher, counsel for plaintiff
who testified that Mr. Cason told him that he (Nr Cha
som in fact owned the establishment and that Mr. Fuller
was but nominal proprietor The motion was denied
For defence justification put in, also that the cha
rscter of Mr. Poe such not to entite him 10 the
favorable consideration Of Jury.
The deposition o; Mr.. English, taken at Washington
resd He states that Mr. Poe solicited OF him the
the loan Of $50 to get the Broadway Journal in his own
hands and promising to get Mr. T.. share Of the pro
FITS that Mr. T. lent him the money taking his note but
Mr. p afterward offered transfer an interest in
the Journal and deponent underood that the paper had
T. had told him that nechant Of this City had designs
upon lady Of their mutual acquaintance whom he
supposed Mr. Poe 10 have great influence with. &c and
the said merchant in order get the lady against Mr.
Poe had told her he forger. Mr. English in that
deposition also stated that the general character Of
said Poe is that Of notorious liar common drunkard
and Of utterly lost to all the obligations OF honor
Mr. T. the merchant named testified TO having met with
the party at the New-York House where he put uphe
called upon by Mr. Poe IN relation 20 what said
about forgerywtness Immediately sought out the per
who told him that person denied that he had ever
made any such charge about Mr.. Poe, and l supposed
SAID the witness that had misunderstood him. wrote
a letter 10 Mr. Poe, informing him of the denial and re-
traction. This witness also Judge Noah and Mr.. Free
Hunt, testified as to the character Of Mr.. Poe
Never heard anything against him except that he is oc
cssionsly addicted 10 ntoxicaiiOn.
Tho respective counsel summed up the case Mr..
Fancher on behalf Of Mr.. p stated that Mr. J. has re-
Gently buried his wife and his health was such as
10 prevent him being present
The Court cha zed the question Juryto be whether
the publications were not If there is miuga'
ton in relation 10 them as TO the character OF Mr.. r
The Jlry returned a verdict for plaintiff Of 22o-For
plaintih Mr. = L. Fancheri for defendants Mr. Clason
in person.