The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-20
Law Intelligence.

Court OYER AND TERMirER, April l9th.-Before
TsisI for aughter-Thomas Mshony was put on
his trial this morning, indictment charging him
with having, on the 9th of February last in Water
street. inflicted divers wounds and bruises the body
Of James Donovan Of which wounds and bruises the
said Donovan died on the Friday following.
CATHARINE HALY examined BY the District .4tt0rnsy
Lived in February last in Water street with Donovan
and his wife Donovan was hurt on Taeedaythinks it
it between vc and six O'Clock beth men woro Sit
ting at the stove very drunk Donovan the deceased
and said he would kin her il he was to 9. to the Stat.
prison for it for 10 years after deceased said he
U would have his wfos lif' tho prisoner asked him
then prisoner said he would not let him, and they
clinched and fell on the floor witness saw prisoner
strike the deceased two blows; after which he cat
followed by Donovan, who took glass bottle OF the
dresser and flung it after him. does not rs0oect the
said her examination before the that priso
ner kicked Donovan after he down; but she might
have said she Mahony knee him his side; after
until he died
DIR. wirHERAL examined by the District Attorney
Recoecs being called see the deceased last February
found him in considerable pain; he complained Of his
abdomen and bowels; he was considerably swssd or.
dered him to BIO bled, his feet bathcd and mustard
plaster to be applied him next evening" and order
ed some eeches to be applied; him the next
ing Friday he sinking fast, and he died that
blood vessels broken and the intesnes protruded also
found bruss under the ssrotum; thinks the injuries
he received on the abdomen and under the scrotum,
the cause Of his death.
DR.. WALTERS the Coroner examined BY the District
Attorney in relation to the dying declaration of Dono
van.
Mr.. WARNER objected, the ground that the dying
declaration was reduced to writing in the shape Of do
position and cited several authorities show that 1t
could not be received paro evidence given Of ito
tents.
The Judge said that similar case had been twice
passed upon by him and he decided in favor Of reoev
ing the dying declaration OF the deceased.
ration of Donovan, which stated that Mshony and he
quarreed the evening of the 9th Of February that
Nahopy knocked him down. kicked him In the bowels,
and trsnped upon him with his knees
The case for the prosecution here rested
The Court was unanimously of opinion that there
drunken bTawi there was no nAice Or Cruelty exer-
cised by the prisoner but sft 10 to the jury to say
whether he should be put his trial The Jury
were OF tue same opinion the Court and the prisoner
| was ordered to be discharged.
| UNITED STATES CoMMrssIoNERs OFFICE, April 49,
Before Commissioner Norton. Charge of .Assaut Nth
Queen OF the West was arrested this morning by De-
| putty Marshal Morrison, on warrant granted by Mr.
with dangerous weapon John Altman, of the
| He was held to bail for examination.
| SUPERIOR CoURr-There was only branch Of this
Court in session to-day in which Judge Oakley presided
and two unmportant only tried, Of which
tried before
COMMON PLrAs.-This being the first day Of the torm
the Court met organized and empannclled jury after
which the jury adjourned, no cause being ready.
vIcE-CHArcnLLons CuvRr, April Io-Bcfors Hon
| Lewis II. sandford.-E B. Tuthe and Eliza c.
Tu-Decree fer divorce on the ground of defendants
1
John Farley Is. Margaret finn Farley-Marriage be-
tween the parties declared null and void by Of
defendant being married woman when it was solcn-
| niZed
| Sarah NJ Pratt rs Erastus ". Prati.-Dscres for
divorce on the ground Of adultery Of defendant with
costs Complainant to have the care and custody of
their child and TO be at liberty to apply for alrnony
Elisabeth finn Kutz u.s. z. a. Kuts, JrThe like de-
Georsiana Keller US. Slas ". Keeier--Dscrss for d.
abandonm emit.
| oIlu ~ o,ia
for alimony according to the report Of the master.
In the matter Of The jackson Marine T.surance Cons
pdny-Petion for recsver &C. granted because Of the
suspension for more than year Of the ordinary business
Of the corporation.
John Browe rs. silas F. .ames--ordcr staying C. H.
Goodings action at law sgonst the receiver Leave for
him to lay his claim before who win examine
and report thereon All other questions and directions
reserved
| john Falconer and Others Us M r. and r. r. Free
ndn-Aotion to dissolve injunction denied Complain
ants costs to be costs in the
| John Dunkin Us. j. S RECOMMENDATION to dissolve
injunction for irrsgularity &c, denied with So costs
ant waving motion TO take from the files order
| ed. no costs to either party
othersOrdcr pro-confesso against Hoard set aside,
without either party Defendant to be at ibcr
ty to dcmur to the bill or to answer it, emitting the de-
| Rebscca r. Rice rs. Rebecca Tonnele and others
First compliments amending bill az to make
tees Of John Tonneles will parties, order directing
to Master to report all allowance be annually
made for complainant support and education; and UNI
loss othcrwsf anicahiy arranged there Ia TO be re-
cevcr against those In possession Of tho real estate Of
sufficient rents aud profits to pay such allowance II
qucstedS Master to report fathers fitness to apply
same to complanants support, and his right her
tody 2d-1hc motion Of defendant for receiver denied
| with $40 costs
Cornelius NJ Bishop vs. I,aac p Smith and othsrs--
injunction dissolved as to Cooke Mesck and Wilcox
for omission TO bill with SO costs TO each solicitor
Motion OF trustees to dissolve injunction on bill and
swer granted Their costs to be costs in the cause
Moses Dodd VS. John Jacob .4stor.-Notion for leave
to amend bill denied with $40 costs and order staying
| proceedings discharged
Catherine Smith VS.. Michael Connolly and others
Petition OF II. hdnonds denied with SI2 costs to
painant and 50 costs to Waddel, and order to stay
proceedings discharged without prejudice to petitioners
| legal or equitable rights against the parties.
adfta lent VS. "a Lent, Jr.-Motion for attachment
| against defendant granted
sHERIrF's OFFicE.- Before Sheriff Westervet and
Jury,-1he Italian Opera Company.-.4ifiio Yaifeiiins
rs Froncfsco r. MdriiIn this the plaintiff issued
an execution against tho wardrobe of the company
| which he caused the Sheriff to levy. Mr. Valtene
odged claim to the property with the Sheriff, and the