The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-05

back to my house on the st Of ssptsnbs 1885, she was
IN III health Dr. Evans attended herr DR. Thomas Mills
what was the matter with herr Dr. Evans attended her
heard Dr. Milspaugh tell her that an ABORTION had been
produced upon her and IL she did not tell him ali about
1t, he would do nothing for her ann o." "''"'
Cross-ersmined-Id do not know the day of the month
Snen Maria came TO my house; 1t was in April 40 not
CoRNELius NEArrr sworn-I know DR. Thomas Mills,
Ssush ba MS character good know Maria
her oath Or Thomas Milspaugh has not good charsc
The Court then adjourned until this morning
SUPREME CoyRr-Nov. 4-Gepsral Te-m.-presen.
Justices Hurlbut, McCoun and Masoa-The J-gerson
Co Bank ps Prime, Ward 4 Co.-Jud,e Edmonds hsy
writ OF habeas corpus was immediately applied for
and granted BY the Supreme Court returnabls this
the matter, 1t appeared that similar proceedings were
Instituted against the defendants by the Bank OF Com
Others and the rules Of the court requiring these
parties should have eight days notice
In this cause the court directed that further proceed
ings should be postponed to Friday the instant
and that In the meantime notice should given to
the attorneys OF all parties In interest
The proceeding against Prime Ward & Co, by the
Jefferson CountyiBsnk, Ia believed to be the rst In
which it has been sought to give to the swel the
effect claimed. That act has usually been supposed
to embrace only cases of fraud The Claim
now is that whenever a party has obtained
Judgment he cal proceed against the defendant,
under this act, the moment he makes demand the
defendant to apply any rights of action which he
have to the payment Of such judgment and request to
execution cannot be issued the Judgment until 80
days after it is rendered; but the plaintiffs insist here
that their right under the act in question is immediate.
Prime Ward Co., it is sale, decline to appropriate their
property except pro rGi5 among their creditors and
deny that the refusal to apply it to the payment
tcular creditors Is the unjust refusa mentioned in the
Swe act We understand that the proceedings institu
ted by the banks and Others above mentioned In
harsh vindctive spirit but merely for the purpose
should the sustain the claim Of the Jefferson Coun
ty Bank OF putting them an equally favorable foot
ing
After a few unimportant motions the argument Of
cause No. AZ was resumed and finished. Judgment re-
served.
The cause of HaugAey ads. The People, next
taken up, and the argument concluded. Judgment re-
served.
Filing Notes Of Issme--A misunderstanding having
of the Supreme Court many members Of the bar having
supposed that the Thursday imme diatey preceding
Monday on which The term commence Is not Of
the four days in the rule the Court ordered
that future all Of issue tho Supreme and Cir
cult Courts, be filed before tho Wednesday pre-
cedng the first day of the term Of the Court and that
he same be entert d on the minutes.
UNITED STATES DISTRICT CoURr-IN ApMIRALrY-Be-
fore Judge Belts Mott Bed,l hbeant, the cargo Vt
the sch ooner Jhadeus and Michael Murphy claimant
About month ago the claimant Murphy, shipped at
hadelpha board the schooner, u cargo Of GOALS,
consisting of hundred and fifty TONS consigned
to A. X. West at Brooklyn. Soon after the schooner
quit Brooklyn He here and stopped the coal In
rGnsftur Bedel the master Of the schooner attached
the cargo and caused to be sold for the freight Of this
cargo and for tbs freight of former cargo, which he
alleges to be- due to HIM and had the money brought
into Court and then ed the libel in the present sut
praying lie decred $500 for both fregnts out of the
fund in Court, On the part of Murphy it stated
that before the cargo attached he caused 500 to be
rendered to the bean for the freight Of the last
which refused The question therefore, IT, whether
the hbelapt has good lien the proceeds Of the
present cargo for former freight Judgment reserved
For libe1lant, Warning ROCKWELL for claimant, New
ton and Nelson.