New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-14

SUPERIOR Counr-Before Chief Justice Bronson and
w,yoa Bachcock. ads Arad Hhiuey RMS case in
vovre the impor s.nt principle that complaint for
which punishment Is provided IA Criminal Court such
as assault and battery libel and the like no suit can be
maintained in civil Court for greater amount OF ia
IMAGES than the pecuniary loss actually sustained-tna
as the Law provides criminal prosecution Tor punish
ment OF the public wrong the civil Courts can only
be put in motion repair the actual pecunisry damage
the party may nave Incurred
The case ca ne before the Court on appeal from
Franklin County 1t was an action brought by isiner
for an assault and battery upon his little girl, In q
church She wss about eleven years OF age The de-
PENDANT requested her to sit in pew with him. when
he acted improperly with the child.
The case has been twice tried. On the hrst trial the
Jusge CHARGE the Jury that they at liberty to give
DAMAGES as in an action tor seduction and the Jury re-
ruined verdict for plaintiff OF $50 Appeal was made
70 the Superior Court on the ground ths' the ehsrgo
was wrong and new trial was ordered
do Inc second trial the Judge charged that the jury
ni,ht Give exemplary damages, and they found YER
dct Cr plaintiff Of $500 The present appeal Il there'
fore made n Hill, Jr. Esq appeared on oenat oil ,ae
defendant Hitcnecck, ana NoNe'ho' 9'""N W. '
Whitney. the istber , L.,
Mr. Din commended that az there was punishment
nroyjded for tne offence In Criminal Court me siner
- nsruniary action can only claim tor the loss OF
services OF his child-that he has right to seek IN
Civil Court return for any pecunsry loss tha1 ne may
have sustainei but that Punishment belongs 70 Tue C
minsl Courts alone MI H. quoted "a ... ,,,sr
Wendell 80 American Juris, 9Th vol. Law hepor,eI,
and other cases In support OF his point lie was fePheo
10 by Governor Seward. , til, r Al.
The Court tier sdysement neld the position OF ~,
mn ., 10 correct and sent the back tor new fai
Cr,crrr CouPr-Before Judge Edmonds-lhe ulsl Oh
Jrj gqrris ON charge of forgery was contnued.-Oh
MONDAY evening SIR. McKeon concluded ni'
n, sr.yger 10 Mr. Graham 20 his not eoncu'nS VIZ.
the views 10 take the from the Jury ne staten 'na'
ba considered IL his duty 20 fully inyesuss'e evcIy
rbs~ge made by Grand Jury and that ne "ouid prove
fi,bs. 10 bs public trust were he 10 do otner"lse ne
cop.iiered IL the right OF Jury. IN every cfunA css
M decide upon the questions OF fsct-Mr Jordan "a us
gsllv pouerfal manner, occupied the greater potuon
oftbc dsy on Tuesday. and Mr. OConor commences 10
conu,i6p of the summing up which took to late houf
yesterday. -. NJ,
r.,r-vn STATES CrRCUIr COURT-Before Judge Mel
40. A .esmsn. named Samuel Hlne WIS tired on
80 of endesvorinK 20 create revolt ~ refusing 70
% to sea In schooner board OF when he asa 50
"a The Jury did not consider there was suihcient 10
he case 10 sustain the charge and found yefdeI ol
~ suity This is the second time that hume pas
hen brought up similar charge ana o0tn ca'e Is
bsve arisen Il IS said, from temporary inooieencs VI
s,imulants He will probably from what we learn no'
be 20 caught again a., n, 1x.,.,
Cg5et aiisa and others vs. C0rneltus w. Laurence
C,r This was 20 recover return OF ouues palo v
frs, rubber shoes the Collector having charged IS iof
rsnusctIred India rubber goods, which, u conenu
cd The shoes as imported were MOTTO DC continues
this forenoon.