The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-16


Fith-Ths Turnpike Company bsiog injured by the
OF their land taken They the right 10 be paid for
the to their franchise Report sent back to new
AssAsnss., Bank Is. Ogden z Eavards and sthey.-
Application s the surplus The trust created BY Smith
whether properys trust or mortgage did not merge in
the conveyance made by Smith Edwards to the com.
for special and to carry out the intention OF hs
parties and estates kept distinct when interest
sousnt mortgage 10 set up usry in the first Hsp
Is personal defence, confined to the borrower his
" heirs and rspressntstives-to those alone who
ers Loan and Trust Co., the Oldest incumbrancer,
and Masters report confirmed.
Geo. +. Taiman ps. Vim C. FaTity and others.-Clam
in npitm have not the privilege bona de purchasers
obtain only that which their debtor rshtfuy
They can take all that rightfuy belonged to him, and
nothing more In this case the debtor never had any
claim to hold the morgaged premises free from the lien
of the second mortgage that mortgage is entitled to the
surpus in preference to the Judgments though younger
Eleanor Foulke Us. Cheu Sehnebiy.-On showing
cause Of action in rover it appeared that the defendant
certain coal lands In Pennsyvana afterwards received
from her securities to raise money to up the note
lands in his name left the plaintiff to pay her note
ana refused TO return the securities for the
rs'sed on them Order to show cause discharged
you and in equity tried in court and tss
timony taken before the court. The specific legacy Of
81 900 was chargabe the real estate decree of
sale accordingly The devise Of the resdium Is that
oharssble. nor Is barred by the lapse of time The
does not bar the legacy; therefore, decree that the
executor account on a reference.
SUPREME CoURr-CHAMBERs, Nov l5.-Before Judge
Edmonds.-Ihe People ps Madame ResfeH.-Au appli-
cation was made to-day by Me ssrs Graham and Brady
to have Madame Resteil admitted to bail The counsel
for the prisoner commended. that when writ error
was signed and stay Of granted 1t was no
longer matter Of discretion with the judge to admit
the party to bail he bound by the statute to take
such bail would the Of the prisoner
In the Court TO receive sentence in that
further commended that the tsSns Of Ss
the discretion OF the judge he ought to place the
prisoner in condition than was in before she
WAS tried She was then indicted for o felony ana ad-
mtted to bail She afterwards tried for the felony
ana only found guilty Of misdemesnor, and If Of
law was not apparent In the Judgment Of the court
low writ Of error would not be granted they contend
ed therefore that in this view Of th prisoner
was entitled to ball. pending the deci.ion In the court
review.
MIR. OGDEN HorTMAN and the DnrRIcr ATTORNEY,
appeared on the part Of the people, and argued that 1t
matter purely In the discretion of the judge to ad
init to bail or not Where party held bail before
conviction the presumption Of law is in favor of in.
nocence until the accused is convicted there hs pri
Is entitled to all the favor that can granted
consistently with the due administration of the law but
after conviction the Is altered there then
ger any doubt Of tho prisoners guilt. The prisoner
this case has been found guilty by jury Of twelve men,
and lets the prisoner out the world again. he
care that in the Judgment record OF the court below
|
| ucimportant point oflsw
Judge EDMoNps said he would adopt in this case the
which was not to take bail and the statute made dis
tinotion between fsones and msdemesnors but there
was another reason why the prisoner ought not to be
admitted TO bail her sentence began to the day 1t
was pronounced and the period for which she
fenced may expire before decision be had In the
supreme Court ON tho writ OF error, in which event
should the judgment Of the court below be affirmed the
sentence would be imperative She must therefore be
remsnded to the custody Of the sheriff.
|
son and Belts amin Wilder others
vs. Edward Chastsnay-Judsmentf for the defendant on
Labsn Jacobs ads. Banohard's Gun Stock Nanufao
tory-Motion for new trial denied. Judgment on the
verdict for plaintiff.
Hogg and Delsmater ads. John r. Emerson-Writ Of
| error refused by Judge Nelson.
Wilder VS. Gaylor-ordsred that defendant keep 40.
count on OATH to be returned and filed quarterly Of the
| amount OF his manufactures
The court then adjourned to the Sd December.
CouRr OF APrsALs, Nov. l5.--Ths Court met At 0
oclock-No 3, Bouchand. Ex'r, &c, appellant
sumsd and finished. No was next called on and ar
gued-judgmsnt reserved. No. WAS afterwards taker
adjourned.
CoURr OF GEsERAL sEss,oNs-Nov. l5-Before Re
eorder Scott, and Aldermen Smith and Meserole Jona
Phillips, Esq Assistant District Attorney Trial TO,
Grand LarcenvAt the opening of the court this
ing sailor BY the Of Thomas Burger was placed
at the bar for trial indictment for grand larceny
in having the Goth Of October last, stolen purse
containing ss4 in gold and silver coin and bank bills
the property Of Andrew Mcfarland passenger In the
ship on board Of which the accused employed as
seaman.
ANDREW McFARLANp on being examined depos ed
that arriving at this port the Of October he
went with the accused to board at house in Peck sp
that In his chest which was fastened with cord
was purse containing eight sovereigns So
BILL and some silver CON- which property stolen
that his hat also taken from his hat box Suspect
Ing Burger OF having stolen the money and hat witness
went in sesfch Of him. and on inquiriDg for him Of
another sailor belonging to the vessel was inform
that his informant showed him purse which he had
taken from Burger and which purse witness identned
| as the one stolen from his Trunk.
HUoH McWiTrY deposed that about 8 O'Clock on The
morning Of the 2st October the prisoner asked him
go ashore and take glass Of liquor witness prisoner
accordingly went too house in Water street together
the course Of few hours the prisoner appeared
very drunk, and unable to take Of himself witness
saw his pursei sndI thought It was not safe there
fore took II from him, with tho intention of taking care
Of 1t until he got sober After walking few steps wit
ness met Mcfarland, who asked him whether he wit
ness had anything Burger and on stating where
he was and exhibiting the purse, mcfarland claimed
Officer Nc DorALp testified to the delivery of the purse
into his possession by McWitty, who informed witness
at the time how he obtained it from the prisoner
half sovereign and 81 bill
The was then submitted to the jury, who found
the accused guilty Of petit larceny only the Court
sentenced him to six months imprisonment in the peni
| Tertiary.
Another trial for Grand Larceny JAS Matthews was
next called to trial charge ofhxving the 2sh Of
August last entered the premises No 2i5 Fulton
broken open trunk and removed therefrom pairs
OF pantaloons four vests two coats and other
worth about $780, belonging to Edwin Harris The pr-
soDer was found guilty Of an attempt tolcommit grand
the State prison for the term Of two years aud I've
months.
Fined for non-aitendance The following named ju-
then fined $25 each for atten during
the - term Of the court, viz: Terence Donnslly,
John Auchincloss, 0arrt Schenck, Samuel Waterbury
John b. Carroll and Jonathan Smith
.another Trial for Grand Larceny james McWliams
Jointly indicted with William Mcwillisms, for grand
larceny in having the 18th Of October stolen from
James Driscoll twenty-five pieces Of gold coin OF the
value OF about $l22, and SIT IN bank bills also silver
| watch two keys, and two handkerchiefs.
JAMES DRIscoLL, ON being examined deposed az fol
| lows:-I am a tailor, aud reside at No. 81 Mulberry
street; on the evening Of the 18th Of Oct last two
friends Of mine from Boston called upon me- and We went
out together for walk and drank somewhat freely
friends left me, and while under the influence of LIQUOR
Twas going past Greenes house heard them dancing
| went In, and drank several times; after renainp,
there for some time, got up &c gosway; Greene took
hold Of me, and made me sit down again; from tina