The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-25


lent repre- ssntations warrant issued for the
rest of Sherard to answer the charge.
Law Intelligence.
SUPERIOR Counr sept "a Before the Chief Justice
C d W. Lrtiiendahf vs. B1row and Pri0r.-This was
action Of assumst growing ont Of the following cir
chants in this city. received from StonDgtop Conn,
lot Of whalebone to be sold on commission The plain.
t called at the defendants store and purchased 1t at
SAX cents per pound for shipment to Bremen The
by the defendants to contain 1893
bundles and 70 weigh 2aGoS ios IL was next given ;,
in which It to be- sent Bremen. In order to put
the proper marks and numbers IT, 80 that 1t might BIZ
sent his clerk to mark and it weighed After tbs
weighing finished it turned out there were but ls7
bundles and was short in weight 1857 lbs On delivery
the of the ship which transport to Bremen
it also counted by him. and found to contain only
1877 bundles These facts were reported to the plaintiff
who afterwards met called upon Of the de-
fendants, and told him there both in the
number Of bundles and 10 the weight and he wished to
have the matter inquired into before the left port
The latter replied that though there might be
error the number of bundles the weight all right
Outstanding the plaintiff paid the price of the whsebone
and the proceeded her voyage Upon her arrival
at the port Of Bremen It was again counted and weigh
short weight 1856 lbs the defendants then ap
piled to to refund the differences but they refused and
the action brought to recover the value Of 1855
lbs at SAX cents per To- When tie plaintiff closed his
evidence, the defendants counsel moved for nonsut
on the ground that the plaintiff had made voluntary
payment with full notice the error that tho defend
Maid over the nroceeda To their nrincpa and
ought not now to be called on to refund out their
money. The motion for nonsut was denied and de.
fndants ordered To 90 into their defenca The defence
mostly technicalexcept that evidence given that
the fact that whalsbone Is mostly slowed with the oil
that for the preservation Of the oil in southern a
it Is necessary to keep the casks continually wet
ouantitv OF the water that plaintiff ex amued the ar
Gle at the store before made tho purchase
and that he WAS cognizant facts and bought
little below the market price; that was weighed by
man of great experiences and that plaintiffs clerk
present and every pound of it weighed The weigh
master was produced, and that the weight was
correct but would not answer Tor the number OF bun
dies Other witnesses were 10 snow tnat the
ton The Judge reserved the question OF law and told
jury they believed that the weight was incorrect
they should End for the plaintiff, making deduction for
the evaporation Verdict for plaintiff, 1858 49, For
plaintiff Messrs. Cutting & Willard; for defendant
Messrs. j. P Hall & Livingston
% Uo ss
erdsy before ths Judge and after Mrs Burds return
~ sno d;m,nsd The rstnrn stated she Mrs Bmrdsln
e' siy IN; IN Cb.nceru for divorce mon wbich IN
n 80 ~ d tb.t h.r In hand shouId allow h.r .i;
oruea "A d Iso That shs shonIa hav. tn csrs ~ IT,
nh;iSn Her counsel therefore, insist the cas-. was
'e' JN'''''' 49,, 90 s G.. -. - r,
COURT or s $1,000 Snce eP' - noSd ,ann
coraer scott ana Ma,rmsn sponofa anu Dooo '0hn
Mckeon Esq District attorney.
T'ia! for Bm,story, resumsoLAt Inc opening OF the
court TINS morning the lai Oh hugn ononan lor Dur
glary In the th'rd degree was resumed anu the test
mony continued on Inc part OF the Defence.
ISAAC SMITH sworn nave KNOWN .ns prison 9.a
or 70 years hsso hu ouou-ea W., s. WV"
him never knew any mug asans. I've os. soo .s Al.
GEohcE DEnNIs'oS rwvInn a In ooIueoSeI r VIII ..e
police OF luis Guy n ha.S v,hn pan;nst b;s nn
Der OF years ne,el no"Au ""J'"'is "s"''' AA' '""
actrr until TINS cnaIse 60. ~. ,.e.,. r., Lava. Al
Inc Isee "ae su .S ~ ~ ~. 1850" ey e. a
omitn' Esy ouu W VIZ ~. o PA
cuuon ne vsso wac .ns sJ 'i. -. S ;,. Wv
ater o'iei ao'0 me- onu. ~ $3.50 i ey' T.,
1'dHa 1",y ~. "a e,.SS 49, S., 80
anu Huuouuou 10 Soy 80 .nSa,,nnr 49, 49,
1iscnarsTu Iul ~. .h s.a, 49, III .rand I"rs nav
Cour. us .'o p ,Ss.ss 70 a ,;aas;ssaS 10 CON-,
iounu 90 o''A' Va '' ~
pi"lnIs pI u,..n,, - n m,or Cosgrove this
'1'res.ea or . ae W. T. h., Er.ncis Knewlss and
s,eer no0H 1885, r,rta ~ hsnch warrant Issued
ueo ots , @ ~ ,rd;ctm.ot for conspiracv to de-
oy ne oou. VI -. % Inhn n, Ir,.n out of a trunk
.a ... nsnnar,n ,~orth SIbO on the 18th of Sent
$50. -.ra Economically held tn hail 10
ny sov ,t 49, &c. ~
" %s ~ Mc,,sn Uar,-The District ATTORNEY then
sttsS that in conseouence Of the grand jury having
$500 Iii, IF ;nd;cn,.nt for hioanv aOsipst Narti5
had sen tina case 70 the Court OF Sessions for dis
posa he therefore called for the arrsignment of Hare
whersupon James I. Brady, Esq, counsel for the &C.
cused moved to have the indictment strick from the
files Of the court, several grounds which he argued
great length the principal OF which that the
| grand jury had no Jurisdiction In the case while
1t pending before Judge Edmonds, who
interference Of the Grand Jury. and that had mot
writ Of hdbs0s corpus been issued by Justice Osborne
who had committed the accused for examination would
have proceeded With his investigation, and II the COM
plant against the latter should be dismissed the Grand
Jury would have had no right to take up and consider
the matter AS 1t WAS Judge Edmonds became the ex'
his decision and il was his (AIr ,D intention that