The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-06-22


plaintiff who alleges that defendants have prstsd It
made large profits by selling safes manufactured
brought to recover damages The plaintiff had moi
concluded his when the court adjourned For
plaintiff Msssrs Staples; for defendants, Msssrs su
van and O'Conor
SUPERIOR CouRr-In Banco-D ecisions-Ifart, late
Sherfps. MeekU.-Defendant allowed to add plea Of
payment of time when plea Of nil debit fled,
payment Of ST. costs Of opposing motion. Plea to be
filed and served within I'VE days
| Hasbrouck ct. ais ads. Oakley-Order and rule az
before entered in this cause affirmed.
Alliance Mutual Insurance Company ads Erastus
OsgoodMotion to open default denied, with ~ costs
| Norton u.s. Purdy-Judgment for plaintiff for $780,
Rusk ct. al Us. Pan Benscoten-New trial granted;
costs to abide the event.
Watson Us. Jones-Judgment for plaintiff; amount to
be adjusted
Coastoek, plaintiff, in error u.s. Br0wn DEFENDANT in
Bienthen, Plaintiff, in Pan Quest, Defendant
imerror. Judgment reversed.
Parks ads. Kenjan.-Nsw trial granted; costs to
abide event
Nichols implsaded &c. ads. HobsOn.Nsw trial denied
Rogers ads NEUTRALITY-SUSPICIOUS. for new trial, and
arrest Of judgment denied
Harrion Err. ads. Louis et aiMotion for new trial
denied.
The Ulster Iron Company ads. John Frame-Motion
to set aside report denied.
Hogan, plaintiff in error Ropiand, defendant in
Baldwin Us. Naturalization to set aside report de-
MED.
Bu,r.u Us. Acknowledgment for plaintiff.
SGcken ct ais Us. Conroy-Judgment for plaintiff
amount to be adjusted.
G0OdUin ads. Standardization for new trial denied
EIdrdge Us. Stillman-Judgment for plaintiff on the
demurrer the second and third pleas and for the de-
PENDANT the demurrer to the second and third rep
cations to the fifth plea with liberty to both parties to
amend payment OF costs within ten days after notice
| Of this rule
Decisions IN CHArcERY-June 2l-Before Hon Lewis
II. Sandford Vice Chancellor. and Randolph
John f. Rodsan, &c.-Mston for attachment against
defendant, denied with costs.
vs LeOis 7appanMotion for attachment against Dun
bar for violating dscree-denied with costs
A. Bouden Us. NJ Duncan-E. Smack Us. Sumo. c.
Pan .dulen vs Order that defendant pay the I'd
mortgagees costs in the suits on dschargng his lien.
70 S v Ss,ae D. W. w sas
answer In 40 days &c.
Catherine E. Vsrick vs Sarah =. Ro"me & others
Motion to dismiss bill denied with $l2 costs.
Thomas Reeves Sarah Reeues.-Decreefo for divorce
granted; for cause of adultery. 49,,
H. and r. Yelperton ps. H. Sheldon and others:-Bil
dismissed with costs Of the supplemental bill to the de-
fendants-no costs original bill to either party.
CouRr OF OYER AND TERMINEn-Before Judge Ed
Smith for Murder--John Smith, indicted for the
der of Patrick Kelly was this morning put on his trial
ns f Ia. an as was also the 7 %
last they met in store at the Of South street
and Coenties slip and while in the store they had some
thing to drink After they had drank they stood round
the stove and entered into conversation in the
OF which Kelly asked the prisoner whether he had
Brooklyn Kelly used other abusive language after
which they went out and had further words The
deceased drew his fist twice the prisoners
face, but did not strike him; the latter took out his
knife opened it. and held 1t between himself and Kelly
They afterwards clinched and in the clinch, Smith
very deep wound Of which he died in the City Hospi
tai the 3lst Of March. The defence that Kelly
the aggressor and apoweru man. and that prisoner
only acted in The jury after hearing the
charge from the court found the prisoner guilty Of man
slaughter in the third degree The District Attorney
conducted the cause the part Of the people; and
Messrs. McAdam and Clark conducted the defence.
CouRr OF CoMmoN Pleas June al.-Before Judge
Day.-.alerander M Bruen Us. Wm. W Chester.
ncfio Inf for dat
the 25th Of September ls45 drawn by John s. Taylor
defendant and payable three months after date and
plaintiff at las Nassau street The defence is that it
was discounted by plaintiff as the agent Of the
s OF tho atr sne I'm S
and dcouned notes contrary to Of the statutes Of
this State, and paid in their own notes Adjourned
For plaintiff Messrs Hall and Everts; for defendant,
Messrs. Holden, Cowes and J. Brady.
CouRT GENERAL SESSIONS, June 2l.--Before Re-
corder Scott. and Aldermen Adams and Gimartin.-
els B. Cutting Esq, for the prosecution. -TriaI for
False Pretences-At the opening Of the court, this
on an Indictment for having on Che a7th Of April last
by false and fraudulent representations obtained the
sum Of Sl, from German emigrsnt named Carl Claus
CARL CLAUS being examined. deposed as follows
here the Oath Of April from Antwerp intend
ed to go from this place to Tayorsvile Muskngum Co,
Ohio; stopped at swartzs boarding house, in Wash
ington street Mr.. Brischs clerk came to that house
and asked me where wanted to go. told him wished
to 20 Taylorsvile, Muskingum Co. Ohio. then asked
him what it would cost; he said he did not know, but
would go to the office and find out He returned, and
said would cost $l2 and that Taylorsve was not in
Ohio but in Spencer Co., Kentucky. Some maps were
then examined and It found that Taylorsvie was in
Muskingum Co.. Ohio, by the same clerk; had bought
my ticket but when found that Tayorsville, Ohio was
not far Taylorsvle KY, asked him II he would
not make deduction; he said he would make deduc-
house, the second ticket was given to me in Brischs
ofce the Office is in Washington street. The ticket
shown Is the second one the nrst was torn up by
the clerk; the ticket was endorsed Tayorsvile Ohio
but the face Of 1t only receipt to take to Pitts
burg The list of prices for passage shown, was
Society.
FREpERIcx STALKER sworn-I agent for Hal
Fulton street.-the first time saw the complainant was
the 27th of April at the German Society Office; he
then showed me his ticket then went with MIN MN, to
ct to Brsch and asked him II he had obtained $2 for
aud he received only eeven asked him he knew that
the ticket would only take Claus to Pttsburg he said
when was only good for pittsburg and he told Claus
it good for Tsyorsville he said 1t Of my
business The fare from New York to Pittsburg for emf
grants Is 81 %.
HALMoN BoGER sworn-I am President of the Ger
man Society; know the complainant first saw him
on the 9th April Mt the committee Of the above
society," at No. 81 Greenwich street; had
sation with Brsch about the ticket; showed him the
ticket and asked him if it was of his he said yes
asked him how far would carry he said to Pitts
burg
| GEoRoE C. GLEIsoN, sworn.--I am a member of the
German Society," in the latter part Of April met Mr.
Brisch in Greenwich street. Albany street; Mr. b.
ger asked Mr. Brisch how far the ticket good for
he said to Pittsburgh; Mr. Stalker and Mr. Boyer
with when met him.
At this stage of the trial. the Court adjourned till to-
| morrow morning
Courr CALENDAR Circuit Court26 a. SO, Al to 100
inclusive Superior Court-42. 55, 3D. So, Ga s. 81 81
40, g. g. CO. IL "a 49, o. a. 3d. TO- IT, a. 81 45 to SO
a. 81, Ia. Common Pleas, Part III, T. H. is, IL 81
IS, 81, 90 80 Part 222, 90 a. 49, 49, 30, 49, a. 3l2
| SO, 80, 40, ~, A.
The Presidents Tour
From the Washington Union, June 1911
We understand that the President Of the United Stat
will leave this city Tuesday next, short tour to
the north. He will learn, be accompanied by Mr.
Clifford the Attorney General and should the state
the public business permit it, Mr. Buchanan the Secre