The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-12
Police Intelligence.

Police Intelligence.
Charge of Grand Larceny Officer Hawke, Of the
eth ward, arrested "Wednesday night, man calling
h,mssr 1oh1 , sss smith on charge o. steal
wearing apparel valued ut $4s the property OF Ralph
H. Pratt Of the Of said boat The trunk
found in the possession of the accused and Justice
Osborne locked him up for trial
Charge Of Stealing a Coat.-Ofacer Langdon, Of the
4th ward, arrested yesterday called Thos. White,
charge of stealing at worth $40, belonging
to James McGregor Locked up for trial by Justice Os.
borne
Dishonest Servants-Ohacer McFarlin, of the 18th
ward arrived in the city last evening" from New Jersey
having in custody woman by the of Ann c. ALI
son. whom he arrested on u warrant issued by Justice
Ketcham wherein stands charged with having stolen
from her employer Mrs Mary Morrogh, residing at No.
silver plated dshes valued in all at 5000 the
property was found at sivys shop, in East Broad
way where it had been deposited by the accused JUS
tcs Ketcham committed her for trial
Stealing Flour Officer Crosett, of the lower police,
son. warrant issued by Justice Osborne, wherein he
stands charged with having stolen six barrels Of -four
cosnties slip part Of the aour was recovered and
the accused detained for further examination.
Law Intelligence.
cordsr Scott, and Aldermen Feeks and Tappan
Case Of Madame ResteH.-At the opening Of court
this morning, Madame Restell brought in for
tence when Mr. Graham rendered the various exceptions
which he had taken during the progress of the trial. TO-
lions to the Recorders charge for the court to sign and
seal Inc District Attorney addressed me court against
of the Recorders charge as well as the testimony Of
certain witnesses The court declined sign ns the
having had an opportunity to examine them The Dis
ric Attorney then repeated his motion that the court
moved for arrest of Judgment but at the
time intimated that he would WITHDRAW his mo-
fer sendpg the accused to the Island for twenty four
hours The court refused making order in favor OF
OBTAINING the accused at the Tombs; whereupon MIR.
Graham pressed his motion for arrest Of judgment
proposed argue the motion; but subsequently in
timated that the arrangements which had been made
between the counsel had been and therefore he
should longer consider them binding in any respect
and would, on that account withdraw his motion Tor
arrest of Judgment at the same time stating that he
wished the to understand that he denied all fur
ther jurisdiction of the in the mater The court
doubling whether the members thereof could again
meet for the purpose Of passing sentence should they
| separate and n new organization take place, pro-
concerned by sentencing Madame Reste to one years
imprisonment in the penitentiary, ut Blackweps
Island that being the extent Of the punishment pre-
Brady, before leaving the room intimated that they
should ask nothing further Of the court relation to
| this matter. Shortly afterwards the before named
counsel for the defence made application to Judge
Edmonds for writ Of error and stay of execution which
granted, anu tomorrow Madame Restell will be
taken before Judge Edmonds, writ Of hobeas
pu and probably be admitted to bail pending the &C
tion of the Supreme Court the exceptions taken
the course of the The trials of prison will be
commenced tomorrow morning. until when the court
then adjourned.
SUPREME CovRr, Nov. ll-specisl Term-Befors Judge
Edwards Motion for a Mandamus-7ns People, at the
seiaton Of Paul Nieury The Justices Of The Supe-
flor Court Of the city Of New York-Adam D. Logan,
Esq counsel for the relator moved the court this
morning for alternative msndamus be directed to
the Judges Of the Superior Court upon papers contain
In June last, action of trover brought by
Bryan O'HAra against the reator, to recover $4,000
by o'ara to be his property and to be converted by
Neury The latter was arrested and special bail
$4,000 On the 3lst of July the defendants attorney
ruled the plaintiff to declare and served notice of his
having entered the rule his attorney. The plaintiff
having declared within the time prescribed the de-
PENDANTS attorney entered judgment Of discon-
,inuance In the month of August, the plaintiffs attor
ney obtained order 1T chambers from Judge Oakley
which set aside the judgment of discontinuance and
extended the time for plaintiff to declare Defendants
attorney appealed from this order to the full court and
upon debate the order at chambers affirmed and
order made for further extension Of time to de
clare, aad directing the defendant to lodge with the
clerk Of the court the pagories pronssory notes
On the Sd instant the defendants attorney caused
record Of the judgment of dsconnusnce to be drawn
and presented in open court to Mr. Justice sanford
for his signature but which the Justice refused to sign
Soon after wards the plaintiffs attorney fled his declara
attorney On the sth Instant the at,orns,
served notice on plaintiffs attorney stating that In as
scrbed by the STATURE the defendants judgment Of dis
continuance perfect and he would not receive ia
notice of any declaration he might le in tn.
cause The preliminary motions In the Superior Cour
very hotlv contested by the
both saesMr Logan, on the part of the deen daot
insisting that great injustice being his
by the procrastinaton of the proceedings he being
perfect stranger in this country, and having been
long ago as June last held to bail the sum Of 900
that put to great expense and inconvenience IL
finding bail and being detained in this city SINCE during
which time the plaintiff took steps to expedite tn.
He, moreover commended that the statute made
II imperative the plaintiff to declare before the
the term next after the return of the writ ana left
discretion with the Judges to extend or enlarge
the for the accommodation of the plaintiff Or
the other side, it was stated by Mr.. Ssdgwick that
doth parties are Of ONE Of f. the hue Vest nd
slands) would be as great hardship to force him
trial without any preparation That upon the com
mencement Of the proceedings in this Court Mr.. OHar
had written to his agent in the West Indies for papers
and other information to enable him, Mr. Sedgwick t
prepare the declaration snd proceed eectuay with th
cause; that he had up that time received
to that communication and 1t would be impossible To-
him to prepare the declaration until that information
was received He further conttnied that the statut
power to the Judges and that in IN
present case they exercised sound discretion In no
forcing the plaintiff to declare The question to be de
cided Is Important to suors and the members OF tn
bari the construction to be given the statute will de
the Court In like In future. The motion made
enpate The Judge took the papers and said he woulc
give his decision to morrow, (this) morning
CouRr OF APPEALS The Court met yesterday mornin
alto O'Clock No D. Frazer ct al appellants, vs. Western
ct al respondents, resumed and the argument con
acknowledgement reserved. No. l. A reserved cause
Rowland, appellant Ayres ct al respondents, wa
then taken up MIR. Manning opened for the plaintiff il
error. Before he closed his argument the court ad
journed
SUPREME CouRr.--Present Justices Hurbut, McCoul
and Mason No. 81 De Peyster ct al Is Wims, wa
called and argued, the part OF the plaintiff b.
T.. H. Owen, and by Daniel Lord for the defendant
COMMON PLEAs-Nov. ii Before Judge Ulshoefer-
.7rchibaid Cochrane Us. Shatc and .arrocsuth -Thi
action to recover 5000 borrowed money Thu
defence that defendants held note of the plaintiff
and that when 1t became due th,y applied the loan Il
payment Of 1t. Verdict for plaintiff for the amour
| claimed
Before Judge Daly-Sauage l.. Bishop Us. Hogan an.
Murphy This was action to recover damages for al
alleged trespass committed by defendants on plaintiff
premises. The plaintiff leased premises in the uppe
part Of the city from the defendants one Of Them
appeared they wished to make in III,
rear and applied to the PLAINTIFF tor permission the lat