The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-14


rvsdsd canr swear positively That the lady nov IN
Court e Mrs Lynds; believes was her he saw st Mt
=. riding would not sssss that the lady
e Court posi 10y the ildy lkwsI take It to be tho
h nsa ss .as sG E. .ts g. ssns
the & the ySios ~sa
not like to see towards my wifs. He, In the first
place fixed his hands round her hips. Both
hands were employed was about seven o'clock in the
morning was IN the shrubbsry inside the walk MS
BACK was towards me- and her face towards tha
fetched them both fronts together this was some little
before; did not recognize the man the there
before board the steamer he crossed the ferry
aid not cross the ferry would not know the man now
Cross,sramin.d BY Mr.. o'Coron,--wss examined
the time in an open our-wheesd carriage had taken
ny long sGs0,
seven did not remain to see my wife 20 Of In the boat
m .es
through the gateway ss the siTs along the line Of tho
That lady now in court was the lady saw took no notice
OF her dress thinks 1t was light coored dress; did not
not notice she cap e. shawl SO.gh she
man dressed in a irock coat or body coat a
Mr. o'ooroR.-Now was It not light frock coat he
wore' ''1Ts' +. se+''.F a ~. 'sr -
I wlrsrm- 4 told you before that was not sure
fQ-Was 1t q dark coat or q light coat'
WITNEss-You driving too hard; told you
befors that did not know sse-'a't itf0t -.
Q--But want to know whether you can swear that
was dark coat frock c9st, short tailed coat, or
WIrSnss-I am sending you adrift l tcld you before
Nov, win you tell me Il he had any coat at all.
W!rrEss. In rage to the court -Now, Judge, ths
Know Whether Il coat or boaS Or au lo oos
tailed COAT and he now asks had any coat at ali
qmmoderate roars Of Ian hssr) told him twenty times
CousrI IL is hard to press witness tightly but
you must answer hs question:. NsF
Mr. o'CovoR-I don't like to fall out with you only
want to get an answer to my questions ssl, ~ \ =
WlrshssaI'd like to have talk with you one day
amongst ourselves alons "a then be able 70 speak to
Now, will you tell me what the color Of the
WIrstssAI told you before that did not know.
Q--Was It black or white? tH
hs ocanusd court
latter part Of witness answer( aV4..l
a.Noy psShsp. you could tell did the lady wear
wiTsn;s7i tell YOU asan and again twenty times
hns o. this KIND ses1 s Sogd
newed laughter. y = "
Q-Did she wear . shawl /. "a =, t
O. Wilyoa swear that the lady now in court was the
Wirstss told oubefors that could not swear she
wasi butt suppose It wass 81 49, ~ :. - ). - :
witness upon the CHIEF points sbovs e al
the utmost harity in court sto render it difficult
eaton hia answers The Court adjourned shout four
O'clock and meet again at ten O'clock this forenoon
CoURT-Be1Of0 EQmOu0S.-L
jury rendered verdict 10 this cause for the
plaintiff thereby finding that the defendant guilty
suFgsIos aCounr.--Betore Judge sandfsrd -Mo,-
mouth b. Hart late Shssif SC. Martin Wiard-This
was an action upon bond Of indemnity and tried
BY consent before the judge without jury The bond
WAS executed BY defendant to plaintiff indemnify the
latter against al damage that might arise by reason Of
Lawson Aoyt In favor OF Samuel Parker The goods 70
levied on were rspevisd by ngsrsol and Judgment
in the repevn suit obtained The plaintiff now claimed to
recover Judgment
also the costs he had incurred IN defending al $500 60
The defence was OF. Ajudsmsnt gsinss plaintiff
which had assigned defendant was offered In evil
Op the part OF tho plaintiff 1t ohsctsd that
shs os,% hsss being aPoq bond for the q
verdict was taken for the plaintiff subject the opinion
o. me court IL For plaintiff Msssrs sturtsvant
The Of Mar Giles who indicted for opening lot
ters and abSracting money thersfon is further post
Counterfeit bills which 10 being proceeded with in
tbs court Of Oyer and Term,nsr In Brooklyn.
counterfeit money liked Tor this morning. -
CoMMos Pleas, Oct. la--Befors Judge UlahoeEsr
Henry Az Bsernss gG 4Ssmuet r. 7rdey This was an
action to recover che price OF forty five wafer casks
which the pafntfa alleged he sold 70 defandsnt The
price claimed about Sl4O. The defendant pleaded
brsinnDg Of the year 1876 the United govern
ment chartered from the defendant the chip Orphsus
By the charter psrty defsndantJ bound himself
TO furnish tho vessel with variety Of articles and,
:
20 gallons to be paid at the rate Of cent and
half PER gallon, Tas defendant alleged that he had
contracted with the plaintiff to furnish such number
Of casss woud that quantity Of BY the
3D. Of March. the day which the ship to sail and
that he did not DO &C. having only furnished ,crtyays
defendant had TO purchase casks in other places, ut
a considerable advance, and now sought to recoup
the damages which he had sustained by of thu
plaintiffs breach Of agreement against his claim. On
the other side, the plaintiff proved that the defendant
refused rsceivs than As casks notified
the psiati6 to that effect and insisted that such nota
cation the first contract and was equivalent to
The Jupcs, after explaining the nature Of rscoup-
ment which he said differed from OF in this, that
where pleaded 30 set on asanst The claim q
greater than the adversarys claim then the defend
ant would be entitled to Judgement for the excess; but
where the defendant soug recoup his damages against
the plaintiff claims in tuch CASE he would be entitled
only to sinps verdict in the jury of opin
ION that he had established his case. His Honor then
the testimony said II jury upon
review Of ell the evidence of the opinion that the
receive the casks they ought to for the plaintiff but
IT, the other hand they believed that plaintiff did
he had were enky aud of an interior quality
aud that the defendant incurred and loss by be-
ing Obliged 10 pure aase the balance Of the casks from
verdict Tomorrow, Uhs morning)
CouRr OF GENERAL SESSIONS Before Recorder Scott
and Aldermen Feeks AND Tappan John McKson Esq,
District Attorney ! N Al 'gl Fifi.t ..-f
TriaI for naansiaugher resumed AT the opening Of
the court this morning William Drsco, implsaded with
David Regan WAS placed ut the bar for trial. In
dctment for mansaughter Ia the LIST degree in having
the 9th day Of September aided In the OF the
death Of Timothy Kelley The accused defended
by John Graham Esq. The the part of the pro-
secution was conducted by Jonas B. Phillips, Fsq The
jury, after absence of about ten minutes into
court and rendered verdict Of not guilty The court
then adjourped until Tomorrow morning.
covnr CALsrpAxsioot. IA Circuit Ceurt--Bsfors
Judge Morehonss -The same published yesterday
Before Judge Edwards-Nos 81, lo3 LA, $780, I27 l0o
1877, l43, 1850, l02.
Common Pieas-Part lst--Nos. 100, lI6, 1885, $780, 1872
lS4, l36, %, So 49, Part 2dNos l6I l67 49, 49, III
I79, 80, 85, lU3, l4l tw = .'ftr'
Superior Court--Two Brauchsa--Nos TO- 50, 1la lls,
49, So, lO7 l3, 49, co. 1875 3d. So H. rs, ia 49, I34
1874 l37, l3s, lao, l43, I0i, 80 60, II, 1875, 43.
u Board Of Supervisors.
y. 3s. Alderman Frsnklin in the chaff.
Der. 13-rhe reading Of the minutes OF the last
meeting dispensed with. t.H