The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-25

conducted himself In manner 40 extraordinsrv thst
no'nnpg oas madness madness could account for excuse
IL esio that Nj Guixot had been for some time
aware Of the suspicious nature his conduct and had
h n you ten days since resolved Q.
of Turin"
Law Intelligence.
surERioH CouRT-ln BASso-Dec. 2a-Deeisisns-
Andrew ct al administrators, Adam smith-Motiou to
set aside report of referee denied plaintiff viii deduct
from the report the Gums paid to Gone, sliey and
sorting counts alleging promises by the defendants
Administrator and pay the costs OF the motion
Ss ths Sop rule to b
ads Ed ward h. Mathews Judgment for plaintiff on
demurrer TO the declaration, with leave to defendant to
plead payment OF costs In ten after service Of
copy Of this rule Hone ct al Receivers the Mutual
Safety Insurance. Company-Judgmept for plaintiff for
Appleby-Judgmsnt for plaintiff. Merchants Mutua
Insurance Company Va De Pugs-Motion for tria
denied The same Va John b. Rey-N-w trial granted (;
costs TO abide the event of suit Leeds adsm the Mer
chants Mutual Insurance Company-Mo'ion for
trial denied Hone vt ais Receivers, Gault judy
ment for plaintiffs The sam. VS. smith ct aIs-Juds-
ment for plaintiff, The sans VS. Folger-Judgmsn
adsm Hone ct al Recommendation for new trial de.
MED Hone ct al, Receivers, Balln ct al judy
ment for plaintiffs Ireland vs. Observation-Disclosures TO
| die.
| MARISE CouRr Dec. 24-Befors Judge Waterman -
William pdt James NJ Buyer This was an action
for assault and battery The piaintin was a hand on
board one Of the Liverpool packet ships and the de-
pool While IN. FORE tas yoy.gs from LsI
exceptions to the plaintiffs mode Of working; said he
wa: damned slow fellow the pl.inua rsphsd tn. yard
was foul, and he could not go quicker the defend
ant then called out to the second mate to jump him
down the second mate ordered him on deck afisr he
him by the neck knocked him put his knee on his
breast, and kicked him In the side 1t also proved
that he afterwards struck him with rope that he
carried from the main deck to the saloon state
OF insensbility and was examined by the doctor who
was OF opinion at the time that Of his ribs was
broken hut 1t turned out that h. mistaken was
not however able to return to his duty for four
The defence was that the psnn violated the etiquette
OF the ship in not replying to the In respectful
language and that after coming down from the rigging,
he made use OF very and insulting to the
defendant that in the excitement Of the moment the
mate struck him The judge charged that the captain
supreme his officers aud subordnstes and the on
GERS have no right, at any time any circum-
sn no Is on board Gac any
dsrespectful language the duty Of the officer Is bring
him before the captain and II he determine: to punish
him he Is to call all hands aft end nict punishmsnt
him In presence Of the In regard to the duty Of
sailors they are bound to yield implicit obedienos to
the lawful orders OF their officers 1t is not allowable In
sailor to insulting language to his officer and
when he does so he Is liable to be punished II this mate
be the duty of the captain doubt he would have
performed it, to punish the plaintiff The Judge then
called the attention of the jury the evidence and left
it them say whether expression said be
by the plaintiff justified the mate In the he took
Henry Allen vs. Thomas b. c, opper and James M
Bryer.Ths action for assault and battery and
falss imprisonment, brought against Captain Chopper
and Dryer 1t was tried by the Judge Without jury,
and he gave judgment for the defendants t
to him, from the testimony that the plaintiff was In
fault
Cmourr CouRr, Dec. 24-Before Judge Edmonds-
John Doe Richard RoeThe trial Of the fsgned Issue
commenced yesterday, in relation to the will OF Hannah
Mozsr was concluded when the Court adjourned
To morrow, being Christmas day, the Court will be
In re Madam RestaH-Justce Jones has reserved his
decisions on the two applications made in this case
| until Monday next.
CoURT or GENERAL SESSIONS, Dec 2lth-Bsfore Re-
m md CrOli GS~-
tencsdRobert Patterson convicted Of an assaut and
battery on DR. Reynolds, was ordered to pay fac Of
Soo washington r.. Jackson for assault and bat
terry on Henry Vultee, ordered to pay nns Of 50
| T'rai for M,demeanor.-R Robert Farlow was then
placed At the bar for trial for msdemeanor having
ON the ard day OF December ndscsny exposed his per-
son In the streets The jury found the guilty
Inc Court, on promise Of future good behavior, sus
Trial for Grand La,e.ny-James Derrick was then
called to trial In dictmeDt for grand larceny
having stolen set OF sails e,tmate to be worth $780,
| irom lighter, the property OF Stephen Warning The
Jury found tn. accused guilty of petit larceny only
ana recommended him 10 mercy, whsreupon the Court
suspended judgment in his also The Court then
ADJOURNED until to morrow morning
SUPREME CouRr OF the usi1 Ed STATES. Dec %, 1887
Orlando Kellogg EtQ Of New York was admitted an
alto rney ana counsellor Of this court. No George
smith plaintiff In error, VS. VIM. Turner, health oonn
| missioner So Tbs argument of this conou-
ded oy Mr. webster for the plaintiff In Adjourn
| ed till tomorrow, II o'clock
An Employee on Railroad has The same claim on
ne Company, he SUFFER- an injury. as a PassenP~-
SUPREME JUDICIAL CoUnr Jeremiah Hayes s thsWtst-
EN- Ra"road Co for an Injury received In consequence
OF alleged cartessness and the part OF the
| company. The plaintiff WAS a brakeman ein ployed on
the road On Thanksgiving day 1874 four trains each
with 20 or 30 heavily laden cars, out of Wor
| oester. Hayes was a brakeman the third trgin
The second train went out hand short the con-
ductor, who ought to have been the rear car was
not there II he had been, he could have set up the
brakes and stopped the train When about four miles
out Of Worcester, and while ascending q sharp grade
the sixth car from the OF the second train gave
out without any apparent cause and the whole six run
back upon the third train smashing II up and rjurng
Hayes so much that he has lost the OF his lef arm
and Is permanently untitled for labor In charging the
jury, Judge Wilde ruled that the company were not
charseabe for the unsoundness Of the unless notice
had been brought home upon them that inasmuoh ss
Hayes was In the employ of the company he could not
hold them liable for the neglect carslesners Of the
oonauctor ia not being on the that the
fact OF being short handed the ira In was imm
II the number on were sufficient to have stopped the
detached cars they had been upon them Verdict for
the defendants. +. w. Sawyer aud ID. II Dustin, for
the plaintiff Nd B r Curtis and Ansel Phelps for the
DISQUALIFICATION Post, December l5.
Police Intelligence.
a Burglar Caught in The .aet.-As Sergeant Fowler
one Of the watchtul guardians OF the 9th ward was
going his rounds on Thursday night, at least about