The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-22


sgYr. q. -MARIsE CousT-Bsfors Judge Waterbury.
-Wm. Rosster and Robert Vande,oatsr Frederick
the sum OF SIS &c. balance Of freight dockage, demur
age &c., alleged to be due by defendants to the plain
tina to which the defendant pleaded the general issue
Oswego canal one called the Oswego Chief, and the
other the Trenton That In June last they received on
board the Oswsgo Chief cargo Of wheat consisting of
2o2o BUSHELS and at the same time or shortly after,
sno.ser cargo consisting Of 24lo bushels was put ON
the Trenton for transportation to this city Both
Segoes were consigned to the defendant and de-
vsred In due course at the Atlantic dock In Brooklyn
oy ms orders II also appeared that the wheat
w.ghed in balance the rate OF % bushels at tim
Inc wheat WAS here delivered by measurement is
wesneo nall bushel out OF every So which equals
one ou mel out ofevsry hundred and then averaged
ninety nine bushels by the bushel they weighed. BY
wheat tell short bushels and The i.snsst
the balances Oft freight Aust the alleged loss I'M,
oosnss oontsnSos s the plain
arose in consequence Of not weighing the wheat
In the same manner it put on board at Soswsgo.
Inc defence set up was custom Two Witnesses grain
measurers called the part of the and
proved that In the absence CT agreement to weigh
wheat between the consgner ann the shipper
no necessity to weigh it, the uniform custom the last
thirty years has been to In the absence an
agreement to weigh. Mr. Ketcham one Of the witness.
said he had purchased paid 600 bushels un
der that system OF measurement; they admitted how
ever on their that the
way OF getting ct the quantity by weight, and
OF them stated that great might be committed by
the thovslers and strikers in measuring grain. The
the grain being the proper method to determine the
quantity The system Of measurement conducive to
ment for the plaintiff $50 80 Counsel for plaintiff Mr.
Norton.
Ths principle decided In this cause Is Of great import
ance TO all persons connected with the grain trade The
question whether on delivering grain in this city
had been long mooted point; this decision however
sets the matter at will be seen that In future
the quantity ograin shipped here from either the
nr afSujaa h.
weight only We regret could not give the case
more In detail as considerable learning and research
were displayed by the gentlemen who conducted the do
fence the various questions that arose in the
Of the trial.-REPoRrER
CoURr OF GENERAL SESSIONS Sept. 2l-Before Re-
corder Scott and Aldermen Spofiord and Dodd-John
Mckeon, Esq District Attorney Case of Madam Res
teH-At the opening Of the court, this morning. the
case Of Madame Reste called for trial. by the Dis
trict Attorney James T. Brady, counsel for the de-
fence requested posponement of the tra Of the cause
on the ground that there not q pannsl of Jurors
names In Inc box that was Gaze which had created
doubt whether jury could be found in the county
try the cause That two material witnesses absent
aud further that sufficient time had elapsed since
the entering of the for the accused tes
mony for her defence. Afidavts then made set
ting forth the above facts The District Attorney
piled and pressed upon the court the necessity for the
immediate trial Of the The motion of the District
Attorney was overruled by the court and the trial
RecognirGnces Fo,feitrd-Chsrles w. Rhoades, in
dcted tor burglary in the I'd degree and who
CuarBeu CUSTODY on Cnarlo5 Brown becoming DIS
surety, failing to appear being called upon for trial
bis recognizances forfeited and ordered to be
secuted.
Pleaded G,ilty.-A lad by the Of Patrick Plum
ket indicted for grand larceny In having watch
worth 500 pleaded guilty to the charge whereupon the
court consigned him to the House Of Refuge No
being ready for trial. the court adjourned until TO-
row morning
CouRr OF APPEALS, Sept 2O.-No. %. Henry ct al
pn In error, vs. Bank of Salina defts. In error MIR
w Hough concluded his opening argument for plain.
tifs In error Mr. g. F. Comstock concluded the open.
ing argument for defendants in error Mr. NJ Hill
closed ON the same side, and Mr.. Hough closed for
plaintiffs In error. No. %. LOOMS plaintiff in error
vs.. Monroe defendant in Called and reserved
motion Of N Hi Jr., for defendant in error. No "a
Danks, plaintiff in error Quackenbush defendant in
error. Mr.. A Taber commenced the opening argument
for plaintiff in error.
Counr CALErDAns.-C Circuit Court-This day, befor,
Judge Edwardg-Nos to 81, 80 to as. Super tor Cour
This day-Nos a. SO, So 81, lOl l07, 49, AS So, II
49, 90 s2 1875 l26 l27 lls 100, $780, 1871 1872 1873, 1874
1885, 1885, 49, 1885, 1885, lao AL l42 49, 44 las lac LAT
lIs' l4s 100 lSl 52 This Court holds two branches
one by Judge Oakley and the other by Judge Sanford
Common Pleas-This day-Before Ulsbos ffer-Nos. 81
50, 80, $685. 81, 49, 80, 40, Al a. 43, A. 49, II, 49,
4