New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-21
Law Courts.


on suspicion OF stealing calico Detained LOT exaihins
ton.
Law Courts.
ytcrCaAScRILoR's CoURr-Before Vce-Chancel'
lor Sanford ID cisions in Divorce. John
Fayley against Mdr1dyd Ann Fdrey.-Ihe complainant
stated that some little time after his marriage TO defend
ant abe abandoned hun He then ascertained that she
had previously been married to James q. Williams
who obtained divorce from her ON the ground oil Inn
delty and although the divorce as In such cases pro
yded by law left said Williams free 10 marry again, 1t
stu considered her married woman incapable oil mar
ryins again while the said Williams lyed-that ne was
living at the time OF her marriage TO said Farley me
com plansnt who now asks that his marriage be die
solved Decree that the marriage between said John
spdMsrgsret Ann Is declared null and void by
of the said Margaret Ann being married woman when
G-ygiana Kseler against Slas ". Keeler-Application
for divorce from bed and board the ground of sbsn
donment The complainant stated that tney were mar
ried In and sometime aterward 70
that their furniture here taken Tor rent
after which they furnished lodgings, but finally
her husband sen her home again 10 her fathers where
she now H. and he wholly neglects TO provide for her
The viceC Chancellor thought the Abandonment sufh.
cen,y made out TO justify the proceeding Decree Of
divorce from defendants bed and board on the ground
Of abandonment
,Sryah M Prot against Rras.us w. Prar--Tbe parties
ware married at East Hsddam and have three little
children Decree Of divorce the ground OF lnndety
Of tho defendant with costs complainant 70 nave The
care and custody of their children and to be at liberty
Rd,sxnd b 7tt,s against Eliza Tatte-Were mar
redst New.York in 1896, have had four children two
stl living Decree oil divorce ON the ground OF mn
delily o.. defendant.
ElabstA Ann Katr against +. A. Kut;, Jr.-A similar
decree In all respects as in the case OF Pratt
Elizabeth Kringe against Henry kriHge-DNorce on
the ground Of inhdelity with costs complainant may
apply for alimony
Saily Ann Jones against Bn. C. JonesA divorce had
been allowed ans motion made for almony. The mas
ter reported that defendant Is doing good business
fancy goods dealer and recommends that complainant
be allowed $500 per year. Order accordingly.
hfcria Lent against A. Lent Jr-Ahmony OF - per
week had been ordered for support OF complainant ana
child Defendant refuses TO pay ON the ground oil ina
by and an attachment Is asked for to arrest MS per
SON Motion for attachment granted
otber s-Moses Dodd We John Jdoob
Aor-Dspute relative to renewals OF lease OF houses
Nos 10 Mcbouga and L. 6 and Vsndewater ste b1ilt
by Mr. d. for Mr. in 1874 Motion Tor leave 70 amend
bin denied and order to stay proceedings discharged
Johs Bronze vs.. Silas f. dnes.-Order staying Z. IL.
oodngs action at law against the receiver Leave Tor
him TO lay his claim before master VINO VIII examine
and repor, thereon All other questions and directions
John Faloonr and Others VS. NJ F. aud r. R. Freeman -
Motion to dissolve injunction denied Compartments
costs TO be costs In the cause
yehn Dsnkin vs.. J. LdrTence-Moton to dissolve in
junction for irregusrity, &c denied with " costs
~ A Spencer VS. NJ Marks and othus-Complsinent
waving motion to take answer from the MES otoeteu
costs to either party.
Joseph a. Gilbetvs " Cubb1y, J. w. Hoard and others
Order proconfesso against Hoard se aside, without
coss to either party Defendant to be- at liberty to de-
muir TO the bill, To answer IL emitting the demurring
clause.
C0rnelias NJ Bishop vs. Isaac p. Smith and Others in
junction dissolved as 10 Cooke Mesck and Wilcox, for
omission 10 serve bill with g. costs 10 each solicitor
Motion of trustees dissolve injunction bill and
aver granted Their costs TO be costs In the cause
Catherine SmitA vs. Michael Connolly and Others -Peu-
ton of T. Edmonds denied with $l2 costs 20 complain
ant and IS costs TO Wsdde and order TO stay proceed
tnes discharged without prejudice to petitioners legal
or equitable rights against the parties.
I'm -
plcauon on behalf of grand child OF the late Mr. J.
Tornee to be secured her legacy during litigation oil
the will &c. Ordered that the Trustees be made par
ties 10 the sut reference TO Master and receiver al
lowed ION reporO to the her father may make
application as to his right her custody the motion ON
the part OF the widow ihe defendsn Tor receiver de-
MED.
In the matter of the Jackson Marine Ias Co, petition
for receiver granted &c because OF the suspension for
more than year OF the ordinary business OF the cor
porstiou. . ,
Cousr or orKn AND TKRslISxn-Mondsy, April 20,
lstI--Beiore Judge Edmonds and Aldermen Messeroe
and Compton
TYial for Manslaa9hier-Crn elius NdhOay, rather
respectable looking native OF ireland was placed
upon trial for causing the death OF EdAdrd DoHordH on
the evening of the 9th February.
Catisrias Kelly testified TO living with Mr.. and Mrs
Donovan at 343t waterst Mr.. Mshony, the prisoner,
wa friend OF his and resided in Bstavisst on the
dav alluded to- MahoDy observed Donovan in grocery
treating some be had in bis pocket draft for
eight soveregns which be had just bought osend to Ire
land Mshony afraid he would lose II and brought
mir, nome the parties were at Donovan's house to-
sether about or O'Clock IN the evening ootn very
drunk; Donovan and his wife had a few words and D.
boxed Der ears twice; he said he would kili nis VIE
that night II he had to go 10 States Prison Tor IL ten
years he was then In the back basement ana Mahohy
10 the front Mshony asked him II what be SAID about
killing his wife from his heart he said II dd Ma
hony said. will not let you do IT, aud advanced toward
Dosoysn who met him, and they clinched and TELL Don
ovsn under hshony then struck him with his knee ana
also blows with his lists in the stomach and sides
Mahony then got up and went into the street and Dono
van chased him and threw black bottle after him
but did not strike him; Donovan returned to the house
asked bis wife 10 be sent for and went 10 bed doctor
vas called ID much injured. and died three DAYS
afterwsrd the deceased was very qoArrelsome
had been less sick all Winter, and drunk for
nearly the whole week before the difficulty Nshony
was . pescesble man. friend OF Donovan, and was
more sorry for him than any one else
Dr. WslAs-sQ testified 10 having been called on TO al
tend deceased and also made postmortem eSsmins
don There was oruise as OF kek ON the lower par
Of nj, person portion OF which wss forced into the
ip,stnes and one Of the small intesunes was rupurcd
There was much swelling and Inflammation
state r,cnt made by Donovan previous to his desIh
vas admitted In evidence after OBJECTIONS and Neu
,,.n, from Mr. Warner who contenced that as the de
ceased was drunk al the time Of the difficulty he could
not state what really had occurred The Court sdmt
It'd IL the Jury being at liberty TO give II suen "eso.
they might think IL was entitled to Donovan Ia Thai
statement said tina, Mahony was 81 bis house on tues
day evening Feb g thst be struck hun down IN ms
room. and then kicked him and jumped upon DIN Win
his knees; very much hurt &c
The rested. The Court considered that II came
under the act of excusablc homicide, the section
which says done by accident, misfortune, In the
heat passion and upon any sudden and sufficient pro
vocation or upon sudden combat without sny unususl
advantage and without any dangerous weapon being
used and no. done 10 acruel and unusual manner"
Mr. Mckeon. District Attorney, objected. lie thought
the conduct of the prisoner bad been cruel that would
,et bad example thus to let case ot the kind into
the world He thought under the lowest degree
Of mauslsughter, where some punishment however
liybt II might BE- could be awarded
The Court thought there was no real testimony to
ho The Injuries had been caused by prisoner except
fro, secss.ed himself and bic situation At the time must
be taken into view as the other hand must be also
~ N.bonv IN wife sfter DOnO