The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-11


Law 1nlell1genoe.
u. 8. DIsTRIcT CouRr, Aug lo-Beiore Judge Belts
IA p. Dodge eds .ane. Ho!mss-rhis vss sn appeal,
the ibeant having charged and had taxed bill Of SIT
Is for costs Of reference Independent Of the $a allowed
the bsant in summary causes BY the standing rule Of
the court.
Pr Cuiam.--As a general principle Of practice,
reference TO commissioner N SUM- .or mages, sssu
ten OF the action The court rarely takes the account
between seamen and the ship, and determining the
amount due but ordinary incident to the suit,
the computation is made by the commissioner, and If
reference Is not moved for by the bellant It would
usually be directed by the court as TO the
reference solely the motion OF and Tor the dement,
the respondent the claim Of the libellant being denn
lively proved by his proofs on the hearing In sacn
cases the court would always modify the common order
making it behalf Of the respondent and perhaps
adding also In summary cases tnA' Ts tsn the
spirit of rule ILL., The present was probably proper
case for such qualification of the general order,
had 1t been asked for at the time the order was
granted. Upon the minutes the order appears to
have been made and taken In the usual way,
nv JUDGEMENT that the iibsIsnt is only entitled to
single bill Of costs and that in summary actions Is limit
ed 70 Sl2 exclusive Of disbursements The reference
law cases becomes incident to the cases, and
to be charged for % item In the general costs
excepting them rom the r%e and sscodng
the exception to the bill extra and independent Of
the bill must be allowed.
IN CHAMBERs-befOre Judge Oakley-Tuesday, Aug
l0.-7He. Siape Case-The Consul General OF Brazil,
the owners Of the slaves and Mr. Purroy their counsel
attended this morning before Judge Oakley Mr.. Jay
which stated that the slaves had been abducted on
day night from Eldridge street prison, and denying all
Wedge participation in such abduction He also
read aidavits, his own and one made by the Consul
General, denying AZ knowledge or conpivance In the
escape Of the two slaves Mr. Jay read his adavt
excupatipg himself from participation or connec
ton Judge Oakley merely remarked that there was
nothing before him upon which he could decide; butt
been raudulenty entered and the two negroes carried
oTsuspicion rests upon all persons who had the care
and custody Of the prison A presentment should be
laid before grand jury and the matter thoroughly in
vesgated, and If the parties do not fully and satisfac
toriy excupate themselves they ought to be removed
from their offices. The parties then left the Office
CovRr OF GENERAL SESSIONS, August IO--Before Re-
corder Scott and Aldermen Dodge and Meseroe. John
McKeon ESQ District Attorney.
Case of James Madison Loud.-The jury in this case
unable to agree upon verdict and according
ly discharged at late hour last evening, from further
consideration of the subject.
grand larceny in having stolen fifty Mexican dollars
property Of Joseph Averes, at the Sailors Home in
Cherry street being arraigned this morning.
plea of guilty sentenced to two years impr-
comment in the State prison.
Trial of a Pickpocket.-Thomas Wilson, alias Camp
BELL then placed at the bar for trial. the charge
of having In July last abstracted from the pocket of
Mrs Keller IS u.s. while riding In an omnibus along the
Bowery.
On the part of the prosecution Mrs keller testified
that she felt hand in her pocket and turning her
head rOun0 detected the accused In the act OF Wtn-
drawing his hand 1t that she caused the stage to
be- stopped and told the driver that there pick
pocket inside that she at the same time missed the
money which subsequently found in the stage that
the accused manifested disposition to leave the stage,
but he not permitted to do the stage driven
the 18th ward Station House, where the accused
delivered into the custody Of an officer The jury rem
dered verdict Of guilty and the Court sent him to the
penitentiary for months
young men, named jeremiah Jackson Robert Hazard
and Thomas Lyons, implead ID with Samuel Freeman,
with intent to xiii, on the Sth OF july last were then
placed at the bar for trial The jury after brief
suaton found the accused severay guilty Of an as
ssult and battery with intent to maim whereupon the
court sentenced each to be imprisoned In the State pr
SON for the term Of two years
The court then adjourned until tomorrow morning,
THE YELLOW FEVER IN New ORLEANs.-Our
readers may deem IT singular that we have had
city The truth is that the publication Of the reports of
the Board Of Health appeared to quite sufficient for
the dsease has vet become Epidemic which to our
Is rather singular than other wise, considering the
usual number exposed to the effect Of climate The
heavy the passengers Of the poorer sort and
many upon their arrival here have been afflicted with
number of people on their return from the army, VINO
have not yet left city These classes exposed to
all the extremes Of our climate without adequate
tectieD They i'll fed, and Ill clad, and lodged
They suffer from such extremes Of heat may have
and are often sheltered from the cold daps the
are generally reckless ana anu
we have thought our city blessed indeed, in that the
mortality has thus far been light. Upon inquiry at
the Charity Hospital yesterday afternoon, learned
that in the twenty -four hours prior to O'Clock, r.
there had been forty admissions into the Hospital
various diseases During the time there had been
five deaths of yellow When 1t is considered that
large number Of cases sent to the Hospital quite
hopeless before they sent there this mortality
markedly small We conversed yesterday with the
Rev. Mr. Mullen, who from his pous mnstratons is apt
to be well informed to the state of health among the
poor He told that in all his congregation he had
yet but three of decided yellow fever only
Of which proved fatal The medical gentlemen with
whom have conversed speak Of few Of fever in
private practce call them easy Of acclmat-
ing fever others speak of them yellow fever But the
the not numerous they obstinate and
fatal They generally, too, among those most ex-
posed to the extremes Of the weather. and Ill prepared
by their habits and circumstances to disease
As have had excessively hot weather, and
succession Of showers With due attention to
the general cleanliness Of the city, and rigid Of
themselves the part OF the unacclimated, have
strong hopes that we shall escape epidemic.
Orleans Pfsayune, LIST inst.
SHIP FEVER IN CANADA.-Accounts of scenes
like the following, recorded in the Quebec Mer-
curry, of the 9Th inst, remind of the graphic de-
scrpons of plague recounted both by novesti
and true historians -" While writing in Office this
afternoon, we favored With visit from the Reve
rends Geo. Mackie and DR.. Cook, who requested t.
accompany them to the enclosure of the Engsh cathe
dral Arrived there, found poor woman stretched
the grass, suffering from intense typhus. Hell name
is Pnkerton She emigrant Of last year has been in
l.~< I'D tASxt