The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-19
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them out very full under my chin.
Q.-Did you ever walk in the srbor with Mrs Lynde
Al never took such liberties with Mrs Lynde
Q,Whss did MIR; Lynds say to you after he came
Ale aveme his hand and then passed on to Mrs
Lynds asked her what she had been saying 70 me- and
shook his hand at her.
Odd you ever receive a note from her whsn ths
messenger waited for answer
Al don't remember
O. Has Mr. Lynde commenced suit against YOU
Al don't know that he has
Direct examination -Q-Havs you any sort of recol-
in this city,
Al am under the impression that she did write me
another note but 1t il lost.
Q-What was it about,
Al had chess problem in this city and she sent me
the second note to bring that out with me.
. Q-When your leg dressed by Mrs. Lynde the
time you were injured where did you place your foot!
Al cannot remember whether it was on the chair
Q--Was Mrs Lynde's mother present on any of these
occasions?
EowABD CISCO (colored) examined for the prosecution
Lived with Mrs Carroll last spring year. knows Mrs
she desired to give 1t to him and no else.
Alter the examination Of the witness finished the
court adjourned untito morrow (this) morning
Court OF GENERAL SESSIONS, Oct Is Before Re-
corder Scott, and Aldermen esks and Tappan-John
Mckeon Esq, District Attorney
Moda'ae kesteips CaseAt the opening of the court
this morning. the of Madame Restel called up
for trial, but melton of James T. Brady Esq coun
sci for the accused the cause was postponed until Wed
nesday.
Trial for Robbery--Henry Johnson (colored) was
then placed at the bar for trial on Indictment Tor
robbery in the st degree in having the night the
I'D Instant knocked down and robbed Francis Ross of
watch, hat, and handkerchief
FRANCIS Ross, sworn On the night of the ID instant
met he prisoner in Anthony street. he aske me IL
wanted job, and said II would 60 with him he would
get me oue; went with him and when got to place
called " COW bay.n he knocked down with a brick,
and took my watch hat, and handkerchief; the watch
now shown is the same never saw him before that day
MrER LAsHrNrRALL, sworn.-On the night OF the I'd
Of October, the prisoner offered sell the watch
now Shown ssad he had given So for it.
The case then submitted under the charge of the
court to the jury, who found vereict Of guilty, and
the sentenced him tho State prison for of
Pleaded G,sity.-Edward Holly on being arraigned
on an Indictment for violent Assault and battery on
guilty, and remauded fer sentence.
Trial for BTglG,y.-Tbomas Jones was next placed
at the bar for trial indictment for burglary in the
third Degree in having the night of the 10th of
TENDER, burglarously entered the store of James r.
Hobby 262 Grand street by means Of false keys.
kept store at 262 Grand street. nv store was
entered on the night of that day.
JOHN d. CoRNwELL sworn.-l live next door to the
store Of Mr. Hobby the night the 10th of Septem
Der, saw Mr. Murphy Mr. IS clerk lock up the store;
went out when saw MIR. Murphy in the act of arrest
ing prisoner in the assisted in arresng him;
there was another man with Jones who off, did
know him.
EdWILLIAM JACQUES sworn.-I am policeman of the
10th ward the night OF the 10th of September was
passing through Grand street. when heard some one
cry, .top thief" | then found Mr.. Murphy the
sidewalk with the prisoner took him to the station
house
The submitted to the jury who found YER
dict OF guilty. He was rsmandedfor sentence.
- Tia' for GRIND Larceny and ReceiUing Stolen
Goods -Joseph Caskil alias Casco then placed at
the bar for trial. ION indictment, the first of
which charges him with stealing from Francis Gallagher
ON the I'd or July gold coin clothing &c. the value
of Sl6; the second count Of which charges him with
receiving stolen goods knowing them to be stolen
b FRANCIS GALLAGHER sworn.-On the I'd day Of July,
my vsse was stolen from the railroad depot foot Of
Liberty street. containing $ll3 in gold coin seven gold
have since recovered the principal part my
at the police; received $50 from q young man ma ed
Brock at the house of Mr. Levy, and sa5 in the at
jersey City the money was paid to In the presence
OF Mr. Levy he took the money Brock counted it,
then placed Brooks knee Brock then handed it to
me- Levy agreed that should have more after wards;
Jumped OIL the cars at Bergen Turnpike and to
the city,
The prosecution having rested the case was opened on
the part OF the Defence and the following witness
called
julius Bosch examined-I am a tailor. and live with
Mr. Caskiili resided with him in July last; when
saw the v.lise shown brought to the store bv
nice looking gentleman his wanted the loan OF SO upon
III Mrs Csskil asked him for the key; the
said u was unlocked; Mrs Caskiu then opened It, and
examined the things that in it, he that he had
mad his pocket picked; that he had particular
sness TO attend to IN Boston, and money to
80 with said that ho should in few DAYS and
would then buy some clothes of Mrs Caskill who let
him have So place the veise in the store where il
could DE seen by all entered; recoeot MIR Peyser
coming To tle store shortly afterwards told Mr.
Cask that the veise had been solen that it was sd
ysrtsed; That Mr. Caskl then took it to the police
At this stage of the trial the court adjourned unsl
ton morning.
SUPERIOR CoUBr, Oct lS.-Before Chief Justice Oak
ley -ddeldds Ducfoss ps. Charles S. Swift This
action OF assumpsit The declaration contained the
common count Tor money had and received The facts
Of tue case are briefly these The plaintiff defen
dant happened in the spring OF 1874 to meet in Ba
more but under what circumstances did not appear.
At the meeting 1t occurred to the defendant that
wanted housekeeper and he asked the plaintiff IL he
would house in New York would she come Co him
az houeke.psr, and attend to his household affairs!
She consented The defendant set out immediately for
this city, hired house in Hudson street, from Mr.
Phillips for nine months for Sl29, and to the
plaintiff to come on, without delay. She came, and
having kept house in this CITY, before she to BaCi
more, had her furniture stored in the Bowery and
caused 1t TO be the house in Hudson street
where they continued to reside from about the lat of
June, s44 to the middle of November folio wing when
hr SWIM thought had kept house long enough, and
gave the plaintiff to understand that he no further
occasion for her services negotiation was then en-
tered tito between the parties through the medium Of
some friends which terminated in agre cement that
defendant sh' ud give plaintiff $40 pay up all rent to
the should leave the house and give up the kew
TO the landlord, which to be twenty days from the
date OF the agreement and that she should release the
deendsnt from all demands she then had against him
and give HIM receipt in full The plaintiff however,
dii nut leave the house at the end Of the twenty
but Kept possession up to the LIT Of May, 1915 In
NaIcn ls45, Phillips, the landlord issued distress
warrant for the quarters rent due in May the rent
being pay ole in advance and the balance Of former
quarter, amounting, in ALL to about $780, and levied
on her furniture. which amount she had to paw
her action. The defeu mt pleaded accord and salts
faction, under which plea he gave in evidence the
receipt in full and the releases the first dated the 2lst
md the other the 22d of November The release WAS
drawn up in the form of affidavit and was sworn to
by Mira Ducloss IL stated that she released him from
all claims and demands which she then b-fore ever
ba against him. that she would thereafter make
any claim against him, or give him any annoyance or
evri recognise him more than stranger and that she
gave him vi all his clothes &c The plaintfs counsel
objected to the release the ground that 1t was drawn
up M an affidavit; consideration being expressed and
iI not being under SEAL he contended that it void
at tha
in full sufficient to bar the plaintiffs right of
action; at all events, both instruments were ex.
ecuted at the same Iime and one and the came
transaction; and. in that view, the $3.50 mentioned
IN The receipt was the consideration for the release
The plaintiffs counsel again objected that 1t appeared
the face Of the papers, that they separate tran
sections they having been dated different days aud
Therefore that the $3.50 mentioned in receipt could
be deemed the consideration for the releases and
regard 20 the receipt ITSELF the of action
accrued subsequently to the time IL bore date it could
bar the plaintiffs claim An alteration then took
nlace bet the couusel both sdsa