The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-23
Law IntolIlgonCe1


SUPERIOR CoURr, September 22.-Bofore Judge Oak
ley.--Lorin Brooks Us. John S Congsr-This Wa An
action Of debt on bond In the 1887 the defend
ant owned property which previously mort
gagged to man named Kane, for $4,000 subsequently,
sold the property to Conger for $4,000 he Congsr
pnt and doSgsr Ss bond in suit to
fy the plaintiff against any loss deficiency In the
proceeds not sufficient pay the full the
principal and interest decree of foreclosure
tanned, under which the premises sold and Mr.
Brooks became the purchaser, u of $4,000 which
left balance due to Kane foot OF the mortgage
$295 &C. which balance the plaintiff was personsliv
liable, and for which he gave Ksne'a mortgaee on the
property and he brought the present action
X The defence set ingenious although It
did avail The defendants that Brooks
received from the defendant the Of 81 900 the
sale to him In 1887 that he afterwards became the pur-
chaser under the foreclosure decree and In about three
weeks sold the property to the German Me-
thodist Episcopal Church for S4SO0 both making
together more than the original purchase money in
Guiding Kanes mortgage; that therefore, instead Of be-
Ing loser he was gamer by the transaction He also
insisted that the plaintiff could recover in this
action, inasmuch Kane took proceedings against
suit would be necessary for him to show that Kane
had obtained q judgment against him Upon this last
ground he asked suit The judge denied the mo-
ton and cold the jury that the question very SIM
pie one that this cause originated In Of the specu
ations Of 1887 that turned be- very bad one
for the defendant there doubt, but Mr. Brookss
loser by the sale in the foreclosure cause the
defendant bound to make good the loss The jury
found for the plaintiffs without leaving their seats YER
dict for Sl76i H. For plaintiff Marsh and sturtsvant
for defendant, Mr.. Garrett.
Theophiius MeipiHe ps. Daptd C. Moorehead-This
action for libel The plaintiff and defendant were
engaged In the manufacture Of Galvanic Rings They
both commenced advertising in the newspapers Of
which the present suit grew The jury found verdict
for the defendant without leaving the box. The
WAS OF no interest except to the parties concerned
CoUnr OF OYER AND TERMINER, Sept. - Before
Judge Edwards, Aldermen Kelly and DeForrest Tho
court opsned this morning. and immediately after ad-
Journed, there being no business ready.
The CIRCUIT CoURr remained In session. and dis.
posed OF four inquests and one small
COMMON PLEAs-Before Judge Ulshoefsr There
were three small OF no interest tried In this
CouRr OF GENERAL SESSIONS, Sept 22.-Befors Re-
corder Scott and Aldermen Spofford and bod John
Mckeon, ESQ., District Attorney-Trtal for Grand Lar
eenyAt the opening Of the Court this morning David
BARTLETT alias Kelso placed at tho bar for trial
an Indictment FOR grand larceny In having on the 2ad
day OF July with George Howard and John Allen stolen
from John Brock 100 bank bills Of the value Of % each
10 bank bills of the value of $780, 100 bank bills OF ths
value OF $780, 80 bank bills OF the value Of pieces
of gold coin Of the value OF $50 90 watch worth
500 chains worth sl7; l.s rings worth s5i 90; 60
breast pins worth $780, studs worth So 10 ear rings
worth Sl5 pencil cases worth S7 IL pair spectaoss
worth S 80 spoons worth S25 and pair otwossers
worth 81, making in all property Of the value OF
81, 900 So
JoHN Brock, sworn.--I am a jeweller, In summer
travel and In winter keep store in Georgia was in
cash, chiefly on banks in Troy and Albany. had gold
patent lever watch besides pieces Of gold con doub
box stolen the Farmersi hotel Ina Buffao-the box
now shown Is the same that stolen from me. Ny
room was not locked consequence OF there being
look on the door.
Louis AspnrcH sworn.-I am jswsller my store Is at
No 90 Chatham street. sold the chain now shown to
Mr.. Brock, in April last
RaPHAKL ELIAS sworn.-I reside in Georgia; keep q
dry goods store; the tweezers shown given
| Mr.. Brock by me; gave them TO him last spring
RoBERr w. BowyER sworn am policeman; assist
ed In making the arrest Of Bartlett the day of Au
gust In Chatham street Pearl street Bartlett de-
MED having any baggage then went TO tho Mechanics
hotel In Cedar street where found three trunks,
of which, claimed By BARTLETT contained the box
.I.1 h.. ha haAvv h.w
| and jeweiry ut game Of bluff a few days after, Mr.
Brook called at the Chiefs Office and described quant
| ty of the jewelry before IL was shown to him
The then submitted to the jury under charge
of court who found a verdict OF guilty; whereupon
the court sentenced the prisoner to five imprison
meat in the state prison The court then adjourned
until tomorrow morning
Covnr ArrrALs, Sept. 2ist-wilson, def In error,
ads. Martin, pla in error. MIR j. H. Msgher, for dsft
10 error, moved exparte for order that pn Join In
demurrer In this cause in eight days. &c. Granted.
No 2s strachan ct. al. resp'ts ads Henshaw, apt.
MIR Isaac Edwards for respondents moved to dismiss
the appeal In this cause Mr. J. NJ Martin, for appel
PHI in error, VS. ouacksnbush, deft in error. Mr. A.
Iaber continued the opening argument for pn In error
Couar CALEsDARs.- Circuit Ccrt-This day, before
Judge Edwsrds-Nos DO AZ 49, 40, So 3d. o. So So 90,
fer-Nos. al 40, IT, 90 OIL 90, 65 So 81 S. 50, 60 0i
o. %. Superior Court-Before Judges Oakley and
%, 90, ll5, 1853, l54 to 100 inclusive.
CoNvloIroy AND SENTENCE OF KELLY. --Catski!l.
September 18th, Si7.-The Circuit Court, Judge
willard presiding, has Just closed Its September term
for this county. John Kelly was indicted for the
murder Of Mrs. Lewis In Prattsville on the 22d Of
August last and put upon his trial yesterday morning
1t terminated to-day about halfpast twelve The jury
after elaboration OF about an hour returned into
court with verdict Of guilty During the trial, and
even alter the vediot rendered Kelly seemed totally
Indifferent TO his fate aud OF ali
The District Attorney, assisted by M. Sanford Esq
conducted the suit for the people, and w. A. steen-
was purely circumstantal but very strong and stsen
burgh managed the for the prisoner perhaps
rs any other could have done It, Mr. Sanford summed
up the for the people and think never heard
him do better wasa piece Of forensic eloqusnce
Judge Wizards charge wM impartial rs 1t well could
be; he was about Atty minutes In its delivery. Kelly