The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-05-05

which within the prohibited period defendant ex.
posed and sold in Fulton Market basket of quais and
partrdges which the plaintiff alleges was violation Of
the act and seeks recover two penalties, for kill
ing ana the other for exposing for sale The principal
and sent to this market for sale and are not within the
letter or spirit OF the act The Court charged that
under the statute the plaintiff has right to
Tor the number OF birds exposed to sale After rectng
the sections Of the act under which the action was
brought the question he said was the defendant ex
pose or sale these birds in market On that point there
could be no doubt because was proved that he sold
some OF them the only question is how many he did sell
He said he had some doubts as to the other question
raised by defendants counsel but would be
of hereafter by the full court; the only question the
jury had to decide asyto the amount Of the penalty
which must DO calculated by the number birds he ey
posed to sale and had in his possession market at the
time testified to by the witnesses in violation of tho
statute. Sealed verdict this morning For plaintiff
Messrs Porter and McMahan for defendant Brown
and Tominson
action on promissory note dated December Z
ls45, made by defendant, payable to the order
plaintiff The defence set up was usury Verdict for
plaintiff for the amount claimed
CIRCUIT COURT, May 4-Before Judge Edmonds-
The Forgery Case-he case for the prosecution closed
Mr. Spencer, who stated they would prove, most CEN
cusvely by number of the most respectable wtnesses
the late Sidney Smith Mr.. Babeock the first wit
called this morning He proved the receipt of the
letter In which It is alleged ths draft was enclosed or
the draft at the times the letter was opened lie
also proved the connected with the
sentation Of the draft and Of his arrest &c. Mrs
Babcock also examined in relation to the letter
after which the court adjourned.
CoURr OF GENERAL SESSIONS, May 4.-Before Recor-
der Scott and Aldermen Benson and Parker Grand
JuryAt the opening Of the Court this morning, the
following named gentlemen were sworn as members of
the Grand Inquest for the term viz:-Wlism H. Falls
cashier Of Traders Bank) Foreman; James II. Cook
Benjamin d. Cooper, Wood Gibson, Rowland Hill Maui
rice 8. Kerrigan, c. w Millhank Noah Stoddard, Jas
NJ. Taylor, John NJ. ssewSst, Aaron Close James H.
Packard Henry p Cropsy James Curr Cornelius Ste
phens, Jacob V. d. Wyokof George auckland, Peter
Gisey John Stats, Jeremiah G. Lamphis and Robert
A. Hagerty; who aftor the charge Of the Recorder
tired to commence their duties.
Trial for Receiping Stolen Goods.-Samuel Webster
tn placed ut the bar for trial. charge of
ceivng stolen property On the part Of the
1t was shown that the 9Th Of December last, Mr.
BENZ Greene had coat, which he purchased in Troy
for $22, stolen that it subsequently found
In possession Of Mr. Davenport, who stated
that he had bought 1t Of Webster, and conducted
Mr. Greene to the prisoners place of business, when
Webster denied having any knowledge Of the coat 1t
was also shown that Mr. Davenport bought the coat for
81 although the prisoner at first asked $l2 for it. The
Jury found the accused guilty, and the sentenced
him to be imprisoned in the psntentiary Tor months
and pay nne Of $3.50.
Plea Of Guiy.-Jamcs Oracle, indicted for an assault
and battery on Edward Skinner entereda plea guilty
sentence deferred until Saturday next The court then
ADJOURNED until tomorrow morning
Court CALENDAR, THIS DAY.-Superior Court-l T.
g. TO- Ia, Is, TO- IL, 49, 20. Common Pleasle, q, 49,
rs, 49, 25s, 20, 49, 35, 40, As, AZ, 48, SO, 10.