New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-04

srYEnoR cousr.-Nos s. 7s Is. Nun.
30 20 TO %. l2e. 81 10 %. 81 20 to ~
Coxnos PLkAs-psrt Mos S. IS n, n.Sr
% g. 90 IS 43. Part n-Nos. ls0 100 & 10 -
e02 2oe. zoe go. 81 81. 80 no. us ia e. - " -
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Law Courts.
Coussr or COMMON PIrAs-Before Jgdss pslv-
Eliza JeaS MonSxomcy .rosi S Ocsmaa --Acsto.s 4
assault and battery In Dr. Oatnaa applying ia - -
cayenne pepper TO plaintiff nose while in 20 49,
state Of souansmousm al an exhibition By Dr. L. a.,
Sunderland Of pstheism In alleged effect s:ussr =
raesnersm st Mechanics Hsn Broadway lr,ss,
referred TO-
Mr.. Gerard for the defence, commenced the M
u,ias up and created much interest well A. nirA !,
the manner and force of his resosrks A. 70 psisuS
he said she progressed 20 be exhibiting scence whics
Dr. Sunderland said differed from mesmerism In hs
acting immediately on the will Of those psrsons wAc
hsd been set 10 sleep instead OF through the nerves
Mr. : hsd declared BY the mere power Of bic sil hs
could make the Insane and restore the insane 10
heslih--coali make good man osd-thsf virtue wa
thing he could plsy with. and be could bend vice to hn
will He professed 20 act not upon the and as
ces but upon the mind and soul Of man He took HI,
stand upon the highest mountain Of the earth "a The evil
ons did OF old and sad all things are tributary 70 my
Willie said can do more than any man h~ coae snss
the shining OF the morning star, and greater Asr
Moses or the prophets - among you. Doetrines x
which If true these would be the effect were prun,
sated in hsndbils and otherwise tne pancf was ol
the instruments in exhibiting these doctrines and ~
the duty Of every man and OF men OF science IN PSF
ticusr to test whether the public were to be inPot
Mr.. a. made amusing remarks in regard to the px..
t on that evening and Of the professions held cut
general After the Doctor applied the test Mr.. q. nd
uaounsntary conflict took place In her mind wnesnn
she would open her eyes and take ven or seer
her eyes shut she concluded upon the ss'ef' saehe
Doctor severe logging. a. II sui asieep ana csmer
him second time but sul kept her eyes closed snd
wen, on with the shilling exhibition being COMMENDED
that she did wake up for two or three hour asst
ward. when DR. Sunderland touched her o.san OF POI
loproxenitiveness has bean stated mat the test ww
appled At an improper time, when she WAS not IN Ne
proper STATE but the fact asserted that she slept tnroa
the whole of IT, and that the subjects have no eeinsG
such time shows that the test applied IN proper
season according their own showing therefore she
could not have known Of the test and have received 40
injury from il. and yet II appears she WOKE w 'sn
GENTLY TO give the Doctor tremendous oeanns
Dr. Ashley. whose Office tho plaintiff and otner -
TO visit on being asked said that subjects when er
eyes shut could not see out OF their eyes tty
could see from the tops OF their heads from their ssou
achs and the theory of Dr. Sunderland 10 that they
see from the ends of their fingers and toes On Ma
/ point Mr. G made some humorous remarks
IL had also been said some OF the subjects bad been
subjected TO severe tests 10 the ssysnic battery
Its very singular said Mr. G. that what al taess
could not effect accomplished by this Ius vial Of
! cayenne pepper. The company was trained In the
morning said Mr.. q. at the boarding house Of Mr. sun
derland In Warren st. and the Office OF ~. Ashisy
uudson-st for the business OF the evening Ihe surg
cal operations of Dr. A. also humororsy sd,erlrd
man OF squirting and drawing % teeth all from one
woman's mouth. The belief professed by this md otk
er witnesses in DR.. SIS theory called forth sric
lures from Mr.. u.
IL was said by DR. A. that Mics Montgomery b nov 4.
clslryoyont and without seeing. or hvins seeas
person tell. merely by holding lock Of thar hair
in her hand, what disease they troubled WITH The
whole affair throughout was spoken of by MI O. mun
worthy the age in which live. The virtues OF red
pepper were alluded TO by Mr.. q. We use 1t IN usd
cine have Ii on our tables every day 10 temper
salad curb the spirit OF rebelious lobster and now
it has done most excellent thing for the public and s
science.
Mr. G. said he had thought whether Mr.. Sunderland
and his dsclples, who were in such numbers present.
might not by the throwing Of their will upon the Judge
induce him to give charge against evidence and ps
form q similar operation 80 10 the Jury. He really
eved they had done something Of the kind to biz lean
ed friend opposite, (Mr. Mulock) or that Dr. Ashsy
who sat behind him had touched his bump OF eonos'
tiveness. as once twice on the trial he Yves pugot
cous but had cooled "a. "a laugh, In which Nj.
joiDed) lie commended that Dr. Oatman bad right y
make the and that having done Do he has RENDERED
good service 70 the public. He hoped not even rtf
dict of sxpence would be given against him - woula
endorse the humbug and forth as the act OF anew
York jury.
red pepper He thought Dr. Oatman Vt having n nh
csse effected much good should sdopt for HE coe
OF arms vials of red pepper ramp ant emoasonfd
on sheet OF brass, and the motto rea pepper Df
ever
Mr. Gerard spoke about hour aud q half osassp
as already stated. much interest and amusement ~
was followed by Mr.. Mulock for plaintiff who made
able and eloquent address on behalf OF bic elssnt =
contended that the Doctor had right 70 mako ne -
under the circumstances of the case and urged 'ha ID
plaintiff 10 entitled TO verdict.
Judge DAILY in bis charge, stated that the result naM
depend upon the questions whether or not pf sunes.
land had given notice that evening that no tsso ws y
be applied and II 1t the general Impression snMw
! were to be allowed II such notice had been pvsa' -
no tests were allowed the plaintiff is entitled 20 -
dict--otherwiss defendant Sealed verdict tnis soS
noon.
UNITED STATES DrsraIcr Cornr--.Befors lsde
Betts--A Grand Jury wss empanneed, who resuIs.s
sfter being In session two or three hours true VI
against VIM. Russell and John Williams. for larcesys
at ses on board the ship Burgundy and Against deol
* Leach, Win. Kenny aud Michael Gordon, sesmen, 10
, larceny at sea, on board tho ship Niagara