The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-12
Law Intelligence.

Law Intelligence
CoURT OF OYER AND TERmlNER, Sept. 11.-Befor ,
Judge Edmonds, Aldermen Hatfield and Stephens
Trial Of Jacob HALTER alias Dutch Jaque murder of
Patrick Coogan in April last in 10th street. was put
off until Wednesday morni ng next in conseq CO of
the absence (occasoned by an iness) Of enc of his
counsel No civil business being ready, the Court I'D
journed
SUPREME CoURr, General Term, Sept. n.--Pres-
ent, Justices Hurlbut McConn and Edwards-No 4
Learen, receiver, as. Biatchtord. The argument OF
this cause was not concluded when the Court ad-
journed.
SUPREME CouRT-Special Term, Sept. u-Before
Justice Edmonds-George "A. Togie &c. rs. Robert
relief sought In the complaint with $l2 costs besides
disbursements.
Eugene Didier rs. William Warner.-Let judgment
be entered for the ptf for the relief claimed in the
complaint with Sl2 costs, besides Disbursements
IN the matter of John Marks, characterization for
supersedeas. Let this matter be referred to A. d.
Soper, counsellor at law.
Justice, Judges vanderpoel and Sanford - The
Court sat to-day to hear law arguments.
Common PLEAs-Specal Term, Sept. 11.-Befors
Judge Ingraham.- Cafhdrine Iraphagen as. Henry
Wykof.-On motion of George s. Partridge, atty for
pf in this cause 1t is ordered that be referred to
to Of 81 the ssr As
to enable the Court to give Judgment and that he
report thereon.
Carpenter Standardization that cause 90 OF the
September Term denied
Nesseier rs. Glupenraach.- motion to dismiss suit
and set aside proceedings, denied without costs.
Before Judge Ulshoefer. Knight and Juliet
Crick rs. Wm b. Motif This was an action Of tres
pass to recover damages for injury done to the
lot No. 1873 Broadway the defendant owning the ad.
joining houfe AID lot, and began to build or make
some alterations in his premises some tune last year.
In excavatfng he dug and removed, plaintiffs al
ege, large quantity Of the earth In the of their
premises In consequence OF which more Of the earth
cracked and considerably damaged. To recover da-
images for this trespass the present suit s brought
Before Judge Dsiy.- Garrett d Hasbrouek az. Gar
ren NJ kosbee-Ths was an action promissory
note for $1,000 and interest The defence set up was
usury; that plaintiff charged shilling day interest
every 500 This met by insisting that a for.
note Of $500 was taken up, and 1.-THE note
Will $500 cash END that s re-
not agreed when the court adjourned
~, Roeert f. Kelly Kelly .wfiro,, se; u.s. Ghas = Pogpe-
defendant an order for q quantity Of tobacco, of
particular quality. Defendant wrote to his CORES
were accordingly purchased and sent ON here. When
1t arrived 1t was inspected by plaintiff who declined
to take it, insisting that not OF the quality or
dered. It was subsequently sent to Liverpool, by
agreement between the parties to defendants CORES
pondent to be made sale Of there defendant agreeing
as plaintiff IN alleges to make no charge except one per
proceeds were returned the defendant furnished tho
account sales, and not only charged per cent for
the guara ntee, but five per cent for commissons
retained the same. To recover back Ave per cent
commissions. the suit is brought. The defence was
that the 81 como agreement conditional, Wit
that In case the tobacco sold in Liverpool at loss
only per cent would be charged, defendant re-
serving to himself the right to charge commissions,
SC the event that the tobacco cleared itself The
account sales received from liverpool showed that
after payment of all charges and expenses, it left
profit Of SS2 ana insisted that he was en-
sum- The jury found verdict for defendant without
leaving their seats.
UNiTrp STATES DsrRIcT CouRT.-Before Judge
Belts -Sentences-Adam Hays, Christopher Morse,
and four others convicted last Tuesday an attempt
to create a revolt en- board the ship Henry Trow-
bridge, were sentenced this morning; Hayes and
More to pay fine OF SIS each and to be imprisoned
until the fine paid the other four to pay fins
$40 EACH and to be Imprisoned until the waspaid
GENERAL SESSIONS, Sept. 11.-Before the Recorder,
Aldermen Fitzgerald and Dodge.-Jonas B. Phillips,
Esq Assistant District Attorney Trial for Bigamy-
The trial OF Tho.nAs DUNCAN charged with the above
onsnce was fesumed, and the Gaze for the defence
was orened. The prisoner stood charged with hav-
man named Ellen Mahony ii. arst VIE aamed Mary r
EswARp HARTLY, the first witness for the defence,
testified have been acquainted with the prisoner,
DUNCAN for the last three or four he lived with
arrest often saw him In the city - ''''' '
Cross-'raminsd.I saw him in tho city about two
New 9s M.nony
him II she his wife ?' " No, said he "fou are
curious fellow; you have always an eye after the
women (Laughtsf ! saw children there: they called
DUNCAN NfatRer;n heard the woman addressed A.
Mrs DUNCAN and also IS Miss Mahony; ! never heard
him call her WIFE" heard he had some dmoulty
about his being married Ithen heard q person say
DUNCAN don't look as bad now the day he marched
through the fair in Ireland with child tied to his
back" (Roars OF lsughter) in consequence of this
put the question to him about his marriage, 1t
rumored that he was married saw DUNCAN in New
Haven and also in New York; he kept house in New
Haven.
TERENCE FARLEY, being sworn, testified that he
knew the prisoner; never heard anything against his
character knew him for the last four years: know
Charles Baugh; he has got the reputation Of being
noisy sort Of man DUNCAN resided In New Haven
some four FEARS ago.
THoMAs RrLY-Knows DUNCAN for fifteen year.
and over. know Charles Baugh for seven or eight
years; knew him In Ireland Dungan's character in
heard much Of Baughs character II saw DUNCAN At
Catholic church in Ireland / could not tell wheth-
or he was Catholic or not during the last four years
ELLEsDvSe ster of the prisoner testified shs heard
the testimony OF Charles Baugh, In ireland, did not
see him go to the Catholic church. he expressed himss
10 witness as Protestant he had sproesan mt prayer
book and bible never went with him on arg ,svA-
sion to the Protestant church Protesssnt minis
t tsns oIsn Min my brother mil. Of our house
/ was sent ~ 30 20 TO MNry Bsughs house in
ne oos On that occasion twss never there before
or since came home ON the same nay the prisoner
was home the next day cantssy u at he came home
with me /: believe did not see May Baugh for a
month afterwards knew them to cohabit as man
and wife they hsd quarrel about child she had not
came this country heard the marriage talked Of
supposed they were going to be married recoilects
taking drink with Mary Baush at a fair one day;
don't rccolect that the party to which went, was
given the day after their marriage.
Witnesses as to character were examined.
The Court here adjourned to this forenoon lat
Steven o'clock.
CouRr CAIEypAR TINS DAy-Circan Court-Nos.
u, Is, 10, 90 81, 20 81 80, 80 to 49, 3S 40 Al Com
non Pieas-Frst Part-Nos 100 III 49, I2l, 123, 49,
~. 12g 49, 133 1856 13g 141, g. g. IS. Second Part
es 104 1o6 no 112, ia lis, l2O, 49, l24, 13O 49,,
34, 1886, lao.
DEATH or VOLUNTEER returned volunteer,
named l.. G.. Smith, died suddenly in the stage
coach near Butler in this State, the 3lst ult His
,xiih mil hon III