The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-07

evidence was not admissible The course now insisted
the cause OF Rob VS.. Hacksy citsd. Objection sus-
The prisoner's counsel then proceeded to up and
followed by Mr. Cutting the part Of the prosscu
ton After MIR Cutting had finished his argument the
Court adjourned to to- morrow (tbisl morning
fore Justice Harris = Decisions Sosson VS. Dnf-Ex
captions to masters report upon claims to surplus mo-
foreclosure Duff. the defendant being indsbted to
ss%s' Bnrt' IN tho sum OF sS's 81 to pies Norris
1916 confessed judgment for these three debts On
the 9th January, ls47 Ae1 Jones recovered judg-
ment against Duff for $40 l09 both these ia lgments
lien upon the premises sold and the plaintiffs in
both judgments claimed the surplus moneys Th. claims
on both Judgments were resisted by the plaintiff Tho
claim second Judgment rssisted the ground
that the Judgment confessed to Burtis included In 1t
as f,llows-Burtis kept exchange office and was in
the habit Of Lending uncnrrent money to be paid Ia cur
rent funds From tins to time he had lent an uncut
rent money and the condition Of the loan they
should be repaid in current funds In week The mo-
nsy thu, loaned would In the way of trade
aod could be converted into specie at discount OF about
three ourths Of per cent Held that these facts
not sufficient Ia faint the raDacton with usury;
that 1t might fairly be regarded exchange Of ere
dts from which the parties derived mutual advan-
tage, Duff obtaining the INN sdiate OF what was
equivalent specie to hun saving weeks interest,"
aud Bartis receiving money receivable by New York
banks for his bs against solvent spec- paying banks
ut less aud than by
presenting tn. bi for redemption Exceptions to man-
ters report allowed and ordered that surplus b.
paid to plaintiff in the frat judgment
Drnk,n LaDr, Motion for reference to ascer-
tain the damages sustained by the defendant by
son of the issuing the injunction in this cause
Counr-When an Injunction Ia dissolved upon tne
bill alone, 1t is oa dec sion that the plaintiff IL not
ut.bly entitled to the injunction but when IN in
juacton Is dissolved upon the coming In Of the
the defendant is not entitled to reference untI after
the final hearing proof for IL msy appasr that tho
false; and although the pj nncton had been dissolved
upon the answer yet In fact the plaintiff was equita'
bly, entitled to the Injunction Motion granted
In the matter Of J,hn Mason LInotic-Motion to
set aside the proceedings for the appointment Of com
mttee in this matter the ground that the iuqustion
taken upon the execution Of the commission OF lunacy,
WAS insufficient The jury found that Mason was so
far weakened aud impaired in the faculties Of his mind
to be mentally incapable OF the government Of him
self, and of the management OF his affair, It was,
therefore, contended that to give the Court jurisdiction
person and estate the luueo the jury should
have found in the Language Of the statute that he was
" of un,ound mind rhs Court held, that though the
return the jury was informal 1t was sufficient to give
the Court Jurisdiction and that this proceedings for the
appointment eta commit tee regular.
voY Us. Hen'ick,-Moticn to set aside execution
issued to the Sheriff of Queens County, and suhse-
quent proceedings In May 1910 suit was commenced
ia the NswYork Common Pleas by plaintiff against de-
subsequently affirmed in the Supreme Court, aud after
wards by the Court OF Errors In November 1876 Hen
an independent sovereign of Germany hA Consul at
New York. It insisted that by the constitution
aud laws Of tue United states the federal courts have
Consuls, aud that Henricks was Withdrawn from the
State Courts, when ne received his appointment Tho
Court held that the question OF jurisdiction Is to be de-
termined by the state Of things at the time the suit
commenced and at that time the State Courts had
exclusive jurisdiction, the subsequent appointment OF
enricks Consul did not dvest their Jurisdiction. It
was also held that Henricks could at all avail himself
of appointment to defeat the Of the State
Courts he could only have done in the Common Pleas
that having himself brought writ OF and
I'd the cause into the Supreme Court he was excluded
from denying its Jurisdiction. Motion denied.
7ftus Us COrtiy Motion denied, with $40 costs, to
be paid by plaintiff.
at the office Of c. A. Dawson, Esq % Wall street.
SUPREME CouRr-GErERAL TERM.-Present, Justices
Strong, MoCoun, and Edwards-ThsP People vs.. Madame
RestsH-Ths argument of the writ of error In this
cause hxed for tomorrow ths) morning The Court
then took up the and called tho
1t will take up two or three days
SUPREMs CoURr-GENERAL TEnM.-Preaent, Justices
Strong, McCoun and Edwsrds.-January 5.--Ln re-
Madame ResteH An application was made Tues
day to the Supreme Court, to admit Madame Rests to
bail pending the writ OF error to reverse her Oonvic
tion The Court gave its decision this morning. deny
ing the notion not the ground that the
Jmdicata that the Court had power to behind
that there probable cause; and, the
Dstri ct Attorney had expressed that he ready
moment they therefore held their interference Was
necessary. The Court soon alter adjourned
UNITED STATES DurRrcr CouRr, Jan. 6.-Befors Judge
Betts.-The United States vs. Hnry Liebii-
ny Of Masters Of Vessss in case Of not bringing back
their Crews-This action to the penalty
OF bond given by the defendant to the United States
The defendant was master of the bark Anahusc, and
gave the usual clearance bond the departure Of the
vessel for Rio Jsnero in November Isa6 conditioned
that he would bring back to the United States all the
persons whose names signed to his crsw-ist He
did not however bring back one Allen TAYLOR who
went ont second mate and the action is brought
recover the penalty ofthe bond The defence was, that
Taylor deserted at Rio but the evidence failed esab
sh It, and the jury found verdict for plaintiff for $500.
+. Msrbury for the U. 8 w. r. Beebe for defendant
CouRr OF GENERAL SESSIONS Jan 5-Bsfors Re-
corder Scott and Alderman De Forrest and Kelly Jonas
Phillips, Esq, District Attorney
Senienced Samuel Oppenheimer, who was convicted
yeste day of receiving goods knowing the to have
been steen placed at the bar for at tbs
opening Of court this morning In coIss quence of 1t
having been shown ia the OF the trial that the
accused had previously sustained ceent character
and in consideration of the jury having recommended
him to mercy the Court sentenced him to be imprisoned
in the Pententisry for the brief period Of 60 days
then placed at the bar for trial. charge Of bsv
ing IN the month OF October last received from "a
worth OF orockery and glass ware knowing hs same to
The jury found the prisoner guilty and recommended
him to the mercy of the Court Sentence deferred
Trial for grand larceny John Smith indicted for
grand larceny, In having been concerned with Feltus
schneider in stealing wagon worth $50 belonging to
Baruck Ssien, on the Id of April las.
Mr. SriEN examined The wagon In question was
stolen from the front of my house No 20i sseond-st
In consequences Of Information obtained, | vent to
oncer enter his premises without search warrant On
looking down iuto Smiths cellar, we discovered The
wagon take. to pieces search warrant was the. then
few months before 1t was stolen
officer srARoHs examined Il went with Mr. stien to
the house of smith in l7th street, where found tho
wagon claimed by Mr. Stien as his property smith
denied having It, and refused to let ms search the
house.
On the part Of the defence, ELLEN MooRE testified
that, while at Smiths house, she Saw take the
wagon there.
The prosecution then produced several witnesses to
show the bad character Of the witness who bad testified
in behalf OF the prisoner The jury rendered verdict
Of guilty Sentence deferred.
The court then adjourned.
CouRr OF GESrnAL SESSIONS, Jan 6.-Befors Re cord
Scott, and Aldermen DeFofr-st aud Kelly. Jonas B.
Phillips, Esq Assistant District Attorney.
Sentenced Patrick Leonard, who convicted yes-
erday of purchasing from lad lot Of glass and crock
cry ware, knowing the to have been stolen,
brought into court this morning. and sentenced to so
days mprisonm in the psoitsntiary.
PEA of Guihv.-Chares Dumas, indicted for
sault and battery plead guilty to the Indictment and