The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-23

nothlDg TO prove the truth OF the statement
The UNION GuARps-One Of the finest target COM
panies of this city, bearing the above name left Man.
haitian Island yesterday morning n target excur-
sion They returned in the afternoon when the per.
forated condition of their target plainly told of the
accuracy Of their aim. Their movements were in
strict military order, and they reflect great credit
upon the officers who commanded them Good men
always make good soldiers, and pice verso
Law Intelligence.
Counr OF Coi.aoN Pleas, Nv 2o-Before Judge
Ulsssocener-- Smith vs. Cor This was q suit under
the new code to recover damages for a trespass and
breach of agreement the part of the plaintiff. 1t
appeared that plaintiff who is cashier in one Of the
81 Pitt street, with the yard connected Herewith,
from defendants father n.aw The latter died some
pied by Mr. Smith together with other property in the
street came into the of The
defendant las plaintiffs counsel stated being DESTROYS
of retaining Mr. Smith as his tenant, induced him to
take lease of the house and yard for another year,
which he (Smith) did, on condition that defendant
would not erect any building in the rear of his (the
PLAINTIFF ) premises during the year 1t further ap.
pesred that MIR Smith is a horticuturist and had
very large collection both Of foreign and native plants
and shrubs, which he cultivated and reared n the
yard in the of his house and the reason he
made it condition of the lease that dsfendent should
tiants should not be disturbed but he alleges that
defendant, In November, lS47 commenced to build on
the premises and in doi1g dug up the entire Of his
plants and transplanted them In another place soon
after which they decayed and were destroyed In the
present suit he seeks to recover their value Ad-
journed.
Before Judge Ingraham Jones Us. The May
or, &c, Of the City of New rk.-This action
the case, brought by the plaintiff against the de-
consequence Of negligence, &C. 1t appeared the
plaintiff 10 owner Of five houses fronting Pearl
alleges that defendsnts by reason Of raising Centre
street three feet higher than it originally was
the rain water to be diverted out Of Its usual
houses and the culverts and in Pearl street
not being efficiently large to conduct and carry it
off it flowed into the easements OF his houses causi
az he alleges, serious damage for which he seeks to
recover in this suit. Adjourned to tomorrow (ths)
morning ,.e -.... -
Hnry S,lree Us Robert Rennie This was action of
covenant 1t appeared that the defendant Is the pro-
prietor Of the Lodi calico printing works In New Jer
sey and that the plaintiff, who Is over twenty
years of age, bound himself to defendant for four
years. to learn the trade of calico printer For the
first two years he to receive So for the third year
he was to receive 81, and the last year SIS q week
Some time during the hrst three or four English
men game to work at the factory, at particular
ticuar branch confined to those persons and they
naturally declined to instruct the plaintiff aledging
that they merely worked for the defe and
not bound teach his appre ntcss but that he might
come at night, If he chose, and look at them The
plaintiff applied to the defendant, but the latter said
he could give redress, he could not compel his
workmen to instruct him agnnst their will. He,
thereupon left, and now seeks to recover $500 the
was that the plaintiff was properly instructed as far
as he the defendant) capable Of nstructing him.
that he left Defendants service of his accord
and not entitled to recover Sealed verdict to-
morrow this) morning
UNIrEp.SrATEs CoMMissIoSER's OrrrcE-Nov 81
Before j. w. Metcalf, Esq., COMMISSIONS Charge of
E,nbe- eiemenf-The case Of VIM H. Durham captain
of the bark Carssa Perkins, charged with
$50 douboons, came this morning for
1t appeared that on the 2Sth Of August last the
Of the vessel at this port gave the accused
bags of doubloons containing $50 each, to convey to
Trinidad; one of the bags and its contents were
lopged to the owners but both bags were to be handed
over to John Berryea, Of Trinidad When the vessel
reached her destn alton, only one bag delivered
to the consgnee. Dispositions stating the fact were
nsmitted to this city The vessel was then watched
and on her arrival on Monday week last she enter
ed the East River boat left her, in which there
one person, and rowed up the East River. The bark
was then boarded By the custom house ofncers-the
accused about the same time left the bark, and
shore and went to the counting house of the
owners. One Of the owners and ex.oicer Relyea who
watching the vessel, returned to the counting
house and found Captain Durham there; he was then
asked about the money but could give no satisfactory
account Of It. Mir. Relyea procured an officer to
whom the captain was given In charge. The further
examination is adjourned to Friday next
Before A. Gardiner, Esq.-Charge of Homicide -
Robert McCarren, captain Of the packet ship Column
bus, was brought up, to. day, for examination sp
about IL O'Clock on the night Of the LIST instant re.
port was made to the captain that the steerage in
to
the storage. All the passengers deck except
Nathaniel Smith who positively refused to leave his
berth upon which the captain sent down four of the
crew, and he was brought up by force. He was then
handcufed and tied to Of the staunchions. Soon
after according to the te stmony oEkhe mate squal
on, and snapped the stern sail BOOM which fell
on the deceased and killed him he never was heard
to speak word after he was then taken into the
thrown overheard The Commissioner upon hearing
the testimony, stated that the evidence was not su
cent to sustain charge Of against Cap
tain McCsrren, and discharged him.
CouRr OF GENERAL SrssIoNs Nov On -Refore the
Recorder, and Aldermen Mcknight and Crolius.
Trial for Grand Larceny.-Joseph Carson was put
stolen $40 in gold coin, from James Hamilton, the
9Th Of October last 1t appeared, from testimony,
named Mupray cams into the ctv tSn
Maine, and, looking around for boarding house,
went to the house kept by Carson at 81 Cherry street
were told by him that they must pay weeks board
in advance. This they refused to do He then want.
ed them to sign ;,p paper agreeing to pay weeks
leaving to procure board elsewhere when Carson
sented to their remaining without these conditions
sta nding some time in the hall The complainant en-.
deavorsd the next day to get at his baggage but
could not for long time, 1t being locked up and the
key Of the baggage ROOM as Carson said was not in
his possession when at length Hamilton got at his
baggage he found had been tempered with and $40
In gold stolen therefrom. This testimony being in,
the District Attorney, in answer to question from
the counsel for the accused stated that he could not
ask for conviction against the prisoner; the gold
might nave been stolen by some person while the bag
gage stood In the hall The court informed the jury
that, In their opinion, there not evidence con-
vict and the jury pronounced Carson not guilty.
another Case Of Grand Jarceny-A man, named
Patrick Cowan, was next put on trial charged with
stealing eight pieces Of gold coin worth $40 from John
Mutt; The complainant, when called to testify stated
that he was on his way from the state of Maine to
Wisconsin, and In passing through this city, Wed
nesdsy last, he went into clothing store, the
Albany ste amboat to purchase suit Of cothes
ser having bsrgained for the clothing Mutt weutinto
back room to take some money out Of q belt; the
prisoner followed him into the rocm and Mutt having