The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-10

subsequently for the delivery or the ginger AN,
as the name Of william BrAddork CO mppc,red in thu
di ectory as" Commission Merchants az No 20 arc AZ
street" and, on sending round. the Of the SAM
firm sppeared upon the door posts at tsc number de
signatsd and witha as the pr. ouer trsnpaotrd hi
purchase ~ snch a busiBesslik amer, the gig.
wa delivered to the order Failing, h,w.,sr, to pa,
fr The goods, Messrs. Oyrha Ut rus sent round t
M 81 Broad street repeatedly hut able t
find the prisoners nor did they eventually 'ced bu
and William Braidock
WIZ. BaoADroor, a clerk Of Or uhantS Sons, sesti
Fed to the fact Of Toss coming 10 ris store where Wit
ness was employed and purchAs1'9 atty cases OF l1h
above; witness afterwards ~ nt to No 90 Broat
strey.toook for.srad tock& Co the name was pal >
I'd ON the columns by the side of the door; but Of
going 20 the office stairs he couisnot nd the pur
chaser of tt ginger nos, indeed any one who could
answer Tor the firm of Brsddocka Co.
Isaac = CAMPBELL eipg sworn, testified that he wal
employed by the prisoner ssa porter became aoquaint
ed with the porter House In Centre street. for
merly known Harmony HALF prisoner agreed to
give witnesG dollar per day; he With him nine
weeks but lever saw but one lot Of goods received at
the Office; thstlot OF goods the fifty cases Of pre-
served nger alluded to purchased from Messrs o.
Sons; prison -'tod wtncs. hc had partner whose
name was Braddock. and who MS in London. The
District Attorneys asked witness whether he re-
eeivtd pay for HE ine week.' services but the
sci fer prisoner objected to the question, anu it
ruled out, as irrelevant to the issue
THOMAS w WILrtR, clerk to Croker Warren,
importers OF Calcut'S goods at NO. 81 Eeaxer street
s-s on the cath of July last and said re would like to
see some extra large grnny bags witness showed him
sample OF the article dsmanded prisoner then asked
fer terms, and witness told him the price nam,ng
the terms four cent on for ASH prisoner said he
woVld AXE four balef, and the Of Braddock
Co.; gave witness DER where to send the goods;
he left his card on which we're the names
but found one but tho porter, Camsel and was
never able to fl nd the pri' oner.
sydney Stewart Clerk of Police, and John II.
Burnley, police officer of the 9th ward, being ex-
smneo, testified to the fact of the prisoners
Gaping from the police Office when he was in on this
charge; he ran Off, and not re- arrested for two
three days afterwards; when fnaly taken, it at
his own house in Walker street Mr.. Stewart stated,
in answer to questions put by the counsel for the de-
fence that prisoner offered to pay for the goods when
he was first arrested but the police officers did not
rest, however, the subject being mentioned, he said
that he had dispossessed himself Of the money and
consequently ss a1":d not pny Ite defence endsa,
real business firm, regular co partnershp existing
between William Ross, the prisoner and William
Braddock.
Mrs FRANCES GALE, sworn for defence says she
knows William Braddock; he ismy brother law he
Witness was here shown articles of agreement of CO.
partnership between William Ross and William Brad
dock. She testified that she the subscribing wit
ness fad articles Of agreement by these articles
appeared that Braddock was to Invest coo in cash.
and that Ross was to devote his time and talents to
the business Of the firm. Witness says she both
the prisoner and William Braddock sign their names
to the articles of agreement here presented.
This about all the testimo elected by counsel
The defence took exceptions to several rules of the
court, admitting evidence which prisoners counsel
thought irrelevant to the The evidence ably
summed up and reviewed by counsel on both sides,
and the Recorder charged the jury who out only
ABOUT nfteen minutes Wnen tney returned with
dict guilty The District Attorney then moved the
court for against prisoner, and the counsel
asked for stay of Judgment The court refused the
application of the counsel for defence and
Ross to the State prison for two years.
CouRr CALEspER-For this day.-C:rcuit Court =
IS &C. saperar 49, 90 1s5 ISL 49, 1ss
1875, lae, IN, 400 So a. 49, 2s AZ 14s 144, lac to
AL l4s, l45 g. 1913 l47. 49, 3O7 321 1871 1855, 1877
159. 2d Parties ITO, 800, 800, 1872, 3d. 1874, 1856,
| 13S, 140 142, LA, II, %.
portant decision was delivered by Hon. John Mclean.
one OF the Judges of the Supreme Court Of the United
o0s IN ss case Oh 'ns
rested few days since and brought before the Mayor
a charge Of counteIfeing silver half dollars, quar-
tiers, SC, md were held to bail, in default Of which
| they we're committed to the county Jail Since that
time writ was Issued upon application of the u s.
Deputy Marshal, by Judge Mclean, against said de.
PENDANTS, and before stated they brought be-
fore bis honor yesterday The fact appearing, that
of Common Pleas against the dee for the same
offence and Their commitment by the Mayor also being
produced. Judge Mclean discharged the prisoners.
In giving his decision his honor stated in substance,
that the Supreme Court of the United States bad de-
cided that the States had Jurisdiction concurrent
With the federal courts, such crimes that with
which the prisoners were charged. 1t was offence
both against the sovereignty of the State and federal
to this decision, his honor had entertained opinion
adverse to the jurisdiction Of the States strictly and
court not bar upon those Of the other But it
would be repugnant to the spirit Of institutions
asmuch the State authorities had taken cognza
Of the present he declined to take 1t out of their
hands This was the first that had arisen since
the of the Supreme Court of the United
States, and the Interference of the federal court
might produce an unpleasant conflict of jurisdiction
He also stated that If offender had been punished
by the State court for countereting he should not
permit him to be proceeded against, for the Of
fence, in a court which he presided The decision
! of his honor was clear and able and we have only
glanced at of its most important features Gin
| cinnah Commercial, Oct 6.