The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-10

NIX Produced ind sworn-Saw the prisoner ON 18th
Mach last; she came to the house Of deceased and
mace threats; there WIS patty that evening at the
houss: P,isorer went down The basement and showed
Marks daughter ssie; I went down to the bsss- |
her out; heard h,r ,sy, will have revenge Drs
nond and his family he talking at the time to
MS B,smoDd; while vas down stairs. did not hear
her rebtion the name OF Bremond; considered she
cane There fer Brcmcnd.
C'ess eso,sin,d- Deceased was brother to my wife;
am thirty two years 0f age
IRE DEFENCE.
oIbe case Tor the defence here opened. There
nothing in the case counsel embarked which they
called upon answer not ever justifabe homi-
eide AZ nothing was proved against the defendant
Aitr briefly reviewing the evidence, written testi'
mcDy was put IN on part of the defendant 10 show
that sbe had been the wife OF deceased Letters dated
August sh 1s45, August 18th, in the same year. May
mondn ard other letter. dated May 9th, 1S46, aud
June 18TH all tending to ow that the relation of mar
Isge existed between deceased and prisoner put
IN and proved certificate Of marriage was also put
in.
DE-. JOAN Co,rLLr, physician Of the city prison. was
rtxt sxsmnsd part of the cefence-Saw prisoner
on sth July last in tie city PRISON. found the left eye
much swollen the right side OF the neck much swol
LEM she had marks of various scratches if made by
The tee tn of a comb the lett arm, beth black and
blue; the right portion Of the forehead scratched
and Was .eId der, az If she had received a blow; the
shoulders also bruised and there bruise
the neck: II appeared to have been the result Of
blow.
The case having closed. counsel ON either side did
net ADDRESS the jury, when his honor charged that
where doubt bad existed to such extent in a case
such as mat Whch they bad before them the prisoner
was entitled TO the benefit Of that doubt They should
weigh fully all the facts introduced in evidence.
The jury, without leaving their seats rendered YER
dict If not guilty upon which the prisoner appeared
much affected, and soon withdrew, with her counsel
and friends The court was thereupon adjourned.
SUPREME CouRT, September9.- Special Term Isaac
l.. Brandon vs. Ellen Nc CGun ct at.-The code does
not lido away with the necessity of fling notice of
suspendens in mortgage.
contract for goods sold and work done, the
not containing notice Of any specified sum for which
judgment could be demanded but, instead of it,
tice that the plaintiff would ask for judgment for the
relief demanded in the complaint was held to be ire
gular, and motion for judgment denied with costs
The irregularty could not be disregarded under
ton las Of the code as immateria because that the
section relates to pleadings only and not to process
There may be power to demand the process but that
can be done only on motion therefor.
Henry pdgM Us. George B. Sh %.M and cthers.ln
where judgment is taken by default the only costs
that can be awarded the plaintiff Sl2 and dsburse
ments
is amended after service thereof with the summons
the defendant has twenty days after service of the
Judgment entered by default at the end of the TWEEN
~ days from the service OF the first complaint set
SUPERIOR CoURr-Vt Chambers ] Judge Van
derpoel.-In Re James E. WiHiams.-Ha6eas Corpus.
| In this matter, the mother of James F. Williams,
who is child of about years old, caused writ
OF Babeas Corpus to issue, directed to Mrs. Sarah
Kellogg of Greenwich street her mother, who, she
alleged, forcibly detained the child. Mrs. Kellogg
made return to the writ, in which she aileged-1rst
| that her daughter was unable to maintain the boy
second, that she treated him unkindly; and third
that in moral point Of view sheawas unfit to have the
charge Of him. The Judge stated that If it had beer
proved that the mother Of the child lived in open
adultery or was notorious prostitute, he would not
order it to be taken from the grandmother but as the
evidence here made out only doubtful Of impro
TO be a hardworking and industrious woman he knew
power that would authorize another to keep her
child from her 1t is therefore ordered that the child
be immediately restored to the mother.
COURT CALENpAR Monday.-Ci,cuit Court.-Same
calendar as before, Common Pleas-lst psrt-2l, a.
81. aS o. 81 1o7 1oe Ill u.s. lis, H. IL 65, So I'd
psrt-ts SO 9S 104 lo6, ITO, 112, ia, 116 u.s. 100
l22, 1874 1875, 12s, 81 IT.
DECISIONS OF THE SUPREME CouRr ron THE 7ru
DsTRIoT.-Decrees Of Vice Chancellor affirmed NTH
eosts-Norman Savage ct al. Executors, vs. John f.
Cole, Thomas P. Sawyer vs. George stone Marcus
ceiver Ferdina nd Suydam ct al James Mather ct
al VS. Lorenzo Burrows, Receiver. Octavius p Cham
We. james w Leonard and Wife Joseph C. Rich VS..
Charles L. Pardee, with liberty to file new bill
Jacob Graves vs. Bank Of MassilIon Levi crometon
ct al VS.. Mer's Bank of New York Decree declaring
and citing the securities given by them in payment
to be delivered over to the compliments to be can
eelled &C., with the exception of the subscription of
| w II Luhm Slossen and Doherty, Executors, vs. AL
fred Avery ct al Decree of c. reversed without
costs to either party below; costs Of against estate
George F. Litch VS.. Abner HOLSTER ct al Decree of
" c. go far as appealed from, reversed supplemental
bin dismissed with costs below and costs ct appeal.
of decree appealed from by Eyerson reversed and de-
cree to be entered that plaintiff pay Everson his costs
below, and costs OF appeal-that part Of decree ap-
him liable for the deficiency after the return of execu
ton unsatisfed against mortgagor, without costs of
appeal to either party.
The Court adjourned to the fourth Monday of Sep
TENDER All sanctions, &c., stand over to be heard
without further notice Rochester Democrat.
EcLIrsE OF THE MooN.-There will be an eclipse
Of the moon on Tuesday night next the 18th inst
beginning at twenty five minutes before mid night and
continuing until after O'Clock on the following morn
ing. For more than an hour and half the OBJ.
scuration will be total.
TOTAL DESTRUCTION THE CATHOLIC CHURCH
AT SOUTH BosToN-At about half past twelve
O'Clock, last night, Waterman Kimball of South Bos
ton discovered fire bursting from the roof of the Ca
thoc church situate on Broadway street. South Bos-
ton, in which the Rev. Mr.. Fitzsimmons ofacisted.
The Boston fire department, which, at this time were
at work at fire in Sea street. promptly hand
but unfortunately not able to save this beautiful
building from total destruction Their efforts we're
however successful in arresng the further spread of
the names, though the Orthodox and Universalists
churches were In great danger and narrowly escaped
being burned Indeed, the former at one time On
fire in the belfry but the flames seaso naby put
out The dwelling house of the Rev. Mr. Fitzsimmons
the occupants Of all the houses in the neghborhood
had hard work to save them from catching fire. The
burnea church was substantial stone building
ae0 some I'VE years ago Its entire cost about
elegant and costly description. An organ built bv
Appleton at an expense Of $4,500 and q beautiful
crucinx, by Ball Hughes, were burned. The vest
ments and altar furniture were saved The cause OF
this destructive fire has not been certainly ascer
tanned. There was marriage ceremony in the church
last night, and the fire may have been in this vav
communicated Others attribute IL to an incendiary
--Eoson Itarelier Sept. s.
Married,
AT ST. Georges Manor, Long Island on Thursday,
SAn m hAF hv fhaD A- I.l-