The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-17
TWO CENTS.
ed witness never heard that he wa. member Of a.

that evening" always him quiet and inofiensive
Michael STARTS, examined-K nows the prisoner
tive or three years always knew him to be very quiet
and OF good disposition.
The case for the defence was here closed except a.
TO witness, which the prisoners counsel claimed
the right to examine after he came into court.
DIT WALTERS, examined by the court Gould
the wound be inflicted with the fist ?
A.-No, sir.
Gould it be inflicted with the short stick
Q.-Coad it be inflicted with the long one,
Al am ofopinion 1t could not
The PRIsoNER's CouNsEL.-Co IL be inflicted with
sung shot?
i think not
,0LWould not blow given by strong man with
this club smash in the skull instead of fracturng 1t
and breaking the skin
A-The skull was considerably fractured and
bruised in but there is reactive quality in the sou
and from the extent of the fracture it must have
hard blow.
JoHN QUIGLEv, examined by the District ATTORNEY
Was at Coogans on the 10th April the prisoner
go down the avenue towards the engine house he
out with in his hand heard him all out for
some of the boys witness followed him the corner
of 31st street saw him running to where there
three or four men fighting he turned from that
crowd and went to Coogan's door he raised the
club with his two hands and struck with it Q
man striving to shut the door when he struck there
two men together, and he was good bit from
them, and he struck as II he intended to hit Of
them he ran away, and witness followed him with
another man.
The District Attorney stated he would close the case
here.
JAMES Gosnun, called for the defence-Knows pris-
fer about five months before this transaction
knew him to be quiet, peaceable young man never
him in
The evidence both sides here closed. Til,
Court here took recess until o'clock.
EVENING SESSION.
After the Court had organized the prisoners coun-
sci commenced summing up the cause. The theory
Of defence was first, that the evidence did not show
that the prisoner who struck the blow that
ed Coogans death on the contrary the fair pre-
sumption, from the evidence, was, that the wound
which caused his death must be the effect of 9TH
Secondly that even If the fact fully prov
ed did not amount more than ma there
evidence a Drempditatp0 N
the part Of the prisoner but that it abundantly
proved that If done by him at all it was dene in the
height of passion.
The District Attorney followed, the part Of
the prosecution, and finished his argument about
10 O'Clock. The Court then commenced to charge
the jury and occupied an hour in the delivery The
jury then retired
rendered verdict OF guilty of granddaughter In the
second degree.
SUPREME COURT, Sept. l6-Specal Term-Befors
Justice Edmonds-John Noble and others ps. Samuel E.
the rivolousness OF put in under the cods
Judge Edmonds said he would take the papers and
consult bis brethren of the district to the proper
practice to be adopted in such cases. and he now an
nounced the practice to be, that judgment might be
demurrer, by special notion the usual notice pre-
scribed tor special motions and If the answer de-
should be sdjudged frivolous judgment would
be given as If default for want of answer IL ad-
judged not to be frivolous, the would be put
the Circuit Calendar in its proper place. and be tried
and heard in its order
Isabel Whiting ham, trustee, ads Ann M Whiting
ham and others-The trustee under marriage settle
ment in trust for the Wife and in of DEATH
to apply the in ONE to the use Of her children
spectve Of the husband, Is bound to make personal
application Of the infants funds, and in doing so has
right to allow any part OF 1t to be applied to the
of the father and his second wife and their off,
spring An allowance to the husband out of his chill
drens property for the purpose Of carrying out the
suit in their against the trustee, will not be
made until the Court is satisfied that it necessary
referee referred back.
John Mildsr1erser rs, Mott & Carey Se..on bill to
Judgment at law, it will not be allowed where before
the entry Of the Decree the costs had been assigned to
VIM E. Lee and others IS. Lewis HershbergT.-Ths
affidavit for the proceeding to the execu
ton provided for in section 249 of the CODE be
In the that the person proceeded against
has property of the judgment debtor indebted to
him 1t must be positive to Of the alternatives or
to both and then it Is not q matter of
such AFFIDAVIT to issue an injunction. To warrant
the latter the Court must least know be satisfied
from the facts set out in the affidavit that the person
to be against has property Of indebted
to the Judgment creditor. Summons under the code
Ehsha Crosby rs EdDin r. Landon.-Where, on an
application fer summons under section 249 of the
CODE the affidavit does not contain positive sverment
of both of the facts which it be issued,
must at least set out facts sufficient to satisfy the
officer that both of the alter exist where
the allegation is that the judgment debtor entitled
to certain salary payable monthly, and it is at the
same time shown that he is living in a manner which
would be likely to consume 1t as fast earned there Il
no foundation fer the proceeding. Summons under
the code refused.
SUPERIOR CoURr. Sept 16.-Present the Chief Jus
tice, Justices vanderpoel and Ssndferd.-Thomas Ry-
and finn Ryan rs. Edicard acknowledgements
dismissed. Compainants may proceed de nouo making
their complaint returnabe at the special instead Of the
Coison US. Cob6-Motion for a new trial denied ON
plaintiffs deducng interest allowed by the jury the
wise new trial granted Costs to abide the event
GrinneH rs acknowledgement for plaintiff.
COMMON PLEAs.-Specisl Term.-Before Judge Ingra-
ham Decisions.-Simon b. Bernard ads. David M.
MeHs-Motion granted on payment Of costs Of In
quest and subsequent proceedings and $40 costs Of
molten.
Isaac Covert, Jr., ct al, u.s. Sarnu C. EEs.-Motion
to issue execution judgment after the lapse Of five
years denied.
Michael Murphy Fitzgerald Tisdale.-Motion
granted.
Henry Gassi ads. Brirckner.-Motion granted
Henry Clarke, ct al US. Greyern Domng ues.-Motion
granted that plaintiff file such security within twenty
DAYS AFT service of this order and in the mean time
oil proceedings be stayed let the defendant have
day further time plead after such security shall
have been fled and notice for Justification allow
I'd, &C.
Layerah Us. Cook.-Motion granted to substitute
Clark instead Of Tugess.
Martin and wife u.s. Mossy.-Referred to Geo. Car
penter to report the facts necessary to enable the
Court to give judgment
Cadmus, an infant rs. Harton.-Let judgment be en-
tered for $500.
Wtghtman, 81 al, rs. Buekiey.-Referred to Alex.
Clarke and saml Provost, Esqs Another referee to
j. NJ Vest rs. j. Kinsman.-On motion former re-
ference vacated, and cause referred to VIM b Law
Before Judge DAILY Carpenter rs. Sheidon.-The
jury rendered verdict in this caute in favor of the
plaintiff for $3.50 damages
CouRT OYER TERMIrER, Sept. 16.-Before
judge Edmonds and Aldermen Hatfield and Ste
ens-Hayes and HALTER, the two persons convicted
at the present term the for murder and the other
for manslaughter in the second degree to be
brought up on Monday, (to.morrow) to receive sem
tepce
Counr OF ArPEALs-Thursday- All the Judges
present.
No. l2-Albert P. HART Daniel Gardner Job
Pierson for applicant ID. L. Seymour for appellee.
No. H-Levinus ,Vanderhydcn and wife rs. Joel
Mallary, ct al. s. Stephens for appellants; David
Buel, jr., for respondents.
No l4-The Mohawk and Hudson Railroad Company
John J. Hill. and M. T. Reynolds. For paintins,
Rufus w. Peckham.
No Is. WAS called near the close of the session.
u s CoMMIssronER's OFFICE, Sept l6-Before
George W. Morton, Esq.-Charge Of .dssduh aud
and Minor Smith