The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-13
law lntellixence.

SUPREME CouRr, June 12th-Special Term-Before
Judge Edmond Decisions rs Henshdw 4.
Cor The rule orbidding any proceedings or process
on final decree until after enrolment is confined to
process of execution and does prevent in a cred-
tors suit the appointment Of receiver the examn-
alton Of defendant and the surrender of his property
before enrolment-moton for attach ment granted
Serens ads Rodrfgues IL nder I'd Il. S. 1s0 section
a. personal service of order in equity to show
why attachment should not issue, is not necessary
where party has appeared in the suit by his solicitor
Service on the solicitor is enough to bring the party
into contempt. Motion to set aside attach ment de
MED.
Stevenson ads Whiie-AIotion to change place of
trial from New York TO Erie, granted
Dean, Reeeirer, as. Geary aud W3eA creditor, hav-
ing judgment older than a mortgage which is fore
closed, and not having fled claim TO the surplus
mortgage sale until after that surplus had been dstr
buted 70 junior incumbrancers cannot set aside that
distribution his remedy is only against the premises
On reference as to that surplus notice need be
given TO the plaintiff in the suit Motion aside
report as to surplus. denied.
Strange Others u.s. Bonofe g. others-Motion for
receiver decreed and motion to enlarge the injunction
so rs to stay the suit at law, granted.
Grange rs. Wortendyk e.-On a bill for specific per-
formance Of an agreement. the answer denying that
the agreement though executed, delivered-a
motion for an injunction aud receiver denied.
CovEr OF OYrB TERMiSrR, May l2-Before
Judge Edwards. Aldermen Kohler and Adams Intan-
ficide barbara Weidemeyer. a woman about 40 wears
of age put her trial this morning for the muir
der OF her new born infant. 1t appeared from the
testimony tlat she resided on the 10th day Of Feb
ruary last at 3 Mulberry street. that the attention of
two women residing in the same house. attracted
by seeing quantity of blood in the cellar and hiding
there at the time doing something with the
Goals one OF the women told her husband Of the cir
cumstances, and next day policeman was sent for,
who searched the cellar in company with the prisoner
and found the child in barrel covered with coal dust
On examination OF the body il appeared that its heal
was fractured and that there marks Of violence
on It's throat Doctor Holmes. WHO made post
tom examination Of the body, OF opinion that the
chhd was born a live and its death caused by the
fracture on the head The theory Of the defence
that the prisoner worked very hard the entire the day
on which the occurrence took place. that she taken
suddenly i'll, and heing without assistance, the child
~ I'LL. H.
smned for the prosecution admitted on his crossex-
am nation, that the death Of the child might be ac-
counted for in that way. Doctors China and ckin-
son gave similar testimony several wtnessc. were ex
amned who gave prisoner = good character The
case was submitted TO the jury under the judges
charge, without being summed up by counsel After
short consultation, the jury rendered verdict of
quittal.
GrSnRAL SESSIONS, June 12-Before the Recorder
and Aldermen Carney and Hatfield Jonas b. Phillips.
Esq, Assistant District Attorney
Charles X. Smith put upon trial on charge Of
petty larceny, in stealing Goth May last pair OF
supenders one pair Of gloves ono pocket handkerchief
anu one razor the property OF Henry Gray, valued
Nv % me prisoner made no defence The jury found
verdict Of guilty. The Court sentenced Smith TO two
months imprisonment in the pententary.
Ihomas Lynagh was placed on trial. charged with
teang 500 in gold and purse valued at 81 the pro.
perry o. Joseph Bateman 1t appeared that the Sd
june. inst Bateman who had Just returned from the
seat Of war In Mexico having served with Cantan Dun
cans "a Artillery company had lust arrived in New
York from washington having 500 in his pos.
session on leaving the latter place on srrivno ~ New
York he put up at No. As Washington street-be.
ing emgraut boarding house; and prisoner
IL was charged. robbed him Of the above amount
which was subsequently found concealed in a hole
near his bed. MIR Bryan appeared FOR the prisoner
and the defence tet up that several had slept In
the same and that the fact Of finding the money
near the prisoners bed not sufficient 20 Ak the
guilt on him The jury found the prisoner guilty and
the Court sentenced him to two years confinement in
the state prison.
Adjourned over TO ii o'clock this forenoon
CoUEr CALENDAR ron rHfs DAY Circuit Couyt-3I
30 80 90 6s o. oo 20 u; " . 400 4O2. Superior
C0ur-27. 8, Z. A. 40, 1911 1875 ~ ~, ~ G. 81
10 90 rs - 1903 49, los 146, 14g ISL 1b2 30 53 81
e. 7s, 20 1853 1854 2e2 1855 1856 15s 1859 100 lGl TO