The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-02
naf.ra I,,I~a El.,z-I.

Caroline Na1 Tin - HGbeds Corgls Case.-This cause
which was adjourned from Wednesday to this morn.
ing, was called on.
Mr. N.sn-Thisiss writ Of haSsas corpus granted on
the petition OF the defendants setting forth variol
facts aud irregularities in the proceedings by tbs
prosecutor and wish to state why the,e parties are
entitled to their discharge the merits the arst
place, IL appears thet on the 18th November, Is4s
| Mary Ann Martin the mother Of defendants, brought
action against Gresham in the of S GOO the
peapgs set forth that he appeared at house and
| made a contract with her that her three daughter
should teach him the French Language. for which he
was to pay S1ooo-thst 1t was ase condition OF the
contract that he to to her house aud thera
receive his lessons in French-that he afterwards
wanted that they should come to his give hin
instructions but the old lady objected The oontrae,
was, however, perfected, and he paid them 500 Ia
some time after he made this payment he backed out
and then the old lady brought her action for $1,000
charged them with stealing his money obtained war
rant and put IL into the ha uds Of officer Prince John
Davis they afterwards took out Of his issued
duplicate and put IL into the d. of
officer, who went to this womsn's house and took
them, n et asmis, and brought them before Justice
Lothrop, who committed them to prison. They were
afterwards bsiled by the Recorder but they wers
again committed. aud 5ase tyA s,s.ie Lot yhay
were suI t this morning BY th,r bail and
issued by another Judge while the frst was In force;
and therefore, the arrest is Illegal and those girls
ought to be discharged
Mr. PHuLIrs.-Will your honor go into this case on
the merits
Jvper-o, yes, will go into it. Go on with the
evidence
Mr.. PHILLIPS reads section a Revised Statutes.
which states that no Judge officer of any court on
return OF Of writ OF habeas corpus try SO and in
the of Mcleod the rule was laid down that the
court will not inquire into the guilt innoe of
the party.
Jupor Under the 5oth section we have a right 70
go very fully into any that may be brought be-
fore us the object is to allow the party the right of
appeal.
MIR. WESTERN, for defendants-There are two ones
tons in this case upon either Of which we contend
the parties ought to be discharged the is irregu
larity, Ind the other merits.
The DIsrRrcr ATTORNEY reads from third Hill, page
GIG and the notes.
Mr.. PHILLIPS reads from first Hill page 39l-the peo-
JupoE reads the act of 1918 which is incorporated
in the Revised Statutes This act removes the former
doubts to the powers of officers who allowed a writ
of habeas corpus to examine facts de the
Mr.. GALBRAITH.-How is case to get to q jury If
Chamber?
JuDcE is a very grave question. an now
both sides to look into the law on the subject
and let me have their assistance. don't mean to de.
eide the case hastily The act Of 1918 passed in
consequence Of Abel Cooper reported in fifteenth
job nson.
Mr. PHnLIrs-A party cannot deny the facts consti.
tuting the offence with which he Is charged he may
the regularity Of the commitment, or the papers upon
which 1t is founded.
JupcE-I don't see why am not as competent to de.
eide as q jury, upon the evidence.
Mr. PH,LLIPs-We don't deny your competency Int
we deny your right.
DIsTRIcT ArToRNEY-It NAV be as we'll to le. IL lie
CouRr-I mean to 60 further and let IL lie over for
two or three days Similar cases have often be-
fore me lately, but have never given any decided
opinion upon them. 1t however comes before me now
In more formal man ner and wish to give each party
an opportunity to examine the case and have the
Mr. WEsrERN-We rely upon two objections on
the inert and the other to the warrant we can dis.
the complaint was made in the ordinary form and 1t
seems that the warrant was issued by the Police Jus
appear by paper before you that for some
son-hsste, perhaps, or for some other purpose-t
found necessary to issue second warrant. and at an
unreasonable time to send another officer for the pur
pose executing the second warrant and the arrest
accordingly made It. which the Of the
not the second variant Until the ss
recalled or disposed Of in way; but having done
JupeE-Under the fftieth section Of the Revised
Statutes all those facts must appear before me- by ira
versng the return under oath, the adjourned day
Mr. NAsH-T object to the adjournment on the ground
that the Grand Jury sits Monday and the District
Attorney may send up bills of Indictment that day
aI ,d come mere on tuesday morning. armed with te
DsrRIcr ArroRsEr--So far ss l am concerned,
same way they at present
The case was then adjourned to Saturday at IL
O'Clock.
Supreme Court.
Present, Justices McCoun, Hurlbut and Edwards.
DEC. l. The People Us. Thomas Hayes-This was An
application to amend the bill Of exceptions taken by
the counsel in this cause insisting that
the challenges made by defendants counsel were fo-
principal cause and net to the favor The question
was one of fact and depended the recollection and
notes Of the judges, and ofthe respective in
be sent back to the Judges Of the Court Oyer and
Terminer and that they might amend it IL they saw t
THE Ihs People rs John Miller and WfHiam Miller
The were, in the month of July last con-
victed at the Court of General Sessions in sum Of
ior an indecent exposure Of their persons the
18th Of July last. An application made this morn
ing to quash the conviction on the ground that in ad
Missile evidence was permitted to go the jury and
fo all -
we're to take the intent Of the parties into
ton that Is that although the facts charged upou
the crime was committed with an evil intent and II
they Of opinion that It was not then the nartie
n% Ss TO an aequts The Judge refused
to-day. Judgment reserved. The court sfterwards
adjourned, without day.
Supreme Court-speciol Term,
Before Justice Harris.
DEC. DEcIsIoNs.--WiIson Il. Sheldon and others
Us Nathaniel T. Weeks and Others and fbr.. Other
suits against the defendants of reference
so far as 1t directs the defendants Nathaniel Weeks
and Henry A. Weeks, to deliver to the receiver the
siver bread basket and pitcher and far directs
Nathaniel T. Weeks to pay to the receiver S479O-
reversed And so far 1t relates to property not SUBJ
Ject TO levy and sale, on execution-affrmed Motion
to refer causes denied.
Elise Hunter and others, ads. The City Bank of ~ y
Motion to change place Of trial from New York to
Albany-gran'ed
Henry Stokes and others, Us. Vim. Haean judy
mt for plaiutifs their complaint on the ground
that the answer neither controverts any material al
legation OF the complaint, states any new matter
constituting defence. Held the plaintiffs not
too late to move for judgment after serving reply to
the answer.
Thomas S. Finchiey, Ddrid s Mills ct ai-Mo-
ton for attachment denied the ground that after
rehearDg Of the decree has been ordered the proceed
ings on such decree stayed.
Thomo: $. Dickinson, rs Elijah IT. KiaJau-In-
quest and subsequent proceedings set aside without
costs Held that though inquest may be taken for
want Of an affidavit Of merits as under the former
practice yet that 1t lie Irregular after the jury dis
charged $50 that the plaintiff appeared inquest
could be taken) to call the cause and have trial by
the court, for want Of appearance.
Ddrid s. Mills, ads. John Thursiv Motion for at
tachmept against plaintiff, for violation of injunc-
ton denied Held that, under the code the only mode
in which defendant obtain an Injunction against
the ptsint'n, is by complaint, and undertaken
IL tie form prescribed by the code.
United states Comm ssioner's Office.
Before A. Gardiner, Esq.
Drc. 1-ChGrge Of Opening Len0s-The case of
Lynch, charged With opening the letters of On Mon
aebap and obstructing his correspondence Is farther
adj nod fot pnny row r,,ip