The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-11

greatly endapger her safety and the safety of the
be admitted it was her own fault that she was brought
into the dilemma The Nsugatuck was seen in time
to have avoided it. Neglecting to avoid It, subjected
the Rhode Island to oil the consequences that followed
The Court further held, that upon the evidence, 1t
would feel bound to hold any vessel responsible for
while che struggling in this dangerous strait,
there being fault on the part Of the leading vessel
It be done without immine danger to or
both of the vessels. Decree affirmed.
SUPREME COURT Nov. 9.-June Special Term.-Pre-
sent Shank!snd h Gray and Sill Justices Decisions
ment below affirmed with costs.
MorreH ps. MoreH.-The issue directing the inquiry
whether the adultery of the plaintiff committed by
the procurement, counvance privty consent Of the
defendant proper and should be allowed The issue
directing inquiry whether the adulteries have been
forgiven should be- disslowed and the issue directing
an inquiry whether the plaintiff has been guilty of
adultery with Eliza Smith, should be framed that
at ally before or after July a. is4s Order made at
special term modified accordingly, without costs to
Crae,s rs. Sheldon and others Order made at spe-
cial tel reversed, and motion granted with $40 costs
of original notion $40 costs of motion for rehearing
and $40 costs upon the rehearing No costs Of pro.
ceedings before referee.
Emmons rs Conner ct al.-Decree reversed, and the
! bill dismissed, with costs in bo5h courts
Iyiee Gates ct at.-Judgment reversed, and new
trial ordered
SUPREME CouRr.-NovEMBER GENERAL TERM
Present Justices Hurlbut, McCoun and Edwards. The
Supreme Court met on Wednesday the sth inst The
following persons admitted to practice as Attor
MES Solicitors and COunsellors OF the Court
of the State of New York-Mersrs Henry Nicoll,
Livingston Livingston, and E. F Smith, Exami-
ners John NJ. Bradford: Godkin Baker John b.
David II. Teagles, Z. Mcintosh Hunter VIM A.
Hellyier John Haslett Charles w, Hopkins; John
A. Hammond wiokman Hoffman Dennis A Kane
| EdSard Kins.ey; Thomas Lowin John NJ Pinck-
ney Joseph Perins; Alfred Rose Charles ~ Ro
maine Edward Saunders Eugene Sullivan VIM
Owen l.. Westlake. The Court was occupied the
entire day with motions The calendar will be taken
up to morrow, and twenty causes called each day.
UNITED STATES CIRCUIT CouRr, Nov. 0.-Before
Judge Nelson.-Brisac ct a. Us. Cornelius La,c-
,enee.This cause was given to the jury today, His
honor the Judge, said the only question before the
jury was whether the evidence in the case defend
ant had in any way participated in the of
his subordinates, by reason of which the goods in
question have been lost. If he has not he is not
sponsibe but If he has, then he undoubtedly stands
on the same footing with any other citizen who might
constructivsly, because persons in his employment
guilty of those neggencss They must be brought
home to him; he himself must be guilty Of the wrong
to be made responsible. The jury retired, and soon
after returned with verdict for the plaintiff for $52
and some ents.
SUPREME CouRr, Nov. 10 Present. Justices Strong,
Hurlbut and Edwards-The Court met to-day. The
ca endsr was called and No. s, the case Of Cruger &
Cruger, was taken up.
COMMON Pleas, Nov. 1O-In the second branch Of
this Court case of Islander has been tried Verdict
tomorrow (this) morning.
In the other branch, case Of treEpass was COM
merced yesterday, which is not yet concluded 1t is
of Importance, except to the parties concerned.
Counr GENERAL SESSIONS, Nov 9.-Before the
Recorder and Aldermen Mcknight and Fitzgerald -
Case of Garret alias Wheeler, resumei.-The case of
the People Charles Garret, alias Wheeler, charged
o an ns
on the night of the 22d September last
hssnr K,sa swoInis in the employ Of ia Mr.;
I September Witness testified that he went to the
store on the morning of the 2Sd September. and on
attempting to open the safe found great difficulty in
doing He called fellow clerk who also at
tempted but without immediate success to open the
G. 1o- vhas Ana Avvifh boz
and witness then discovered that its contents had
been disturbed. The silver was missing. tin box,
cover and there was other evidence unfair means
having been used in the store on the night previous.
been frequently in the store in company
RoBgRr CONWAY sworn.-Lives in apartments over
store at ss Pine street He testified to finding the
before alluded to- on the stairs leading
to the dwelling part Of the building.
JAMES s. Swan, exchange broker, sworn-Remsm-
bers having changed lot Of English coin for Charles
Garrett on the morning Of the 23d of September
There was sos 3D. in English money; knows Garrett
has changed money for him before.
keys ofthe store at Mr. Nanerys house the night of
the burglary.
The District Attorney here opened aud spread out
upon his table, lot of iron implements, consisting of
wrenches, drivers, hand vices cold chises and
other implements, all together, comprising bur
COUNSEL roa DLrENcE-what are you going to do
now, Mr. McKeon' Are you going to open a hard
ASSISTANT DrsTRIcr ArroRNEY-No, sir; but these
(showipg the tools) would open almost any kind Of
JOHN REQ, policeman sworn-Testifed to having
followed the parties implicated in this Indictment for
several weeks previous to the burglary. He showed
their fellowship, and that they together frequ
ly in the nsighborhood of Mr.. Nanery's store,
after 1t was closed. The prisoners were arrested
two OF them Carkson and Murray, at the corner of
30th street and Sth Avenue the Saturday after the
burglary had been committed the Others arrest
Cd shortly afterwards.
The DisrRIcr ATTORNEY here proposed to show
where he got the burglars tools sho to the jury
Counsel fer defence objected to this, being rree
want, and incompetent testimony, as 1t not pre-
tended that the tools found in possession of Gar
ret The refused to admit the proered evidence
THOMAS CALRow, policeman sworn also testified to
having tracked the prisoners from the 18th to the
22d of September 1t was evident that they acted in
concert.
the Recorder and Aldermen Mcknight and Fitzgerald
Plead Guiiy.-Ann j. Gaffney, indicted for grand
amount Of 81 Oo9 S. from John Bradburn ON the 22l
Of October last, plead guilty to the charge and
sentenced to the State Prison for two years and four
months.
Discharged by Prociamation-Bridset Butler, charg-
ed with grand larceny, in stealing $50 from ia mes
camation, no indictment having been found against
her
Trial of Charles Garre,, alias Wheeier.T The trial
of Charles Garrett alias Wheeler charged with burglary
in the I'D degree in breaking into the store Of Charles
M Nanery in Pine street, on the night of the I'D of
April last.
JAMES g. Coles policeman also testified to the fact
of having followed the prisoner and others indicted
from place 10 place. 10 pelore eVluence
went to prove concert Of action the part OF the
in this case and the other prisoners indicted
with him. The prosecution having concluded the ex-
animation Of their witnesses the suspended
in consequence Of the absence of witnesses for the
defence. An attachment was issued By the Court
against the persons Of Bernard Conway and -
Knapp The trial will be resumed this morning
Rcco enhance Forfeited-Susan Johnson, Indicted
for keeping disorderly house being called upon failed
to appear, and her recognizauce declared for
feited. Court adjourned till this morning at IL
o'clock.
CoURr CALENDAR, THIS DAY-Common Pleas-Part
Mos 81 So 81, 90 60 H. 70, 49, II, Part 2-Nos.
Ga, sc, IS, 20, -, 10, rs, 50,
iRIoT AT PEEKsKILL.-A serious riot took place on
Tuesday, ut the lower district, Peeksklll the Irish
sborers had taken possession poll during the
lining, and upon remembrance became abusive Az
tavern the poll, American and Irishman
playfuly wrestling the American having thrown the