The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-28

rockets,
Bsngola lights, SC. among the principal pieces
OF lattice and lace work resting each upon
columns supporting arches and bearing the following
inscriptions =" Josiah Quincy Jr ," and Cochitu-
ate" with the date of the introduction of the water
The appearance taken in connection with the play.
ing of the fountain, was in high degree animatng
and beautiful. large crowd of citizens in at
tendance.
During the entire day and evening the streets were
thr ~ geo with an innumerabe host of men, women,
an children; yet the utmost order, far we no
tic prevailed, and but few instances Of intoxica-
tioD same under our notice.
The sympathy of the neighboring cities and towns
on this occasion 80 interesting to Boston, unver
sal The people, apparently were all with us, to join
all Of the adjoining cities and towns the stores
closed and business was entirely suspended through
The day was delightful; and everything passed off
without accident fF hear, and by ten o'clock
soon after, the crowds had entirely disappeared
from the Streets and soon the city became quiet
on any ordinary occasion.
Law Intelligence.
CIRCUIT COURT, adjourned term, Oct. 27.-Before
udge Maynard - Gilbert ct al. Us. Conkhn-Sealed
srdict this morning.
SUPERIOR COURT, Oct. 27.--Before Judge Wander
p el-Vicsin e. Co. ps. Smith f. Henderson.-This
cause is adjourned to to morrow morning, when it will
be given to the jury.
Before Judge Sandford.-Childs ct a. Us. The Sun
Mutual Insurance Company cause given to
the jury this morning who soon after gave verdict
for plaintiff for $500 dollars, the sum claimed by the
plaintiffs.
UNITED STATES CIRCUIT CouRr.-Before Judge
Belts Oct. 27-Ki, kman ps lBuckham.-Seaedv verdict
In this lcause to morrow morning.
CouRr CALENDAR FOR THIS DAy.-Circuit Court
September adjourned terM-the same Calendar yes
terday.
fore the Recorder, and Aldermen Libby and Crolius.
The business of the Court despatched with expe
dition thi. morning The Judges, after hearing
30 complaints put of the long trials until next Tues
day mornings sent some half dozen disorderlies and
petty thieves to the pententary and city prison. and
then adjourned Tor the purpose Of attending the fune
Of Hon Dixon III. Lewis.
James Austen was convicted of assault and battery
but remanded to prison till Tuesday, when he will
appear as the witness for the people against James
Decker and VIM Wilson, on q cross complaint.
PATENT CAsE-CRcuT CouRr OF THE UNITED
STATES, FOR THE NORTHERN DISTRICT OF New YORK
Wihiam y. Many VS.. Ira Jaeger, William u. Tread
tceH, and John s. Pery.-This an action in the
case. broug ht against the defendants who are iron
founders in partnership in this city, by the plaintiff
as the assignee Of two patent rights for an in
tringement thereof The first Of these patents was
issued March II, 1885, to Truscott Wolf Dougherty
for improvement in the mode Of making cast iron
wheels for railroad cars, with chilled rim, and solid
hub connected by two curved plates convex out.
wards end the other inwards the wheel all cast in one
piece the curvatues Of the plates providing for the
OF the iron in cooling without of
the plates the other patent was issued to William w.
Penne the Sth day of February, 1899 for con-
structon and combination of like Wheel cast in
piece, with two curved plates from the rim for
part OF the distance towards the hub then uniting
extending in single plate to the hub, which was sup
ported addition to the plate by brackets formed in
the casting The plaintiff, Many having purchased
defendants for an infringement Of them, by making
and vending cast iron wheels for railroad cars COM
prising chilled rim and solid hub the space between
the hub and the rim being occupied instead of plates
by two concentric solid rings, between which inter-
yenes hollow ring, and having around the hub
nular semcylindrcal hollow space the metal in
closing which space extends from the inner solid ring,
and rests each end of the hub like the abutmsns
Of acute lancet shaped arch and which wheel is
also all cast in one piece. OF this last mentioned
wheel the defendant, Treadwel, claims to be the in
ventor The trial CONNIE need on the 18th and termi.
iuAt
Previously to the trial, the plaintiff abandoned any
claim founded on the Pennel patent. The court be-
ing called on to put q construction upon the remain
ing patent being that granted to Truscott Wolf and
Dcugherty, and generally known the Wolf patent
decided that the patentees did not therein claim to
be the inventors Of the RIM the hub or the curved
plates of their wheel, of any other part parts
separately nor the patent for new com
individual thing to which decision the counsel for
the defendants excepted. Numerous other legal
points were taken on the part Of the defendants
atDg to the tufciency of the specifications in the
Wolf patent, the patent being only an improvement"
consisted or to stngui.h the Wolf wheel from those
OF similar character pre- viously in public use and
ating to this patent being broader than the nto
and therefore void Upon these latter points the
court made no decision except embraced in their
general charge to the jury which too long to
init Of air abstract thereof being inserted in this
The trial resulted in a disagreement of the jury,
who, after having been kept out about eight hours,
discharged three Of them being In favor of
dict for the plaintiff and nine of them for the defen
dants.
The nine jurors who we're for the defendants all
agreed on the two following points,
First that the wheel Of the plaintiff called the Wolf
Wheel was not essentially different in principle from
and were in public prior the alleged invention
Of the said Wolf wheel, and that the latter was not
Second, that if it were, the defendants wheel wa,
substantially different from the plaintiffs, and
infringement
INTERESTING LAW CAsE-CIncUIr COURT, U. s.
81 pnf H.. ~, "a. t.
ejectment fer farm Of about 146 Of land In
Bethlehem township, Northampton county, valued at
about $l2 0C0. The plaintiff who Is the only heir Of
Peter Miller late of Easton, Pa deceased, alleges that
the resduary devise and beluest in the will of the de-
cease d. INVALID being attempt to create per-
petuity, and not having for its primary leading OBJ
ect any charity. The testator after minor be-
quests bequeaths all the residue of his real per-
sonal estate in trust but exactly to whom it is given
in trust is by certain and ferns one Of the
questions in this He declares that Of his
real estate shall ever be sold, but the rents thereof
after deductipg repairs and the whole Of his
property ehali be loaned to farmers and mechanics
purchssDg property, who may find it inconvenent to
and mortgage productive farms, houses and lots
made safe by insurance. and the interest and dividends
again loaned out In like manner and In 1t should
happen In the lapse of time that there should no
applications to borrow the said fund-and the same
be likely to remain Soft the amount unemployed
would safely justify the undertaking and mechanics
and others should be in want of employment then the
income Of the said fund shall be applied the erection
and maintenance Of asylum in Easton for poor and
iho'BcH1 WiuoWs anu eihBie WOmeu Iue JebtotOr6
estate is estimated at from 100000 100000 Sup
posing 1t TO be worth and te be faithfully ap-
Piled to the purposes Of the WILL If the law would per-
init it, in hundred years 1t would amount to above
$s4 ,eC0-ths at per cent would produce in
come OF about five millions of dollars and the capital
would absorb all the moneys and property directly
indirectly Of the county OF Northampton, and half
dozen adjoining counties The principles involved in
this case important to the public the
in controversy 10 to the parties concerned The whole
doctrine of perpetuities charities, mortmain &C., will
no doubt, receive full and elaborate discussion from
the able counsel concerned and calm and deliberate
consideration from the learned jurst before whom the
case 10 tried.-PhH North .dmerican, Oct. rs.
Military Intelligence.
FOURTH REGIMENT UNITED STATES INrANrRy-This
gallant regiment, which has been much distinguish
ed in the late Mexican campaign, is now embarked on
board the Crescent City, from New Orleans for this
city and shortly expected to arrive. We pleased
to learn that one Of the gallant officers attached to
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