The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-04
pets Of the books, and the Inspection take place
snder tbs sup rvision Of the com missio nsra.


Verdict for the plaintiff $3.50 .+..-,-
CIERK or The SvYERI,R CouRr. - David Floyd
In Esq formerly State Senator. WAS sworn In this
morning Ckrk Of the perior curt, in the 81
tne isfe jesse Oakley. Esq We understand that the
the Superior Court now judge OF che Supreme coort
but he declined 1t Upon which. it was given to Mr.
D. Jones the present incumbent.
CovRr OYrR AND TEaMIrER. Oct 3-Bsfore
Justice Strong and Aldermen Croius and Dodge =
The of Gilhooly indicted for the murder OF
Anthony Sherrotan was called on, aud postponed until
writ OF hab,as corpus and certiorari was granted
in the OF Charles Goerck indicted for burglary
to bring him before the Court, to be discharged.
The Court then adjourned.
COMMON PLEAS Oct = Before Judge Daly.-Henry
w. Hope and William Blake rs. Thos Z. Banks -
This was an action trover recover the value of
certain quantity of goods owned by plaintiffs, and
alleged to be converted by defendant to his use
IL appeared that the plaintiffs manufacturers OF
lamps, retidtng in Boston, and in the habit of
sending them to their agents in this and cities.
for sale, and amongst others to the 1rm Of Cotheal
1916, the firm Of Cotheal L. Co dissolved partuershp
having at the time of the dissolution large stock Of
plaintiffs lamps on hand. An arrangements
tered into between Cohea Co. and the defs ndsnt,
(the plaintiffs consentng) that the former should
transfer to the defendant the lamps of the plaintiffs
then on their hands uDsold and that plaintiff should
send further supply all to be sold com mission.
Defendant carry business In the store the lately
occupied by Cctheal Co defendant TO receive q
tain per entage the profits In pursuance Of this
arrank ement defendant Took possession Of the
in the month Of May 1916, and continued to
he failed having, between May and October, received
consignments Of fresh goods from PLAINTIFF Soon
furpi.hed, and the pintids alleged that there were
considerable quantyof the goods unaccounted for.
To recover the value q these goods the aston
Is brought. After plH5nl life counsel had closed his
nonsuit Ked for the ground that there
was no evidence Of a conversion that, therefore,
trover did not lie and that action the
the proper remedy The court took the view,
and granted the nonsut.
William b Withheld VS.. Edpard w. Phelps aud
ia M WI n for ods oil
and delivered. The plaintiff is lumber merchant,
and In the year 1s46. consigned cargo Of shingles to
Mr. B. Benton his factor in this city, for SALE Soon
after the arrival of the shingles, Mr. Benton took
sample to the desndants yard, and sold to them fifty
thousand at $ll thousand at the time giving
order the captain of the vessel deliver them
Twenty thousand delivered, when the defe ndants
hvered were not equal to the sample, and that they
would rot take any more unless they allowed to
GULL Benton, after rome hesitation agreed that they
should Gull Them and gave an order on the captain to
deliver The remainder delivered and in a few
days after, Mr.. Benton called and ascertaned that
they cuIled that there we're about $4,000 good
shingles and about inferior Ones the latter to be
sold at half price. The goods sold three
months credit; and when the plaintiffs agent called
for payment he alleges that the defendants denied
having purchased the shingles; but that they were
sent TO their yard storage, aud that he might have
that the original agreement was rescnded ard that
the shingles sent to tho defendants yard and
Kept mere on storage ana INA. pia'nsh might nave
morning.
GENERAL SESSIONS, October 3d-Before the Recorder
and Aldermen Deforest and Hatfield.
TIE GRAND JURy.-The Grand Jury Of the Court of
Sessions for the term in and received their
charge from the Recorder. The following the
L. Smith, foreman; and Peter j. Bogart, VIM Bsulch,
James H. Cook James Fsress, Edward Green, Charles
ssRson Nehemiah Miner osp Russell Josepa
Tice, Joseph Weed Jas. Blauvelt Ira Burdge Peter
G Cortelyou. Henry NJ Carpenter, Arrest Fink. Viii.
liam Gale George Hergrove, Alfred f. Lagrave, Daniel
G. PentZ, Jurors.
Outrageous assault NTH Brick.-A large negro,
with having, on TIE 10th p Of July, " Committed
an assault upon little girl named Margaret
.5s a. as
above date, prisoner was in company with another
black man, when they passed window, at which
passed between them when prisoner seized and threw
brick which struck the child the head, causing
life Browns only defence was that he did not intend
to hurt the girl but only to frighten her. She had
called ont /" Niger Niger as he and bis companion
passed, hearing which, he threw brick which struck
her on the head and caused the injuries mentioned.
The counsel for the defence ndeavored to show that
his client of peaceabe disposition. and that his
intent was not to inure the girl The District Attor
ney stated in answer, that there abroad danger
GUS spirit of rowdysm and reckessness in the matter
the Of dangerous and missiles and that
he, in duty bound was determined to urge the con-
viction of persons offending against the law and
after short absence returne verdict of guilty of an
assault only. The prisoner was then remanded for
sentence.
Forfeited Reco s-Lassalo Chandor indicted
charge of obtaining money and goods by false pre-
fences being called, and not appearing his recogn
George George ottie and Henry spindier and William
Thompson, indicted for assault and battery, the
latter with intent to kill.
colored next put on his trial, charged with steal
ing $50 80 from a colored man, named James Titus
testimony of Titus, that he and the prisoner had
been shpmates some two years SINCE and on the day
of witnesses arrival here on the day before the rob
berry was committed, they again met at 1855 Church
street Prisoner seemed very glad to see witness, and
the next day they took cab and went to several
places where they eat oysters and drank two bottles
Of champagne paid the same and had $50 59left; but
going purchase clothing found that he had been
robbed Of his money As it appeared that Titus was
drank after he had mbibed his share of two bottles
Of champagne, it was believed by the jury that he
could hardly know who stole his money and hence,
they without leaving their seats gave verdict of not
guilty; and 30 Stoughton was discharged
Charge Of Reeeiring Stolen Goods-James Sullivan
property, knowing the same to have been stolen Sui
Ivan keeps junk shop in the cellar of No Depeys
of tobacco was stolen by black fellow named VIM.
Dey from his employers Messrs. Alfred Emanuel& Co..
No lag Dy % to 5hs nl%
snyth Ss he night bring Mr Emanuel ana partner
ssa
scrpton Of that which they had supposed be stolen
The jury found him guilty, and ne was remanded for
sentence. The Court then adjourned till IL O'Clock
TO- morrew.
CoUhr CALENDAR, THIS DAY.-Circuit Comt-Nos:
81 to 49, So to 40 inclusive Superior Court-21 81 81
A. 81 So 43e CO to g. H. 49, "a, rs, ~ 49, 70, 49,
s4 So 90 to OF, 100, 10l. Common Pieas-Part l. TO-
$685. III % ~ 90 49, 81 49, 80 Part AZ 49, So ST. 81
2o6, SO, 5S, 60, 60, o., &C 6s, 70, y.
Political Intelligence.
OHIO.
II. p Ranney is the democratic candidate for Con-
grees in the Trumbul district.
NEW YORK.
The wings of Onondsga have nominated for member
of Congress, Daniel Gott.
MICHIGAN.
The wings Of Michigan are making excellent nomi-
nations. George C. Bates IL up Cor Congress in the
L. In hird