The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-14

he stood up and charged White with having twice lied
him, and struck him. The Court interfered and the
parties Immediately submitted to its authority His
Honor concluded by stating that if the parties had
anything to say, he was ready to hear them.
Mr. BOWMAN then and said. that with regard to
himself he had little to say; he not the aggressor.
his opponent had INDUCED in of CONNIE ntary
not warranted by the evidence, and he knew
that a portion of those remarks, aud which was
not the least CALLING were not heard by the
Court from the position and distance between his Honor
and Mir. White. There were certainly of the
expressions which his Honor did not hear-hs oppo-
nent had called him (Bowman) a 81 New Zealander'
ana charged him with keeping up an amatory CORES
pondence with negro wench and that during her OK
animation on the prosecutions out of which this trial
had arisen he (Bowman) had by mods and winks kept
up n communication with her. and caused her to
change or vary her testimony at pleasure none which
facts have been sworn to in this He would fur-
Their remark that during the trial he took very little
part in it. He neither opened the case, examined
witness or summed up the cause the whole OF ms
time was taken up in taking notes; yet notwithstand-
ing during the whole of the trial. he was per-
sonaly attacked by the counsel He had nothing more
to but submit himself to the judgment of the court
and bow to its decision.
Mr.. WHITE then and said, that he sorry such
a renconter should have taken place betwoenlhim and
the gentleman after short n professional acquain-
lance. 1t was true as he remarked that he (Mr White
had been commenting on the conduct of the gentle
man with some degree Of severity, but not his
duct during this trial Itswas on his conduct the
different prosecutions instituted by the defendants
against Carpenter. The remarks which he had made
IN reference to the negro woman Phebe Childs, were
playfully made and he believed the court and the
audience understood them; but there were other
circumstances connected with the conduct of the
gentleman which he felt it his duty not only
to his client, but to his profession, to comment
He then went on to argue that oil his remarks
based on the evidence in the cause and strictly
within the rules he said he regretted that the words
reached his ears or that he had not beef able
preserve his self possession. He then rendered an
apology to the court and added that having once vo
lated its dignity he would not be beggar for its mer
cy; whatever punishment may be inflicted on his OPP
ponent he would cheerfuly suffer the The court,
after making further remarks the conduct OF
and to be committed to the Jail of the city Of New
York until the fine paid. The fines were imme-
diately paid and the parties discharged
SUPREME CoURr-General Term-Before Justices
Edmonds Page and Edwards-In re Philip Walker
Walker, who is runner to cmigrant boarding
house, was committed to the Tombs, Thursday, by
Justice Lothrop for violation Of the emgrant laws.
A writ of habeas corpus granted Friday. re-
turnable this day. in order to give the parties oppor-
the part of Walker, it is commended that the act is
unconstitutional that the committing Justice Is not
bsraSors ms hs o. TINS city and
adjourned over until Friday next, and Walker, in the
mean time, remanded
SUPERIOR CouRr.--Bcfore Chief Justice Oakley
Henry c. Beals and John ~ Beach, Us. Roderick Ter
~ and Rodeick Terry, Jr.-This was action on the
case to recover damages for breach Of contract On
entered into contract with the defendants, of which
the following Is copy =" Fer value received, have
TINS day sold and agreed to deliver to Messrs Terry
-four mills Rochester, at SO per barrel, payable
on delivery of each parcel to be delivered option
IN all the month of june next in parcels Of not less
than 200 barrels each any variation from superfne to
be settled at the usual rates of difference New York.
ing Terry Co. assigned the contract and gave guar
anty for its fulflment to the plaintiffs in considera.
ton Of $46oo and an order Clarke and Coleman
its delivery Clarke and Coleman unable to fulfil
their contract, there being of the City mills
Rochester brand in the market the Both of June,
sought to recover the difference between the highest
price Of -four which was the 21st June and the
appeared that the day the contract maured Clarke
and Coleman called the plaintiffs, and offered them
-four Of quality equal to the City mills Rochester
but different brand, which they refused They then
offered them the difference between the contract price
and what would sell for that day which ass
declined. The plaintiffs proved that the 2lst June
the brand mentioned in the contract was selling at
So TO- One of their witnesses also that he had
500 barrels hand on the Oth June and that he was
offered So SO barrel for it, The defendants wit ssses
swore that 81 rs was the highest price that day.
The defendants counsel strongly urged that the last
fine to be settled at the usual rates of difference
dhed the contract 80 as not to limit Clarke and Cole
brand and that at all events it should be taken in
nection with the offer made by these parties to deliver
-four OF an equal quality, in mitigation Of damages
to take -four Of any other brand than that mentioned
in the contracts that in regard to the question of
they to be based the price of -four this
brand the 30th June TIL defe ndants had all that
day to perform their contract and whatever the price
of flour then was, whether much little, they, the
plaintiffs could not have more or less The jury found
that the price of -four the 3Oth June, So and
rendered verdict for plaintiffs for S4246, which in
cludes interest from that day
COMMON PLEAs-Before judge Daly-.qdolph rs
Edrl.-The jury in this rendered verdict for
defendant
COMMON PLEAS, May 13-In ACKNOWLEDGEMENTS
Beuren ct al BeckNonsuit set aside new trial
ordered with costs to abide the event. Fox VS. Hare
Motion granted, withoutcosts Wordsworth implead-
cd &C. ads Gae-MOtion granted to file security in
thirty days defendants costs to abide the event Ket-
talas ads Bradley-Moton to lay to next Friday
Mt 10 A. NJ defendant in the mea ntme to a new
copy of affidavit which the motion was founded
and plaintiffs proceedings, in the meantime, to be
stayed. Hatzenstern ads Butse-No opposition being
made the motion is granted with liberty to plaintiff
to stipuate on payment of costs Corbet ads Nichols
Motion granted on payment of costs of inquest and
subsequent proceedings, and of this motion, and on
which plaintiff may put cause on calendar Spies
ct al VS.. Duggan-No opposition; motion granted
event. Coffee ads Carmichacl-No opposition being
made, the motion is granted with costs with liberty to
paintih to stpulate on payment of costs Sumner vs.
Hale-No one appearing to bring on the motion, the
same is dismissed with costs of opposing Bertha nd
ads Lovegrove-Motion denied plaintiffs costs to abide
the event; plaintiff may put cause calendar for the
charge defendant. finding common bail. without
costs Morrison ct al ads Osman-Motion denied with
costs; defendants may renew other afdavits If
advised Law and others ads Mis-Report of referees
set aside and cause to be sent back same referees
unless the parties agree to the for others
CouRr CALESoAn-To-morrow.- Circuit Couri--Nos
" Is to 81, %, rs, 257, 1888, L. $40 Common Pleas
Part L. Nos. l. 3, Z, 0, II. 15 II. TO- 33, 81 Part
Nos. 2, 4 9, IL, g. II, 16 20, %, 2i-two courts
Movements OF Distinguished Individuals.
Cen ScorT.-The N. o. Delta of the Sd inst says :
We heard yesterday that orders in this which
would probably detain Gen. Scott in Mexico longer
than he expected Those orders relate matters
before the Court Of Inquiry which will have to in
yestigatcd in Mexico 1t was originally Gen. Scott's
intention to proceed Immediately from Vera Cruz to
New York. by sea- and to avoid much possible all
public parade and display. But there steam
ers in Vera Cruz, destined for Now York he will no
doubt be compelled to come to New Orleans without
wishing to thwart any of the brave old Generals de-
sires, we cannot but rejoice the accident which
will enable New Orleans to display to tho laurclled
chief the deep gratitude and warm admiration which
they entertain for his splendid services
Gen. Twiggs left Philadelphia on Friday for wash
ington. A dinner was rendered to him In the former
city, which he constrained to decline on account
of business which called him hence
Inn thc . Mar az boax