The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-18

which he nut in the drawer these marked pieces silver
we're su equently foun Ia the trunk Il the accussd,
who was arrested and CON wtted on oosrge
Of larceny The defence set up that the accused
took the money from the drawer but replaced them
with snail change, which wanted for the purposes
Of business The jury rendered verdict ofguty bat
ded the prisoner the mercy OF the Court
Ju5gme in the and the prisoner
allowed to 60 at large promise Of good behavior.
Henry Williams was put upon his defsn,e, charged
with obtaining block and some cordags from Gautlsy
West streets by means OF false representatives The
not made ont, and the Court Instructed the
jury to ind . verde, Of scquittal. The was,
therefore, thus disposed Of and the priaoner set at
liberty.
Case of .4ssaui, and BGttery.-rrederick Foltu was
beating Sarah Irving, of IA Ridge street, in August
lsst The complainant, Mrs Irving. testified th 1t
the p.,opsr We: placing lot Of furniture on the
gust last when be Foltz) was attacked by dog be-
longing to her husband The dog was muzzled and
admire the canine attack and repealed It, On this,
according to other testimony, quarrel arose. hard
names passed freely between the parties and we're
finally succeeded by blows which commenced BY
the complainant The husband Of the woman now
came out and attacked Foz with poker, and 10 re-
BY the prisoner hitting Mrs Irving in ths1et eye and
thereby causing her to lose the sight oft. The Re-
Tn. ay ns
to agree the Court left them in charge Of oicer
and sdjeurpsd The verdict Of the jury rendered
at late hour. They pronounced the accused guilty
CorRr CALENDAR THIS DAy.--Co PIeas-Part
i Nos 1l3, l2l, 49, 1875 49, l29 49, l33 1856, 1877
Part 2-Nos 1870 1874, 8 81, 1885, 1888, l4a ia, l4s 2o
A motion calendar will be made out for this Court
next week. MIR. Justice Edmonds sat to daY In the
room formerly occupied by the Vice Chancellor, and
heard fome special motions.
CouRr OF APPEALs-November Term lVedn esdav
Rorsmber 15.-No. 1l-Cheny Amidon, surviving ad.
ministrator Of Philip Van Cortland deceased ct al
avSta uovru AL
Samuel Judd, deceased respondent. +. w. Leaven-
worth, attorney for appellants. Lawrence & Sabine,
Of counsel for appellants opened the argument of this
cause. Judge Jas. R. Lawrence was heard for
epondents. Mr. Geo +. Comstock closed for appellants
No. l2-Wm. X. Blair, appellant, Stephen d Dill
lsye respondent A. C. Grswold attorney for appel
liant Sed~ick Dillsye attorneys for respondent.
This cauee reserved No. 13-John Green appellant,
Calvin Hail. respondent. E. J. Richardson, attor-
pey for appellant Mattsson Doottle, attorneys
respondent. Exchanged with No 10, and to be heard
ALL appellants, Robert NJ Seymour ct al, respond
snts. H. II. CoExens attorney for appellants. H Har-
been motion made to dismiss appeal In this cause,
which has not a. yet, been decided No 15-George G.
Tsllnan, plaintiff In error. Samuel B. White, de-
In Noxon Lesvenworth, attorneys for defend
ant !. error. Mr.. Ward Hunt opened the argument
Of this cause and at oslok P. NJ, had not finished
-Syrseas Stsr.
Tn GRsAr LorrKRr CAsr-HUpsoN County Cir
ouir counr.-Chsrles r. Dursntps James G. Gregory,
sDs -, James 9: Gregory and others. These actions
brought the statute for the suppression Of
teries the penalties ($2 600 each oenoe
for drawing lotteries In Jersey City The defendsnts
argued In the Esssx Circuit In Newark in June
last, BY Gov vfoom and b Williamson for defendants,
spd b. Asa whitehead and J. p. Bradley for plaintiff.
Chief Justes Green at the opening Of this present
nnst objection to the plaintiffs declaration VAS that
PENDANTS not authorized by any law ofths United
states or Of this state The foundation Of the objec
ton Wa this the New Jersey Law prescribing penalties
ton provdss that The act shall not apply to the draw
ing Of any lotteries authorized The court decided,
and not embraced IN tn. description or the osnos
the defeDdsnts must svsil themselves Of 1t, they
could By showing the ples that their lotteries
authorised and that consequently the declaration
sed not tale notice Of the provision. The second
and third objections were that the offence was not
isrity The dsei.rsio. s1piy stated that on certain
day, and ct . certain place, the defendants drew
lottery for money The defendants insisted that the
declaration should have described and named the lot
t.ry drawn; should have shown the manner In which
and the means by which It vas drawn,Sc But the
sasse. we're spmcisnuy explicit, and cited prsce-
cent frsm the Srosn Circuit coupanion, founded ON
% 10 tina. Ii. s not =.
lego thu, the action t was =. action Of debit accrued
10 the plaintiff for the use cf the county Of Hudson
In the Introduction Of the slsraion alleged
that the plaintiff, for the use Of the county Of
Hudson. brought his suit although in the body
action accrued to the plaintiff The court held
the declaration sufficient. The fifth objection in
one Of the quits against j. q. Gregory and
othsr) that the several defendants joiutly
sued whereas, each II guilty 1t ALL guilty by him.
self and vas liable for the whole penalty. On this
point the Jsdg. sad that he had not been able entire
iy 10 satisfy himself and intiosted that he would be
pleased TO hear this point farther argued and give his
opinion thereon during the tsrm.-Jrsey City Teie-
srsph.
W. w. :. BIrss-We believe that il q matter
A.
point W W 4. Biiss, Of the y. 8. Army, 70 be Score
tsry Of War No valid objections can BE- made TO such