The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-06
Price vwn Cents.
their defsnce on h other branch Of u. cas. b. . II

uefonce on tns Otner Drancn OF Ca6o
TO The jury to say under Ill the circumstances whsthsr
plaintiffs INTENDED originally 10 dispose II tn. -four 1T
New orisa9. lhey did nof thog ~'re entit'.d ore-
cover iaiHe v4r1ies to.r,orrow (ths) mor1ing
UyrrEp srsrss DrsTP,cr CoURr, ~ AonsALrr,
Apyil Before Judge Betts - Pet>r NJ Don ID ~ ais
RE ship .qb,rfoyie tsr IA kls &c and n l,rao.,
claimant iAe hhri in this suit Hlei 20 recover $500
The bean Peter NcDonali, bis vito and six children,
aud one other person took passage in tn ship Aoeroys
which they paid fa2 aeslng Tn, t,rms of the cou-
tract were as folio each adult seerags passenger
Was TO De allowed co; Less than ten feet for luggage.
three quarts OF water each day duriag the ana
pounds Of bread per week, biscuit nour ostmsai
rice. or proportional quantity Of potatoes pounds
Of potatoes being pputsi to be equal 10 one pound
Of either of the other articles halt quantity
he biscuit and to be issued not less than veek
The voysge commenced on the 10th Of December
ard continued for sixty nins day, at III. end Of which
soou after the vessel sailed mss.r rhomss Jones
refused 10 furnish them with tho provisions contracted
The clamsut fled his to the libel Stating that
We chartered the vessel to William Quse who after
yards chartered ne to shaw CO tyspOo and
mspt OF provisions snouid be tsknn on board That
after the charter Of tins vessel to Shaw Co, be claim
ants liability ceased, and that they assumed the duty
ofprovdny full complement OF provisions and all other
necessares for stserase passengers that NJ. Wilson,
who command OF the vessel whsn she char
tered to Quale vas removed by shaw Co and Jones
put In his place and that after she chartered to
shaw & Co he had control tia ship, pAssen-
gers provisions &c and therefore insists that the libel
should be dismiss d Judgment reserved
CouRr OF OrEn AND TERMINEa. April : Before Judge
Court organized, and Immediately after adjonrasd no
business being ready.
Is CHAMpEas-Bsfore Judge Vandsrposl-In the mat
ter Of the pstition of Lydia TelierHobsas Corpns-In
this matter Mrs Teller presented petition stating that
she married Alexander H. Teller her present husband In
s45 that afser and they have
since lived separate and apart that IN March last he
to her residences and orcby took away her da0eh
ter girl ofs year: Of age which shs had By former
that writ OF haoeas corpus might isu directed TO tho
said Taller, com mandpg &c. This prayer Of the
.taAa nA al hiu
norning; but Tho case was postponed until Friday next
Some curious revelations viii BIS made on the hearing Of
this case
COMMON PLEAS, IN BArco.-DEcIsross-- Morrison ct
al. eds. Osmdn-Judgment for plaintiffs on demurrer.
Bristol adsm Scri6nor-Vsrdict confirmed with costs
armstrong ads MSgne.-Aotion denied without costs.
Diek,n,on ps f1ompsom a ai-Motion g.anted on
payment Of costs and also OF all costs the writ of
ror provided defendants stipuase 10 abandon writ Of
error.
Pearce ads Traders Bank of Newport, n. L-Motion
granted without c9stg.
Farmer Us. Jones ct at-Motion denied with costs,
with liberty to renew motion on payment OF costs.
HoweH at al vs Brooke, ct ai.-Motion granted to
turn bill Of exceptions provided plaintiff in ten
days such bill defendant and pays costs of op
Rushton ps Cocker Motion granted, unless painti6
within four days proceed to settlement OF and psy
Before Judge Ulshoeffsr Philip H Fu,man o. Peter
praft-This was action of trerpass The defendant
% physoisn and was called In by plaintiff to attend
him in his illness Hc accordingly attended snd pre-,
scrbed for him for time but subsequently declined
to have eny thing to do with him. The plaintiff al
lees that he put to considerable loss and
nsnce and seeks to recover damages for neglect OF
duty. Adjourned
COMMON Pleas, April 4-Bcfore Judge Ulshonsr-
Frman Paan Tho evidence in this cause WAS not
closed when the curt adjourned
COMMON Pleas, April s. Bsiore Judge UlshoeRsr--
Furma, Prats--This czuse hich spit brought
to damages from the defendant, physician for
alleged neglect of duty In having Withdrawn him
self from his patient given the jury to day Tho
Judge charged that byslcian when employed
attend patient, cannot afterwards withdraw himself
without giving due notice to the patient so as tire
latter might provide himself with smother physician;
bat by giving such notice he at liberty to withdraw
his ndance, and the patient maintain
action He also charged that II q patient negleots TO
comply with the directions Of his physician, and
does not take mis- prescriptions tho physicisn may with
draw without sntf.oticg himselfo en- action at law and
neglect himself his ply scian such case
the patient canno! maintain an action Sealed verdict
tomorrow, (this morning)
CoURr OF GENERAL SESSIONS, April 3 -Before Re-
corder scott and Aldermen franklin and Allen. John
MKson, Esq. District Attorney
At the opening of court his morning, tho follow
ing named gentlemen Grand Jurors for the
present term, viz JOSIAH Rich, foreman Theodore
Banks. Joseph Gloss A. b Davis John B. Gsssuer Ar
chibald Hall John Jackson Henry Keyser, George Nor
gan, James 8 Oakley John II. Paa WIN sherwood, 10
seph w. Savage, NJ. s. Mesher. D. l. Carpenter Henry
Frost, Henry Barnard, and Andrew Nelson.
After an excellent charge roI his honor the Rscor
jury retired TO Oommsns. their duties : "''
Trial for Grand Larceny Michael Frank, indicted
for having tho 27h of February last stolen sls7n
The evidence adduced tue part Of tbs prosecution
failed to connect ths accused With the commission Of tho
larceny. Tho jury reDdsfra verdict OF not guilty
The court then adjourned untl tomorrow morning
CoURr GESKRAL ssssIoS,, April b-Bsfors Re-
oorder SCOTT and Aldermen Lawrence and Crolius.
John McKeon Esq District Attorney.
Reeosnizancs Forfei ed.-ffenry sad William Smith,
indicted tor grand lareeny Michael Kelly and John d.
Conkln indicted for aresult and battery, falling
swer, when called for trial their we're
clarrd TO be forfeited.
TRIAL for Grand Larceny -Corneliu, BrinckerhofY
indicted having stolen 800 gold silVer
tho vault the Leather hIanufiosurerS Bank,
VAS then called to trial The accused was for period
OF rne employed porter in the bank aud
tanned excellent character until the month Of July
LAST when tbs officers Of the bank overhsuliDg the
boxes specie in the vault discovered that OF
s2 900 missing and that upon using the porter
of the bank with taking the money he made some &C
time stating that s bis intention to restore
the full amount to the bsnk and finally, through
the interference OF his friends did make satisiac-
tory statement with tho precedent and directors Of the
The Grand Jury however fou nd true bill Of in
tn. besinnins Of tbs last ts Of this court. he was
placed upon his trial; but owing to defect in the in
dicmen caused BY the property described In the sida
vic taken ia the police court consisting Of bank notes
instead OF coin, the indictment was quashed new bill
found, and the accused again called TO trial. which
occasion The jury we're unable TO sgree upoa YER
Dict He was therefore, again put trial yesterday,
when resulted In the jury duding him guilty of petit
larceny only. Judgment deferred until Saturday morn.
The court then adjourned until tomorrow morning
CouRr CALENDAR THIS Day Circuit Corrl-Nos. IL,
SO e. "a a. So Q SO, o., o. 20, %, o. 20, 100 10
| 10 incu-vc, i67, ia Common Pleas 1853, III,
49, 379, 10, a. ~ lao, i42 lac lSo, iea lS4, 1888
90
Important Decision. I'm the Supreme Court, before
Judge Morse sitting IN Kings county.s motion
ade yesterday to set ASIDE judgment account Of
the individual who had been engaged attorney
counsel in the matter being coiorsd named Brad
ley whom argued incomp etent to such
the other hand II coateuded that the consu
tuition guaranteed 10 all, white eoorsd, the right
aotic- at the bar His Honor decided that ha II been
Intended by tho the constitution that all
OF good morals aud proper legal qualifications,
Of color thould be allowed to practice the Tro
of law H would have specially alluded 10 color.d
persons and that the motion set aside the judgment
in question 10 granted the ground thai Bradley
80. IL L. ..alta. "a Il.Aa