The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-15
U.nw Intelligence.

raltar May To- to leave in or two days Tor Cauz
law Intelligence.
UNITED STATES CIRCUIT CouRr-June l4-Betore
Judges Nelson and Betts-The United States Us. Jesse
Howl Ell al-The Court occupied the entire day in
the argument of demurrer in this cause. 1t appear
ed that the brought an action OF DEBT on
a bond entered into by MIR Hoyt and his snretes,
to which Dir. Hoyt pleaded judgment obtained
against himself in action of assumpsit brought
against him for the same debt. to which the United
States District Attorney demurred. Judgment re-
served.
CiRouIT CouRr-June 14-Before Judge Edwards
UiN Of Benjamin Taylor. John Doe Us. Richard Roe.
This cause was not concluded when the Court ad-
journed 1t is supposed it will occupy the Court for the
remainder Of the week.
SUPERIOR CouRT-June l4-Before Judge Wander
poel-Krdmp rs Barclay and iringston.-The argu-
ment for non-suit resumed this morning, and
nonsuit granted two grounds; first that the evil
dence did not sustain the allegation that PLAINTIFFS
agent gave instructions to Mr. Wilson, d PENDANTS
bookkeeper, to the policy of insurance; and Sc
condly that even If he did such instructions would
not be sufficient to bind the defendants.
John j. kingsford us. Nm .3if0n.-This was an
action brought to recover back part Of an advance
made 6i3 barrels of -four, shipped to Glasgow, in
lsi turned out that the proceeds Of the -four did
not realize the advanced, by nearly $1,000. The
defence that the advance made on the secu-
ry of the -four itself aud that it belonged to Faro
Caldwell and not to defendant; that the arrangement
was made for the shipment and advance between Zero
of the owners, and Mr. Wolfe at the oicc OF the
latter that defendant merely introduced the parties
that it was mentioned at the time that Faro Cad-
well the owners and that arrangement what
made with kingsford IL also shown that
the bill Of sale rendered by plaintiff was made out
account Of Il. A. Cionee from which fact 1t
tended that plaintiff agent and could not bring
an action in his own name ans that in either aspect
Of the case, Alton cannot be charged. Adjourned
Maurice IPsdiieis and Maurice Meyer as Chas Bon
ma and Victor de LGRnsy.-This was action Of
trover to recover the value Of four promssory notes
amounting in gross to the sum OF $1,000 The plaintiffs
it appeared. had remittance to make to Havre and
purchased bill Of exchange house there from de-
PENDANTS for which they gave the notes in question:
turned out that before the arrival Of the bill Of
chanes at the latter place, the drawers became bank
consent for plaintiff subject to the opinion Of the court
on question oflaw raised by defendants counsel.
Before Judge SANFORD Sylvester Clarke rs. James
". Tucker and John c. Lord.-This action of
trespass, to recover damages for quantity Of goods
seized in Philadelphia under 4 foreign attachment Ii
appeared that in 1876, man named Babcock was in
debted to plaintiff in sum of $4,000. and a a secu-
rity executed to him bill Of sale Of the goods in his
store in this city at about the same time Babcock
sent several of hats which the goods in dis
putc to man named Hester in Philadelphia, for sale,
upon which he received advance Of $500 and then,
he aledges assigned these goods to plaintiff subject
to the advance. Defendants. to whom Babcock was
indebted discovered that he had sent the hats there
procured foreign attachme mt under which they were
seized and sold The plaintiff was nonsuited on the
ground that the assignment was not proven.
GENERAL SESSIONS June i4-Sefore the Recorder
and Aldermen Carnley and Hatfield; John Mckcon,
Esq, District Attorney.
Trial of John Luitaken, for Arson, resumsd.-Mr.
Nash moved for the prisoners discharge at this stage
of the trial. the ground that the indictment was
defective ana INFORMAL because IL contained no
ment charging the arson against prisoner on the goods
that had been insura1 and that the words Of the in
dictment were explicit on this point, to which he
would take occasion to refer TITO Cosrt. The iudict
ment charged that prisoner feoniously Sifully and
malciously did Set fire to and burn certain building
belonging to him, Qhc prsoner) in which goods wares
mercha stock and chattels then and there
at the time aforesaid insured against loss damage
by fire. by a certain body corporate called the Pro-
tectye In surance Company, &c.r These were the ex
press words Of the ndctm which varied altogether
from the charge Of upon the goods that were in
sured His client merely charged with burning
his house, which he commended any man had
right to do. The statute read thus: " Every person
who shall wilfuiiy burn any building ship vessel or
goods. ha ndise, other chattel which
shall be at any time insured against loss damage by
fire, with intent to prejudice such insurer. whether
the be the property Of such person any other
shall upon conviction be adjudgcd guilty Of In
the third degree The goods were only insured here
Mr.. McKEoN, in reply, contended that the indct.
ment properly framed. inasmuch as II worded
precisely according to the statute.
The CouRr held that the District Attorney
right in his construction of the statute and the trial
continued.
THOMAS BARBER. sworn live in Leonard street; ]
know the prisoner; he is a OF good character as
far as know; never heard any thing against his
character: have been in the store since the IRE In
Leonard street; part Of the building was burned;
and part of the ceiling was blackened with smoke; In
my opinion the goods and fixtures Of the value Of
$500 Sl0o0 did not examine the house very part-
cularly
Cross-eromined By Mir McKros-I did not examine
the goods very particularly can't tell the exact va
ue; am in the brewing and liquor business prisoner
me n balance Of SIS
ELLEN STEVENS (colored) testified she wa. awoke by
loud knocking and heard man ballooing In an al
ley, and was awoke by It, the crying was ~ II some
choking the night wa dark; this was before
the police had called; man puting on his clothes
the time of the fire; live in the Of the building
the right the fence that is placed there
this was about quarter before IL O'Clock.
FREDERICK Cook testified lac heard the alarm Of noise
and cry of fire. witness corroborated the testimony Of
former witness TO the general cry and alarm Of fire
in the streets.
HANSAH SMITH testified she prisoner the night
Of the fro dressing himself partly in the street near
ker house. (witness) lives in the neghborhood
Prisoner asked her to take charge Of his trunk
to bis store. never knew him before, except seeing
him in his store
GEORGE JOHNSON testified that the combustible ina
terial found in the basket in the store. usually
kept there and sold the premises Witnesses as 70
prisoners good character examined and the cas-,
summing up on either side The court in charging
recommen ded that the jury find verdict in favor OF
acquittal if any doubts existed to prisoners guilt
The jury retired and not being able to agree die
charged.
Mary AnE simmons (colored) pleaded guilty to a
charge Of grand larceny and was sentenced to tive
years Imprisonment Mt in the State Prison. The court
adjourned to this forenoon at IL O'Clock.
Cousr CALEnpAR-This Day Circuit Cottrt-Same
"a Yesterday Superior Court2I 1i2, ga 70, "a, 103
80 2 So So 2s 292 255 1856 1885, 1862 16l 166 incu
sve 81 10 25 l07 So So los. 80 96 &c. 49, $50, 81
81, 80, eS 1O4 119, 122, 167 to 10 inclusive
Police Intelligence.
Ro5bing Friend Oficer McManus of the 9th ward
police arrested yesterday, by the Of John
In oh aarsf al