The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-09
L0Xy lntellluence


SUPERIOR COURT, Tuesday, August Sin Cham
bers-Before Mr.. Justice Sandford-In re Edwin Hay-
ward.Charge q False Pretenees-IHayward: a resi-
dent OF this State brought up this morning by
writ Of hdbeas corpus to be discharged from custody
under the following circumstances On the 9th Of
October last he procured from the firm of Hampton,
Smith and Company, dry goods mere hants of Phila-
dephia, goods to the amount of $780, but what the
particular facts connected with the were
did not distn city appear The firm of Hampton,
Smith and Co. afterwards charged him with having
obtained them under false pretences upon which they
syvania. One of the partners of the firm then made
an affidavit, stating that he Hayward, was charged
with felony and was fugitive from justice laid the
latter issued warrant, under which Hayward was
arrested and committed Counsel for the accused
proceeding to go into history Of the entire trans
action to show that his client could not be detained
and argued at some length in the support Of that
courses but the judge intmated that he would not go
behind the affidavit upon which the warrant to appre
bend was granted; it was enough that 1t contained
sufficient to authorize the justice to issue the
Counsel then contended that the affidavit in
sufficient nasmuch the charge of felony not set
forth with sufficient precision, the affidavit only stating
that Hayward was charged with felony in the State
of Pennsylvania the oath of some third party with
out stating the names, SC, of such party,
stating Hayward in that State These
the two principal grounds upon which his discharge
was sought. Counsel for the firm Of Hampton Co.
replied and insisted hat the affidavit contained d.
rect and positive charge of felony under the laws of
the State of Pennsylvania and that was sufficient for
n preliminary commitment and examination. The
case is adjourned to tomorrow, this morning0 when
the decision ofthe judge will be given.
COMMON PLEAS, IN CHAMBERS Aug S-Before Judge
Daly-Remanded james Baily one of the crew of the
s. frigate Cumberland, was brought up by habeas
pus to be discharged, the ground of drunkenness
at the time of his enlistment The evidence not be-
ing sufficient, he was remanded.
UNITED STATES COMMANDMENTS OFFICE, Aug. s.
Charge of Assault and RepoH.-George w. Browne,
first mate of the American ship Iowa. was arrested
this morning charge of striking of the sailors
with dangerous weapon, and attempting to create a
revolt. lie held to bail for examination.
SPECIAL SESSIONS, August s.-Judge Daily, of the
Common Pleas presided at both the Special and Gene
raj Sessions No case Of interest occurred in either
motion was made to have the trial of Baxter, the
pickpocket postponed till next term This refused
by the Court and his trial goes first this morning
MARINE CouRT, August Before Judge Smith
Robert Browne Joseph p NeWness-This was an ac-
ton by seaman for assault and battery, commit
ted in the port of Para by the defendant who mate
of the brig Ferefogo. 1t appeared the plaintiff shipped
board the said brig "a Brazilian vessel in the port
ofN York to go to Para and other ports and
places Bra z and thenc- back to the port Of York
While in Para owing to some diffic ulty betwee the
parties the defe ndant violently assaulted the plaintiff
with o dangerous weapon and attempted to take his
life The defendant pleaded justification the
ground that he struck first, and that he usti-
ned in all that he did afterwards but entirely failed In
the proof The question then raised to the ju
risdiction Of the court Defendants counsel main
tsiped that the court had jurisdiction the vessel
berg foreign vessel, and the defendant Brazilian
subject and not discharged To this plaintiffs
sci answered that his client American citizen
that he shipped in this pert and duly discharged
and that as between the parties the broken
up and relation of mate and seaman longer existed
and that the count had Jurisdiction else there would
be denial justice Judge Smith held that the court
from the vessel and gave judgment for plaintiff for
5000 damages.