The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-03
Law Intelligence.

UNITED STATES DISTRICT CouRr, August 2-Before
Judge Belts Samuel Browns, ibeiiant James Long,
reo' dtnt-It appeared thai the libeant shipped on
board the brig Enterprise in the month Of May last
Baltimore, on voyage to the West indies and back to
New ork as a sailor. The libel alleged, that after
bela went on board he gave to the respondent SAL
10 be by him conveyed to New York and that he failed
to do the same, or to refund 1t to libeant. The
spoDdents advocate moved to quash the libel two
grounds first, that it did not appear by the papers
that IL was q maritime contract the contrary, il
sufficiently appeared that the money deposited
with the respondent for safe keeping without remu
neIaon and not to be conveyed to this that place
that according to libellant's showing he had
ceived part Of it back and that at most
could only be considered in the light of naked baee
and If The libellant entitled to any redress it
at common law in of the State courts he there
fore commended that maritime contract not made
out and the court had jurisdiction. The second
ground was. that respondent had sworn by affidavit
that he paid the entire Of the deposited with him
back On the other SIDE ii insisted that this
an unprecedented application; it calling the
court TO try the on the merits on the affidavit of
the respondent His honor said that If 1t appeared
the face of the libel that he had not Jurisdiction he
bad no alternative but to dismiss the suit After
further discussion between the both Sides
leave was given to amend the libel and the motion
be renewed at a future day.
SUPERIOR CouRr, August 2.-In Chambers Before
Chief Justice Oakley-In Philip Henley Jr.--Ha-
beas torpus-ln this case 1t appeared that in March
last, man named John Cominsky marreda woman,
named Virginia Waller, or Warning; that before her
marriage she had illegitimate child by Philip
Henley; that soon after the marriage she left Comm
sky and rs he alleges went to reside at improper
fent the cblld TO another mousse, which he
also alleges to be house Of bad repute. Upon these
facts writ of ha6eoS corpus was granted to Comm
sky directed to the persons having the custody Of the
ctnd, commanding them to bring him before the
judge The parties appeared this morning; Philip
Henley, SEM his reputed father, also appeared in
court and claimed him as his son. Upon hearing the
facts the judge held that Cominsky had claims
Whatever, and dismissed the writ. The child was
brought into the judges chamber; he appears to be
about two years old.
CouRr COMMON PLEAS, August Ain Chambers
Before Judge Enthusiastically the matter of
.fdoU NgD-Some two or three months since It ap-
peared tn at Naf laborns undera certain disease
and applied to Of the Justices to be committed
Blackwes Island. in order that he might be cured
The justice committed him vsgrsnt for six months
Upon being Effected he caused writ of habeas
corpus to be Issued to have himself discharged. Upon
hearing the facts, the judge ordered him to be
manded.
Discharged-Edward Mathews discharged from
the UDted States army, being at the time Of his
lhtment and sim, minor. John Jones, Edward
Leach William Psinter, George Johnson, John Wallis
Henry Johnson. John Barry and Thomas Morgan,
were also discharged from the IT, s. frgate Cumber-
land, on the ground Il minority. We understaud
there 100 others to be discharged tomorrow (his
mornipg) on the same grounds.
MAyo INpicrED-It is stated that indictments
have been found by the United States District Court
during its late term at Chicago against Mr. Fennet
the Mayor Of Galena, H., for resisting the United
States Marhal and assisting In the escape of an Irish
man, charged with the commission of n murder in Ire
la nd and arrested under the treaty between the Unit
ed States and Great Britain.