The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-16

MOEd2y evening VERDICT " Death by luro OF tie
right aurico Of ths heart " The deceased had on,
when found, black clsth overcast grey pantsloons,
and boots In one of his pockets soms lottery
lioies.
Law Intelligence.
CRcuIr CouRr, Feb. 10 Before MIR Justice Strong
Champiin u.s. HauJIin and Rsess.-This cause was re-
sumed this morning. Mr. Hamblns counsel opened his
defence He began by stating that his client led
into the present difficulty from the purest and most
benevolent motives. That the plaintiff had been trea.
the Bowery Theatre for some years previous to
that Mr. Hambn had, thought he had found
him to be honest and faithful and that he took
particular interest in him that about this time from
cause the plaintiff became low spirited aud scky
that the family physician (Dr Reese had called upon
sir; Hambiin aud stated that psintif was laooring
under temporary arrangement that II he wss left &C
large he was liable to commit despsrats act, either
to himself to other person. and advised that he
curnstances Mr.. Hsmain accompanied DR. Reese to the
police office, and joined Ia making the affidavit upon
that plaintiffs in his opening had STATED that
Hambn had procured the conveyance of some 900
had advanced: and that it was with view of ntins the
plaintiff out Of the way that Hamblin mi Int become
absolutely possessed OF the entire Of said property In
that Mr. Champn would II he survived his mother, BIS
entitled to very considerable of property and
that he had rome previously to lS4O made !mpru
dent conveysnces of it to different persons that subse
qusny he Instituted suit in the Court of Chancery TO
set aside those conv yancss that MIR. Whiting was
called in plaintiff. Counsel to argue the case;
that upon examining tina papers, Mr. Whiting found It
was doubtfal whether ths paiatif would succeed IN
setting aside the oonvsyances he advised compromises
and he accordingly waited on Mr. Dudley Selden, who
had the management of the cause for the parties
otherwise interested; entered into negotiation
with him, and 1t was finally arranged that Mr.. Selden
would accept So and reconvey the property to Mr.
T. smpliu.e Mr. Whiting communicated the result OF
tn negotiation to Champn, and asked him who would
advance the money. Chsmplin replied that Mr. Ham,
he consented to advance the SIS AGO. did advance it.
and took conveyance OF the whole of the property SIS
security for it, and it was also agreed that MIR Champn
should insure his life further security, although he
did 1t The learned counsel went on to state that
this act of benevolence and generosity on the
part of Mr.. Hamblin which deserved very different
return at the hands OF the plaintiff e then went on to
state the proofs which they intended to adduce to show
that Mr. Champlin was in April ls4o, laboring under
Dr.. REssK next opened his defsucs. He said he was
s iis
complication Of dsorders that his nervous system was
completely deranged and that during bis connection
with the plaintiff his family phycisn he behaved to
him in the kndest manners that the first ntmstiou he
had received Of the state Of plaintiffs mind, in April,
Saturday a witness) who called at his Dr. Reeses
house. and stated to him that Mr. Champlin had been
ted suicds that they then went in search OF him and
found him at the house Of Mr. Sharpe in Hudson street.
in state OF great thst 1t was necessary to
move him; that he prevailed on Mrs. Sharpe to allow
him to remain for the remainder Of the dsy and next
night In her house, that after Dr. Reese had left him he
tore the bandsge from his ARM that the doctor had to
be sent for again and it not for the combined
ertions of himself and Mrs Sharpe, he would have bed
to death; that he remained with him until he oalmed
down, and he was removed to his own house. 1t was
sion that M Champln lsboring under delPum ire
mems, and that 1t would be best to send him tempors
rily to the asylum He then called upon Mr. Hambin,
and consulted with him. and they both agreed to be-
fore magistrate and make the necessary affidavit and
have him committed Dr. Reese in continuation, said
to state that he Mr. Hamblin until that
sion although he often heard of him through the
into contact with that gentleman He knew, however,
that he was particular friend Of MIR. Chsmplns he,
therefore consulted with him. and Mr.; :. HaTbn nd'
Reese which he paid in to the treasurer He went on
further to state that believing the plaintiff was at the
time laboring under delirium tremens and that II
left at large he would do himself other persons
grievous injury, he, therefore felt 1t to be his
duty professional man to have him. for time re-
strained Of his liberty Dr. Reese went ON to show, in
explanation of tho testimony of DR. Wilson, who was
examined on saturday behalf of the plaintiff that 1t
was usual for patients laboring under dsrium tremsns
to bs sent to the asylum and that appeared from the
report Of Doctor Earl that there were upwards OF 800
patients aborng under that disease sent there within
Mr. WHITING then called and examined in relation
to the negotiation with Mr. Ssden and MIR Hambn, and
also in relation to the stats Of Mr. Champions mind at
that time
Gen. SANFORD who acted the counsel of Mr.. Ham
bin, wss also examined on the same subject
Mrs. SHARPE was examined in relation to the OCCUR
renee at her house which stated by Doctor Rseoe
The court then adjourned until tomorrow, when the
case will be summed up.
syrERIoR CouRr--Before Judge Vanderpoel Louie
c. Densnt rs. Jas Coekroft--This action for
work and labor and materials furnished 1t appeared
that the 18th Of April, ls46 Samuel Cookroft the
son of defendant, claiming to be Of house and
lot in Ann street applied to the plaintiff who il mas
builder some alterations and repairs to the
house, upon which occasion agreement in writing
entered into between them Immediately after the
tbs WORK and spp.d to Coohro for bis
note for $780, being the amount Of tho contrsctl
The note was given, and the plaintiff procured 1t
to be discounted, but when it to maturity
1t was protested, and has been paid When
the work half done the defendant came there,
claimed to be the of the building and said that
he did not want the work done that his had
thory to get done and would not for IT. that thu
notwithstanding, proceeded with the work and finished
it, the defendant having there afterwards
having pythins tho paintiT brought the acon against
the defendant and sought to three grounds
rst that Samuel acted as the agent Of his father and
that tho latter bound by his acts secondly that de-
PENDANT knew plaintiff was employed by Samuel to do
the work and that he allowed him to until 1t was
half done when the cost of taking It down would be
equal to that of finishing is, which fraud the
planf third that he subsequently promised to pay the
plaintiff The judge a motion for non-suit, said
that plaintiff was bound to make out his case BY sr-
native proof that the plaintiff in this had not given
proof Of agency ana fraud In fact there was proof os
Oh contingency which never happened, and even II
tho contingency did happen the defendant would not Dc
Non. suit entered.
9. at-This cause IL adjourned to this morning
Counr CALENpAR--This Day Circuit Court-2, 10,
49, 49, 90 ~ IS, a. 49, 49, az %, 90 al 80, 81 81 49,
So 81 Superior Court54. SO, O. IL 81, H. 73 IA, II,
10, 81, %, n, rs, 90, 2, 81, rs, 43, 90, SO.
The PIumbe National Daguerrean Gallery
the upper of Broadway and hura, one Of
the pessanet lounges the and If Of irierds
ae want Of good picture, they should to Plumbe and
get IT.
Gold PenS.-Prlces Reduced 80 cts. at once
Il ha. BEEN stated advertisement If OF the Gold Zen
establishments Of this city that Rrhreu pen the Only
rally warranted pen in the market Beers CLARK 81 Fsn