The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-11
Law lntelliQencc.

SUPREME CouRr, June 1OSIn Chambers -Bcfore
Judge Edwards.-Habeas Corpus-In Re, Louisa Ben.
son.-Dexter Benson presented petition to Judge Ed
wards stating that his wife, Emelne Benson and her
mother, Mrs Florence, detained his daughter, Louisa
corpus might ISSUE and that said Louisa should be
given up to him as her father and natural guardian
Mrs Benson and Mrs Florence filed a return to the
writ stating that Mrs Benson had to separate from her
husband by reason Of cruel treatment, &C.. and
cluded by avcrrng that he not fit person to have
the custody of the child Several witnesses were ex-
amncd pro and Tho stands adjourned to
Tuesday next
UNITED STATES DISTRICT COURT, June 9.-Before
Judge Betts.-James Troner James Buchanan, for
British Cdnsui, $c-This action of tres
pass growing out Of the following circumstances TIL.
plaintiff Trotter, in and previous to the 1S40
constable collector of barony grand jury cess
in the county Of Meath, Ireland and entered into
bonds to Fleming Pinkstcn o Reilly ESQ., the County
Treasurer for the faithful performance Of his
In April 1870 1t IL alleged that he became defauter
to the amount of fl100 sterling and absconded he
subsequently arrested board the ship Margaret
in the harbor Of Wexford and sent to Trim JAIL in the
county Of Meath At the time Of his arrest search
made for his luggage and it remained board
came to the city of New York, in charge Of person
named Lyons Shortly after his arrest the authorities
in Dublin discovered that his luggage remained on
board, that there considerable sum Of money in
of his trunks and sent out orders by the
British Queen, which sailed in few days after to MIR
Buchanan then the British Consul at this pert
tain warrant and keep look out for the Margaret
Mr. Buchanan. in pursuance of his instructions put
persons the watch, who boarded the Margaret on
her arrival at Sandy Hook searched Troters baggage.
aud found $40 sovereigns and half sovereign in gold
MIR Buchanan OF course took the money and sent
it back, less the expenses. In some time after the
arrest of Trotter negotiation entered into be-
tween the attorney of the grand jury of the county
OF Meath, the body who assessed and authorized the
taxes to levied of which Troter collector aud his
(rotters) attorney. Several letters passed between
them, In one of which 1t was consented that the
three hundred and forty soveregns should be given
up, written by the latter, condition that Trot-
ter should be DISCHARGED from custody and the
ted on bail, but indictments afterwards sent to
the grand jury and true bills found, and Troter and
his sureties called at the assizes of the
ty Meath their recognizances; but he having
tanned that indictments four him came
With his family TO this country and instituted the pre-.
sent suit to damages two grounds first that
the money taken from his trunks forcbly, under
the authority of British law which has force
feet in the United States Of America and, secondly
that the money not identified the money Of the
treasurer Of the County Meath of the British gov
eminent, and therefore that the taking oft tor
tious act. Adjourned to tomorrow (tbis) morning.
JuHE 10-After the summed up yesterday
Judge Belts charged the jury that the conditions sta
ted in the letter written by the plaintiffs attorney
not complied with the defendant could not avail himself
Of the plaintiffs consent to receive the money and II
the rested upon this question alone the defendant
could not sustain his defence but II they believed
that plaintiff afterwards gave his consent with full
knowledge Of all the proceedings taken against him he
could not recover damages in this suit. His honor
also charged that IT, upon the whole Of the evidence
they believed the defendant proceeded wropgfuly and
harshy, and took the plaintiffs property they should
punish him accordingly; but If they believed that he
proceeded fairly and under the authority Of his own
governmen mt, that he procured policemen under their
instructions and acted quietly and moderately then
your verdict should be for the defendant The jury
retired md shortly after returned with verdict for
the plaintiff for f45 and interest making in all $500
This verdict founded tho fact that the grand
jury of the county Meath caused proceedings to be
taken aginst the suretes Of the plaintiff and obtained
ajudgmcnt against them, in which credit given
for the cas- and the judge told the jury that he
entitled to credit for that SUN.
rCIRcuir CouRr, June 9.-Before Judge Edwards
.a5raham Fan Einkie Us. limos Hoggins-Acton on
promssory note for 5000 defence. usury and want
Of consideration. Verdict for plaintiff. $500.
SUPERIOR CoURT-IS BAHco. June 10.-Deciuons-
CaJrow as. acknowledgement affirmed
Schmidt ct al. ads. Jennings.-Moton for new trial
denied.
Taylor, implicated, &c. ads. Cuuer.-Motion for new
trial denied
simpson implicated, ads. ScoU.-Motion for trial
granted. costs to abide the vent OF the suit.
Phelps, plaintiff in error u.s. Grey.-Judgmcnt
affirmed
Comsoek plaintiff in error rs. Comstock, defendant
an error-Judgment reversed
Little pidinfV in error, rs. McKedper defendant in
errtr.-Judgment reversed