The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-11

OF tne convention FhEDEhICk DOUGLASI
W. H.. DAY.
ID. IL. JENKINS,
A. Fl. FRANCIS.
Law Intelligence.
CoURI OF OYER AND TERMIrsR, Oct. 10.-Before
der Case-Ths trial Of Andrew GiIhooy, for the muir.
der Of Anthony Sheridan was put of to Thursday
morning. The court then adjourned.
SUPREME CouRT-Special Term Oct 10.-Hamden
Greene vs.. Catherine Greene.-In this cause an APP
pcation for decree for divorce was made, fou nded
over the papers did not appear to him that the sv
dence sufficient to warrant him in granting de-
cree The parties were married fifteen years ago and
shortly after they separated-the wife removed with
her family to the State Of n oils, where the alleged
act of adultery committed the proof of which
made by the brother of one Of the parties two mate
rial fEcts in the testimony omitted, namely at
what time the act Of adultery committed, because
If committed more than ak years the statute of
limitation would run against and divorce could be
granted; the other fact was, to whether the
painant in this State at the time of the alleged
adultery not 10th these should be fully proved
before decree could be granted. The
then sent back to tho master 10 take testimony
those two points.
j. .4nthis Vs. Louisa M r. .4n,his-This was also a
divorce 1t appeared the parties married
only two years, and that the defendant minor
was himself equally guilty as the defendant. This
evidence, although admissible, should be received
rusa of the papers that there was reason for believing
that the parties had entered into collision for the
purpose Of obtaining divorce. Under these crcum-
stances, he felt bound to send the back to the
Master. to take further testimony.
After the foregoing decisions given, his honor
remarked that unqualified persons in the habit
of making motions in the Supreme Court In future,
he wished 1t distinctly understood, that any person
cause mskne Sueh apDiieatoUs Would be considered
guilty Of contempt, and would be dealt with accord
ingly.
Julian rs. Hesterreh - This, which is q replevin
suit and was commenced on Saturday, was resumed,
and was not finished when the court adjourned.
SUPERIOR CouRr, Oct. 10.-Before Judge Wander
pool-IIoyt rs. Lynch.-This given to the
jury about three O'Clock and verdict was rendered
afs:r which the court adjourned
Before Judge Sandford-Wm. II. Barnes Us. Norman
White. and others.-This action In debt, ars-
ing q building contract to recover So 204 In the
year 1888, the defendants entered into written
tract with the plaintiff that the latter should do the
ing in Eighth street, the work to be the same
the same plan Of house in Amity street, and to be
soe hat thp sse%sd i
vissbe to change the plan OF the work, that is to-
make it different from the pattern house, they should
have the privilege OF doing So by giving the paiqtn
timely notice of their intention; and II such atera-
tons incurred additional expense, the plaintiff should
be paid for at fair valuations and that, should
any difficulty arise MS to the valuation Of the atsra
tons it should be referred to two disinterested per-
sons to be chosen by each party, who, together
should choose q third and that the decision OF ma
0rity should be binding on all parties. On the first OF
August 1885, the defendants determined to alter the
into an executed and Expense OF So 204
incurred. In October following, difficulty arose be-
tween the parties out Of these alterations whereupon
deed Of submission entered into etween them,
and the whole matter referred to the decision of three
referees, who to make their award in writing,
and deliver the parties before the LIST of No.
vember following; the time for making the award was
afterwards extended to the 10th December; the re-
ferees, however, made their report and delivered on
the 9th November. by which they awarded to the
plaintiffs So 2C4 (ths in dispute) and IN ad
dton awarded to him certain window blinds, which
they directed he should take away. Upon this award
the suit was brought. After the plaintiff had got
tn rough with his the defe ndans counsel moved
for non. sut on the ground that the referees had
not confined themselves to the terms OF the deed OF
submission; that instrument giving them authority
only value the alterations, and to award the same
to the plaintiff whereas they awarded him certain
window blinds in addition, which wassnot within the
scope of their authority. After hearing counsel on
both sides the court made the following orderPlain
tiff to be d, without preudce to his proceed
ing upon the counts after moving to set aside
the and with leave TO apply for reference,
II the suit, argument, be held to have been
right.
Recorder and Aldermen Deforest aud Hstaed-Oe-
tanning Money by False Pretences-Detrandtng LINT
grants Isaiah Selover was this morning put upon
his defence, charged with defraudng krwin, An emil
grant passenger, out Of Sl3, by selling him what pur-
ported to be a passage ticket for himself and wife
from this city to Milwaukee, wisconsin The trans
action took place last season, and 1t will probably be
remembered created some little stir in the police at
the time The injured party kirwin, ives IN the ist
west, nd his evidence was taken In accordance with
commission granted for that purpose. 10 sets forth
thai he paid 10 the SIS fora passage ticket,
which was to be good to him for passage through,
from this city TO aw sukie. lie received connec-
ton with this certificate two steamboat tickets, which
were 70 he given to the officers of the steamboat
| Jersey ION which boat they were to go TO Albany
| After lenvng the steamboat, the certificate it wa.
pted would be all the complainant would need
| to ensure n free conveyance through On arriving
at Albany. however. the officers of the New Jersey
| would not tale the steamboat tickets, and Kirwn
was Obliged pay for bis passage, and freight for his
luggage Up tho river, ~ 10; and on application "a
| the agent to whom the complainant was TO present
his certificate, at Albany, he told that he must
pay So before he could proceed his journey on the
strength of the ticket obtained from Selover and on
| the back of which ticket now appeared the Due on
this ticket eight dollars words to that effect
| Thesconsequence was, that Mr. kirwin, hndlng MIN
self thus swinded, applied to the agent OF the oom
missoners of Emigration at Albany, ana tne pIopei
| steps taken to brig the matter oeiore legs'
| tribunal. Kirwin states distinctly, thaS whe. 10
| paid the Sl3 rs he was gives TO unaers'snu W
| Seloyer, that this was In full Tor MS ptsos9e
to Milwaukee These facts, materially were proven 70
the satisfaction Of the jury who AFTER hesrp tne ev-
dence nro and con retired charge from the kecor.
der. and after brief absence returned verdict OF
oniitv against the prisoner The District Attorney
then moved for judgme mt against the prisoner, but
The counsel for the prisoner prayed stay Judgment
| on tho Ground Of some nformaty In the indictment.
The matter will be the subject Of argument on Satur
day next. p..-,.x a,...or x.. rut an trial
charged with keeping q dsorderly house at NO. III!
Water street IL proven by several witnesses that
Glessons house the resort Of bravisrs snd dsor