The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-15

vered until the 18th Of May following On tho first Of
May aqu.rtsIs rent due which was tn. amour.
mogsgor and insisted that as the deed OF oonveyanoe
not delivered until the 9th Of May Ave days after
Mr. NM M ho%.ss Sai Induced tho to pay to
himself and the question here was whether he or plain
tn vas entitled to receive IT, His Honor directed the
Jury to find verdict for the plaintiff subject to the
for $500
.arn,mt Us ck-This was an action on promisscry
note for 1920 made by the defendant The defence
infsncy The father Of tho defendant called and
made TSs pn replied that "a n At the
time practising physician, and had his nance up as
such. The jury disagreed, and were discharged
K'eudner Vol This was an action. for assault
and battery Verdict fer the plaintiff, SIS.
UNITED SrArEs CIRCUIT CouRr April 14.-B fore
Judge Nelson ! Jaquss ian aiie") Us ~ X. Cohnsft
Of ono or two witnesses, the plaintiff rested
Mr. ArTHor here rose and submitted that there ives
tain the allegations of fraud put forth in
the for the plaintiff having been mainly confined to
What sn,y 9ra was the cu;s1 pstsns .as
certain course of business He made long argument
in support Of his position, namely that the Of
the charge rested solely the question CT imputed fraud
the part of his clients and the declaration drawn
up on this branch Of the law The whole evidence
not behind It. He wished to call the Court to
prsfs an opinion as to whether they need 60 farther or
Mr. CUTTING replied ct some length, and made an
elaborate argument.
The CovRT declined to give opinion In the present
themselves deal with It they deomed proper. After
conversational remarks from Messrs Lord, Wood,
Anthem and Staples,
came his duty at this stage Of the to call the atten
ton Of tina jury to the that tho article Of cochnes
referred to In the CASE was article OF peculiar cha
racter. CochDeal of the most valuable drugs,
aud article which, it we'll known, that exposure
stroy Ia the ordinary operations Of this ar
tice was packed up in sort of strong linen bagthat
was covered with buffalo hide to exclude the air;
and the parcel then tightly wrapped up with strong
straps. small tin box, containing sample Of the art
Gle was always to each parcel bale This
deemed necessary in to the exposure o.,
the article to the atmosphere. Under these oircum-
stances article could be selected better to
GosrMwas man Of considerable ingenuity but not no.
nest. He Mexican by birth; and 1t appears,
Of the facility whioh this article affords for the perpera
ton Of fraud prepared perhaps at Vera Cruz else
where in Mexco the article that formed the subject
matter upon which the present before them
rangement with fictitious merchant for enquiry
after the name Of the party, no such merchant, ap
from this parsonage ngned s. Barnard, addressed to
the Messrs Collins Co., dated September 23d 1886
stating shat tho nrm would rsos,vs certain cargo Or
which belonged to this Mr. De Goer who would shortly
arrive In New York De Gosr subsequently arrived in
New York and went to the Office Of Collins & Co. He
appeared to be man of gentlemanly address, both
In appearance and manners. 90 the voyage, 1t should
which the article was transmitted He placed also,
Ssed. OF cov goo osf a
times to merohantand then offered for sale the cocbi
neal The price. were deemed too high Then De Goer
said he would chip Thorn for London These goods
In the vessel Of tho plaintiff Jacques, who had every
opportunity TO examine them, they remained there
can be- offered by Mr. Jsquss he did not examine them
Mr. A. went on at length to detail tho particulars Of
Ss bs to .haw how IL. had S.sn
nnocently duped into tho transaction, it not
being their business as commission meschants to exam
Inc any goods articles deposited with Them and that
such known In their branch of business
and If recognized, no commission merchant would b.
safe from the impositions and frauds which such
would suhject them to 1t appeared that
respcndence between Jsques and De Goer he'd taken
place, which correspondence not produced. After
detailing ct length the facts which they intended
to produce Of the Defence which would show
that Only parties in the case, who stood above sus
Mr. W. L YOUR, clerk in the ofa,e Of Collins Co,
was called to the stsod proved The receipt Of letters
view to opening prelminSries with the firm of Collins
Co. Several letters that passed between tho porties
dispositions Of Witnesses Who had b.en nscesssry ab
sent including that Of John Rice Captain Of the Ar
kansas when tho was adjourned TO this fore
noon
UNITED STATES CIRCUIT CoURr.-Before Judge Nell
son Jacques Us j. X Collins Cs-The case for the
plaintiff was not closed when the court adjournsd
COMMON Pleas y B sfore Judge UIsho.ffer Thomas s
Miller o., Mark x. Hcm,lten Action on the case, to
that Defendants brother was the lessee Of store Canal
street. togethsr with the stock in the store that he
signed them to defendant and that the defendant after
wards assigned them to plaintiff undertaking at The same
time to pay quarter rent which he refused
aud tbs andored evicted the plaintiff for which eviction
he socks TO recover damages The defence that
sssumpst from his brother proved secondly
that the declaration bad inasmuch counted that
the lease the premises made to defendant WHERE
made to his brother and thirdly tnat the
ton was barred by the statute of frauds Verdict for
plaintiff, SIS
Covpr or Grrru.t Svsuors April Ia -Rafo-. Re.
cord.r Scott and Aldermen Lawrence, and Franklia-
John M'Keon, Esq District Attorney.
71tSt Resumsd The trial OF Francis NJ Fortes, on
charge of stealing six Bibles from the American Billie
Society resumed at the opening of Court this
to The previous good character Of the accused The
then submitted to the jury, who, without
leaving their seats rendered verdict Of not guilty
Shearir, then called to trial on indictment
charging him with robbiDg Michael Driscoll of two
testified that he met with tho accused railroad car
in which they went to 27h street. where, sitter short
stroll, the accused induced him to enter q vacant lot
there knocked him down. and look the money from him
The jury found the prisoner guilty of petit larceny
only, and the Court sent him to the Penitenary for
Pleaded Guiliy-Llewellen Harrison, boy, indicted
for stealing $2oO from John Nevil entered plea Of
guilty, and was consigned to the House Of Refuge.
Trial for Assault and Bauery-W iam James and
Catherine Tracy then called to trial for alleged
assault and battery upon the person OF Martin Murphy
police officer, while engaged in the disc barge OF bis
duty On the part Of the prosecution 1t stated By
the mplanan that no went to the residence OF the
cused for tho purpose Of serving warrant man
named Lsnson, whom the accused party committed tho
assault and prevented him from srresting Lsnson The
jury, after brief consultation rendered verdict OF not
guilty
The Court then adjourned until to- morrow.
CoURr OF GErERAL SESSIONS, April l4.-Bsfore Re-
corder Scott and Aldermen Franklin and Lawrence
John McKson Esq', District Attorney.
TIL for an .assauh.-At the opening of the court
this morning, John Green indicted for an assault and
battery upon Neil Meter mate Of the Swedish brig
Gertrude called to trial On the part OF the prose-
cution Il was evidence that the accused went
board tho vessel in question TO of the sal
lors when the mate interred whereupon the sccussd
made attack upon the mate beat him very severely
and also fred pistol at him. The jury, sftsr pro-
tracted absence, stated they could not agree upon
verdict; whereupon the court discharged them from
iurther consideration of the subject.
Trial for Grand Larctny-Edward Thompson was
then called to trial indictment charging him with
having on the Of January last stolen $40 from John