The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-18

KK1oo wv OoDOs
this city, several merchants have been ossd on the
part of the plaintiff aud examined upon this ussge and
without going infinitely tbs testimony OF each Of
them may say that OF them spoke Of any general
fore the ships psp.ra made ont by ioswsraus msr-
chsns On the contrary most otse witnesses that have
them hat IN case Of am hou..
In this city to forward goods to foreign port IL IL not
the ou' to make out tbs psp.rs .ihous sso'r.ininx
seem to b, univs u'sse Some Of hsm stated that
whether the owners were strangers present. no,
present. the ships papers made out in the Of
the shippers for account OF the This 10 the cub
stance Of the eyidencs the part Of thu psn0 far
when going to foreign port On tn. part Of tue d.
fsndan you have tho evidence Of three merchants
examine this particular article before tn. ship issvss
port 1t ID also stated in connection With this evidence
nsy on ships papers merchants application would
not make advances, although the ships papers wsrs
mailing Sp inquiry into his character The Witnesses
with scarcely any exception have stated this fact in
connection with the ussge-sod II Is true that It 10
usual custom among merchants 10 make advances upon
ships papers In accordance with tbs value put BY
papers upon ths goods but this fact alone
nothing In this the usage and custom, although
we'll established Is not sufficient to charge the dc:
ndants Ifths defendants in this case have followed
the orders Of tho shipping to foreign port-M
they have followed the general custom In this respect
"
who may have chosen to advance his money or place
confidence in the description Of the articles In the ships
70 this responsibility must show sithsr that according
to the we'll established usage Of merchants IN this bus
the e. Ts s % ssr v a
else he must show departure from the ordinary usage
and custom shipping goods By Of whi'n plain
the different steps taken by defendants in shipping the
goods and clearing the that they were cot CON
formable in all cots to similar Gases. All these
things done in the usual wayhers ID question
upon that subject and therefore to lay foundation foc
tho defendants should have examined the psok.ses
oordng to the ueage and custom of the port and TO a.
papers were made out and that they undertook to de-
scribe 1t In those papers Unless you are sstsned soas
suon usogs has bssn no %s %or
ming.
COMMON PLEA.-Bsfors Judge !ngr.h.m.-W HaSshsy
u.s. Thomas Nixon Action Of trespass for an alleged
Illegal taking tho plaintiffs goods-Adjeurnsd till TO-
morrow Chs) morning.
Recorder Scott and Aldermen lawrence and Pur'sr
Jonas Phillips, Esq. Assistant District Attorney.
sssS .s the g:s III .S "ss
placed at tho bar for trial indictment charging him
With having the goth Of March last stolen quantity
ton was shown that sH member Of the family going
self to the contents trunk, whom hs n.d was over
taken and arrested that the accused nsd packed ~
away The jury found the prisoner guilty Of attempt
to commit q grand larceny and the court sentenced
MN noS Sns ys for Srs"s Ann
alias Mariana stee next called to trial on charge
having on the asth Of EsbrIs1y last stolen Is Susns
late Mrs. shaw, while in the employ Of the latter.
portion Of the stolen property vas recovered f1on
Ater leaving Mrs Hamblin The jury found the prison
guilty and the court sent her to the ssts prison for
PIa Of Gully Frederick Wilhelm, indicted for an
attemptlto commit grand larceny on being srr.snsa.
entered plea of guilty and was sent to bisckwens
Triai for B~glary.-w William Frsnci: Robbins, boy,
ns. placed at the bar on an n so1
gal street. and stealing gas burner valued ct co. on the
night Of the lth Of March last The jury, Without s.v,
ing their seats found tho accused guilty. ana the court
| consigned him to the House Of Refuge.
.anotker Trial for Burglary Robert Mennins wes
Of G.orss Tennis corner Of Mott and Houston streets
and stealing theroffom SAT- The testimony sdduoed on
part the prosecution proved that the prisoner vss
caught in the act. The jury accordingly rendered
verdict Of guilty and the court sentenced him to two
years. imprisonment in the state prison
| The court then adjourned until tomorrow.
| Mandamus 10 Marine Ceurt.-A case of msndsmus wss
decided yesterday in which the justices Of the Marine
Of danger delay in where the sum recovered
shall exceed $50 The justices Of the court have always
i%%sdiats execution in sum. over $50 but
to have the decision Of the supreme Court ON the SUD-
so After June n1 n in
Transcript ofthem with the clerk Of any county upon
all property in that county. This court win become .
very useful Ia this city and are glad to sec that
the attempts abolish it have been Intellectual There
appears to be great doubt and uncertainty - to the
position Of the and old assistant Justices COURTS
averring the whole law creating the new TO % u
constitutional and others that the present assistant
Justices not abolished Here's fun for lawyers
| CouKr CALENprR--for this day-CIRcuIr CeyRT.-
80 H. 75 a. S. 95 &c. I0l ia l6, 1913. lag, 1870
1872 l33 1874 1885, 1876, 1877 Superior Court-l9 20 81
S. $780, $780, 23I a32 2s3 2S7 $50 inclusive S. a. 90,
49, 49, 400, l2a 100, 80. Common Peas-s34 49, IA, To-
1s, 10, IL, 20, ~, %
A BRAVE WoMAN-HoMICIDE.- are few
women, we fancy who would have acquitted
Themselves In the Of Mrs Roberts living near
New Albany, Indiana. tho Charleston road. lt
Bulletin that an unknown demanded admittance
Mrs Roberts house, in the absence of her husband
The lady inquired who there and what he wanted
Tho individual replied that he wanted admttanoe to
the premises which being refused he attempted enter
tho front door; but finding It looked changed his
position to door ct another part Of the house. ana
finding also fast he than attempted to force window
stating at the same time he intended to gain admit
tanoe the risk of his life During this time, Mrs.
r. had loaded gun which che had in her possession,
with heavy charge Of buckshot and taking deliberate
had forced the window in such manner - to enable
him to the house. she ed and the whole cont ents
lodged in the right sds just below the nipple causing
almost instantaneous death Thus pershed oold WI
lain by the hand of courageous female. The LADY ned
two small chidreu-with them she sought neighbor-
| ing house. coroner's inquest was held Verdict
| "Just,nable homicide"
| miscsilaneous.
The Buffalo Comm retail understands from the Csnsl
superipe ndeut that MIR Hinds the Commissioners for
that section, has announced that navigation VIII er
sumed on the canals this State Wednesday the 30th
instant provided unforeseen circumstance occurs 10
prevent 1t.
The Toe from up the Penobscot river passed Bangor