The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-10

now under investigation before the above named ma
gistrste.
Law Intelligence.
CouHr OF OYEh AND TERMrNEa-Feb s-Before ME-.
Justice strong. and Aldermen Oliver and Smith The
People Us. Patrick Ctancy-Charge IF Arson,-The
prisoner, who indicted for arson, put on bis
trial this rnipg. Mr.. B. O'Connor, the associate OF
the District Attorney, briefly stated the case for the
prosecution from which it appeared that Clancy sas
ca arged with having ths night of the aeh Of De-
csmber last attempted to set fire TO house In orange
street. owned by Mrs. Power in which ne had sometime
before resided.
Pea GILHoLY examined BY DIsrRIcr ATTORNEY =
Knows the prisoner ct the BARI hired place In orange
the second floor; Clancy continued to occupy
the store for about TIVE months AFTER went thsre
he was two or three weeks bsore the fire. the
night of the FIRE, there two smilies5vipg in the
second story and two families IN .hs insy
the night the fire; witness went to bed between six
and seven O'Clock that night; got up about eleven
o'clock lit the candle, looked about and afterwards
vent bed about hour afterwards heard the hall
ceor opened, and person came In; thought, by the
walk, Il was man; he up stairs, and went up to
the garrett and walked backward and forward and after
abeut minute and half he came down. witness, as
the man osme down, jumped out Of bed TO see who it
wss; witness hailed him. as he was coming down,
and said, " You loafer what have you been
doing there ?" but he made answer, although he
WAS within two three steps where wtDrss was stand
ing Witness looked up, and light, and was sur.
prsed as the light every moment getting brighter;
.ne person YVES men coming ssnst wsness' aIu
Clancy, you sccurdrel, you have set the mouse on
fre ~ The prisoner then shied Of, without making
any answer rushed by Witness and went down stairs
Witness then up stairs and found there what
fesmed him to be old straw bed that waseft there
and piece Of brown paper in the centre of It, and both
straw paper burning away the shingles Of the
roof only about two feet from the fire. Witness
went into the next ROOM there quantity OF brown
paper laid up In corner, also on fire. the paper Was
doubled over wness cannot tell the quantty from the
rspidity with which 1t burned, witaess should judge
there combustible amongst il. Witness and
Lscnard, who resided the same floor with wit
Immediately dressed Themselves and came down to
the station house in the 9Th ward after which they
went to the l4h ward station house, and they d.
rscted to walt until morning; they then went to the
owner of the house raped him and went again to
the station house and thought to have Clancy arrested
but the officers refused interfere until morning. they
afterwards met officer McManus of this sixth district
and he offered to arrest the prisoner Witners and Nc
Manus first went to examine the house; and then Hines
the agent of the house, Leonard witness went to
Canoys residence in Mulberry street and arrested him.
"a they were bringing him through Anthony street.
witness picked up a match box which he had thrown
away he afterwards searched by the officers, and
large quantity of matches found on his person
Cross-tramined by COLONEL JAcK-Ead not been
drinking that days witness might have taken glass or
two but cannot tell how long before he went to bed he
drank the last glass there was no door or partition
where the fire was 1t quite open, and there
ceiling; there was small corner partitioned on which
was used bed room where the prisoners boarders
used to seep when witness first prisoner he was
about feet up the stairway, from witness
witness thinks the moon was shining that night; does
not think that witness said former examination
that he snew the prisoner by the light of the the
prisoner had on at the time glazed leather cap, and
q dark over coat witness did not attempt to seize
him, because his arm was dislocAted, and he knew
he could hnd him az any otasr time witness when
for water witness never saw Clancy up in that part
Of the house before charged one else with
time promised witness to forgive him rent he made the
charge against Clancy the night of the fire after they
uiyans aud witness said to Hines that he had no
die at home, any money to buy one; Mr. Hines then
put his hand in his pocket and gave witness dollar bill
witness afterwards took two three drinks that night
Hines offered witness in presence OF Daniel McCar
ty forgive him his If he prosecuted the prisoner
ner Of the 9th and Captain Ben Of the l4th district
that night and make your complaint before the prisoner
wes al rested?
A. Yes. sir.
After the examination Of the witness closed 1t
found the prisoner indicted for attempting to set fire
to house in the 9th ward; the proof being that the
houss in the 18th ward and the Judge refused to al
low the trial TO proceed further although the prisoner
the trial The prisoner was then rsmsnd.d For the
defence Colonel Jack and Nix McCsy. The court then
adjourned.
FEB e.-Ths Court opened to-day and soon after ad-
journed, no business being ready The cause OF the
People Dnnidp charged with the murder Of Mcneil
In Ann street, In November last Is to be tried tomor
row.
SUPERIOR CsuRr, Feb. s. Before Judge vanderpoel-
Henry Baress Ell o. Us. Sampson Hatfield This was an
action two prorisoTy notes for 5000 49, dated in
November. 1889 payable five years after date The de-
PENDANT was of the firm ef Hatfield and Pearson,
who became embarrassed. and compounded with their
creditors and amongst other notes gave the notes in
suit TO Bates and Lynde, to secure the composition
rasSed aud pounded with their creditors and gave
the notes to the plaintiffs to the
pounded for: Tho defence set up was that the notes
void being given by Hatfield, in the first Instance
to Bates and LYnde without the knowledge OF the other
creditors to induce Bates and Lynde sign the compo
fition deed The Jury found verdict for plaintiff for
the amount claimed, with interest Fer plaintiff, Mt
Bidwel For defendant, Mr. Dana.
Charles Stoddard and another ps. The Long Island
Rdirocd CompanV-This was an action in the case
brought by the plaintiffs against the Defendants, as COM
mon carriers tappeared that plaintiff. through the
kNwas of uffh OAN hv
the Defendants line to Allyn Point IN JAN,
In tn. transit the goods damaged to considerable
ants responsible One witnsss only was examined when
the court adjourned. For plaintiffs. Mr. kimbsN and
Mr. J. sayrs For defendants, Mr. w Clarke
FEB This still trial. the defence will be
opened tomorrow, (this morning.
Before Judge Oakley.
Pan Benschottn Us. Rusk--Thjs case was summed
up, and given to the jury to-day. Sealed verdict
Wednesday morning
The Merchant Erchsge Bank vs. Encch ". Clark e
CsThis action on two promissorysnotes. ver-
dict taken for plaintiffs for $ss47 subject to the
opinion of the Court in Rauco, on questions OF law
raised by the defendants Counsel.
CoMMoy PLEAS, Feb s-Beiore Judge DAILY and spe-
clal Juy-Riehd Pan Dyke, John Hoacland and
Geo. r. Cols-This was procseding, under the sta
legged took forebls possession of the
1t appeared thatn May le45, the Corporation Of the
City sf New York granted to Elias Thomas, lease
for nine years of much Of the norhsry part Of Cas-
tie Garden bridge might be necessary for the purpose
q to the same the floating bath belonging to
Elias Thomas assigned his interest to plaintiff In consi
derstion OF $4,000 and that the 23d May, of the
year the defendants, with large number Of persons,
to tho premises and took forcbe possession, and
have since continued to overhod the The defence
set up was that defendants equally interested In
the lease with the corporation to Thomas and that he
lThoms) ASHAMED it to. the plaintiff without their
knowledge The jury will bring in their verdict to-or
row ths morning For plaintiff Mr. Burchil; for de-
PENDANTS, Mr. +. SANFORD.
Before Judge Uisboeffer
Edmund Griffin Charles u. Combss.-This was
an action OF assupsit to tho amount Of pro-
nissory note Of $50, made by defendant to plaintiffs
order for merchandise sod 10 defendant in ls44 The
defendant pleaded Infancy the plaintiff then proved
promise to pay after the defendant arrived at the age
of2l years The DEFENDANTS counsel moved for a
suit, on the ground that the promise conditional
which the court denied the was then summed up
by counsel on both sides tbs Judge CHARGED the jury
that plaintiff showed positive premise to pay by de-
PENDANT after he arrived at age he was liable and they
should find verdict for the amount claimed 18th inter
The Jury accordingly found verdict for III. nlain-