The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-07
Law lutsllixeucSs

Law lutellikencks
SUPREME CouRr-=Bpsci6l Tspn~-Mar6b ~b.fors
Judge Edmohds- People ca REL Benjamin 0siMs
rs. the Trustee. of the Methodist Episcopal Church,
Brooklyn This 1t will be recolected was an ap
pcation for attachment against the trustees for an
alleged contempt refusing to obey peremptory man
dxmus admit the reator to perform church SER
msnt sainst wilsm Steel, Richard Smith, Potter q
Thomas, William Petit, James Petit and William Bar.
that they b. for tWsnts IN
the Kings county JAIL unless within ten days they sd
init the relstor, So
The People at n, relation Of alexander B. Whitlsy
u.s. Samuel r. Childs-Mr w. C. Noyes, with whom was
associated Mr. g. Sand ford moved, the petition of
the reator for an alternative mandamus be directed
to the deliver up the books and papers OF
the saith officers department, ut Staten Island the
reator. The petition stated that previous to tho APP
officer; that he resigned; and DR.. Childs was,
by resolution of both boarss Of the Common Coun-
appointed health officer in the or Dr. Van Hoyen
berg that the 2st of January last the relator
nominated BY the TO the s Ios which nG%.
commission made out and sigaed by the Governor.
That in pursuance thereof he caused Dr. Chids to bs
{ Gifted of his appointment, and had deputed VIM &.
Noyes Esd to receive all the books and papers apper
tanning to the ofce TT DR.. Chilas then and still
fuses deliver said books papers and forciby
overholds said office MIR Tucker with whom was MIR.
ID b. Ogden, appeared tor the defendant and objected
no evidence to show that Dr. whiting was duly appoint
ed secondly that he SHOULD himself applied to Dr.
Childs and oduced his commission instead of which
lie applied by deputy course not authorised bv law
and thirdly that proceeding under the statute
this could only be resorted to where the
right to the possession OF the office clear and inds
putable Here the cCnstitutonaty OF the REALTORS ap
pointment by the Governor and Senate disputed,
and therefore his proceeding should be by writ quo
,oaanto in which the title Of both parties might be
regularly brought before the court After hearing Mr.
Noyes for the reator, and Msssrs Tucker and Ogden
for the defendant, the court adjourned Mr. SANFORD
will bs heard tomorrow this day. on the part of tho
relgtor
COMMON PLEAS, March G-Bsfore Judge Daly--H,len
ps HI, uyU Frediick-Thig n action for n
breach Of promise Ct marriage the damages laid
a. $4,000; Mr. r., ;Marpury and Mr. VIM A. Butler
Quoted the defence Mr. Butler stated the case to the
jury he said his client, Miss Mehrens, q young
girl Of great respectabty In her own country;
that she had arrived in Baltimore time in 1886
and resided with lady Of that city until July of that
referred and took residence house
CT MI Shutz grocer, in the upper part Of the CITY
s % With Vi say mat shn
after the arrival Of Aiss Mehrens the defendant in
troduced to her. and for several months after he CONT
nued to pay her the most marked attentions and ma de
her proposal Of marriage, which accepted In
the latter part OF the fall of 1896 the defendant init
mated the plaintiff that 1t would be announcement for
him to have the m .rrage soemnzed for . month or
but that at the end Of that time he would have
store provided and all things arranged to carry the
went to reside With Mrs Myers, In Houston street.
where che continued until December following when
the defendant represented that he had made his ar
rangementr, and would be prepared to marry her in
February and induced Ler to return to the house Of
W
back MIR shulizs house. prepared her dresses
cordingly the defend ant continuing his visits usual
%atter h%s until App when shs sefsnssn
broke of abruptly, without assigning any and In
ths month Of September following married another
man girl named Wihemina Miller MIR. Butler went
to state that this that at addressed
itself to the smpathies of the jury The plaintiff was
fezegner-a young, unriended female if the facts
be had stated proven to their Satisfaction he
would call them to give such exemplary damages
would teach the defendant that he cannot with mpu-
nit an tfv Mt acqt auith fbof aa1iv
reputation OF female. The defence set up three
fd-hrst, that defendant for four five years
tached to another female and that the plaintiff was
Of it, secondly that she guilty of levity
in going Albany with the mate OF ship; and thirdly,
To the first defence was replied that the plaintiff did
refuse her consent to him. in consequence of his
connection with the other female without the
of his father and mother and that he
his mother to the plaintiff and that she removed her
scrupes that point To the next defence it was
piled that plaintiff was invited by Mr. and Mrs Myers
with whom she resided to 60 with them In company
with the mate to Albany, and that she not during
ns The tune ns tod SaIs s usy
they had to consider the marriage broken of by
mutual consent? II they believed 1t was there was an
end Of the case; but if they believed It not it ouly
remained for them to give the plaintiff such damages
under all the circumstances OF the they Thought
her entitled Seae1 verdict to- MOI row (thi5 morn.
| ing).
COURT OF OYER AND TERMINER, March The Court
wa, formally opened his morning and adjourned 1t IL
O'Nei, will come on on Monday next.
Court OF GENERAL SESSIONS, March g. Before Re-
corder Scott and Aldermen Purcer and Cmartin John
McKeon Esq District Attorney. The March term OF
this court commenced to-day with a calendar OF 43
prison csses viz for attempt to commit a rape,
for forgery for burglary Is grand larceny petit
keeping disorderly house, making % new cases pre-.
viously indicted ls bastardly making aggregate
43 old and new cases
Trial for Grand Larceny Cornelius prinkerhof
indicted for grand larceny in having stolen $l2 500
from the Leather ManSfscturers Bank Gin the month
In In fha vi Aff
cc''ed who testified that the accused WI,
as porter in the Leather Manufacturers Bank from
time in the year 1899 to july lSi7 when the Off
Of the bank examining the amount of soc in
the vaults, discovered deficiency of 600 which had
been taken out Of box No bank notes were stolen =
At this stage OF the proceedings the District Attorney
moved the court to instruct the jury render special
verdict In this case r1d acquit the accused the
ground OF variance between tho proof and the ipdic
ment; and the jury found a verdict that effect sc
cording to the instructions of the court.
On motion of the District Attorney the Cour. COM
mtted MIR. Brnkerhoof in default of bail, to await
the finding OF bill of Indictment by the present
Grand Jury the former having described the money
In speeds.
.4rrtsfed en- a Bench Wa,rant-silas C. Smith and
Justin Cooley indicted for having forcibly entered
the premises of Anthony and Richard l. Allen on the
18th Of August last aud elected the occups their
goods, were held to answer.
Malicious Mschief-Thomas Kendall and John IT
Bates were then called to trial for having the LIST Of
May last wully and maliciously Injured the premises
Nc. lis Bowery Of which Mr. Il Stephens is the owner
The case which is entirely devoid of interest except
to tho parties concerned had concluded whom the
Court adjourned.
Grand Inquest.-Ths following named gentlemen
were sworn as grand jurors for tbs present term viz
Philetas II. Holt, foreman Samuel 3. Ahause. Willis
Black.one, John ID. Brown, David Beach, Job w Cook
Henry Erben, Henry Gelston, John w Howe, stephen
w. Jones' John Lewis BeDjamn Merritt, Theodore Mar
tine, George w Rose, William STEELE. Lyman Taylor
Josiah Unde HILL Stephen Valentine John d Jonesci9
To whom his Honor the Recorder delivered the follow
log charge
Gentleman IF the Grand Jry.-
Criminal prosecutions carried on la the name of
the people, and have for their principal object the se
curity and happiness of the people 10 general An per-
whatever without distinction in all criminal ce,en
are liable to arrest to be forthcoming to answer to an
alleged or suspected crime; but be arrested
except charged with such crime When Brought be-
fore judge OF justice OF the peace appear no chine
has been committed the suspicion nertained Of the
prisoner wholly groundlsr, heis discharged or other
wise, be must be committed to prison. or give bail -
The next stsp towards the punishment OF offenders IT,
their prosecution or the of their formal
saton ana this IS either upona previous fading Of the