The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-15
LnW IntelllRence.


Law Intelligence.
CIRCUIT CouRr, Oct. l4.-6ofore Judge Strong. -
Julian Us Wsserpsh The jury In this cause re nder
ed verdict for the defe udsDt this morning.
SUPERIOR CouRr Before Judge Vsnderpool -.4ier-
dnder FranciaThe jury in this cause, after being
out all night, disagreed This is the second time
jury has disagreed to verdict In this cause.
SUPREME CoURr, SPECIAL TERM.-Before Justice
Strong Dickeson Us. KimbaH.-This was motion
ants answer The plaintiff proceeded on spromissory
note against an endorser aud filed the usual state.
ment Of facts to the code averring That
the note payable at certain bank in Philadelphia
presented there and payment demanded and refused.
The DEFENDANTS attorney drew up his ans YER, sta
ing that to the fact of presentment aud de-
mand of payment he had not knowledge sufficiet
TO form belief The defeDdan did not swars TO tL
answer but his attorney made an affidavit stating that
he believed 1t to be true The Is counsel
tended that the answer was evasive, and raised no
is.ue in the The Court held that the answer
raised an issue as to presentment and demand. and
therefore the affidavit was sufficient Motion Denied
without costs.
CouRr COMMON PLEAs.-Before Judge DAILY =
Coipin Griswoid, Executor, &c Us Vim L. Dmyea
Action promi sorry note for 1855 defence, that
the note was an accommodation note, given without
consider alton. The plaintiff then showed that the
note passed to broker, from whom he received
and gave full value for it, The jury found verdict
WaU Us. Burke The jury in this cause found
diet for the defe pdant.
At Chambers Justice Edwards.-Charge of
Forgery He nry Haskin charged with forging the
Signature OF Lyman Sayres and Co., to draft on the
Phenix Bank for 5000, was brought before the justice
on the 81 und that the evidence insufficient 1t
appeared tina. Haskn at shortly before the forgery
keeper; that the body of the draft was filed up his
bandwripg; but there was no evidence that the sig
nature was in his handwriting or that he was con-
pected with presenting the draft, obtainrng ruu
money; or In any way connected with putting It
afoat The Judge neld u o. the evidence insufis
cent, and ordered the prisoner to be discharged.
UNITED STATES DIsTRicr CouRr. = Before Judge
Betts.-7riaitor Repolwilliam Butler, indicted for
an attempt to create revolt and combining the cap
tain Of an American vessel, was put on his trial
second time and found guiityf bat recommended by
the juiy 10 mercy. Sentence postponed.
CouRr GENERAL SESSIONS, Oct. a. : Before
the Recorder and Aldermen Deforcst and Hatfield
Sentnees-Rotanna Divine, heretofore convicted of
grand larceny was sentenced to the State prison for
the tenn of two years. William Burns and Andrew
KcKay (boys) having before plead guilty Of forgery
were sent to the house Of refuge. Motions- This
being motion day quite number Of cases were cost
poned, or put off for the term In the csse OF the
Tsopie VS. Ciaudi1s pord, EDWARD Noye and David
written instrument by false prete nces q demurrer
was put in by the counsel for the defence insisting
within the statute f'r false pretences This demurrer
was opposed by the prosecution, and the case was
argued. Decision deferred
Covsr CALENDAR FOR MoNpAy.-Circuit Comf-2,
8, IL. % So 80 AZ As 40 81 So IS. &c. 81 IS So go,
81 So, ca 65 &C. g. 60 So Superior Court153 81 So,
c. &c. l42 154 to 159 A. 14O So 129 ST. 456 go 1l3,
g. l75 1870, III As 81 las TO- ISL, 1872 149 II p, H.
TO- 105 10 So. 16, SO, lis, l. 1os, 80 33 81 49, 49,
@ ffsss lss ps1ss1
100 es 3c0 $780, 1872 1886 1885, lio, 49, $780, u.s. $780,
90, 210, 2l6.
TRIAL OF GEO MILLER FOR FORGERY.
BosroN, Oct ID. F. ErHERIpGE.-- Reside in Rox-
bury know Miller; know Bekn4p by sight; have
M. and together at 4th Ward House and in
Wilson's lane have seen them at q desk in 4th Ward
Houfe-one or both were writing it was in the sum-
them there more than once have had note in my
hands signed s. r Belknap-received 1t from Miller;
day received it they had parted but a minute when
! received it think 1t was the same day saw them
at the desk
Cross .uamined - Had that note about an hour
received 1t from Miller gave M no money for the
note tie note was for 50 500, payable to Miller
money $50; did not get it can't tell what month Of
summer it was don't know when the note was pay
abieI read it ann sure Of the same during the hour
returned it to HIM; remained all this time at the
4th Ward House this claim for 500 vague
settled one had evidence of it in writing Miller
to to ask about this transaction about three
weeks ago shouldn't have thought of it if he hadn't
called 1t 10 my mind.
NEWELL ADAMS recalled.-The witness produced the
! books mentioned yesterday. Mr.. Parker examined
them) The dates Of the memorandums are June 2 8,
| July Is, Aug 5; this is my own account; kept it
for my own the debit ride indicates every thing
received, whether notes or otnerwiseI the credit
side is entry Of notes SC: might deliver wrong
they are very inaccurate. think the correct
can't say whether the memorandums of Belknap's two
notes of 81 600 were for notes delivered whether
the cash was paid for them (The witness desired to
explain what he said dispositions yesterday
Thought had DEF osi ions; can now swear bat
saw; requested by Mr. Fiske to take in5erroga-
tories, destined for London to Mr.. Acpnwas office;
waiting there few moments saw that they were in
terrogatories (Mr. p. showed the witness the memo
| randum book A line under date of May II, was
iten about that time-subseqrent to the other en-
ties-ater Miller went away; THIS rs on the PAGE OF
the abstract; the entire page was made after Miller
left
G. w. EpMAsDs.-Am a halter; know Miller; know
Be KNAPP by sight saw them together several times in
lS47 at the 4th Ward House-n the spring; saw them
| there various times during the week. saw the al
transacng business in the reading at the desk
| they busy with papers; have seen money pass
between them once or twice; never saw paper knew
| to be netes pass between them.
| Cross.ezamined Never was requested to witness
any of their transactions; nothing particular called
my attention to 1t.
Ward House in '47; left there June /, 47 know Mil
1 Ter and Belknap; saw them at the 4th Ward House
| neutrality-suspicious. at the desk in the
reading roomsometimes at the desk in the bari have
them with notes; Miller to the desk at
the bar with six notes. presently Belknap came I'M he
notes M ana Gs dined frsSueDSy there While was was
there this time in the afternoon have them
there occasionally In the evening-generaly in the
sn' don't hn0" that they ever met BY appoint.
Cross. eramined. Tended bar at the 4th Ward
House; can't tell how long before left saw b sign
the papers, 1t in the fprlng Of al fall of '46;
glanced at the papers; didn't read them; can't say
they were not stock notes. can swear they notes
think payable to Miller; there other papers
at the time; the papers not put in my hands, did
not Miller write his name on the back Of them;
| should think the body Of the notes In Adams
hand writing; may have mentioned this fact before;
raid nothing about 1t till sfter Miller left the defend
ants counsel have asked about this matter within
q week; can't say when first mentioned 1t; havn' {
spoken Of 1t till very lately; made memorandum of
the occurrence have great many people de bu
| sness ct the 4th Ward House.
8. HILLIARD.-Resides at Milford; known Miller for
Eve years. resided at Watertown In "a and '46; have
been in Mller's Office often during five years. most
often there in AT resided in Boston about year be-
tween "a and AZ; know Belknap; have seen him With
Miller in MS Office frequently; seen them transact
business together With papers; seen B. sign papers;
appeared to be notes; at Concord 1t g house;
| Miller was with me; they had q number Of papers at
the table; Nj produced them; nj. told B he would like
to exchange some notes shorter time; don't know
| b. made any objections; saw Belknap write these
papers; can't say that Miller brought away the