The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-16

Navigation and the Weather.
From ths Albany Atlas, Nov. IA
hension Of early and possibly sudden close Of the
canals. But In any event, these alarms consider
ana rs %
they have only sufficient notice to get forward their
recent orders. The canal Has closed the last
years, a. follows
is4o. Dscsnber. -. 1s4s, November. .26
1s41, November. -. 30 1s45, do. ..... .16
1872 do. .....2S ls!s, do 49, s
In Buffalo, on Thursday nineteen inches Of SNOW
fell greater quantity, says the .adeertiser than at
any one time during last winter.
On wednesday the snow was two feet deep at Frank
hnville, Cattaraugus county.
We learn from the Cattaraugus Whis that il CON-
menced showing In that county last Monday night
and continued through Tuesday perfect hurriosue
North and East Of Ecottvie the snow is full two feet
deep.
1t showed in Philadelphia on Saturday The Phis-
dephians connect the change Of the weather with the
transit Of Mercury the suns disc. The fall OF
the Thermometer may certainly be attributed to the
transit Of mercury towards the bulb.
From the Hartford Times Nov. l4l
The Thermometers in this city, at half past seven
this Tuesday NOR ming stood ten degrees above
FREsHETs.-The Ulster Republican of Wednes-
day states that the rain storm on Saturday and
Sunday last was SO severe In that county that extern
svs damage was aene 70 roads, bridges, FENCES and
and Middletown turnpike have been carried away,
and also on the Saugertes and Woodstock turnpike.
fences and outstanding corn We have not heard
that the storm did any damage in this county Put
nam.-Poughksepsie telegraph.
law Intelligence.
UNITED STATES CIRCUIT CouRr, Nov. l5.-Before
Justice Nelson William HorlI ct al Receivers, vs
DrigM Danforth.-This sction to recover
$161 49, the amount of two promssory notes made in
December, ls4o and paid in part payment Of the pur
Bank of Crclevile, Ohio Mr. Dwight Afterwards
sold out his interest In the bank to person named
business for some time longer and dnay was under
law In force in the State OF Ohio put into the hands
Of the plaintiffs as receivers to collect the assets and
wind the concern, for the benefit of the creditors
The notes in suit were found among the assets and
the present action brought agsnst Mr.. Danforth, to
recover the amount The defence is that all accounts
were settled between the parties and the amount paid
OIL long since by drafts accepted BY for the
bank. Adjourned.
UNITED STATES MARsHAL's OFFICE, Nov 49,
rested and committed for an attempt to create revolt
on board the ship Liverpool her passage from Liver
pool to this port. He committed for examination
Cruel and Unusual Punishment-The master and
mate Of the same ship were also held to bail for cruel
and unusual punishment. William Morgan, seaman
beard the ship Admiral also committed for ex.
animation, on charge Of cruel and unusual punish
ment.
CorRT OF ArPEALs-NovEMBKR TERM-Monday
Nov l3-Mr Cemstock resumed his argument in
cause No Is and MIR. Ringer closed for appellee. No. g.
Jeremiah Gates. ct al, appellants, the Madison
County Mutual Insurance Company, appellees. d.
j.
Mr.. Brown opened the argument of this cause, and
Mr. Hill commenced his reply and did not finish 1t the
adjournment OF the court Court adjourned until to-
morrow morning, 10 A. M.-Syracuse Star.
CouRr OF COMMON Pleas, Nov. 15- Before Judge
Ulshoefer Cornelius De Forrest James Sparrow
This was an action on the statute Of May Is 1885, to
recover Slal the difference between the price of 22O
gallons Of sperm oil and the quantity of common
whale OIL and, ALSO to recover $50, the penslty given
By the act for selling whale ell Is sperm In November,
lS the plaintiff purchased from the defe ndant 22O gal
Ions fsperm oil ~ 81 20 per gallon amounting in the
whole, to 1894 The oil delivered but the plaintif
alleges that 1t oil and claims to recover the
penalty and the difference in price bet ween the two
articles The defence is that the plaintiff himself had
not complied with the requirements of the statute and
that therefore, he IL not entitled to recover on that
ground; secondly that plaintiff had used the article
and that settlement took place between
the parties and that plaintiff got reduction in the
price Of the oil, and gave receipt To this the plain
TIL replied, that he had complied with the statute by
having the oil tested according to its requirements;
had brought suit in the Marine Court against defsn
dant AID that the latter pleaded the receipt in cues
ton against claim made In that suit for storage
The Judge told the jury that when plaintiff brings
an action en- penal statute which is considered
harsh proceeding he is bound make out his case to
he had done not; Il he had They were bound to
90 being the full claimed fer difference Of price
difference.
CouRr OF GENERAL SESSIONS, Nov l5-Before the
Recorder, and Aldermen Mcknight and Fitzgerald
The grand jury came into court at its opening this
morning, and presented Q number OF bills found by
them during the present term.
7l,aitor Grand Larceny George Smith (black) was
put on trial, charged with having stolen q watch,
worth S26, and $50 In money, from Nelson Thorn at
Thorn lives at Jamaica, Long Island, and came int
the city on the sd Of september fell into bad com.
soner where be was robbed: the p.rpetrston Of the
crime, however could not be proven against the &C.
cuted, who was acquitted.
%
embe in having at various times within the
last two years, taken from his employer Thomas
mipg, and other articles worth in all over $500 As
could not be proven what amount of property had
been taken at any one time plea Of guilty. Of petit
accused to the pepite ntiary for six months
7Iiel for Grand Larceny.-Richard Johnson was
tried for stealing pocket book oontaiog $50, from
!iai for a Vioient .4ssaulf and Batie,y.-Michael
Snider ard George alias Joseph Exer we're put upon
assault aud battery on the person Of Martin Wolf on
the eth day Of May last, by which VOLTS life wa, en-.
dapgered, and BY which he lost one Of his eyes, From
the testimony 1t appeared that the 7th Of last Nav
the complainant went out Of town to ride on the str
avenue; 1t was on Sunday, aud he had his wife with
Croton Hotel Madison near the C,oton w.ts
works; there was dance room at Lautman's house.
and Wolf and some friends whom he met there went
In TO engage in the amutement Of the room Exler
Snider man named Swartz and their wives were in
the room at the time and angry words arose be-
tween the accused and complainant. (what the con-
tention was about did not appear) From words the
parties came to 'ce nch as tn. witness termed it
and Snid.r aud Wolf being engaged, Exler struck
Wolf on the head with . bottle, wounding him Sc
verely cutting his head and face, aud DESTROYING
his right eye DR.. Wilkes called to see Wolf and
found bis wound to be dangerous one-he had reason
TO fear infamm alton Of the brain The eye was al
ready destroyed when DR.. w. saw Wolf: the vouna
upon the side Of the head proved be more
than that Of thesye The case is still pending.
CorRr CALENDAR, THIS DAy.-Common Pleas-part
], NOS. 6y, 81, 81 49, g5, 1Ol Q
l2s $780, la4, s, a. 1876, 13s, 14o 1i2, la l46 I4s
$50, 20. NV
Board OF Education.
STATED MEETING, Nov. 15.-Robett Kelly. ESD
President in the chair. -"
approved.
Rports-In favor Of appropriating $3.50 so for de-
,c,sncy In the expenditures Of public school No g.