The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-23

SuPREME Couhr, April 2l-Present Justices Csdy,
concluded No. II, Carpsstrvs Hsya's called and
argued The Court then adjourned until Monday next,
tor avsnu. On the drst Tu,sAsy OF Nav the ndsr
will be called beginning ct No rs and continuing thu
call of the reserved causes It'll they Nil disposed ef
: CIncuIr COvar, april aI-Bsfore Judge Burlbut and
eJury-Chsrles II Csrrenter Henry Sheldon Jsmes
Freeiand, William P'er.on, George W. Norris Smith
Crsm, Henry BrOwn Couis,, Wiliam Colt. Stephen
Theodore g. Couies This was an action that had
growing out Of what ha. been Familiarity known in this
community for tho last few years, as the Kidd SWIM
dle' or" Bubbls" and involving the of different
residents of New York. This court was crowded
opened ths case on the part Of the plaintiff, by
calling the attention of the Jury to tho fact that
the subject matter out of which the present case had
originated and which had already been published to
certain sxtsnt The plaintiff in the year 1910,
1914, was of considerable wealth. The defend
ant Pierson, and Others formed joint stock sompany
for tho purpose of eevsng the ship which, twas said
had b.en sunk by the well known tho period Of
the revolution inNhe Hudson river The company had
stock Of 600 Oh ares at 500 each rerson, the dsfen
the stock was issued in the name of Pierson & Co
Counsel hsre entered into detailed narrative of the
to the period of the bursting up of the speculation and
the Kidd Company which has already been published
and went on to tbs grounds upon which tho present
action FOR assault and malicious prosecution brought
by the plaintiff Counsel continued that paintiR having
been the principal cause Of exposure and tho Anal
breaking up Of the Company made the subject OF
series Of attacks and which, in point Of
cool and systematic mslIgnty, were without parallel
bis client being frequently arrssted under charges
which futile and groundsss and being taken
raj times before the Chief Of Police and the Police JUS
tees in this CITY also before magistrates In Rockand
ing warrants against the plaintiff the ground that the
testimony Defective warrant however, issued
BY magistrate In ne.ghborins county, but plaintiff
procured ball. and his trial was postponed to the ensuing
Court Of Sessions whom the parties aoousus did not a
pear: and so he was discharged After giving further
detail Of the particulars which will be found in the evil
dsnoe, the counsel concluded long statement Of tho
facts connected with this The first witness be.
halfof the plaintiff, was called to tho stand.
Captain JAMES NJ. TURNER eworn.-I am an officer OF
the California regiment; knew j. Whitehcuse; he
corporai In my compsny he Was police officer In this
TENDER 1896 left him at Rio Jansiro In the month Of
November OF 1896 returned the 10th Of January ls47
have not left here since have been recruiting for my
regiment
JAMES w. BARTLETT testified he received q letter
from BsDjain Whitehousc dated California September
ID ls46; saw him wrte could swear to his signature
The AFFIDAVIT of the plaintiff setting forth the necessity
Of procuring the testimony to be taken de ben:
witnesses whom he intended to examine was here nut
IN also large batch Of dispositions taken before Judge
Edmonds in Chambers in relation to the case wore put
In They were, many Of them, endorsed BY the Judge,
showing that frequent adjournments had taken place
durisg these sittings in Chambsrs
The defence excepted and the court noted the objse-
ready referred rsad stating the particulars Of the
arrest Of tho plaintiff The court to this
forenoon st lOf O'CLOCK whom tho will be resumed
CIRcuIr CouKr, April 22-Befors judge Hurlburt-
Carpenter SHIELD ct. ai.-This case was resumed
Tho testimony produced onipar Of the plaintiff merely
went to show the circumstances under which the
Of plaintiff was made In the first instance. The case
stands adjourned to Monday morning at 10 O'Clock
1t understood that an afternoon session will be held
each day until the case Is finally dsposed of.
SUPERIOR CouRr--IK BANco, April ~ --Maua ads
Fay r Wilson Order 1t chambers modified, 30 that
plaintiff be at liberty to amend his bill advised with
out prejudice to tho Injunction, on payment Of costs
IF at hor anil 49,,
ther answer shall be made necessary by the amend
ments No costs to either party on the appeal;
JONES smpt, AIDED $e eds Saifer1y-New trial grant
NeiHs vs Bradley Judgment for defendant bis
dspositng will the clerk to be cancelled the acceptance
Of Isaac Boggs; If not so deposited in days, new
trial ordered; costs to abide the event of suit.
Laurence p' Miller Judgment for defendant.
Byady plaintiff in error, Us Sackrudsr ct aI.-Jujg-
mont reversed
In CHAMsrRs-Bsfors Chief Justice Oskley--Habeas
Corpus--1he peePievs John II Lard : la this GAUSS,
Ross who vas charged with grand Isrssuy, he having
stolen $500, and swo-e that he wSs worth large
amount Of money Rors ran away, and Lord called
the District Attorney caused him to BE- arrested and i'm
prisonsd. He wss brought up yesterday to be dis
CHARGED on the ground Of irresularity in the commit
ment The District Attorney opposed his discharge,
and he was reminded.
COMMON PLEAs.-IN BANco April 90 Dscisions -
Heaiy u.s. Sfeb6ingsRcport opened and referred back
to the referee for the further hearing and report
Costs to abide the event Jfreys adj, Brooks Motion
granted pursuant to terms R,ce ads. Yail, @c-Ver.
dict set aside and trial granted Costs abide tho
event Harrington ads. White naturalization granted,
and stayed for 80 days. to enable plaintiff
obtain new administration. Morrison et a. ads Oman
- Motion granted pursuant to terms Norman ads Ste
phenson-No opposition being made, motion granted,
with costs Defendant q. liberty to stpu,ate on pay.
ment Of costs Nee Us Kerchaft-Motion granted upon
defendant paying costs Of daiaut and subsequent pro
ceedngs, In six days. Costs OF motion to abide the
event. they fail to comrly. Motion denied with $40
costs. Burndp et al. HoiloranNew trial granted
Costs to abide the event.
CouRr CALENDAR for Monday Circuit Court-ssms
as saturday. Superior Court-247 92s $50 3 l22 l0O
SO u.s. 253 26S, 25e 260 26 262 263 Al 81 ST. 1856 204
1872 1885, 900 267 265 to 277 ST. 1917 1913 49, 226 1872
90 Common Pieas-50 to SO inclusive
The sheriff Of Passsic county, N. J. (dr Mastery is
missing He left Paterson, tho Lteifgencer says,
Tuesday morning Of last week, and to return tho
same evening" next day. but nothing has been heard
Of him snoc. Various opinions are expressed ~ to
what have become OF HIM but the general impress
sion Is that he has abscondsd He last in Nsw
York, with some l500Fewark .4dverfssr, goth inst
Police Intelligence.