The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-17

Law Intelligence.
U,Irrp STATES CIRcvIr CoURr, November 16-Be-
fore Judge Nelson William Thral, Receiver, &c. ps.
Dwisht Dsnforth This cause given to the jury
this evening. Sealed verdict tomorrow morning
UsIrEp STATES MiRsHAL's OFFICE, Nov. 16.-Charge
Of Emsss siemsnt.-Capt Durham OF the bark Clars-
DEPUTY marshals, under warrant granted by George
w Morton, Esq United States Comnlissioner, on
1t appeared that Messrs. Chasteain & Ponvert, the
owners Of the bark, placed in the prisoners charge,
nye hundred do1eoSns anS entered Them on sns Dill
which the vessel sailed from this port to Trinidad de
Cuba there to be paid to the correspondents OF
Chastelan Ponvert but 1t turned out that only two
hundI ed and fifty paid. The house In Trinidad
apprsed the parties here that only half the money
came to hand-u upon which Chsstel.in Ponvert sp-
piled to the local authorities and obtained warrant
and had Captain Durham arrested, as the Clarissa
Perkins came up the bay. Upon Investigating the
matter 1t found the State authorities had no ju
rsdction. An application was then made to the Uni
ted States District Attorney who procured warrant.
charge to the United States Marshal He commit
ted for examination.
Charge Of CruelHnd Unusual Pmnishment.-The ex-
of the of Captain Eldridge aud Quinn
his mate. charged with inhictng cruel and unusual
punshment, is postponed Beetham the frst mate, is
discharged. The examination Of VIM. Mason, mate
ofthe ship Admiral charged with infoting cruel and
unuEua punishment on Jonathan Palmer, one Of the
crew Is also postponed
Common PLEAs-Before Judge Ulshoener.-.4nson
Blake us. William Weisser-This wac an action to
recover eight months rent OF premises In Atlantic
street. B.ookyn 1t appeared that the defendant took
that he occupied them for four months paid the rent
for that period and then abandoned them first giving
up the Key to plaintiff agent The defence was first
written agreement, promised to make certain repairs
which he afterwards refused to out The Court
previous subsequent destroyed by the written
agreement and would not permit evidence to be given
IT, the next ext defence was that pSn IS agent
plaintiff had ratified the acceptance by Offering to let
the premises to another tenant To this it replied,
that plaintiff agent had accepted the keys, protest
ing at the time that he would hold
countable for the rent, and that the plaintiff had
right to let the premises, and that If he had sue.
defendant who would be entitled to credit, as
against his liability for such rent as might
the plaintiff had right when premises were surren-
dersd to enter for the purpose of protecting them
term without defeating his right afterwards to sue
the first tenant He also stated that if they believed
the plaintiffs agent received the key under protest,
and told the tenant that he would hold him RESPONSE
ble it was not an acceptance, and the plaintiff would
be entitled to recover The jury, however, found q
verdict for the defendant
John j. Buckham Us j. j. Westerpelt, Sherif.-This
action of replevin to try the title of the parties
to quantity Of dry goods seized by the defs
under an execution. 1t appeared that. in 1912 the
plaintiff father made two pr omissory notes. for
$50 and the other for $40 The former note pass
bis father came to this city End commenced the dry
goods business in partnership Some time after the
alleges That the father sold
store and stock in trade to him the plaintiff and that
at the time of the seizure under the execution he
was in possession under the deed Of sale. Avery in
the meantime, brought suit on the $50 note and
obtained judgment, upon which he issued an execu-
ton and levied on the property. The plaintiff after
Of and the goods
whesher the sale to the plaintiff was a bona fde
OF not. Adjourned
Counr OF GENERAL SESSIONS, Nov. 1s-Before the
Recorder and Aldermen Mcknight and Fitzgerald.
The Grand Jury came into court this morning,
presented number of bills, and proceeded to their
chamber for the purpose Of continuing their abors
Trial for Tiolent assault and BatteryThe case of
The People Michael Snider and George a0s Joseph
Exer, charged with violently assauting Martin Wolf
on the 7th of May last was resumed from yesterday.
Wolf testified to the fact of his being assaulted and
identified the prisoners the persons who perpetrated
the blows which cost him his eye There were
twenty persons in the dance room at the time The
case was prolonged by tedious examinations on &C.
count of the witnesses being mostly Germans who
The defence introduced testimony tending to
prove that Wolfwa quarrelsome and that the blows
inflicted upon him In self fence, and the
tention in consequence of annoying conduct
the part Of Wolf towards the wife Of of the defen
IN hs sas e
the counsel both sides, and submitted to the jury
under charge from the Recorder. The jury found
The court adjourned till II o'clock tomorrow
morning
CouRr CALEspAR-For this day Commonl Pieas-lst
Pdrt13 l05 107 109 ILL., 1l3 lis, III, 119, 12l. I'd
Partl30 1874, g. 1885, 1873, 142 IA 146 co. 1872 l54,
156, 15S, leo.
CovRr OF APpEALs-November Term-Tuesday. Nop.
H.-Chief Judge Jewett announced that to. day was
day for the hearing of motions. Whereupon the fol-
spondent Us. John L. Aspinwall and others, appel
lants-Motion to put cause on calendar, Mr.. George
parties. Ordered placed calendar No. 81 calen-
ct al respondents Motion to dismiss appeal in Iii:
cause; P: Y. Cutter, attorney for appellant; A. H.
Dana, attorney for respondents. Mr. George Com
stock, Of counsel for motion, was heard, and Mr..
Y. Cutter, opposed. Also motion part Of
Mr.. N. Hill, Junior, resumed his argument in
csuse No 8, and Mr.. Brown closed for appellant.
No. 9-lraac X. Beach ct al plaintiffs in error,
william c. Grain defendant in error. Owen and
Prescott attorneys for plaintiffs in error Jay Hyde,
opened the argument Of this the part of the
plaintiff in error; Mr. Kearnan was heard on part of
the defendant in error Mr. Hiram DEMO then closed
the argument part Of the plaintiff in error No. 70
The Chensngo County Mutual Insurance Company,
and the Receiver. appellants u.s. James B. Bodle, Sur
vivor, SC, respondent H. r. Mygatt attorney for
appellants; s B. Cushing, attorney for respondent.
This cause was submitted without argument. No. 10
James E. southworth siat, appellants u.s. Charles H.
pellaEts; Q B. Mattesen, attorney for respondent.
This cause by consent goes over the time Syracuse
Star, Nou. To-
In the Supreme Judicial Court of Massachusetts,, on
Tuefday, there vast crowd to hear Mr. Websters
folk bar in relation to the death of the Hon Jeremish
Mason. The Court was opened by an exceedingly
impressive, eloquent, and appropriate prayer BY the
Rev. DR. Higgins. Mr. Webster occupied three quar-.
tiers Of an hour in delivering his eulogy upon the
professional, POLITICAL personal and religious charac
ter of Mr. Mason. He said the deceased always che
rshed deep conviction of the authority Of the Holy
Scripture and that after his retirement from bust
ness his thoughts dwslt much on the necessity of
preparation for another world and that he would fire.
eny introduce the solemn topic In conversation.-
Boston Post.
Police Intelligence.
Burglary and Arrest of the Roguss.-On Tuesday
night last some burglars broke open side door lead
ing from the entry into the store Of Jacob Wander
bit Co.. tailors No. l22 Fulton street. and without
being detected surprised by the police Of that dis
rict the robbers managed to convey from the store
eighteen new two cosks two pieces of black