The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-16

untenabo. demurrer overrulou
EdDard H. Tracy ps. Cornsiis f.. Laprence.-This
motion to set aside the report of referee The
action was brought for work labor aud services and the
favor Of the plaintiff On the part of the defendant
contended that plaintiff acted witness in another
cause aud that therefore he not entitled to COM
pspsstion and further that promise ever made,
and therefore no promise be implied. The Court
held that where has been performed by one per-
for another, premise to pay will be implied except
where there is an express agreement to the contrary
brought to recover the value Of quantity Of goods al
legged to be obtained by fraudulent anu
verdict was rendered for the plantn ne s @ 20
the evidence aud upon that grounu souBh 70 SCI tue
verdict aside The court we're OF opinion that mere
was ground for interfering with the verdict Verdict
confirmed.
Kennedy vs Nevmam--In this an action of cove
nant was brought by plaintiff Against defendant. Ii
that in 1914 the plaintiff purchased four lots Of
ground in Myrtle avenue Brooklyn from the defendant
In 1886 1t discovered that Of the lots had been
sold for term of 100 years in S43 for corporation
sessment and certificate Of sale issued to the pur
covery the plaintiff entered into nsgotiaton with the
purchaser, and paid him back his purchase money and
other expenses siter which ne commenced TINS ru,s'
Judgment was given for the plaintiff subject to tho
opinion of the full court The court held unanimously
that the evidence adduced at the trial Insufficient
and ordered nonSuit to be entered
SUPREME OoURr-Generd Term-Present, Justices
Strong. McCoun and Edwsrds The People Us. Madame
ResteH The argument Of this case was taken up to-
day and Of the counsel Of Madame Reste in part
heard The stands adjourned to Monday morning.
COMMON PLEAs--In Banco Decisions Harrington
vs. Mason; motion for trial denied with costs. Nj
chols vs.. Dusenbury; verdict confirmed with costs
Carey VS. Parker and others; new trial ordered with
costs 10 abide the court
CouRr OF GENERAL SESSIONS jan Is Before Recorder
Scott and Aldermen De Forrest aud Kelly.
Conrictsd-Atrhs opening Of Court this morning, the
yesterday was resumed Several additional witnesses
called to testify to the previous good character OF
the accused The then submitted to the jury,
who found the accused guilty recommended him
the mercfu consideration Of the Court. Sentence de-
James Wilson implicated with George Green, then
withdrsw his iormer plea OF not guilty and pleaded
was deferred until Tuesday morning next.
Case of Edmund Hammond In the case Of Mr.. Ham,
mond who convicted fsw days ago, In this court
of having counerfcted the labels Of j. F. Coates of
Glasgow aud used them upon spool cotton Of his own
manufacture, the Court in consequences Of this being
the first tried under the law, and ignorance
the part of the defendant Of its existence fined him
500.
Trial for keeping Disorderiy House-John Mont
gomery indicted for keeping disordsrly house in the
4th ward then called to trial but after the empan
Melting Of jury the Court adjourned until Monday
CouRr OF GENrR AL SESSIONS, Dec 2l.-Before Recor.
der scott, and Aldermen smith and Crolius-John Nc.
Trial fsr Receiving Stolen Goods Mary Reed, Mar
garet Reed and Dennis Winns were placed at the bar
for trial on charge Of having purchased from lad
and q number of shirts, alleged to be worth $500
knowing the same to have been stolen.
SAMUEL BEMAN. examined for the prosecution My
wife kept shirt store at No 1919 Nassau street in May
last On the night Of the 25th Of that month the store
broken open and robbed Of four pieces OF linen and
seventy eighty ready made shirts there was some
other property stolen at the sans tine the value OF the
property stolen about $3.50 to $780, never recover
81 Mss B',rSS examine was in the store of Mrs
Beman know the store was robbed of some pieces of
linen; think four five pieces were takeu don't
know how many shirts were stolen, but should think
about sixty; a shawl belonging to person who slept
IL the store also tsken | went with an officer
to . house in Cross street, where | saw Mary and
Margaret Reed in presence It was said, 81 saw
Margaret there; did not see Mary there; saw her
in this bu,ding;" the officer searched the premises
and found In bureau great many clothes made up;
many of them were linen; did not see any that were
not made up; it linen; had linen exactly
like it in the store Of Mrs Beman; it was three or
Mrs Reeds; it was then made up into Sheets pillow
cases, night gowns, sc at Mrs Bemans it was made
into shirts and bosoms it is not customary to use
heavy linen Mrs Beman uses Richardson's and
Owders linen. also George and F. Hayes linen; it WAS
the Hayes linen that was stolen know there is not
much of it the Market Mrs Beman had two of
It'll the store at the time Of the robbery which had just
been bought.
Gross eram,ned-An officer and MIR Beman went
with me TO Mrs Reeds. | was there half hour and
where have lived nearly two years With Mrs Bsman;
there is such linen in the shops never saw any like
bought At Mr. sp1 1
be made up have been In different linen stores, and
never saw like that kept BY Mr.. Bemsn; some Of
the linen think, had been waehed but don't exactly
Direct examination rssumed-The shee.s are made up
yard wholesale prices 1t sells retail at 80 cents
thenen the as that found in Cross street ut
L. ssow examined-The property produced
was taken from the defendants and has since been in
Mrs BrMAN examined-I keep shirt store at lag Mas
sau street. the property here before me- ID mne the
linen ofs peculiar KIND there very little oi IN rms
vous to the robbery; had previously used only Rich
ardson Owders; this linen is manufactured by George
Frederick Hayes In Ireland, and imported by fsrsse
Brooks of the large paper warehouse Nassau street,
of whom is brother nlaw of Hayes; We bought two
Of this linen in April previous to the robbery;
know this is the linen stolen from the store because
had Immediately previous to the robbery examined 1t
critically with linen glass, to know the number
Of threads exactly in the inch, and / have now
examined this in the way, and 1t is the same this
linen is ofsuch peculiar kindhat any person handling
It could think Identity it without mistake; am in
the habit Of purchasing linen all over town and examin
ing 1t very particularly and constantly inqurng for 1t
Ia great many linen houses but in the four that
have been engaged in the business never met any Of
this kind Of linen previous to November year ago.
such linen into sheets because It Is only
wde and would require two seams We buy the linen in
containing thirty pieces each. The shawl and
to a young lady connected with the store.
MIR MURRAY, police clerk, examined-The memoran
srticsS taken from Margaret Reed and Dennis Wine
on the l4th Of August last
E. W. Pew exsmined-On the morning afsr com
mitted the burglary was at Margaret Reeds house. No
90 street. where sold the things Margaret Reed
keeps q grocery store and sleeps In the room
over it, Dennis Winnie is her bsr-keeper; Mary Reed
lives az No. s5 Orange street No at Msrgarsts
in the morning but Dennis Winnie. had one Of the
shirts OF Mrs Bemans rolled up In my pocket showed
it to Dennis and asked him what he would give for
It, He said that he would give me three shngs for it.
told him to give quarter thing TO drink, sod
clear of the Ia owed him and ne might have
1t told him that had some linen, aud asked him If he
would buy it. He vent and got Margaret Reed then
went and brought the linen from Ann Doran's house.
where had lett 1t the night the burglary committed
arst three pieces Of linen to Margaret Reeds
There only Margaret aud Dennis in at the time
Margaret offered piece then 81 apiece and fna ally
sgrerd to give e s. for the three pieces Dennis paid
me So the morning aud Margaret gave So right
Margaret sid II would go round 10 her house in the
evening she would have Iobln there who used to 20
round p-ddog, but since gone to Baltimore, and he
would buy the shirts | went there in the evening"
Tobin Dennis, and Margaret, we're present; had six