The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-11
Law Intelligence.


Judge Betts-Tria for RepoH-Chrstopher Morse, and
four others, being five of the of the ship Henry
Trowbrdge of New Haven, indicted for an attempt to
make revolt on board, were put on trial 1t appeared
from the testimony that the Goth July last, while
the vessel lay in Carlisle Bay, Off the island Of Barba
fused to unload the vessel the ground that the ship
was leaky and that they could not live in the forecss
tie. The captain went on Shore complained to the
American consul who came on board. remonstrated.
and offered to discharge Them provided they assisted
to unload the vessel Four Of them consented, and
ceed The captain again complained to the consul
who ordered them to be put in irons. This they
sisted said they were British Subjects and, under
their own guns and would not permit to be
arrested They were, however, put in irons, and
brought home. The defence set up was that tie
sci was not seaworthy and that the men were not
bound to remain in her The jury, after hearing the
judges charge and after celebrating for about two
hours returned with verdict of guilty, but with re-
to mercy. The court ordered the pris-
oners for the present to be remanded.
Adam Hayes, another of the crew, indicted for the
same offence, pleaded guilty, and also remanded
The United States VS.. Nelson c. Marseis-On appli-
cation Of defendants counsel his sentence post
poned until the next term of the court his suretes
consenting to remain bound. Marselis found
guilty some months since, Of mapractices in the post
office
The grand jury came into court handed up true
bill against Joseph r. Corwin, for cruel and unusual
punisement and ignored the bill against Robert Smith,
charged with an attempt to create revolt Thejury
then discharged for the term The petit jury
also discharged,
CoMMos Pleas, Sept. Especial Term-Before Judge
ID. n
IOioch Ordered that it be referred to Henry Looms
Esq.
Same VS. Samuel BirdsaH.-Like order.
Samuel Nc Burney vs. Thos. f. Peers-Motion for re-
hearing demurrer
Horsington ads Thayer admer ct al-Motion for new
trial denied, with costs.
Joseph E. EdssaiH vs. Tompkins Halcomb.-Appeal
dismissed
Before Judge Ulshoeffer-John Early "a Thomas
Gregory.-This was action of trespass on the case
to damages for the loss Of Morse and injury
done to plaintiffs Wagon. 1t appeared that on the
21st Of December last, the yxrties were driving in
Twenty first street in opposite directions The plain
tiff 1t alleged driving at the rate Of about four
miles an hour and the defendant at from eight to
ten miles in the same time the latter run into the
former at the corner Of Broadway and Twenty.frst
street. the shaft of the defendants Wagon perforated
the plaintiffs horse in the breast passing through the
lungs and causing his death next day, and injured
plaintiffs Wagon also The defence set up was that
the plaintiff had crossed from his own side Of the
street unnecessarily, and himself the of the
accident. The judge charged the jury that the rule
of law wac, that each party was to keep to the
right of the other The defendant that in eros
sing to the right, in the usual manner the plaintiff
drove into him. Now, II you satisfied with that,
the ting sas
dant's, but his own ; but q man has no right to do
wrong though he is ON the right side he would
though he was the right side himself It is also
rule Of law that the party bringing his action must
establish it by evidence and show that the fault was
entirely with the defendant and not with himself In
considering the evidence you are to give greater
weight to the witness who appears to tell the truth
ness who appears to be prejudiced and partial II you
are Of opinion from full and impartial consideration
Of the testimony that plaintiff has proved his case,
you ought to give him damages but you ought to go
farther and give such damages as will punish the de-
fendant The jury RETIRED and in about an hour re-
turned with verdict lot the plaintiff for $50. The
first branch Of the Court, in which Judge DAILY pre-
sided adjourned early, no business being ready
SrPsEME CouRr.-GENERAL TERM, Sept. 8, 1S4S.-
Present Justices Hurlbut, McCoun and Edwards.-No
A. on the Calendar-Lea Rearer VS. Biafchford ct
ais, was taken up, and in part argued.
CouRr OF ArrEALs-Tuesday Morning, September
6-Present Freedom @. Jewett, Chief Judge; Judges
Bronson, Ruggles, Gardiner Jones, Wright Gray and
Johnson The time of the Court up to the hour Of nd
journment was occupied In hearing motions. Wed.
nesday, September g. Present Chief Judge Jewett
and all the Judges above named. At the opening Of
the Court this morning the calendar was taken up In
order No. l. Josiah L. Dow VS.. Jonathan Kent, Johr
Van Buren,, Of Kingston, for plaintin in error M
Schoonmaker for defendant in error. No. q Georg,
Burr John Wood. MIR. +. Reynolds for plaintiff
in error M. Schoonmaker for defendant in error
No. 3. Cornelius M Van Leuven Thomas G.. Lyke
ct al. NJ. Schoonmaker fer plaintiff In error T. II
Westbrook for defendant in error. Thursday Sep
tember mo. A Asa Harvey vs. Mary Olmstead ans
others. X. Miller for plaintiff in error II. II. Hogs
boom for defendant in error.