The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-18
Law lnteIlIQeuce.

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both sides concluded about two O'Clock Judge Ed
wards then commenced very luminous abl. charge
three The jury then retired, and at four O'Clock s-nt
Of the officers into the court ROOM to that
they had agreed to their verdict. The imme
then called over, and the clerk asked if they had
agreed The foreman replied, mot guilty." upon which,
tampted to cheer Judgs Edwards ordered the officers
to take Lotto custody any person creating noise or dis
discharge, upon which the Judge asked tbs District At
tornsy II he had other charge against him The lat
ter said be had not Dunlap was then discharged and
cheering was Immediately suppressed by the officers.
He then left the court ROOM after getting into the pas
taken back into the Superior Court Clerks Ose, until
they dispersed Ia some short time after, he left in
p&ny with his father and mother and other friends
SUPREME CovRr, March l7-Specia Term-Befors
Judge Hurlburt- George Sehon and others. plaintiffs
in Error, Samuel r Isn't and others DEFENDANTS
Error.-The action in this was brought on q re-
which judgment obtained for $3.50 debt and S903
10 dsmagss and costs. Tho defendant in after
wards eusd out writ OF error, and entered into the
usual bond; but, in filling up the bond described the
judgment to be for $2e3 ID cents debt, and damages
in to quash the verdict the ground
of the misdescriptiou in the bond Tbs molten OPP
prsme Court and that the motion should be made to
that Court Motion denied, with costs to abide the
event
The matter of the Petition John c. .dHispatch,
for an attachment sgatnst the Phelps Manufac-
turing CompGny-The Phelps Manufacturing Com
pany, a foreign corporation, obtained an attach
ment out of OF the Courts of Connecticut,
against the firm Of Steiger, Enz & Co. doing bust
ness ct the town of East windsor in that state di
rooted to the sheriff OF the county of Hartford I'm
der that attachment the sheriff levied the property
Of stsgsr, Enz Co (; amongst which we're three ma
chimes for the manufacture Of knitted woollen
goods and one for the manufacture of wools1 goods
the latter, called a gillstt machine,n which Mr.
March, he presented petition to Judge Edmonds, set
ting forth the facts above and that tbs machines
stsIs.r En- COR nor had thew snv r.ht title o.
or interest In said machines. That they seized and
moved said machines against the will of petitioner and
still unawfully detain the ssme, and that he has
tanned damages In consequence Of such unlawful taking
according the best of his knowledge and belief Of not
less than $4,000 That the Phelps Manufacturing Com
paay possessed Of certain property and effects in
this state and within the city and county of New York.
BE- $ him to
take such property and safely keep the same In pur
of the prayer Of the petition, attachment
granted motion is made to Get aside the attach
mont ON the ground Of irregusrity.
CouRr-The statute q Rs. Ed 375, SEQ l7) in the
painsst terms requires that the application for at
tachment against foreign corporation sha be accom-
panied by the AFFIDAVIT Of the PLAINTIFF specifying lin
which he shall claim to be entitled This requirement
not complied with in the present and for this
cause the SsisndSn. move. 70 set a'as inc
prevail the statute admits of but one construction
The requirement is positive that the Plaintiffs affidavit
eha accompany tbs application, and the Legislature
alone dispense with 1t. Motion granted, with $40
costs
SUPREME Covar, March l7-Before Judge Edmonds-
Bard.H Us. BurdsH- This cause concluded to day
Judgement reserved.
U. s CIRCUIT CouRr, March l5.-Befors Judge Belts
This Court opened pro forma, and after taking
Ms Horoa announced that Judge Nelson would be
present ~ tho opening OF the ensuing term and In care
~ou Is no 90 % .n9 ~
person In casa, however Of Judge Nelson's not beirg
obliged to lesye for wa.hingten he tJpass resl,'
ak In Vha o-AT nd
Belts would open AID proceed with the business of the
District Court
HIS HONOR hsrsupon proceeded to open tho
u. 8. DtsrRIsI CoURr, March l5.-Before Judge
Bets end a JuryTriaI of MarseIis continued. The
rsation the proper construction sections and %
Of the act of Congress Of 1925 having reference to rob
bling Of the mail and post office beins reserved for the
HIS Honon delivered the following opinion: The United
States District Attorney claims TO sustain this indiet
msnt in this under the 2ad section of the act Of
1925 Stat u l0s 10 is not, dinghy, necessary
TO examine the provisions of the 2st section and eter
mine whether they comprehend the state of facts
charged agsnst tbs defendsnt Ths question OF lew
upon which the opinion and instructions OF the Court
thiswhsthsr the assumption that the defendant
took the package enclosing the letter in quss-
ton, with infant to stsal it, he then being
clerk Employed in the post once is liable TO conviction
for the offence described In that section The poistB
upon wAoh the question depends, have been very
spicuousy and f1reby stated by the counsel Goth
sides but the dsoson Of the to meet the xxi
gences of the trial. must be In good degree mpfomp
u,
Of tho positions by counsel OF the various
statutory provisions which may have bearing the
subset shall limis these observations to s1ceed
iHgy brof notice Of the points raised and the
upon which my conclusions are founded greater
fHnsss OF discussion is not of extreme Importance be-
IL tse result proves unavorabe to the defence
complete review OF the legal questions involved
in the may be had by motion for trial; and
probably Ia arrest ofjudsmsst The cardinal objection
to the indictment presented for the defendant is that
Congress in sections and ~ of the act of 1925 intend
I'd to range the Offenders against the post ofjs law
sutn ,la aAfva t.
oa,s Interested with the custody transportation
at the ma and the other, of strangers stood in
rsstien Of trust or confidence TO ths us post oss
If this position Ia sound the defendant could not be
prosecuted under the 22d section of the sni if this
offence may fall within tnse described by the 2l section,
yet this indictment net being framed that section
he must be acquitted. The words Of the 2ld section
embrace ell persons. The terms the most ample
thas could be employed If any person shall steal the
mail See" Now, although the constru elton of thu
statutes Language, will be understood in relation 10 the
subject matter and general terms and may restrain
ed TO very limited cation yet the rule to take
words in their fair and natural import unless there b.
s,methiss indicated by the Legislature, showing
That intention is inferred In this c,se, because
the 2lst section is supposed to have designated
once subsct to receive punishnsnt and to have
lmpesed special and aggravated penalties on tasm-
have under othsr circumstances. II Cannot be 70.
seivsd AZ Of sufficient any controlling weight here,
bsoAuss the particular eRssce Of stealing mail, or
letsr from the post oace does not appear TO be
vdsd for In that section In that respect accordingly
the 22t section Introduces crms, and than the
Legislature in suojsctiDg every person to pulishpsn
who commits it, must be understood to tbe language
ia las broadcast sense. Tho offence Is way
one Of special nature, to he committed only
sy particular class of persons; but eau be equssy
esnmttsd by every one gaining access to the mail or
Letters, whether employed in the post Office or ntts
ding there As the eoectipg clause in section - It's
terms clearly includes the Of clerk In post Office
Who steals letter or packet there must be clear ground
shown, on the part OF the defce, for exemptDg him
from its operations Such is the rule OF Interpretation
pesaisrJ applied la the exposition Of the statutes
AVID has the plsin petios of the Supreme Court
Of the Uaitsd States, Crazch 35s The case OF
the United states. In Pearson Mclean, IA vas IN
sdiotm mt usdsr both these sections skaass person
vhs hsldthe appointment OF In de-
hvsrisg the opinion, and examining with considsra-
bic mnutensss the provisions Of the law, the court IN
mstsd no doubt, that the defendant subject to Ia
diet eut under both sections, IL proper facts