The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-20

in which Ann Barry WAS the plaintiff and John Barry
was the defendant. Mrs Barry filed bill sgainst her
husband in the Equity side Of the Supreme Court,
praying to be divorced. on the ground of adultery.
An issue was framed and sent into the Circuit Court
TO be tried BY jury. There was no appearances on
commission of the adultery md the Court directed the
jury to find verdict for the plaintiff Verdict accor
dinghy.
John Doe We Richard Roe-This was an appeal in
the Lature of feigped issue. from the decree Of the
Surrogate lappeared from the statement of counsel,
that the issue directed by Mr.. Justice Edmonds
in controversy which was carried on before him
lative to the will of the late Miss Henrietta Hicks,
lately deceased. Miss Hicks appointed Mr.. Samuel
Willet, her brothern law, her executor. MIR. Willie.
propounded the will before the Surrogate Of the coanty
of New York witnesses were called one OF whom was
Mrs. Wiet, the wife of the executor Her testimony
rejected by the Surrogate, on the ground Of her
being the wife of the promovant. The testimony OF
Of the other witnesses also rejected on the
ground that he had not complied will all the formali-
ties required by the Statute in the execution of wills
There was then only one witness to the will whose
TESTING could be received and the Statute requiring
two probate refu ed by the Surrogate and letters
Of administration era nted to third party From this
decision the parties interested appealed there was no
wit pesses to the WILL being examined, and IL appear
ing from their testimony that the tetatrx executed
the will in their presence, her last will and that
they signed it in her presence the Court directed the
jury to find verdict that the will duly executed
Verdict accordingly.
COMMON PLEAs-Before Judge Daly.-Beaty u.s. Null
igan The jury rendered verdict for the plaintiff
for $50 damages.
Frederick Good,cin John B. Rey-This was an &C
ton for malicious prosecution 1t appeared that the
defendant in 1916 entered into agreement with the
plaintiff that the plaintiff should sell groceries for him.
by retail through the city, and furnished him with
horse and wagon to dive about and carry the goods
from place to place allowing him certain per centage
on the amount of sales Matters went on until July
lice Office and made affidavit, charging plaintiff
with having received SO 49, the money Of defendant
from Mr. Mott, which he embezzled and converted
granite under which plaintiff arrested The charge
afterwards Investigated and the complaint dis
missed For this the plaintiff brings the present action
to recover damages The defendant put in a plea of
Justification and proceeded to examine witnesses in
support of his plea. Adjourned to tomorrow (this)
morning.
Before Judge Ulshoeffer. The Protection Insurance
Co. u.s. Samuel D,iny. This was an action brought to
insurance effected By the defendant his house. fur
niture and stock in trade, at the village of Astoria
Long Island The house was burned down on the 4th
of July 1915 The usual preliminary proofs made
and furnished and the amount of the policy paid af
ter deducting the value of the property saved The
company aege that they have since discovered that
in the valuation Of the property said to be destroyed
the defendant has committed fraud and seek to
back the amount paid. Adjourned till to- morrow
Before Judge Ingraham-Special Term.-Decisions--
s. p Bropiey Us. Mary Reity.-Motion for reference
Edward p. Clark rs. E. d. Jones.-Order to refer to
E. Ketchum and L. Brown granted, with liberty to
substitute third referee, as prescribed by the code
Wilson Ma, tin Motion for reversal Of judgment
granted.
US. MARsHAL's OFFICE, Sept. 19.-Charles w. Gray
and William Butler, two of the crew of the American
committed for examination, for an attempt to create
revolt on board said vessel
GENERAL SESSIONS, Sept. 19-Before the Recorder
Aldermen Smith and Dodge.
Pleaded Guilfy-Catharine Gallagher pleaded guilty
to charge Of petit larceny, and was sentenced to
thirty days confinement in the penitentiary. David
Real and John Francis, indicted for grand larceny,
pleaded guilty. and were sentenced to two years
nement in the State prison. W. Strong alias Palmer,
alias Burch, pleaded guilty TO charge Of obtaining
goods under false pretences and was sentenced to
Sentenced. stephen Jacobs, found guilty Of grand
larceny was sentenced to two years confinement in
Trial for Receiping Stolen Goods-John Hodgkins
was put forward trial. charged with receiving stolen
goods.
DAVID Gocers testified that, on the 4th of August
last some Of his goods, consisting Of hammers stove
pipe, SC, were stolen out of his store and subss-
quently ne found two hammers and one or two other
the whole being worth abodt So. The defence put in
BY prisoner was that he purchased the articles from
blacksmith he suspected, at the time that they
were not honestly come by but with the view OF re-.
storing them to the owner should he nd one Prisoner
apain, simple, and evidently honest story to the jury
VINO acquitted him without leaving their seats. He
lives in the vicinity Of the Five Points, which caused
suspicion to his honesty On leaving the Court,
he was admonished by the Bench to be more careful
in future, to which he replied will, your Honor,
and and though live there i !; a enough nsghbor
much laughter in Court; upon which hs withdrew.
Grand Larceny. Patrick Nc Cauey was put forward
on trial, charged with stealing watch and $50 in
gold, the property of Michael Kearns in August last
Michael Kearns, the testified to the facts
and was corroborated by another witness. The pri.
he had employed counsel, named Sneibly, and
gave him an order for his trunk, and money to
scrip as he was returned volunteer, and sso some
money That his counsel sold the land scrip for $780,
and was not there to defend him. man, whose name
did not transpire came forward and said the counsel
had returned through him the auount, some S25 his
Fec No defence being made for prisoner he was found
guilty and sentenced to two years confinement in the
Pleaded Guilty-Thomas o'Brien, Thomas o'Brien,
jr., Mary O'Brien, James Conway, and Anne Conway,
severay pleaded guilty to charge o. assault and bat
Grand Larceny Frederick Hobner and John Buck,
were put forward on tT, chargs0f grand
tbs Of ss the bs
stands adjourned over to this forenoon
Court CALENDAR FOR THIS DAY.-Circuit Court
49, 49, 40, 49, So So to 65 inclusive. Common Pleas.
1877 123, 49, 1877 157, 1913. Second Part-116 $780, I64
"a, ~ 9s, H. &c. 1885, 14o 1885, 40, 174 TO- Ito, 1874
CoURT OF APPEALS, Sept 16-All the Judges present.
No. 15.-Richard Roe VS. John Roe. John Gaul for
appellant II. Hogeboom for appellee.
No. 2s-Janet Wilkes ct. al. VS. James Harper et al
mir Evarts for appellants Mr.. Foote for respondents.
SEPTEMBER 1s-The argument in No. 2s, was
brought to a close this morning.
No. 1S.-Ro6ert Dunlop VS.. c. c. Ciute et al. L. l..
Lansing for spondent; s Stevens for appellants.
ALBANY CRIMINAL CoUaTs-There are now about
40 indictments awaiting action in the Mayors Court
Albany.
HOME CIRCUIT, GuILDronD, August 23.-(Before the
Lord Chief Baron and Special Jury.-Hamiiton u.s.
Cochrane.-This was action brought upon an al
legged infringement of patent The cause commenced
Monday morning, and occupied the Court until the
middle of the day, yesterday.
MIR SERGEANT CHANNEL, Mr.. Serjeant Shee, and Mr..
Peacock, were for the plaintiff; Mr.. NJ Chambers, Mr..
Hindmarsh and Mr.. Willis were for the defendant.
Mr. SERGEANT CHANNEL, in stating the case said the
plaintiff a native Of the United States residing
New York and the defendant native of that
country. The plaintiff had devoted his attention to
the improvement of tho mode by which timber for
ship building purposes could be at cut to the
quired shape and he at last succeeded in nventing
saving machine by which timber could be cut to any
shape, and without the waste of stuff occasioned by
the common process. He took out patent for Amer
lea, and being also DESTROYS Of obtaining in Eng