The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-11
Law Intelligence.

they act in the recovery OF stole property We hone
this hint will be understood and carried out by the
! police generally
Law Intelligence.
SUPERIOR CoURr, Thursday, August 1O--In Cham
bers-Before Judge Sandford-In re Thomas (;rier =
t appeared that Crier listed about two weeks since in
the United States service representing himself at the
time, to be twenty two years OF age, and single
His mother sued out writ Of habeas corpus, and
claimed his discharge the ground of his being, at
the time of his enlistment and still minor. The old
lady was examined, and testified thatlhe not with
in six months Of his majority; 1t also turned out that
he had a wife. The Judge discharged him He hew-
ever, doggedly refused to go with his mother and in
sisted on returning to Governors Island the attor
ney had to interpose, and threaten to sue out ano
Their habeas corpus and bring him up again this
ing and also to bring action against the officer for
retaining him after his discharge minor. contrary
to the statute He at length consented to go home with
his parent. The following named persons were then
discharged from the United States frgate Cumberland
James Monroe, jeremiah Dawdall, Robert Clark
Thomas Cook, and James Drscoll John Darkin ano-
Their of the crew. was discharged by Judge Daily, on
the ground of being minor.
MARINE Court, August l0-Before Judge Water
bury-Kinsey rs. Harned,-This was action for
work and labor, to recover $50 for building stoop
was contested the ground that the stoop was not
finished in a workmaulke, manner. Judgment
given for s37.
| GENERAL SEssroNs--Thursday, Aug. 10 This court
opened to day by Aldermen Croiius and stephens
and the swearing in of the jury proceeded with for
the purpose of saving time, to have all things
ranged that the trial of prisoners could be proceeded
with as soon Us Judge Daily would arrive, who n
! gagged in the Court of Common Pleas. There was n
| good deal of conversation between of the Off
cals Of the court and the city fathers the muir
deriDg of the time of many of citizens by hav-
ing them here jurors; and that they
forced to wait en- court that could not proceed with
Iusiness for want of Judge. The Recorder i'll,
and they all seemed to agree that his illness
brought on by having to preside at both the Special
and General Sessions, sitting from o'clock, A. NJ,
till O'Clock, p. NJ, too much for man ad-
vanced in years as the Recorder. That now Judge
Daily presided here after leaving the Common Pleas,
which amount of labor would disable him, and
that it was too much to require expect from him
One of the Aldermen said that he had been engagedn
the business OF the public from O'Clock in the morn
ing and that he would not remain any longer than
o'clock in this hot weather in crowded court. Judge
DAILY arrived In court at IL o'clock and took his seat
on the bench. Soon after, Baxter brought into
court. He is a man Of pale and detected cast Of
countenance with small mark on the LETT cheek;
his forehead low his eye bright denoting at times
as he glanced furtively aside, Intelligence and
ming; he wore white linen coat, and black neck tie
and had his hair neatly arranged The District Attor
ney applied to have the trial postponed as he feared
they would not be able to get there the day of the
trial This was opposed by counsel for defendant but
to which the Court acceded
George Thompson was then placed at the bar,
charged with an attempt at burglary and petty
larceny. The evidence of Elizabeth -, who
lives in Fifteenth street went to show that she
door At her return she found the door had been
open. and spoons, which were in drawer placed
the bureau carried of She then raised alarm of
thieves when the prisoner, and another person, ran,
but he taken. Verdict of attempt at petty
larceny in the second degree The prisoner then
called up for sentence, but Mr. RUSSELL who defe nded
him. moved an arrest of judgment, as he had been
found guilty of an offence not known to the law-an
attempt at petty larceny; and after some discussion
the passing OF theSsentence deferred till tonor-
row, when the case will be argued at length
Edward Lynch was placed on trial for burglariousy
entering the premises in West street, known as the
Pot Ash Inspection. The defence was, that he lost
some money down through skylght, and that he had
the premises laid being the property Of Edward
Cassidy 1t turned out in the progress Of the
en for took
dictment, and commended It could not be sustained,
and requested the Judge to direct acquittal. Mr..
McKeon, District Attorney, said that the ebjec-
ton fatal to the Indictment, but that the
prisoner would be acquitted and he would move
his recommitment, with view to trial Coun-
sci then offered to withdraw the objection and let the
its merits to the jury but to this the attor
ney would not consent and said that the cause of the
defect in the Indictment that he could draw them
only according to aidavits made and handed to him,
on which to draw up the case for the The
prisoner then acquitted under the direction of the
court, but Immediately sent back to prison for
trial
being arraigned under q charge Of grand larceny by
attempting to pick the pocket of Mr. Percel, the
swearing of the jury with according
each juror came to take his place, Mr. James T.
Brady insisted on their answering If they were pre-
JUDGED against the prisoner by the statement which
the District Attorney made the motion for post
ponement that he was a person Of infamous Cha
racter. Some said they were, and some not, and
Mr.. Mcneil, being called up he said he placed much
faith in the assertion Of the District Attorney he
did the statement which counsel generally made in
court This slow process of proceeding wasted i'm
nsity of time and the jury being at length sworn
counsel on both sides agreed that the jury might be
discharged to meet to- morrow at III O'Clock when the
trial Of the prisoner will be proceeded with
CURIOUS CAsE.-Alderman Shermer, of this city,
married a couple the.12th day OF April last, who
had become acquainted from boarding at the same
house for few weeks previous The man, who
called himself James Bartlett, proved to be faith
less, for two or three days after the ceremony he
absented himself on pretence OF going to Trenton,
and did nntr Ina art lnof nnL trtAn
informed the wife that il she wished to see her
husband she would find HIM on board the New
York boat, as he was going to Trenton that after
noon. She was on board the boat before the time
of starting, and there, sure enough, she recog-
nized the man, as she thought, to whom she had
been united in the bonds OF matrlmony, but to her
establishment he would not recognize her, and
utterly disavowed having ever laid his eyes upon
her before The man appeared perfectly astouud-
ed at the claim made upon hirn, and called upon
her to produce her certificate. Thus she did, but
he denied that his name was Bartlett, and insisted
that his cognomen was Flanagan. She still per-
sisted in her claim, and while the discussion was
going on the hour tor starting came, and the boat
was soon gliding up the river. Upon percelvlng
this she became doubly excited, from the fact that
she had no money to pay her passage: A number
OF young men who sympathized with her dis
tresses, made subscription sufficient TO pay her
passage 10 and from Trenton, and she resolved 10
follow the chase to that city, keeping the object OF
her pursuit In close proximity, Notwithstanding
his eXertons to avoid her Upon arriving at
Trenton, the accused was taken before a magls-
tate; and the charge being preferred by the fe-
male. he was held TO bail for farther hearing
Yesterday was the day fixed for dlsposing Of the
case and Alderman Shermer attended tor the pur-
pose of identifying the man he had married to the
prosecurix, but when the accused was shown TO
The alderman, be was unable to identity HIN, and
the modification of the female was complete, when
the employer of the accused, citizen Of Trenton,
proved most positively that he could NOT have been
the man, as he was residing at Trenton at the
time when the marriage is said to have taken
place. The was therefore dismissed, and the
accused honorably discharged The prosecutrix
she accused was the one who had so deeply
wrongly her, but was deceived by similarity OF
appearance Phil Ledger, Aug y