The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-23

this the ground that defendant had been
able to complete the exsmnat on Of witness who had
not attended and whose testimony it represented
important We think these motions ought not to
b. encouraged; It belongs to the referee to cesrmine
the proprety OF postponement5, and we are not In
clined TO listen to such applications bat to leave them
altogether to the discretion of tho referee r. however
justice not done 1t would be open for either party
to apply to the Court and would correct any errors
that might be committed by referee ordered that
motion be denied and that referee may decids as ne
Lent ps Shcw-Iu this case an action was brought
on replevin bond, In the penalty OF $ov wrs oi
msges assessed to the amount Of $oo beyond tne
ty upon this ground the defendant proceeded 20 50.
aside the judsneut This matter was brosght before
Judge at Chambsrs, end order made to annul
the judgment A difficulty afterwards occurred IN
drawing up the order, and it was not tar. taken out
end the pantGs attorney went on and issued an exc
cuon directed to the sheriff with 70 ths
net amount only The defendants attorney made
racoud motion to Judge chambers whieh was dis
missed with costs This order was appsasd rom upon
hooking into it. we of opinion that the dsisndants
rule to entered such as was before granted by tins
JUICE at chamb.rs Ordered that plaintiffs attorney
may amend che judgment and execution.
Gale Ternon.-The action in this csss was brought
several years ago against defendant The plaintiff af.
rights passed to his assignee The claim for which this
scson is brought was sold by the assignee to person
Aligned to Me- MoMaster, who seeks to strike out
the plaintiffs name and substitute either his own name
CT the name OF shannon as the assignee alleging tast
Gale ~ q witness whose testimony Is material The
action cannot be maintained in the name CT any one
but the assignee and If he prosecues no can only do
fer the bsnsnt OF the bankrupts estate there TO-
therefore, preencs for this motion If the assignee
however before and asks us to substitute his
name, will consider 1t but at present, there is no
appcstion Of that kind Ths motion therefore, must be
denied with costs.
Bockour ps. Coxzsns-This case comes before US I'M
der the following circumstances In lS42, a political
body started In this city called the Native American As
ISOLATION; committee got up in the Third ward
favorable to the political opinions Of that party and
person named Heath hired room from the defendant
and executed lease Of 1t for year by order Of the
Ward COMMITTEES; the occupied by the COM
Intee for the purposes of the Associations the rent for
occupied the room for portion OF the next year and 1t
was Tor the rent which accrued for this e tDat the
acton was brought against Msssrs. Co.zsns aud Way
rs two of the parsons who belonged to the Association
There Is evidence that Cozz.ns had thug to do
with after hs was elected aldermsn but on the CON
fary appeared That he demonstrated against hiring
this room We therefore, think there is ground fer
bling the non-suit Motion to set aside nonsut
DENIED.
Sni;fi u.s. Saiih-This matter comes before
report Of referee The action brought to resoyer
compensation tho building ola steambo the matter
Afterwards referred; there several hearings
before ths referees end great deal Of evidence taken
The referees reported navor of the plaintiffs for
upon which great many questions were reserved and
brought hsfore The first material question in the
ssse wss whether there was any evidence Of joint
plaintiff could have action against Of the defend
ants there be no doubt; but it would the
liable; but upon that point not satisfied tho evil
dspee against Reuben Smith is that he only
work 1t sso appeared that when the boat was regis
tered ut the Custom House, the carpenters
the certificate for the for the two defendants but tsp
pearsd that Reuben Smith afterwards explained why
this was done he had made advances while tho vesse
was building and the certificate drawn In his
to give him property in the weasel to his id
vaEcss 1t therefore apparent to that the referees
reisd upon these facts to make Reuben liable for the
building of the boat and in doing think they
incorrect, and the report must be set aside.
porkmdn os. Beach \ DISQUALIFICATION FOR new trial
denied
Coms''ekp' Comsioek Appeal dismissed, with costs
COMMON PLEAs-In Banco-Ds cisions- Nc Carly Gdsm.
Fraser Judgment for plaintiff. with costs
Foster ct al adsm Shanks-Verdict confirmed, with
costs.
CsuRr OF GENERAL SESSIONS, Jan 2l-Befors Recorder
SCOTT, and Aldermen DsForres aud Kelly Disgracsft
Assault AT the opening Of the court this morning, Ed
ward Dsnpses placed the bar for trial. charge
of having committed an assault and battery upon two
German girls Christmas night last. On the part Of
the prosecution IL shown that the girls went into
porter house in 18th street fer the purpose of
upon come instrument, and collecting contributors
that the accused present at the time and followed
them out when they left he was shortly afterwards
obs rived to OF the girls very roughly indeed
and that he fused to let them 60 without being paid
small Of money and that he told various stories rs
the girls having stolen watch from him, &c The
jury found the accused guilty and the court sentenced
him to thirty days confinement in the city prison.
Plead Gully Edward Hamilton, on being srrssned.
plead guilty to attempt to commit o burglary, and
sentence to six months confinement IN the penitsn
tjary.
Trial for Gyasa Lareeny.-Ellen Ryan, a buxom lass
from the Emerald Isle, then placed ut the bar for
trial charge OF While the employ or Jo-
hanna O'Brien, stolen 500, in bank notes and silver
coin the property CT the latter The prosecution failed
to make out the and the jury accordingly rendered
verdict Of not guilty.
Another Trial for .4sssul..-Phllip Hannsman
next called to trial for assault and battery on
MIR. Dowd Fer the prosecution, Mr.. Dowd testified
that the defendant neshbor of his; that day
the accused requested that he might into witnesss
yard to All board up, when words ensued, and
iho aGarit committed. The jury in this also
rendered v, fdict of not guilty.
.sac,hsr Pier Of Galy.-Msra Leonard alias John
.f.nH rand lara ff0hf n
plead gu,y a. petit larceny and the Court sent her
to TIA pcnite for ak months.
Tidlfor bursiary.-Jamss Williams. alias McLaugb
lin, then called TO trial indictment charging
him with having been concerned with another person,
In breaking into The house Of Mr. D. T. Baldwin No 90
Fourth street the night CT the gath Of December last
and stealing cloak aud shawl
Officer BALDWIN testified as followt: AS passing
along 4th street. about O'CLOCK the morning In
tun. discovered H. hit in the basement Of Mr. Bald
wins house, and on tSisg the basement window found
u open suspecCg that something was wrong watched
the premises, aud Two come to the front base
ment door; e,krg them what they doing,
they both sprsug pat me- | pursued them and
suscsedol in securing the prisoners the other effect
cd his escape The property stclen was found where
HE jury found the prisoner guilty and the Court
sentenced him to the State prison for the term Of ten
years and months
.Triai fer 1snslavsht.r.-Patrick Few. alice Fewkes,
next called TO trial 20 for manslnugh
toT Ia having c1ueed the death OF Michael Varsy by
stsbbing him with knife, in the month of November,
1876 On the par; OF the prosecution, Frederick May,
of No all Madison street. testified % follows: know
tue prisoner Feskss; Sunday, November I'D, 1915,
while was engaged playing ball. with sors other boys,
OF the OF Front and Dover sits along
whom did not know; Pew, or Fewkg, said hing
10 him. the then fred threw stick 81 Pew, and
hit him with 1t the back OF his neck Pew thsn went
up to tbs Iaan, with knife in his hand, which he had
been cutting stick with, and struck the nap who
cried mercy: Patrick Few thsn away, and have
not him again until he wsssrrestsd short tine ago
VIM O'NEiL-I was playing with other boys ut tina
corner Of Front aud Dover streets Sunday Nov 2,
s4p, when The Esilor Vsrley serg Pew began to
tease him. The then seized stick out Of Of
the boys HANDS, and struck Pew With it Pew cried be-
esusc the man ad hurt him; he had knife ia bis hand
ct tn tms He vent TO the ssior and plus ged the
knife into the sailor WAC wes removed to druggiets
shop apd afterwards 20 TIE hospital, whers saw him
again after ne dad. 1 was examined bsfors tbs
az the hospital Pew said ha would 60 and give
himself up out be Gid not and did not him again
until The jury found the accused guilty OF maa
slaughter In the 4.h dsrss Sentence deferred until
tomorrow.
u a.I.-