The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-08-30


Aueusr 10 wi!ssm GoidsmitA 90. .ausustss Marps.
This was . motion to reduce bail The plAintin Is q
% ~ Srcs. " :2c sss: that
last, two persons came ON board the 3oth day Of
that month applied to him to purchase the bricks
saying they wanting for . Building In Chrystie
street, that the moncy was ready the bricks
delivered, and adding that defendant was the
presentation he went with them to Marpe who agreed
Tor the purchase and price to be paid and said the
was at I ana 70 s
thcreupon he delivered the bricks and the follow
Ing day, the sist vent to the building and waited
on the day. he went to defendants house and re-
ssved his check the Butchers and Drovers' Bank
said check for payment and was Informed that plain
tin kept account in the Butchers and Drovers
Plaintiff fur ther alleged that before presenting the
check he fotd defendant another cargo OF bricks but
of the last cargo and then defendants house.
in company with another person. and told him that
the ehecs was dishonored ana expressed ms surprise
the bark when he the check, but that occurred
in of his being disappointed in collecting
would pay for the carg0es Of bricks the
delivery was completed, and appointed the next day
to pay plaintiff at Chrystie street. that believing the
statement of defendant he delivered the second cargo
of brickf and went the next morning according to ap
pointment receive his pay, but after waiting all
day the defendant did not come to the building
he did him until between eight and nine o'clock
that night at his (defeDdsnt'sl house when ne agaa
failed to do, and thereupon defendant had him ar
rested under process and held to bail On the part Of
the defendant affidavit filed, stating that he
the agent OF an association of German citizens
Of this city, who had together subscribed sum
of $4,000 to build school house for German
and English instruction, and that he showed the
sold subscription book to the plaintiff, and also to
plaintiff knew the capacity in which defendant acted
In the Of the bricks did he represent in
s s@a Is
to collect the subscriptions fast as the money was
wanted, although the sum subscribed Is as he alleges
That the check dated three days ahead of the day
on which 1t was given and at the time told plaintiff
that by the time 1t due he would collect sufficient
from the subscribers to meet it, Two ahidavits
also filed eorroboratng the defendants statement and
them and swearing positively that the bricks were to
be paid for ON delivery and that nothing was said
about agency or the subscription book until after the
check was dishonored. The judge ordered the bail to
be reduced to $3.50. Costs to abide the result.
Before Judge Ulshoeffer
Ia the Matter Of Carl Ferdinand Weller and Three Oilers
Weller and his three comrades shipped at Hamburger
in the Don Quixotte, on voyage to England, from
thence to sail again any port where order freight
might send them, and thence to Hamburgh, where
ever their destined place might be. The vessel
thence to New YORK. thence to South America aud
back to New York, and the captain Of the Don Quix
cite insists on their going back to South America
again The refused to so, insisting that the voy
age was ended, whereupon the captain confined them
board writ OF habeas corpus then issued and
they were brought before Judge Ulshoener. On the
part Of the Bremen Consul it argued that under
the treaty entered into in 1927 between the United
States and the aBse Towns the las Of the
place where the shipping articles we're entered into
to govern and that therefore they could not be
discharged until they returned to Hamburger. where
they shipped On the other side, IL argued that
oording that they might be kept going from
port to port during their lives, without being allowed
to return to the port where they shipped which coeld
not be the meaning Of the contract His Honor, upon
full consideration Of the matter decided that they
not bound to 60 again to South America aud or
dered them to be discharged 1t appeared that pend
ing the proceedings before Judge UshoeGer, Captain
Ost, Of the Don Quixotte obtained warrant from
Judge Belts upon affidavit that they deserters
from the vessel under which they arrested after
being discharged by Judge Ulshoefer. The will
come before Judge Belts tomorrow, and be finally de-
eided.