New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-22
LAW COURTS.


[tycsis Co1Tt-NOs. 3l7, soy, wi, OH, ooO, ool
10 CSC. 6es, Geo, 500. COL.
SpEseme CO4rt General Tern.-Nos. 8, 10, Is,
Is, II, 16, % to %, 30 81.
S,per,oy Cunt .-Transferred.-Nos "a, 81, 100
49, % As, SO, "a, So 100, Sc, l3l, IS, 1923, 3d. o.
lie, 20, l04, 81.
CouRT OF CoHxoE PLEAs-Be fore Judge Wood
ruf-Hoibrook, Garter d Co. vs.. Ehza6eth MI
To recover Of an endorser a note for $780, made by
John w Hyatt and Eugene r. HYATT for passage
of the said John w and Eugene, in the ship Apol-
h. for California The note was in favor of Mr.. Mo
SEES Y. Beach, and transferred by him. without Tar
ther endorsement to II. G. Il Co. merchants, OF Bos
ton. who had effected insurance for Mr.. b. on the
ship. Mrs NJ is said to be lady Of property, Mr.
John w. Hyatt was her sisters husband, Ia Jewel
Ter Of this city) and Eugene, lad OF 10, son OF D.
W. The Messrs. Hyatt were connected WIN
company of to 90 to California, and engaged their
passages on board the Apollo at S2oO each near
ing afterwards Of the reports that were spread In
regard 10 the ship, and learning at the insurance
Office that she was rated at considerably below a
No I. the eight refused 10 go in her, and went In
another vessel, which sailed previous 10 the Apollo;
Mr. j. w Hyatt died soon after getting out, and
the son. his mother stated in her testimony she is
in hopes is on his return, but she does not know.
In defense, it is alleged that the advertisement
and handbils Of the Apollo represented her to be
A No. ], which she was not, and that the insurance
it was agreed TO take Messrs. H. out permit trem
20 reside on board while there, aud come back
again in the vessel.
In replv TO this it was said that she was, in fact,
first class vessel-srong, well built, copper-tast-
ened and coppered, upward OF 400 tuns, and every
vay well found and a survey which had been
held upon her, year or two before, showed that
such was the case. AS TO the parties their berths
were reserved for them, and there was good rea-
son why they should not fulfill their contract. 1t
was shown by the testimony of Mr.. Cox lone of
the eight who have returned that he inquired at
the Insurance Office, TO know what kind oil yes
sci abe was but the party had not, at the time,
made up their minds whether they would effect
any insurance or not. Mr. q. stated that he went
to the mines, and, on his return to San Francisco
found the Apollo and another vessel, the Irene,
with houses built over them, employed as ware
houses.
A gentleman who was an inspector OF an lnsur-
ance Office stated that the Apollo stands on his book
as A. 3 with q. mean ng we un iesiood, A. D.
good only rates her 80 from her age and the TACT
OF her having been on shore at the bar at New-Or-
leans year or two before he made the entry,
(which was in ls4s,) and her putting IN atterwaed
Mt Kew West leaky was on board OF her In Janu-
airy last; everything appeared sound AID strong,
and do not know that she was not 500 4" as &C
ouainted with Capt Coihn, of the Apollo, under
stood Yesterday that he is dead. It was admitted
that Capt c. was an experienced and capable
ship master
Mrs.. Hiatt widow of John W. testified to
going on board the Apollo with her sister, Mrs.
Mix, and engaging passage for her husband and
son asked Mr. Beach he would tsEe Mrs NIX
note, or endorsement, for their passage, and he
oonsented to do 40 he spoke highly Of the ship,
and said be was in hopes she would have n run out
In four or four and half MOI tbs when she heard
reports as TO the vessel aterward ed him 10 give
up the note as Mr.. X. and his son would not go in
her; spoke Of the Insurance offices not insuring
her; he said it was not So
The question is whether the representations as
to the ship in the advertisement aud han!bils
were correct or otherwise in fact, as 20 the sound
ness and quality Of the ship-To be continued this
forenoon-For plaintiff, Mr.. Brown and Mr.. Jas I.
Brady. For defendant, MIR. A. j. Perry and Mr.
Gerard.
CLARK vs.. Lery-To recover for goods furnished
20 son Of defendant, already referred to. The Jury
could not agree and were discharged.
CIRCUIT CouRT.-Before Judge Marvin-IYm.
8 Verpianck Isaac ). Ed,rGrds.-Paintif
was lessee Of whsrves aud sips In ls47, aud
charged wharfage for the sloop Fenwick, lying at
the foot Of Ciarkson-st which was employed In
conveying manure from the city and levied upon
about eco worth Of property, which was replevin.
ed. She was employed at night and the question
is ll she came within the exemption rs to wharf
age of vessels employed. To be continued this
forenoon.
COURT OF GENERAL SEssIoNs-Beiore the Re
,corder and Aid. Griffin and Oakley.-I'r Trial Of
James Arlington Bennett, for forgery Consin-
ned This trial was at the opening OF Court re
sumed when the crosseXamlnation oil Francis
Byrpe was resumed by the defense witness
stated that Bennett never made any inquiry rea'
five TO spy particular note; the inquiries were
made within a month prior to receiving the letter
containing the note have known Mr. Ashley Tor
some wears he occupied desk in any Office up to
the time OF his arrest; Thompson came 70 my OF,
Rce some time last May; at that time he had pad
newspaper reputation; he told me ne hed oeen III
dicted II times, think was under the impress
sion that he had reformed; both Thompson and
Benne,t protested 10 be Chemists; my acquaint-
apce with Bennett commenced when was In Mr..
Nulch's office; | knew that Thompson hired
house Of Mr.. Bennett l showed the letter 10 Nun
Ubompson) he seemed to know all about IL ne
sain that Bennett altered the note, for that ne lent
him the acid he mentioned the body OF tue note
and the signature; said did not see any differ
ence; referring 70 Bennett Thompson said he had
etered the note and had not done It well; that he
aid wss the reason acertain bit fthin paper was
oss,eo ON the back oft; Thompson wanted met so
I'd present the note TO Mr.. Foster declined he
theu desired me 10 lodge complaint a. the Police
Court against Bennett. This also refused MI
Rennett had previously spoken OF thompson In
manner that Induced me 70 believe he knew his
- q recter TO be bad. understood Thompson osay
.hst Rsnnett was hostile 20 him. communicates
-, NEW about the note to Mr.. Wilkes at the
Mayors Office on the goth Dec. | think Thompson
ss;3 that this note was part Of letter. and that the
signature was genuine. The note was received on
the 10Th Nov Ashley was IN my ofhce when re-
ce;ved il. We counseled about the letter sa'd IL
seemed TO me 70 be u singular letter. and the next
dav had some words with Ashley about IT, ec-
sns.5 him with beng villain. and charged MN
Nth ;oinipe Bennett In plan to get me into am
c,ity' received a message at my Office request
nc me 10 call at the Mayors office; went there
and bad an interview with Mr.. Foster and Mr.
Wilkes. The latter said to me. "you have note
in your possession Of Mr. Fosts
Win the transaction. He said, there wcrs per