The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-28

CmCrtr 0ouEr - Hon. Judge ~. Morse presiding
Wednesday Nov. 2T-Lindcn Is. Dissatisfaction Jor
Malicious If0sotuiion This court occupied nearly
all day by the rocsedpgs in two actions between the
above taIties They both srose oct OF controversy
had the ight 10 dig sand the west eide Of Cousb
street Mr. avis bsing the freehoder. The defsniin.
had CEused the pltntitO be arrested on charge Of
felony for taking some sand from the erputed terri
tory End this prosecution Ton the discharge OF the
plaintiff IRON The sccusstonl formed the subject Of
the first action, whilst the second was brought 70 re-
cover TIT value Of omu sand BY the ufcudaut
Davis. Ex.Judse DiAemsn ana Colonel Jack appear
"a for the plaintiff aud Mr.. John a. Lott and Mr.
Murphy for the defendant, In each Mr. Lott, Ia
the hrst action took an oljectioa 60 the com plant
and argued that IL shown By the Hleg ations
tber ia that the prosecution Sas leety Terminated
which vas efttItiai before action 81 this nature
would lie nj appeared according to The auarations
that warrant had been issued by Mr King the 20.
lice Magistrate eturnstle before bin On the return
Of thi, warrant tho dof,niant had offered evidence
End the piaiBtin he'd been discharged This, he
tended, Mr. Mag bad 20 poser % DO, except in the
ehftnco ct the Police Justice before whom the pr
er should have been taken The Jurisdiction Of the
magistrate mad not been alleged aud Therefore u dtd
hot appear that the discharge ufsicn,, aud
secution 20 an end. no action would therefore lie
ExJudge Uikeman cOuttuded that it would b. great
hardship il 90 alsw that citizen should lose his
REMEDY by the irregular proceeding " such u we're,
OF magistrate And, again, in this case the
statute had been complied with ana though perhaps,
thre was no such allegation IN the complaint. " ap
pearsd BY the endortcmeut the warrant which wes
annexed. and the prosecution e6ectuay at an
end. lie iurthtr cont,nded. that afer jury being
empaneiied objections la the nature % demurrer,
ahOuld not be favored After COnttaer0ble
the Court dismissed the complaint but gave leave TO
for 0ischargs OF that order ana Tor leave TO
amend reserviBg the question 81 costs for consdera
ticu. The second cauHe YES then proceeded with ant
ia this Sii question OF Law some witnesses
bad been examined 20 the fact of the removal Of the
sand but coming t. the question OF Lindons
right sale OF the fans By parole was citred o. be
proved. The Defendants counsel took an ohigotio ..
that the sand part OF the land hFef aud not in
the nature o. annual produce, ard could thereto 2.
only be conveyed by deed. Tnis objection prevail cd
with the Court aud the plaintiff suited being
unable 20 produce any other evidence.
Etffus Gfcs.-- IJsctment against Moftgrgee ~
gsee hid regularly orecosod and that ten
Ger bad been made. One witness only was examined
when The Court adjourned
Tur EnthAtu BAtL.-The thirteenth annual bah OF
the Fmerala Ihanthrnuic Society toes place On To- 3.
coy evening ct the Montague tial, Court ttreet Toe
attendance VS. very full and the subscr puou must
have amounted 60 nearly 5000 which u to be devet
10 the purtoses II the Female Orphan Asylum.
AEorHFe FfpE On Tuefday evening about six
O'Clock the carpenter shop 81 bdsin Baker, on the
corner Of Atlantic and Boerum streets was Uncovered
10 b. are. and room destroyed. dwelinr
hopte aeoiuing occupied by three families par
tiav consumed. Very little Of the goods aud furni.
ture ues saved. The Of the sufferers John
Cochrau. hcuas Burns and JOhn Moan. Mr. Baker
saved ore chest Of teols With this exception he lost
ali Damage about $3.50. No insurance The Ore was
rfohslly caused by incsndiary. the premise
we're d. covefe6 ere about weeks since bat vas
Put out az the tune oy the neaAbors
Courf Cnleudar--Thfa nnu