New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-20

CfyeBH Court.-Nos. Goa >, dlj, $50, o99, 90,
! on, l2s, 3l7, 800 l56, $50, 639 d72' 613.
Supreme CoHrt-General Tern-Pubhshed on
Friday. -.
! Sn6.rior ourt-Transferred.-Nos. PC, "a, SO,
&C. a. 100 $685. 49, 50, "a So 100, 80, l5l, 81 1873
50, 60, us, 90, loi, 81, 49,
! sUPERroR CouRr.-Before Judges Oakley and
| paine.-D els on sSessmeHt Cdse.-MayoT,
AIDE men, Sc. Of the CITY Of NeT- York VS. isaac
| AdrtaRce.-The premises Nos. - and SO John-st
! belonging to Mr. Adriance were assessed by the
| Commissioners in 1916, sl23 for widening William
| st. between Maidenlane and Frankfort St. and ex
! tending it to Chatham.st. MIR. Adnance contested
the demand, The Counsel OF the Corporation con-
sdered the assessment to be lien upon the prem
Uses bat brought suit against Mr.. Adriance individ
ualy, to test the question.
Defendant demurred 10 the complaint upon the
ground that the law was unconstitutional, princl-
paly as the powers conferred by it upon the JUS
tees of the Supreme Court in relation 10 such mat
tiers are not judicial and not such az belong TO the
judiciary of that Court and that 10 exercising such
powers the Justices do not act as Court, but as
| Road Commissioners. The demurrer was argued
by Mr. X. Mott for defense and Mr.. Henry E. Da-
! vies for the Corporation The Court held the mat
ter for adyisement, and rendered its decision sus-
tanning the validity of the assessment and gave
| Judgment for plaintiff
| Transferred CdleRddr-Before Judges Duer,
! Mason and Campbel-James Gordon Bennett VS..
| Aa,or J. Wilkinson and Wm. BHrRs-This Is an
action for alleged libel published in the Sunday
| Dispatch OF Jan. TO- ls4s, damages laid at $4,000.
The complaint states that certain transactions took
! place at one time between plaintiff and one John
| 'Tryou, whereby the said John Tryon became in
debted to plaintiff; yet, the defendants well know
ing the premises, published the following with
view to niure plaintiff, &c;
"Some lime about the year 1881 there Sunday pa
per in the City termed The Sunday Courier, which was
started by John Tyon This establishment Tryon sold to
Bennett " ho gave hs note for The ana
the who took the nole was at mat time well on; the
money wss Of no consequence TO him, and Bennett got
possession OF the types presses Gc bat he not having
The ability to make Sunday paper 90, II died Oh When
the note became due Bennett could not psy and begged
the holder Of the 10 wait The man did wait, and
years amer Bennett having the note was sued
bat Bennett pleaded The statute OF limitations, aud so oh
! scott free"
The complaint states that the publication was
malicious. This was denied in the answer, and an
averment set up that the statement in substance
is true-also, that plaintiff has not been injured by
! the publication, and that the SUIT should be dis
missed.
To this it was reoined that defendants have not
I given any dates or facts which 10 base their al.
legation Of truth of the statement, that plaintiff
could have opportunity OF meeting orrcbuttlngit
Argument on the demurrer was heard on Satur
day, Mr.. Galbraith appearing for plaintiff, and
! Messrs. Bidwel and Samuel Owen for deiense.-
( During the argument the Court remarked that
rule has been established by the decisions making
distinction between printed and spoken libel Mr..
Bidwell cohtended that the article Is not h6eilous
| while the contrary was cOntended for by counsel
for plaintiff. Mr.. Galbraith will conclude this fore
noon.
COURT OF COMMON PLEas-Special Ierm.-
! Before Judge Daly-Ihe Stare C0se-The case
| of Dudley, claimed as slave by gentleman OF
Maryland, but sentenced 10 the State Prison, on n
charge of taking some money and boat from a
vessel Oh board Of which he had shipped already
referred to, came up the application of Mr.. Jay
that the habeas corpus got out by the alleged owner
be dismissed The District Attorney and Mr. era
ham appeared. They offered no objection 70 the
notion and the Judge, it is understood, will make
an order to that effect. On the question as 10 the
constitutonaty Of aTesting n person in New
York as a slave there is a law OF Congress passed
in 1893 ON the subject Mr.. j. handed his points 10
the Judge but the matter being settled for the pres
ont they will probably now not be passed upon.
In the ease of g. and II. de WontcsQnv, young
! Frenchmen, belonging to titled family In France,
now under Indictment for murder at st. Louis, and
no were tried once, but the jury could not agree
AIR L. DslmOnico and or other gentlemen, who
were acquainted with them when they irst landed
! IN York, were examined, pursuant 70 a com
Mission from Missouri, in relation 10 their depOrt-
ment and habits while here Mr. Jay acting on be-
| halt of the commission. The witnesses spoke Of
them as being mild and gentemany in their con
duct. The object Of the testimony Is for their de-
Tense. IL will be recoectcd that they snot one or
more persons ut the hotel, In st. Louis, at which
they put up.
Trial ItrM-Beore Judge Ingraham.-Catle-
rine[ Seigheffe vs. John Waier-5ut for alleged
| malicious prosecutiou-dsmages laid a. $1,000. In
! December last Mr.. w. lwho is a confectioncr we
believe in Broadway made a complaint before
Justice McGraih at Jefferson Market Police charg
in that Madame S. obtained from him S)4 worth
OF candy under false pretenses. She was arrested
I and imprisoned for examination OF the charge two
DAYS, when the complaint was dismissed. She
brinls This suit aveDg that her health and reputa
ton were much injured by the charge and imprison-
mebt, iNc. Mr. a. ID: Russell appeared in her be-
half but no defense was offered.
IL was stated that Mr.. w. charged that Madame
s. in purchasing the candy, gave nor name as Mrs.
Wainwright II was shown thai she has daush-
ter Of that ngme and the qlcs lion Tor the Jury was
whether she had represented herself To be Mrs.
Wainwright, or merely directed the gods 70 be
sent to Mrs. WIS II the isrner, there prob.
able cause tor the arrest, and Mr.. w. was valid in
making il, although the complaint may have been
dismissed if the latter, then there was no prob
able cause and he is liable 10 respond in damages
tor all the injury that has been caused, and the Ju
~ is nj liberty, beyond that, n give damages AS
punishment, &c. The Jury retained a verde, ior
defendant
L. ). MARsnALs OFFICE-J0bn iAdsrs0H, \
seaman of the ship Cambridge who is lame in one
OF his hands, was complained of by Mr. Good, the
| surgeon, on a charge OF cndeavO-lng 10 make
rev olt, in refusing to obey orders, dc. Committed
for examination.
CIRCUIT CoURr.-Beiore Judge yaryin.-G0-
| br!d FraAchere, vs.. Geo. H. Dantcrtk, ct do
! compel the purchase Of q iarm in New-Jersey for
which part in clothing to have been taken,
but refused, already referred to. nonsuit was
ordered.
Jlm. Burger, ct al. Va. Coluns5iG inssr1Hce
CompaHz Of Philadsi Rtia.-FOr about $500 on
oss by lire at the match factory Of Messrs. Bur
GER K tAcour On Second avenue, in 1915 il IS
said that he premium wa paid 10 the agent OF the
Company in this City the Company, no doubt
rrrf the r,nneN hnt r.n nnlicv Was aver delIVcred