New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-12
LAW COURTS.

CWcuIr CouRT-B eore Judgei Edwards
IRmaR by his guardian, We Fleming Duncan and
otherS.-Suit against the old Ferry Co. Williams
burgh TO recover for injury done to person IN col
lsion between ferry boats Wallabout and Mon
tauk already referred to. This case is continued.
Mr. Callan, who was steering the Wallabout, tes
tilted that he considers himself competent to act
as pilot and did then When the v illiamsburgh
boats get off the Catherine Ferry, ut Brooklyn, 1t
is customary for them to sheer across toward
Peck slip, which was done at that time and they
were about two, thirds across when the collision
took palce Supposed the Brooklyn boat would
have steered clear of them When found she did
not, sheered to the right Took the wheel when
! wished to do SGT was by PERMISSION OF Mr.
Cheshire, the Superintendent.
witness who was on board the Wallabout,
said he did not hear the bell of either boat to stop
till after the collision had taken place. Consid-
cred, and did so at the time, that the Brooklyn
boat was to blame
Mr. Lemon, pilot Of the Montauk, testified TO
having come out of the New York slip; saw the
Wiliamsburgh boat at the other side, which he
took to be, it not being quite daylight, though
fine morning, tow boat stopped moment TIL
the Brooklyn boat at Brooklyn came from her
dock pilot boat was anchored not lar on ,1 ne
Montauk pursued her usual course, but the w IL
liamsburgh boat was out of hers. On seeing
danger Of collision rung to stop and back, and
the wheels had made one or two revolutions DacK
wards before the boat struck. Had been GecH
| band before becoming pilot, and took inc "heol
at times for Is months, while so, with view 70
learning to steer but the Pilot was at the sue W
me- until the company were SATISFIED as 10 my
| competency to be pilot and taxing cllaiBo 10
! pilot myself. ,,.., 90.
titled to having had occasion, two or three DAYS
after the collision 10 20 to williamsburg to see
n friend He stated to a deck hand whom he saw
there that he understood the Pilot OF the w ALA
bout was not at the wheel at the time OF the col
lsion to which the party replied, No, that he nm
self was at the wheel Witness asked him why
he did not stop the boat, to which he replied ne
was scared he did not know what to do. Thinks
Mr.. Callan was the man who thus spoke to him.
THE witness was closely cross-examlned as to
whether it might not have been some one else
he thought not. Some other testimony was ia
ken To be continued this forenoon
MARINE CoURT--B efore Judge Lynch.-C. j.
L DaeiSon VS.. M1tthe,o X. C0lnahd@.-To re-
cover difference of purchase price and market
price on transaction in sugar. ID. & Go. bought
oil Mr.. c. in August $50 barrels at CSC. per 10.
Mr.. c. after the day ofthe contract delivered lof
bbs. but subsequently refused, In October to de-
liver the balance The market price had risen to
&c. per ID. Suit is brought for difference. me
defense is that the contract was not binding under
| what is called the statute OF frauds. me Court
| held that contract is binding if signed by tho
principals or authorized agent also ii part or the
whole of the money is paid at the time, part OF
the goods delivered at the time it is also bind
ing il, in this case, part OF the goods were
afterward delivered and accepted. judgment Tor
plaintiffs S36 O6, being the difference.
Court OF GENERAL SEssIoYs.-AIonday-B
| FIRE tile Recorder and Aid Brttl0n and Delam0
tey.--At the opening of Court this morning Join
|. H. Quip, indicted for nuisance in keeping bone
boiling establishment, pleaded guilty. The Court
suspended judgment, the nuisance having been
abated.
Jemes Bergen indicted for grand larceny and
Phil0nder I, J0neS indicted for perjury; thu
Court ordered the indictments to be quashed.
Franats Hughes, mpleaded with Owen Hughes,
was then placed trial on an Indictment,
charging him with having on the 18th of Jaly last,
stolen $50, the property of Roger Monohan. 1t
appeared in evidence that complainant was in a
grocery in the Eighthav. at the same time with
the accused, and that while there the money was
taken from him. No evidence, however, was ad.
duced to impcate the accused in the affair, and
he was acquitted by the Jury
Patrick Mc!Sorleywas tried on charge Of steal
ing on the 18th of Sept. last, S5l from Thos. IL.
Sanford. 1t appeared 10 evidence that complain
ant went into porter-house at the corner of Ed
ridge and Hester SITS. when he was attacked by
party of men who beat him and stole his money.
Witness could not identify the prisoner as one
who attacked him. He was consequently acquit-
ted and discharged from custody.
Adjourned for the day.