New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-17
90 to the State Prison. it was said. to being sent

Jones Mr.. Van w. on affidavit alleging fraud Ia
the purchase of goods by defendant misrepresent-
ing his means, &c. procured order OF arrest I'M
der the roth section, subdivision Of the Code.
Mr.. j. denies that there was any fraud or mlsreP-
resentaiioD, and claims right, as under the sat
well act, 20 be beard, In his defense, and the case
disposed of instanter. Mr.. Stoughton, for de-
PENDANT, contended that such should be the con
struction of the code, otherwise on the procure
rnept of false evidence as to affidavit, any man
might be arrested and imprisoned on mere con
tract without being enabled to show he is guilty or
innocent Mr.. Taggsrt for plaintiff contended that
where an affidavit alleges fraud the Court u bound
TO make an order for arrest and hold to bail &c.-
The judge seemed to coincide in the view taken
BY Mr. Stoughton. The matter lies over
Habcas Corpus-A minor Francis hlddick, who
enlisted at Boston. and was sent here TO Govern
ors Island, was brought up on application OF his
mother, and discharged.
Trioi Term-Before Judge w oodruf-I AOs. j.
Ol5feld vs. Harlem Railroad C0-To recover tor
the loss OF little girl over and killed already
referred to-This case was concluded. aud glvento
the Jury. The utmost damages agrceably 10 law,
that can be given in such cases, 70 administrators
or next Of bin is $1,000
The Court in its charge. stated 20 the Jury, that
however much they may feel for the deep grief OF
the mother the mother was in Court and the ago
ny of the child after it became crushed, for the two
or three hours before its death, it is matter with
winch the OOuft ana jury IN tucir OmClh pOs!llph
have nothing 10 do. That mother weuld not have
sold one drop Of her chids life blood for gold aud
gold cannot restore it or afford consolation for its
loss that consolation must be sought from another
and q higher power. Ii 10 for the Jury and the
Court TO decide this case, all others, strictly by
by the rules of the statute and in doing so the Ju
~ will be governed by the following rules:
LIST. If the death the result Of neglect on the
part of defendants servants having in charge the
car, and was not occasoned by any neglect on the
part of the child herself defendants are liable that
it, was the car driven at unlawful rate Of speed.
or driven recklessy in narrow street or at cross
ings.
Cd If the driver did not keep prudent and
proper look out.
3D. The condition OF the car as to whether it had
proper breaks or not, or persons to attend them,
does not come within this case, as il was not in the
complaint but the mode and manner Of driving
may be taken into view, and in connection with
this incidentally the condition of the car.
18th Did the driver. when be saw the danger,
adopt such precautions were then practicable
II the injury resulted from neglect OF the child
without fault on the part of the defendants or their
servant, the plaintiff cannot recover, If it was
caused by the concurrent neglect of the child and
the drivers of the car, they cannot nor they If
there was want, on the part Of the parents, OF
ordinary discretion in sending the child into the
street. II it was Of sufficient age or capacity to
take care of itself they were justified, otherwise
not
If there WAS some slight neglect on the part of
the child, that would not excuse wilful or gross
neglect the part Of the driver in running it,
The public expects that will not be driven at
not more than a lawful rate Of speed and il it is,
and injury arises, the owners are responsible. II
running over the child was the willfu deed of the
driver there was no suppositien to this effect, but
1t was point oil law the company are not liable.
The above are the principal points The Court
alluded to the testimony in the case Verdict this
forenoon.
CIRCUIT CoURT-Beiore Judge Marvin.-lMain
ct al vs.. Albany Insurance Company.-To recover
loss by fire at No le Coentes slip, in 1913, already
referred to. Timothy II. MAN, owner of the store,
had $4,000, at three Offices insured on the stock,
$4,000 OF which was procured q few days before
the fire. The loss claimed was 81, 900 less o., 900
or $4,000 for which damaged goods sold. The fire
occurred on Sunday evening. Mr. Main had not
been to the store since early in the afternoon The
defense is fraud, in excess Of insurance. and also
in preliminary proofs, &c. Sealed verdict this fore.
noon
Gabr7d Fronchere VS.. q. ~ d. T.. j. Danforth. |
To get back farm in New Jersey exchanged for
ready made clothing. which it is commended was not
Of the value represented, &c. To be continued this
orenOon. For plaintiffs, Messrs. Cowles Il Har- |
ing. For defendants, Messrs Benedict & Board. |
man.
SUPERIOR CoURT-Specal Term-Before Judge |
ecisi on s-Lydta IL. LerisoD against |
George LerisOr-The husband should not be ex. |
AHMED as witness In a controversy between him |
md his wife. The marriage must be proved some |
,ther way. The order Of reference and when sum- |
mons served must be shown.
Samuel 7. Armstrong vs. Jas. W. HayTlng.-
Change Of venue denied
Ihos. M Partridge ads Joseph T. Gethel-In-
JUNCTION dissolved. and motion for new Injunction
lenied.
COURT OF GENERAL Ihursdav-
Before the Recorder and Aid. Griffin and Oakley
The Norton Libel CaseO.-Application was made
It the opening OF Court 10 put off the trial of VIM
Norton, under Indictment for a libel on Miss q.
;rean, on account Of the absence of marerial wit
esses The motion was denied and the trial or !
erred to go on.
Trial for False Pretenses-The case Of VIM A.
arr indicted for false pretenses in obtaining $500
-om Mr.. Vessels was this morning summed up,
he evidence being all in yesterday. The Jury after
n absence Of 80 minutes came into Court with a
erdict of guilty. The Court deferred sentence I'M
i Monday next
Burglary in tie Third Degree.-John Green was
ned and convicted Of burglary in the third degree,
J breaking into the store Of VIM. A. Freedom, in
outh st. on the cath Of April last 1t was shown
! evidence that the store had been broken open at
rat time and an attempt had been made TO blow
pen the safe. The prisoner was arrested coming |
ut OF the store, and articles were found upon his
erson which were identified as belonging TO Mr. |
reborn. He was sentenced TO the State Prison |
n three years.
OPENING of the Norton Case.-The Jury were
len called and empanneled and this case was
pened by the Assistant District Attorney. The
whence VIII commence on Friday morning The
curt adjourned.