New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-22
LAW COURTS.

Common Bttds.-fHt i.-HHsH@' 30
will be called. IN, %
1a2 14O 10 1914 l55 1914 a. lls. 10, 49, "a, i2@,
30. l46. III, 147, 100 to rs, 49, 10 70 49,
CRY DISTRICT CoURT-Before Judge VIM. B.
Mech -PonerS Of City IHspsetor.-1he Mayor
SC Of Nerg York vs. John Mlidment.-To 'ver
penalty of $50 for violation ofordinancer IN reiasns
to obey an order Of the City Inspector oremove or
abate Nuisance. Mr. NJ is proprietor OF bone
cooking establishment. in Forty. Fourth st. near
Eleventh.av. On the l4th Of March, he was served
with a notice in writing to discontinue the business
by the oath Of March, which notice 1t was aheged
he had disobey ed.
The trial was before a Jury. Testimony was "a
ken on the part of the Corporation TO show "a al .e
establishment was nuisance. The counseiior "i.
NJ. offered to produce testimony 10 show Il was not
nuisance, or detrimental to public health: Inc
counsel for Corporation objected to such testimony,
contending that the City Inspector was the proper
Judge Of what was, or what was not nuisance
that his decision thereto was hnal. and thas lne
Corporation was entitled to recover the penaty on
proving the service Of the order, and that the party
10 whom such order was directed had not complied
herewith.
The Justice decided that although the City In
spector is necessarily clothed with extraordinary
powers in relation to nuisances, yet be- or the Oty
is liable for any excess OF his powers In sulI oy
the party aggrieyed, who would have ..ght TO
shew it was not a nuisance; so on a suit by the
Corporation for penalty, the defendant has right
70 prove that the City Inspector transcended his
authority in making the oder, which he would
succeed in doing if he could shew it was not a
nuisance and that he was Justlhed accordingly III
disobeying the order.
The respective counsel finally agreed that the
case should be submitted to the Jury on the simple
question whether the order had been served and
the defendant had dsobeyed it. Under the direc'
ton Of the Court the Jury rendered verdict tor
81 @-n - IL ~t.1l hat aa on
ZION would go up on appeal whether the Corpora.
ton, suing for penalty is not bound 10 show al
frmatiyely it was nuisance.
u s. DISTRICT CouRT-D ecisions. -JossDh
Augnsiine, - Miller and John THOMAS, vs.. Wln.
j. DeroT Master Of brig Two Brothcrs.-The
plaintiffs were seamen on board, and entered com
plants for assault with dangerous weapons, on
which it will be recolected, Capt. De W. was
found guilty, and sentenced to fine and lmpTison-
ment. They also entered civil SUITS Tor damages
The Court has rendered judgment for 500 each,
and costs, in favor OF Augustine and Miller, and
$50 and costs in favor Of Thomas
,Sil1s E. BurT0us ads. John Br0rn.-A master
suing in person for wages against the owner OF
vessel is not entitled, under rule 80 OF this Court,
as amended by rule OF April l6, ls47, 10 prosecute
without s,ipuating for costs. Libeant to stPulste
for 500.
SUPERIOR CoURr-Before Judge Oakley-Netc.
York and Erie Railroad Co. VS. Joseph Mcnarray.
MIR. McM subscribed for forty shares Of stock at
500 per share and has paid $1,000 The present
suit is to recover balance and interest. For de-
fence effort was made to question whether tho
Company had cOnformed in organizing, to the re.
quirements OF the law. Testimony was produced
10 show they had Verdict for plaintiff, 1855.
SUPERIOR CouRr-In Cham6ers-Be fore Jus.
tees Duer and Campbel.-Importaatd as 10 British
Vessels-UDi. Weber vs.. James ThOmpson.--
e,xJ w ahb vra n NJ n.
man on board the British bark Helena. He brought
an action in the Superior Court against the Captain
for OBTAINING his clothes and against the rst mate
for assault and battery at sea.
Messrs Scoes & Cooper, for defendants, urged
that our Courts cannot entertain jurisdiction OF
civil suits brought by seamen OF a British vessel
against its officers, the whole OF the parties being
British subjects, and the voyage not ended, and
that in order to show a seaman had been dis
charged from British vessel he must produce the
certificate of the British Consul TO that effect
They contended that the parties must be left TO the
tribunals Of their own country. according to Gard
! ner vs. Thompson, Ia Johns 1874, and Whesonvs
| Dalton, Cow. SAB. 1t was said for plaintiff that
he had been discharged by the master, which the
master denied. The counsel moved that deien
dants be discharged from arrest, and that plaintiff
give security for costs. The motion, upon the facts
| shown, was granted the Court however, declining
| TO pass summarily upon the question OF j1risdlc
! tion but leaving it to come up IN the peadlngs'
4
| raage-To recover special charges and demurrage
! on charter party, already referred to. Verdict
| 5000, being part OF claim
Michael j. Gilhoolv vs.. John Washington TO
recover quarter srent Of premises in Dey-st. The
/ defence was that the place was untenantable and
that part of the premises by plaintiff knowledge,
! was occupied as the resort of lewd persons. Yer
/ dict for defendant with leave to appeal, DC.
CouRr OF GENERAL SEssIoSs-Before the Re-
| ell oDd Chairman.
! GuiHv-Haniet Barton pleaded guilty to throw
| ing vitriol on Mrs. Emma Bertrsm, and was sen
fenced to the penteatisry for SIX months.
Sentenced-James Megan and Geo. SIeighan'
convicted of an assault and battery on Chas Dew
lin. were brought into Court and sentenced TO Paya
/ fine of $50 each.
| GRIND LdTceaV-John Lilly was tried and con-
victed of stealing on the 2lst Of May last watch
and chain together with Sos in gold, the properly
of John Meyers, residing at Fort Hamilton Inc
case clearly proved, as the properly was 'oTnu
in lis possession at the time OF his arrest Inc
Conrt sente,ced him to the State Prison Tor two
Bvrglarv.-A respectable appearing young
man named George Hoyt, was tined on charge u
burglary committed on the night OF the IN OF May
last on the store of Thos + aud hram 1. hyseiS'
No 551 Broadway, az which time T. pieces Of yc''
vet shawis and other goods, valued NJ sl'y0U
! were stolen. At the time Of Hoyts arres'
niece of velvet was found in her possession
which ore Of Mr. RogerS clerks pretended 70 lden'
Z tify IS part Of the stolen property. The prosecu
ZION failed to sustain the charge, and the prisoner
was acquitted.
Murder and Nansapg htcr.-Hdgh McClennan'
Indicted for the murder OF Eliza Bradley, ws ar
raigned end informed tina! ne would De sent % W. .Ie
Court Of Oyer and Terminer, for trial Ihos' nc,
Gure. indicted FOR manslsushtsr in causing the
death OF Thos Carroll, was also informed 1hh ne
would be sent 10 the same court, for trial
Pleas of Guafv-James Mehan and kooeH
Florence plead guilty 10 an attempt al pett a..
nv. ard were sent 10 the penteuiiay Tor slN
Months each. Vim. Anderson plead guilty 70
similar ofYense, and vas sen.encedso me pen'sA'
tiaiy Tor six mouths 49,, W