The New York herald., 1850-05-18
Court OF Common Pleas.

NAV IG-71omas j. Oidds,d .9aninis,roter er Hmm.
% Doynse deceased esainn hs Ner iork aud Hara Rail
road Company-An action brough. by the administra-
tor for the benefit Of the next Of kin Of ctty Downie
child Of six years Of age Killed by the cars Of the
legislature, passed December, isi7 and amended ir
lsle ON the application Of the companies themselves
The plaintiff alleges that the child was returning from,
school and that while attempting to cross Centre
thrown under the wheels Of the cars and horribly
manglcd death ensuing the same night. witness ON
the part Of tho plaintiff testified that he the child
cross the track and that she at Least ten feet
ahead OF the leading horses that ke hailed the driver
but that ne was enssged In convorsaton with per-
son standing ON the platform. had his head turned
towards the person, aud that when he did apply the
brake and held his horses the child had been struck
the leader and thrown under the feet Of the wheel
horses Captain Magncs the Sixth ward policc also
testified that he the child called to the driver
and that he was In conversation at the time The
plaintiff claims damages for the negligence of the com
pany servant; that the accident could have been
avoided ~ 'he driver had been attending to his bus
the car to aid the driver In stopping the car; also that
,nsy xsrs going a, greater rate OF speed than
and 1nprovided with the proper fixture. in front Of
the wheels as required by the terms Of their charter
the city Tho defendants ssy in answer that tho car
was proceeding at rate less than the legal one OF Ave
miles an hour that the child dii not cross the track
but just as the four wheel car was passing small ear
mat The child ran out from behind the small car and
soIsr & ns nsns Of the lesde, and tia, no human
tory testimony as to the speed Of the the direction
IN Nhich the ohiid was running. aiduecd. Mr.
stost the superintendent stated that the company
employed no brakemen In the city, and that they de-
pended on the driver 70 stop the horses and manage
the brake Gen sanford on part Of the defendants
aud Mr. David Graham, behalf of the plaintiff sum
med up. Mr.. Graham commented with much severity
upon the mode in which those car. are generally con-
Quoted. and said that the results arising from the
establishment are Of more Inconvenience than
crowded on the platform. Of the cars but were 80 hni
died together inside. that would think ID was
parcel OF pigs instead Of human beings which they
nd Of ths tot he
Mr. Graham spoke at great length and contcnded that
the company were liable for acts done through the neg
lig,nce OF their servants.
~ cuANRErs
NAV 13.f Tggifire Siate.A case ofconSiirrabis In
terest was expect-dto have on before Judge Daley
corpus made by Mr.. David Graham. on behalf OF DR.
Thomas, Of Nsrysnd to bring up fugitive slave ram
ed Dudley, alias James snOvden present confined In
the Tombs There was a return made by the District
Attorney, stating that indictment for larceny was
pending against the prisoner and Judge Daley there
tore refused 20 make any order.n the eass In the
mean time the prisoner was brought up before the
ensIal SESSIONS Court and having pleaded guilty
an Indictment charging him with stealing bat and
oars together with about 500 in money was sentenced
70 Two years In the states prison. II appears that Or
since. They effected their escape together snowden
,s thc oniy one amenabe, the others having Ned %
TIES refuse To- sanction the institution of any proceed
nRs Tor the restoration Of them 20 their Since
. a' osion OF the case before the Recorder. Julge
balsy has consented TO hear tho application ksled
on lhursday next. The halls of the courts
crowded with colorcd people. male and female mani
resting treatar.icty In the result of the slave owners
application. Several abolitonists and snt-sbolton-
ts we're also present that the may be said 10
have created very general interest
Ftoop AZ scHrSrcr.pY.-Iast Friday. the dam of
he frandy wine Mills two miles southeast of schenec
lady gave vsy. end caused the dam of the cotton mill
below 10 break This vas followed by the giving way
q the dam at veeders Mills, where the grst mill also
YES destroyed and awmill and plaster mill shared
he tsme fate. Total loss, $1,000 Or Duane, ofsche-
,ectady. losest3ooo The works vc.dcrs Miih had
Mt Nv han, rts~rS lv ~ Al sssII
and Who int ends erecting Touring mill there.fssl
~ Exyrsss Hcr TO-