The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-14

The civil and Criminal Courts.
Tu cALxNDARs-Tm BUSHES ON HAND, FRO.
The sivl and criminal courts are likely 70 have .
busy tine Of 1t during the present and the two follow
ing terms The calendars In both are unusually hss-
w. Amongst the set down for trial the fol-
iowins:-Ths cause Of the People vs. Samuel Drury,
Jr indicted with his father, who tried and
quilted last tsrm) for sending torpedo boz to the
house Of Thomas Warner with intent to destroy war
and his family 10 likely to be tried next term In
the Court Of Oyer and Terminer
In the cause Of Forrest Forrest, suit instituted
by Mrs Forrest against her husband for divorce,
writ of Ne saeaf granted BY one Of the Supreme
Court judges, during the vacation, restraining Mr.
Forrest from leaving this State to prosecute similar
suit brought by him against his wife In the State Of
Psnnsyivsnis, under which he was held to bail In
$4,000 motion was subsequently made to the sps-
esl term of the Supreme Court to set aside the writ
and discharge Mr. Forrest, upon which an order to
that effect made upon condition that he would
bring action fer false I'm prisonment against any
Of the partiee connected with suing 1t from that
der he has appealed the ground of the whole pro-
seedngs being illegal and unconstitutional The ease
10 the motion calendar Of the general term, and
will be argued this week.
Tho cause of willis VS. Forrest which Is an action to
recover damages for ssssult and battery brought by
M N p willis against Mr.. Edwin Forrsst-the parti-
sulars of which readers already acquainted
with-is the Superior Court calendar, and may be
reached this term.
The ease Of George Niles and Mrs. 0sullivsn, in
disted for conspiracy TO extort money and the case
OF james T. Boyd and Mrs Star, alias Livingston,
charged with similar offence, will be taken up by the
Court Of General Sessions during the present next
term.
The cause Of the People w. Madam Costello and
Mason Is again revived, and brought before the
- he "a orfl
Madam Costello and . man nsmsd Mason, were In
dicsd about four years ago. for administering drugs
10 female, for the purpose Of producing abortion
They were tried In the Court CT Sessions, convicted
and Madam Was sentenced to six months imprison-
ment on BlaekweIs Island which che served out and
to pay fne Of $3.50 which also paid Mason was, IL
resslest right only sentenced TO pay nne Of $3.50
and paid IT, IL seems they indicted under one OF
our statutes for producing abortion on woman quick
with child but it turned out by the proof sdduced
on the trial, that she had not quickened, and the
counsel for the prisoners contended the indictment
was bad, and that they ought to be aoquited-the
Recorder held otherwise; exception was taken to
the ruling Of the Court and writ of error brought,
| md they now come In seeking to reverse the judg
ment and to be paid back the fines.
In addition to these cases, smother very important
taken up last week In the second branch Of
the Superior Court, in which Samuel Ogden, admi-
nistrator &c, Ia plaintiff ana william b. Auor aua
the executors Of John Jacob Astor are defendants
This suit instituted in the equity side of the su
preme Court by Samuel c. Ogden, administrator OF
his brother the late Nicholas G. Ogden, against the
late John Jacob Aston and william d. Aston and was
subsequently revived against John Jacob Astors exc
eutors and the placed the transferred caen-
dAr OF the Superior Court. The facts and crcum-
stances connected with this as follows - On
the I'd day Of October 1915, Nicholas G. Ogden entered
unto copsrtnershp with the late John Aston fer the
estabthment and carrying ON OF an e1tensive trade
with Canton in China, upon the terms and CONDITIONS
In certain letter Of Agreement bearing date on that
day, signed BY MI Aston ana Afterwards nssented 10
by MI Ogden. In pursuance OF this letter, the CO.
partnership vent into effect ana continued until 1915
| when VIM b. Astor was admitted partner oy MS Ia
ther, OF which fact Mr. Ogden was notified, ana 10
which he ssentsd after which the eopsrtnsrship con
tinusd until the death OF MI Ogden which happened
In 1923 The plaintiff by his BILL charges the late and
present Mr. Astor with violation OF the sgrsemsn In
various and nrst In resard 70 thsr nesecs
to render annual accounts Of the transactions ana
profits OF the joint trade, hs transactions oil which
amounted 70 more than twelve millions OF dohars)
| except soms iooss' inoonso' s's''"on's' e"orssns
seven early voyages vnien only arrived In oen'on
three weeks previous to MI osdsns death, and
we're subsequently taken o~eh oy 1eesrs' A"or
He further charges that no account vas furnished
bv them until 1870, vhsn 'hey rendered 70 An'
Mary o. Ogden, the sister ana former sdmini'tratfx
OF deceased several incorrect accounts or "s"
ments, unsupported oy vouoner oJ shsn 'ney
brought the is's mr. osaen INTO 'n'n aso' IN
that the letters OF Administration granted 10 miss
osoe. v's"t @ia'' ana new i"'s" o. samn'sus.
| uon ersnNo 70 tne PiAin"n s.u mass 's'J %