The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-16

Before Justices oakley, Paine and Campbell.
Bella .abromy j Judgment reversed and Judgment fol-
the plaLiits The demurrer With liberty to the de-
to amend on payment Of costs within ten days
.a0ron Ssifos Il al vs. Tksmas BovL-Notlon ~ set
'',de non'uit grantee and ns~ trial ordered
B.,k Judgment st special term reversed, and CON-
rlsint dismissed.
dismissed. and order at cha nbers affirmed
john n Gamtrsi and ohers ads. james LytLe Fl al
APPEAL dismissed and order ut cb,mbsrs affirmed.
koses N Grinnea and others % Witiism r. SehniA et
st-Appeal dismissed and order at chs mbers cd
Before Chief Justice Oakley
O,ronrR l4-AssAuLr ArD BArrkRv.-ihHip Has
notan .dndTsv DoSd-The plaintiff com plains that
the defendant the 18th OF November 1870 violently
assaulted him.. kicked and knocked him down in
face and severely biting Of his fingers Tho as
sault WA stated By the plaintiff TO Do unprovoked,
old grudge. Damages were laid at $1,000. and Mr.
shafer. on the part of the plaintiff, produced wit
ne,sas to SUBJ tsntists the charge
MIR. Bryan, behalf Of the defendant submitted
that the assault complained Of merely in self-d
fence and that tho plaintiff was the first asgr
that the plaintiff mad assaulted the wife Of defea
can't The previous evening ana when aud s,ksd
for an explanation, he commenced the assault tia
defendant, ssd that the assault complained Of
AR sn absence for some time. the jury came into
r"rrt and asked the Judge what amount Of damages
The Judge explained that IL the damages we're under
$50 they would carry the same amount OF coste Fer
tb. plaintiff would also get $40 costs supposng they
amounted to no much but II there . verdict tor
500 upwards that would carry all the costs
ter what The amount might be
n The foreman said eleven Of them had agreed but
that thereyss not the slightest chance OF tho twelfth
Juror comfbg t. Q concurrence with them
ThpJudge directed them 20 retire to their room at
the time remarhing that it would be- I'M Justice
10 both parties concerned IL there verdict rem
dered would put them TO the expense Of smother
trial, which would entail on them additional and
necessary cost.
at the rising Of the court tho jury being abls to
sgree, we're ais charged.
Der. Is -MIchGsi Kennsep, u.s. the Mayor. &C. Of Ne,o
o,k-This action tor damages done the goods
OF the plaintiff, by iEundation of water caused by
leakage OF Croton pipes. The Jury returned verdcs
of 81 goo damages Tor the plaintiff
TRANSFERRED BRANCH.
Before Judges uer, MASON and Campbell
Der l4.-LIssL sun.-Beryamin f Wh.eiwrtsdt, ads.
Hiaiam G'16ons-Tae srgu%.nt Of this case on de-
fspdsnt, eontending that there was bel ontain-a
in the allegations, while Mr. George Wool behalf
the strucion nbellous. The libel plsined
Of contained in letter Of the 10Th January 1sIs
write by the defendant, and CONCERNING the pain.
tiff. The letter addressed to Curtis Humphreys.
Esq., and said thst Mr. Gibbons guardian Of
Hannah Gibbons, daughter OF his deceased brother,
Thomas II. Gibbons, and that he (Mr Wheel sright)
YES her trustee and he would thankfully receive
any information from Mr.. Curtis, In relation TO the
property Of Thomas II. Gibbons. The letter vent
TO say =" Hr. wiliism Gibbons enjoys either legally
or illegally, her rightfu Inheritance. have means
Of getting nformatisn except through Mr. Gibbons or
HIS ri.r de. and do not wifh TO trust TO either a.
have no conhdepoe ia ths man another part OF tbs
letter ssld-" do not intend 20 employ Nr Marsh: nc
IL u stranger to and friend OF VIM Gibbons. end
that lie enough or me to decide not &c trust him /"
The plaintiff contends that he Is greatly injured aud
damhid.d In HE coed name and credik by reason OF
this letter. and lays his damages at $50 coo.
For the defendant, IL IL d-murred that the first
count Is not sufficient In law to maintain the action
There hbellous words In the fret count The
inusndo following the words enjoys either legally
or Illegally her rgtful inhertsneen un~srrsntsbly
ext Ids and enlare.s the meaning OF These words aud
slso undertakes 10 state the legal inference to be
drawn from said rds; and that the wor A
tanned in o letter. which H. privileged oommuni-
cation, free from malice; that the defendant had
right TO rite It, aud Il not accountable. The
demurrer made 10 the other count.
Decision T,terv,d.