New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-11
LAW COURTS.
L. :. Disuic, C,'nr TuEsDsr. M,y 10
Before Jud-tf Belts

"
Before Judgf Belts
In the case OF John L. 0'Sullivan, Louis
schleSinser AMI Irvine Lewis, indicted ON q charge
Of beng engaged IN htting out erpedn0n for
Cuba the deciS,on on the motion 10 r,oye the case
from the District Court 10 the Circuit Court wiz De
elyen this forenoon Mr. O'SulySn. who Is = law
yer by prOeSslon) on making he motion Yesterday
FOR further which 20 plead. SAID they hal NOT
been able vet fully 70 examine ne ,imeTt the
District Attorney not having been content VIA N
Producing counts by dozens bat has done by scores
I'VE understand Il contains % counts The trial.
unless something lnioryoncS. has been set down ioT
JGy.
DlSo5cvinS Sts5pGaG. Horace H. Day
~ Sr1i II Char.s, Goofpear WIN : Humphrey was
brought; before Judge Bets attachment Tor dis
oeeyns SuoPTna requiring him. m The above case,
10 appear and give testimony before Joseph Bsidg-
ham, Esq, 4 Commissioner of me Count
Exception WAS taken oy Nh staples 10 the attach
mCnt, because The SUIT was pending IN The NaSSachu
Sots District and 90 D. tried At Boston and that
the proper course 10 take The testimony cf the wit
was not fs bcnr cSSs but cy COMMISSION. tha,
The testimony could be nj TIE command ot hlih Parties
Judge Belts held hat The 9TH section OF The judi
clsry act of l,>9 gives authority ~ the Court 10 COM
pei witnesses 10 attend before Commissioner for
examination as beas ssSe IN The same manner as In
testify m Count. The proceedings M this ease have
been regular, and contormable 90 The statute.
The Court suggested that the statute does n& ap-
ply 10 Witnesses casually here although found more
than hundred miles from The place OF tnsl. unless
they about gong 20 sen, werr sgci og inhrm
An affidavit was made showing that the witness
resides m Massachusetts, within 81 miles of Boston.
md = here tranSlenty on business Sc Mr. clifford.
for plaintiff, claimed the night 20 ME interrOgatofeS,
and have the witness subjected % examination upon
them Order that the affidavit De hei. and the wit
ness discharged nom the attachment.
Attempt az Rerolt. job Parker, George
AIwallry, Andrew Md and VIM. Bromp;on were ar
ragncd on an Indictment for endeavorlng Ia make
revolt on board the ship Baltimore. They plead not
guilty.
Indicfmeafs.-The Grand Jury came into
fArA
and embCzZlng nom = letter also, a bill against
John Miller ard Mary llatlne for opening, &C,
letter also. against Capt. Geo. w howes, OF The
steamship Brother Jonathan, while AZ New-Graaada.
causing 20 Willard Russell one of the Seamen, the
loss of one of his ewes.
Also against the following Captains OF British YES
sells Or bringing into thiS port an excess of paSSen-
gers beyond the limit prcscuocdby law of two for
every 1--WE tuns, VIZ Hugh Smith OF ship Essex ex-
cess OF 30 VIM. Hunt OF ship Australia. 80 Alex.
Weaiherhead of brig Alexander, from Limerick, :,
John Rhlnd of ship Corolanus, u Walter Brennan,
OF bark Alert. from Waterford, 3
Circuit Court .--. TUESDAY,. June 10
The suit of Mott & Ayres against John
TBnrsJy. for steam boiler supplied rope-wdk at Bush
WICK, l. It'll ON.
u. -. Commissioners O0ice- Dol TUESDAY. June 10.
Resisting an Ofcer.-Capt. Alex. Bar
on, OF the BRUSH brig SuSannah, was arrested On
charge of resisting officer of the l. : Court IN the
execution of process out OF SAID Court Committed
Superior Court -TUESDAV June 10.
Before Judge Mason
Thomas CottreH agt. Rebeccd Brock, er-
,cstlr. lit Was said that the late John Brock,
whose splendid Jewelry store, y Chatham II. At
tracted much attention from the p'SSerS by previous
10 1879 WAS aclork and manager M the establishment
of plaintiff In LOndon-that ms name was John J.
Flower. and that during the absence of piantln rom
London Mr. Flower len being indebted Tor monies no
had received aS clerk, &c Il,OOO-that ne came 10
New-Nork. assumed the name of Brock, and carried
on business as Ieweller m Chatham-st from ls2yto
the period of his death. which was IN lsiS-that ne
LETT upward of S3O,OOO worth ot property, which he
devised by will I'VE believe under the name oil FLOW
err to ms widow the dctendant-tthcy had no emit
drcn The present suit Is 70 recover OF the estate
the II coo 50 due to plaintiff. VIII interest," amount
Ing IN all to upward of $4,000
In defense, the statute OF limitation Is set up.
IL apucarcl that Mr. II. under the name OF Flower,
wrote to Mr.. Cottrell m 1880, stating mat ne ha1
opene, a jewelry store IN New YORK, ANA as soon
rs he got rich enough he would pay him whaI no
owed him, which could not be over flOO0 ~ was al
legged To have been more, but that MAS All TOT WHICH
plaintiff claimedl II was also shown that no person
except his wife and slster-ln-lav knew oil MS name
beng Flower.
The Chef Of Police Was called IN relation to deli
gence on the part Of plaintiff. lie said that II Mr..
CottrCll had sent 10 HIM description OF MI BLOCK,
he could have found HIM out
The Court charged that II party comes openly
and publicly INTO this state, and remains IN It SIX
years. the statute OF limitations wall apply-but II
must be- 50 open and notorious, that creditor, with
ordinary diligence. Ctuu nave server piOff'o ulOh
him and the question for the Jury Is, whether de
ceased came and renamed IN the State I'm such
nay and under such circumstances, that creditor,
as SAID with ordinary diligence, might have found
him II a. not a case where extraordinary diligence
on the part Of a creditor would be necessary, a. IN
criminal SUIT II the creditor could so have found
him. with ordinary diligence the verdict must be for
defendant otherwise for plaintiff. Sealed verdict
this forenoon.
Before Judge Pane.
Giies j. Hliyer agt. Thomas CARNEY,
Sherif-Edward {. Lockwood OF Myrtle-ayenue,
BROOKLYN being indebted 10 plaintiff, made an assign
ment To hun OF all his stock, Mr.. H. To be- pad and
the balance to be shared pro rata among the other
creditors Plaintiff took the goods 20 his store IN this
city with "A view to the assignment, and the baanco
Vas levied upon, IN a few weeks aiterward, at the
suit Of another creditor The action is for the al
legged Invalid levy Verdict for plaintiff, 800 ~
Court Of General Sessions. TUESDAY June 10.
Before the Recorder, and Ala. Iliwes and Miller
Grand Larceny Parker and Reed
Parker two cOOred boys, were put on trial, charged
with stealing about SIS from Beverly fucker a
boarder at the Irving House, IN April last The mo-
ncy was taken from Mr.. fuckers vest pocket WINE
he vas in the bathroom Of the Hotel on the morning
Of the 10Th Of April. The examination OF the ac-
cused before the Mayor read IN which they both
confessed their guilt The case was 700 clear iof
doubt and the prisoners were convicted and remand
ed for sentence.
another Grand Larceny. "A man
named John Whitaey was tired on an indictment