New-York daily tribune., 1851-10-02

Suppose the Supreme Court of Indiana should
adOpt the same views OF law which have been long
settled at the East, and should deciie against the
petitioners what Will be the next pTeieXt IN their
affairs for case OF ENEEGEScY.
ROBBERY OF GOLD AT THE SHAKSPERE
HorEL.-Gustave Acker, book. keeper of the Shak-
speTe Hotel, and an Italian woman named Roslile
PutIa were yesterday arrested by officer Phillips, of
the Fourth Ward Police, charged with robong
German emgrant, named Atolph Berron, of he rly
all MS effects consisting OF about 0h IN gold com,
a gold watch and chaln together with rings ana other
articles OF value. 1t appears that the woman Putla
ard Mr.. Berron arrived a week Or two since from
Germany. in the same vessel. While az sea the two
became acquainted and on landing they put up at
the same hOlel. She occupied bed IN the same
room with him. Berron was IN the habltO deposit
ing his money and valua5les under his head
when he retired for the night and the fact was well
known to his companion. Yesterday morning when
he awoke, he found his companion up. and standing
by his bedside. who, on percelvng that he was
awake Immediately left. Mr.. b. felt for his money,
&c. and discovered that II was gone lie dressed
himself at once and proceeded to the br-room,
where he asked Acker. the book-kceper If he had
seen the woman pass out. lie replied III the mega
tive. Mr.. b. then went into the street. but not sec
ing anything OF her. he proceeded 10 the station
hOuSe and related his story. Otcer Philips was At
once dispatched to the hotel, where he found the
woman locked UP IN her O~n ROOM On arrcStlng
her she stated that she had passed the money over
to the book.keepeI, together WITH the watch nngs,
gwen him $l29 IN gold, but denied having received
any more except the watch and chan all of which
he handed over TO the officer He together with the
woman, was then arrested, and taken before Justice
LOhIOp for examination, which Is still pending
few months since former ok-keeper OF THIS hotei
was arrested on n similar charge.
MURDERoUS AssAULT.-Earlv on We'd
nesday morning, Mr.. Henry Clements, a resident of
Brooklyn, while walking through lIudson-st., was
attacked by an individual, unknown to HIM, and
knocked sonseless to the pavement Tie was soOn
after conveyed by the IXth Ward Policeto the Sta
ton house, where he attended by DIR. Frank.
The blow he had received severed the temporal ar
tery and he lost large quantity Of blood IN conSe-
quence. The rulfan effected his escape, as his at
tack was so sudden that persons who we're near nj
the time. bad not presence of mind 10 arrest hun. In
the course Of the day Mr. Clements partially recov
cred and was conveyed TO his residence.
UNITED STATES DIsTRICT CouRT. Be
fore Judge Betts.-AHeged Hban Erpefiti0n -Taited
States against LonS SchiesSiger ad 4. frrae LcW's
Mr.. Charles O'ConOr, surety for the defendants,
appeared and consented that his recognlzanccs be
extended to the October term Of this Court, and
an order was entered TO that effect. tCapt. l.. Is In
New-Nork, as Is Mr.. O'Sulyan, awaiting TRAIL
PcrSSe q Brooks against British bark CtGTcncc.-P
& b. claim that the bark encountered severe wealth
er and was much injured on her passage from Gal
way TINS port and that they advanced 10 the Cap
tain $7535 to repair her, taking bottomry bond IN
security-the Captain also, to reimburse the advan-
ces, drawing bills of exchange IN their favor on
Evans & Son, the owners IN Galway. Part ofthe
bills about $4,000 not paid The bark returned
TO Galway and came back again 10 this port, and
claim Is made on the botomry bond for the amount
due.
The suit is defended by Elliot Gray of Boston,
who contends that the bark owned IN fact by
Wm. Evans, of Galway. VINO was indebted 10 tlcm,
and they attached her under the nonresident debtor
law. hey aege the bOttomry bond Is VOID, mas
much as bills of ex1 hange were taken for the amount
of advances on the responsibility of the captain aud
credit Of the owner that there was laches IN not
prosecuting the botomry bond IN Galway, after the
vessel returned there, and uSury IN having taken
more than per cent.
Tnited Stofes against three cases of obscene Pore
tam Figures On motion OF Mr Hail. District Attor
ney, the suit was discontinued against cases ,064
and 1906 and an order granted mat case ,06j be
condemned, and the cont ents destroyed By the War
shal, pursuant to the act Of Congress OF Aug. 1852.
CouRr OF COMMON PLg,s-Chargotte
N0pS'ernan rainst E0lSferman-Decree Of Divorce
on the ground of a former marriage granted.
SUPREME COURT.-h the matter Of F90t-
bush-ac, Broo,ign.-On refusing to entert,in this
Notion but referring II to the Brooklyn did District
Judge EdmOnds stated his determination 70 put
stop to the system BY which gentlemen after beng
refused by a Judge of ore District or from some
other cause go to the Judges of other districts for
an orter, even as TO life and death. The motion i
to be made AT the next Ia District Special Term.
MARINE CouRr-Beforc Judge Cowlcs.-
SUIT AGAINST STAGE OwNERS.-J)is =. DJnah agt
P,17oles Ht0rt The plaintiff was passing through
Fourteenth. ST. IN the month of August. In horse
and chase, and a stage, with the names " Reynolds
{ Weart, painted thereon; came III contact win
The plaintiff 5 vehicle, which capszed, and the
chalse and harness injured This action Was
brought to recover damages for such injuries.
The wiineSses on the part OF the plaintiff testified
that the 6Tst lnllmatlOn they tad Of the accident
. h. HNns.f Tho lrara Of
stage went on and they came 70 the assistance Of
the plaintiff. Both vehicles were represented 10
have been 10 the right OF the middle OF the road
and travelling IN the same direction. There was no
evidence as 10 which party was originally IN faut
The Court decided that the plaintiff had failed 10
show that the defendant IN fault which WAS an
essential ground o! the plaInuh' s recovery. II IS
no. matter of inference, and must be proved The
fact that the plaintiff sustained he creates. injury Is
10 evidence that the defendant was originally the
aggIt sSor IL truth the paintlt may have been en-
fty al fault. The plaintiff having failed In respect
to Tie proof, ought not to recover. Judgment for
defendant.
sat for Rent.-Nr,pJ J. frisbse against Tae,ioTe j.
BGrpcN.-The plaintiff i the lessee OF certain pre-
mises il Houstonst, an1 mderlet the upper part OF
salG house to defendant. for one year from Isl OF
Nav. 1851. PAYABLE quarterly. Inc defendant cd
not occupy the premises under MS lease 1 ne PAIN
ua commences tins action ~ recover for The quar-
teI's rcnt between Isl OF Nav and lst Aug.
For ceiense II WAS cOntended that defendant mad
not occupied, and there was no consideration. Inc
defendant al produced evidence that after the com
mencemeut Of this acton, man named shaw, called
ii the evening al the house Of plaintiff and inquired
foT tie heys, which were delivered to the tenant
next morning
The Court decided that the defense had not been
made out and drenGerec Judgment for plinilhtor $780,
costs to be taxed
Before Judge Lynch.
suit for IN gTy 10 a H7rss-ChdTtts Hchfsrer agt
James Donnel A horse and cart belonging to Mr..
Nick we're standing on the pier foot of lroy-s,.ti-
Alng M a load OF coal-ano,her horse ana cart De-
longing 10 Mr.. D passed N front Of M Mchs horse,
coming IN contact and nJurlng ITS fore legs aud
causing rear and plunge, further lnuTins itself
against the wheel OF Mr.. h.s cart. The morse could
bot again be used for three weeks. Suit brought
for damages The Court held that while propretors
Of horses and carts md other vehicles 10 DE held
to siTict account where negligence Is shown, the
circumstances OF this do not warrant giving any
more than the actual loss of service and expense OF
keeping the horse during the time Judgment for
nlEutir fOr S1D