New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-20
superior Court General Term.


Ref
B,iGgd Pratt and Others, by her counsel pre-
sented application and AFFIDAVIT requiring X. }.
Beams snd Thos J. Sparks, Attorneys OF tqe
Court. TO show cause why al attachment snouiu
not issue against them for the non payment 20
plaintiffs of the sums received by them IN the seq
Element of causes detailed in one OF SAID an Ia
Wits. &c.-the affidavit OF Francis Grihin-or tnat
their names be struck from the rolls OF the court
In answer 10 this, separate releases tor PLAIN
,iFs IN Nessrs Bearns and Sparks were present.
Cd signed BY their mark, in which they resigned
an claims and demands against Messrs. Is. aud D.
for the sum OF 500 each.
The suits were by widows OF laborers whose
husbands were killed by the falling Of the wall oil
bnilding rs Water.st on 29th April last. They
were against Stephen Whitney, owner, and w m.
Thicker. agent. for said building. Two OF the
suits were on behalf Of man, lsbOrer who was
bnrt bv the falling of the wall himself and also as
next of kin of one of the other laborers who was
killed. g.,
ow Of William Pratt deceased, setting torsn tnat
ON the goth April 1850, said deceased was en-
gared and employed, working as laborer IN
Water.st in said City and that while so engaged
the south wall Of the store 80 w ater ST. tel stN-
ing said deceased, from the effects Of which he
died; that Stephen Whitney was owner aud 10
seph Tucker his agent and In MS employment
and bv their neglect &c. in not sufficiently Sc
curing said wall il fell causing the death OF said
w. p Wherefore plaintiff demands judgment
against the defendants, and that her damages be
assessed in the sum of $4,000 beside costs.
Another was similar claim by Bridget Hayes
widow Of John Hayes.
Another, Mary Hannisan, tor the death Oh Jo"n
Hannigan. NIL
Another. Ellen Driscoll, widow of John Dnscoll'
Another, Susan Barry, widow OF Patrick u
Barry b.,
Joanna Hayes. ,..is
aud as next of kin, Tor Edward Mcshane' VINO was
killed. ,.-ooo
Damages in all the cases were placed at So,OOV'
except that of Hugh Mes. which was $4,000.
The affidavit states he has reason to believe
that Messrs Rearns and Sparks compromised the
matter with Mr. Whitney for receiving for the
whole 81 600, for damages and sSVU i9r Pro'es,
siona service and that said plaintiffs have re-
peatedly applied to them without effect, tor the
amount, &c. .,-,-.
II was stated that Mrs. OBJ. received sos % in
two payments OF $50 25 and Si5 McShane a
similar amount Mrs. flanagan, S49 the others
! 500 each-making $685. In all:
Messrs. B. and s. contended that they, were
fully entitled 10 what they received that before
being able to commence the suits, 1t was necessa'
~ 10 get out letters of administration on the es-
tate Of the deceased parties, which they dld' ana
/ they were put 10 trouble and expense, &c
/
| subject, the Court made the following order
Ordered. that the subject be referred to j. ;.
| Bosworth, ESQ to inquire and ascertain whether
the compensation received by the attorneys mas
been reasonable; and if it should appear, on the
! coming in of the report, that the compensation mas
been unreasonable, then the attorneys must re-
fund the amount beyond what they are entitled to.
In the matter of the Hudson River Railroad
Company for the appointment OF Commissioners
! to assess the value OF land OF +. w Aiken ana
others, in the village of Greenbush, opposite AL
| banvreauired for the road, it was objected that
the Court has not jurisdiction, the general Rail
road law of 1850 providing for the jurisdiction -
The Court held that it has jurisdiction under the
charter of the Company-also that II has right
TO appoint that portion of the former Commission
ers who were willing to serve, and others in the
places of those who declined to serve. Commits
| sioners appointed accordingly.
Netr OrganisatiOn.-Th recent law of the Leg
| islature, passed Jan. 10, 1851, consolidating the
two branches of this Court, that of Judges Duer,
| Mason and Cam bell-with this-was read.
New rules were also adopted. There are to be
| two branches OF Trial term, general term and
special term, nine months OF the yesr-tnst Is al
| excepting July, August and September-in which
! latter months a Judge will attend its ca ambers
Court of Common Pleas SATURDAY, Jan. H.
Before Judge lngrsham.
John p Mersereau VS.. DaUid JaQWes and J. >.
! MHs-Repievin on alleged invalid levy Tor wharf
age Of oy ster boat No. g. at foot OF Deyst alrea'
dy referred to. Verdict for plaintiff, valaing the
P'0P''' Before Judge DAILY
Thomas D0toning and Bradieg Goodman vs..
Francis Duryea, J. Martin, adam Pr0sch, DANIEL
| Baker Joseph Canning, Lorenzo M4HR, Ge0rge
! W. Dtvyea, Join Wyatt, George ". C0utaat, j.
| Kel6er, John j. Levy, AlOnzO Williams, and Tho
mas h. OByieH-To recover of the Committee of
Arrangements for $50 suppers prepared for Nor
! gan and Webb Association Ball, in March last,
already referred to- The Court, in its charge, con.
| sidered the Messrs. Duryea and Mr.. o Brien liza
BILE, but Mr.. Levy not liable, as it was stated he
/ did not act on the Committeeman some others
/ doubtful. The Jury, however, considered that all
had acted, either in the Committee or out of it, as
/ parties to the arrangement. Verdict for plaintiffs
! sl47 and interest, being amount.
Thomas Sarloic vs.. Edlcd DoDdigdn.-Ac
ton against a Police officer for false imprison.
ment one Saturday evening in June last. Mr.. b.
in company with three other young men, had in
/ his possession five or six pieces Of Indian fancy
moccasins, bags, &c. which they were about 70
send off to some friends in England. Mr.. d. met
the young men, took from them the articles, and
also arrested the young men and conveyed them
to the Tombs. He there introduced them to a
lawyer said to keep somewhere near Peck slp)
and told them the lawyer would get them clear
next morning if they would each pay the lawyer
! S5-this they refused when a proposition was
made TO them to pay S5-then S3-then s2-all
of which they refused, and said they were limo
cent, and would not give anything, when he sug-
gested they might go to State prison. They were
locked up all night. In the morning the officer
carried them before the Justice, who discharged
them. The present action is brought by Mr. b.
1 to recover damages. The other three have also
/ commenced suits. Their arrest with remarks
got into one Of the Sunday papers, which was
shown to the young men while in prison. and be-
fore they were carried before the Justice next
morning. They have also commenced suit for
libel against the paper.
Ii was stated that the young men offered 10
show the officer where they bought the things
having done so from two Indian women who
stood by the Park, but the officer would not go
with them-they also wished him 70 show his au-