New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-23
Superior Court SNuriay Jlaa
GENERAL.TERM-DEciNioN>.
Ii - -,

GENERAL .TERM-DECIsIDNs.
The whole of the slN Judges present
Henri Shelton and others, At SUIT OF ChdS.
a. ,arpe1ter-TnlS was a suit tried some time since
against MesSrs Sheldon ard others. interested III
what was known as the Kidd Co.-tl>o against some
Police officers. for alleged malicious prosecution.
MI { obtained "a verdict against four OF me aelehG-
antS-lwe believe McSsrs. sheldon Freeand' L{ncn
and Piersonl-ior 5000 the officers having been
released by the verdict
Notion y;> made for new trial on the ground OF
error alleged 10 have been COMMITTEE Oy inc Judge
IN The charge and also that the damages were eA-
ccSSNe. The case. Judge Duer remarked Va re,
fcrred tO tins Court from the supreme 'ouIl anu
doubt arose. under the Ia" dutAoI>lhS "t Idlsi,4'
x,fcfhar case, involving matters OF TACT as wei A.
law could Zee transferred 80 as 10 Or hcaid o> 'ls
Count. and 10 has been considered ihal Lle} Oo1.U;
that is unnecessary to have furtherdeAy IN IenltI
inc the decision. The Judge gave the Ne"s OF ue
Court "a considerable length.
The verdict IS general against the whole Oh me
counts Of the declaration which we're ulel' y,. ,n9
evidence shows that one or more OF ihch WIS l''' ''
phcattd in the whole
The SubOrned ycTdlct also Is on the aleS t-"A tal
the defendants tOgCiher-idtl Is UNA" iutH
conSnireI--againS, HIM 90 procure MS cOnflclioA %!
mems of suborned testimony The evidence IN this
resrCct beng for wrong ought 70 nave Oteii' a. ga
the tral OF an indictment. 20 clear A. - let'e no
reasonable doubt 9th guilt OF the parties, ~
Sentc shows that some OF the pdrue> NtIt no. a.
UaycrstraW a. all. The charges ds 70 Mt. 4. aiLIns
and assisting AnGrosS were true, ana II tl also oeeli
stated that ne uttered threats against Ny Fiefson 70
low ,he.complsint, because Tie threal had oee hi'e
IN another County. .. 49,. .,.l
ASto malicious prosecution, the Court Do tins ifal
could have no cCgnZdnce OF d5lihhs tActpt Va.
occurred here-and "A cOnspirac' was nor sno"A-the
affidavit a to'the ALLEGED forgery m passing counter
e,t money was made by Nj PlerSon alone-tll e, en-
that affidavit was no; produced Oh uia4-tl. '.al' ~
Plsr>0u avOwed 20 the magistrate a. slaicd -u t-l
r>ilua0 nv thai he dd not speak OF hi> Own snow
cdce-and therefore the magistrate ha1 TO iSA' 10
take The affidavit. ,.-, g., tl,-.-.,-,,,.
,s> rold bv the Chief OF Ponce thai y ne 9uiI thd,
C.~,crter hal ai9el or concealed AntrOsS who had
horn indicted .Or passln. counterfeit money "a
roner that CarnenteT should be arre>hel a. ~eI a
Andr0S>-ai,er arriving 20 HaVeTslrN one Oh III -lC
fenCent'S requested tlc oceF 70 tase Cl e % IL
a. liIur AurosS 20 escape, and himself ior passing
~o,,uf,-feii money The officer put IRONS upon MN
M brought HIN Il this city. The Court allled ID
the charges before the magistrate, previous 10 '
n HaverSiraw, and The testimony Hlete r.
Its clear the Court SAID ihii the " oie ~ ..S ~
s,,rc ,s "a Wsyer>raw ought 10 have oeth eAclAle-
from The consideration OF ne jury >uOt - 49, 20,
no evidence IN support oi tht CnaISSs ~ - 1.-- ~
I persecution. The ohceT AInSeI haN % eH $50 ~
tlse ,nrrrsonrncni The Judge himself on ~ tli1i
,ook me same view Of L. that there " a. no g. 49,
- ,,al,,iol,S prosecution TIL he VS. uTOusut t-Vit
Judge nrnker. and charge on OH la - 80
referred tOl made against nm nc Se-.-- 4. -.
hsrcd that ali hough the acts al HaFeTS'la" ui ~
$50 rio Tho case vet the Jury had a riSh. 70 'aAe
,ber, MO consideration - evidence % iAai.e' -.
~ -, the Judre committed great error a. u Liust
have had is influence upon me uIl.-o ~ i - .b1r
There iSnO stronger prnclpe AIu~4l ~ - -,
ma, no facts can he gwen on tglal NhloIi
,,s-s,e r,use Of acton. because defendant o1SI.
NOT 10 be subjected 20 the hazard OF t"o coo
same thing There Is no dOuDtihe 1ain'se =. ti.,r
were found IN relation 10 some d ile II ~ -,
s,rayy The Injustice of tbs "a apparent @..c-. ~ =
-, sbree only OF the SIX found guilty t"oA any -
HaverstTaw and the mao lous pFo>e1s,,o" n,.]
Commence IN he was brought before Ja'Se O.lAAe'