New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-13
NEw.YoRK DAILY TRIBUNE MONDAY, JANUARY 10, 1851

horse and wagon IN Dec. 1875 "nhe eu"ea'V',n5
to avoid blast of rocks, attempted to run his
horse between a lamp post and telegraph post,
junction Of Sixth av. and Bloomngdale road, out
the wheel struck the telegraph post, and he vas
thrown out and severely injured. He claims that
the posts ought not 10 have been there and seeks
10 recover $1,000. The principal defense IS that
he was driving faster than allowed by law 10
be continued
CoURr or GENERAL SEssToSs.-Friday. BE
fore Judge Bebee and Aid Dodge and Bard The
sentence Of Niles and Roberts deferred The Court
Room this morning was crowded with persons
called together in expectation Of hearing sentence
passed on George w. Niles and Nathaniel w.
Roberts convicted asst month Of obtaining money
by false pretenses. They were not sentenced,
however and no reason was assigned Tor iurther
postponement. 1t is now said they will be sen
fenced on Monday. There was considerable AJAX
ety evinced TO know the reason why the Jadg-
ment of the Court is so long deferred
The Trial Of Caspar Richard COntiaued.-Ths
case. which is on trial on an Indictment charging
Caspar Richard with stealing Sll4 from George
and John Sawyers at No. IL Avenue Is, was con
tinued from yesterday. The defense produced
unite a number of witnesses TO Prove good cha
racter for the accused, and also to prove that he
had money prior to the time at which the theft is
alleged to have been committed. The proof OF
his guilt however, being of more weight with the
,Jurv thew rendered verdict Of guilty, and Rich
ard was sentenced to the State Prison for two
years.
Pleas Of GpiHy.-James Johnson pleaded guilty
70 Grand Larceny, in stealing package contain
ing 81 600, from the Office Of HOughton K Co No.
50 WaLst on the 9th of Dec. He was sentenc-
ed TO the State Prison for ? years and months.
George LzeH pleaded guilty to grand larceny
in stealing boat sextant, quadrant, and spy
glass. worth in all 1886, from board the brig
antine Susannah. Capt. Barrow. He was SEN
fenced to the State Prison for two years
RoBf. Simpson alias McGuiye and James Mehan
alias Mitchell, pleaded guilty to burglary IN the
third degree, in breaking into the clothing store
l42 Fulton-st on the 22d OF December last, aud
stealing therefrom clothing valued at $50. They
were each sentenced to the State Prison for two
years.
George II Paterson, colored boy about Is
years of age, pleaded guilty TO petit larceny IN
stealing watch, the property OF Benjamin hoot'
ON the 10th Sept. last The Court accepted the
plea and sem enced Peterson to the Penltentlary
for months Adjourned for the day.
COURT or COMMON PLEAs-Berore Judge DAILY.
William Harris vs. The CITY Of Ne'o- York
This case has been already referred TO. Plalntlit
alleges that the City Government converted the
space at the junction of Sixth ~. and Broadway,
and between Thirty second aud Thirty third SITS
into an open square-that before it was converted
that part of Broadway was Bloomingdale road,
and that lamp post erected at said point, but
ceased to be used at the opening OF SAID square,
vet was permitted to remain there-and that In
addition the City authorized telegraph post TO
be put up in the square, within about ten feet OF
the lamp post. Plaintiff also alleges that on itn
Dec. lsis, he was driving on said Bloomlngdale
road in a wagon toward Thirty i'' st So
plaintiff turned to the left and passed the stage,
end Immediately saw persons notifying passers
by that match had been put to blast Tor ROCKS
that he attempted to cross the street, and then
saw the posts and that he had no way to proceed
but to drive between the posts, which he en-
deavored to do but the hub of one OF the wheels
struck the telegraph post the shafts OF the wagon,
by the conclusion, were broken of, and the
plaintiff thrown from his wagon with such violence
that he was rendered insensble and believed to be
dead but taken to drug store In the vicinity and
restored TO consciousness, but was sick from the
injuries he received for seven months atterWard,
and under which he is still suffering, and his
health will be affected by it so long as he lives
Plaintiff further alleges that his horse was an
exceedingly valuable One-beng worth SSOO-
that it became frightened, ran into store, to the
danger Of the lives of the inmates upset the stove
and, in doing so, was so much injured as 70 DC
worth afterwards, but $780, He brings suit
sgainst the City, aging his damages at $4,000.
The defense principally was that the City is not
liable for injury occasioned by the existence oil
the Telegraph poles-the Telegraph Co II any,
being liable. Also, that MIR. h. was driving az an
unlawful rate of speed aud is amenable to the
charge of want of proper care, &c.
Judge DAILY, in his charge stated that the CITY
has right to place a lamp post in any position It
thinks best, provided il is kept with a light and
in use ; II not in use it may become nuisance.
The City is not liable for injury arising from the
Telegraph poles unless it creates contiguous OBJ
struction which causes the difficulty AS to the
rate of speed at which plaintiff was driving,
Jury can take that into account in cases Of col
lisi0n between different vehicles or injury to 9TH
err parties The question will be whether the &C
cident was caused by striking against the Tele-
graph post and if there is ROOM by the exercise
Of proper degree Of care for the plaintiff TO have
driven between the posts The Jury found for de-
PENDANT the City, This is the third trial OF the
case, and in addition to Mr.. H. other losses in
the matter the costs will amount, probably, to
quite a large sum.
SPECIAL TERM-Before Judge Woodruff
John Giidersleere vs. Emeliae Gikierslcere Order
of reference.
John Conaiy VS. Bridget COnoly-Same.
James Nicholson vs. RUeline Nicholson Same.
VIM. Pelouzevs. Hannah NJ Peloaze.-Same.
L.