New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-13

N deceive Smith was fully identified by the com
nlainan,s and was taken 10 Westchester County to
meet the charge
ARRrsr FOR GRAND LARCESY.-A Young
Irish woman. named Cecilia Bronnen, domestic IN
the family Of j. {. Coon keeper OF large boarding
house for colored persons, al No l9o ChurcnS was
arrested on FRIDAY by officer MA,noaieot the hiTu
Ward charged with grand larceny. having stolen
number Of silk dresses, shawls, pisie, &C, 70 the
value Of $780, the property OF dinerenl ooatuers IN
the house, which she had taken al various 'lhles'
After much difficulty the officers succeeded IN aScet'
tanning the place where her trunk was concealed,
and on opening It he found nearly an OF Ine s'oseh
property which was identified BY the owners. Inc
accused was then taken before Jussice osooi"e ai1
committed 10 prison for triaL
ANOTHER GRAND LARCEyY.-A German,
named JOAN Koiph, on Friday appeared before JUS
tics Beakley and preferred complaint against one
Adolph hanniman, charging hum with s.es,ns q
from the yard Of Nh. koph, n Ninety -nintn-st', pc
tween Fifth and Sixth avs, and the accused II Is
stated seen shortly after with them III ms pos
session. They were not recovered Inc accused
was held for examination.
SUPERIOR CouRT.-Before Judge Duer.-
Samuel r. Moss against Abraham b. Peries-Mt NJ.
IN crossing Walkers, at Mott was KNOCKED down
and injured by horse and cart belonging 10 Mr. T.,
driven by man who usually took II out Win a view
to sell wood. MI P. keeping woodward Inc ar.
ver at the time stated, was intoxicated Inc
case was tried before, when the Jury could not
agree. Sealed verdict this forenoon.
The ARare Works against Merck W. CAdpn' 20
recover for making one of Lynch's Condensers, al,
ready referred to- verdic' for pIahi'in' si'oo anu
interest.
SUPERIOR Court. Before Judge Duer
Samuel H. Moss agt. Abraham b. PTfee-lo re.
cover damages for injury by being run over by cart
of Mr. P driven by person alleged 70 De IN ms EN-
oloyment already referred 10. Verdict for plaintiff
$500.
SUPREME CoURT.-Spe L Term
IN the Matter the Nelc Part.-The argument as 10
the admissibility of testimony TO show whether
part of the law had been stricken out after II hau
passed the Assembly, and before 1t went to the Sc
nate-and other polnts-waS commenced on re,hear-
ing. Mr. Davis, Corporation Counsel and Ex-Judge
Jones appearing opposed 10 the admission OF Such
testimony, contending that the certificate OF the Sc
cretary Of State to Its being law, must De hna1
and Ex. Judge Bronson IN favor of the owners and
IN opposition 10 the taking of the land. &C
INCHAMBERs.-Before Judge EtmoRds.- usfody%
a Child-Hdtfsd aet. Hdtfeld-On the hdbeas corpus
already re erred to- for the ndcustody OF little
Girl The grand parents, II VIII be recOlleced, nave
had the chld they say their son, father OF the child,
and the complainant, its mother, resided win
by Ms fat er and mother although the latter went TO
Housekeeping that their son went 10 Calliornia III
January, 1872 asking them to take care OF the chiId
and that its mother unknown to them, recen'Iv en-.
tered suit for divorce for alleged lnhdety against
their son. her husband, who Is IN California, and OBJ
tanned BY default divorce They commended that the
mother was unSuted TO its care, which was denied
The Judge ordered the child TO complainant the
grand parents 10 be permitted to call and see
L. S. CoMMssIoNER's OFFicE.-Betore
Commissioner Nelson-ln the case ofWilliam Stew
charged with obtaining property under false pre-
lenses by ens sting when under 81 (but asserting IL
was said, he was 2l,) testimony was taken TO see
whether he was intoxicated at the time OF enlStng
Ii was shown that he had been with some " friends
and became intoxicated on SuHday-ne kept up the
operation on Monday-on Tuesday morning the day
he ensted) he again drank some GIN, and at
IL o'clock enlisted The examining surgeon at that
time at the depot Is not IN the city but the regulation
was shown to be carefully TO examine a man to see
whether he is intoxicated or not, and Judge Gfeen,
twho swore stewart, on his oath OF allegiance, on
enstng) did not recoect his especial case OUT SAID
he always makes 1t a rule to be very particular on
that point. person who saw ewart IN the even
ing said he was not intoxicated then. The Commls-
siOneI committed him on the charge Of false pre-
lenses. both Stewart and his young wife, VINO mas
been present during the whole of the proceedings,
seemed to be much grieved at the RESULT
Court OF COMMON PLEAs.-Before Judge
Daly-yohn f. Hunt agt Netr- Haren Railroad Co
To recover damages for injury the railroad track,
already referred TO. IL was shown that, being Sat
urday, two special trains ran on that day and that
tiers of mile of each other, some witnesses saying
going GO miles an hour, while those OF the Company
said but about 90 miles an hour. Mr.. H., who was
a stranger IN the vicinity, having gone from New
York, with his step daughter, to place child at
school stopped iii the regular train had passed, and
without knowing a special tram wasfollowlng, drove
thetTack to cross It, and was struck by the second
train, and his step daughter Killed, and himself
greatly injured. lie sues TO recover S5O,OOO dam
ages On the part Of plaintiff, II was said that the
tram gave notice of approach by ringing the bell
while, for defense, II was said they did ring the bell
II was also said by defense, that Mr. Hunt exercised
want OF ordinary care the top of his wagon Ut
being warm dayl beng half or wholly up, so that
he could not surrounding objects that the APP
proach Of the trains could have been seen had the
top been down and that being unacqualnted with
the road 1t ms duty, before attempting to cross
the railroad, TO keep strict lookout, &C.
The Court charged, that II there was negligence
on the part Of plaintiff that IS, want Of the ordi
nary care which every man Of prudence and Judg-
uent Is presumed 10 exercise under such clrcum-
stances and II, by the exercise OF ordinary care,
plaintiff might have ayolGtdhe accident, he IS 10 be
regarded as contributing toward III which case,
although the same want OF care might have been ek
eTclsed by the conductors OF the tram ne cannot re-
cover. II, however there was gross negligence on
the part Of the railroad tram that itself forms dis
tnot Of action, and plaintiff can recover dam
ages. II Is said that IN the immediate vicinity OF the
locomotive very Oftes the sound Of the bell cannot
be heard, j; drowned by the noise Of the train
\ question VIII arse IN that case, whether they
should not also blow the whistle, which 1t IS sad
they DO al particular crossings, where the train
could Lot previously be seen and also whether the
trains were kept at sufficient distances apart TO be
safe for travellers. The Court also referred 10 the
fact Of the wagon-top being up, &c, IN proof as 20
whether ordinary diligence was exercised by plain
TIT Sealed verdict this forenoon.
John JGc0ts agt. Mark Lery-Mr j Kept AT No.
100 Chatham-st.. and Mr. J.. at Mr. Jaco5ss. No 100,
adjoining. The latter, II Is sad, obtained diploma
from the Institute, and the proprietors Of former At
stated, had placard IN the window, claiming
that they were the ones who GOV II Mr. L. went into
the store TO ask them to remove H. and II l. charged
that he there severely stuck Mr. J. Action is brought
for assault and battery In defense, 1t IS alleged that
Mr. 4 rFC L OIIf then anne nnfS1 az.
and approached Mr. l., when the latter pushed him
away Verdict for plaintiff ISL, which covers costs.
Court or COMMON PLEAs-Before Judge
Daily.-J0hn L. Hunt aet. Eec Harea RairOad Coni-
p0ny.-sun already referred to- For damages for
personal injury, by collision Of railroad train-t was
SAID the claim for loss Of services OF his stepdaughter
who as killed, must be brought If al all IN Connec-