The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-12
Superior Court.

Wte rs. NJ RingoH and Wie.-rhis was an action for
character Of the plaintiffs wife The parties are all
people Of color; the male plaintiff being doctor
siding in New York. but formerly resident Of Philsde
his examination OF the DOCTOR who was put upon
the stand elected that he had been formerly divorced
9So no n: 90 lady to Whom he allowed so
for the plaintiff, six cents.
ROBBERY ON THE IsTHMUs.
Before Cheif Justice Oakley
DC. 10 -Dorid MelrAe and Henry b. Mslrine Ios.
CGrny, SAeTf-This suit was brought to dana
ges laid at $4,000 for wrongfuy OBTAINING from the pos
sea IS
500 in gold 1856 in bank bills note Of Hargrove Nc
Kay $40 and note Of Jenkins and Waterman for S225
Sheriff. under attachment granted by Judge Mitchell
Of the Supreme Court upon the claim Of Marcus Stan
rest robbed on the Ist6mus as he alleged Of pro
pery TO the amount Of $4,000 He wrote to Melville
Co. the plaintiffs who his creditors stating the
fact end Offering 900 reward for the conviction Of the
thief his letter given by Mr. Cook the bookkeeper
OF plaintiffs to officer NJ emith, who handed /. to
attention Stanley arrested boatmsn PANIED Herbert,
then recently arrived from California and found in his
possession watches corresponding with the watches le
scribed in the letter Of Demareet to Melville Co. From
From Herbert, Stanley sscertaned that Hiram McGarey
had given him the property to bring to New York This
where the latter arrested McGarey and found him
$1,000 in gold and the bank notes. McGary pleaded
prison Stanley learning that Demsret intended to de-
fraud him Of the reward sued attachment against
the property then in the possession Of A. NJ Smith,
IN order to secure the amount Of the reward Melville
Co the creditors Of Demare repleviaed and Stanley
gave bond to the Sheriff to indemnify him and A
o. Smith, and Captain Smith, Of the Sixth ward police
became hs bondsmen The present action against the
sheriff, to recover the property under replevin
From the statement Of Mr.. II. F. Clark behalf of
he in Chagres In March 1850 and was there robbed
Of about $40 ESQ worth Of jewe!ry Watches and gold
a. the robber Demarest at the time, indebted to
Melville Co, the plaintiffs in about $4,000 Parker Tor
McGs.ey ieft Ohsgrss for New York and Demarest i'm
tanning description Of much Of the property he
could remember. Mr. Cooke, clerk Of Melville Co ,
took the letter to 4. NJ @. Smith, police officer and
handed tito him memorandum merely Of the property
that was lost Smith arrested McGarey In Philadelphia
brought him on to New York. and took from him
amount 81 money and goods, consisting Of jewelry,
&c. which he deposited in the Broadway Bank for safe
keeping sealed up In the meantime Demarest on
stolen properly and on the 10th April 1880 he
and delivered assignments TO Melville & 10. McGarey
vas put on trial pleaded guilty and sentenced TO the
order on Mr. Stewart the clerk Of police the money
in favor Of Demarest. Demarest immediately on re-
vor Of Melville Co This was on the 2lss june 1850
On the iame day but after the transfer the attachment
WAS Issued, and the goods and money taken by the
1850 the plaintiffs demande the goods and money from
the Sheriff ss their own property ard Afterwards
The de bene testimony of Demsrsst who is now IN
California alleging the fact Of the robbery was read 10
Nj Jusice Lohrop deposed to tie arre.t Of Mcasrey
and bis being committed by witness to the Tennis for
robbrg Demsrest the usual lie for the ocer 20
to ,Ss poe. a.
perton who usually takes charge OF III he called Their
property clerk think II vas ofcer smith that brought
Sidney H. Stewart dsposed that he recole.ted the a.
rss McGsrey; be was brought to the ofse by A. ".
pbia don't know that any property was found on him
may have seen the watches but have reoollectio
the probability sthst didse them did net coantih.
tiDct recollection that cav the jewelry; don't thnk
saw the money; can't say how many articles there
dunn, and continued II have doubt there we're about
eight sver vstches can't say except from the record
how many gold Watches there were; there were doub
looms and bank bills know Mr. Melville who Vas there
at the time; never had the property In my possesos
the jevelry vas taken from Mr. Herbert.
Alfred Phillips deposea that he was counsellor for
McGareyi knew Of property being taken from him;
never saw the property; rhoe Warner, believe was
the counsellor for NcGaey before myself can't say
yhetSsr the psPer produced was signed BY MeGsrey On
Mr.. Bunt-The paper was signed after Mcaarey
M Philips Il delivered the paper to Mr. psmsr.-t
ths day IL vas signed thought the property vas in
the poesession OF Mr.. Stewart the money In the
way Bank don't think that Mr. Melville eonsen.ed
that should have the $500 he had nothing do With
1t my inprsssion is TIA, Mr. Smith drew the check
the attaching creditor and on Mr Blunt sneris counss
Mr. Clark read the order on Mr. Stewart aad NJ.
Stewards endorsement, and Mr. Phillips receipt
Samuel A Cunningham deputy shsriG, deposed to bis
the Broadway Bank and in A. NJ. Smiths hands; he
took the property descrbed in this suit there ether
property in the bundle besdee what have enumerated
Q.-Whst other property va there A.-rhere were
~ 80 and IS gold pieces shoud Judge there ue-.
zoo altogether do not know that any diamond
"a, rings took what Smith gave me III. 600 10
gold pieces and $3.50 in bank bills and douboops wee
deposited in Broadway Bank for safety.
Mr. Blunt remarked that the attachment vas received
y ne sheriff on the 2ls June 1850 at 20 minutes Of
Edward J Hornblower deposed tina. he .. je.eier
,rrrsssa the property for the sheriff should think It
Frspcs Tou councillor at law depceed ,hs. be mad.
demand Fl the Sheriff In writing the fret Of August
AMER some further evidence, Mr.. sandford moved TO
iismiss the complaint The ground that the plaintiffs
have rot BY the syidense proved any title in bemarest
Jourt .sid II vas . question Ct serious import, ard
Horld fer the present reserve his decision The points
y Law. He would leave Il TO the jury specially %
sId whether THE money vas the proceeds m the stolei
'rsE.rty ,.,, .,
A n: q Smith was then called for The defence, and
he Expr,se business In the cfhce Of Wells Co. vas an
nicer Ter nineteen years. knore Messrs Melville was
ensu upon ~ Mr. Melville In reference 20 robbsryof
NJ De msrest; Young man named Herbert whom Stan.
~ arrested had in bis possession about twenty ous
ratebef; Herbert had just come from Chssres; there
we're thirteen gold watches eight silver opes sent Nr
Melville and he them at the time got the watohes
BAD not seen Meemey after getting the watches STANLEY
nyrsh and Melville, vent 70 Philadelphia Stanley
I'D get description Of McGsey Stanley arrested him
rd ~srcbed him and found On hin sold coin aud ear
nes bsnh gave him receipt for thce. things; Ne
]srey said that they we're his rines that be bought
hem at Tsany In Broadway and that every dollar %
he money vae his ana he would hold me respousitle.
hat IL the sane money described in the comp aint.
Croee- examined-Q -Who IL etAnley-is he o police
,cerl A-No; he IL round the police ofice every say
What wee be 1t this time Al believe be was =
reporter on the Police Ga-sffs told Mr. etswart 70 send
Stanley 70 me, In Wall street; know be arrested Her
pert Herbert told where the vatebee WERE DO not
nov whether be vac locked upon vi.pess thief
NJ the property SEIZED By the sheriff taken from
Ac0arey; ell the property except diamond rings, weo
iefvered 10 the Sheriff always take from the thefa
bod him; signed the bond reclsimipg the property
r. Oeoh deroeed that be va clerk Nth Mslxl,le