The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-13

=. sss..A.s Ays Dollars s - = $4,000
Tbs Chisf Jostiss, n his cAass - 49, jusy. -
that bothtdsbndsats may b. esilty Of ths see13
| and battssy charged Against tk12s - they -
be nnocsat, or one only may b guilty; sd g = =
your power e render vsrs'ss $780, =
10 blame The charge Of false impdssaoent ~
be divided into two branches ono Psrt o. taeeD
action happening before the.arivL o. ~ 49,
and without Mr.. Adriance laying hands, = -
plaintiff. The jury were TO csnsider wtstess tee!s
was delivery Of the books 70 Smith, or only oss
Of them. A store keeper q not bound e Ssliyw =
e sns out 4 ,S e ss.
debt. Under such circumstances no man hes rlcAt
to im2sison another. or 70 say,~spsy me-, Of ~
send you to prison" IL there Was sdsitvefys sesn
the c,ain for payment was only by civil aotiea.
II Sherman. the instance of Adriance, kept Saith
in tie store, then 1t might amount to = false i'm
prisonment, and If 80, both the deisndsats wxe
man in his senses could have imagined that any
felony crime, for which the plaintiff could have
besnlegaly arrested, had been committed. There
waano appearance Of a felony. II YVES not like
stranger coming into store and making purchase
uader circumstances which might cause susptote1
Of felony. The law requires more reasonable causo
to induce even suspicion of constructive felony.
before an arrest could be made. The question OF
damages was entirely for the jury.-Verdict for tho
plaintiff, 500 damages.
FART two.
i
Ger I'm the case Of johanna McEvox ~.
John Hecksr and others-an action for the death Of
achild by the falling Of building. already report
ed,-the jury were unable to agree, aud were dis
charged At eleven o'clock on Monday night.
Particulars OF the late Balloon Excursasa.
M oNH OF THE naRrY.
After rising majestioally to tho height Of nssdy
two miles, We looked down upon view, the grandsst
which 1t is possble for the imagination to Conceive.
Apparently just below U.S. wore situated tho tosas
of Bridgeport and Stratford, Nesting among trees
colored with all the variod buss Of autumn, whles
in every direction. the country was spread out ~
fore us TO the distance fifty, sixty, sevsay
miles. Lost in wonder and admiration, We behso4
the Housasonic and the Connecticut, like streams Il
silver, winding through woods and felds the Grsea
Mountains, looming up. till they mingled with tAs
clouds and tho Sound, smooth as . mirror Il
polished steel, dotted from end to end with little
vessels no longer than your hand. We particularly
observed brilliantly white thread Of foam, stretsh-
ing across the Sound, caused, Doubt by the meet
ing Of tides and We were also struck with the admi-
rable cultivation and uniformity Of the lands be-
meath us, with their little white cottages attached.
| After making some experiments with small sai1s,
aIr;anssd on each side Of 4, shs boat ~ means q
pleasure, either to tho right or to tho left, We
threw out ballast. mounted into the clouds, aud
lost sight Of earth
After rising through nearly thousand feet Of
thick, cold vapor, we shot into sunshine, and LETT
every cloud below
Here again q most gorgeous spectacle baszt
by the awful silence that reigned around. To tho
west of US were high towering masses Of clouds,
glowing like mountains Of fire. and on the side Of
an immense cloud in the east, was thrown gigantic
shadow Of our balloon, surrounded by brilliant
halo of iris coored rays. AS We continued to rise,
this shadow became smaller and smaller, until Il
was at last almost imperceptiblo
On reaching our extreme height, (abOut three
and a. half miles,) We experienced pressure about
the temples and ears. not attended, however, wish
any difficulty Of breathing as is generally supposed
pand to great extent. We drank bottle Of st.
Julien, to tho success of ''aerial navigation"
opened the valve and fell below the clouds again.
On gaining sight Of earth, We found that we had
been driven along by strong N W. by w. wind.
and were now within mile or two OF Long laland
shore. Again we opened fhe valve, and desceaded
rapidly, still carried along ut fearful rate by the
wind. Over Peconic Bay We again pulled the valve
rope, and descended still more rapidly Seeing how
fast we were approaching the oceen. We opened the
valve to it's utmost extent, and f, like an arrow.
our boat lurching and tossing, R1d our balloon -
suming, through the pressure of the air almost the
shape Of . parachute We were manifest!y falling
TOO FAST but there was no moro ballast to throw out.
Quick as thought, everything we could put sur
hands on went over baskets, bottles and PROVE
scns. The moment after, the boat struck, swsInped
and threw us into the ocean, two miles or moes
| from lana. ana twenty ave from nloutauh EolAss.
After clipgipg to tho ropes for about qusens
of hour, to our very great joy We observed bost
coming towards ua, BY which we were rescued from
our perilous situation, and landed safely on tho
beach. Here VIC were very kindly received BY alls
but to no arc we under greater obligations than
to 3. H. Foster, Esq Of Southampton.
During tho evening, the balloon was dragged "a
land and secured. A storm, however, coming NJ
during tho night. nearly covered it with sand and
sesweed, tearing the silk, and otherwise doing great
damage. aass sns.s
The balloon contains $4,000 square feet Of silk.
ard cost, network included nearly $40 900 Beinge ~
Of the trio with which NJ Petn Intended to make his
voyage to Europe, the loss is the more severely fsk
by him; bu. it has by means caused him to absn-
don his project. Mrs
Theatrical and Muslcal. 49,
BowERY THEATRE The dramas entitled Ken
meth, or the Wierd Woman of the Highlands. and
(" Der Fresohutx,' the casts of which embraces al
the leading members Of the company, and which
have been placed upon tho stage in very superior
manner, are to be repeated again this evening The
great which has always attended the endeer
vors of Hamblin as caterer for public amusement.
continues unabated
| BROADWAY THEATRE Mr. Forrest Is TO repeat
1 hia rant chc If arnla this in