New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-31

tried before Judge at spss. Term M, for s e ns lana &C.
Psfer Scott set Geo. w. Penfr-Jndsment ~ opec c
Term reversed and new trial ordered cosS 70 a''' TIC
Phc,p, sst Bishcp-Judsment at Special Term an fmsd
with costs.
Pete, p. ye,raase AT Dorid p Foot-Motion denied.
Miesad Mnyiosh agt Pa'r1es h"ed"as''-- e"''''' o.
iosenk Gaiosd al suit Of william II. Diot:-Moton for
"e Nee York Dry Dock Company Samuel SaeyDo'd
Ncu- York osd Eric Railroad Company against Hdrreg
Sprinestetn- Motion denied, with sic costs
SUPERIOR CoURT-Before Judge Oak
cy-Shamroek Be4,rolenf Society aet Ann Donohue-IS
$50 the value OF harp alleged as belonging 70 'ns
1t appeared that division took place in the Society thres
OF four wears ago. q portion ated from the others
The Society possessed OF considerable paphathaha
such as banners &c ho taken into possession OF
retained by Mr. Collins the Secretary claiming nsn' 10
do So and he declined give them up In an action YER
dict was rendered against him, but reversed aud new a
allowed which in favor of Mr. C. The husband Of ae
serdant Mr. ponohue since deceased Treasurer of the
Society," the meetings of ich were held at MS mouse rs
claimed he had Individually bought aud pad io tne
harp az the Society had bought it Of him and declined
to let with the and it remained In his AZ
the time of bis death and is nov in the hsnd Oh tns osen'
In defense it urged that the harp belonged to deceased
! and not the Society. Verdict for defandsnt 49,
AGan Zdhn agt. Timothy NJ Cheesemaa:-do recover
| damage s for personal injury, amount laid at SoOoo
1 On
with another person were carrying beam Of timber TWEEN
y-four feet long. across the Tent-av between ITsnIJ
fourth wenty the beam being ON their shouid-
ers each eld when Dr. c, in wagon with ms son;
driving down the at fast rate OF speed ana
came with the middle OF the BEAM hnocked
down plant ii falling with the beam upon him, rom which
he about the head snd bruised cenaes nad N
been subjected to sudden attacks OF illness ana sam
been hurt mind as well as body was denied 'hat
there any fault on the part OF DIR C.
1t was shown that cart the line Of vision be-
tu zen the wagon panths-hat Dr. G. took up PLAIN
. exSd 10 he al
three weeks he sick and aiterward The Jury gave
verdict for plaintiff Of $500
Emery Mothec aet Moses s. and Alfred K. Beash-Tore
cover damages for alleged libel
On sh October suit tried for alleged libel brought
in behalf the plaintiff which alluded to difficulty
which had occurred in Brosoway respecting wo passenger
tickets and spoke of emgrant &c verdict was
given for plaintiff testimony as t. Justification having
been it is said, presopted.
The present suit is for an article inserted the day after the
trial referring the result Of that trial with explanations
and inserting, with view TO showing the case the para
graph on which bad been has "a the day be- RE- IL
.otsnded that having done So it became new hOe ana
tuit is brought - -.
The article now complained of stated that after the publ
OF the original they made inquiries and ioaad
il and could contradict i without sanng
ood also stated thai certain things in favor OF the
psintf which named, had been shown on the tiai
The before of which they would give the pantH the
benefit -,
libel the alleged libe can be published with view 70
showing action, but when the alleged libel In,
serted with view to ment outside the report o. the t'
tax. upon themselves the risk of proving 1t 70 be true
whether the juhcaton III tAs Sds5 nus
been made out or not Sealed verdict .h;s 'orenoe,
SUPERIOR CoURT.-C. Matthews agt.
NJ s. and H. T. Beach-For alleged libel already referred
to- The Jury came IN with S thsre was , Doubt
as to the charge which the Court explained and the Jury
again retired.
SUPREME CoURT-General Term.-Da-
rid Weeks suit of Ira TookeAppea from trial at Cir
cult Capt Weeks master OF the bark Delta ana PLAIN
vOOke lad
uishn snt the Captain caused the head Of cask to be
out the lad placed the cas and the cak headed
I'D again aud be was Kept hour The Court
the uia charged that this was an naw mode OF pun
IL was conepded on the Argument that harm accrued
paiot and that the Captain was JUSTIFIED IN the mode ne
pursued plaintiff having deserted twice. also threatened the
Captain, &c. Decision reserved;
Enli,tment Case-A Young man who enlisted as Adam
Nolan brought up discharge the ground Of nnori
ty. IL oppo o to the writ said that the said Adam
duly enlisted l7h May for Ave years in Capt est
COTS mpany-tbat he has clothing the amount
of s2O III Is paid for oath 81 the citizen who
ofsf IS; i'm in ali ali SIS y Testimony was taken '
SUPREME CoURT-In Chambers-Be-
fore Judge MitcbellHabeds CopUs-Pinkus Goldsein,
German had been committed by the Chief of Police,
charge Of having set fire end dwelling house
SScse demanded on the ground there was not su
Gent evidence against him to commit hm that he Is not
Of his rights had no counsel present nor were the
s sh oSGTs ss sn ro on s
not setting forth the grade of cme and further that the
aaistrate is Unconstitutional void, he being
elective or Judicial officer The points were PPo'sd oy the
ment presented, and decision reserved
SUPREME CouRT-Speciat Term-De-
cisions-Before Judge Edwards-Wm. g. clark sgt.
Hugh McAean.-Moton set aside judgment, granted
Herman B,usn, ct al. ast. James B. Mwray-Moou de.
MED without without prejudice to any future motion,
C. f. Spar and Others. agt. Samuel Myer'-Motion to
set Oft judgment denied without costs
H. e. Bennett agt q. HaA-Motion to strike out answer
Of defendant denied but without costs and with leave to
plaintiff to issue commission to examine defendants
HIN. W. Utnans ast Darid Green Motion to set
aside award of srbitrators denied with $40 costs
In the matter IF he Petition Of Stephen Num- ct al
Application for appointment Of Caroline Stokes as rns.
tee place Of the NewYork Life Insurance aud Trust
M he matter Of the Petition Of Ed,oryd Prime and Others
Tfustses Of Rufus P,ie-Appcstion direction pro-
coed and execute trusts in will granted.
confirming final report referee and dischngug
The Argument in the Of extending Cana-st. and
widening Walker was resumed
L. S. DISTRICT COURT.-Before Judge
Judson- SENTENcE.-Jsmes Awkward. who with his sister,
was indicted charge of passing counterfeit money to
whek he pleaded guilty. end his sister dch rged, was
brought The had been rared by
eel that the piece of false oin Acknowledged have bsen
passed. and which purported to be sovereign was not In
The suude of any foreign coin, and therefore not within
the law. One side of the pce imitation of the
sufficient to bng the within the the term if it
calculated TO deceive of ordasry understand
ing He was sentenced to years and months imprson-
ment at hard labor.
/ Decisious:
Sutton agt- HennH and othe7s-Defenoant and others
shipped lumber b. ard the Cygnet owned by hbsant.
which taken to California and sold there, but II did not
produce enough pay freight brought here for
balance Libel dismissed on the ground that the sale IN
| California not legal
Msnson agt L0bech & Sh0fey-On charter party Of
schr Tampco. Decree for hbellant for full amount
CoURr OF COMMON PLEAs-General
Tem.-D .-Jud9meRt affirmed tcih cosis-pa.-