New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-20
COURT PROCEEDINGS.

cue for suppeIs furnished II Is said for the Morgan
and "eoo Association Ball, at the Chinese Assembly
Rooms, already referred 10, Plaintiffs recovered a
NeIolci IN fermer tia but II was set aside on the
ground lnai there was evidence ants Mr. Levy
whose name was said TO have been placed on the
oHTittee OF AIrar gements without MS Ano Wedge,
and that he old not act
IL the Present trial however A son of Mr. Down
ing teslhed TO Mr.. Levy coming to his fathers place
ia BToad-st speaking of the supper. ana sdnctoalng
II, ano another wltIess, James Mccormick. saying
he was present at Mr.. Downlngs when MI l.. came
there, and he cIrecsed that the suppers should De
hDefauy PROVIDED. THIS later witness, no Tever,
subsequently, came forward and said he had been In
duceo 10 give wrong testimony. and corrected IL.
"A warrant was issued on Tuesday, by the Judge,
against Nee, for false swearing AMI he vas arrested
by ofhcer VIM Brown, and held
The Court, IN It's charge, SAID as respects Mr..
Levy the case stood as It DID on the last trla except
the scoitonal testimony OF Peter w Downing and
MCCORMICK. The Jury Will lmpartaly ana fear
iessly weigh the testimony. II they think Mr. Levy
sanctioned the engagement, he is liable but If 9TH
erwlse, he is not AS to most of the other defend
ants, they say they are not liable as out or two
Of their number ordered the suppers They were
TO be PAID for at IS cents EACH by the company, but
me bal was broken up oy pers ms outside In re-
gafC 10 Committees, The Judge said, II they subdi-
VIE and ally portion of their number do an &C. that
within the scope If the powers Of the Committee,
ne NnOle are liable but II NOT. The others are not
liable. In this connection, ii VIII be Inquired wheh
supper is legitmstely and fairly portion of the
bal arIaI gemeDts. Peter Dos ming saws that 1t is ,
While Mr. Mills, who appears 70 be we'll c0nversant
IN the arrangement OF bal Says II Is not ATeali-
y aHqulsitf part Of the bah arrangement, bN II Is
usual TO have supper. The jury viii decide as to
this point
Tie Court durag its remarks referred to the tes-
timOHy Of parties themselves. where It Is admitted
under the new Law III III S Sta.e In Great Britain,
the JUG g. said. within the as. eight months all
strlcoIs In this respect nave been done away, and
every can offer himself as witness on mis-
own complaint. As 10 whether the change from the
.IA Ill hao han al Iona mot mus he loft
the test of experience but It is matter Of regret
tnst It's practical working 50 far mas been fraught
With the very evil which the Old rule was designed
prevent and In civil causes there is desire less
for truth than for victory, and testimony assumes
the character of business than OF solemn truth
but fa.sehood, when detected, should be made to
feel the punishment which Is Its due.
The Court also referred toremafks which lad been
made by counsel as TO the religious belief OF one OF
tie defendants Air Levy and some of the witnesses
members Of the Jewish persuasionl The religious
belief Of witness the Court said, furnishes test
Of the ruthfulness OF his statement-that is matter
between himself and his God, with which human TIL
hunals have nothing to DO. Perhaps the absence of
ali sense of human accountability might operate as
fact to be weighed, but In this country the Jew and
the Christian stand, III the eye Of the law on per-
feet equality and any comment, therefore, on per-
of the former persuasion, Is In conflict with the
genius Of our Government and uncharitable as
mater of opinion. THERE'S no reason why this peo-
Die should be subjected to invdiOus remark. The
oonsiancy with winch they have chung to their reli
eiob is known and Itls unit that any ausion should
lie made to their religious belief when their rights
are 10 be passed upon In a Court OF usnce.
The Court referred to the points of the testimony.
The Jury found verdict for plaintiffs against all
the defendants for Sl66 81, being principal and In
terest
iAfter the case was through, the Judge committed,
for examin alton, on the statement Of Mccormick as
10 false swearing, Peter w. Downing and also
Thomas Downing, the latter as TO the statement OF
subOLiBg. The verdict OF the jury however would
seen to credit the testimony of Peter They were
held in their own recogniZancesl
J0seph Cook agt. the New York Floating Dry Dock
CO.-Plalnuh is a shlp-caTpenter WINE on
staging At work on the steamship ONO, which was
on tie cock, In January last, the scafodiDg gave
way, and he was thrown down and severely injured
lie alleges that the injury was owing 10 the negli-
eDce OF plaintiffs IN not making the scaholding Sc
cure, anc brings action 10 recover damages-amount
On the part OF the defense. the Company say that
1T the time the Ohie isrsei they fet the MISTER
to Mr.. SmCnson, who had the whole management,
: I'd plaintiff was IA Mr. ) s employment and II the
; CO to ipg was insecure, It Was through the nesh
Before Judge Woodruff.
DstqS Raphael agt. Henry Hduens and VIM Bond =
TO recover damages for injury to son OF plaintiff,
ho severely scaded and injured, u Is sal1, ny
q rush Of hot water across the sidewalk from de-
fcncants Cstillery Elms opposite the Synagogue,
III April 1880 in defense, II IS said great care was
always taken to prevent damage, ard II the son OF
plaintiff Was injured II was by his own negligence.
SUPERIOR COURT Before Judge Oakley
Job Edwards agt John CGrhn-To recover damages
for alleged SANDER in Say ing plaintiff was tnley-
mg,' &c. Plaintiff was watchman al the aock OF
Mesrs Geo Law q Co.'S Pacific Mall Steamship
60 and defendant a hackman. IL was SAID IN de-
tense that ship had Just got In having sick man
en- board, and G.. was employed TO convey MN ID
certain place. and IN order to get hun into the car
rage II az necessary to drive on tue DOCK 10 the
snip and C. had PEI mission from the policeman to
90 So but plaintiff took hold OF his horses to prevent
lin snd he used the words referred to- bus without
ntendaI 10 charge theft, &C. Verdict for plaintiff,
$50, which carries costs
SUPERIOR CoURT-Special Term.-Be-
fore Judge sandford-Deliah Fitzgerald against Joseph
psarcs oNrs F says that her husband, Jesse Fltz-
gerald. died at Sacramento City, California that
Eefore be went from Newly York, he got MS lie In
sured for $500, leaving the policy with the deen-
oant. his attorney and sgent that said pohcy was
o the benefit of complainant and her three children,
II thar Mr. p refuses TO enable her to collect the
roce eds ard action is brought For defense II SAID
The nocv was effected for the purpose OF securing
10 Mr. p an indbedness OF 1927, and tina! Mr. p paid
the premium.
In the CouRT OF SESSIONS, on Wednes-
DAY, John, alias VIM. Davenport, VINO was srlea Ia a
few GAYS since, vas again placed at the par, tue
Inrv ,mpsLneed Oh his trsi trlal mol being abe 70
eo,,e the case is somewhat peculiar IN rs nature
On the ID of Jan, Davenport presented forgen
check for $6tV pufpofsng W NC sisnoo " ~ NJ
Robln,on a broker IN Broadway, al the North RIVER
Ganl The forgery was not detected, but, owing 70
mere 10, being funds in toe Bank to the credit Oh
Mr. Robinson, payment was deferred, ana Dd'sh-
Z orr called twice after~ard, or the same Gay, pc
ore he sol the check cashed. The Grand Jury, III
v,sx of,hese facts acquitted Davenport OF tue ior-
rx and indicted hun for constructive grand larceny
,uno, returning the money 10 the SANK, wash, VI
., siding the person who, as he said, mad sent MIN
,vj,h The cheek 20 the Bank. The whole day was
ropsumeo IN taking the evidence III the. case, anu
men given 10 the Jury verdict oil guilty was rem
ccItd Sentence, two years and SIX months W 'ne
state Prison.
SUPREME CouRT OF THE UNITED STATES,
-Wa.h,nrtoa Tuesday FEB II, 1852 Edward
y"lis $50 Of New Y0Tk, and Peieg w. Chandler
Esd. of Massachusetts, were admitted stior,e ~
and ceunseors Of this Court. Nos w ana 70
Joan Darlington ct al, Us. The Brancn OF !ae shA
~ the state of Alabama Error 10 the supreme
Count of the State OF Alabama 49, Mr.. Jus'ice VIC
can delivered the opinion OF the Court, afnrmns 'he