New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-08

that late the LIST Of July The accused denied lis
having been paid and refused TO settle with him for the
balance and the complaint further states that the balance
retsinsd BY Combes is sufficient TO pay interest Of
"A per cent per annum on the amount loaned BY him.
from the time Ii was loaned until the time Combes re-
ceivsd the amount Of the instsIment Usury being
deemed nisdemeanor BY law, and punishable by ane
imprisonment justice Stuart Issued warrant for the
arrest Of the accused and placed 1t In the hands Of
Oncss bigger and Dsvie of the Jefferson Market Police
Court, who arrested him He was taken before the
Magistrate and held for examination.
CHARGE OF RoBBERY.-Two females
named Mary Brady and Mary Jane McQusde, occupants
Of den Of infamy in Walnutst were yesterday arrest
ed by Omcers Gesry and Wldsy, of the Seventeenth
Wsrd, charged with robbing Robert w. Anderton, of
No. lsa Esssau-st, Brooklyn, of wallet containing
$500 In bank notes. The complainant IL appears, visit
cd the kouse for the purpose of seeing the woman
NcQusds, and on going In as he alleges he gave his
pocketbook for ssckeeping until he left Mary Brady
but demanding is told TO leave the house
and get ii the best way he could. The accused were
committed to prison by Justice Wood for examination.
L. s. DIsTRIeT CoURT.-Before Judge
Judson.-D eci ion Chandler IngasOH ,gt ii. bark
C1bs9o-To recover $500 the price agrsed to be paid
for two bosts less the after being refused they
sold for already referred TO- The defense was that the
boats were badly made, &c. The testimony on this
point was contradictory The Court considers the fact
of the master having been the boat yard almost every
other day while they building, and his ordering
the last boat to be sent down, in favor Of proof that
they had been properly built Decree for libellant,
reference 10 ascertain damage
SUPERIOR CoURT.-Before Judge Sand
ford Hannah Brophy, AdnIinistrGriz Of John Brophy
deceased, sgt. Kip & Brova.-To recover under the
law Of ls47 (Which permits the Of kin sue In the
event of party being killed by the negligence Of
other damages for the death Of John Brophy husband
Of plaintiff who over by omnibus Of Kipp &
Brown, Ia Canslst, in November last, and 90 much
injured that he died, 1t said, in three days. This
case wa. commenced. To be continued this forenoon
LIBEL CAsE.-MarShaU Barber, By his
guardian agt GREELEY & Naturalization for alleged
libel In Police paragraph, stating that plaintiff had been
arrested and committed for examination on suspicion Of
having stolen two bsnkbooks, deposited in box and
lying on the counter from the store of Christian
Reecithaupt containing S29Sthat he had entered the
Nore for vial of bergaxot, and while the clerk
getting cork for the bottle /. supposed that the
cused stole the bank books, they missing nme
distely after he left &c
plea of justification put in by defense far
to warrant the publication, he having been arrested
with the exception that but pocketbook, containing
$685. was missing instead Of two and that the Of
the owner was Philip A. Brethsupt 1t is also stated
that the article inserted without the knowledge Of
Messrs g. g. NICE and against their instructions that
nothing which could involve them In libel should be
published. 1t is also ALLEGED that the article was
store (Which was a who esae store in Beaver-st with
letter from Philadelphia ordering oil of bergsmot
about sl9O WORTH and asked for sample The clerk
filed vial of the article, and went into small place
adjoining, he alleged to get cork, and returned and
gave 1t TO plaintiff who then standing inside of the
rail There weretwo pocket books with some bankbooks
contained in small bank-boz lying the counter
About 10 or 10 minutes after plaintiff had left dis
covered that one of the books containing sl95 In
ey and $500 In promissory notes gone. Hal seen
Il there about two hours before and took it out to pay
freight bill and do recoec any other person having
been the store except another CLERK in another
who could not seo be from the room 10 which
plaintiff Had not been out of the store. After
search for 1t he loss of the pocketbook discovered
by the other clerk, who also gave testimony caused
plaintiff to be arrested [The complaint dismissed
by the Police Magistrate.
Mr. Blunt In opening for the defense, contended that
publishing fact which at the Police office Is
privileged publications lead oftenmes to the de-
tscten Of criminals and it only this forenoon, said
Mr. B. that the publication of the of person who
had been going round getting money under pretense
Of assisting fireman. brought ten or twelve persons to
the Police Office to recognize whether 1t the person
who had In that way obtained money from them.
Mr. Morris for plaintiff, contenied that 1t case
demanding exemplary damages, &c.
The Court In Its charge said the article libel
that paper, agreeably to decision Of this Court In
sorting complaint at the Police Office although there
may be sxcusabs cause in the person making it) is
liable to be called upon to prove its truth In order to
justify In this case, the Jury bound to require
strong evidence in justification, as they would in order
to convict the Sessions the plsiatif of grand lar
ceny II the truth of the complaint has not been made
out plaintiff is entitled damages in remuneration, and
the Jury will also give such damages will operate
an example
The Jury after being out short time returned into
Court with verdict for plaintiff OF s2j and costs The
Court said he ought to have mentioned to the Jury that
In order 10 carry costs the verdict be high
$50 ess than that the will be the
dsmage-so that they wish TO give costs the verdict
must be $50 Mr.. Bloomfield, for Messrs g. & Nee.
objected to the Jury going out again. but the Court
allowed it In short time they returned a verdict for
plaintiff Of $50.
Court OF COMMON PLEAs.--Before
Judge Ingrshsm- The Pe,pls agt Wa. anderson and
Norman MGrsh-To recover penalty for alleged breach
ofrecoenzanee being what is termed an abandonment
case Complaint was made about year ago at the
Police Office by Mrs. CsihArino Anderson, charging
that her husband the said William had abandoned her.
and refused to support hera warrant was issued and
Mr. required to find sureies for his good behavior
&c, for two years. Mr. NJ became his surety. The
present action s on the bond It ged that few
days s,er giving the bond A. again deserted and refus
ed to support her.
The parties were young, married the year before
h,,shsnd s.id Ia ucns 70