New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-03

capped ard is found in New-York. Mr. B. referred to
deciicns az ~ chs.tel property. a. TO waicn
MT Jay inquired II sucn decisions referred 70
case Of this lind.
Mr. b. referred to decisions As to slaves. ana also
decision In this case where man hi'isg sne ac-
cent of an IYishman was neld % De an ulenman
Mr.. B. said, that HAVING sh1 Fn possession oi rfss'
ton, that he was 10 our employ, Ia our sei'lce ao
yesrs doing and OWING service ~hica was our due,
have shown enough 10 eh,tle US 70 the possesslon
Of the person whom We claim as iasluve IRON
AZ 10 a bill Of sale, Mr. stated tina, they DO no.
rely upop that and Dl 81 sale has been offered IN
testimony. He commended that the complaint should
The Commissioner saio be would reserve the de-
cisiop Of the case till TO morrow. Mr. Jay wished
90 say lew words in reply 20 the remarks % W oe
cisions of Mr.. B.
At the close of Mr. Busteed's remarks the Com
missioner observed that he would adjourn unti 10
morrow morning at 10 O'Clock, when ne would PROP
ably give . decision.
Mr.. jar asked II he could be heard IN reply 70
Mr. Busted at the opensg Of the Court
The Commissioner SAID ne would rather near mr.
N. jar said he desired to consult the cases men,
The Commissioner thought he would not IKE 70
hear arRument tomorrow. he would near M. 'sy
va ss,y .ss "a. ID to by Mr.
Busteed ssd to anime and answer the ar
1umsnss offered Among the authorities advanced 70
Gisbsms Courts had ruled that man Of color or q
NEGRO Wa from that color, presumed TO b slave,
In which cas- the burden OF proof Wa uPo1 ~ -
ssys' ssd must prove the contrary il be would De
hse. Bat under the Act Of Congress oy aa.aCy ~
which the plaintiff Proossos ..I mali S 70 rseusr
1riai that q, 10 IL to Do sent back 70 hs alleged
owner upon the OK pafte evidence Of clam pro.
lsssd By said owner OF hi' agents ~ cppcseo 20
80 practice In Alanba 1t Is established that every
nan white or black. going =! large IN This STATE Oh
New York, II prssumed 10 befrss ~,
Mr. Jay adverted briefly 10 The points raised by Mr..
Busted, but the discussion vas not important.
Al 81 O'Clock the Commissioner adjourned the
Hearing until 10 O'Clock ttis morning, when (prosa'
Bly, decision will be given.
u. s. DIsrnICT CoURT-Before Judge
Judson.-The case Of Mesns. OSullivan and Lewis,
ct a., % 70 alleged Cuban Expedition was con.
Sinuec Mr. Van Guren occupied the attention OF
She Count I'LL O'Clock, in the CLOSE Of summing up
On TssssembIns, after recess Mr.. Hail. District
Attorney, commenced summing up IN conclusion OF
che case. The construction OF the law, MI h said,
ths Jury are 70 take from the Cont From the
decisions, heretofore, Q party comes within sne
statute II the Arst step II taken toward military
IT. II. spoke of the attempt upon Cuba; in the
CaYdsnas and Pampero peditIons and said Messrs.
O'Sullivan, Lewis and Schleisingey have been con-
1scted 1t 10 believed, with the whole OF them since
1049, and II not stopped by Jury, Will follow up
1hoss expeditt0ns and drag this country into var
Mr.. H. inquired If there was any other object out
% make Gen. Lopez Commander in. Chief. Capt.
Lewis Admiral OF the Red. and MI OSullivan
Ambassador TO the United States aRd the expaHated
Hupsartans, probably, to al their pockets with the
plunder Of the people OF Cuba
Mr. n. said 10 would admit that II Cuba could DO
annexed BY consent OF all the powers OF Europe,
and Nil the States OF this Unios would be of great
advantage not only to Cuba, but to tho commerce OF
ahis country.
Tbs country, Mr.. II. said. was the Arst ever to
pass act to punish offenders for equ,pping exped'
hens 10 disturb the peace Of other countries and
Great Britain soon afterwavd adopted similar law.
Mr.. Hall addressed the Jury In conclusion Of his
argument for several hours. He contended that the
parties amenable under the law and IL 10 for the
Jury 10 decide whether laws shan be carried out
or not Mr.. H. made powerful and impressive
Il being then about ~ O'Clock, the Court said it
would adjourn till day The Jurors were DESTROYS
Of receiving the charge, butt Judge said a. 1t vas
= matter Of importance he would prefer having q
little tine himself to examine g. Tho Jury was then
discharged till loi O'Clock this forenoon.
Mr. Cunins then prsseased. on behalf OF Capt.
points on which he wished the Court to charge, such
~ II there had been an intention OF ultimate
military expedition, unless commsaced, in all ih
elements hero, the indictment could net be sus-
tsined that persons have = night to remsve to the
neighboshood Of acounuy, awaiting events In that
country thata vague statute should be literally
construed, and several ether points. The Court
Mr.. Hoffman, In reply. said the rule should be,
HAT the Jury believed the parties here began an
czpsdition which, when completed and fully organ.
3sed, would have been a military expedition, they
are gully. The Court then adjourned
MARINs CoURT.-Judge Cowles. No |
eAAsi Dagis w. Iaao c. Kendall This was an action
brought BY plaintiff to recover OF defendant for FILL
ing In lots In Brooklyn. Plaintiff claimed that he |
allied In lots with defendanrs knowledge under the |
employ Of Hughes GsJrabrant, AZ agents or con. |
oraessrs Of the defendant that defendant promised
10 pay him after werk done, and that defendant
had the oeneft Of plaintiff . work The defense set
mp was that defendant had contracted to sell said
lots TO- Hughes Gauabrant, who we've In possession,
and employ cd the defendant their own responsi-
bility als0, that & G. were net agents and that
\ promise to paw M any) after work was done,
YES within the statute OF fauds also, that H. q
q. we're contractors, defendant not liable to
Tor defendant.