The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-07
First District Court.
Before Judge Green

First District Court.
Before Judge Green
AUGUST s-Landio,d and Tenant MONTGOMERY u.s. NeW-
ton-This is summary proceeding to recover pos
session Of land under the Revised Statutes The land
lord set forth in his complaint that the first day
OF April last he let to Mr. Newton the tenant house
and lot the Tenth for year from the first
terry the usual quarter days that one quarters
rent amounting to $780, became due the first day of
August instant, and that the same due and I'M
paid, and that pay ment had been demanded of the
said tenant since the same became due that the sad
tenant held and continued in possession of said pre-
misss without the consent of his landlord The tenant
in his merely denied that there any rent due
without controyertipg letting and the demand Of pay
ment OF the rent as set forth in the complaint and de-
mandcd trial by jury. The Judge decided that the
tenant was not entitled TO jury trial inasmuch as hc
bad not denied any OF the facts set forth in the
lan but simply denied the conclusions Of law by say
ing there was no rent due That was question OF law
Tor the Court decide upon and not to be tiled by jury
Revised Statutes page COZ section sd It Is. there
fore ordered That warrant be issued to put the land
lord in possession Of The premises.
Police Intelligence.
n dishonest Porte.-Ou THURSDAY afternoon the police
Of the Third ward aIresed Patrick Mccarthy porter
at the Clifford House Park place charged with stealing
three trunks containing quantity OF wearing apparel
and jewelry, valued $500. the property OF Mr..
Porter Sherman hardware merchant of No $50 Broad
way II appears by the affidavit Of Mr. Sherman before
Justice Bogart that the 9th of July last he the
three trunks in question by carman named Lawrence,
bic delivered at the College Hotel Of Murray and
Church streets but The cartman by mistake delivered
the same at the Clifford House, in Park place. where
they under the charge Of the porter MCCARTHY On
the Sd Of this month Mrs Sherman returning to town
went to the College Hotel in scar CHI of her trunks but
was informed that no trunks bearing that de-
scription were ever brought to the hotel Mr. Sher-
man, on learning this fact, sent immediately for
the carman Lawrence, and learned from him that in
stead of taking the trunks to the College Hotel.
be had, by mistake, conveyed them to the Clifford
House, in Park place Mr. S. forthwith proceeded the
latter place-taw MCCARTHY who informed him that The
trunks had been left there but that the third instant
gentleman caIlod on him and said his name Crit
fin, of Mr. Sbprul alyad at fha
and said he was sent by Mr. for them and would send
po,ter to take them away that afrernoon ann wrote
tbe following on card which Mccarthy exhibited TO Mr.
So shail send a porter Tor the trunks this after
noon p c. Mccarthy told this story with so much
anparspt honesty hat Nj sherman believed Il and az
cordpcy caused an advertisement to be inserted in one
Of the informing papers Offering reward for the porter
no conye we'd The three trunks from the hotelpyinc
dc, cription of the trunks On Thursday man named
Moses H. Bean EMPLOYED at the American Hotel JERSEY
CIV called on Mr. and informed him Tint three trunk
bearing The description had bscn left at that hotel
MIR went To Jersey CITY and there sure enouch found
the identical trunks hat before going over be procured
one OF the Third ward poiccmen and stronoe enourh
while tbev were ut ,he hotel y norter nrelnted The
following note 10 The clerk ri the bar directed
To the Clerk of the american, Jersey City
New YoRx August 9Th
Sir-Please give The bearer one of my three trunks
which left last night shall be with you this after
noon. r. MCCORMICK James street NJ "
J.. s-Thc larger OF the two russet
Tie note was shown to Mr. Sherman and the following
plan adopted to catch the thief Accordingly the
trunk handed to the porter named John Neal Who
conveyed Ii to this city placed it on the sidewalk in
front q, tie Northtn HOTEL corner Of Cortlandt and
West scets ann then went into the hotel apparently
looking icr The r.,snn who hsd sent him In a short
tune Mr. g. ana the officer who kept concealed frcu,
SIGHT Mccarthy. the Clifford uou.e porter make his
a Ic:usle fir nsut IN 10 the trunk when Neal came
u nd s,>ilc 90 hun ard the two together took hold
0 ti~ ,sGta. aud were in the act of carrying It
wh,n the 6..ccr came IN and took them both into
tody other ,we trunks were broup hit from jersey
~ sd tic mi, oure and prop ry were conveyed to
~ nuitc Court before Justice Ioeart The Affidavit
Nr Sherman was trktn ,n,hracins the above naned
cis and the iuaristi ate committed Mccarthy 10 prison
trial Ncal lbr otter was not detained in custody
Tie priopsr when an ted became very much alarmed
knoultce,d 10 Mir Sbtrman his puilt and said that
Peer Mccormick was to have half OF The stolen pro.
pry.
CLe5ge If E,tlne a F,aad--.1 Curious .3far Yes.
rtIday cfccr Il ehster of III. fifth VsId Police mr..
~ pentcel I,olng Young woman named Elizabeth
Ecti hun charged w't stealing three six dresses valued
1T SIa enc ,qor6 shawl! one lace hat one black satin
yct enc goG u.hc and various other articles valued
in al at s5 the properly CT Emma Stafford residing at
No 10 Greenwich street The facts forth in ani.
days before the Police Count are as follows 1t seems
that the complainant and the accused occupied the
same m together ut the dwelling house No 10 Green
wch street and last Saturday night the accused invited
Mas Stafford 10 Witt Castle Garden The invitation
was accented and they both went but had not
been seated long before the accused made an exeuse
to leave. saying She would return again very soon
However She did return until after the lapse Of an
hour After the performance was over on returning to
their room il was i covered that some pcrson had en-
The room during their absence and robbed IL Of the
above mentioned wearing apparel belonging TO Miss STAFF
ford only and carried it away None Of the clothing
to the accused was touched This fact rather
rreo the complainant: and inquiry was made in the
house who was seen 10 70 up stairs on the night in
question when II was ascertspcd from Elizabeth Burke
thot Mrs. Dockhan was seen 10 30 up to the room with
basket, return with it. and leave the house 1t is
now supposed and charged by the complainant that
the accused entered the room while she was seated
=. ."sse %alueh apI carried on tue property IN
tuss'i'n ;; US Do.hbali. on VIC accu',ion. was
eon'e!.u DeiGie ouce posnIe "iiU ue'asnel per IN
pio s 20 aNat lurtner nearlDg ms Nrs. pocKnam
@ " w .ne Mhe u SohIi pochsuni WHO snors Ihle
since was convicted in the Court OF SESSIONS FOR violent
hu "a. cour. MN 70 pay me " SAoo' anu ~
.au c.iihiiteu un pau ne y SIN ~ PRISON anu -
- 80 - mms aope mercy ~ ad ,shnt,
e.o,, r,soo M. yy,o,P .,r III, ~ f.,i,or ;.,t;.
81 ~ tho - o1;s,xa.a go ~ ~ ~ ~ e
n RI PaJJs.,,;., ~ sr, = n, r,rr.dav oeto-roo, a
man PANIED Peter Kelly waa oryas,od Inv ths noce on
charge of violently asarltinr German lad named John
Rode residing at No 100 Norfolk street and taking from
-.