New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-10
10 That the act of Congress is adequate AID is not

10 That the act of Congress Is adequate AID is not
repugpsnt TO the treaty.
H. That the act Of Congress in this case must be
carried out and that Il with Congress 10 send
prisoners back, even irrespective of the treaty.
- The Commissioner under his authority as Com
missioner, sutho rized to act 10 this case.
IL The return properly shows ths, the defendant
was legally committed
IA. The copy of the information duly au,hepti-
Gated and the evidence taken before the Commissioner
wss legal evidence
Is The Commissoner being competent, and the evl.
dence legal does belong this Court 10 review
the case
Decided that there Is sufficient and In
law for holding the defendant The habeas corpus dis
charged and defendant remanded await the order Of
the Executive
In making the kdbsas corpus returnable In the Cir
cult Court Judge Belts cid we believe to afford an
opportunity should the council for defense decide,
to appeal to the Supreme Court of the u S. We be-
lieve there Ia an intention to that effect.
SUPREME COURT-Pefore Judge Ed
wsres.-In Chambers.-Ha6eds Corpe--A lad,
named John Allen, marine on board the L. s steam
ship Mssissppi, lying in the East River, brought
up On habeas corpus and his discharge from enlistment
demanded the ground of minority. Allen, it ap-
peared, enlisted short time since in Philadelphia aud
the present application made by w. Craft at the
instance of his mother. Testimony was given to show
him to be not yet quite 20 years Of age He dis
charged
MARINE CoURT-Before Judge Cowles.
-MichGd FHntgGa agt Cornelius DriscoH TO re-
cover $50 on contract for work and materials as
house being
$780, less $50 paid In defense II 10 said that plaintiff
surrendered the contract aud that defendant paid the
workmeD. On the part of plaintiff i. was contended
that the money paid account of brick work aud
erecting wall. Each patty called the other To the
stand. Defendant testified 70 the money paid being
account of the plasternR and that the contract had
been surrendeIed-plaDtif In his testimony, admitted
that the money paid had been account Of the plaster
ing. Judgment for defendant
Before Juse Lynch.
John y. Smith agt Francis J. Rodrf9ues- ,fsndsnt
somevhst aged man. went TO board nj the house Of
plaintiff Ia October last and continued thirty weeks
While there be sick for pordon of the period
The present action to recover S9jf1r board - per
week fuel for ten weeks so; and five weeks nursing
and attendance by wife and plaintiff, at - weex-in
oil Sl3S In defense IL said that pl ,intf bought
lot Of defendant at Yorkvie, tor 5000 giving oond
and mortgage and that the bond 10 be alo we'd in
the for interest also that def pdant mad been
greatly disturbed and annoyed during the tiGis he
boarded there, by the conduct o. plaintiff, for which
defendant sought damages, Ia eecr to the amount OF
500
The testimony showed that defendant some time ater
giving the deed of the lot to ptin made another
veysnce of the lot the wife OF plaintiff and both
were recorded, and it was conended that the latter
revoked the sale and bond and mortgage to plaintiff
II alss denied that the board be Offset for
| interest
The Court said 1t would throw the latter deed out of
consdera altogether and defenr6nt entitled to
be paid one years interest an his bond and m1rsige
As TO being disturbed by plaintiff in relation 10 any Diff
Guilty in the family, defendant could make cla Ia
respect to that be could have left II he salts
| nlfA rUlain oil. I'm
ind Offset $50 for interest the bond and mortgage
| judgment for psin,f, $40.
COURT OF GENERAL SESSIONS Fri
| d0y-James Winos, indeed for grand larceny,
tried snd found guilty Of petit larceny only. Sentence
| was suspended.
Frau kin Burne t. indicted for having In bis posses
sion number Of counterfeit Bank notes purpOrting ~
| pc On the Government Stock Bank OF Michigan, was
tried acquitted vi hOut the Jury leaving their Seas
Henry Wilson indicted for breaking into the shop of
| Joseph T. Sweet tried and convicted. The Court
sentenced him to the 5 ate Prison tor three years
i 4 ~.