The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-17
Supe IiOr Court.


Arpu a. Charge Of Faise P,eenees H. kry.errs
William H. IhnJeck. John H. Io,Jeck, S. w. Rod.naa NJ
Prize end Louis Deit-.This action brought for
the recovery of balance due FOR goods alleged to have
been obtained by the defendant Deita under false pre-
fences. Messrs r - Cutting and J. II Storrs behalf
OF tho plaintiff showed that Mr. kcyscr was manufuc-
urcr Of stoves boilers &c, and That the 10th Of
April 1850 Louis Deitz representing himself to be the
agent Of "a wealthy and responsible banking firm in Wall
street who had employed him to make purchases Of goods
to the amount Of 100000 their account for shipment
to California said that he required assert Of stoves
hollow tin and other articles, 10 the amount
from 10 ten thousand dollars which, he said the
firm would pay for but that they did not at that time
wish their names 10 bc known in the transaction they
unwilling that other parties should know what they
engaged in lie then requested the plaintiff to make
ont list Of articles. with their prices Which done
and he said he would submit il Ia his principals The
plaintiff believing the representations Of Dez to he true
he having stat I'd that his principals Ward Price
of Wall street New York and that they wished him Ia
send the goods board Of the ship VIM IT, arbeck then
about To- sail for San francieco-accorlniy packed and
delivered on board merchandise iron and tin stoves
holers. &C.. in hundred and ninct y-seyen boxes
Thee goods were valued at eight thousand and fifty
dollars. Dciiz il j. alleged in order obtain the con
fdcucc a. the plainliH. paid him several sums in all
amounting 10 three thousand five hundred dollars. The
plaintiff received from the master Of the ship receipts
Tor the goods delivered. and he handed them to Dcitz
for Ward Price Tho defendant bette having neglect
ed 10 pay the baauce. the plaintiff called Ward
Price: hut they denied the debt and said that Dcitz
had not acted under any authority from them The
plaintiff also applied to the Mcr4 iarleck the owners
the vessel but they refused to return The goods The
vessel sailed for California with the merchandise The
damages are laidat $1,000 The defendants denied the
allegations rs to Tie goods being obtained under false
ncteuccs Verdict for the plaintiff subject 10 the opinion
If thc court. 5000 81. and the jury Of opinion
that Deitz obtained the goods III question ly false pre-
fences.
Before Hon Judge Paine
APHii IL. fiction iisi-- JfHoig n B,h s.j Mar
eore his riff Moses s. md Hfred Hnh-This wa an
action libel contained in OF ctv news In the
Sim ncwap,r in June 1851 charging The plaintiffs with
having while in state OF inoxication arusny neglected
and exposed their infant in consequences OF which its
death ensucd. The defence that the intelligence
was published AS an item Of news obtained from The Of
heial report Of the pohcc The article stated that the
plaintiffs wandering about the streets n state Of
inehricty that they came 10 the Fifth ward station
house and That the child only three weeks old
found dcsd AT the mothers breast while she still faureJ
1t wa receiving nouli mcnt onc ii the officers Of the
station house placed his hand on ito heed aud told her
II dead hut she persisted that it The
newspaper published those fscts with comments.
and dealt hard name. the p,riies whom they acc cd
OF unnatural conduct in dosgne,y and rickedy expos.
ing the child. Birch aud his wife who had but then
Gently arrived from ireland complained OF the
tons aud alleged that tho child having l,d
they out from ther residence in Anthony street
search az medical aid Counsel each side summed up
and the Judge proceeded to char,e
judge Paine in his charge the jury sad:--Onc branch
Of the defence set uby the answer i that the publica
ton III this case was privileged This ha- not been in
sisted upon hv the defendant counsel during tho trial
but ~ understand. has been abandoned. There i
ground for considering it priyiccei communication
The only defence for YOU 10 consider it, win. her the
Truth Of The facts stated in the publication has been
proved II you should hna that the truth Of all the
proved. the defendant, will be entitled 10 your verdict.
The Judge here read the article complained o. II you
Of opinion that the truth Of these dcanatory state
nents has not been proved you will find verdict for The
plaintiffs What damages you viii give the plaintiffs IL
you think the truth Of the la not sc.n proved il
matter entirely Tor you to determine. You will take into
consideration the matters which have been proved is
mitigation and you 10 decide how r these crcun,
stances shold diminish the amount Of damages II yott
should be Of opinion that they urni. estcnuation
for the publication You viii also er What ainarnt
of damages will be fair compensation for thc injury
the wc's character and feelings and the trouble ,nd
expense 10 which the publication has subjected her
Considering all these things, you will give such verdict
a. will do justice between the parties The jury retired
and IN about half nm hour brought ns verdict for the
plaintiffs, Of 5000