The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-13
Superior Court.
RIucr pApn

Before Chief Justice Oakley
OCTOBER IL -4!G Ferguson and another Us. Ed
nluad Jones The plaintiffs builders aud con-
tractors and brought this action, for $3tl 90, for
work and labor done in pursuance of contract, ut
the defendants hotel at Claremont, Manhattan
vile in the latter part of last year The defence
work in pursuance Of the contract, and therefore
were not entitled to recover The jury, under the
charge Of the Court, brought in verdict for plain
tiffs, for 1919.
Action for Assault aud Battery, and False arrest.
Charles Smith Us. w Adriance and s. q
Sherman. The defendants in this case keep book
store az Aston House, and the plaintiff had been in
the habit purchasing periodicals from them, when
dispute arose about small balance Of account,
and the defendants refused to allow him to take
away parcel Of pamphlets, for which he rendered
i've dollar bill in payment, and in part payment Of
the old balance On his persisting in taking the
captain at the station house refused to receive the
charge. Damages are laid at $500.
Samuel Cavapagh police officer, examined by Mr.
Schermerhorn, deposed that he WAS called on BY
tho defendants, on 18th November, 1851, to arrest
Mr.. Chss Smith, l went over to their store, and
Mr. Smith was pointed out to me as the person whom
they wished me to arrest took him to the
Second ward station-house in Beekman street;
Smith said he never knew n person to be arrested
for debt, and explained that no Owed defendants
something for books and had paid part of IL; said
l thought had no jurisdiction ; Mr.. Adriance said
he would make the charge, and we then went to
the station house; Mr.. Adriance made statemsnt;
MIR. Smith also made statement, and the assistant
captain refused to receive tho complaint. and dis
charged the prisoner; the charge was that Smith
came into his store, and took some books away
which Mr.. Adriance did not wish him to take; the
captain said it was civil business, With which he
had nothing to do lWitness's affidavit pro 1uced ]
can't remember what was eaid; it was about hall.
past four o'clock; the defendants kept book store;
Mr. Adriancc accompanied us all the way.
Cross exa mined by Mr.. Burrell - ar. Smith
had a small bundle; Mr.. AdriaDce said be OBJ
jected to his taking away the books; Smith
said he had bought the books, aud pointed
to the bundle, saying, ''this is my property;
Adrianco said, 81 have not delivered the books
Smith said be had paid for them il was before that
that Adrience said, stake this man ia charge;
stayed in the store five or six minutes.
Alfred Chancelor assistant captain Of police, de.
posed that he was on duty whom Mr. Smith was ar
Tetted; said as no criminal offence had been CON-
mittsd, had no power to dotan him. The amount
in dispute $3.50 or 81 40.
Mr.. Cavanagh was recalled, and to additional
questions by the court and counsel, said that Mr..
Adriance present in the store all the time; do
not recognise Mr. Sherman don't think put
hend on Mr. Smith told him he was under arrest;
i was not necessary to lay hand on bin he said
Mr. Adrisnce. one Of the defendants, was called
by the plaintiffs counsel. and deposed-Mr. Smith
commenced trading with US about two months
before 18th November, in pamphlets ana mag.
may have been in the second month that
| imported them for him Smith called
in the afternoon for a number Of fashion plates;
the numbers we're behind the counter; was in the
store at the time; received no money from Mr.
Smith: I said nothing about debt; went and got
an officer, at the corner Of Ann street. and Broad
way, and told the officer TO take charge of him; Mr..
Smith had obtained the books from Mr.. sherman
in the morning. while was on an GRAND; when
returned, ] found him going out, and told him he
could rot leave until he bsd paid for the IN; don't
doubt that had touched his person; Sherman did
not order me to get an oficers We had no open nc
count wi h Mr. Snith
Cross. aiuin ned He took the books away against
the wishes Of myself and Mr.. Sherman; Nc. Smith
tried to get out; die not shove him violently, but
maj have touched MIN.
Mr. sherman, tho othor defendant, gave similsr
testimopv and stated that when Smith tsndered him
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