The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-28


sens In that object he had failed but his Church re-
CURED $500 for REPAIRS &C. and understanding that New
York consned number OF chaIitaby disposed persons
s4co in this city 500 having been raised for that pur
pose in Albany.
collection was then entered into a large amount sub.
scribed, and the meeting separated.
Supreme COurt-Cfrcult.
Before Hon. Judge Mitchell
ACTION FOR MALICIOUS PROSECUTION.
MARCH 25.-Chares H. Carpenter rs. John DeForet
This was action for malicious prosecution. Mr.. H.
plains that in October 1stshe defendant caused him
to be arrested charge obaiDing goods under false
preence that he held in custody in the city prison
until the 25th of JaDuary following that the defen liant
appeared before the Grand Jury and there
indictment me against IN him and the Ea brought
subsequently made repeated applications TO get Mr. DE
Forrest 10 proceed with the trial but he refused and on
the fifth of April 1851 the District Attorney entered
25G00
For the defence Messrs. II. F. Clark and Rappalo,
appear and admit the prosecution of Carpenter for which
they contend there just and probable and that
De Forrest was not instgaed BY malice It is also con
prosecution has been determined, and that there
fore, the plaintiff acquitted Of the charge
appears that Mr. Carpenter went to the store of Mr.
DeForres Broadway and applied for furniture credit
to the amount of he stated that he had judgments
3 COO which were not yet collected and that that was
the reason he required time to pay for the furniture He
referred to Mr. Mech. and Mr.. Mech confirmed the
discovered that Mr. Carpenter had disposed Of the furn
ure that his referee Mr. Meech had got part of it, and
that the judgments of which plaintf spoke had been
assigned to him. and still in litigation. Mr. De For
rest then took some Of the furniture from the house in
Sn,s street and another R0, I'll Of it from Mr.
the goods by false preences On behalf Of Mr. Carpenter
it contended that he had given Mr. De Forrest note
at four months date for the furniture and that the de-
PENDANT not entitled to the amount until its matu
rty which had not arrived at the time Of the alleged
Ralph Patterson, examined by Mr. Clinton, deposed
that he police officer and arrested the plaintiff Mr.
1argenser some Two years ago. on the compliant Of Mr
where Carpenter to be found arrested Carpenter in
Eighth street; and brought him to the Police Office in
Centre street Mr. De Forrest not there then but he
was present at several Of the preliminary examinations
before the magistrate.
Carpenters arrest it issued by Justice Lothrop
don't know what has become of the warrant under
Inc charge TO De against 1os obtaining
furniture store in Broadway thnk it was Mr. Stuart
handed me the warrant and he told that he wanted
me TO get that man went to Brooklyn, where Mr. DE
Forests book keeper told Carpenter had said he lived
did not find him there i then went to the house in
Ninth street. where the furniture had sent did
find him there did not any about the house
you hr. Clark) Mr. Stuart and Mr. De Forrest after
words told me that was secreted in house in
Eighth street took out another officer with me who
remained outside the house lady came to the door;
asked fer Mr. Carpenter, and che said he out that
in pretty loud tone of voice, convinced Mr. Car
Penter In that front room and You don't open the
the man in whose house he was secreted opened the
door and out recognized CARPENTER and arrested
in the morning. had been there about hour and half
delivered him to Justice Osborn who committed him
for examination in the usual way; took subpenas to
Mr. DeForrest and Mrs. Elliot, who examined under
oath saw some very handsome furniture in the house
in Eighth street.
Mr.. Clinton admitted that some of the furniture was
there all of it except what Carpenter had sold to Mrs
Mech and one or two articles in the BILL which plaintiff
Witness Lro,r moth inc NJ r.. ,on+er oxoon@
about the Kidd salvage never him in jail be-
fore don't know anything about his general reputation
and Andros who had been in the State prison. wit
nesses against him. thought then that he had been
connected ted with gang 81 aftsrwas
better opinion of him had not communicated TO Car
penter that warrant was out against him, because
Re.examined-Mr DeForrest was present when was
told would find Carpenter in Eighth street; said 10
Carpenter when he of the ROOM Charley this
is pretty business, keeping out Of my way he made
no resistance; he walked beside me.
Charles Sweeney, counsellor at law, deposed-He
knows the plaintiff and defendant bnew Mr. John j. d.
Rowan, who was formerly salesman in Mr.. DeForrcsts
Mr. Clinton produced the bill Of the furniture and the
receipt of payment by note and asked the witness II
in Mr.. Rowan's handwriting.
Mr. Clark admitted the bill and receipt to be in the
handwriting of Mr. DeForrcss salesman, who is since
dead.
Witness continued-was counsel for Maria Elliott who
resided at $40 Ninth street sued Mr. DeForrest for
moving from her house furniture which the de-
scription Of that in the bill proc uced.
M Clinton, with view to prove want Of probable
show by this Witness that Mr.. DeForrest was notified
that he would be rendered payment Of the note when it
became due.
q What comm had you with Mr. DcForrest or
any his behalf in respect to the note during the
time Mr.. Carpenter was in prison had converse
ton with Mr. Clark (he counsel OF which Mr. DeForrest
present stated TO them that Mr. Carpenter had
told me that he meant TO pay that note when it became
due, and added that believed he Carpener) did in
tend to pay IL can't say that Carpenter in prison
at the time but il undoubtedly before the note fell
due; the conversation about the note in incidcn
tally Mr. DeForrest and slr Clark called at my Office in
relation to the suit Of Mrs. Elliott, and asked If IL
could not be settled said would rather settle it. be-
cause thought Mrs Elliott and Mr. DeForrest were nno
cent If any one else was to blame said did not wish
TO punish Mr. Deforrest and that All Mrs Elliott wanted
10 w. Unidentified for the act Of Mr. DeForrest Mr.
Clark said that there circumstances about the
whole that looked like combination between Mrs
Elliott and Carpenter TO defaud Mr.. DeForrest said
could have epevned the property held Mr. Deforres
10 bail further sad that Carpenter had told that
he meant to take that note up when IT became due
and that wa. perfectly satisfied that he would do so
and 20 show that acting in good faith per
fectly satisfied TO let the matter stand in stau q0 until
The note became due II Carpenter paid the note that
to be paid by eForest and Carpenter did not pay
the note then TO go with the suit for iIr III
lott this the agree nont entered into between Mr.
Cs k nd me in Mr. DeForrests pre- sence this converse
ton was about the time that the Mrs Eiotts
complaint had been served on me and that the reply be
due; did compromise the suit; the value Of the
furniture was claimed TO be 1894 and another lot s
that is $32s don't remember the amount Nr DeForrest
paid TO settle IT, but II than 1858 can't reco
lect II IL was as much as 1000
Mr. Clark-A il pretty wise TO pay to get out OF
lawsuit daughter You claimed good sum, believer
wness--I claimed $4,000 Mr.. DeForrest said he
satisfied Mrs Elliott had been imposed upon with regard
TO the furniture and that he (Delorrest had been i'm
posed upon ALSO he also said he was satisfied that Mrs
Elliott had acted bona fde in the matter first Mrs
Elliott about the 10th september, and the suit
menccd about the 18th September
Cross examined by Mr.. Clark had never heard OF
Mrs. Elliott before she called upon With regard to
this suit Mrs Elliott claimed that she had purcha sed
the furniture from Chas Carpenter and paid for IL,
and that Mr. lie Forrest had come to her house and taken