New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-08
COURT OF COMMON PLEAs-sPEcrAL TERN-Before
Judge WOODRUFF



George A. Scherpf sst. Edward L. szadecnSy
This was an action 10 recover damages Tor en-
tcing away plaintiffs wife, aud OBTAINING aud hsroorns
her, in which the Jury gave verdict 100 Pii''''" ~
ihe case il viii be recolectsl, tried some months
.ce; plaintiff aud defendant bad been partners pantH
40, 10 Euroue on boarding IN his house
we believe AZ the time, he had dons previously
plaintiff ceue back be found his wife engaged keeping
loading house in BROOKLYN defendant boarding with hr
nd, 1t said, made the agreement LOT me NOV - ,
wife declined again 70 live with him. ana TINS ae'o"
Motion Is made by defendants counsel on exceptions
t.Isn Tor new trial ON tareo grounds-ls That in an
.eon OF the Kind tho plant prove actual mar
rage I'd That the Judge erred IN excluding the aeseu
wie when offered BY defendant witness 70 prove th-
size was not fact the wife OF plaintiff ID lhat the uah
- Ing ON deciding the motion, gave opino1 At
considerable length as the tint O6ectoni II u admitted
he aid that the general rule IN this state IS TO marriage -
that eyd nee of cohabtaon reputat on acknowledgements
by the parties holding OF themseyesout 70 me W0'u IS
fbana and wife sufficient proof OF the fAet oil mar
rage IL is answered tina, this rule Is sueeet to eScep
tons viz that indictment for bgnny the alleged hrst
msrrsze must be established by proof OF actua a1tnI
and 20 upon actions for cn. con. The supreme IA
CLAYTON AIT WaIdell, Barb. Supreme Court hep. ~
held tbet upon issue rs 10 the Legitimacy OF emo ,
ing less than evidence of prior actual marriage OF tIe
father should be permitted 10 establish ne es'y 81 ,1
second IL 10 proper, the judge coisGcte, 10 seni
proceeding that the highest evidence should be repaired
but in claim for peeunaTy damage, &c me rue - nue.
,nt do not deem il necessary for the purposes OF
hi, case TO question the correctness vi the supreme court
Ii i, sd ia reply that the impues crime the Court
does IL; the ground OF TIE exception mus 10
/ that the action itself Is penal -. - q. ;,
recorded 70 lar as te Cont nAs oSS y nd ~
has Jeen ever since followed. In BIT azalnst Dii""
Douglass H. Lord Mansfield considered mat GRIM GOO
mixture Of penal prosecution, and IS the ouy ''A NS
where Il is necessary prove actual marriage.
~ might JudeeW W. remarked "ausse-t ~ mi
ofsnt,p1es lie inposiuhty Of furnishing PROOF o. eo
manage at period in winch migration y 80 Pi ,h
rhsr,cfersfc of the age especially ia SfAte "noI' IN
@ st;ys The valid " OF mIfnage resting on Con-
1sct betweep the parties unattended win any io' S
'eri. or rnp'ties aud where regstdioh IA any o'
s, wa, $1,000 which 10 nav mid forbid tie extension OF
lie s reoirng such proof - new cases tna am ~ ~
nesns uchntd 10 extend 1t IN i4v9f o. Hns W.
tarily nvades his neighbours household 70 saao "a
edged wife from her allegiance and pJ scn LnI ~
deliver him fisn his liability 20 make u's h"7''H '"'
mint the Court considered i not wei
taken under the rule tis Tie csnno. % ~ Isia do.s
- 60 ,lcre TIE husband Is Interested. IL Pis,I. -
n Gee "Lv ,ispe by acknowledgement or osher Sc
hi, case fails II the Court odnl'ed w cnt nd moi
testify Soo =, h. man aud wife aud the case sh1ud D.
dis,ri.ed Where the competency OF ts .snnss,en,
- - goct ia issne. the wines ~ never eVlPeecu
upon tle Heiy Tiss Or eases 2s3 and Wateieds ese
- "a ave sad 10 sanction examination OF ." "a -,
ir dire 10 prove validity Of tGe nai,as. ,y1en
- ons.tion Of marriage IS the very w ~
tne IT, Hs on lie tIial correct IN this iesPsSs
is ,tsd Ont "a TO the amount OF damages os.ss
c,ssve tie judge considered that 10 vsT no think
the parties 49, eh yerdic, ought to be syea pa ~,
oTiop was foundec upon doubt Nm not that il
az al suy =, 80. af damage Is greatly e1lsssrstsd az
evidence Of he deead4 quit IL, y woy s,Ve been ss
Hl. 'h1 r. ri. respect the Court ealnIe y. :.
! $3.50 eIiseUce, nor Is this eLAline" "
/ sel- he Iudxe remarked, that the de-
g., !. ,T,,lty tue sao"s eH.usn y. $3.50 20 -
encsni nv tue defendant. and enough OF sansr-
me he he part the ata . render AZ In s
Cou 70 sst 20 estimate in dolars the Just compen.
,aa 10 paiDf for she Oa. Of "lis WIN T,I no n.a
49, ~ osny years in the enjoyment " al tns Psce,
rgorr .nd happiness Of Harmonious ani3n ta,t s.a
case IN which verdict sao1f BE- disturbed
a. ,S5nd FRAT such compensation has been oyeE-es
! mated" ..... l.. 1an5s1 18Th .o~,x
| LolIszn ast Rus Reed.
To recover dansses for injury frosn sss on rock al
-esdy referred To- Verdict for plaintiff, sl,I'
COURT OF GENERAL sEsSIONs-JAx. 7.
Before Judge BEsEE AID Aldermen BAzz and BaIsLEY.
Robert Burns, recently convicted OF assault
and battery on Owen Lee m officer Of the Sixth Ward 70.
ice was this morning sentenced the City Prison tor %
| days -
frzIk Wilson, convicted Of grand larceny ~ss sentences
| 70 The state Prison FOR yesfs sad usontt4s