New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-03
:, mr Rid.-way and his previou. VII.

res-. however that Mr. RidFay and his previous wife
rere separated by divorce the wife being tue prose
cutting party All 'inE the 1'o'ce ion, ~ a. 49,,
m STATE a. relates 10 the defendant or party ~
The oiLer be prohibited RON marrying a-Ah uui"-
tie l iiAe Of Tie planiii' hs tngn 49, III Usb,I
I.on rnaried twice before hi- last 1T hrS we .!
HON he had two children died. Tie hai oae emo -
10, second wife At the time eli b. deah ms secohl
We believe was living also chI!ren Mrs Sarah ben
rett and Mrs Rowland and grandson tAir Geotse
iagWay from ssid fret marriages, who declared 'ua'
thew were sole heirs-st-l1w OF NJ. Rldgway. ana Gu
ti,d 10 he whole estate and coneain ny that the ast
marriage bv reason OF the prohibition n ihe decree
dy,,, a.. Illegal void ard that the last wife ana
her q ht chGrtn had night title % any part tn5
se IT. order 10 ess the rsstter an action for dover
as entered being IN the form OF SUI; % electmen'
au;pst or OF the tenants. In ordr TO prevent mutt
ciiy of similar suits Receiver OF the ents AMI Proh'
- 49, estate w.s appointed VINO has collected ald depos
lied II proceeds. 10 the 1resent PERIOD IN the mann, 81
one Of the Trust Companies Inc SUR IS tFei II Ills
1T sor. ~ or sX wears ago aud verdict taAep pro
.-,rs We beye aCcins; the present MS kd~sy the
l. a and the question OF law rs 10 ths Nal'y vi
- los, marriage atterwa brought up and argued De-
core full bench who decided that the Iast g. u
- 81 Mated fact, was void. Mrs. Ridgway GA be-
,f OF herself and he- children then TOOK the Sae up
an preaI To the Court Of Appeals, which ahrmed tne ue
csn Of this court 10 the my adty OF 'ne ias' na'
- inns declaring in OBJECT that toe two chidres ana
tie e.andchLd of the fret two marriages were SOLO NOUS
al lew. AZ, coo-,o p;Iy
nav ana Ms Bennett, and Mrs. Rowland msde MOTION
for an oder of the Court for distribution oil me esta
emory sale three the sole heirs agreeaoy 70 l1e
son instead Of among the whole eleven ~nv
Nj Carpept,r on behalf OF the present Mrs hia-"ay,
ID that the matter be for the present p"spoheu' ne
himself was unwel and he had been unable 10 sec sr'
o Conor mo was one of the counsel IN the case r'
La aid tho DELAY could be Of no service. Ss the decision
on the principal Of the na and II was time max
the matter should be brought to close Il was u".,y
postponed for few days Mr. ana MS, hdswa IF hs
pearI.st Church. They highly spoken OF aS OeTa
ard Jealous in afordng aid TO religious ana chsrtaoe
ELECTS and many persons, we believe WIZ p me
with her and her children in the apparent oSht Oh e
once fair hopes r,o,
b, Ce,7r,Nip The matter Of John Duay Elizabeth Dafy
lke parties were brought up on application OF tner
counsel Dir. A. Nash, and their re~ase rom lprl.on
ueut or AZ least the release of Mrs. Duffy, luesed
They were each arrested charge OF having purchased
and received from five or six boys named quan'y %
old iron. consisting Of nuts OF screws cold chssas sha
other articles of the value OF 500 the property Oh lhe
Harlan Railroad Company. knowing them 10 have been
stolen and ordered each be held to bail in $500 winch
they were unable to give and are detained IN the Cy
Prison. .
Dir. Nash contended that the bail was unreasonabiy
high and that Mrs Duty could not be held at any rate
BE being married woman aud there Oelng no PROOF ou
that sho acted If az all under the direction OF nT nus
band: there was also doubt Mr. y said that the said
old iron purchased at one time, but 81 seVera
times and unless the wife purchased them in the absence
Of heI husband and knosng them to have been stoeh
she could be hello that she has Two ttIe chllreh
j. detained during this severe heat in prison ami tha
|. " 4 humanity
Mr.. Shepard, in opposition, said that the comm''me
has distinct charge against each that the matter has been
passed upon far 10 commit them anu heid them 10
BAIL by the Police magistrate who has competent Jdrs
dcton ana the latter fact being shown this Court cannot
interfere ,..
Mr. Nash said that, although appearing to be distinct
OH the commitment IL doubt intended To charge
Joint oerse H. couended thar this Court had right to
90 behind the commitment ana inquire into the facts ana
cited V6rious authorities particularly decision OF Judge
Eimcnds and one OF Judge Bets IN the Kane case 10
fiecf
Judge oakley thought he had no right to interfere, but
he would permit Mr. Nash present the case before hin
SET Judge o. and Judge Daer at General ierm whch
ef,erward opened and the matter brought up Judge
Duer said that habea corpus JudgeOt this Court only
acted Commissioner, and the matter could NOT be
brought up before the General Term lie wonld nov"
ever hear the argument the being still before judge
Oakley. Mr Nash for, and Mr. Shepard opposed To the
notion presented their points. Judge Duer houghttrom
the this Court could only inquire a. 10 whether the
magistrate had jurisdiction. Judge Oakley
said al tie Police magistrate having jurisdiction of the
case this Court could not interfere 1t would be sub
ccted IL rGined such to be all the time trying
them. Tie habeas corpus was dismissed.
T. : COMMISSIONERS oFsICE-Before Comm BEipounL
CHtRGE MURDER Ar SEA.
A lad H. years of age named Dauel Burke. arrested
few day. since a charge of the above was brought up
Yesterday tor examination The compliant was msie 3y
NI- larry Jane Edwards, widow OF Capt james Edwards,
late of the schooner Wasp o. this port who ataied III her
affidavit TIA the night Of the 18th June lat while the
vessel was on the high seas bound To Baracoa West
Indies her husband was thrown overheard, she had rel
believe by three of the crew, which consisted OF
four ptrsou and drowned that her INFORMATION was de-
riy ed from letter written by party at Baracoa 10 Mr.
f. imartn of this city the charcrer OF said vessel and
owner Of the cargo. The letter stated thar after the
schooner arrived Bar6cOa suspicious were strong agans
the crow that they had thrown the Captain overheard
She also stated that the Captain Of the schooner Elliptic
which had arrived from BaracOa told her that on the Gr
val Of the Wasp Bsracoa two of the Of the YES
were found counting dOuboons the deck of the yes
SCI and that the cook of the Wasp told the Captain ~ the
Elliptic that he had heard violent scuie deck about
the time the Captain sad TO have jumped overheard
On this AFFIDAVIT waTrant issued and Burke. tho
only one thscrCw that has returned to New FORK, was
arrested.
Burke appears to be an intelligent well educated lad
Tie account be gives Of the matter is that the night in
question the captain was asleep On deck and had been
so for nearly three hours when he suddenly awOke and
rose up, uttered some ncoherent words which Burke
being the ether side OF the vessel did not understand
then walked hurredy toward the railing, (which WAS
low and jumped into the water; that the schooner was
Immediately stopped and the boat lowered but trace
Of the captain could be found They then proceeded
their voyage, and their arrival ct BaracOa delivered
The vessel aud cargo The cOnsgnee who took possession
Of the captain chest which found thirty d0ubloons
that no suspicion OF murder entertained by the
ihoros there did the vessel present any suspicious
appearance the whole OF the captains property being
found untouched
The Commissioner did not consider the evidence suif
cent to sustain the complaint and the accused was dis
charged.
MARINE COURT-Beforc Judge MCCARTHY.
James Taylor the City Of New YORK..
By the Keeper OF the City Hall $500 balance
OF bill for refreshments furnished is alleged by order
Of the Special Committee OF the Common Council ap-
pointed Ia make arrangements for the celebration Of