The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-15
Superior CA,uSEs
Before Hon. Judge Hoffman.


MAY l4.-J Phts7ips Phesis The gsssmissionas Z,
Emigration Henry ronctlin, and the N&yor, Adermen
de- Of Neo Yor This 6 motion fox an injunction
resrsinirg the defendants from approriatog the public
grounds known the Battery and Castle Garden for
the purpose of emignnt depot The complaint states
that March 49, l7s the people of the State OF New
York owners Of this property. and ar act was
passed by the Legislature vesng the title to the
in the Mayor, Aldermen and Commonaty o. the city of
New York Tor the purpose of erecting thereon public
buildings or for.Acatoos, and condition thass-shey
should not sell dispose Of any part Of the same
part thereof included bstween Whitehall and State
streets was reserved icr this grant, upon which govern
msnt erected, and bsequsntly sole to
the city, who conveyed the to John Hone June p
1915. BY ansct of the Leglsture passed April 49, 1855
the Commissioners of Emigration authorized de.
ssnate place in thscity for the landing Of emil
grant passengers and in pursuance thereof they have
d,sspsted this property The plant further alleges
that the statistics Of emigration show that emieran pas
summer months, when not unfrequently up wards
OF 5000 landed In day. that the project of the
Commssi ssionsrs Of Emigration is to be carried out,
various piers, in distance of three four
miles mp and down the North and East rivers,
viii Re concentrated at the Battery and Castle Gar
teD That they frequently affected with losthsome
and contss ous diseases which, after examination
at the Quarantine, will frequently break out subse
therefore dangerous keep Them In Castle Garden
its vicinity or to collect them at laning place.
sequence, be gene rated in the First ward, which has
nov 80 eco inhabitants The natural passage Of such
emigrants upon landing 1t s alleged, wculd be
the Battery up Broadway, to the great inconven
Of persons ding business passing to aud fro In
that soprious thoroushtsse; they would also be in
with TIE baggage and oth7r effects and in consequence
those persons who have besn accustomed TO resort
there for health recreation would be deprived Of their
ordinary recreation The injury to private houses
.oole aleo be very great and, in fact would make
them upt+r antable, as the warm south southwes
winds prpynilirI during th@ months In which these
people land, would blow into the windaws pestentia
ard disagrssable doors in of which the
people living in such houses threaten to leave them
and tie property would thereby be much deprecated in
value.
cause Monday next why it should not be made per-
petuai.
PART SECOND.
Before Hon. Judge Campbell
MAY IA Francis Osgood against Cornelius Vander
ttn.-Tn the above cause, which has occupied this
branch of the court week, application
made this morning by Mr. H. F. Clara to postpone the
trial consequence OF the death Of Mr. G. Simonson
relative of Conmot ore Vanderbilt The application was
granted and the cause postponed until Tuesday mora
ing at 10 O'Clock at which time the Jury aud witnesses
were notified TO be in attendance
THE GREATEST MAN IN NEW YORK.
John Williams and others against John NJ Goeler and
". Atcon This action brought by the plaintiffs
against the defendant Goeer to the amount of
the following prommtssry note:-
$a al25 Is 100. New York, April g. 1854
Six month after promise pay to the order Of
self at the Berchants Exohsnge Bank, three thou
sand one hundred and twenty dSss value re-
Endorsed, JOHN M. GoELLER.
II appeared that tt above was delivered to the
defendant, John Alcott who endorsed the and
passed II to the plaintiffs
The PLAINTIFF counsel Mr.. A. Dickinson read the note
in evidence to the jury and rested his case when Mr.
W. c. Hornfsper, counsel for the defendant Goeller
called q witness Lewis Deitz, to prove usurious
transaction, connected with the controversy Upon the
crossexsmpation OF the witness Detz, by Mr. Judah,
behalf OF the plaintiffs spicy answers elicit.
ed from the witness especially when he asked II he
bad not resided in Sing Sing It's neighberhood within
few years past The witness declined to that
question: and told the counsel that he Mr. Judah 'was
i'm pertinent jew" And further that he, witness,
should not him any moro questions, as he had
seen one OF the jurors passing piece of paper WITH
something written upon It, to TIE defendant Acott at
the table End he (the witness) knew what coming
The juror rising said that when the Clerk announced
he the lie D.itz who had been formerly in the
State prsen; and hence the inquiry he made of the gen
ieman al the table, who entire stranger to him
The witness with considerable warmth insisted that
he the witness) "was the greatest man in New York
and writing look to be shortly published which
would be the greatest book written upon earth.
Judge OAKLEY Knows and the Superior Court knows
I'm stranger 10 the Superior Court. About three
years ago, In suit before Judge 0asey Mr. Cutting
Oakley told bim 10 thut UP his mouth. tell the
jury who AMI sn Iewis Delta +" The witness then
left the room in high dudgeon The counsel having
summed up the Court charged the Jury who rendered
vercct for the plaintiffs for the OF So 266 43, be-
ing the full amount OF the note with interest.