The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-26
Saapre me COurt-sPeclsl Term.
Before Hon. Judge Cierie.

WHO Is JUDGE AN ORDER FOB ARREST MADE BY
JUICE DAVIES VACATED.
FEB 25-Laac Prebe ads. Chas. C. Duncan.-rhe ap-
pesnt In this arrested action at the suit
Of the respondents in pursuance Of an order signed BY
Henry Davies Esq Preble, in his a iAvt states that
at the time the order granted he was master OF and
part owner the ship AdranA and he denes tae indie
ednees for which he WAS arrested
ExJrdge Besb moved 10 vacate the order for arrest
tie ground that tie alleged indebtedness was not
contracted in dducsry sp.ciy and tbs: the order Of
raise, only it had raised against HIM.
Judge erke remarked tina, he bound to treat the
Term bad eseded that NJ Davies was NOT enaslsa to
the seat the order for arrest void tor
could cit to fill one vacancy, one hundred could nt II
would be advisable for parties not to 60 before eithsr
Judge Peabody Judge Davies until the question va.
finally settled them An order was then entered
Hatxas C0pus-Mr. ORourke moved, the petition Of
Tobias OCopnor sr the discharge of bis sou, John
oConDor sgsd sbont sixteen years. Who Il dea'oes IN
there by his elder brother about two years during
the absenoe OF his ther for not attending - ais school
sgsins. the viii Of his f.thsr The motion give the
boy up TO his parent was granted BY the Judge.
Before Hon. Judge Daves.
MARRIAGE UNDER COERCION DECLARED NULL AND
FEB. 25-Wm Kindrrgon BY his Merit Friend against
Mary Kindrgon The object Of thi. acsisn pnci.
psuy 10 declare the msrrsge between tn parties null
and vcid for he that the consent Of the plaintiff
thereto obtained BY force aud fraud aud also TO
cure divorce on the ground the adultery Of the
PENDANT thar in August last the plaintiff then
and minor, arrested on warrant for the 20
ducticn of defendant under promise Of marriage ISSUED
by police Justice Connolly. Upon being brought bsfocs
the justice, whsle without counsel ignorant Of his
legal rights he INTERCEPTED II alleged, harshy
ard peremptorily and told that there pretty
against hi and that he the justice would not be
in his bos for the best coach In New York The justice
ADDED that the charge against the plaintiff Of State
prison cence and rendered him liable to an impson-
men net less than five years The juztic, then fixed
his bail ct 90 0C0, in default Of which he WAS com.
mitted to jail. In . day or two he vas again
brought into the police Office, before ths same
justice. where he found the defendant and the JUS
the police ece after the plaintiff had refused
mary the defendant, finally married him to her,
Their vent through the farce Of ny Of marriage
Neither d the parties sp to each other during after
the ceremony and the plaintiff upon bsing discharged
from custody let the police Office alone ed
by the defendant and there has BEEN subsequent
hsbtaticn between the parties The heard
fore Charles Stuart Esq referee who held ths there
was any of the plaintiff in the alleged siage
1t involuntary one exlorted from him. and there
fore not such the Law contemplated IN orcer
mske The contract binding between the pa -tes, HI
thought that force had been used in procuring the
rage according to The true Of the sta
(R. s. VOL II part tit t. art. g 1917 and for thi
he decided that the marriage should be anuued
The evidence the second point also held 10 be suf
fcient 10 authorize decree for the dssou l N Of tn
brought before Justice Davies at Special Term, fo
confirmation, who ordered Judgment TO be entered
commended by the referee declaring the marriage b
tween the plaintiff and defendant celebrated by and be
fore the police magistrate, in August, 1885, null ant
void.