New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-01

~,Ser az the Court. Parsons q Noyce lVi "a" AtHsi
n.,ediot & Boardman for defendant
pNIpED STATES COMMISSIONERS oFFlcE-Aphl 90
VIZ ALLEGED SLAYER ACKNOWLEDGEMENTS
POSTPONED.
The examination of the captain and crew of the
.cbconer Merchant, seized as SLAYER, was 10 have
fsk,n Mace this morning at 10 O'Clock. The District
Attorney objected 70 going on "a the was before
III, Grand jury The Messrs. Black
a Douohue demanded that the Commissioner either
proceed or discharge their clients. After several ap
elcations and delays the captain and mate OF tne
H/rchant John Jones and james Mills, were brought
mn late in the afternoon but after little preliminary
discussion the hearing was adjourned TIL FRIDAY al
- m. c.- 49,,
Ds (upha who are charged with fitting out the Mer-
chant was act down for Tuesday next, May >, at ~
o'clock a. M -,
the Merchant were issued three atiidagits OF one
Eugene McGrath who was found secreted on board
McCrath makes affidavit that John Jones, James
Mills James Francis John Peters, Christopher Alex
ander, Martin Frank, John Roberts John Brown and
Frank Antonio residing in the United States volun-
tarily served the schooner Merchant, vessel en-
ployed or made of in the transportation or carry
ing Of slaves from foreign country or place 10 some
other place 10 deponent unknown and that they were
engaged as the crew of the schooner al the TIME sie
was seized the high seas, when proceeding oh hei
voyage on the I'D inst. .1-<c w..
That Vicente BeIrO, GenarO tdTd'dto'
Gro and Caspar NJ da Cunha did on the 80 OF Aprl,
1857 within the jurisdiction OF the United STATES ior
themselves or Others, as masters, factors vi
build, ft, equip, &c the schooner ne,Gma"r ~ sa,
from ths port for the purpose oil procuring negroes
opIetoes or persons Of color TO be held sod or 9TH
erwise disposed Of as slaves.
Sin another affidavit of the same person charges
one Jose Santos with aiding and aoetting the parties
above named, who are in custody. .
There has not yet been any claim put IN TOT 'he Mer-
chant. which is still in custody at the Navy Yard.
KINGS COUNTY CIRCUIT COURT-APRiL g. - Before
Judge Birdseye and Jury.
A HAS-TRAP THE OPERATIONS OF The NEW LAW OF
EVIDENCE.
John Hsnly agt the Mayor Alderman and ComOnsy Of the
City Of New York. ,
This was action in which the new law OF evidence
was f carried practical effect in this court The plaintiff
sssa hs and ccpcty detailed by himself caed in pur-
upon Sunday afternoon III June last he aud some friends
were walking down Barrow street in New-York, when the
earth opened swallowed him mp" orvey nearly swsowed
be found himself at the bottom Of an old well sndn
escaped he very much bruised and cut and disabled
from following his occupation that Of house painting re was
ose In the nghbohood thence conveyed 10 the Station
house and thence home in hack II discovered that the
Of the was in this wise; The well beneath
the sidewalk ago closed by placing two lsts
The joce had rotted and upon the day
in question the plaintiff having stepped upon the 81 PER
had pecpaed to the bottom distance OF some thirty
plaintiff was fully coroboratcd by that Of Mr. William Kee
bo had accompanied him the OCCASION and the counsel
rested the declining call further evidence which would
be only accumulative. 81,
MI Wso1sSD fE the Cooperation argued he they should
ton of the sidewalk and its dangerous state but evidence
was called for the defense Counsel for plaintiff, Allen j.
Spoone esq replied length that the Corporation was
clearly Liable, only compensate the plaintiff who was
seeking redress for wrongs doing public good for
the pecunaIy loss Of earnings and the clothes spoiled in
his fall but the Jury thought that the negligence was
rross defendant would be- liable for exemplary damages
Judge Brdseye In charging the Jury remarked that case
before him. nstanceO the bench
ca fleets ohe working Statute which the
best all about 70 witnesses anu De
examined by both parties had been done here His Honor
lucid 10 review the facts and the law as
applicable municipal corporations The plaintiff was clearly
the compensation for his loss Of time the loss OF his
and the pain and suffering he had undergone and they
thought negligence in the mode in which the
well originally covered in failing 70 repair it, in view OF
the Of the sidewalk for which intended
the plaintiff would BE- entitled TO exemplary damages.
The retired and after short absence returned verdict
for the plaintiff Damages $3.50
For plaintiff Alden Spooner with MessIs b. j. Besrns and
Johnston and for the defendants Wicoxson from the
Corporation Counses office.
COURT CALENDAR-TB,s Day.