New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-12

Cer..oray for the purpose OF having me proceedings
Of the Police Com nis,iOnsrs revieTei-they having,
&c Is alleged discharged the rels:or from bis sus.i0n
a. policeman without serving notice Of charges bsing
preferred sgsnt him, as required BY the seventh geo.
ton Of the Police Law.
? Judge Roosevelt took the pspsr, rese-ving bis
eecieion.
COURT OF COMMON PLrAs-ssIoIAL TtKx-stPT H.
Before Judge iscs :. AN ,..e..
kGRAHAM, F. J.-The injunction moved for in tbs
case cannot be continued in favor OF creditor on
mere simple contract before Judgment.
10 Wiggns ags' armstrong, la, tne a. ..
law by Judgment he could not question toe dlsp oson
o. he debtors property and bad right 20 int rfe-e.
Unless be has certain claim upon the property Of the
debtor he has no concern with his frauds.
And in Reubn agt. JOEL Kernan, ISS the Court
ofAppeals have sustained the rule applicable
TO cases of similar character asiug since the sdop
ton of the Code of Procedure Judge johnson holding
that the provisions of the Code did no. authorize the
Injunction where the act complGrsd Of had been
summsted by the debtor aud Judge Seljen corcurring
ard 3ll, and disapprovpg Of Mott ags Dunn, 10 How
Pr r., 225 which held different doctrine.
feel constrained by these decisions % derry this
motion.
Before Judge DAILY.
Myers Stern sgt David Rowlsnd.-Jaigoent for
joseph Vsrons agt Joseph 7. Socaraz.-Juasmen:
S.mssl W. Judson sgt. Lsonara BrOvr.-Refened
toouRr OF eESE ERR. s sEssI9Ns-s'' -B'''
1nmedistely after the opening Of Court this morn;
S S:' hs:
nigh. Of the e August q the c25neT of Nassau and
ID cham valued at SIS The evidence sseia defendant
sn %. ss.s v dSs he ~.
sc s hd S9PPa 6 90 61s4 sas g4 at
-: ss s s@ %ss az vac; md
ebsn off, BIN 4 the corner Of
JeSn street arrested the bst where
r.. ..s.ss Of W.onI.p Of IN another direction
@Id Police. pursuing him found the stolen Sst:h s.s
sssa s s%Po
%sny favored the defense was IN sHsws
quite sssn Ps: SS the o w SSs he
ws chain Loyett said he had 6oHss hen At saon
dspssd q the grand larceny part of the charge! pronet
dcvnto P larceny il anything the Court ruling tha The
with the Ja1y Tie grade th anis
The yh al larceny Of y % ws s 81 s
evidence complainant himself from finding verdict toI
sccus.d psIteegs crminis, admitted of little doubt Tee
Ju after brief deSeIO1 refined verdict OF sGy o.
ssstsple ssfsued til Saturday.
John McAlpine, self-possesset, shrswd, genteei.
q 1eury This j. the Identical genius who tim: since
assass 'aa
cen: over country BY The British Government to obtain
ala bis ssosi n P H. yg Pys with sn Sq . ga
sso.soD be- Succeeded walking aacoa NJ
G of neghboring City Of 70 ne tune on Sno
%sdore Rssye dinsd ana xinO9 and ss,sr',h.S and
hs.ssm Of fIe.h affection variety fsimiar impo,iors
had space detail them associated VITA he fame sni
81 the British ooScInuens to ImeTs e paT:h..ss psi:
firearms for her Majesty. ,6y before en &
s1. h r.. .c D opsspT pot ss n giving
a 19 the rS% s By the SS
defined hi. crime to consist in melting .. '%qsns SnSthsI
lmed ct known to the so melting to have no
tailed BY Mr. Hall are that while board sesns Iannins
poI. this aide Of California The accused formed ths
70 swear tha while board tia, be had lost
% IN. wo%.n ss s the Ea
under ossh tina. .Se wa. r. oofs wife Of Andrew Moore
Ss., q % aoo of SPs Ss
hardly dentdsd when the testimony was tssn By the Fran
trunk and certainly not BY the acting An assign
proper, pretended 10 have been seTwed e1ecaedn
This city By Lieut. Reeves to Mr. Keensn who brought the
. ssi .a: s he sed perjury Va. committed
lad ss. JaSss g: Of the he. S. OF her rf
hnewleds and the amount of damages claimed oy the CON-
VIM aoS1:oa ..,SIosy and Of si.
hsa to the eseesOn Of Aforesaid assignment the wOman
deposition before the magistrate and prOdoeed these papers
against the Transit Camplny with the order OF
animation before Judge Brady Mr. Hall read these
evidence be laid before the Jury During the read
ns Mr. Phillips Of the counsel for the prisoner rose 70
reading evidence the Jury the ground Of variance
between them and the language Of the indictment; but the
court oveuled the objections and med the reading
continue the end Amer Mr. Il III had finished Mr.. Php
written esusny evidence the grouud Of variance, aud
reed authorities In support Of his position bat ain
ruled -, g.. -,
fh, of perjury the witness called for the
Me and the prosecution destined
srpsct<d and fatal obstacle.
No sooner had she been sworn, when Mr RICHARDSON
ether the counsel o the prisoner and asked the Court
10 the wDes that she not bound 10
which IN her Judgment tended crminate degrade
the seemed suddenly spoiled for fer
vh.h prosecution had called her. for she had already
swered taking the formal OATH that her Ellen Bo-
land se this impossible TO get answer iro her
10 answer and cried aud dropped her head upon her
6spdksrchef and cried again, still refusing 70 the
would tend 20 crminate degrade her 1t
vidsut the prosecution gone The counsel for the ps
onsr this sdvaniase calling up1n the Cont 10 ptoe
tbs v3tpessl refusal 20 and citing stringent and
,es more stringent authorities In support q .h- position Coz
dsrsbe discussion took psce the application Of these
s,thes When finally Court decided 70 sustain the wit
M her refusal she thought aoh ;eGded
- spv wsy 10 crimpate or degrade her,. .
hs omsp 6eins his principal witness he should &c under the
neessty Of sbsndonng the and consent 20 formal yer
Sirs n .eouitts the Jury The Dr Attorney uttered
~ osipon very dp y that THE witness hat been seie1
I'm vitAp twenty hours longer afo han yesterday
nornns bic ONCE and thsre gave M Hal Zee ana
s1viet this defendant and Of which statement :be District
Ateov "A red foil notes