The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-19
CENSUS OF THE distributions.
tho In tha mn M &p of uePS ana yema i0i a " 4,
Common Pleas-SPecial Term.
Before Hon. Judge DAILY.
ALLEGED MALFEAsAHoB TO THE AMOUNT OF FIVE
HUNDRED THOUSAND DOLLARs.

ALLEGED MALFEAsANoB TO THE AMOUNT OF FIVE
HUNDRED THOUSAND DOLLARs.
Rodmcn NJ Price Us. Edmund Scot, Squire p. Descey,
Erasmus Keyes and Theodore Payn-The plaintiff this
caAe l. kx Governor Of New Jersey ana brought
suit some time In the Supreme COURT 70 oolan In
IDENTITY for damages 70 the amour, Of $500 o which &c
alleges he has sustained by the acts Of Tie Defendants
The presep. motion 70 discharge from arrest writ
Of hahess corpus
The plaintiff Ia hs complaint alleges that he owned
large property real estate saa Francisco comprising
q number Of city los, from which he received between
600 81 oco rent por mouh that when he efl Usn
f,rpa In 1851, be appointed the defendant ksycs his
business agent, by written power OF attorney, which
contained power Of substitution that In 1852 Keyes
70 the Atlantic coast and informed tho p!an.in that
be bad e defendant Scott In charge OF the property and
desired power Of attorney TO be sent 70 him, which, after
hesitaion granted, for short period, without
vousy 70 Keyes return Il VIA agreed thss be should re-
chayge-the matter was fully talked override form
OF power Of attorney was fixed upon, and special in
structions the management Of the property
fiven, among which one distinctly iorbddng him TO
pert Win the property, except In small paroeh, NJ all;
sen Keyes Is, but mailed 70 him within
week sfser his DEPARTURE that within les Than week
,nur med ana beSeyes Consume nth he ohsr dersSd
ants 70 deffaud tho plaintiffs by obtaining conveyance
The san Nanciseo property from Boot, for the nominal
consideration Of el24 0o0 thereAbouts OF which
money tho plaintiff has received cent The
whole amount having, ~ 10 represented, been paid 10
by many resiaen Of San Hncsco tha this salo which
be hn raded the result OF fraudulent combiDs
OCT Of The sale Of na he pc ssr C GG
VI Tho time Of the sale, half million Of dollars ana
we're distinctive In char c,er a well q oc.ou rh.. thS
defendant, scoa admitted 5n rsaon:~ith
Ahuoes WEIGH who wM After ward offered consideration
suppress such cnvesAon that by selling properly
BY the lot the plaintiffs debts might All have been paid,
ard large surplus len. samuel wxd former palmer
acr CT davn 10 The value OF tho property and the ss
hereof the pascular OF ch gives ~ well as seye-
perry said for sl36 Geo. eas certain commissions paid 70
several Of the defendsn, though worth fails sos CO.,
and thoush The purchasers 10 SIR weeks real zed Sooo)
PROFITS A. ASS hover late merchant Of San Francisco in
b. sfdayi estimates the vAuo Of the property be.
500 $500 oco, and essentially corrOborsses
The statements Of the ether deponens 90 Goth Of
June the anrnies Of he pIInur obtained warrant Of
arrest from Judee Roosevelt ans tho defendant squire
Y Dewey, who v@ arrested and bell 70 bail In $4,000
On the 4h OF August Judge sve, granted warrant OF
arrest in $4,000 each against the oeendAn Sc,a aad
keyes, Scott Gresteo and committed Edrdse street
Jail Tor want OF bail On the 9th Of August Mr. Devhn
moved tho order 81 against coa on The
ground Of alleged defect In tho undertaking Viii ,h after
August Judge Brady, Of The Common Pleas granted
Ct hAbeas corpus, retdrnable Augas ID, The petitioner
sverriDg thai he .as hsla illegally.
The case Wa subsequently heard by Judge DAILY Who,
yes,e. osy, rendered the following dc IA admitted
that the affidavit upon which Justice Davies made The
der TO bold bail disclosed state Of ~ warranng the
ares, Ct tho ecfsndari but s claimed thss DE Juues
scieo without jeisdicou because tho undertaking
9utod 10 be given before the order mate dot IN the
form required by the Code " the isst section OF the
Code, the order may be made -bero II shall up
rear 70 The Judge b. Tho aadsyi, Of tue plain
M, OF any other porson that Q sufficient
cause or action ss and .Ss, the case is one OF those
men Toned in.1eth section when uah -adsvit IN PIE
senled 70 The Juese he acquires jurisdiction 70 order
arrest The undertaking for ne bepeat and security Of
the defendant n u detective In any respect she Revised
sta uss provide that u may be amended by the Court
upon The application Of the obhscn, and sha therefore
be deemed NAuo from the time Of ts execution n the
tpoeytAk IN this I'D moi comply 81 bsan ally with
We Ceocrhe defendani's remedy ~as 70 move the So
preme Cou 10 vaos;e the srder Of arrest uoess the
oerhfins vHs amended, ~ divided for in the Revisei
Statutes, or unless ne~ undertaking was given In Goa
formi'y with tie Code duplicate undertaking. coast
tutss grJuu for the discharge Of the defendant upon
haocas corpus Tne afhdavt upon which the order OF
arrest wa ioubeed shows that the defendant subject
Gresi That was oae Of Tie In whioh The arrest OF
oefendan 10 allowed by the Code, tho OF the
she M that he detained by virtue Of order directing
his arrest, made By Juose having Authority 10 grant
such an orcer and founded upon sufficient affidavit
conclusive answer 10 The application for bis dscAsrEe up
9 hAbeAs corpus