New-York daily tribune., 1857-10-26

by the Counsel. Tie po+nt isvoiVcd wS, thai tee
Gratd Jury could not initiate ndictnens for selling
Equor on the Ssbbah independent Of a preliminary
examination before q n sgis.rs.e.
Mr. J. Il. Philips also made q motion to the sane
effect in behalf Of Mr.. Mooney. The latter gentleman
il rot nember of the Liquor Dealers' Association.
Mr. Philips also declined mskiug formal argument
20 the Court; but submitted the motion on its intrinsic
merits
Mir Sedgwick, in b,hsf of tie People replied brief
" TO the remarks OF he preceding Counsel aud said
10 substance thai in the absence Of the Dis:rctAttor
rev. M Hall had instructed him TO state that were ne
M Hall present on this occasion, he would pursus.
tssetay the same line Of argument he had s'ed
10 bis Hotor on the same question a. previous time
With these remarks Mr. Sedgewick submitted the
queron.
The Recorder, in rendering his decision, ob'erved
that he continued firm 10 the opinion that the Grand
Jury had no tight 10 td bill in eases ike those BOW
before him. until the question had been submitted to
Magistrate They were cases of mere mi'deneanor,
ard the statute guaranteed the right o. previous exam
ina ion to parties in such expressly. This was
substantial right and not mere form or shadow, as
had been sometimes contended. Parties brought be-
fore the Court Of General Sessions upon Indictment
were necessarily subjected to expense from which
they had a right TO be exem,t If compatible with The
public interests, and upon preliminary examination
of the charge preferred against them before commit
ting Magistrate which they could contest with CON.
parative economy theft exemption might very posi-
blY be determined. Tne Recorder observed that these
bill. had been fond in contraveniou of his express
directions to the Grand Jury, ard he thereupon or
dereG that ard all Of them be qusshed.
Tie COAT then adjourned for the Term.
SUPERIOR CoURT-GryERAL TsiM-ocr. 2A-Betor'
ull bench.
DECISIONS.
HCIkins agt Adams. Order affirmed with costs.
A. s. Brown sgt. Richardson Order affirmed with
SPECIAL rEEN-ocr 2i-Before Judge BoswosrH.
White ast The Mayer, &c., OF New Y iork.-Motion
denied.
BROOKLYN CITY CoURr-ocr. 2i-Beore Judge
Culver.
WIN. Msokey sgt. Atchey Fitch.
This was motion TO vacate an order of arrest, on
the ground that the complaint did not state facts sufficient 70
cid rot conform the The complaint states that in
Ms5h last Pana wa, the OwIe, ne, Of pTo%oy mote ioI
by him sen broker TO haye the same discounted al the
5sy or the dsy after or to deliver the note to him that he
failed T. have the note discounted on that DAY and did not
him $40 and stated that he would pay him the balance the
dy day that he failed and neglected to do so but
all the allegations In the comPsio kept the de-
livery Of the note 70 the defendant aud AYERS was gwen
tS., he did sell it, for s25d, which he handed
Upon plain, and sdsyits order of arrest OBJ
tanned before Judge Culver The motion is opposed the
sound that late If the aud complaint do
appearance The having gwen bail it is too so to
the order Of Il not necessary thst the com.
psnt ,houd 20 authorize the arrest aud if
was sy complaint does state these ctS and for
tilted by ady:s Tie decision reserved until Thursday
John F. Troy for lsntia A J. Spooner for defendant
HEAVY DAMAGES.
Ferdinand Meier sgt the Cit of Brooklyn.
This act brought TO recover damages
sustained by plaintiff who thrown out OF his wagoa IN
Flushing syehue near the Navy Hospital Brooklyn in June
and which had alleged been negsenty suffered ny
d. PENDANTS 70 remain In dangerous condition for long time
gettrg worse bs constant The hole patty under
nche, deep and two feet long between two rm stones aud
occas0ntd probably by stone being thrown ont
and the cavity mad. U by Meier the pantih
coming from Wilsmsburgh dusk in wagon a.
ard seeing the hole thrown on aud both
wheels o lis passed his legs and as the hind wheel
the hole empty hogshesd thrown out
upon him, juns his spine so that he has become partay
The plaintiff claimed $4,000 The made by the city
The City Railroad had right by their charter
put ard maintain their rails in the street aud they mad
gytn bond, to the C Of Brooklyn 10 +%o penalty con tS
streets viii h they had the rails in good order sud repair be
their rails AID three feet each SIDE thereof The deen
dsnt Therefore claimed the roroad AMI not the city
liable. 3D. That any negligence carelesness on the part Of
plaintiff, which contributed III the least to the accident ,nd
injury deprived him all right Of action against The
decided the fret point sgst the deendsnts and eit the
question Of negligence % the Jury -
lto Court this rnins with sealed gercict to Psi9f
81 go For plaintiff S. D. Lewis for defendants Hadden
81 II. Hssrer.
COURT OF SPECIAL SESsIONS-Oct "a Before Justice.
OSBORN aud FLANDREAU.
james MCGOWAN was caught Ia the act oi steanog
book with 2O of gold and silver coin from Harriet
Hownd Of No i9 Hester street. and was sent to tue fen
tentisry for six months. ~ M,