New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-04

Judge Roosevelt 'sudpg)I see no other way.
Mr.. Busted asked for come instructions in regard
70 tie bne Of reurnent.
Judge Peabody said the best argument as to The
tile Of the eee would be brief reciling the statutes
bearing on the subject with the date Of their passage
Another question whether the fact that, IN the
ether case before Judge Peabody, the Corporation
was not a party-aud in this case they were-inade
any difference in the determination of the question;
in other words. whether this would interfere with the
action Of Judge Peabody
Again, it was question whether this bill was I'M
perfect or sufficient in emitting the name of Mr. Dew
lin, assuming that he was duly appointed. He re-
marked that Judge Peabody, who had been sitting
on the bench with him, would very soon give MS
opinion in writing.
Hr. Field said he did not design to argue the case
again but would do so if the Court thought 1t neces
sary. He had no apprehension, however, that 'ne
Court would entertain the case at all.
GENERAL TERM-Befofe lodges MITCHELL ROOSEVELT ana
PEABODY.
DECISIONS
Edward J. Spring agt. Benz. j. Bean ana - riice
Smith Order of Special Tenn affirmed nm p., .~.o.
lydia Smith &C., agt WIN. i. Mls-Bo'h part e5
consntng ordered that the appeal from the order at SPECIAL
Term allowing the Plaintiff demurrer 70 aelehdaH'
Lawrence DrumgOld agt John Drumgold; admins
traitor lcOrdered that the entry Of judgment under decision
% General Term Of the Supreme Court adjourned Friday
morning, until Monday, Aug 80 at IL a. IN.
SUPERIOR COURT-Is CHAMBERs-JULy 5.-Before Judge
BoswoRTH
DECISIONS
The Accessory Transit Company agt Cornelius NJ
commission issue famine the witnesses
in the copmis.on orally, and only those. -, Nil.
VIM. S. Stewart agt. John Lamb, ct al..MotIon
denied with $40 costs and leave TO renew ii Oh suceht
Joseph d. Beers agt. Samuel f. Lyon.-Motion to
refer raned If parties do not upon referees the Court
A. Spiers Brown ACT. Frederick X. Richardson and
David Wood-S e entitled to poundase may be
Clerk If the amount of fees Is coDtroverted. =, 80,
Robert A. Barnard, ct al, agt. John Butler, ct al
permitting him to bring action at ms peril on the Juds
Henry Traumann agt. Anthony Gess, ct al.-Judg-
nent set aside on payment of costs Of the June Term and sub
seqgsnt preceding and 81 cost Of GPPT;sns sS
Jane Augusta Bennett agt. Jacob r. LeRoy:-Mo-
Sidney T. Morse ct az agt John NJ. Knox, Execu.
tor &c.-Orde dismisng complaint set aside on payment OF
o cD tb motion If these eohdtion, are Complied WITH
the motion Is denied, with 81 costs.
Rufus Flint agt. Abraham Pretto and Rachel Pretto
Default set aside and restored to the calendar on pay
ment of defendants costs of the June tenn costs OF the action
subsequent to the default AM - costs OF opposing TINS MOTION
NoT1cr-The General Term Calender Of the Court
Pleas will be called sgain until Tuesday 7th
inst at ii am.
COURT OF SPECIAL sEssIoNS-JuLY 3-Before Justices
OSBORN and WOOD. -.
Charles Trew pleaded guilty to stealing on the LIST OF
July watch from August Schessner No 1871 Greene street
The accused shoemaker by trade The evidence sgan't
him conclusive He was convicted and sentenced TO the
jesse Conkiin pleaded guilty to charge Of en-
No. s5 RyiDeton street The defendant wa, sctins in the
capacity of asedver and such embezzed moneys belong
ing to his poyer Convicted and sentenced to the Peniten
James NJ Keen pleaded guilty to stealing, on the
gate value to SIS from Mary Rivers No 81 Baxter street
Found guilty aud sentenced to the Pententay for three
John johnson was arra ned for stealing, the 29th
Of June from Mrs Bina Raapnan No l92 Division street,
Thomas 1ichnOr was charged with stealing, on the
It q r Gf f. sa SSse ES ie aD ,en
fenced to the Penitentary for six months:
James Campbell was araigned for stealing, on the
1 q ?7 SnSs and
Louis Fisher pleaded guilty to assault and battery,
on the 24 of Js4e on Henry Boxer No " Lauren' street
William Murphy was araigned for assault and bat
& G1 s s STREET, Of o Witnesses MG
Richard Brady arragned for assault and battery on
the M Of july James Collins Of the Eshth District Munich
Herman Boxing was arraigned for assault and bat
terry Frank Leah teacher in one OF the city chDo
child Of Boxing For what was complained Of as
severity in chasng the child the accused proceeded 10 he
schoooom and committed the alleged assault upon Leathe
Boxing pleaded guilty the charge in the complaint and Jus
ce Osborn addressed Wholesome language TO the defend
the of such unjusfabe interference with the
discipline Of the scheoroom lie spoke OF his attack
upon the teacher in such and for such as an
oense be overlooked either by the Trustees OF we'll
regulated school or by the Court in acting udcia upon such
brought before It, Justice Osborn spoke OF the in
tees the Trustees had manfsted in this case and that they
had taken this prosecution into their hands Too much
money expended upon the educ sona system Of
sth city have its efficient operation embarrassed the option
of the caprice Of parent moving under the impulse OF some
magnsy grievance inflicted pupil OF the school, But
in considering the sentence in this the Court at the special
request Of the complainant after convcng the defendant de-
eided for the present to suspend sentence.
Bridget Kelly and Patrick Gafney were charged
with assault and battery the 18th of June Elizabeth
Pus No. 50 Worth street The evidence that the
cused beat and kicked the complainant hamefuy Nor was
Justice Osborn expressed his disposition 70 punish any man
with special punishment who should be convicted OF assaung
and thereby inmated to Gney what might be
tcpated in bis individual The defendants were both
found guilty and the sent to the Penentay for
two and the Gafney for four months.
William Laney, John AlbertsOn aud james Moore,
ssgned for stealing brass boxes from the Neptune Iron
Works, were remanded -
Dennis Kelly, arraigned for stealing, on the ID of
July wooden bowl of the value of 20 cents from Lewis Gr
fng II Dey street. discharged witness appearing
Peter Collins arraigned for stealing on The 9th
of June porte monna.e, containing 49, and hair bracelet
vsueda s2,om Henry Turner, No q BeekmSn street. Put
to next Tuesday.
John Hughes, arragned for stealing, on the 9th of
june pair Of CATERS valued at Is cents Gom Francis Nc
earthly No. 45 Grand street. discharged no witnesses
pearing.
James joyce, fourteen years Of age, was charged
with stealing the SOh of June wedges Of the
of So from Philip Jackson No. 1O Hsmmersley street Re-
msnded till Tuesday.
Patrick Farrell arraigned for stealing on the ls of
july basket Of valued from Richard H. Went
Nor Ioh street diarha