New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-24

took occupation O hin plsntif neann Of
ms II be (meanne PLAINTIFF had been Catholic
confesor there telling the amount Of his
The dread of the gale which be (nesnng Pan told
awaited him. threw him tplsintf meanineJ into
aSS ne to e 10 m s no
70 abandon him" iplan,iG peaning).
Thereby meaning and desiring it to be understood
by the world that the said plaintiff was irregious
and immoral man; that he he'd been guilty Of acts Of
moral tuIpitude and had actually committed the
crimes alleged by the defendants in their said libel to
have been committed by the said plaintiff.
The plaintiff AYERS special damage in various ways.
The defendants held to bail in the sum of $4,000.
In the n after of the Webster Insurance Company
Prayer Of petition granted
DECIsIOSs-BEFoRE HOFFMAN, J.
The New Yok and Harlem Railway Company sg Jusus Earl
and Alexander Rye
Application for trial. Mr.. Sanford for PLAZA
tif. Mr. Dyttt for defendants.
The plaintiffs have not brought tbemseve. within the cases
p @ qe With ss sence n the
is The proposed wtnes- had been suoPenaed though 10
had been Tor years the employ of the New Haven
Railroad Company and en- nns office TO mat whcn
Tie proposed evidence also purely cumulative Evidence
the chief point H. The case VIZ the snG"ed &c ~
reced CHE people sgt The Superior Court o. New YORK
omit therefore to question Of form Of proceed
ing should have BEEN made The motion is de-
Order deny ing motion with $40 costs.
The HeIem Railroad Company agt Kyle and Earl
-Judg for the
William L. Dodge Arson q. Phelps, receivers, &c. agt
James Lambert aud David Gardner -
Application to make al Injunction perpetual. Mr..
Letting for plaintiffs Nj Sutherland for defendants.
HOFFMAN, JBy the original lease the essees covenaed
A consent to an assiguuent was also made necessary
Consent given TOT such assignment to the present a
plaintiff by which they given the privilege Of con-
vens the premises into reeshment garden after the plan
of CoIads NblO bat said Lambert and Gardner expressly
lscs Of or rfe.hmept on he Sabbath ys
shn
drinking saloon tPlng place SO called under penalty OF
forfeiture Of the shall public bar be kept at any
time said premises or any part thereof
The violation Of this stipulation y the garden open
The plainly within the authorities giving the eaecua
remedy Of MUM, ton to enforce the an Lease
TIE plaintiffs settled that for Themselves and the defendants
s.S51a. to sn s cga ni"R OF sa s 81.
ssndfOrds CHI Reports 5 The only doubt entertained
thst applies this spulaton but does such forfeiture
preclude selection of the remedy by injunction
lBauet ast. Beerane Vesey a55
Injunction continued; nj,
HOFFMAN, 1.-THE plaintiff, as doweress had
right redeem the mortgage paying her proportion Of the
due upon the principle OF annute This she will be
Of the neambrance She could not redeem but by pay
ing the whole amount and then became entitled to require con-
This she has actually received BY the reception Of equal
Of the personal estate which would be coming to him
All che be justly entitled to the excess she has PAID be-
As the debts are all paid and the assets all collected and
she applies to the equity of the Court for relief against the salts
faction paid enormously executed by the morage the Court
bound give full protection to the infant THIS can be done
efecusy by reburns her night Of the proceeds OF the sale
and bringing the infants share into Court
No difficulty is anticipated in the SuIrogates Office But
she proceeds to her accounts and any serious dcuy
% b.. ben Wy plaintiff to get the
benefit Of the mortgage amend the record and then to apply
for JUDGMENT Of SALE the proceeds to remain until iu'her or
Berry sgt Fish--Demurer to portions of the answer
Frost act. Power and Poser-Inunction denied.
Summary injunction discharged, with slo costs
UNITED STATES COMMISSIONERS DIFFICULTY %
Before q. w. MsRELL.
THE RROOMAN THAT CAME BY THE FLORA.
Capt. Baker of the ship Flora, charged with car
ryiDg off the KroOman named Robert Davis from the
coast of Africa in violation of the laws against the
plav e-trade, was discharged by Commissioner Mo-
re this morning, it having been shown that the
name regularly entered IN the
.hip ping articles, and that he came on board of
his own accord. TIE Krooman, however, still ciugs
@ the opinion that his throat is about to be cut, al
houeh he was presented with &c. and expressed his
desire to 60 with the Captain.
The following is the affidavit upon which the war
ant was issued and the Captain arrested.
THE KRooMASs AFFIDAVIT.
Southern District q Ne,o YOyk 81 John Clan Davis, se
BAKER Captain the brig FOr being citizen of the United
.bon ten week. seo and after the passage Of the at Of
Cor ess of April 20 1916 in such case and provided take
Goaa snd om IN ne af the coast @
holding this deponent service or abor that this de
rvee by the law. of either Of the States OF Territories the
Lifted states ''I FREyXLL MARI, Interpreter.
GEO w. MORELL, United States Commissioner.
THE EXAMINATION.
John Clan Davis 1.-THE nego) being examined through an In
epreteT by the Assistant District Attorney Mr. Smith,
sd-he born in DssicO DIX Cove - on the coast
n he a
Dix Cove frsti he came board on the 10Th of May
sPS . % to S S aC aso o W as o the
40 that he paid hospital money He weSi SS9sd to s
ship aboard the Captain him for two months and
tain showed him the ship. papers and to give him
money! the Captain wrote on the papers aud ut them 10
Give him house aid some money aud ha back Dix
Cove in two MONTHS more men were working on the vessel
money. no question to whether he confined on the
ess oa ssS he eS sSdas the and
liberty shoe he worked hard ON the voyage ne crsPed
haP seer h e 1FS Rys SSI the
Vase. IN this port and SsSa S. na hsys ans
down ii the Captain had been on board
Joseph Yates Of the firm of Yates Porterfed,
sgnces the Flora depoed that the Flora mas been the
Aen trade fueen mon'hs but never IN the saverade the
ana gh 10 be paid services agreed and sent back
again TO Africa by the sse; be would like also % keep
as on o oOs1 aS tobacco and rum and bought back palm oil
lie had heard of other being brought out in the same
John England of the Flora deposed that he Temeur
bered the board he KroOman and
wa. employed with others load the vessel at Dix Cove,
Africa he worked about ten days previous 70
sailing; the lay within mile of shore when the vessel
ready the not prevented from going
shook hands with aud bid his friends good by
;he could understand him. the Flora was short handed
before the mast and sent home sck
from Monroyia, through the Consul; Davis regularly
shipped he knew be conned hs lived the
the others, aud worked all the 10 New York;
Of his accord he sweeping the
board monkey they had
board Davis frightened aud so the mate called
hnt hDnl