New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-14

4
determination Of the suit elected t. b. pursued When
there is su in equity and mi. az law, between the
same partics for the same matter cause and thing
one cannot b. pleaded in bar or IN abatement Of the
other. But notwithstanding tiiis courts of equity
will sometimes order stay of proceeding in one until
| file other j. determined.
Tic defendant this suit ia not party to the suit
in equity He interest cannot BE- affected by the d.
termination in that suit. determination against the
plaintiff in that suit will not deprive him OF the right
10 pursue TIE defendant in this. The determination in
nat case can have no effect unon this The motion
therefore 10 compel the plaintiff to elect which suit 10
pursue, and that proceedings IN the other may be
stayed, mut be denied.
SUPREME COURT-srEcrAL TERS-Jan i1-Befote Judge
NCRAHAM.
DECISIONS.
Louisa Bcaudouin ACT. Uypolite Beaudouin.
der Of reference to VIM. II. EIting. esq
Albert Journey, 81. agt. Hannah Walker &c.
Order granted confirming report, and for payment Of
money.
Annie Jordan agt. George c. Jorlan-Order Of ref.
erenCc TO Edmund Bankuan esq
III tie matter Of the application &C., relative TO
Central Park.-Ordcr granted
Moses Dannenbaum, &c, agt. Lewis Frank, &C.
Motion for Injunction granted.
August CIamer act Philip Stopplebein. - Motion
granted; defendants costs to abide event.
Darius TalIman ogt. Jonathan Tallmsn, &c.-If
there he any cause OF objection to the Receiver here
tolore named the defendautmay moyeto have another
substituted; costs allowed on this motion.
Richard Corkey agt. Terence Reynolds, &c.-In-
iur,,io mocicd so far as TO allow the parties having
judgments to collect the same costs TO abide event.
Before Judge SUTHERLAND.
Baily Clark agt. VIM. +. W lac ltOn.-MOon to va
cate order of arrest denied, with $40 costs.
Charles j. Holden agt. L. l.. Williams.-Motion to
vGcate order Of arrest granted with 80 costs.
COURT OF GENERAL SESSiONS-J.S. I3-Beforc Judge
RUSSELL.
After the organization of the Court, Rosina Harris
highly respectable locking woman, and remarkably
well dressed indicted for forgery in the second degree
(passing counterfeit money!, by advice OF lnr counsel
Judge Stewart, pleaded guilty to forgery in the fourth
degree. The CITY Judge remarked, on looking at the
papers that the evidence of ter guilt very slight
and directed that she be remanded till Saturday, be-
fore passing sentence.
Matthew Bowen indicted for robbery in the frat
degree in attacking Joseph Dauber, sailor, about
two weeks ago, he passing through Washing
ton street, between II and | O'Clock at night, and
taking from him by violence $40 in gold coin, was
then placed upon trial. Dauber testified that Bowen
at the time and place aforesaid, walking along with
him. asked him FOR something to drink. The prisoner
then dragged Dauber into passage-way aud said,
Give me your money" Prisoner then struck the
complainant on the mouth and seized his pocket An
officer drawn to the spot and found prisoner
ard complainant on the ground and clenched Dau-
bcr's pocket found close by and torn out with
the purse containing the coin still in IT, His cap WAS
also found ON the ground near. This was the sub.
stance Of the evidence, upon which the Jury ut
returned verdict of guilty. Bowen is - years old,
was born n Dublin lives in the First Ward and is a
coal-passer by occupation. Judge Russell immediate
" proceeded to pass sentence, and sent Bowen to the
State Prison for ten years aud nine months.
VIM. Martin and Edward Brannegan, aged, respec-
lively 10 and II years, then placed on trial for
breaking, on the 18th of Dec, into the store OF
Robert MURRAY, ir. Nos. 269 and 27l Cherry street,
and stealing therefrom clothing with other ar
tcles, the property of both Mr.. Murray and Charles
Roberts. After the tal had paltiasy progressed the
burglary part Of the indictment was abandoned and
by advice of the counsel, Mr.. Spencer the boys eS-
pressed willingness {" plead guilty to petit larceny.
The District Attorney signed his disposition to ac-
cept that plea when the Jury were askcd to pass
ul the case formally with reference to the proposed
plea They did so, aud returned verdict of guilty OF
netit larceny only sentence deferred till Saturday.
John Hartley, indicted for forgery IN the second de-
gree pleaded guilty to forgery passing counterfeit
money! in the fourth degree, and was sentenced to the
State Prison for two years.
= Pagan, colored, indicted for grand larceny, in
stealing in connection another party who has not
been arrested, $4,000, came forward and pleaded
guilty TO grand larceny. In consideration of valuable
Information given by the accused respecting the lar
ceny and his agency in csusing portion oil the stolen
money to be restored the Court imposed upon him
comparatively light penalty, aad sent him to the Stae
Prison for only three years and nine months.
Louis Derenburg then placed on trial Tor stealing
from Andrew NOss clothing of the value OF sol ~.
The accused in connection with another party by the
name Of Davis alias Reade, separately indicted for
participating in the crime, to the taiior-shOp
Of Voss and engaged suit Of clothes to be made for
each. They were measured for the clothes, and on
the day fixed for tae clothes to be done both the young
tried their clothes on and finding them TO tit, DAVIS,
alias Reade offered in payment for both suits check,
drawn to his order the Nassau Bank in the sum OF
SG2 80 The clothes at this time had not yet been lc-
gally delivered by the maker. but lying the
counter. NOss az first questioned the genunencss OF
the check and standing with his back toward the
accused and his associate examining the check more
critically by the light Of gas lamp, when the young
thieves embracing their opportunity, slipped out OF
the door with the clothes before NOss observed their
departure In moment the tailor turned his head
and found his customers gone. The cheek was Ol
BOGUS manufacture The Jury with little hesitation,
rendered verdict Of guilty and the accused vas sent
to the State Prson for three years and nine months
He has already served term in the Penltentsry.,
Michael Farrell and John Brady, indicted for bur-
pnry in breaking about the llth of December, into
the stable of a Mr. Pallomno Spaniard at No. ~
East Twenty-sXth street, and stealing thereirom
divers horse pictures and blankets, with CLOCK
looking glass u carpet, syer-plated pitcher, IN oil
Of the value Of So were then placed on trial Ihe
evidence was clearly insufficient to support the aega-
ton against the accused and they were acquitted
Chas Thorn, indicted for burglary in the first de-
gee pleaded guilty to burglary in the third degree
and was sent TO the Penitentiary for two years
John Griffin, notorious thief, pleaded guilty to
burglary in the third degree and was sentenced ~ me
State Prison for three years and three months
Michael Sullivan, another notorious thief, was then
placed on trial for burglary in the third degree, IN
breaking into the premises Of Wn. X. Hall, No. i2i
Broad street, and stealing therefeom five Turkeys
The evidence of the prisoners guilt concIu Slve
and the Jury at once rendered verdict OF guilty
Mchsel was Immediately arraigncd for sentence, aud
sent TO the State Prison for four years aad nine months
Adjourned TO IL O'Clock tomorrow morning.
| KINGS COUNTY COURT OF OYER AND rERMlNER-
Bcare Judges STRONG. EmMASs AID ScHooNNAhER'
This Court organized Yesterday morning, when the
| following Grand Jury were impanne!ei; Wiiam
| Hunter, jr., foreman Robert Bennett, r. B Sha"'
Henry Collins, John II. Martin. Abraham LIVINGSTON
Charles Parker Aaron Storer, Parmcnus Johnston
30 James