New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-07-14

Tbs morning Judge Davies announced the folov,.x
g. the OF ihs Court tor denying the moaSa f
a lew a.sl
The first exception WAS in reference to tAs tssiuo-
ry Of 0sios' Wemyss, sksa ne sA asked ia re'ersaos
to what vss found IN tho blsck fotk-ccst. We COO
side. that 81, thst testimony having been PREV ,uAy
even .nhou, exception In the previous pat OF the
u'A, taers Is nothing 10 THIS exepaos at all; Aat
wen az II fact, CROUCH to counec. this coat with
tie prs rer even Il tbis we're xac,iog. We thscs-
icre oyefrrle 'ke excan,;,,
TIE second enoepaoo Is 10 reference 10 the putsi.
w u Oh ea' testimony was properly admitted, bs-
derce alrescy received. First We hsys ths eyidss,S
# Spon Arcr srd his wife J,re, vho ver, there n
TIE corner thst person oo the corner pointed p.s-
t0i test way. Iasn We have testimony Of q pissd
berg ia he hsncs OF q Q mar who was runniax
std VIC changed 1t from one hsnd 10 the o,hsr as2
put 10 his pocket; ard tien ioloss the tes.,msoy
Vt something thrown by the man as he WAS ran
nrg thiougn Howard street Then we have the hsl-
rg 4 re P's,o. ~ that place. We think Il WAS CON-
pet NJ evceEce 70 10 - the Jury 10 enable them V
ssy ~hstssror ret they believed il the pistol 10
tie hspGs CT the pIisoeer. Therefore do not So
arytirg N tie exception.
It, reference 10 TIRE testimony of Feschi. when he
ssked - give hs reasons for the good character
the defendant scstsred ia Itay; there WAS no -
pesctrsrt OF the good character of the prisoner q
the bsf there wss &c necessity nor any reason Tor the
witness bei.g o&,ed the part Of the prosecution, to
give spy reasons or tsc,s from which he deduced hn
cpirion or justified as TO mis- good character Caar-
sctr urier these circumstances, Is general chsrsc-
ter-not character from particular facts and circsn-
stances-art the good character 10 proved oy the
proof of good general Casrac,er. Urless that Is in
pescheo, the persons calling witnesses to prove tas
good character csnrot 10 iato the facts and circun-
stsroe,. We think therefore the ruling oil the Cout
correct.
B As 10 tue psper taken from the defendants house,
/ We do rot think the, il mslsrial. A. TO the nrn
point r ation 10 provir the declarations by Webos
we think that tho eefenasnt could not prove waAs
Webb Rad said to the receipt Of any money, unless
he had been asked the question 10 tho first instance
The motion fer . trial ls therefore denied
Mr.. Biarkman ssked the Court to note his e1cepAsa
to the ruling.
/ judge Ipgrshsn announced a. his individual opAioa
that he thought the testimony As TO the rsasoe ter
defendants good character In Italy, was admissible:
but nssmucb 81 good character was admiued, the
exclusion Ct that testimony didlno affect the prsoass
because the Jury were bound TO take il a. settled
! fact that the defendants character WAS god.
! Csnceni was remsnded TO the Tombs, Ind the Court
adjourned to the 23d of August next.
SUPERIOR CoURr-GtxsR,L TssM--Juty IS -Bef<s
Oliver a. Ii'' s.psssur a The LIE Insurance.
/ Company appellants
bya POLICY granted by the defendants on the I'D dsy
OF MAY, 1919 TO a. W. Frarcis, on tho life OF ihoms
/ + Castle for the term Of three years. Castse dca
within year after that dste ana PROOF OF MS aosss
wss made to the desDtaDts on or before the nfs oay
Of May, 1850. On the third day OF june, 1900 Frsa-
cs ed the policy and all cause Of scton thereoe
n, int P .Sd .n,xs was Sssa to B. BOnnsy
esq. The defendants refusal TO pay the lose W.
placed on the cole ground that Francis bad NOS %
interest in the life of Castle The retoree
touId As conclusion Of law, from the peadings sad
facts proved that Francis had nsursble interest in
the life ct Castle and reported for the plaintiff 70
recover tfe amount Of the policy With interest from
excepted 70 tie deefion of the referee on thai poiat
viz: that Francis was interested in the life d Castle
! There IS 10 other exception to the decision.
The faots are briefly these: An association wa fon-
aF af.nHa "A. Far .y.lln0 fn
gazing fer their joint beret, and at their joint Ok
perse N wnirg pursuits under the name Of The Brs-
/ hfys MHfng and Trading Company OF Nep Hdven.
/ FIarois Was member OF that association, and psA
| hs share # $500 as member in conformity with tho
/ 23i article beside considerable other advances 90
the ssms account. IL agreed between Francis and
Castle hst Frsuos should assign his interest In tas
association to Castle, and thus Castle became msm.
Der Of the ASSOCIATION ia place OF Francis and Castle
"a consideration for such convey and the moneys
sdyarced assigned to Francis one half OF al HE rgAt
snd interest H. sud to the funds assets and profits Of
the Cor psny which Castle then had, should aftor-
ward acquire. Subsequently, aud while engaged In
the bu iuess Cf toe association Castle died at Csfor-
/ ria. Every member OF the association WAS bound 70
contribute 10 tire general fund all the proceeds OF hA
labor xiii or good urtune In whatever way obtain
ed ard each entitled to share equally IN the pre-
ts OF The enterprise. II member died tue officers q
the association we're 10 take an account OF his interests
the funds 0f the company, and remit 1t 70 bis leEa
representatives..
f. Seeiy fer plaintiff, and T. l.. Dsvn for defendants.
pay the ground that Francis not bssn4 hs1
insrsbs interest IN the He Of Castle the policy was void e
Francis bad such that the Thereof which
init the amount Of recovery merely nominal
la life Insurance that the fr whose
the lie Ct another insured should be creditor Of hsf
other 10 enough that the Ordinary course Of evens lss
and Disadvantage naturally and probably arise 70 tho party 10
The policy is writer tom the death Of the pess'a
whose life Is injured
In Lord sst Dali u Mar r. us was he'd that youps -
had an ruaDe the life Of her brother about To 50 -
ss sa TSs :as S gsss Life .
Company Judge Eswoth 10 d,yehns the opinion q .ss
Court held hat Brown had csbe interest," and thai tn
could $3.50 the amount lentioned IN thS
policy though advanced but 800 That suit opoe
policy exay like this and the ss Of the case were danost pr
sis. ~ The ssae. q Connecticut X 40 -.
Th. y.ei policy, and the value the smount tIsd ~
The Matte. IL aud upon tho oeSs
whSb the Or, paid. II Is not contract Tor more Ia
c.mLIiy -, .-,--...x
ties) l ate the following -.
Lucrr, aat Crs~forc, Res h Pull n r. Oi Ashley ~
A.bsx K.uts Com l7l Seniors Rep, it9 X John 80
TIE American Mr.sl Life lrs Co, Duer G. u, 49, Shd-
X 81, AID n.ts. -,
The Judgment shooli DO affirmed With costa
n