New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-20
COZ RI % COMMON PLEAs-svreIM r,aS-J.. IA
B,iou judge DAILY.


%. r moony NJ jos Davi' The same at MyrrY rrstt-
This action was brought 10 recover damages for an
assault aud Conspiracy 10 uDure the plaintiff who
alleges tha, after being imprisoned he wa banishef
from the State OF California by the defendant eOopcra
ting with Others the Vigilance COMMITTEE Of ssa
Francisco The defendant aud Others, are alleged to
have combined for the purpose OF putting one Cs-y
TO death: 90 resist oil courts officers who should
seek TO bold then, accountable, aud 10 commit Other
crimes and ofcn.cs; that they assumed the NAME %
the Vigilance Committee, and suddenly sexei all the
arms that could be found and organized bsnfs %
armed who obeyed their will, that the Governor
Of that state called upon them 10 deslst, aud upon
their REFUSAL the Governor issued his proclamation.
calling upon all able-bodied citizens 10 enrol them
selves IN the militia aud all the Government IN
snbdulng the insnuectionary conspiracy. thar the
plaintiff so enrolled himself and the Governor issued
requisitinnupon Gen. Wool for certain arms which
compiled with, and the arms placed in charge II the
plaintiffs and Others TO be- conveyed TO san Francisco
| for the use Of the State.
While the plaintiff was in execution Of his drty a.
one al the militia he assaulted arrested and inn
prsoned by the direction of the Vigilance Committee
The arms taken from bis possession, and after being
kent for some time in close confinement and denied "a
access HE friends and all opportunity of attending
to his afiars and after being subjected to hardship,
&C.. he was finally put on board vessel aud COM
PEELED to leave the state under the threat OF death
he returned
The plaintiff sued the defendant here a. one ~ toe
Vigilance Committee.
TIE facts constituting the Of action ara sep-
aratcy forth in the first three counts Of the CON-
plant ana all embodied IN the iOuftn count.
motion made by the defendant 10 compel the
plaintiff to elect whether he will rely upon the trst
three counts or the last alone.
Judge DAILY, after examining the matter at length.
decided that the motion should be granted aud the
plaintiff put to bis election.
In accordance with the plaintiff election the first
three counts were stricken and the fourth count
allowed TO stand. No costs to either party.
COURT OF GENERAL sESsIoNs-J~. iaBefors Re-
cordcr BARNARD.
The first business of this court this morning was the
ana gnment Hugh barrow, indicted for no, and assault Nd
10. ~. the auth Of Decembsr las, The Assault
poee B,fo the case went to the Jury the pc, Attorney
abandoned the allegation OF not but Insisted that the dsieassas
while the defendant with several others was standing The
sT Of 81 Gs"" ...a Ss s ANA Ss.cs the
s by the aforesaid officer ordered them % di.Pene rsea the
Sii e Ss d's 3! dsiisa ii, si:@ss
s o%rs .t rn need D.o. to the ne
prisoner Was fou'd guilty at toner Term q %An'as"e'~
Lucy Wagner, German, then pleaded guilty 10
and larceny picking the pocket OF another German
James Breen was then placed upon his trial indicted
for petit larceny taking from the money OF Aehsnass
Se r month S of Sosfn Ssr Ia. to the smoua upd
accused bartender t1qs SF IaIp %s en
but witnesses offered by the decnse IN which sn
aneS Tho fiisi Was protected length y the
minute Of eRa .s y 10 Ss
issue were that bills f0upd on the psrssn o. the 49,
aGh MI H. Sp S SaSt e.,n n X & found the
AMI entity a petit larceny and the Court once sentenced hm
to ASo rfns95'i oS 5 to %oSTo~ morning
COr-RT OF SPECIAL sESSIONS-JAx ls-Before Juices
| OSBORN and QuackISBvSh
The entire number of cases on to-days calender wss
7c-47 pr,on cases Suspended cases. and q bail cscs
| Among the first prisoners arraigned to-day Wa
James Thompson ccoea eharred with 'tssins the 18th q
January tin WISH boiler, worth 81 from Harriet Bryan NO.
York stree, The hep, psOD ",h was caught IN the act sent
Mary Sacketi stole, on the lat of May last, shawl
from . cSg sna No is2 West seeuh street. ":
| sen, TO the City Prison for ten days .
William johnson was found guilty Of stealing, o.
the 18Th Of January steam soh sio nom sss
No. g5 r Caution t 0cer stmsn Of the Eighth WS
found the property in po.s sion Of the accused lie ~ 'o" "
William Meehan stole on the 18th Of January.
lair Of pants. worth ~ from Ae,.m Jo.R No. is S''"a
| Thomas Murphy was convicted Of assault and bat
.ey the nth q Jssnay % Dennon R. Parker OF the Fire
Timothy Driscoll caught in the act Of stealing.
the 18th Of January q ssc worth ~ "a on sss co.,
Francis j. Kcens plead guilty to stealing on the "a
.rs S1n sSS was stHi Ss1h %oai
| Louisa Smith stole, on the I'd OF November gN1
the value SIS Cshsine Byoln. No 70 syins .rrss
to Gf tG Pe RisPS s for %oaR. ''
| VIM. Ryan was convicted Of stealing, on the iot.
q h J FsSs%y
ws found ON the accused till Thursday
I Thos LAWYER stole on the 18th of January, bus
pants pS 81 and oiRe .iees~ ALL w.d
ss SS s 81 f', :"d SEN, o.
Thos. Neary was feen to steal, on the 18th Of
Jspuary cloth cap worth IS cents from Frsncis Donney.
Caharne street and sentenced TO the Penten'Ay NC
EdS ard Roach was convicted Of assault and battery
on Hermann Ats No 20 Cherry street. and v~ ssu TO u
LSdia Ellr and ellis Wells were both convicted a
.ssngthe fret piece Of weolen pild On the 2.s Dees%
.econd pair Of worth IS from Mch.. shsy.I No
Mercer street Both demanded to Saturday TOT
Daniel Harrgen and John Shea were arralgnsd sof
and battery the i2th ofJsnn.y on Pete C1.s, no
Cherry street TIE frs. o ws sD.,d sc ''s
| John Brady was found guilty Of stealing, on ne
lh OF January piece Of ,veTps,ed Cf'tSS Pr. s1aa
street and Pententiay for four monthA The
had been proving round the building nom ~sss
NE case Of Stephen McGraw, charged with 4, a. ::
saul, and battery on the I'm S Of sa Ssa NO.
John and Wiilam Shepard charged With assault
bsttey the 18Th Of Bridget Brown No $
Roger Moran was found guilty of assault and bet
3 ON % b ls ren S SiGs; 81 4. s%ss: ''
james Cshea pleaded guilty Of s's ~ ;ss S:s
the M, e J'1 ssasa on dd 1ssp TiSd
The case of Edward Z. johnson, impiesoel ~ ha-
ward eb.sea with aesny On the tho sns
lanes Egnn was convicted of assault and battery.
thu I'd Of January on janice NJ ofo desso inc mayors
VIM. b. Kellum wa convicted Of assault and bet
sny., street Sentence deferred iii saturday
Bridget Barry, Mary Clifford, VIM. Fash, colored;
@ % b S eSs,sS y sShn assS :aa sss. -
Resd and Thos Lamb arrsned for larceny With req
1 Hausbifn for Illegal voting were discharged no Witness
The case Of VIM. Irving charged with msds-
kosk dam JOhn