Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1858-04-15
From the Daily Inquireer.
COURT MATTERS FOR THE WEEK.

The case of James d Strong os Geo. w. Atwood,
Little and Dayton for plf't: Bedle for defence
most of the day on Monday. This was an
brought to recover damages sustained by the
as owner of a mill property, in the town
ship of Marlboro. Defendant owned land above
the m~ill-pond of plaintiff, and through which flowed
the stream supplying the pond and defendant by
digging a ditch, and d~iverting the stream by another
course-although it still fell into the pond of the
caused upon the occurrence of subsequent
the deposit Of several thousand loads of
sand. thereby considerably impairing the water pow
or Of plaintiff. The ditch was dug some four or FIVE
years since, and the sand was deposited, mainly at
the time of the great freshet, that occurred soon aE-
ter the digging OF the ditch.
Maps of the premises were shown, and a host Of
witnesses examined, and the case was not given to
the Jury until about 3 o'clock on Monday afternoon.
After remaining cut a few hours, the jury returned
a verdict of $4,000, damage, for the plaintiff.
The next case called the same day was that ofD.
NJ. & R. C. Rue ps Smith E. Shaw. (Bedle and Par
kerry This was an action brought to recover the
amount of a note, given in settlement of certain
claims against the deft. The Jury retured a YER
dict without leaving their box.
The suit of William NJ. Smith rs Alfred Perrine,
Parker and Dayton for plf't. Bedle for deft.) was
called on Monday afternoon, and has occupied the
attention Of the Court since that time. The evil
denee closed about noon to-day, "wednesday and
Mr.. Parker opened for the prosecution.
This is an action of assumpit or breach of war
rant in the sales of ahorse by the defendant to- plain
tiff Mr.. Smith bought a horse Of Mr.. Perrine, in
the village of Hightstown in May last, which was
warranted to him by the vender as sound, but which
afterwards proved to be unsound. The ground of
the provocation is that the animal was unsound at
the time of the sale; that of the defence, we be-
lieve, that the unsoundness was the result of subse-
quent causes, and that the horse really was sound
at the time of his sale by the defendant. Several
witnesses testified to the apparent soundness and
of the horse, while in possession of the
defendant, but it appeared also from the testimony,
it both became lame, and so ~viciOusly inclined as to
indulge in sundry kicks before the plaintiff reached
home with him, Ca distance of twelve miles, on the
next day after the purchase.
INDICTMENTs.-The following persons indicted
at the present term, have been arranged, plead gull
ty, and been remansed for sentence
Margaret Brinley, for Larceny; Richard Hen
erickson and Thomas Brinley, Larceny; Nelson
Cottrell, Assault and Battery; VIM. Stein, La rec
ny VIM. Vancleaf, Assault and Battery, plead
guilty to Assault, and gave bail in the sum of 800
to appear for trial.
The following persons plead not guilty, and were
for trial: Paris Webster, Larceny; Val
entine Lounsbery, Larceny Isaiah Hough, Assault
and Battery, gave bail to appearin the sum of 800
John Vanwart, Assault and battery, recognised in
800 to appear; James Barney, cutting timber, rec
ognised in 800 to appear; John Pearson, Assault
Battery James Gardner, obtaining money I'M
der false pretences, recognised in the sum of $500
to appear.
Chas. M. Potter, cutting timber, set down for tri-
al on Friday.
In the case of the State Us Charles Berlin indict-
ed for Larceny in taking anote, the prosecution rep
resented to the Court. that under the facts in the
case, it does not appear that the note mentioned
in the indictment, was taken with felonious intent
and the Court ordered a mole prosequi to be entered.
MIsCELLANEoUs.-The Court named Friday of
this week, as the time at which those who have and
have been by that lime convicted o~nindictments,
be sentenced.
The same day was set down for the hearing of
The suit of Samuel Sprowl's Us sundry persons in
an action of case, was postponed for the term.