New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-06
LAW INTELLIGENCE.

SUPERIOR COURT-THrAL TERx.-FrB. 6.-Befors Justice
Barbour
Contested rsURArCE-A WHOLE JURY FT1ED FOB
CONTEMPT
William Tucker st The Mechanics Fire Insurance Company
This action was brought TO recover $j,co, the
amount of policy issued the defendants 70 e
plaintiff his stock groceries n store In WsshI son u
there being other inuracos to tho amount OF s2oU III i'
The cas has been heretofore fny reported having occupied
the attention Of the GOu for I n ~. and by
Edward Perrepcnt for the plaintiff and Judge Ednond
for the defendant The Jury retired under the following
have come TO the conclusion gentlemen ofh. Jury upon
careful reflection, that tho ends OF justice will best b. cub
served In this by my retaining from commenting upon
the evidence and giving my charge in the fewe possible
words. Tho plaintiff is entitled recover damages The only
question for 10 determine IL tie amount.
Won arrive at the conclusion upon the evidence before
you that property covered by the policy and which was
value ,"' of saoc or mors han that the plaintiff viii b. en
lied to verdict Of $500 with interest from the 2s,h
been les. than s2co tie time Of the fire. w render
verdict in favor Of the plaintiff for one NH Of 'ueA 'A0'
One word more This csu.e has been remarkably well tried
both sides. Indeed have been amazed a. wen as grau
fed all through the by the worde ability dilpayed
by III the eminent counsel Who conducted the trial Several
dspoOn have been read and large number Of wnes,e.
have been examined many Of wlsm brought from the
CITY OF Washington and their examination hs, been mos'
Thorough and searching. Such trial Ia not only neoeariy
. in XII. Csc ca, ever be soro fy developed than they
arc they lie spread out before you shall therefore
e,pec, You TO agree npon a verdict"
hi morning at the oprnns Of the Court ssnled paper
pun otis 10 be verdict handed 10 The Jndse
The jury being IN attendance ON opening tho Psre the 'u'se
Incurred II The jury tad been allowed 70 separate o.,
The Foreman rep led tina. that they had deieeried until
O'Clock p and after signing tho verdict HANGED In had
ggeo Btbour said. "a Court Of justice has been
the Co 1T to fnd verdict ,he r!aina t,ing tie value Of
the properly any snouni Justified by the evidence
marked that the coure for The respective parties pia'nia
defendant, snorLcs ~ the nature OF the YER
The Judge then read the verde, writon we agree to
dissgree'-sll tho Juror, signiutt
Dict and have all been guilty OF contempt, In sePatns
without the direction OF tho Court and without agreeing On
you ard mprson for ~ day, any Of you have
snghi s.y why you should nos be 30 punished you wi" "
! ,wer a, your name. called by tie Clerk"
The Clerk called each o. tho Jury and the foreman
stated that their for delbsiaion Nr evident tha'
they could that their nquing ofte ohcf bGr
Ing charge Of tho Jury Nh Carey what 90 be
informed them that they muS h up The s.i faroled Ihs
these directions they had made up end signed The verdict
that they had intention Of any contempt 70 he
,hs,. Of several Of Them declaring their desire
rather than ~Afay be guilty OF any con
JUDI. barbour called the officer. ,nd HIN Oppor,n
pn 70 ason "a. sI :s.,sS, We hs ,.s .s
The Court hsa r s.ea I'm. 0, ESQ on each juror and
enc Of the oosr whom he'uPondsd from h duties
irving each Of them oPprisny on Tuesday nsa' 10
show any reason why the tns should B. isdEeed.
further instructions under which hoy sssn retired Amer AZ
OF hour and quarter the Jury returned Into Court
with verdict for the plaintiff for ft03 TO- which 10 aetusy
verdict 70 Ie o. tho rsins being entitled 70 receiver
that amount from the i've companies ,~
Edwards Pi.rr.poni and Judge Dean Tot The Is'rn
John W. Edw and Henry seuddrr for the aefsndsniA
B.for. Justice HoskLI-
EXPLOSION IL pfE~REr.
LoonAn sg. Bfookway.
Action psnson for Tie Toes OF IN arm BY the
explosion Of steam The defendant brewer and plaintiff
wa. a workman IN hi, employ. The daaases wese sa ct
1000 IL ID. defendant had erected aprs
clean by aud alleged that he WA
guilty Of In not having ,s:y vsivs ~ check Tie
pressure Of the steam. =, -.
Aner IN. testimony vas closed Mr. Gerard for the den
DIN, moved 70 dismiss o.. complains esee several Ansh
can and English authorities.
Edwin Jane, for he plaintiff made elaborate argument
and pointed Tic dsincton between he cases cited This
wa, not action founded upon any drct VI machinery but
the defendant ohsTred with negligence for putting bis
woTl men d4nscog. operation without using any Yf.c-c
ton whstevcr. 81,
III. Court In giving Judgment dsnissins tho complaint
qu.s;.o of great tuoftsnce 70 the -.
and aud would allow time 10 sppes
Edwin Jsmes eud Dnphy Tor Ito Plaintiff CESd, Bseisy
Gnd Plat, Tor defendant
Bsiore Justice MotCniEr.
CLAIM FOR SERVICES AZ sALfsyAs.
George Hsshi az. Geo. bs.I ia T. tDe case In which
plaintiff claimed $50 balance duo him nom defendants fof
Service salesman during the la. UI mouths Of 100!
Verdict Of 49, Tor plsntif