The national Republican., 1867-12-03

Adjourned until tomorrow morning at eleven
CIRCUIT CouRT-Chief Justice Cartter.-Thc Dir
cult Court continuing It's session, yesterday
James II. Birdsall VS. p, II. weleh. Wilson
and Burgess for plsintinp Bradley, Jr., for de
This Is an action for malicious arrest and false
imprisonment. Birdsall was arrested at the
Astor House In New York, and held there In
the defendant alleged Birdsall had obtained from
bat @ I'm Snaer ,s'e pre,ssSces enc Ihe ps sSy
lumbia warrant, illegally obtained, while the de
fcndant AYERS that the arrest was made under
authority Of the judge holding court at "the
The money which formed the basis Of the ar
| rest grew out of transactions In claim business
with which both plaintiff and defendant were
In the progress of the evidence the warrant Of
reading excited the humor OF the Judge, who
saidi
would like to know what kind OF crime the
cumstancesn tLaughtef.)
,oAs orrIoERs AnREsr WITHOUT wARRAST:
In the course Of the evidence Of Oflcer Wise,
u appeared that upon application to one Of the
justices OF the Tombs for q warrant to arrest
,s ,Bsirdss, the Judge said he was too busy to make
with the parties and bring Birdsall to the Tombs
when, u need be, he would Issue the warrant.
NHitl Jubtlcc Ohftttf bhlu tnht tne Judge could
give no power to arrest under such instances,
He asked Oncer Wise II he supposed the order
Of the Tombs judge gave the ofhcer power to
| right as the Metropolitan police here have; they
a The % ohief Justice IN tn ssiS %S th., judicial ooer
had no more power to arrest without warrant a
party, or to order the arrest OF party for a
private citizen had to arrest another.
Mr. bradley, Jr. suppose that II will not do to
these Tombs magistrates to presume that they
never act BY authority, or else their history has
badly written There 1, nothing about the
which are elevated to ofioc there, beyond the
ordinary courts Of the country and no court has
unless the offence is committed in the presence
Of the judicial officer and constitutes breach Of
the peace. In that case II is both his right and
AT the conclusion Of the evidence, the Jury were
discharged until tomorrow morning, when the
case will be decided.
A QUESTION OF PRACTICE,
4lp2 Deeley VS.. Shanahan. This case came
from chancefy on q Issue Of fact as to the tesla
cided that she had no such capacity, and motion
was then made for new trial In the Circuit
Thereupon came up the question. in vb,, form
should the Clrcuit court certify the standing Of
the case to the Ohanoery Court
Il
In the Circuit Court.
Mr.. Merriok held that the case must 20 to the
| chancellor with the motion for trial, evidence
| and all; all arising thereon to be determined
after the case went back to the Chancery Court
1t was agreed that the oiiciAl Photographic
report OF evidence In such cases took the place
and had the same effect as the Judges notes In
English practice.
The motion for q new trial was withdrawn, to
be renewed in the Chancery Court, and an order
was entered certifying the verdict and evidence
| to the Chancery Court.
$500 David Fales 4 Co. vs. Barker L Brintnsl.
Miiler-Kennedy & Webb. Judgment for plain
3073 d. King vs.. Fred. @. Fisher. Totem
fendall. This case, which was decided on Fri
day, came up again yesterday on q motion for a
new trial by Mi. Totten. After a submission OF
| reasons, the motion was overruled.
$3.50. I. 7. Haulthaus l. Son VS.. VIM. Ruther-
ford. Bradley, jr.-Adams. Case settled be-
| tween the parties.
1854. French, Richards & Co. VS.. T. TAYLOR
Page. Judgment by default made final
$3.50; Same ys. james N. Csllsn. Judgment by
| default made hnal.
CASES TO DAY.
Gases VIII be taken up to-day In the following
order; Calendar Nos. 269, 100, n, l06 l69 l19 20i,
2o3, 2o3, sos and 1853.
| Il is not expected that all these will be tried.
| The court, at O'Clock, adjourned until this