New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-19
Before Commissioner OSBORN.

| Before Commissioner OSBORN.
/ ADJOURNMESTS.
Adjourned examinations in the cases OF the United
States ut Alexander Ross Ct AL same agt Messrs Ms
Brown and steele, sti further adjourned until to-
| day Saturday.
! SUPREME COURT GENERAL TRRM-JAS l8-Before
| Justices LEONARD and CLERKE
TIE HABEAs CORPUS QUEs1IOS-STATE AND UNITED
| STATES RIGHTS.
| This is the case of minor, under the age OF -
who enlisted in the United states Army making oain
passed that age His father makes petition for his dis
charge In the court below Gen. Buereld made return
that he was held by authority OF the United states and
Mr. Justice Ingraham, in an opinion published IN this
paper while stating his opinion that such return was
naffccnt and that the state courts had authority TO
examine such IN Difference to made IN s
matter might bc brought up before General Term for
adjudication. Mr.. Cushing. counsel for the petitioner
has brought the before the General Term py Ger
horar contends that OF the reserved rights OF
the states WAS The right to protect Its own citizens even
against the Uuitod staes that this night was established
by chain OF decisions uubroken down TO the time OF the
act Of Congress malngfhe oath of tho minor cOnciusLe
his age unconstitutional at least a. against the
father or master entitled to HIS services; that the law
imperative Judges and that the Issuing Of me
writ. without nqnrng into the cause OF detehuo' du
on the other hand, It was argued that the power to
raise q military force eminent right and that the
army, otherwise minors would be continually en-
listing to the dcfrhuding 81 tho Government Of RON
writ ana that now the Secretary Of the War Department
directed TO release all pers2ns Improperly enlisted on
payment ~ The amount expended by Government
The Court reserved It's decision
A. Loring Cushing for reator; A. b. Courtney for Gov
ALLEGED rxrouTIoS or JUDGMENT.
The defendant in this case confessed Judgment Cor
SoCo aud subsequently moved 20 set 1t ar teins SUD
stanualy this story: A clerk of the plaintiffs wac In.
drbtcd 10 him some 100 md when he buying hill
Of goods from the plaintiffs put ~ WIN bis goods some
defendant supposed rightly aud with the knowledge OF
the pl1niHf, subsequently they induced him 20 come
from his home staten island and on MS arrival mere
took him 20 the station igusc and then by threats OF
arc-tug him and blasting hs character induced him TO
go o hotel with policeman and from there noXt morn
Ing 10 their and sign what they called security for
station Iosr there suggested himself thnt they should
send policeman with him, and then with full knowledge
signed the admission. The whole matter WIS referred,
aud the fierce reported In favor OF tho defendant and
from that report ne plaintiff, nppe9l,e,d ,.,.,,.
Mt J. Dimmick rPlantiii Alr james for defendant
CuNmrHs.-Briorc SIR. Justice BARNAED
A Doc CtsE-rowEus or DISTRICT JUDGES.
The plaintiff owned - dog ahi lost him. II was bull
terrier worth 500 lie commenced rcpleyiu suit IN the
second District Court against the defendant, who he
TN GOT an oror 81 arrest. The defendant moved to
the order FOR arrest the ground that Judge OF
District Court cannot grant any order of arrest except
Mr. Hersch Tor defendant Brown, Hall & vanderpoel
CRIMINAL PRACTICE.
r J9C cdn Gf am nsrs ON i8 VIZ o e absence Of
necessary witness 10 have the transferred from tho
c I wms rr ro Maf an hour afterwar Mr.
Hutchngs end Mr. Fullerton. on behalf OF the People ap
pipd the Court for the vacation uf the Oftf, on tle
ground that the had been perenpory set down Tor
trial The motion refused. on tho ground that the
Court could not vacae such order and the only place
whore such motion could be made Was ut the Court OF
| Oyer and Tcrminer. So
SUPERIOR CoURT-TRrlL TER,-Before Justice JONES.
! A SUIT AGAINST THE CIrY-TnE RIOTS OF JULY, 1863
DIVIDED JURY
This action to recover $li,oos 81 for damages
d ~ oea 1s pb eT be somS Ss 81 on S 5S
being dismissed the ground that sufficient evidence
rioters The property consisted ham and beef
houso and smokehouse on the corner OF Washngtoh-st
and West HOusOn-et. On the east was the uinberyard
OF Baker, Wells Co.. and tho plaintiffs claim that the
fire originated In their premises. Baker, Wells & Co.
was given 70 show that tho anger OF the mob was
specially excited against them on mat account cunt The
Supervisors Of $1,000 which he subsequently Increased to
The present trial occupied four days The evidence
10 whether the mob set fire To Baker Wells Co.'S yard
mony as 10 where the fire originated.
The Jury out q hours and stood to 4, and wero
MI Parsons for plaintiff; Mr.. Hacket for defendant
SPECIAL TERM-Before Justice MoSELL.
DECISIONS.
FRANCHISE Huested agt Blaso Lorlard ct al.-Motion
denied with $40 costs See opinion with Clerk OF Special
Christian Huber agt Chas HennIng -Motion granted,
WITH S e Pse PapTs N 1 rcTn oS
up agt Charles Z pershem &c.Z0rdors granted
The Madison Avenue Baptist Church agt the Baptist
Church In OlyorstJudgment for defendants Findings
OF fact and law TO be prepared by defendants. aud set
tied on two days notice.
COURT OF COMMON PLEAS-GEsERAL TERM.-JAs. IS.
Ijsfore Judge DAILY
DECISIONS
John Egner agt the Second Avenue Railroad Com
pany.-Case settled.
Van Cleye agt. Abbott; Clearke agt. Lynchsee opn-
Ions.
MARINE C0URT-JAs. ls.-Before Judge HEARSs
CHICKEN SUIT.
Thomas G Riggs agt Edward Dusenberry.
The history of this case appears by the evidence,
Ia that In November last the defendant purchased bar
rel Of chickens Of the plaintiff paying part OF the price
down, balance to be paid delivery The poultry
not delivered according PROMISE and defendant called
plaintiff for explanation Some dispute arose about