The New York herald., 1871-12-12
CITY CoUaT-CHIMlNAL BRANCH.
A Burglar Sent Up.


william Smith was tried yesterday for having on
the night Of the 18th Of October last broken into
ana robbed the grocery store Of Emile HamburQh,
at the corner OF Grand and Ninth streets, Eastern
District The prisoner was caught leaving the place
with the stolen property In his possession Never
tneless he protested his innocence; out the Jury
convicted him, and Judge McCue sentenced him TO
the Penitentiary for one year.
Midnight Intruder.
James Mccormack, young man about eighteen
years OF age got drunk one night short time SINCE
and in his wanderings brought up about midnight
at the grocery store corner Of Park avenue and
Canton street. where the clerk, Henry Lohman was
sleeping. Mccormack reused the clerk and when
the latter opened the door he rushed in.
from Lohman who charged also that he assaulted
and threatened to shoot him. Mccormack was after.
wards arrested at No. 8 Flushing avenue, when the
stolen revolver was found. He was placed on trial
yesterday when he asserted that on the night in
question he was under the influence Of liquor and
went into the store to get some more liquor. II he
did anything II was while In this condition. The
jury convicted HIM of petit larceny and the Court
sentenced him to the Penltentiary for sixty days.
Burainr Pleads Guilty.
John Doyle, aged about thirty, pleaded guilty to
burglary In the third degree. lie was remanded tor
sentence until tomorrow.
An Illegal Commitment.
Charles Rung. boy, was on Thursday last COM
mitted to the Pentenary for sixty days by Justice
Demar. He was witness in an assault and bat
terry before the Justice who for some reason or
other sent him to the Penitentiary. The boys
father, who Is a respectable resident OF South
Brooklyn, had his son brought before the Court yes
terday on writ OF habeas corpus. Judge McCue
expressed his astOnlshment Al the course pursued
by the Justice and discharged young Rung from
custody
Decisions by Judge Nelson.
Lorenzo Butrd,cs Us. DdUid +. Little, 6c.-The
Injunction continued The order given by the in
sured upon the insurance company to pay the
plaintifr portion OF the money was an equitable
assignment and II fair ana for valuable considera-
ton, may be preferred TO the formal assignment
aterward made Let the 81 500 be placed In the
Trust Company TO the credit OF this action.
Solomon Mdp CS. A. Walter Sheriff fc.-Eew
trial granted. Though the question OF fraud in the
sale OF the property was one OF fact for the jury,
the Court has the power or correction where the
verdict is not justified in any view OF the evidence.
The good faith OF the plaintiff IN making the pur-
chase was not impeached; and there Is reason to
apprehend the existence of some misapprehension
or prejudice on the part Of the jury.
Peter Miles rS. Charles A. Mu1rdp.-An injuncrfon
cannot be granted. II the property be Illegally
taken, as by virtue OF the chattel mortgage, the
remedy is by action at law, TO reclaim the property
or recover damages Injunctons are not granted
TO prevent trespass, or otner illegal act The ex-
cepton to the rule Is where the injurious acts are
so repeated and continued as to prevent legal re-
dress. save by multitude OF actions.
william E. Fan Sichfen u.s. Christian KO1te, dc
The application on the minutes ior new trial
denied, with costs.