The New York Herald Newspaper, January 20, 1844, Page 1

FOURTH DAY. Ax 19—T vial of tm lia Norman Assault and Bat- 1, with Intent to Kit Henry 8. + ; ‘The Court was as days, and the Capea been called over, ih more than his usual Lk Sequirel that perfect ordet y req at to Because when the proc tokens of applunse or expres- @ tendescy of such conduct very member of the communit e onler, the Court now publicly announce y would preserve orler, duty might be; and if anv individual these propricties, which ought te be observed by every of ji either approba- ly taken inte forthwith. Conduct of that sort would not be pe:mitted—a notice, which he would re- ‘of those who were disposed to offend so salutary and so preservative of rose, and said that before however Oper ‘one in @ court) by tion or indignution, would committed peat, for the benefit ry ORRELL, he proceeded to sum the eounsel for the 4 point of law to add to their case ? Mr. Saxpronp.—Dio; | think the question is one pure- ft. Monnens o% depend, then, fo to th Monnent.—You en, for ie ury upon the facts only ? evies ir. Saxprorp.—You may examine such law as you please in the case, of course. Mr. Monnet then proceeded to address the court and jury for the prisoner. juctory part speech consisted of a view of the different speci the conduct of the p' sanity, their effects 1 » drawn from Paris their’ modex of exhi! blanque ; after which he their verdict, and interpret the testimony of the witnesses by the rules ‘of medical jurisprudenc nent authorities had which they prom sanity; he remark h was offered last evening. that the existence of insanit some cases more satisiactar by witnesses not of the parties who had oppo! al where the same se had not been within the pow- . This had exact relation to given last evening, whilst 'Cready—and it was acurious fact—in his rson of the prisoner, showed that het ‘inguished by those signs which, the work just quoted, were described as the character. istics of insanity. 1 said the learned the court to act as counsel ‘The court, looking joking at the law, and looking at that which they al- ways will look, the rights of individuals, were pleased to impose the duty upon me, as onc of her counsel, of defend- yy female from the serious charge tried. 1 entered upon this of virtuous indignation, when | heard en I was told in that cell from which she comes now—and to which, by the verdict of this jury, 1 hope she will never be return: own simple way, I made up my mind to leave family, of fessional duties. aud neither to sleep nor to eat un- till had given her deliverance to the looking now anx: he circumstances 6 which those emi- n. One branch of the rules in reiation to the existence of in- had relation to a part of the testimo- The diction was ually, and in fession—that was by rtunities of observing the individte er of the practioner hims the testimony of Mr. Behrene, giv: description of the Lee was peculiarly disti entleman was as- yr the unfortunate soner at the bar, at her situation, ing this poor and unhapy upon which she is now bei: onuse with foolin aot her simple tale. [—her artless story in her have looked at from the time | started it to the present moment, ! repeat, with feelings ation at the being who has laid ‘The privoner (the learned ceded) was chi upon the first attem to take for the result. with a dirk kni 6 life of the person ted the indictment. He took it to be a maxim when an averment was made in an indictment it was necessary for the prosecution to prove each and every averment in that indictment. Now what was the arge here? The prosecution charged that the prisener, with premeditation, with malice aforethought, intended to y were hound to prove that averment. cording to the rule of law? He sub- had not sustained the averment in any 'd presently show at greater length. They must then show that she intended to murder; and if it able for them to prove that, were they not bound to establish the same intent as if the her trial for murder? Certainly; it was the law of the lend, and he defied his learned opponents to reli then cited pore: which he t urder, and the; Had they done it, a way, as he show! ber, p. 80, in su that if the alle hter, from its be- ing donc in a sudden scuffle or fight, the jury could not convict under this indictment, discharged. He called upon thi this rule of law, if they could. In approaching the jury upon the whole case as it stood, he hi and they had also a duty to perform, of a most res ‘a duty to discharge which it was n every good citizen to discharge without prejudice, without feeling, without excitement, and with a just sense of,and regard for, the maintenance of our laws and the protection of the the consideration of this case, and all excitement should be laid aside, because the prisoner was @ female, and a morbid sensibility had been well as in the court, during ould not ask for their and the prisoner must be prosecution to auswer a duty to perform, character. They had lo; and on his Frlahet that all feeling created in the community, of the cause. He verdict under any excitement or any feelin, tainly should ask for it to be to the rules of law and the evidence in the case. both he thought he should receive He thought he should be able to show that the defence and also that they had « nn the stand. Mr. it was he? What ged to interrupt the learned connsel, to remind him of the understanding which existed be- tween them as tothe mode in which be conducted. The rule laid down wi not comment upon Mr. Ballard or his alle; just for this reason, that it was not within quiry Mr. Henry 8. Ballard was not a witness in the case ; there was no evidence to connect him with st ; and if he hud been a proper witness, the de- fence might have called him, for he had been in daily at- , in court upon their own si the privilege of c him if they chose ; but under the circumstances he (Mr. Sandford) considered the course which was being taken ag an attack upon an individual who had no opportunity lefending himself. The introduction of his name was altogether extrinsic ; it had no connection with the testi- mony, and upon all grounds he contended it should not be made th Ifsuch discussion were it to such a verdict ; ave Mr. Henry 8. Ball Henry S. Ballard—who was he? his— Mr. Saxprorp b discussion should jat counsel deny tendanee. Hegwas,indeed, ad consequent); ibject of comment. allow ed by the Court, it would protract the enq 5 have no other ing the minds of the jury from tl antamt replied that if no allusion were permitted Ballard, his conduct and mo- be entitled to her acquittal, be- cause the charge against her was that she had attempted to take his life. The Recorver eaid that allthe testimony which had been given was open to the comments of counsel. Mr. Sanpvono intimated that the understanding was as he had already stated. Mr. Guanss—We can enter into contract upon the subject. We shall conduct our case according to the the prisoner wou: Mr. Sayprorv did not wish that matters which were al- together irrelevant to the case, should be introduced by way of comment upon en individual. ir. Granam supposed the Court would not permit coun- Mr. Saxprorp.—And the gentleman shall not be per- mitted to do it. . Mr. Granam.—We do not intend to be very assure you, in our comments and motives of Mr Ballard, and if you reject those com- ‘ments, you may as well reject the whole summing up. [ reeive that my associate n the conduct, character intend fo do so myselt has marked out the same line for hii of him as he stands before the court jury. Reconnen desired counsel to proceed. Mr. Monnint.— Let the galled jade wince : our withers for the interruptions of I say for his inter. efore this jury ; and e name and conduet of Mr. Henry 8. , why, according to the language of my associate, ‘ let us have an acquittal of the prisoner, if yon are fearful Plause from all parts of the court.) ‘The Reconpenoriered tho officers to be strict in pre- and to arrest the first man who inter+ the proceedings either by Jaughter or applause, 0, he asked, was Heni He engaged not to travel ont of the reco: ‘ment made with counsel upon the other ry 9. Ballard was? He had never seen him but once ; it was when Madame Restell looked at him, and he could not look at her. Restell and he could not meet eye to eye. Why? ution would circumscribe him he should not man—A man was he? We care nothin We care nothin, m ; we shall place our cause iC he ia foarful of tt Ballard being commented of comment !”—(Great ap- serving order, ir. Monny.it. resumed.— break any arrar side in arking w! allude to Henry professed to be a man; the crime tow: committed, had not in his com) of human nature to asking for a verdict. ‘hat fashionable merchants, who rT ini of societ) fhiSent that eine} they are merchants there mu ise made if t! 2 i nate girl. What was he? A. smmatwoste re iongn ee the he name of one—who, after seducing ie ech 6 uage of the prosecuting er rome money to save connsel in his opening, her from her present course of life !” very kind this—man, was ! who, after seducing the poor nfortunate the jury had seen in Court yesterday, and had ch her, used threats to her in order that she shou! ception. Poor girl—the jury looked upon picture, but that was the first ono only. This (the And after he was tired of the ‘What was he? soner) was the second. he took her by the hand and said, when he had destroyed her, What was’ his ni might as well give him a name, kind and he says, “I will now jonest aa he was NEW YORK, SATURDAY MORNING, JANUARY 20, 1844. professed to be in the language of the Counsel for ¢! rosecution. His name then should stand thus —H . jallurd, the cowardly philosophical seducer, the abantow if destroyed the virtue af ed profligate, who, after hay an unhappy woman, left her; threw hero! 4 y to want, in poverty ‘and in disiress, Let the jury look, though only for a moment, upon the evidence in the case, and say whose situation they would pre fer at this moment to be in, that of the prisoner or thatof the prosecutor? Would they not, as far as feel- the poor girl at the bar, than in that of thejvillain who had destroyed her?— flowei in the bud: and she now stood before the Court the weed that he had made her! For @ moment let the jury look at her as a ing was concerned, rather be in that She had been plucked by him like woman, the mother of children, with a little child yet aliv of her coward seducer, who dared not show his face! them remember her child—her child now. waiting to be returned to the arms of its poor mother, und she broken down in her heart, destroyed in her peace, but not yet, thank God, utterly’ blasted in her hope: with her; he associated with her;he went with her, in the evening , to gardens and theatres; and finally, in the lan- guage of the prokecuting counsel, to a house of il-fum ere seduced her.. Phe learned counsel then descri- bed the conduct of the prisoner at Mrs. Moore’s house — after leaving Mr. Callender’s, where she became in the { mily-way by Ballard, about which time some pills we purchased from Madame Restell, by which Ballard pro- cured abortion, ashe had upon thé other female he har discarded, Mrs. Ballard No.1. It was at this period that her mind began to be affected. Reason at that time had abdie: and it did not reassume its its thron ace] except at the visits of this Ballard—this in- sect who polluted the community with his presence, and ned whatever he touched. The imony of Mrs. lurley next passed under review. She told Mra Hurley she had no home. How true was that remark when once virtue was gone! She had no poor mother to whom she could go and say, “Mother, I have been seduced ; | have been ruined—can you again take me to your arms and forgiveme ” She had no one who could put forth her ughter, come !” She had no father ind ask to eet her wrongs ; no hand and say, “Yes, she could speak to, brother to say, ‘'I will take your case into my hand,” She had no help whatever ; her virtue was gone, and she cried out, in the agony’ of her despair, “My heart is deso- late Ihave no home!” Let the jury imagine the scene —the poor girl upon the stoop, wandering in the evening for the purpose of finding a place to shelter her, and wan- dering, distracted in her mind, until it became dark ! She then returned to Mrs, Merriam’s, who was satisfied some- thing was wrong with her ; and, during all this time, not one word could be said against her character. Mr. Morrell mony of Mrs, Merriam, who spoke of ing epileptic fits, and also that of Mr, Cal- ve similar testimony. Referring to Mr. Tender’s evidence, the learned counsel warmly contended that there was, during her residence there, no imputation upon the contrary, she wan as pure asthe undriven snow.” Instead of gong to theatres and places of amusements, she was in the habit of going regularly sto church with Mrs. Merraim’s chil- then noticed the t the prisoner hi Callender, who gi ‘against ber character and virt dren, ‘That did not. exactly come up to the charge in the opening speech of the prosecution, that she ‘wasa prostitute. Counsel ought not te make such allega- ‘to tions withont sufficient grounds. It was an easy matt. make charges of that kind, and the defence nad not at- tempted to refute it, because they had tracked her little life, from the_ time she was 13 years old, and they would what proof there was of any suspicion or doubt ne in the meantime. Charges of this description could becasily made by Counsel,who, beyond all question, were instructed and paid by Ballard,the pb ilonophical profligate. of giving money to the woman he had ruined, came forward and employed the first Counsel at the bar—for what pur- pose?’ Why, as he could not injure her in one way,it was necessary to get at her in another, and therefore he asked erdict of guilty upon her, in order that ‘once more to show his face in the city 1, tell him le—(Some plause here manifested itself among the auditory, which ssed.) Every man of virtue and honesty, if he saw him talking with a respect. able t to be his duty as a ae citizen, who observed the laws of God and man, to ask that woman it she knew with whom she was talking, and tell her, “ Madame, you are walking with a vile and profligate seducer.” He supposed that when Ballard made friend upon the stoop of the Astor woman is coming up gain,” or in the lan- an ‘The man who, when he was tired the jury to pass he might vente: of New York. Let me, exclaimed Mr. Mo he had better go to Texas as quickly. as po ay on instantly rep female, would at once feel the expre: House, - : 5 guage of the prosecution, “ go of titutes do,” felt as the poet a i— “Woman to cards may be compared ; we play A round or two—when used, we throw away— ‘Take a fresh pack ; nor is it worth our grieving, Who cuts or shuffles with our dirty leaving ” ion to hi liveas other pros The learned counsel then proceeded to examine, in consi- derable detail, the remaining portions of evidence, con- tending that up to the time of the alleged offence, thee disputable proofs of the unhappy girl"s mind being affected by her misfortunes. The whole of her demeanor in the Astor House, both before and after the occurrence which lei to this indictment, exhibited the same, and her subsequent conduct in the guol, parti- were many clear in cularly the distressing attempt she made to commi cide, showed that she was overwhelmed by her suffe 8. The’evidence on this point showed conclusively that she was an insane woman ; and he declared that he rejoiced it Providence having iaterfered to prevent her completing bi the attempted suicide, because it was the means of bring- ing at least one scouzdrel before the public. ‘The picture which the learned gentleman drew of the condition of the rironer m her cell,was sketched with great power ; and itdrew tears from many ; but we have not space to re- \d delighted that the had now got Henry 8. Ballard before them. although new very well that'the Court would say that Henry S. Ballard was not upon his trial. Virtue was upon its ar hislanguage. He was pleased ai ary b trial now, and the jury were the judges, Yes, Henry S. Ballard ous upon tee fol and na the celsnaee tee very powerful appeal was addressed to ‘h that the prisoner was guilty, ifgui charged? He believed t! address by citing two conplets from a work which ever body knew. They had been put into his hand by his a request that he would read them, as he, like the rest of the community, felt great interest in this trial. These lines would tell the ju- ry what this poor unfortunate girl thought at the time she was in prison, when the order was about to issue for her to come forth and be tried, though probably without know- learned friend, Mr. Ducher, wit! ing them :— “When lovely woman stoops to folly, And finds too late that men betray, ‘What charm can sooth her m nell ! What art can wash her guilt away The only art her guilt to cover, To hide her shame from every eye, To give repentance to her lover, And wring his bosom—is to die!” Mr. Morrext then resumed his seat, amidst considera ble applause from all parts of the court. Jona: lowed to be drawn therefrom. He concluded a very able Mercer, as delivered to the jury on that celebrated trial at Woodbury, New Jersey, Davi Guana, Esq. followed. He dwelt with much force on the point of intent in the commission of the al- eas it existed and was made fully evident to the jury, they could not convict. Also, to the state of the existing laws, making seduction leged act, and contended that un! only’a violation of civil law, and punishment ulone by suit for civil damages, and argued in favor of the passage of enactments making the offence punishable by impri- sonment and fine, On the point of intent, the learned counsel argued that if the siabbing took place from sud- den collision between Ballard and the accused, the crime came under the head of manslaughter, and therefore no intent was made evident, and they could not convict un- der the indictment. He dwelt with much force on the refusal of the prosecution to produce Bal- lard on the stand, ax he alone vould show o the conversation that immediately preceded the commis- sion of the act, and thus show the intent, if any existed sare ata transaction iteelf ee the ngest evidence that a sudden struggle must have been | a between “es aes at the steps of the Astor Houre, os they had walked down Brosdway to- gether, and if she had intended to commit the ct char ged, she could have selected the 04 street, and’ not the entrance to public. hotel, where detection must have been certain. He then proceeded ty evidence,aad p articntartyfve to that por comment tpor tion showing action ng state of her mi Ind previow's to the trans. then resided, by Mi so her ly, and stated that a female of much literary attainment — [meaning Mrs. Childs) —wos in the court oom, ond realy waiting to take her to her house es an inmate, as #oon ae the jury should render a verdict of acquittal. It being 4o’clock the Court adjourned to half-past 6, Evesina Snestow. At the assembling of the Court,Eowann Sarnronn, Bag roceeded to Close the xummingpup fur the proseention. | dwelt with much force upon the exhibition of feeling Ren Foret of the audience as made manifest during the trial, and then endeavored to draw the attention of th jury to the commission of the act, and the cireumsetanc attending it as made evident b'y the testimony alone ind said thet Ballard had been subpenaed the defence, and kept in daily attendance by them; and that they could have broght him upon the stand at any time they desired so todo. He denied that Bollard was the se ducer of the accused, and argued that, if such had even been proved to have been the fact, it was no justification, ripe | the laws of God or man for the commission of h the accused was now arraigned for trial. He then proceeded to read the testimony, and com- mented upon it with great force, particularly that portion relative to her supposed insanity. He argued that if she had been acting under the infinence of insanity on the night in question, she would have either struck Ballard down at once on their first meeting, or have stabbed the first man she met in the street after she had sallied forth. He then cited many cases of insanity to show that it must be made manitest in a positive degree before admitted by the jury, and that previous acts, such the procuring of a knife or pistol for the commission of the deed, and following the complainant as the accused did, presented aught but evidence of an insane mind.— That her languid aj nce at the commussion of the of fence was a natural and inevitable consequence of the high*state of feeling that had been previously produced on He then commented on the testimony relative to alleged insane appearances ‘of the accused, and said, that from the testimony of Mr. Behrene himself, it was ne, aa he hud testified that she was mn of the night the offence was com: , and he had also expressly sworn, that when she 's conscious. ‘That the jury pealed to as fathers and brothers—would it not be as well to make such an appeal in favor of the sons as at not be as well to extend evident that she w: in tears on the aft well as daughters, and wou some protection to men as well as women. recently told that there were 350 houses of ill fame in one ward of this city, and it was reasonable to s here were 13,000 public women who liv prostitution, who would be licensed to commit mur, der by the acquittal cfthe accused. All they would have to lo would be to follow out a state of those here presented, ond full license would follow to commit any oflence. Madame Restell, thirteen months old, the offspring, the illegimate offspring Let He then alluded t dt contrasted it with the offer of the de- fence, #8 she denied that she bad ever seen Ballard or the accused before the trial. That they had also ofiered ta show that Ballard and the accused ‘had an interview on tothe assault, when Mr. Behrene at his house all that also offered tu show that Mr. Ballord Hotel, in Newark, as Mr. Edwards, when it was only proved that he entered his name as Bul lard with the accused on the stage book for Sparta. Guanam—We offered to prove all this and can prove he testimony of ; 3! Look for an in: stant at the testimony of her history. Her sedncer saw her when she just started into life. ‘He became acquainted the evening previo had positively testified that she w put up at Stewart . Sanpronp then contended, that even if insanity was shown to exist two or three days previo sion of the act, it did not follow that she was it the time it was committed, He concluded with an argue ment to the jury, calling upon them to sustain the laws of the land, notwithstanding the feeling that had been mani+ fested in the cout room by the audience—that submission to such feeling would be moral treason, equally as culpar ble in a moral sense as treason against the liberties of the nation. The two broad extremes of the case was, whether she was competent to judge of right or wrong when she committed the act, or whe:her she was not ? This was t test, and the only test for the jury to decid ination of Corlis, as was ®' man, who bad never been detected, and dict was rendered in favor of the accused, every prostitute in New York would be turned loose to which the accused kad been placed on tri ‘The Recorver then roceeded to deliver the char; He stated that the assault of invent to maim, as also to murder, must be shown to be premeditated. then alluded to the testimony jury were satisfied of the commission of the act from these facts, the conclusion to be drawn was—did she intend to of the case, and said if the the instrument used was such as would destroy li and following that, made evident. from the nature of the the blow given. Her after de vevious intent. wen given to justify the act, nor had the detence contend- ed for such position, He therefore would lay down the principle, that no provocation could justily any act where time had been given to consider upon any real injury or offence. Much had been said of mitigating circumstances Such circumstances can never be received in testimony before the jury, but may be submitted to the Court in mitigation of puni He said that In the matter of the government of the minds of the jury was their own common sense view of the case, but that they should be satisfied that she did not know between right and wrong on the commission of the deed, or that she was violating the law of the land at the time. He then alluded to the point urged by counsel for the defence, as to the commission of the act having fol- lowed sudden excitement on her part, which, if they con- sidered to be corrcet, classified the offence under the head of manslaughter, on which she could not be convicted, as intent was not apparent in such view of the case. concluded by cautioning the jury as to sympathy, which he said should be expelled from their minds as well as from the minds of the court, in all cases of character simi- Jar to the one now presented for their consideration, ‘The jury then retired at 9 o'clock. The'buay hum of voices was apparent throughout the dense mass, and at eight minutes past nine we heard one of the officers exalaim— ‘“* Make way —order—the ju came into court ani breath jess silence. of her have agreed.” took their evats—all was jury announce their verdict, audience will suppress any marks of ay» lis this from them as a favor, although for the day good order has been sustained, New York audience, should be held eacred, and any undui feeling should not be exhibited within its precincts. Clerk will please to cail the Jury. Cusnx.—Gentlemen of the Jury please to answer your 1 ask it from a court of justice expressions of (The names were called, and the jurors answered. Cenx.—Gentlemen of the Jury have you agreed upon your verdict ? Foremax.—Yes, we have, accused NOT GUILTY! ‘The audience, or a greater portion of it, here broke rfect burst of applausi until it ended in three We find Amelia Norman the which Was continued fect rounds, by stamping of feet and clapping of hands, terminating in a perfect outbreak of expression, Covnt—Order—order—rap—tap—rap. ilence—order—hush—keep 4 —Gentlemen erder—You there, in the gal- it up and off the seat! —(Much agitatec ¢ not recorded the vi nt —Order—order—gentlemen, until we can record addressing the Court, ) ict. —Come to order gentlemen, if you please. [Order was finally partially restored, alteough the whole audience appeared to have congratulate cach other, and almost every man was seen shaking hands with his neighbor in congratulation of the result, and Messrs. Mornext, Guana and Canrestin, were surrounded by friends who were anxious to tender their meed of praise for their services. A Cny—The unfortunate girl has fainted—bring some m upon their feet to . @ jury as fathers, brothers and citizens.” Could they ay won thee oaths y at all, in the manner could not. They were the judg- es both of the law and the fact, He would conclude his r- nx—Order—Gentlemen of the Jury, do you say thut the accused, Amelia Norman, is not guilty, and shall the verdict be thus recorded. Forrmax—We Another round of applaus dience—amidst which the Court dischargad the jur the term, and adjourned till this morning at 11 o'clock, when several motions will be argued, but no new causes tried for the term, y we find her NOT GUILTY. here followed from the au- Common Council. Boarn or Assistants.—Jan. t to adjournment at 7 o'clock. Petitions.—Of John Deigan to be appointed city weigher granted. Or John Button to be appointed an inspector of lumber—granted. wts.—In favor of increasing the salaries of the seve- ral street inspectors from $600 to $730 per annum, the same to take effect from the Ist of January, 1844. The re- port and resolution was neg: —The Board met pursu- ed by @ vote of § nays and Puriivs, Esq. acting District Attorney, fol- bout 1 o'clock. He confined himself entirely to the testimony bearing upon the case, and the conclusions eech: at 2o'clock, by reading from the Extra Herald an extract from the charge of Judge Elmer, in the case of Singleton +1 Law Department.—The counsel to the corporation ad- ed he Board informing them ad decided for the plain- communication to that the Court of Common Plei tiffin the case of Daniel 8. Jarvis vs. the Mayor and Corpo ration, wherein the plaintiff intendent of stages, and the Court held that the defendants were liable unless they notified him of his removal. an appeal to the whole court they had held the decision to ji ult induced the counsel to organization of a Law Department. ferred to the Committee on Laws. ueduct—A communication from the Su- the Croton Aqueduct in relation to the hill of Jno. Brick, was ordered to be taken from the files, aidressed to the committee on th After this was disposed, Mr. the printed copies of document No. 22 be retained in the possession of the clerk, and that none be distributed to the members of the Common Council or to other persons, un- til the further action of the Board. w moved to add—and that all publishers of newspapers are hereby prohibited from republishing the penalty of the displeasure of this ned for his salary as super Tho matter was re- wantick moved that all ‘The resolution to suppress the document was carried by one vote, the veto on the news) ra being left out. ‘And the Board then adjourned t Courtot Common Pleas, Jan, 19-—Warmsley vs. Gray.—Quite a 8 yesterday in the Court of Common Pleas, in a suit tr day befor in which T. & R. Warmsley were plaint Gray defendant, bronght for the amount ‘The jury were sent rchase of goods, $143 85, out with directions to bring in a sealed verdict in the morning. They agreed upon verdict of $100 for the plaintiff, which was rednced to writing, and signed by At the opening of the court yesterday morn the verdict was handed in, and acceded to by ‘all the wo, who stated thi were then sent back. stances excited the communication nt and the two couple of hours, and info: no possibility of their a Of thers hel heen proc hed rel m 8 Appronc! in relation te the case by th defendant or his cecaedl, Mr. By L ino of them (a Mr Seaman) replied that he had not. ‘The other Mr. Wm. Bi. Humbert, admitted that he had hi communication with the defendant in relation to the c: of business, and that he had chan; in consequence of the information which had The Cont celled apon M e Cont 1 Spon Mr. £. ©. Gray, the counsel, know whether this wae ie accordance with any su by of his. Mr. Gray admitted that he had told ‘hi the defendant, to call upon tl whom he had a business dict ; but denied that he hi any thing of that sort eanaw anid that it was evident that there had been a most reprehensible course of conduct on the part of the defendant and the juror, in which the counsel had He informed the juror that he had subjected imself to punishment for allowing himself to be approach. ed, and to listen to the statements of a party, after he had The defendant also and his coun. sel had been guilty of a gross violation of the law of the It themselves called upon He should, therefore, consult rene, in whose family she aeey net pee as shown by Dr. M'Crendy. He conelnded, most eloquent, 1 changed their Certain circum. icion of the Court that some im- d taken place between the de- urors. After remaining out for a the Court that there was indge Ingraham sent ra whether either jarer (Mr. Humbert.) with intance relative to the ver- ested any tampering, or agreed upon a verdict land, The Court tice of this misdemeanor with the other ju of orger which wou! ject the parties © ‘The jury were then enable the Court to sal cerned to merited punishment. Essex County (N. J.) Oyer and Terminer. Before Judge Whitehead and a full Bench. Triat of Thomas Marsh for the Murder of the Wife and two Children of Gersham Cheddick, ut Newark, un the might of the 9th November last past. Tum» Day Exusan Kei.oas, sworn—Live in Elizabethtown; think w Marsh by sight, but not by name; saw him'a few before the fire, when he inquired for Mr. Day, whose office was near; he afterwards told the story of the two places, and the mode of exchange, &c., and said that the award was made up without his man (Ward) being pre- sent,and that he ought to have had $200 or $250 in his favor; 1 told him it wasa hard case, and he arked how he could get clear of it; I said I didn’t know; when he said he believed he would not give up the deed; I then told him he need not give him the possession, to which he an- swered that Cheddick had got that; [then told him that he could get them out; he said they hud entered into a strong agreement to abiie by the decision of the arbitra- ors; 1 then stepped out to inquire when Mr. Day would return, and Marsh went with me, and asked meon the way if fcould not go,and see Muliord; 1 answered no; when we got to Mr. Davis’ oitice Marsh went in with me, and we passed into the back office, where M. took bun: dles of papers from two orthree pigeon holes, and put them back again; I said he ought not to do so in Mr. Day’s absence, to which he answered he would not if 1 had not been with him; he afterwards took up some more papers from a drawer; I asked him what he was look- ing for, and he said his deed; we then went back to the front ofice together, when 1 went to ask when Mr Day would be in, leaving M. in the front office for about ute, and thep returned to the store; M veral times how he could get clear of his bargain; 1 said 1 did not know; when he asked iff could not go in when they were reading the deed, and get it and lay it aside where he could get it, I said he could not make such an arrangement with me; he then questioned whether he could not get Mr. Day 'to do it, and I said no, when be aid “well you might get yourselves into dilticnlty if you did;” in the course of the conversation, he wished to oflice;did’nt ‘agons drove ore is about jt Ml. asked me feet from RDay’s about dusk, and | went to a Day that Marsh was’ iu the store, when Mr. re‘and | went into my house; | alterwards went to the store to get my coat when M. wished me to go the office to hear what was raid; saw nothing more of Marsh that night; think this happened on Tuesday, 7th November; Marsh appeared to be in earnest aud agitated; think it Was the Thursday ensuing ofthe same week that the house was burned; have not seen Marsh since, till yesterd Wa. F Daysworn—I live in Elizaqethtown, torney at law ; was waited upon by both parti tion to th Marsh called first and stated he had made an arrangement with Cheddick to change places ; bout the 21st of last September ; he stated to already testified to; on the day alter that Cheddick ealled to know if Marsh had told me of the ar- rangement, when I said he had and repeated the terms to him, to which he assented ; the day alter that Cheddick and his wife called at my office and executed the deed ; a few days after that Marsh called to ascertain if Cheddick had executed the deed ; I told him y did not know whether his deed from Egbert was in New York, or in the Clerk’s office in Newark ; he called again shortly after and expressed fear that Gersham would not abide the arrangement if he should goon aud make his deed, and said that Gersham was irresponsible, and if the award was in his (M's) favor, Gersham would likely shift his property out of hix hands ; I then proposed that papers should be drawn with penalties in case they did not abide the award ; he said Gersham wos foolish for making such an arrangement, as he would hove persons there who would say the ‘place was wort! one thousand dollars when the arbitrators met ; suw cothing more of him till 28d October, when I met hin ond Cheddick in Newark in front of the Court House ; immediately spoke of their bargain and Marsh told ‘on and draw the article of agreement, at the same time mentioning the pen- alties ; when the award was recuived and bonds were made ont | was to deliver up the deeds to the parties ; I prepared the deed from Marsh, and a duplicate of the arti- cle of agreement ; onthe following Friday, he called and said he was going to Gersham’s neighborhood to stay all night and would be up on the next morning ; he came with Cheddick, and Marsh then executed the deed and Voth parties the agscement ; each article of agreement was signed by both parties and a copy given to each, | taining the deeds ; the next interview [had with Mr.M was on the evening of the day when the art itrators he was at Mr, Kellogg’s store; he took from hix vest pocket a piece of paper with an estimate of $850 upon it, and said" look here, Day, what the devil they have been doing with me ;” he said thoxe were the figures the arbitra. tors had made; he was much excited, and enquired whether he couldn’ get clear ot it; told him I didn’t know how he could, as | had drawn it strong by his request; he repeated the question several times; as | went to the door to go out he called me aside, and in an under tone offered me $00 to place Cheddick’s ‘article of agreement where he could come in the bj and get it; I declined, and left him to go to my oitice, where | remained in conversation with Cheddick and Ward, who were th out the manner in which they arrived at their result; as soon as they left, Marsh came into my office, and renewed his enquirie to getting clear of the award. He then wished meto go up to Mr. Mulford’s with him to indu in his award; I declined going, but sai well, [had no doubt, would withhold th were satisfied they had not done justice; they had not g’ ven in theirawardat this time; he then lett to goto see Mulford; next saw him the following morning about 5 o'clock, when he said he had seen Mulford, and that he was a queer man; he repeated his enquiries as to getting clear of theaward, when [aid he had better take cour sel of some one else, and sent him to John J. ( hetwood’s office, where he went, and in twenty minutes returned to inquire if Ithought Cheddick would move up and take possession of the premises tn Newark; | told him I thought not till the arrangement was fully completed; he remain- ed a few minutes, and then left saying, “Iam going to N York, damn it, don’t give up my deed;” on the evening previous he said he did not intend to abide by the award; did not sce him again till Traw him in court; some one left Cheddick’s key with me for Marsh, the same day ( moved up, Cross-examined —When | raw Cheddick I think they said Ward was not with the ot till they had made up their minds, and then diseenter ‘The Distaict Arronxey here propored to offer in dence the award, signed by the two referees, and whi had been deposited in thediands of Mr, Day, the last w ness, Mr.Harstrap objected to its introduction on the ground that the award wa* not alegal one, inasmuch as it was m thont the consent of the third referee, Mr. Ward, ‘The Count decided that it might be admitted as ev although they would not say whether it was a legal award or not. The following is the paper :— We, the subscribers, men duly chosen by ‘Thomas Q and Gersham Cheddickfin accordance with articles of agreement duly executed between them on the seventh day of November 7th, A. D. eighteen hundred and forty three, to judge and determine as to whether said Marsh shall pay any, and what amount to said Cheddick, or said Cheddick shai] ay any,and what, amount to said Marsh, as adifference between them on exchange of properties named in said articles of agreement, over and above the stipulations contained in said articles of agreement, do hereby certify that raid Thomas Marsh shall pay to said Gersham Cheddick the sum of eight hundred and fifty dot lars, to be secured by the said ‘Thomas Marsh, in’ accord ance with said articles of agreement. Dated Nov. 7th, 1943. Signed, JONATHAN MULFORD, WM. M. SHOTWELL.. talics show the words inserted by the two arbi when he said he G Hexny Wannon, sworn.—Live in Ferry street in this city ; have known Marsh ten or eleven years ; had con- versation. with him on the 8th November ‘about this arbi- tration ; he came in the victualling house where | attend and called for breakfast, and asked me if I heard him tell the arbitrators that I would not stand to the bargain they had toldhim I had; he then said f won't stand it, and shall want you before long, and he wanted me to re. member it ; he seemed angry and used harsh words by J— C— he would’nt stand it, and hed be G— damned if he would stand it; after that he went in the front shop where he met Mr Slater the owner ling house, and Jamet Wilson of Flizabethto ed if thet the third man ; Wilson thought they could , t! last} saw of him till I saw him here in Court ; this con- versation took place the day before the fire. Cross examined.—Nothing new elicited, Cuantes W. Batowrn, sworn.—Was collector of ar. rears of taxes in Newark in November last; know the property which was burned ; called upon Marah last fall Er the tax on it; think it wason the same Tuesday that the arbitrators met ; he first told he had sold the property, and then said that he was about trading it and it was in ar- bitration now ; said a man would move up from Rahway in a day or two and he would pay the tax ; think | have collected the tax before from Maish; have been collector for South ward 5 years, Crossexammed,—Think | coliected the tax of Marsh once during the 6 years; suppose the constables did it at the other times ; do not think that Cheddick ever offered to pay the tax ; it has been pail, it was paid with costs to mé Nov. 26th if it had not been paid the property would have sold for tax. ined in Chief—Received the jtax from O. 8. Hal- ith Nov., he paid it for Marsh ; (M. being then sworn—Liye ir. Newark; application was made to me by Marsh on Wednesday morning, No- vember &th,to effect an insurance on the burned property ; it was alittle before 10 o'clock; wished me to go and look at the property, which was the house afterwards burned ; on returning he told me he wished it insured for $400 or $350; told him it was too much ; he said the house cost him $400 and the shop $70; [ finally eaid [ would insure both for $300 at 1) per cent premium, which, with the po- licy, made it to amount to $ 50, for which I gave him a receipt for the premium, when he started for the cars, not having time to wait or the policy, whichwould have tak; probably 20 minutes to prepar he told me he was about selling the property, and asked if the insurance would in jure th assured him that it would rather help him By the Covat—Did he inquire,of you whether the fact of his being about to soll the property, made any diffe- rence in the policy ? ¢ Alle did; [told him no, but if he did sell it to let me know, that | mij transfer the policy to whoever he sold it to; he wish to make out the policy and send it to Rahway; | asked why to Rahway as he lived in New York; he replied that he was down there frequently and did business there; [ declined, as he would then hold my receipt for the premium together with the policy; he said very well, it is not very material; he insured it awa vacant building, and spoke shout some buildings having been burned r ago in that neighborhood, and he was anx. ious to have his insured; I thought there was a greater Price Two Cents. risk as the building time in years; Thave renewed policies for him on property on Which he held mortgages; I never corresponded with, or received any letters from him; 1 entered the policy on my register, but did not make it out; I never heard ‘that he had insured thut particular property before, nor did | know he was the owner until he called at the office; | went alone to view the premises; 1 valued the house at $300, 1am the agent for the Hartford Insurance Company. Q--Did you communicate in any Way with the prisoner on the subject of the burning ? ‘A—I saw Marsh, a day or two before his arrest; he did not demand the insurance, nor did he make a statement of his loss under oath, which is required immediately after the burning; it is necessary in that affidavit to state that the burning was not caused by any act of his, also the y amount of the loss; we generally require two or three aifi- davits; I have obtained the receipt which | gave Marsh, from him at New York, a day or two previous to his ar+ st; he sent for m messenger was Gerge H. Vernon, | brother in-law of Marsh; previous to sensing for me | asked here Marsh was; he did not tell me; as anxious to him; Vernon said he would go down with me to see Marsh; so | told him I would go the follows ing morning; we accordingly went down by the train; on the way down, Vernon imparted to me the whereabouts ofMarsh; we found him at No. 120 Bedford street, N. Y.; Marsh mentioned to me the burning, and asked me what the people said about it; [think the’ conversation w troduced by him;1 told him there was a great excitement among the people, in consequence of the family being burnt to aeathe he toldme the first he had heard of it was on the Sunday morning after the fire, from his uncle Sil- cox; it was in the newspaper; I heard that the arbitrators had met, and had given the award against him; 1 heard this from Gersham Cheddick, the morning after the fire; it was the subject of conversation among the people of the place; I spoke of this award ogainst him, and asked how he came to get it msured in his own name; he replied, that he did not intend to abide by that award, and that he had so informed the arbitrators, that for some reason or other they had valued Cheddick’s property too high; | told him the agency would dispute his claim for damage’ if he made any; | used the argument, that the property was be- longing to Gersham Cheddick; | further told him that 1 understood that deeds had been exchanged; he replied that they had not, but that they were in the hands of Mr. Day, (the attorney jand that not intending to abide bythe award, he thought he hada right to insure H; after urging it upon him, he gave me up the receipt; he appeared tobe very much troubled; I think he aware that he was charged with the burning of the b ing, and that there was 4 warrant out for his arr he id he intended to come on to Newark as soon as the Chief Justice returned, as he understood that a magistrate had no power to admit to bail in euch an offence; in reply to his question, | told him I did not know when the Chief Justice would return, that he was at Trenton, and might possibly return on Sat: urday evening. Q—Did you say any thing about re on the grounds that he was the suspecte A—I did; he said he was innocent; | told him heard that he had made a threat, that Cheddick should not oc- cupy the property; I told him of the hundred rumors [ hal heard ir ondec to Induce him togive Lp the receipt; 1 also mentioned the quarrel he was said to have haa with Mr. Shotwell, one of the arbitrators, at the foot of Court- landt street, N.Y. 5 Q—By Mr. Vaxpyxe—What reply did the prisoner when you told him of the story of his threats? A—I do not recollect; he said he had quarrelled with Shotwell; that Cheddick had offered his property fer $2500; I did not notice any perceptible change in his manuerdu- ring the conver hidny ba sald the on ge was false, and that he could account for himself that evening, and was proceeding to tell how he could do it, but I said he had etter not tell me; that if he could do so, so much the bet. ter for himself. Q—By Mr. Vaxoyxx—How long did the conversation continue before Marsh offered to give up the receipt? Mr, Hatsteap, Senr. (very warmly)—The witness did not say any such thing; Marsh never offered to give up thereceipt; you are mistating the witness, sir, You had better go back to Brunswick to learn how to take evi- dence, (Mr. Vandyke is the District Attorney at Bruns- wick. Me vais —I am not mistating the witness; I under- stand what I said. Mr. Hatsrrap—No Sir, you do not, or if you do, you do not understand what the witness has testified. | have as much patience as any man, but there is a point beyond which I will not keep silenc: Jndge Warrewean—Gentlemen, drop this; it is not proper, or necessary Mr. Hatsrean, Jr, (in reply to some words which fell from Mr. viet Attorney Chetwood)—We'll places with you, and thus settle the difference—[ tle spurt created quite a scene in the Court.) Witness—The claim for the loss sho’ made to me; the company at Hartford never pay any losses, the policy of which had been effected or renewed at my otlice, without previously applying to me. Cross-ecamined—I heard some of these rumors previous to going to New York, from Mr. Cheddick; the morning aiter the fire | went down to the ruins, and there learned that Cheddick had moved in with his family the day previous; I enquired where he might be found, and was told he was at his nephew’s house, Mr. Miller, in Liberty street; | went there and found the Coroner and several other persons there ; Cheddick then told me that he had just moved in ; [expressed my surprise that it should | ‘occupied so soon alter the insurance had been effected ; I think I heard of the quarrel between Marsh and Ched- dick, before the holding of the inquest he building burn- ed was the only one | had ever insured directly for Marsh; he did make application to me to inaure a building at ay ; hefleftan old policy with me, which had been ted with the Brunswick Company ; I never went to the premises. Direct resumed—It was in the October term that he gave me the old policy on the I s Wiitiam Wittiams sworn—I re ‘lizabethtown ; on the evening of the ninth of November I saw Thomas Marsh, the prisoner, at the Jersey Ferry, at the foot of Courtlandt street, New York ; it was about fifteen minutes before seven ; he was standing, confronting Mr. Shotwell, the witness previously examined. Q—How did you know him ? A—tI heard Shotwell call him by name ; I have no doubt bat thatthe prisoner atthe bar was the man; be was talking loudly to Shotwell, to the effect that he and Ch. dick had wronged him, he would have satisfaction ; he suid he had repeatedly heart Cheddick offer to sell_ the for $2600; I stood about four or five feet from quainted with Shotweil, | listened to hear ; the prisoner used many’ words ; be appear- ed quite angry ; he said he would yet get hold of a mort- gage of Shotwell’s, and t would have him in his power ; I did not know the prisoner before ; I do not r« collect any thing else particularly about what transpired ; he talked in a louder voice than people usually do; he left us of hit own accord ; there were several persons around ; I cannot name any other persons who were pre- h el in dark clothes ; | did not observe rly ; [don’t recollect that he had any- his hand ; Idid not sce anything more of him ve ter he left us. Cross-eramined—I left New York by the seven o'clock h ; it may have been five minutes after Marsh bad gone yy; Ithink he passed up in the direction of Washing: ton street ; | did not see anything of him on board the boat coming across ; 1 took the train for Newark, and then changed for the Elizabethtown train ; we stopped at the depot ; I did not are any thing of Marsh on board th cars; [cannot recollect whether 1 was in company with Shotwell! on board the cars ; were together on board the boat ; my impression is that we caine to Newark in the same car, By a Joxon—The cars stopped that night as usual, at the ting the claim, ncendiary ? rticuls irect resumed —When I last saw Marsh atthe Ferry passing round the baggage car, going up West and was about twenty-five or thirty feet from the ticket offic Fixen, sworn—Ifreside at Jersey Ci ptember; Tamengaged in atten ster; | know thi t knew him in 1822; J b ded at his fathe d two children, at Trembly’s Point, Rah way connty; Ma was living with his fe at the time jarsh, after that searon, for several years; [next saw him in Rahway, in 1836; we lived in the same town together for three or four yours, J saw him frequently during thattime; I think [left Rahway in the January of 1899, to reside in New York; I do not recol- lect having seen Marsh during the period I resided there e night of the th November, about a quar even; he was standing in front of the gate of ry, on the New York side; he was con- versing with Shotwell; I did not reeo her of thi men when I first saw them; the first observation | hear, and which drew my attention to the parties, was made by Marsh, who said, “Cheddick shall not live twenty-four hours in that house.” 1 heard Marsh tell Shotwell that he had robbed him (Marsh) of first $000, then $600 and then $650; he oflered to bet Shotwell $100, ond leave it 10 entlemen who were standing by, that he could the change by saying ; Marsh gave as a ren at Cheddick had never rm at more thi y ! the referees had given him $3,160; | then inquired where the farm lay, and Shotwell replied, “between Rahway and Elizabethtown; I made the remark that | knew the farm, and had been on it while [ lived in Rahway, Moreh turned round and 1 moved to the ter bet the Jersey City f i “1 know you—you are Mr. Finch, | said, “I am-—but | don't know yoir're name.” He said, “My name in Thomes Marsh.” I said, “What Thomas Marsh’ He answered, dress as soon ing as being the same as he had on that night ; he then re- newed his conversation with Shotwell about the arbitra: tion, and said thathe would have faction ; 1 thought that'the threats were made against Shotwell, and so | think Shotwell took them ; other conversation occurred but I do not recollect exactly what it was Q—What was his manner and temper on that occ A—He appeared much excited and angered, his lon gry ; he swore a little ; . city in the next boat ; it might have minutes after thefconversation that the bout came in waited the usual time; which is about five minutes Q—Did you see Marsh after that? Am Yea, he came over to the Jersey side inthe same boat with me; [sam him after the boat landed om the Jevery side; he was about three yards from the ferry gate, an the outside, in the direction of the railroad car office: 1 did not ve that he carried any thing in his hend that night Cross-ecamined.—It was rather a dusky i there were lights there [suppose we were about half way across when | saw Marsh; [had been inthe cabin before that; | went into the cabin immediately on going on board; as 1 came out of the end of the cabin towards New York, togo to the head of the boat, | met Marsh about ix feet from the door, going in the same direction, he was ahead of me, and as | Closed the door, he turned half round to look who was fol 6 WAR An; out of the way; he lived at that , lowing him; there ‘ew York; | have known him for two or three | vicinity, that | saw name, but the p another person on the deck in our ; Laddressed hun by ‘ # I cannot put into words; | have a strong impression that it was on the sub- ject of the conversation held outside the ferry gate jooked me full in the face, but said nothing, and walked to the bow of the boat, and | followed him; there were lights in the steerage house; Idid not address him agaius he walked to the right, and | to the left hand rail; | looked at him with astonishment; we both went on hb ut the two first that came av not wait for the rail to be removed; he was ahead of mo; my house is at the foot of Main street; we landed in front J spoke to Marsh rport of my rema: er; we were al ‘The court took a recess until three o'clock for dinner. Artennoon Snssion. Exisau Situ, a colored man, mouth near 8} worn—I lived in Mon- eet, on the Mth November last; [ Theard the fire bel! L going home, south Twas in the neighbor. ear Broad street; as L hood of Kenny street, that night, was passing down Broad str rushed across Broad towards Kenny had on a snuff colored frock cout, and the other had on a coat, | could not tell what color; it was a dark oy ; one of them was tall, the « my height; one of them had an umbrella, | co passed me by, and ran to Chu: enny street; then they stopped, and as of them, they ran again un’ a ny street; one of them either blue or blac! which one, they where it crosses I came within a few steps they came to Washington street, when they sto -d one say to the other, horse;” and then they went up Washington str were running in a direction irom the brick kiln; I saw the side face of the tall man; ] was then within two steps (Marsh was here directed to stand up.) The pri soner suits the tall man in height;1 cannotisay that he re- sembles him in any other particular, as 1 ouly saw the Jacon Suxritany swornI live in lower end of the city ; Gardener street commences in Mul- berry street, and runs across the Railroad to the side on ; 1 was at home and m bed on ealarm was given, | got up irection of the brick kiln; 1 went toward the place where the fire was, and saw aman coming from the direction of the fire, up Gardener street; just belore we met he turned out of the mein road and ran ba slough where he was up to bh had risen ; when | first discovered the mon, distant from me about the length of the room; within two redsof me ; he then changed his course and run through the slough ; | less it was to avoid ie ;'the night wus a kind of haz 2s light enough tosee whet road or in a mud hole ; there not say it was on the full ; t Uhalloged to him rdener street,nt the which the brick kiln Ti do not know for what else 1 one was walking on the 8 a moon that night; Tcan- nd the expression he used was, " nor do | care "from his munner of speaking ! thought it was Mr. Marsh, soon after he passed ; | could not say that [ thing in particular except by his voice; ja or a large stick; it looked more Itke an umbrella on his shoulder ; the man was pretty near the height of Marsh ; | have known Marsh something like ten or twelve years; | knew him at Rahway ichooner he owned, off and on, for h was the captain part of the time; I my wile, that night, that the man was t morning told Mr. Brown, in whose employ Thad seen Marsh the previous night ; | ean hat | particularly knew him {rom any thing else than his voice , 1 saw him run in the direction’of Mulber- ry street, as far as Gardener street, Jacon Munnay sworn—1 lived in the house that was burned, about three months ago ; | moved out about two weeks before it was set fire to; 1 fastened the by alurge stone which I kept’ for that purpose had not spoken to me about moving since last Ap it knew him by an he had an umbre! with him on board thought the lock was ver; the place was very ly, and I thought the stone would help the lock. ross-eramined—I used to lock the door at night and 1 moved out at Mr. Ched- ‘equest, who procured me a place to move to; I heddick that Marsh said J must not go out of the he stone against it also. Circult Court. Present Judge Kent. Jax. 19.--Henry Bowne et. als. vs. Camp & Terry.—ln this case the plaintiffy are merchants of this cit: ere formerly in partnership in “i the action was brought to recover the moiety 'y of goodswhich Terry purchased of the fs in October, 1841, and took a note in 1842, Terry came to this city and that their business was very bad in Buffalo, and that in consequence it became necessary to compromise with the creditors. representation, the plaintiffs accepted of fifty cents on the dollar, and gave up the note and draft which they held for half the amount. Subsequent to this settlement, the plaintiff's understood erry had repudiated the idea of their having compromised with their creditors, and denied veral persons that they were insolvent, and in conse- ce of such declaration, the plaintiffs repudiated their compromise, and insisted on being paid the bala: interest, and hence the present action. fence,it was set up that there was no question jury inasmuch as the defendants held the note and hich the plaiutitts had su all claim on their debtors, The counselffor the plaintiffs, , contended that there was aquestion, and a very material one, too, and that was whether the compro was made in’ good faith, and not efte The court held that this was a question for the plaintiffs counsel to go to the jury on. The court charged in several decisions of the Supreme ‘ad been settled that 9 compronu 50 cents on the dollar, is not binding on t! Yet, as the plaintifla wish the jury to decide on parties in eflveting this com- he purpose of this a the compromise was good, un- On the strength of this ed, and therewith ected by fraud representations. Court. The law the bona fide intentions of the he shonld for t show the jury that lexs made under fraudulent representations: the only question for the jury, and if they fot i i arid not made for the purpose o! WO cen fendants—if net for the plaintitt ‘The jury found for the plaintiffs, A. V. Lyon. For defendants, ien Women—James Curran and Wife vs. This was an action of ejectment to test hare of a house and lot in the property of the right of Mrs. € No. 76 Oliver strect as her her dow her late husband James Kerrigan, deceased. js it _was shown that the lat was a worthy maker of couts and other «in Chatham stre to one Mary Elli his widow dirconsolate, her out of the state of single ble matrimonial bliss. That he was married Mr. Curran came along and too edness into the state of was also shown that a deed been executed by James G. Finn and Catharine, his wife, in the year 1833, by which, for the consideration of $3750 Finn snd_ his wife convey 76 Oliver street. and Finn continued to rei ‘ouse, pay all the taxes, make all the improve { Kerrigan, and th widow, when the claim of the lady w mises in right of her widowhood, defence it was # Kerrigan all the istered until 193 marriage of his et up to the pre- up that this deed was conver- Mr. Kerrigan,by Mr. Finn, in trust to provide of his death, and that Ker- pretensions to be the ‘owner of the property, and that the truth of the matter was well known to his Widew, who never set up this claim until after her ii ircumstances, the defend- in interposing the following without heirs capable of suc if he owned any, ond that conse- rigan never made any ceeding to his real uently this property w ‘That the widow of Kerrigin could not succeed, because she wasan alien, having come to this country from Ireland in the year 1501, and had never been naturalized, so as to enable her to succeed to any realestate without a special act of the Legislature. On this defence, the case was year ago, and a verdict found for the de- fendant, and it now came np on a new trial atute, Several witne: 8 were exomined to show that Mra. Kerrigan had repentedly declared that rhe was proven, that her tather 'y about three y born in Ireland in the alma house in this ci ‘The case had not gone to the jury at the ti journment of the court. ime of the ad In Chancery. Before the Vice Chancellor Jax, 19.—In ve. Moses V. Beach, at the suit of his Wife for This case come up on a he petition of the complainant, which sets reported, and the care q., on the part of Mrs, nd by Charles O'Conner for the proprietor of tte Hif# Honor decided for the against the demurrer, with costs, giving the de sev Y. Beach, twenty days to onswer the allegations of ason of Adultery forth certain allegations not fit to} was argued by John Anthon, New York Sun. Court Calendar. Nos, 43, 97, 67, 6, 70, 65, 46, 47, 22, 34, 2, 8,07, 6, 97, 98, 64, 66, 26, 4, Common Pieas—No jnry trials this dey. or Massacnuserrs following table, taken from the Secretary of State’s ort on births, marriages an the population of the several counties in the State, according to the censs of 1840, and the number of mar- risges ant deaths in each from Ma The last column in the table inhabitants in the towns from which no returns have been received :— 1, 1842, to May 1. ‘ex the number of Population. Marriages. Deaths.