Common Pleas.
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DEC l9-Jdmes Spelman IS. Jacob SeaboH.-Ths was
action Of respass dam for assault and
battery alleged to have been committed by plaintiff upon
the person OF defendant under the following circum
sances:-- appeared in evidence that plaintiff 10
Gated upon lot of land belonging to the defendant su
ate between Sd and 4th avenues that when plaintiff hod
first entered upon the possession 1t comparatively
barren spot; but it is capable Of producing vegeta
bles &C. In the centre OF this locality plaintiff cted
small house, and placed around It a fence. In August
plaintiffs remonstratng with him, he seized hold OF him
by the collar and held his head in Threatening
II contended in defence that for the purpose
Of protecting the crop in said locality defendant had
erected said fence and under such circumstances he
entitled to remove 1t at pleasure and that assault
committed


The jury will render sealed verdict this forenoon


Qg- His Honor the Judge hereupon announced the
the Court would discontinue its sittiDgs until the Com
Council took proper steps make the Court Room
suitable for the accommodation of the Court and the pub


lie. he prevalence Of gas from the stoves rendering II
unsafe to keep the Court room open at present.