The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-01-06
CoURr OF SEssIoNs.-Before his honor the Re-
corder, Aldermen lngraham and Waterbury.

shows the same contempt for punctuality as IT mani
;es.ed last term and the proceedings are conducted
In the same datory manner.
The laxity of the Recorder in admitting criminals
upon every trumpery plea, TO drive off their trials
at length abandon rhsr cases in despair, and the cri
mlnals, laughing in their sleeves, at their ability in
thus cvadng punishment, set at large and cacu-
latlng on thelr cnances OF escape, proceed to the
cuted recommence the same system of procrastna-
ton, and by it. in oil probability, again slip through
the hands Of the law This tamperng with justice de-
serves especial reprobation The system is most
infamous one, and it would well become the Record
er, before he undertakes TO remodel our criminal
courts, to show his fitness for the task by remedyng
existing abuses, whieh, being done, some little faith
| may be placed in his future legislation.
| II is an insult upon jurisprudence 10 see counsel
continually rising and making motions for the post
ponement of cases, with scarcely the shadow of an
excuse and even that supported only by perjury and
| fraud
Bat the fault OF this lies not in the defending coun-
sell he is paid to drag the criminal, per fas ant ne
fas through the meshes in which his delinquencies
have involved him. But the iniquity rests with the
presiding judge who permits such an insult to his
unaeT standing and the Preparation of such an injury
| upon the plaintiff
The court of sessions has fallen into miserable dis
repute. Let the Recorder set about doing something
to retrieve its characters and afterwards devote his
attention to whateser reform in our criminal iurs-
! prudence, his honor may deem proper requisite.
| Wedncsday.-The Court opened this morning
irfc short of an hour after the time appointed when,
a jury having been formed, the following prisoners
were put 10 the bar, VIZ.
Thomas Hyer John b. Martin alias Franklin Fish
| err, Abraham Vandcrzee alias Van Vakcnburg, and
| Thomas Larue, implicated with James Darby Tho
! trial Of James Darby put off Until Thursday1
! For the prosecution, the District Attorney called
| witnesses under:
! Alderman Erben, era7nined-'I was called upon
the night of the rotng to que the outrages then car
| rying on. could not Immediately leave my at
the Board of Assistant Aldermen, IT being session
night. As soon possible, left the Board and
mustered number Of watchInen, perhaps as many
as thirty. / traced The rioters from number Of
places to the corner of Pearl and Chatham streets,
where had them arrested. do not know the pris-
oners by name. know them by sight The prison.
ers at the bar persons who were pointed out to
as the rioters. saw them myself scuffiing and fight
Cross eramined-S scuffng and fighting there
Saw the prisoners engaged. Ispostye the prisoners
are the men.
Henry H. Marshall cramined--I saw the prison.
ers at No. l55 Anthony street. man of the name
of Martin also there. This is the person who
his name as Franklin Fisher. keep an oyster eel
lar The upper part is let TO a Mrs. Ann Wells
There females board in the upper part. l have
nothing to do with the house.
Cross eramined-I do not know how many fe-
males board in the upper part of the house. do
know what they do for alivng.
A stop was put by the Court to this cross examine
ton, being admitted that the inmates ofhe house
Examination resumed-I am certain the two pri-
soners at the bar (Hyer and Vanderzee) the men
who created the disturbance at my place.
Nfafthelc Coplin, examined / reside on the
ner of Pearl and Chatham streos-I keep a refectory
II saw Hyer and Vanderzee there the night Of the
18th December-The first disturbance saw was
Hyer having hold ofa customer, and Vanderzee inter-
fered to keep the peace-Some other person stepped
up and spoke something to Hyer, who struck him,
, and Vanderzee again interfeed to keep the peace
That all the riotng there that nght-vanderzee
had his of, but do not know why he had taken
it of-only one person was knocked down-Hyer
struck him-I do not recollect pointing any person
out to Alderman Erbcn-At first there was great
deal of noise but by the time the watchmen came, it
was pretty much overall the prisoners have been in
the habit Of visiting my cellar
Cross-eramined. The prisoners have been my Gus
toners, and have always been ordeIly-The person
whom Hyer struck said something to Hyer first, and
Hyer replied cit was none of his business"
George Neodam, No. 1873 Anthony street, was then
examined. His testimony merely went TO confirm
the statements of the preceding witnesses.
The case then went to the jury, who, after retiring
for about twenty minutes returned with verdict Of
GUILTY, against Thomas Hyer, Abraham vanderzee
alias Van vakenburg and Thomas Larue; and found
John b. Martin alias Franklin Fisher NOT GUILTY.
To second Indictment against them Thomas
Hyer, and Abraham Vanderzce alias Van valkenburg
pleaded guilty.
Upon motion of Counsel the trial of the above phi
soners on third Indictment was postponed until the
opening of the Court at IL o'clock on Thursday. The
Court then adjourned.
Thursday--The Court as usual was behind time
but not quite so much as yesterday. On its opening
after some unimportant business had been despatch.
ed-Tbomas Hyer and Abraham Vanderzee, aiios
Van Valkenburph. ON a third Indictment for riot,
and John Il. Martin, alias Franklin Fisher on a
cond indictm ,nt for the same offence, and James
Darby also indicted for riot were put upon their
trial. The riot WINS alleged 10 have taken place at
Matteo Carraciolfs wine and fruit store No. 309
Broadway.
A jury having been formed, the following witnesses
!, were sworn and examined: Mr.. Schuyler acting rs
interpreter.
Rcniot Welfy eramined-The not took place on a
Monday evening" do not recollect the datc-I
in the store AT the time. hid gone there TO procure
n bottle of wne-I struck while was there
, That is the person who struck me-[Hyerl-Is not
certain to the oher-[Darbyl-Is certain ms to
: other Martin. The reason why was struck, was
, because when the keeper of the store struck
interfered There was so much confusion, that
cannot distinctly remember who struck the store
keeper. Is able to swear il Martin who gave
him the blow. He wore that night a yellow over
coat. cannot recognize Darby.
Hfrffeo Caracioi erdmincd-(Mr. Stoppani acting
as intcrprcier.) am an Italian. i in the store
300 Broadway the night Of the riot. think there
were twenty five, thirty forty persons abont the
store. lIauehtorI cannot tell how many. Three
or four persons into the store and took from the
shelves two boxes Of nuts. They emptied the boxes
aud put the into their pockets. Another person
bought two oranges which he paid for | cannot
cognize any Of the prisoners.
William ~. Merritt eramined-I am bar keeper