The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-02-20

q 5 Does Mr. Manager Simpson intend 10 go be-
fore the Grand Jury to have Col Webb indicted for
the Wood Riot? Letus know.
CoURT OF SESSIONS, Saturday, Feb. lSth-Bcfore
his honor the Recorder, Aldermen Whitehead and
Wheeler.
On the opening fthe Court, Mr. Western rose and
said, "ln the case of Day ard Beach, find have
not had sufficient time 10 make out perfectly the bill
of exceptions Therefore beg your honor to make
al your Office on Friday next.
Mr. PhGnlx opposed the notion He said, II am
always anxious 10 get rid of cases when once they
have been determined upon by jury. have served
notice upon the defendants that should press for
judgment during the present term. see no reason
for your honors granting the application.
Mr.. Western, in reply, said the fault of the delay
did not rest with him. Sometimes the plaintiffs
counsel would be absent, and sometimes the defend
ants counsel would be absent. Thus the case has
been protracted.
|, Mr. Sherwood supported the application.
Mr.. PhGnx-l must again impress upon your honor
that cannot take any blame myself for the pro-
cras,ynation Of thscase. Three months has already
elapsed since the oase tried, ana yet we have
bill of exceptions signed and sealed by your honor
If your honor to order stay proceed
ngs well and gooc-l shall then have discharged my
duty, and the matter will have passed from my hands,
I The ,gument WIS finally set down for hearing On
Menday week.
Mr. Morrell thenrose and sad-"There is person
whose name has been signed TO the call Of the meet
ing in the Park joan Wirft. He is anxious to pro re
he has not commifted any offence against the laws Of
his country and therefore begs day appointed for
his trial ms en- ly aspossible. For the present ente.
plea Of Nor GUILTY.
The Recorder-ks early day as possible shall be
fixed, after the close of the Session.
The Recorder then proceeded TO pnss Sentence on
the following prisoners convicted during the present
term
John Thorn. aisos William hnsen-Burplary in
hrpa rUfo he nj II
Carman No. 55l Droadway-sentenced to ten years
in the State Prison.
James Ruddick--,tterng coun serffit 500 biz al
wm sentenced to five years md six me ashs
William Schmnit-G;sandLa Larceny, stealing je,ser,
from Charles Tooe-Senenced tos three years anc
six months in the State Prison.
Tho Court in oentniatisn, then proceeded witt
the case Of
james Gordon Bennett against Thomas s. UAmb
lin, Jared W. Bell Geo ge Blythe, and John Boerck
charged with ror and assault and battery on thu
prosecutor third'day.
Examination Of Warren Draper resumed--By Mr.
Graham-I wasain the office of the Herald from thu
commencement ofthe scuffie until the police officer
came; went Though into the passage Of Cir con Hal
Bennett and Hambhn were ina position ~ If strug
glire each had hold of the other; wens out will
Hambn; do not recollect il had hold of Ham
blin's arm or not; might or might not; thinl
neither BoeIck or Blythe went with l think saw
Blythe at the ia-crn in Ann street, 10 which went
| saw Bell again that evenings; IN the Park with Ham
bin did not 90 10 the Assor House that evening
| Hamblin went was there that night; / saw Harm
bin there and also Bell Flynn was also there Id
see pistol there left Hanbhn and Flynn there;
do not recollect if Bell was there not don't re
collect xseeing Blythe at the Astor House, or an
| where else that night; know Eslers do not recoI
lect speaking of this affray except casually day o
| TIVE ago probably have conversed with him on thi
subject Mt house in the. Bowery; cannot remem
Der what was said; probably might have spoke
respecting Hambln; heard part Of Esler's 'ev
| dence yesterday
Cues What yeu dad hear, did il correspond wit
/ kis conversational
Question objected TO. Ruled to be correct
Winoss.-I did net pay particular attention TO wha
| he said Yesterday.
| Ex resumed l have not said TO Mr. Esler, Iknoy
| nothing about il / have not said MIR. Hambln wa
intoxicated, and that caused the afIray. Mr.. Hambli
has said that he was driven on by others. think h
might have said he regretted the affair. don't reco
lect said there nothing 10 regret. have said
saw part Of the ARRAY. did not any part of tn
afTray through the window-nor from the stree
While was conversng with Mr. Esler there was NJ
other person in the Office had no GRAND there.
frequently wasin the habit Of calling there. I canno
say how Hambln, Bell, Blythe and Bosrck were al
casually there at the same moment.
Ques.-Do you know the reasons of their bein
there7 [Obected to. Gverruled. have rot sect
Mr.. Boerck since saw him at the Herald Office.
Cross ex by Mr.. Western. We came from An,
street to the Park. do not know that Mr.. Hambll
went to the police Office II might be half an hour al
ter we left the Herald Office we met in the Park
When the door was open Hambln and Bennett ha
hold of one another. Hambln was demanding Al
apology. Almost Immediately, Mr.. Bennett asked 70
chair. This was after the door was opened. / di
not see any skin off the face of Mr.. Bennett
| Cross-examined by Mr. Sanford.-I think ] ha
not seen Boerck more than once before saw him !
the Herald Office ] may be mistaken in Boerck nav
| ing been at Bells previous 10 this occas'on
| dined frequently at Bells was then convaescen
frem fever; was under the necessity OF aestan,n
from wine; think must have leh Hamblln =, pen
| Nv Mr. Western.-May YOU not DC mistaken J