The herald., 1837-05-04

of the prosecutors; the prisoner at the bar came
store and ordered suit OF clothes TO oe made ior
cash. and sent to the City Hotel; the order was exc
eutsd and by the porter but the bill has not been
paid.
Cross-exa nined-I did not deliver the clothes, but
saw him taking the clothes oil in Chatham street.
John Lewis examned-l delivered a suit OF clothes
TO the prisoner about 3 O'Clock in the afternoon !;
can't say i'll asked for the money; he told me TO wait
until he had tried them afterwards he came down
and said he would call and pay for them that night
or tomorrow morning.
Benjaman Levi examined Saw the prisoner al Mr.
Lumeys store; he wanted to sell umbrella; while
there Manchester came in and said he had not paid
fol the SUIT OF clothes he hal on; prisoner said he
would returnthem.
The District Attorney and Mr.. Saxen having adj
dressed the court and jury, the Recorder remarked
that he thought it would be very unsafe TO convict
the accused
The jary acquitted the prisoner.
Joseph See was indicted for manslaughter IN the
third degree.
The District Attorney stated the case and explained
the statute law TO the jury The prisoner had caused
the death of one Charles Dougherty, on the l4th
February last, at Kps Bay by striking HIM on the
head with shoe makers hammer
Richard Manning examined.-kaew the deceased ;
accompanied him ts a dance on the l4h OF Februa-
nv las-deceased and another rson got 10 the house
frst-I went out TO the door and heard female
screanl-went back to what the matter was-saW
prisoner strike the deceased with sharp looking IN
strument-the blood Immediately flowed down de-
ceaseds forehcad-The deceased was good deal IN
toxlcated.
Cross-examned- Heard no screams coming from
Sees rooms-The deceased was glass blower
heard quarrelling but did not see any door broke
open-Deceased never returned TO his work-he died
at the hospital.
Thos Heviling examined-I went to Warrens,
and after the deceased cut, went up stairs to
look at the ball-heard deceased cry out, and came
down agaa-he had bad wound on his forehead
/ took him home to 18th street-from thence he was
taken TO Bellevue hospital.
Crssse examined deceased went up into the
ball room after he had the blow from tho prisoner
Nathaniel Warren, Examined.-l went TO bed and
my wife nd prisoners wife went to the ball-heard
noise as of men and women fighting
Adam Hoffman, Examined.-l saw the prisoner
next morning after tae airay-Mr. Sutton was with
me.
John A. Sutton, Examined d-Accompanied the last
witness to the prisoners house-heard conversa
ton between them-prsoner said he had struck
man, and should like to see him.
Dr. Allen, Examined.-I attended the deceased
he died of lock Jaw, produced by blsw on his head
/ do not think he could have recovered from that
blow.
Cross Examined-I do not think that exposure or
intemperance, produced the mans deah-there was
disease of the brain-I should call it Ietarus, -
derstood him to say that he had fell down. l exam-
ned his dy after death-could not any mark or
bruises.
For the prisoner,
Miss Warren Examined Il was at the ball-look-
cd into Mrs. Slee's room and saw a man here-Mrs
.Slee ordered him out, and asked me to stay there
while she etched her husband Deceased came in,
and prisoner followed him. 1t twelve o'clock,
or laer-prsoner said he wont tell me what you
want or go-Pl make yeu.
Cross Examined.-It was hoe that prisoner
struck the man with-saw improper conduct on
the part OF the deceased.
The Jury acquitted the prisoner The Court said
they fully concurred in the verdict.