Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-08-10

Will then turn out to be fortunes The decision by
the Court Of Errors is Of the hardest character-a
species OF scofocoism throughout Heretofore, il has
been customary fer fathers devise their property to
grandchildren, in order to prevent their thought
less sons or daughters from spending it. and thus
impoverishing the second generation This custom
is now declared illegal. An old fellow dying can
only devise his property to his next kim proved to be
such by law.
Under this rule therefore, i. is thought that the will
of the late Mr. Rapeie will come and that his sepen
millions of property will be divided among his legti-
mate collateral descendants. If such should be the
case, Mrs Rapeljie, now Mrs. Chabert, will come in
for a sum over tpo millions. bit in these
days.
Court OF SESSIONS, Aug. 9.-Before the Recorder,
Aid. Smith and Greenfield
Mr.. Shalsr made motion for the discharge Of Ma
ry Ann Thompson, indicted for passing counterfeit
money. The court discharged the pr soner from the
Indictment tive terms having expired without the
prosecutor apearng,) but ordered her detention as
witness, her evidence being of great Importance IN
prosecution now pending.
The Grand Jury came into court having found Sc
veral indictments; They were for trifng offences,
petty larcenes only.
Trial of Patrick Groy and others-second day.
Mr.. Brady opened the Defence and Mr.. Morrel
called and proceeded to examine the following wit
nesses.
Thomas White examined-I was going home on
the night of the riot; heard Gray tell the Waterman
he had wake in his house, and that he did wish
them to enter. Another man at Gray's door said
" No one here has done any HARM" The watchmen
broke open the door with stone thrown by one of
them.
Thomas W. Martin, examned-I saw the watch
man strike woman; said" It's id shame'
they sad-"Hold your gab-you're one of the id
rioters" Witness hastened away being fearful he
might be injured if he remained
Mr. Phenix then recalled and examined for the pro-
fhp fO OyVInU xxItn
Daniel Munsen, examned.-l heard no cry of MUIR
der or any disturbance in Gray's honse went with
the other to arrest the rioters; the rioters were
not in Gray's house.
Hiram Dodge, examined.-I received blow from
man who came from another house. The man did
not come from Grays house.
Question-Has not MI Quick said he did not wish
to give evidence?
Answer have heard him say SO.
Question-Was not Quick threatened by the watch
man, i he did not give his evidence against the pri-
sOner7
Answer-There were no threats that know Of
William Lloyd, examinod.-I was at the riot; when
/ got there, there were perhaps twenty individuals
standing together; when they saw the watchmen,
they ran into Grays house; the men threw wood and
bricks from the windows; the women also took part
in the atlray bottles also Throwing the watchmen
made rush and got into the house; before this Mr..
Gray came out; he said he VAS sorry to have such
disturbance in his house, he said 1t was the in
side he could not help it; when got into the house
l Gray and his wife; the wife had the dead chil1
in her arms; told her not to be afraid no harm
should happen to her her husband; did not see
any injury done to the corpse; / did not Mrs.
Gray taken of the house; do not believe she was
taken out.
Here some desultory conversation took place.
Mr.. Brady said that upon leaving the court yester-
day. a Waterman, one of the witnesses followed him
and exclaimed, "d-n you and your five pointers;
next time | go down among them I'll have veR-
geance." Mr. Brady said mention this merely TO
show the feeling
For the defence.
Michael Winks, examined-I opposite Mr..
Grays house when the watchmen came up; l saw the
watchmen pick up brick bats; saw one Waterman
in particular; Waterman held a large stone and
battered the door with III saw watchman take the
rung out Of my car cannot say what he did with if;
he presently put II into the cart again. the Waterman
did get into the house before they broke the door
and windows; when first saw the Waterman there
were two or three standing al Grays door talking;
one ofthem went away; then saw crowd ofwatch-
men coming.
the watchmen came; only at first saw the three
watchmen; heard the watchmen talking to the peo-
pie inside; did not hsar what SAID; the stone
thrown by the Waterman appeared to strike the win
dow; thought so from the noise
William Ross examined-There no noise in the
house Of Gray until after the watchmen broke in;
a Waterman throw a stone about thirteen pounds
weight; il broke through the windows when the watch
man broke open the door Mr.. Carrigan came forward
and said "If there any here who has done wrong
will turn him out with you" The watchmen rushed
in and struck all before them; they struck the women;
some of them were badly hurt; was struck myself,
not very hard
Mr.. Morre here cited from Achbold's Criminal
Pleadngs p. 4i6 showing that persons together
at wake and fghit is 40 riot, unless they previously
form sides.
Patrick Fayerty, examined-I heard a disturbance
the night of this riot II commenced believe, be-
tween some young men and some girls after this
was quelled a new disturbance commenced; did not
see the beginning of it, heard cries of Down with
the Irsh-ki the damned Greeks" you might hear
the blows Of the watchmans club two blocks of.
DR.. Sweeny, examined-Some time in the month
of February last visited named Carrigan; he
was seriously injured
Here the evidence closed on both sides and il was
agreed to submit the without any comments Of
counsel
His honor the Recorder then briefly rceapitulated
the evidence.
Mr.. Grady requested his honor to charge the Jury
that witness unimpeachsd was to be believed.
The Recorder saId he should state the rule dis
tinctly. The rule was, witness unmpeached was
TO be believed, provided he did not mpeach himself
or testify incredlbity. II was not specially me-
cessary TO impeach witnesses veracity, to render
his evidence unavailable to the jury. The Jury them
selves had the right of determining what, and what
not was worthy Of belief.
The jury then retired ard after an absence OF two
hours returned into Court with O verdict of guilty
against all the prisoners with the exception of Patrick
(.royo Corvt