The herald. [volume] (New York [N.Y.]) 1835-1837, 1837-02-13

CouRr OF SESSIONS Saturday Feb; Before
his honor the Recorder, Aldermen Whitehead and
Wheeler.
At noon this morning the Court opened, when
Henry Seeiy and Margaret Seely, alias Seeny were
put 10 the bar charged with notwithstanding stolen
goods--twenty and half yards of broadcoth, valued
IS per yard; the property Of Mr.. Jacob " GARNER
No. l73 Spring st.
Mr.. Phoenix, in stating the case to the jury, said
The property IN question: for the receiving of which
these persons stand charged, was stolen from the
store of Mr.. Garner, by the notorious Charles John
son Rivers who has already been tried and convicted
for the offence. About seven and half yards were
found the prisoners house, No II Thompson street.
concealed beneath his bed and in chest also belong
ing to the prisoner another portion was found. Be-
sides this CLOTH there was quantity of other stolen
property found which, from the prisoner situation in
life, it was morally impossible he could have come
honestly by.
These facts shall prove by unimpeachabe ,esi-
mony and the chain of evidence is so strong that /
think it impossible any doubt of the guilt of the prso
nerscan remain upon your minds.
nesses, when
Mr.. Brady rose and made an objection to the indic-
ment.
81 am not engaged as Counsel in this cause" said
of Mr. Flanagan make an objection TO the word
ing OF this indictment. This is the wife of the
prisoner, in the paper hold in my hand she is de-
scrbed as single woman"
Inc nec0IueI Let the lnulctlneAt De read.
The Indictment was read and the fact ascertaned
to be as Mr. Brady stated.
Mr.. Phoenix rose and stated some objection to the
course of the learned counsel.
Mr.. Grady interrupted him, and with some warmth
said If this woman, your homer, be converted
into spinste she must be res infacta as Dido said
Ed Ed ssd asns .s oss sS OH oA
Mr.. Phoenix seemed to be quite overpowered by the
superior learning of his opponent. He gave up the
contested point and consented to nolle prosequi as
regarded Margaret seely. The trial of Henry Seely
then proceeded.
stolen from my store. found it in Seey's house;
went with search warrants police officers, King and
Tompkins went with me; we found a part Of the
cloth stolen from me in chest and another portion
concealed under Seelys bed.
Cross examined. ana certain the cloth found there
mine; can swear TO it, by the circumstance that
had cut a circular pattern for customer of mine
when l compared the cloth found at Seely's, with
this sample, they coresPonded exactly, In color and
texture
Mr.. Flanagan. Will you undertake to swear to
the cloth merely because IT correspondent in texture
and cOlor7
of cloth found at Seeys, there was circular hole
into which this pattern have spoken gifted exactly
Mr.. Flanagan-And kom that you swear to the
cloth
Witncss-I de- there can be no mistake about it!
Mr.. Phenix-What was the conduct of the prisoner
when you went to search his house?
Witness-It was extremely violent; 80 much so,
that the officers were obliged to handcuff him. When
we went into the room the prisoner was lying on the
bed his wife said he was sick; when we told him we
must search the bed he jumped up and swore he
would stab the officer.
Officers King and Tompkins corroborated this testi-
in the prisoners room which proved likewise to have
been stolen.
Mr.. Flanagan, for the defence commended that il
was incumbent on the prosecutors to prove that the
1 - a. 49,
The indictment charged that 20t yards Of cloth were
stolen; there were but n found. This the learned
counsel thought ought to entitle the prisoner to
qutal.
In support of this opinion the counsel quoted Ros-
coe on Evidence, wherein il is expressly laid down
the finding must correspond with the indictment"
second reason urged for the acquittal Of the pr
soner was this, extracted also from Roscoe, viz
"Where two persons charged receivers, tits moi
sufficient to show that only received the goods
| the proof must be brought home to both"
Mr.. Flanagan also urged, that in case where siy
promissory notes Of l00 each had been stolen, ant
It being proved that the prisoner had only received
Portign of them 1t was ruled that the prisoner mus
Mr. PhGnix inTeply argued that if the learned coun
sel0rs maxms Of law were to get n,o practice Their
could be no possibility Of convictng receiver Of sio
len goods. All he would have y do, would be 10 de
l stroy portion to make sure of bis acqui,tsl.
But the fact was not as the counsel had stated.
was true that the rule hadbeen for the acqutta Of IN,
prisoner in the l00l note trial, stated, but il or
this ground that the party hsd not received either tn,
whole or portion OF these stolen notes. but merely
portion of the proceeds arising from these notes II,
therefore maintained the counse's srgumentto be en-
trey rreveent 10 the in question. The Distric
Attorney then called the attention of the Jury to the
conduct of the prisoner and also to the fact Of hi
knowledge Of the bad character of Rivers.
The Recorder said the District Attorney has tn
ken a sound view Of the point Of law in contention
There can be no doubt Of the prisoners guilt
The jury, after deliberation Of more than an hour
returned this verdict-Marearet Seely not guilty.
Henry Seely guilty, and recommended hmm TO tn
mercy Of the Court.
FRANKLIN Ta.AraE.-This house has been dong
a great business Diving the last week. with Fasstus
which is an excellent piece and very clevcry got up