Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-10

and Jen Reckhsw, and watched them Finally one
came roHnd close TO him, and whilst he was looking
after him, ne directed Mr. Brock the jeweller to in
Snna 'he sSconeer that they were present This
are pickPeckeis in the room" This caused great
Gommoton. How do you know, said spectator
don't KNOW said Mr.. Blocker, Mr. Brock told
me. " How do you know, Mr.. Brock" said ano-
iher. 81 don't know" said Brock, Mr.. Huntington,
the officer told me-"
On! oh! Huntington-ah! ali then there's
something init" "CIose the DOORS" said Blocker,
but before he could do so one ran out and escaped
with hepccke-book of Mr. Robert Bayey. Containing
over S5U and the contents of adys retlcule contain
lng $40 or SIS in cash. Williams and Reckbow were
searched but nothing found on them They are re-
'naHed Tor examination.
rha.i .. GiRcuIT Court, Jan. 9.-Joseph Collins and
onaIies kodrck LIST and I'd mates of the Harriet
MeaJ 'rea ior assaulting Mansel Grant and Jordan
raashen Two seamen, on the high seas The men
swore positively to the aggravated assault bnt M
NORTH py clever cross examination elected GO
Inucn discrepancy In their several statements that
which they did. f e pi'SoheiS
The Court decided today on the case of Richard
Sheridan and j. 5. Croker late master and mare IF
the schooner Aurora, wrecked near Cape Has.
on her passage from Havana As there ,as 1870
dence 10 prove that they willuy ran The ress,I -,
shore at the time and place that they did Jndoa
Belts decided that he could not hold them acco,ntab
Tor that charge; but as there pretty strong ey;
one VI the or Dom together Stole
four thousand dollars from her that were shipped a.
Havana he committed them in full 10 an wer for that
robbery; and they forthwith to be delivered nm
to the custody of theproper officer and sent to North
Caisllna, where the robbery committed for trial
Capt. S. both owned and commanded the vessel.
which, with hercargo was insured in this city,
CouRT OF SESSIONS JAM 9-TRIAL eF Tozrp-
Charles Tozer was psf on his trial on an Indictment
charg him with obtaining "a lbs of ham from James
oomerndyke under false pretences, by giving him
three 81 bills purporting 10 be of the " Jefferson
Banking Company" which bills were fraud as the
sad company was not in existence.
Mr. Phenix stated that Tozer was indicted under
the Revised Statutes VOL 2 part 4, chap. l. article A.
section 3d. which stated that every person who with
intent 10 cheat or defraud another, shall desrgnedly
by color oany false token writing or by any other
false pretence obtain the signature OF any person TO
any writing or instrument, obtain frem any person
any money personal property or valuable thing.
snail be punished by years imprisonment in the
sonment
Mr.. Somerindyke being sworn, said that he called
upon Mr. Tozer for payment of bill due for the price
OF the ham, when Tozer paid him the three two dol
lar bills.
Counsel-When was the ham delivered?
Witness-Six weeks previous.
Counsel-Was there any delivery of the goods Of
the VINE he paid yos2
Wit.-No, Sir.
Counsel-Then the indictment for false rretence
cannot stand
Ceurt-Oh, no! we cannot convict of false pre-
tence if there was no delivery of goods at the time
OF making that pretence. 1t has been so decided by
the Superior Court. And in the case of Hayne which
was carried up from this court the Superior court
confirmed the decision of this court because they be-
eved the delivery of the goods was obtained by the
false pretence, but the Court of Errors unanimously
reversed the decision because they believed the last
false preience to have been made subsequent to the
delivery.
The jury. after a few moments elaboration found
verdict of not guilty.
The District Attorney then stated that he had other
indictments TO try him on.