Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-17

Waterbury.
robbery ,pon William Post on the l4ih of December
last was resumed. The jury was empaneled with
bat little delay difficulty, and the trial proceeded
For the prosecution, Messrs. Phenix and A. Nor
rlll for the defence, Messrs Tallmadge Maxwe,hl-
kerr Brady and Shaler.
Phcnx, district attorney, briefly stated the case TO
the jury, and called John Qack, who deposed as fol
lows Knows the prisoner, and has known ann al
most months; first became acqaantGd win MN al
his own house prisoner frequently called on him at
his house, MRS. Gerard's;) John Nowlan also came
there with him; also saw Newlan afterwards ire
quently at 1racys House, in Sheriff st. IL was mere
that all became intimate, and the subject OF the
robbery was introduced Tracy said that ne owned
three lots, and owed 81 600 of them; that ne
must raise the money; ne knew how It could De denc
and that handsome sum over would be obtained al
the same tine said ne knew Mr.. Post had money
as he had dealt with him to the amount of $50, for
clock varnsh; said that Post always went home
about dusk, and always carried with him $4,000 IN
tin box. Prisoner offered to take US down and shew
us where Post lived; we assentsd, and went wethen
agreed TO rob him. and went down for that purpose
or nights; were always prevented by something
either too many passing, or nights too light. On the
night question, went down as usual; overlook Post
opposite the old Franklin Bank
William Post, upon his examination, stated the
manner of the robbery, and that Tracy ne identlfed
particularly, the chefacor in the outrage he was
robbed of $l70; there $50 note one $40, one
S. some silver and copper, with five or six lottery
tickets; these were in a tin box, wrapped round with
bucksain, and covered with silk handkerchief.
Some of the lottery tickets afterwards cameup small
prizes The next time that he saw Tracy was at the
police Office, where he at once recognized him, with
ou his being pointed out. Upon his ross-examina-
tion he stated that at The police Tracy was in room
and he (Post was sent in to whether he could
recognize him, which he did at once by his features
Miss Mary Ann Mitchell, the next Witness stated
that previously to last Christmas she lived at Is Cher
nv street; she knew Mr.. Post and saw the robbery.
1t was in December, between daylight and dark She
had gone to the pump in Franklin Square, and saw
Mr. Post pass her and 60 into Cherry street. I'M
mediately she heard noise, and on looking round,
saw Mr.. Post and three men together. Mr.. Post was
knocked dewn-a bundle tied up IN handkerchief
was taken from hun; saw plainly She was not more
than four yards from the spot; she saw tive men;
one was tall man with sandy hair; the other was
short man with dark hair. She was then asked II she
had seen these since; If she had had them point
ed out to her court she had been told that they
were in cour-to all of which questions she answered
| no. She was then told to look round the room and
see whether she could recognize any OF the parties
| She commenced her survey from the right OF the
court and no sooner had she cast her eye upon the
prisoner than she exclaimed, that | think IS the
man." She stated that there was dinerence IN MS
appearance now; he had not now the same coat en-
| and his whiskers were shaved of. In answer to a
question from the jury she stated that she had never
been in court before and did know where the pr-
soners' box was placed.
This witness gave her testimony with great clear
ness and precision. She could not have been more
than IA years of age, and IS exceedingly interesting
in appearance She was not cross examined.
| George w. Hawes boy l5 years Of age, residing at
Al Cherry street with his mother, was the next wit
ness examined. He witnessed the whole attack and
robbery raised cry of alarm and joined in pursuit
of the men; he described their dresses, coats and
appearance; he afterwards saw Tracy al the police,
| and recognized hn among about 20 men.
James King (oficer) deposed that he found the old
coat produced in court, at Patrick Pracys, whokept
srog shop in Sheriff street, in an old chest under
the counteI the coat is similar to the described
by the boy Halves, as having been worn by one 81
the men he knew il TO belong to Quick; Tracy con-
fessed last that it dds King was in the police ocs
when the boy HAYES T was brought N to see whs,hs
beach, with Ia or Is men in the midst; the boy
pointed him out and said, That is the man whe hae
hold of Post" Upon Kings cross-exaninaton h,
said he had never employed Quick as a stool pigeon
that Qsick had given him Information Of robberies
| but voluntarily
John Nowan next examinsd-Sated ,hss hS hS
, kpawn.1yinH said that he was going down iowr
TO reo OLD Post, and asked me 10 go with him. Now
before the robbery was committed. Upon the day
in question, Tracy said by J" i'll have it tonight
On that night Tracy met Post, knocked him down
and ran of with the bundle, followed by Quick. He
Nowlan took different route, and all met Tracy.
house.
Justice Palmer, OF the upper police, testified TO the
boy Halves recognizing distinctly, Tracy one Of
The prosecution rested here and the defence opened
IN a very curious manner.
| DR.. Fitzpatrick swere that he saw Pat Tracy on
the l4h of December (the day the robbery was COM
mitted) from just before dark ill nine at night and
never lost sight of him. He knew il was the 18th,
because on the 18TH" says he, 81 confined any sis.
term law, Mrs. Flynn, wild babyr'
/ Phenix- How do you know that it was the 18TH
| Witness-Bekase it was chrstened TIVE DAYS after,
and that was the l7th.
This was about the amount of his testiI y-he
added that he made a memorandum al The tIme on a
BIT OF paper just for fancy. He had los ne paper out
of his breaches pocket
Mrs. Flynn swore that she was delivered of baby
| on the 18th.
| Rlker-Hsw do you know, Madam, it was the 18th?
Wlt-Sura ought, for suffered enough 10 know
Rker-Ay, Of course; yeu must have suffered
| some. So TO the next!-I mean witness.
Mrs. Flynn's sister she knew il was the 18TH
because she knew; and moreover, she looked at the
clock.
Mr.. Forsyth swore that he worked and played with
Pat Tracy on the 18th, from in the morning till al
night, and never lost sight Of him for more than Is
minutes He remembered the day, because il was
put down in the account book two or three days at
| ter. He could mt be mistaken.
| David Forsyth, sworn.-Witness had an operation
performed on his finger by Dr. Fitzpatrick; played
cards with Tracy afterwards there might have been
other persons present besides Tracy and witness bat
cannot recollect who; this was on the 18th Of De.
cember.
Two witnesses, Sullivan and Roundtrce corrobe-
| rated the testimony of the last witness