Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-10-13

CovRT OF GENERAL SESSIONS, Oct l2th.-Before
the Recorder, and Aldermen Benson and Hall.
James Palmer, was tried and convicted of petit lar
ceny in stealing number of pieces of bed furniture
from Mrs. Abigail Cummings, from No. q Ridge
street. August last. The prisoner stated in mitlga
ton of his offence that he had rendered the compla
nun medical services, for which he had not been paid
and that he pawned the clothes 10 indemnify him
self. He was rcmanded for sentence.
William Brown, Indicted for burglary in the I'd de-
gree, in breaking into the house Of John W. Varian
in 29ih street, the Sd avenue on the 18th of Au-
gcst last, and stealing therefrom quantity of wear
ing apparel, household furniture, DC. The jury found
hlm guilty of the offence as charged
James McGrath, was put upon his trial, charged
with an assault and hatrery with intent TO kill
Thomas Mitchell, one of the city watcRmen, on the
9Th OF September last The complainant testified
that about o'clock on the night referred TO- he saw
the prisoner and another man from the corner of
Broadway to the house of Cornelius Sullivan, No 65
Exchange street, where they in. Witness
told that man had been knocked down at the
corner of Broadway and Wall street.-the pursued
them TO SulllvaRs house and was denied entrance
Efforts were then made 10 get either the Alderman or
Assistant Alderman of the Ward but they did not
come and Justice Lowndes was sent for and attended
promptly Upon his arrival al Sull:van's house Jus
tice Lewndes demonstrated with prisoner, while the
latter was on The stars inside, and advised him TO
give himself peacoably up, promising him protection
from violence. Prisoner replied that he woHld not
give himself up, but would wash his hands i'm the
hearts blood OF Justice Lowndes, or any other man
who should attempt 10 take him. MIR. and Mrs. Sui.
Ivan told the prisoner during this conversation that
he was injuring their house. The prisoner said he
was but boarder there, and ran down stairs with
crh IN one hand and sword cane in the other, and
| made a lunge at Justice Lewndes with the sword
cane. Justice Lewndes stepped back and witness
stepped between them. The prisoner then made
another uHge at Justice Lowndes, and witness knock
ed the sword cane out of his hand with his club
Prisoner picked II up again. and as witness made an
effort TO take him, making blow at HIM az the same
time, he stabbed witness in left arm with the dirk
Just below the elbow woundIng him TO the bone
The next lunge was made at witness breast, the
weapon penetrating through three folds of his vest
without lnJuring his person. The watchmen then
closed the door Of them struck prisoner over the
head All this occurred while the prisoner was in the
entry with the door partly open, and the magistrate
and watchmen were standing outside. When the
watch came IN, the prisoner ran up stairs. There
were six or seven watchmen present..
District Atorney-And was not six or seven of
yeu enough TO arrest one man.
WnHess-Hc was entirely naked, and dezen men
could not have taken him. | would not have ap-
preached hlm--hls position was upon a narrow stair
case and il difficult to arrest him. Justice
Lowndes came AT the request Of the assistant captain
Of the watch. After witness was stabbed, the door
was fastened, and the watch broke il open. When
the door was open the prisoner struck by the
watch over the head when he ran up stairs. The
wacA went up after him, and in the scuillc the can
die went out and the prisoner drove the whole posse
Of watchmen down Stars. They came down by the
O'Clock u daylight IN arrestlrg him. Mrs. Sullivan
interi' n 10 prevent the ares; oft prisoner.
Justice Lowndes testified that he was awakened
ou OF his sleep at his resdenccin Liberty street about
Ill o'clock on the night alluded to, and request made
for authority 10 enter by force Sullivan's house in
which II was asserted a man had taken refuge who
had knscked down peaceabe citizen in the street.
Witness tod them they were empowered 10 break in
# they were the offender had secreed himself
there, and accompanied the watch to the premises
The rest Of Justice Lowndes' testimony was merely
IN correlation of Mr. E!tchels statement
Theodore H. Highly sworn. On the night spo-
ken o., as | was walking down Broadway, heard
TIVE persons whe were walking up Exchange street
talk about numbering some one | asked them what
they meant No sooner had made he ENQUIRY when
they both fell upon me, and one OF them knocked me
down with a cane. 1 was struck four or fl We times |
before fell. was stunned by the fall and when /
came 10 my senses found two or three persons
around me. They told me they had followed the
man to Exchange street, and advised me to get
magistrate. ! went TO Assistant Alderman Balls
house and requested m to come but he SAID he was
too unve aud declined giving him assistance. The
night was gate dark and cannot swear The prisoner
Is the individual who assaulted and beat him.
The prisoners only defence was that the watch
men invaded premises without authority and cen.
trary to law denying the charge Of having had any
part cipaten in the knocking down of The witness
Highly, and that he (prsouer) had place himself in
the breach in defence Of his premises aad person,
which he conceived he had perfect right TO do.
The lry found the rWllv.