Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-09

Court or GENERAL SEssIo >s-Thursday, June
6.-Frahcls Schnekenberg u German charged with
an assault and bal tery on an Irish woman named Ju
liza Hennesey. The witnesses who testified in the
matter, made il appear that the complainant came to
the grocery of the defendant buy pint rum.
w he was measuring II out, complainant accused
hun of not giving her good measure, called him q
cheat ana murderer and threatened TO take the law
of him, and moreover slapped Mr. Francis Schneken-
berg in the face. The defendant thereupon ordered
her on, of his shop which mandate the other not be-
ing willing to obey, he had recourse 10 as much vio
ence as was necessary TO eject her, in doing which,
| Mrs. Julia Hennesey, to use her own words, was
| tumbled over upon The pavement and bruised almost
TO pieces Other Witnesses testified that Mrs Hen
Messy was very uproarlous and violent, pulling and
struggling 10 remain in the store, that il was
obslnaey that caused her to fall and that she was no
struck by the def ndant at all.
james Hennesey, lad of Is, son Of the COM
palnant was called TO the stand.
Court-Do you understand the nature Of an oath,
James?
Witness-I believe do sir.
Court-Can you read7
Witness-No, sir; can spell little.
Court-Well, what will be done to you you swear
TO an untruth 2
Winess-I don tknow, Sir.
District Auorney-Do you ever 60 TO the Sunday
School?
Witness-Yes, sir.
District A'torney-Well what were you taught in
Sunday School would become hereafter of boys who
tell les2
Witness--I should be taken up. "a langh)
Distinct Att0Taey-No, no-you don't understand
me. II you tell an uniruth, who will punish you
when you diet
witness-The schoolmaster, sir. Great laugh)
The court ordered the witness TO stand aside, and
charged the jury that more force had been used than
was necessary TO put her out and they satie fed
from the testimony that such had been the fact they
convict the defendant but If on the contrary
had been shown 10 them that the complainant had
acted in dlsorderly manner and had been ordered
out and had refused 90. that the prop ieor Of tho
store had right to sufficient force put her out
but no more. The jury acquitted the accused.
Samuel James was put upon his trial for an assault
and battery, committed upon William Peet. The
complainant testified that he had been employed by
the defendant carry his chest from Front street
the upper part of Roosevelt street that he charged %
cents f,r his trouble which the prisoner refused
pay. Upon which, he carried the trunk towards the
Police Office, and when he got as far as Chatham
street. the prisoner pulled him of the cart and threat
ened to strike him with a ranR if he did not give up
his chest The prisoner stated in his defence that he
had sgreedto give the cartman shilling 70 carry his
chest and that because he had to take Il few doors
farther up the street than he expected he wished him
to give another shilling; and that he refused do
He then make complaint al the police against
The cartmsn, and instead or getting redress, he
put in prison for the alleged assault which he dcclsr
ed he was innocent Of and kept in close confinement
for nine days. The cartman partly admitted tho
bargain about the shilling, and was not very positive
about the assault SO the jury very properly found
, the prisoner " not guilty..
Patrick LAWYER, charged with stealing csst from
boarding house, No. 81 Washington street, IN
July last, the property Of Robert Mscafee. The coat
was found few weeks ago on board a tow boat IN
the possession Of the prisoner who accounted for
the same by stating that he bought pawn ticket for
the coat of a man he did not know, for the cum Of
two dollars in October last, with which ticket he
obtained the coat from pawnbroker. The prisoner
was suspected Of the theft at the time the coat
stolen, and watch kept upon him until the garment
was recovered. Tine jury found him guilty, and the
court sentenced him to three months imprisonmen
in the pcntentiary.
Thomas Dillon indicted for an assault and battery
upon Mary Ann Wolsencrafts. The complainant
tesufed that her husband and herself were gong
to market, on Saturday night about o'clock, while
she was the corner of vesey street. they met a
gang of ruffians Of which number Dillon the prison
er was one, who put out his foot and attempted to
trip her out Her husband was walking behind her
with child in his arms at the time and came up TO
re ent The af'ront when they oil fell upon him, and
she screamed for the watch. The prisoner struck
witness the face with his hand, ana kicked her
The prisoner stated in his defence that he had been
drinking and was very sorry for what he bad done.
The jury found him guilty, and the court ordered the
prisoner 10 be remsnded 10 prison.
VIM. L. Johnson, indicted for stealing SMOKED
ham. worth Ia shillings the property Of Richard Al
bro q Co., corner Of DIVISION and Delaney street
Mr.. Cooper, clerk, swore that he saw the prisoner
gong of with the ham in his possession. "nncss
asked him how he 10 steal H. ana me prisoner
answered that he did not steal the ham, out only
took H. Mrs Crickshanks deposed that she had
frequently observed the prisoner walking oy her WIN.
dow; she was poor woman widow, ana served
for her living; never saw him have any nam before
that time and did not know whether II was PRISON
er's ham or moi; he had been working for Mr. Love
nj ploom;pedae, and could not get his wages, ex-
cent n half dollar, and feeling discouraged, he got
drank with the money 10 drown his sorrow, and
stole the ham under the nfsence Of hquer. Thejury
Al. a -