Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-11

grand nquest, vz.:-
Rsvo G. Hanee, Foreman.
Edward B. Clayton, John v. Tilyou,
Corns. Harsen, Saml. Waterbury,
Jacob B. Krcemer VIM Sharp
Adm LIE Foy VIM. p. Willer,
TAos Lavender Wilson G. Hunt
Richd Raynor, Joseph Flandey,
Jas. Vandenbergh, Daniel Valentine,
James Styles, Israel Suydam,
VIM B. Corning, Joseph Siicklsr,
Joseph Geraud Barziai Deming,
lhos Edwards, Abm Willer
The Recorder charged the jury briefly as to the ma
tsre and extent Of their duties and powers-recom-
mended them TO give eye 10 the infringement OF the
laws IN relation TO lotteries and the construction Of
wooden buildings within the fire limits His honor
cautioned the Jury to consider well the charges OF
false pretences which might before them, add
ing that the most Of this description were af
tars OF an individual nature entirely, frequently brot
rom revengefa motives, whereas being mere matters
OF business the parties would have ample redress in
civil action
Robert Giles, jun. implicated with jeremiah Too
hey Johannah Dacy, and Fanny Toohey was put
upon his trial on charge of riot and violent assault
and battery upon several citizens in Oliver street,
New Years day last. James r. Brady, Esq. for the
defendant stated the case to the jury, as follows:-
no father of the accused sitting upon his stoop
when several young men, disguised remen, passed
ey, when one of them took off little boys cap, and
slapped the old gentleman in. the face with it; the
other resented the outrage when one of the row.
dies named Montgomery, knocked him down.
Word was sent TO the accused of the outrage COM
United upon his father,-when he came ont in COM
pany with his MOTHER and one or two others of his
friends for the protection of his father AN alterca
ZION ensued, In which one of the rufhans kicked the
OLD woman In the stomach. The alarm of fire was
gven-wOrd was passed that fireman had been
killed, and in the course of few minutes the street
was filled, principally with individuals In drab coats
and other garments usually worn by firemen bricks
were thrown against the house, and the assault COM
planned of was committed in self defence
Robert Giles, the father of the accused, was
sworn.
Q.-Are you the father of the prisoner
A.-Hls mother says So and beleveit.
Q.-Nell, state the circumstances of the affair.
Witness then detailed the particulars Of the trans
acton, substantially stated TO the jury by the coun
sell with the addition that he was compelled apply
to the police for protection and employ guard for
fortnight afterwards to defend his premises from
the threatened attacks ofthe volunteers"
Other witnesses proved that Montgomery and his
companions were very drunk at the time of the af
fray, and offered to fight any one that opposed him
AS soon as the fight commenced the market bell was
rung, and the street filled with firemen, although
there for the alarm. Bricks were thrown
against the house, windows broken, threats made
that they wo.ld tear down his house, and word was
sent TO Mr. Giles to that effect, with caution TO
guard his premises.
Mr.. gilbert, a citizen Of New York, testified that
he saw the rowdies knock down two or three Irish
men, without the slightest cause, one of whom il was
necessary 70 carry into house
Inc DHstrlct Attorney here abandoned the prosecu-
ton, IN which the Court concurred with q remark
that Their belief was that the accused had been more
snned against than SHINING.
The jury accordingly found verdict Of not guilty.
The Recorder directed that in future In order TO
prevent interruption in the proceedings Of the Court
that application by counsel shall be made at the open
ing of the Cont.
William Merrs, a black, indicted with Wm. Wells
Tor burglary committed on the 10th of March last,
mol he of Vaud n
Co., No. % South William street. and stealing vanous
fancy articles, Of the value Of Sl5075. Wells was
tned al previous term and convicted Of the charge
The property was proved to have been found upon
the prisoner but nothing was addsced strong enough
10 nix upon hun the charge Of burglary. The jury
found him guilty, under the direction of the Court Of
grand larceny only.
John Baker and Joshua Smiley, indicted for steal
ing piece Of green florence silk and 81 lbs sewing
silk from the store of Maltby q Bolles, No. 80 Pine
street. Of the value altogether Of e46 20. The clerk
of the compta nants testified that the prisoners came
into the store and made nqsires respecting the price
of various articles, and retired without purchasing
anything. The same day the above property was
missed.
w; H. Sparks, police officer, was called to the
stand.
to be informed by the district attorney 10 what the
witness intended TO prove.
Phenix-I intend prove certain disclosures in re-
laiion TO this theft, made by the prisoners.
Brady-Now.f your homer please, object 10 this
of procedure, and take this early opportunity
OF asking your honor whether the practice Of giving
tsstimeny by officers respecting the admissions Of
prisoners their custody shall be tolerated as il had
formerly been.
Cosrt-If no improper means had been taken to
elicit the confession the evidence was in order.
The witness having testified that undue in1u-
ence had been exerted TO extort q confession, pro
cseded TO state that Baker admitted 10 him that he
had stolen the goods which he gave to Smiley to SELL
Verdict, guilty.
John Gillian and William Ores, indicted for stealing
a barrel Of lnseed oil from the premises Of Samuel
Newly corner Of Fletcher and Front streets Of the
value of 60. Verdict guilty.