Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-09-06

Edgar johnson, negro put on his trial for
breaking into the house ofMr. +. s. Duncombe No 3,
Orange street, and stealing quantity Of carpenter.
tools.
The prosecutor proved the loss OF his property
and the officer who captured the prisoner proved hi,
possession Of the tools, which were claimed by Mr.
Duncombe.
The prisoners counsel contended that there was
no testimony 10 convict his client Of burglary.
The Jury found the prisoner guilty. MI
The District Attorney addressed the Court, ane
said that he had issued subpoena for the attendance
of Mr.. Hiram Walworth, the assistant register il
Chancery with his records; and that gentle man hae
refused to attend unless he was paid.
The Recorder said the molten could not be enter
tanned unless notice had been given.
An officer was sent TO serve the notice, when Mr.
Waworth came, and after some little discussion
he promised to send his records TO the Grand Jury
Washington Fountain, who was convicted Of may
helm some time since, was pat to the bar the
informed the prisoner that his sentence had been de
layed on account OF certain representations made b,
the prisoners friends respecting his sanity.
The prisoner, who appeared highly excited, sal,
that Il was all foul play, and he would not stand il
lie wanted new trial.
Testimony Of his insanity was then adduced, an,
the prisoner removed TO his cell.
William Henry Green, Wi liam Green and Fran
Williams, three hashy looking young loafers, wer
put to the bar charged with robbery on the perso
of Mark Switzell.
The accused demanded a separate trial, which ii,
court said they had right to.
William Green was therefore put on his trial b
himself The District Attorney said that the prison
or was indicted for stealing S275 in Texan none,
from the pocket Of Mr.. Mark Twitzel, while the la
ter eating crabs a cellar in Osange stree
Mark Switzell, exm.-I left Texas for this city
the 10Th Of June, aud think was robbed on SUNDAY
the 18th Of July. My pocket book contained ga
IN Texian, and somewhere about64 or 60 dollars
money Of this State. My Texas money were note
OF 500 and two Of $50 each; stopped at the hous
Of De Witt in Leonard street; 1t was a trianguI,
room, and bought one Of those she-fsh which
called crab, and took out my pocket book and pal
for IL; the woman then left, and 1 think rctprne
my book to my pocket; after had eaten nv crab
went out and saw Mr. DE Witt coming toward n
house; had not got more than three doors off b,
fore missed u; then went back and told the W,
man that had dropped my book in her house b,
she deaied all knowledge, and told me might maxi
search; coHld not find IL; the same day I can
to the police, but Justice wyman told me that az
could not swear who had taken IT, had better ],
some OF the officers see IL they could receiver m
money. Iemployed Sparks and A. vi. g. Smith: N
former said he had got back Sl3S, and the next da
500 more; the day after he paid me $50 in Texs
money and SS'S in States money ! recognized som
Of this as my money; Sparks said he could not e.
me any information Of the thieves, as the money "
sent 90 his house; he also said ought 10 pay /
$40 for his trouble and what Il had cost " for cole
ing"
George Rollcugh, examined.-Saw The last ,vitne.
one Sunday At DE Wits cellar; the prisoner an
two Others. were about the room nj tho time Twi
ze was eating, and sign was made that the ma
Green took the book out Of his pocket ard we !
went over TO Brooklyn, and went 10 . hind II Gel
and divided the money. ! had &52 a the 200
mos y, and the other four dcvided tho Texai
money between them. We then changed some
the notes ~ various bars and cellars AZ last we .,
70 Grand street, whore William Henry Green ole,
cd the SlOO note 10 a man he owed one dollar 4,
Then we came dawuthc Bowery to Mulberry stree
~ Mrs Macks, aud deposited ofthe money in he
hands Tor safe keeping. The 600 I'LL was part
M deposit Then We went to Leonard street an
afterwards went to.Harlem. At night took m
money out oithe hands Of Mrs. Mack and put IL IL
u the hand II Eliza Fisher. coIorcd woman. tn
next day sparks took me- aud said H. dthatTe
az money had said knew nothing "a H. Hceaid
dd, and he would commit me. Eliza came H. m.
aud sent her down ~ Sparks, md 10 said ~
b6tcr have done IBIS before was locked M"
TOLD him had e3i, and he took M down ~ sti1,
who gave i'up lie then asked after thr eco bill
and Eliza said she would give itup to Him. shark
then said he would give me NY iischarce, aud ais
for the women WIN were 10 custody told spart