Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-09
General sessions.


Napoleon Da Wise, some time since a marshal In
the army of his great naInesake, but now pract-
sing lapidary at Hoboken and displaying greater
profusinn Of mousiacho than money, was put to the
bar, charged with purloning military cloak from
the store of James & Robert A. Bowden, at No. ITO
Chatham street. Ii appeared from the testimony OF
of the prosecutors, that this distinguished TO-
reigner called at the store one day with something
tied up in a III ndkerchief, which he ked to leave
for few minutes. His reque't was granted, and in
the evening he called again and said that the article
he had left had been poke by jeweer next door
TO the tailars, no to pay him 500 for it. He
then desired TO look at cloak, which he said lie
should like to purchase, "proyided his Iieutenant
should approve Of It," and 10 get this approval he
wanted TO take home the clo}k. To this arrange
ment The filters on of mems garments had some
objections, and the mi tary gentleman referred him
TO the jeweer TO see IL the cloak anu the stone IN
the handkerchief were not OF equal value. While
he had gone tins wild goose chase, the military
gent beat retreat, and carried oil the cloak among
his own luggage.
Subsequently,, the military hero found by off
Bowyer at a billiard room, and brought up with
the cloak IN his possession.
The Mes RS. Hamilton appeared for the prisoner,
and called witness who swore that he heard con-
versation in he store between the prisoner, and
whom he thought the tailor, in which the
prisoner said, "wel If no return by tomorrare, il
is n bargain" He then brought of the cloak, and
told the witness that he had changed the mosaic for
the cloak.
A MIR. Frazer, a sculptor, deposed that the mo-
sale was a new article in this city, and probably
worm from SOD 10 NT. h9CkWeli, JeNeieF,
said that he knew the prisoner, and had taken simi
lar articles TO that now produced in barter from him
He should deem the one now in court 20 be worth
$50 or goo. Other witnesses gave the prisoner a
good character, and the jury acquitted him
Will am Thomas pat To the bar, charged with
stealing horse from the stable Of Cyrus Weeks, on
the 10Th Of July last
The facts laid IN the indictment were made cut, and
the Try found verdict Of guilty.
Francis Williams, a gro, was tried and convicted
Of grand larceny. IN stealing $50 in coin, from the
cabin Of the schooner Cornelius c. ZabIiski.
Mary Ann Brown, pretty and demsre looking
little lady like woman convicted of whipping
her waiting maid, Miss Char s,e Richardson.
James Robertson, iuo1ensive looking elderly
man, put tn tho bar, charged with manslughter,
in causing the death of Thomas Whitchurch, by
stabbng him IN the abdomen on the morning oft
LIST Of December last. The particulars Of tins were
very fully reported in the Herald taken before the
coroner and therefore very briefly recapitullte
the prime pie facts that out on the trial Ii APP
peared that the accused VIZ bar keeper in vic
tualling cellar, at No l Roosevelt street On the
morning when the affair happened, which was oi a
Sunday, the deceased and several others came 20
tho cellar, and had sons supper. They then went
90 the bar 10 drink, and here an alteration took
place between Whi'ehurch aud the prisoner res
pecting glass Of Prog which had been thrown
into the slop tub. The deceased grumbled good
deal, when prisoner said, n he would not make
noise, he should have another for IL. This offer
he did not accept bIt continued L. carry ON at the
PRISONER, ~ho IN de pass or D oC at deceased with
his hand Al this the proprietor Of the place inter
ferred, and said 'that it sunday they should
be treated like gentlemen II they would make NO
noise, nor kick up any muss" The deceased said
he would keep quiet o. nbge the proprietor, but as
TO the prisoner she damned old rascal, aid he
woull be reyenccd on hin." The proprietor then
sent prisoner away from the barts get his supper,
when the deceased follo~ ed him and struck him a
blow under the left eye, while prisoner was in
the act oi cutting himself slice ofmeat, and knock
cd him against tab The prisoner on this, turning
round excia med "My God! am 10 be murdered
~ this wav, AID Immediately both fell ON the floor
young woman ran 10 the deceased, who said, 81
am dying, or a dead m,r."
The following is the result Of the posi- norton
exSmi-aiion, which was made by DIR. Crevelng, OF
SIS G.and street,
An Serns wound, about an inch ard quarter lorg ns
tsd h. sntertr nj iurt part efhe teruiu passes
obi quey rough ihs ~ rd cartlsge aud penstrd the
p.ric fdum rgb article rft senlric Of The heart
The weu ~ IN ihe righ ce sb .sm. l.ng
ths este II wound That tive vsticlt about half az IN,
in strth Ab ~ one Of blood IN the pstcar.
dun and lie cavity e the ih,r"x
ME- Shalor appeared for the prisoner and cross ex
smincd the witnesses with great skill N abli. r.
The defence had not concluded when the court rose
and adjourned.