Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-09
County Court.
rresent-the three Judges of the Common Pleas the
Recorder and Aldermen
MARCH S-In the matter of Henru IL hfer,.;tf

fresent-the three Judges of the Common Pleas. the
Recorder and Aldermen.
MARCH s-ln the matter Of Henry ". Merritt,
one of the Special Justices, &c
AL the opening Of the Court, Charles O'Conner
one OF the counsel for Mr.. Merritt rose with COW
OF the Courier x Enquirer in his hand and address
ing tne court, desired to know, it, certain para
graph In relation to controversy between himself
| ana Mr. w hitting on the prec eding day was true.
recorder Morris observed that he had no recol-
iec.on OF any such conversation having taken place
MI w hiting said that he had a very distinct re-
coection OF the matter and that what was publis
cd In the report was nearly if not verbatim, whist
occurred The same matter was reported in the
Herald, and 1t must be correct.
Judge Ulshoeffer also recollected distinctly xyha,
occurred, and decided that What was read from tn.
report was substantially true.
mr.. OConner made some remarks to the effect
that he had rather withdraw from the case atogeth-
er than be watched, and the Recorder remarkinp
that he could not permit the conversation O proceed
farther, the matter was dropped
AlonzO Hursted, proprietor of the store corner Of
Broadway and Grand street, was called, and con
hrmed the previous testimony relative to the arrest
of Hawkes. by Sparks and Merritt
William Calender and Horatio S. Bartlett were
recalled, but nothing new elected from their
testimony.
Shore +. Stephenson called-I have examined the
files of the Courier 4 Enquirer the Times and Sun
newspapers, from April LIST to Nav 9th ISsSa
There is account Of the arrest Of William Moore
In these papers. There is report of the con vctiou
and sentence of William Moore to the state prison
for2 years and month for grand larceny.
John s. Somers deposed that he lived at I24 Sc
cond street, that on the 9th fAugust, 1885, he had
stolen from him tea spoons, five table spoons
and silver butter knife The property was adver-
tised and description of it left at the Police where
also he made affidavit of the theft in presence of Mr.
Merritt and one of the clerks. About 10 O'Clock
Jared l.. Moore called me with one of the laree
spoons, stating that had offered it him for
sale lie said that the other articles also left
at his store the night previous and that one of his
new journeymen had by mistake melted them up
Witness asked Moore why he did not arrest the
man; Moore replied that there need of it, he
knew him well, and knew that he lived with his
ther, who kept q receiving shop in Bayard street;
and he had ratherthe officers would tak the trouble
Of looking after him, than to arrest him himself
Mr. Moore said he well knew the woman in Bayard
street. and he had often purchased things Of her,
went to the police and told Merritt had found tn
| silver. He said he knew it, and advised me to b
quiet about it, as the police had found the person who
stole IT, and next time he offered to sell any, they
| weuld take him. Not liking this course Invent to
| see Mr.. Whiting, who referred Inc back to the po-
lice. then consulted Dir. Moore, and by his adv vice
| went after A. M. c. Smith, (oficer) who went and
searched the house in Bayard street, but found no
| one there. The next day Smith arrested the man,
(J0hn Gourley) and also the weman (named Beck
| with.) went to the police and the prisoners we,
taken into the little back room before Justice Mer
| rift for examination. The woman lockwood on her
examination, said that she bought the spoons of an
old Dutch woman for 81 5O-the spoons were worth
about $40. She said she would not have sold the
spoons, but that she borrowed part Of the money to
| pay for them. Their examination being CON uded
| MIR. Merritt remarked that they had both told a
| pretty straight story and they could both be
found ii waated they might as well be discharged.
Witness assented to the discharge, provided they
would bring up the old Dutch woman next time she
offered any thing for sale Mr. Merritt as the prison
ers left the office, remarked that sthese old Dutch
| women are very devils for stealing
| Mr. Bean. Mr.. Moore's partner, was present al
the examination, and said that the spoons had cost
| him Sl5 think the woman Beckwith promised 10
return to Mr.. Moore the money he had paid for the
| spoons My affidavit made in open court
(Afhdavit produced dated August7
| Noquestions were asked Of the man or boy before
the old woman came. Justice Merritt sent Smith "a
fetch her up. Moore told me that he knew this wo-
man, and that she was receiver. do not know If
he made use of this last expression, but il Is my i'm
preston that he said so.
Jared L. Monroe examined.-I remember the
| spoons which were claimed by the witness, which
were bought of Gurley. | know woman of the
name Of lockwood, or Packwood: she has bee n
known at my store a dealer, and we have often
bought old silver Of her Iascertaned from Gurley
where she resided in Bayard street.
| Cross-Examined by Mr.. Cutting On the 9Th OF
August my partner bought some old silver Of Cur
ley, and the next day we weighed out a lot of old
silver to one Of our joumeymen
| Here the Court rose and took a recess