Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-03-16
General Sessions.

MARCH H. Ertensire Fraud-Mr. F. B. Cutting
appeared in court to make motion in the of the
people Us. w b. Vernet and William Magerter,
who stood indicted for obtaining money under false
pretences to the amount of $1,000, from Messrs.
Trip Cox.
1t appeared from the learned gentleman's state
ment, and from various documents that were pro-
duced, that the accused entered into contract with
the firm Of Trip and Cox, to supply them with
a certain quantity, say twelve hundred, bags of oil
cake within given period, and that the firm in qucs
ton to make the advance the delivery Of the
first portion. Two hundred bags were sent in, and
the money paid over to the accused, who failed to
complete their contract. Mr.. Cutting now contend
ed that the money advanced under the contract,
and not in consequence of any false pretences
which his clients had made to the prosecutors, and
he therefore moved to quash the indictment
The District Attorney and the counsel for Trip
and Cox having been heard in opposition, his honor
the Recorder said that he would take the papers
home and give early decision thereon.
George Cadey, indicted with two other loafers for
stealing gun, was, after little hard swearing,
honored with separate trial. The prisoner and his
two pals went to a gun-smith in Frankfort street,
and after bambooZling the shOpman, they carried on
the gun to a store in Chatham street, where Cadey
arrested with the property in his possession.
His accompces were taken the same night, and
Notwithstanding they have both been identified, still
on one frivolous pretence other they continue to
put off the trial. -
In the case of Cadey the only question was whether
the gun was worth over or under $25.
The prisoners counsel with pertinacy which did
honor his head fnot to his heart elected FOR the
witness, by most critical cross examination that
the gun could not be made for less than $50 and Of
course the jury, like good citizens, convicted his
client to the higher offence.
John Williams, big boy, apparently about 10 or
20 years of age, was put to the bar to take his trial.
for grand larceny, in first hiring alias stealing
and then selling horse, sleigh and apparatus. Mr.
j. Bacon, appeared as counsel for this specimen OF
precocity, and his clients guilt could by new pro-
cess Of logical deduction, or hard swearing, have
been shut out from the court, the learned and in
genius gentleman CANNON a the jury that the prison.
CIR was under 49, and consequently iii subject for
the House of Refuge!
The jury gave verdict in accordance with the
ingenious lawyers Recommendation; and the boy,
who has a rich ma, saved from the state prison.
A well dressed man, named -, was put TO the
bar charged with assault and battery, which said Of
fence consisted in throwing the dock master Of the
Tenth Ward into the East River After considera-
BILE swearing pro and con, and great deal OF skir-
mshing between Counsel the only fact that could be
arrived at, was that the unlucky dock master GER
tany got in the river; but who put him there re-
manned a mystery.
In order to solve this my stery, however the Court
adjourned the case to Monday.