Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-19
Court OF Sessions.
Present-The Recorder, Judges inglis and Lynch,
nd two Aldermen

Vile J. Nash Esq, on the 5th October last were
locked up the whole Of Tuesday night.
At nine O'Clock in the morning the Court re-as-
sembled when the jurors called over, and
their foreman stated that il morally impossible
for them ever to agree on the guilt or innocence Of
the prisoner At that moment each indi vidual iuror
was Just firm in the opinion he held, when lis
tening TO the charge Of the Court.
Under these circumstances, their honors discharg-
ed the jury, and the question will have to be sub
mitted TO another ordeal at the next term.
Ii was reported in Court that the jurors stood
eight for acquittal, and four for conviction. The
Court then adjourned to o'clock, p. M.
The Court met at four o'clock minus one Alder
man On calling on the first case, it was discovered
that only jurors in attendance, and their Ho-
each. If this amount should be promptly paid, It
may enable the Corporation to pay up the arrears
Of Judge Lynch's salary, for which he pettio.ed
the Common Council on Monday night.
The Cricr having made the Necessary proclaua--
nor, something like the following curious scene
Recorder Morris, looking round the dim Obscure
which some half dozen mutton dips that were barn
ing co.ld not diss'pste, said Go on with your
case, MIR. Attorney"
Recorder-Will one Of the officers fetch the
gaoler. believe he is deputy sheriff and
summon talesnen. 80 ela
who wishes a cause put off IA pause. Ann OH
yer, you are indicted for stealing piece Ct silk
At this Ann Oliver, a negro wench Of the blacklist
hue, bawled out, mo, amt, I'm come for to be .
witness"
Then long consultation took place between Ana
and the learned District Attorney, and Mr. Crafts,
by nine jurors, but Ann memorable, and
wouldn't be tried unless she had round dozen.
District Attorney.-wsll, you'll be tried in De-
cember next without jury, won't you
Ammo, won't.
Counsellor Crafts, officer Paul, Durande aad
others, interposed and advised the negro lady NOT to
abate single juror.
Whiting eCone then, let's try it before these
gentlemen, (pointing to the bench
Ammo, Won't.
Here ex-oficer Peek came rushing into the Court
breahess, with the haste he had made, bawling out
" Theodore Keller"
Keeler-lf yea Place, I'D rayther not serve-rn
here as a witness.
Peck.-Wilham Corbet.
Reeorder-Take your seats, gentlemen.
Peek:-Yoar honor, here's the gentlemen won't
A voice in the Court.-"N No won't"
Recorder-Are you member Of the bar, sir!
The same voice-Pm a-a-a-
Recorder-Are you An attorney, SIR!
The same voice-Yes. t L.re
Recorder-You need not serve, sir.
Peck-John Boardman! Now the Jury's full, your
Francis Hancock, alias James Henry, young ma.
Of the most respectable connexions, wa: then put
to the bar on charge burglary and another pause
trial go The Court at length directed the ease
to proceed The prisoners counsel looked as sulky
possible at the dscision:
Mr.. Moses, Of 579 Broadway, dePosed that IN tie
middle Of September, his premises were broken M
to- and property stolen to the value Of S66 chiefly
ladies' dresses, baby clothes, wedding gloves, Sc
King, the officer, proved the arrest Of the priso
and the finding Of some Of the property, AZ .
place where it had beea deposited by the prisoner
at the bar. a E. .i e
The prisoner made defence, and the Court
charged the Jury that there evidence OF bur
glary, though sufficient proof to warrant convis-
ton for either grand petty larceny.
The Jury turned round in their seats, and consui-
ed q long time without verdict.
Recorder-Cant you agree, gentlemen!
Foreman-No, sir.
Recorder-Then swear officer.
The Jury then retired and several unhappy look
ing middle aged gentlemen left The Court in greet
perturbation of mind lest ex-offcer Peek shoud
return to seize them for taesmen
The Court having nothing particular 10 do, Mr.
Crafts Irose nssvs for the discharge of Madame
RestelI, the witness being dead and proof being
in existence to sustain the indictment
District Attorney IL may we'll remain against
her, if the Court pleases.
Craft-Why, you cannot convict her in this world
and why not let me have a mole prosequi'
District Attsrney-Well, the parties may meet IN
the ext world
Court-Order, gentlemen. Take your motion
Mr.. Craft-Mr. Clerk, enter a mole pros.
Another awful fause took place. aud at length the
Jury in with verdict OF guilty Of grand Ares-
ny.
Two unimportant eases were tried, and the Court
adjourned, every body perfectly satisfied that the
experiment Of night sessions would not work well