Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-09-25
Court OF Oyer and Tern}imer.

! Present Judge Edwards and four Aldermen.
| Waste of Iime.-The announcement that the
trial of Phebe Floor, who stands charged with poi
soning her husband, would take place this morning,
induced vast eSncoSIse Of people to assemble in
the doors of the Court were opened, and the room
filled in very short time. At half past III O'clock
| the Law Omcers and their honors the Judges made
their appearance, and instead Of proceeding imme-
dately to empannel jury, the OF Elias j. Syl
vester, who was In prison op bench warrant, was
called up. The District Attorney moved for judg
ment Sylvester being placed at the bar, his ceun-
sci begged to be heard in mitigation Of punishment.
The learned gentleman stated that the indictment
had been found long before the decision of the SUI
preme Court, and that since that decision he had not
Offended the law. The offence originated in his
agency for New Orleans lottery, and the proseca-
ton OF Sylvester was supposed to have its origin ia
rival house, and the disappointment of some of the
holders Of tickets. For the benefit Of those per-
sons and guide for the Court, he would state
that S67 900 deposited in the Bank of that city
over which Sylvester had no control An agent had
been sent to New Orleans for the purpose Of
ing this sum for the holders. He would further
state that his client had been in prison some eight
ten days.
Jud ge Edwards enlarged upon the enormty of
selling lottery tickets foreign domestic, and re
GREETED his inability to fine Sylvester in larger sum
than $50. That sum he must pay, or stand com
nitted.
Sylvester was then removed, and the panel of
Grand Jurors was cal.e' over by the clerk.
The following seventeen gentlemen were sworn,
viz William Burns, foreman, N. Caswell, J. Fow-
barnes, Jun, b. Cooper, E. Caldwell, William Hunt,
G. w. Belts Jas. Marsh j. l.. Plat. ID. Hart, G.
Bruce, John Porter, and Edwin Welles.
His Honor Judge Edwards delivered his usual
charge to the Grand Inquest, djating on lottery
specuatiens and usury laws with his accustomed ell
oquence and dignity His Honor also recommended
the Grand Jury to carry a correcting hand into the
practices of the Police Magistrates and to present
their conduct to the community if il found they
were not alive to the important duties committed
their charge.
The District Attorney then we'd that Phebe Ann
flo' be placed at the bar, to take her trial for
der.
''The unfortunate lady," who was dressed in deep
mourning then took seat by the side Of her Coun
SCI, John w. Edmonds and Samuel l.. Gouveneur,
Esquires.
The District Attorney, and tho Attorney General |
of the State, Willis Hall, Esq appeared for the peo-
pie,
The panel of petty jurors was then called over by |
the clerk Of the Court and the prisoner formally
raigned.
The following Jurors were ultimately sworn TO |
try the case-Wn. II Chase, James Gillespie, Ar.
thur Harrison, Stephen Davis, Saml. b. CASTOR,
John H. Atkins, Andrew Comstock.
At this point Of the proceedings, the pannel was |
exhausted, and the Court adjourned to O'clock.
About 8 O'clock the jury again called into
Court and the foreman stating to their honor that il
not possible for them to agree, they were dis |
charged without a verdict. The Court then rose
and adjourned.