The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-14

good character of the accused.
The Recorder charged the jury at length on the
numerous thefts that are committed at fires, and
said was the duty OF courts and uries TO punish
such offences when brought TO their cognlZance
The Jury found the prisoner not guilty, and ne
was discharged with an admontlon from the Court
to be more careful how he medded with property
that might be lying about fires in future.
TRAITOR observation-disclosures Fouten, longshore
loafer, was tried for burglary in the third degree, in
breaking INTO the cellar OF the butter store OF Gusn
IL Halsey, lS2 Washington street, by forcing of the
lock OF the door, on the night OF the 10th of Au-
gust, and stealing pail of butter. private watch
man, named William Davidson, arrested the pr-
in Pearl street, with the butter in his posses
sion there were two Others with him at the time,
who made their escape.
The prisoner was defended by ]. s. Bates, Esq,
who attempted TO show previous good character
and that he merely carrying the butter for the
men who escaped, but the Jury found him guilty,
and the Court sentenced him to the State Prison for
two years.
Tfialfor PETIT Lareeny.-Phil. Boone, an ebony
negro OF the blacklist hue, was tried for stealing
gold watch key from Charles Rogers, 279 Broad
way, en- the 10Th of August last 1t appeared that
prisoner came TO Mr., Rogers store and selected
gold key and offered counterfeit bill in payment,
which being refused, he left the store, when MIR.
Rogers discovered he had stolen key of the log
cabin pattern, which he afterwards found at The
Police office, the prisoner having been arrested by
officers McGrath and Stephens, at the instgatlon
of Mr. Jacobs, jeweller in the Bowery, to whom he
offered the three dollar note offered to Mr. Rogers,
and spurious $40 bill in PAYNE mt for gold curb
chain.
Mr. Bates made a strong effort to clear the pri-
soner, but the Jury found him guilty.
Trial Of Otis AHen.--Thls called on,
when Ex-Governor Mason, one OF his counsel sta
ted to the Court that his client extremely
we'll this morning and unable to sill in Court all day;
he therefore appealed to the humanity OF the Dis
trict Attorney and the Court to let the case go oil
for the day. This appeal, however, made no I'M
preston the parties appealed 10, as the clerk was
| directed to call the jury.
Mr. Mason then required each Of the jurors to be
sworn separately to whether they had formed or
expressed opinion to the guilt or innocence of
the prisoner the answer being satisfactory, none Of
the jurors were objected to by the prisoners coun
| sci.
The prisoner then put upon his trial for for
gerry in the second degree having In his on
counterfeit money, with the intention of passing the
| same; also, with having passed on lad In the EN-
ploy of Gideon Westbrook the 2st OF April last,
of n hs
was altered from the broken Citizens Bank OF Au-
| gusta, Maine.
ISAAC VANAME testified that he clerk for
| Gideon Westbrook, who keeps an oyster celer al
AZ Bowery. On the night of the Dist OF April, the
| prisoner purchased sxpence worth OF segars from
| him, and gave him the ST. counterfeit bill on the
Citizens Bank of Nantucket, now shown HIM, and
| received rs Cd in change, thanked hun, and left.
ARETUs G. HARD, testified that he was native
| ofVermont, and had been clerk in several stores
| in this city Tor fourteen years | became acquant-
ID
Hall, where | was odger. left knickerbocker
Hall, took desk and turned street broker. Allen
came to me some time after left knckerbocker
Hall, and asked me what kind OF broken bank mo-
ney had. | showedhIm five or six different kinds,
| among which Citizens Bank OF Augusta,
Maine, and a So bill on the Patterson and Pearl
River Turnpike Company, OF Mississippi. He asked
me what could furnish him two hundred and nifty
of the fives for | told him, and he told me TO get
them, but only got seventy OF them. On the day
of he April election, he asked me to get him one
RpRaye9 " ell T 'aadfR gaRk g Mae1as
cluded TO take them all; He paid me So for them
day OF two afterwards he asked me to lend hun
| short time, and said, see what have found, and
| showed me 81 altered note on the Worcester
Bank. told him 1t was altered, and he must be
to get HIM two hundred ones the Citizens Bank,
and told me to leave them at Harrsons porter house
| In Park row that evening. did SO, and he only
Paidme $40 told him ! must have the balance
| He went out, and came back with IS more. told
him must have the other dollar. He asked me to
| go with him, and went down Ann street, and gave
me So bill, and told me to go into the Branch
Shades, and get it changed and take out my pay.
| declined he went in, and got something to drink,
and changed it.. Six of the last two hundred one
dollar bills | sold him were not filled up with the
cashiers name, and wrote it in myself; the bill
produced is Of the six SO filled up
BENJAMIN d. ADAMS testified that he became ac-
quanted with Allen in Baltimore in November last,
but had him previously in Buffalo, and on the
Erie Canal first SAW Allen at the post office; he
asked me what was dong; told him, and he said
he could put ME In better business. He then pro-
posed that should make business in the brokers'
Offices and he would send in man with the mo.
ney, and was to see what was done with it. Ifhe
succeeded, l was to get $1,000 for my services
This fell through, because the police had got
wind of it. There was a man TO send him
some money by slave and he was, to give II TO me
and Hays no dropped the bundle and run. A letter
was Afterwards sent through the post office explain
ing the circumstance. | came TO this city from AL
bany, the night of the 10th of April and saw AL
len, who owed me money, and asked him for it. He
told me he had some new stuff out, and expected TO
make something by it, when he would pay me. He
wanted me to shove the money, but ! objected at
first, because it was too small business and might
get detected He told me he had one hundred twos
on the CitZen's Bank. took bundle from him, and
he introduced Norris to me a partner to hold the
Doodle while showed the bills | was detected in
passing the money, arrested, and have been in prison
ever since.
The prosecution here closed, and Mr. Mason sum-
med up the for the defence, without calling any
witnesses for the defence. He first animadverted
on the conduct of portion of the press, that from
some cause had deemed it necessary to keep the
name OF the prisoner constantly before the public, tor
the many months he had been in prison He then
spoke of commission having been issued by which
the prisoner had expected to have shown his opera
tons and whereabouts the night he is charged
with passing the bill, but the testimony of that com
mission had not come to hand He next commended |
that the bill had not been sufficiently identified as the
passed by Allen at Westbrooks, and concluded |
by saying that Hard and Adams testimony should |
not have any weight with the jury, as they were his
acknowledged accomplices, and their testimony had
not been corroboraed.
The case for the prosecution summed up by |
the District Attorney in his usual lucid and able |
manner.
The Recorder fully reviewed the testimony and |
law in the Gaze, and the Jury after absence of five
minutes, returned verdict of guilty The prisoner
was handed for trial on another similar charge. |
Several prisoners were arraIgned and pleaded to |
the indictments against them, and the Court ad- |
journed till Wednesday morning at III o'clock.
Special Sessions.
Before Judge Lynch, and Aldermen Balls and Bon
nell
SEPT. l3-Wm Bruce, baggage smasher, was |
convicted of stealing bag of clothes belonging to