The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-13
General Sessions.
Before His Honor Recorder Tallmadge and Judges Lynch
and Noah.

General Sessions.
Before His Honor Recorder Talmadge and Judges Lynch
and Noah.
WILLIAM SHALER, Esq, Acting District Attorney
July l2.Trtai for False Preences-John II. Garland
tried indictment for obtaining eighteen casks
of emery from Robert Gregory worth S35 under false
preences but the evidence not being sufficient, he was
acquitted
says his name is Edward Roach put upon his trial
an Indictment for burg larry in the first degree for forcbly
entering the dwelling house OF David Phillips, sc Crosby
street the night of the 30h of April 1t proved by
Mr. Phillips and his wife, that the night above named
coorod girl, who was servant in the family
nng down stairs, about O'Clock in fright and stated
that there was man in her room On searching the
house prisoner was found in the basement with all his
clothes on except his shirt he having stripped himself
was supposed to convey the impression that he had
tered the wrong premises by mistake and proceeding
bed Upon being accosted stated that such was the
fact and that he boarded in the house opposite. The dwell
ing was orciby entered by breaking the fastening Of the
quantity of silver plate had been placed also
tempted to be focby opened and of the brass knobs
was broken OIL The girl, who was in the house at the
me was among the missing the trial. and her absence
was charged to the interference of both Phillips and pr
soner by each party.
john NJ. BrxBY called by defence who stated that
he boarded at Mrs Hunters corner of Ninth street and
Broadway about two since; that prisoner
there and had opportunities to steal if he had been
inclined, but had always behaved WELL and while there
was never suspected Of crime.
NJ VAN ScHoIcK also testified that prisoner had been
ervant in his family, and had behaved well while with
him.
The Recorder charged that the fact of orcbly entering
he house was fully proved hut the intent was not SO
clear The fact of his having been found in the ack OF
the house in nearly naked situation while the silver al
uded the basement appeared TO convey the idea
that the object OF prisoner rather to have Illicit inter-
course with the coored servant, with whom he
1uained than to steal The jury returned verdict OF
not guilty and the Court discharged him.
Grand Larceny.-A man named Charles Davis a car
penter by trade tried charge of grand larceny
or stealing SlSS worth ofhousehod furniture the proper
y OF Jares Watson, formerly of Fort Washington. The
goods were taken about the 9th OF March last The pro-
eeution called James Watson the complainant when T.
j. Smith, ESQ., counsel for the defence, objected to his
being sworn on the ground of his rrelgious belief
ANTHONY BRILL was called witness by counsel for
efence, to state what he knew relative Watson's re
,ious belief and deposed follows IL acquainted
with witness-he said he did not believe in God but he
beeve in something that overruled ALL He said he did
not think there any more harm in killing colored
person than cat if for the laws OF the coun.
Roswell Minor called on the same point but knew
nothing relative to Bishops religious belief
The Court stated that the evidence sufficient
mpeach Watson, and he then called and sworn
when he testified that the dwelling in which the property
had been left at Fort Washington had been unoccuped
everal days the robbery and that the prison
adei him to lock up the house previous his leaving
T. He also stated that small quantity of yarn belonging
him was found on the premises OF prisoner at the time
his house searched.
Mr. HOLMES the officer who searched the house of pri
'oner stated that nothing was found the premises
'lamed by Watson except small quantity of thread and
couple Of books The character OF prisoner he said was
generally good while that of Watson was VIGOROUSLY
bad
'quainted with Watson, should not like to be- His
leghbors say he is not to be believed should not wish
have any dealings with him. have heard from Gene.
al Bogarus and his family that he not to be bcey ed
under oath would not believe Watson where his in.
crest was concerned either under oath or otherwise
The acting District Attorney here stated that he was
atised that the defendant was not guilty and other
witnesses called.
The jury Immediately returned verdict Of not guilty
md the general impression appeared to be that Mr. Wat
son had been robbed goods he alleges have
Complaint Immediately entered against Watson for
perjury and false imprisonment when he was arrested
and committed
celebrated person who sports the alias of Bill urlct was
put upon his trial implicated with William Banvard
harged with burglary in the third degree in entering the
tore OF Samuel f. Engs, 4S7 Broadway on the night OF
he 18th March last, and stealing thereirom 5000 segars
siued at $50 thousand, small saw and valena coat
portion oil the segars were found in closet in the house
Of the prisoner in Debrosses street by officer HAYS as
so the saw that was stolen The found in arunk
possession OF VIM Banv ard the person indicted with
Kingston, and Jenny bar was also found on the
PREMISES Barnards bail has been forfeited and he has run
AWAY Kingston arrested in bed by avs with his boots
md panaloons about O'Clock in the morning fewdays
'iter the robbery committed The store as entered
forcing the front door open and breaking the hasp OF
ne LOCK- The saw was identihcdby both Mr.. Engs and
one of his clerks.
The defence proved by j. w. STEWART tobacconist of
" Division street. that segars could be identified I'm
Ter oath. as two years since have segars of the
uaity as those here alleged to have been stolen was
Induced to become witness by application of one Of the
counsel for prisoner.
Mrs. AMELIA BrcASSoN, wife of Philip Becannon grain
neasurer called and swornI called at the house
where Kingston boarded in the latter part of March last
o see Mrs Williams his sister. While there n Young
nan named Barnard came in with n common market has.
<et filled with segars He asked prisoner to buy them
and he agreed to pay him 81 for them He also had
aw in the basket which prisoner also bought for two sh
lings.
CrosseTaminsd-I have known the family of Kingston
or 10 years but am relation any of them or to pr
.oner. My husband is acquainted with them and thew
visit him.
Mrs. ELIZA WILLIAMS, half sister OF the prisoner
was sworn, and deposed that prisoner lived with
her in the latter part OF March last and that the segars
in court were brought TO the house the day Above
stated by Augustus Barnard who was in the habit OF
coming to the house. and acquainted with prisoner
Ny father and brother Samuel supports the family We
have four brothers Prisoner makes his living with Samu
Il in buying and selling produce.
WESLEY MuRLErr, of the half brothers of Kingston
ged about 10, called and deposed, that in the month
March last Barnard came TO the house in Dcsbrosscs
treet, and offered to soil segars and which
we're bought by prisoners for ST. and part Of the money
'aid lot them at the time.
ohcer GLbERr F.HAys called by of the jurors
".o onlcer stanton to show what in the trunk at
~ e ., prisoners arrest They stated that quantity
s,o'cs were found that claimed by other persons
~ siso variety OF knick knaoks clothing &C. The
was mere closed and the case was summed IN by
Who aided the prosecution ~ " " eo"' Tsq
TheJ jury after an absence Of about Goeen minnie,
urned averdic of guilty, and the court W.
esday morning at II O'clock '"e"'o "eu'