The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-14
General Sessions.
Before Recorder Tallmsdge and Judge Lynch.
ME-, r. WHrIiNo, ESQ, District Attorney

JAMES r. wHrriNo, Esq, District Attorney.
DEc l3-Triai Of John Nc kinney for rscerins Stolen
This who keeps junk shop at the corner Of
James and Madison Streets was put upon his Trial on
charge of receiving quantity OF stolen composition
knobs taken from the ratings OF houses in Market
Oliver and other streets in June last by gang OF thiev
ing boys, he knowing them to be stolen when he made
the purchase The proved by Jacob T. Mer.
r OF II Market street. that number OF compositien
knobs broken from the railing in front OF his house
in the month of June July last. They weighed from
half to pound apiece and worth about iaiee hi
ngs per pound. Wm Bsechley Of the City msrshas
the time arrested number Of boys who had stolen the
knobs but found none McKinneys premises Charles
Watson, boy about IA years OF age, who was brought
four months since for being with two boys when they
stole dollar, was then called as witness He testified
that he had been present when somposon knobs were
and Market streets, and from the corner Of East
Broadway and Rutgers street by boy. named Hugh
also with these boys when they took quantity Of knobs
to the junk shop of Mckinney. where q man weighed
per pound Witness iold Mckinney that the boys he'd
stolen them and that they broken off from iron rnil
ngs, when he kicked at him. but witness jumped out Of
the way.
This boy most closely cross-examined by N. B.
BLUNT Esq, but told very straight story throughout
~ d. BLUNT Esq, for defence, stated on opening that
he wished call the attention othe Court the that
the property stolen wa not but belong
ed to the freehold and therefore the Indictment should
have been for malicious tresspass and not Tor receiving
stolen goods He then read the statute Of the state relative
TO trsspass upon real estate ia which tue law makes
distinction between the offence Of severing and taking
any thing spperainng to freehold under s2S. and an
cious trespass only, and the second larceny.
The DISTRICT ATroRNEr called the boy Watson again,
who deposed that the composition tops broken off by
wrench by Hugh Began, and then handed to another
boy, who put them in his pocketha in instance did
Of them fall upon the ground, as the wrench held
them fast.
The DsrRor ATTORNEY in reply to defence, commended
that the instant the property was severed became per
sonal property That the act not continued act
the part of the respasser after he had broken of the
knobs he handed them another boy which loss Of
tinued possession made them both liable That having
departed with such possession for instant athe time
Of the trespass larceny was then created
Judge LYNCH asked the District Attorney how trans
fer could be made from party to another when such
parties are jointly concerned in the trespass
JAMES NJ Bn'Dv, ESQ for defence, took the same view
with his associate.
The decided that the legal position of Counsel
for defence was correct as the lsw was express that the
severng Of any thing from freehold under the value of
$25 was not larceny, but malicious trespas That the
transferring Of the property thus severed IRON the hands
OF Of the parties TO the pockets of another
Of offence than il he had put il in his poke
and was not larceny in the eye Of the law The Court
yet the law and az such the Court were bound to
charge the jury.
The defence offered no evidence and the Recorder
proceeded to charge the Jury to the above effect con-
GLIDING with the remark that they Satisfied that
the Of taking the articles alleged been stolen
continuous act then the crime not larceny,
and therefore the accused not guilty Of tina offence
alleged against him, the articles were not stolen But
they believed the reverse they were bound to bring ia
O contrary verdict
The jury after short absence, returned into Court.
Mr. BLurr then moved the Court for arrest Of judg
ment, which was granted, and the case will be argued
the point oil law charged by the Court the lie
contendng the defendant entitled discharge
under the law Gearing upon the case
Trial of George Morfon-- This indicted
Jointly with Francis and Thomas Themes convicted and
sentenced for burglariousy entering the hardware store
Adam Spices Co., OF ais Pearl street the 18th OF
September last and stealing about 81 700 worth of valna
able knives placed upon hi. trial for burglary in the
third degree. officer Wech for Defence testified that
he company with several other officers arrested pri-
In the basement OF house in Madison street in
September last and found forty -four dozen knives that
had been stolen from the store Of the Messrs. Spess
Francis Thomas present. but all the parties denied
hatthe bundle Of goods belonged 20 either of them Mr.
Jackson pawnbreker OF the bowery testified that Nor
ton TO his and offered to sell quantity OF
knives, which he confessed had been stolen.
The defence proved by two witnesses that while stand
middle Of September, they heard some one ask Morton
nhe would buy some knives which had peen smusBeo,
as they would he sold cheap The case a. summed up
for defence by Thomas Phenix Esq., ana the Distrc, Az
torney for prosecution The Jury returned 4" az
verdict of guilty and the Court sentenced MN 70 the
| state Prison for four years and ten months
Cases of Robert fh and Darfd Sis,on LOT iaise pre-
tences ana OF the indictments against
these men was called up for trial, wnen iheron hudd,
ESQ counsel for Jeencs refused to enter plea, on the
g,aurd that the indictment for conspiracy had but just
- n,, In his hands MIR Price, engaged with the Dis
,ct A,orney prosecution, stated that the Witnesses
r now present and he wished 10 bring the for
,,oI The Indictment for conspiracy was found by the
i,iI awaiting their trial. The put of for another
day. but the Court required that the parties should plead
| Turing this week.
Case of Eira L.rerance, the Counerfesr.-The case
Of this indicted for passing counterfeit money was
set down TOR trial the first cause on Thursday morning.
and all the witnesses requested then to atfend
The Court adjourned to wednesday morning at III
o'clock.