The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-20
General Sessions.


Before Recorder Talmadge and Judge Lynch
| James X Whiting, District Attorney.
DEC. l9.-IriaL of William ID. Grav-At the oneniuo
the Court the tralof this man. indicted for
me third degree, was continued from Friday last The in
dicteh charges him with entering the clothing store Of
Messrs Whteiey Richardson then of No. IA Ann sreet
On the i2h OF March last, in company with William
stealing 5000 worth OF clothing.
Omcer GILBERT d. HAYS testified that he arrested C;rav
ana when Mr. Wheley him in his cell he Identified
the ciong on him as hav ing been stolen from his premi-
SEES. when hItely recognised the coat GRAY sapped
ms hano on one OF his legs and sad Yes these are
your pantaloons"
The defence, conducted by George Wilson, Esq., con.
tended that the oay evidence against accused Was his
oMn declaratlons which were exorted from him by the
ohcer on pledge that any expressions that he made
should not DC used against him. provided such
'oo isa9eq n'h veal eaed Tor the defence
deposed that he had held out inducements to Gray
expose his accomplices.
di.o Court charged that the duty of the jury alone
burglary the confession of prisoner matter for
the consideration OF he Court alone and not the jury
The jury after short absence, returned verdict of
guilty
Second Trial Of Gray.-The prisoner was then nut on
his trial on an Indictment for burglary in the degree
in attempting to enter the store and dwelling of VIM
Whltting man, 3S9 Broadway, the night OF the 9th of
April last VIM. Nottingham testified that the night in
question: he awakened by of the CITY watchmen
VINO had arrested the prisoner Gray in front of his house.
while in the attempt to force open the front cellar doors
The deposition OF Andrew Rogers, the Waterman as
taken before the magistrate and his
by counsel for prisoner, was submitted to the jury in
which Rogers asserts positively that he Gray with
TWO Others attempting force open the cellar doors
when he rnshed make the arrest the 9th two
escaped Gray was arrested and committed under the
charge. The defence offered evidence but George
Wilson Esq summed up for prisoner, and endeavored to
satisfy the that the vision Waterman
not such as to bring home the burglary his client The
jury also rendered averdct oguy in this Gray was
then arraigned Tor sentence, but begged hard for
short delay, that his postponed till Friday
There aretwo other indictments against him burgl-
nu. being In the power Of the Court to sentence him
will not be tried He has ntlmated that he is in
possession of much valuable information relative bur.
glaries committed in this city, in which Bill Kingston
Barnard and others were concerned
Tried for stealing shIt-John w. Brewer, tried
and convicted of petit larceny for stealing shirt from
John Evans of 90 Bowery on the 25h Of last month the
article being found on his back The Court sent him
tho Penitentiary for six months
Trial Of William SatDteH.-This tried on an
Indictment for grand larceny for breaking open the trunk
of John Heath, in company with man named Robert
Wallace on the 10th OF September last while boarding in
the house OF Mrs Widmer OF 3 Water street. and steal
ing cothin gvaued at ss. 1t proved by the confess
sons of Sawel that his went with Wallace pawn the
goods Harris in Pearl street. but that he did not know
they stolen 1t also proved by that
man seen to come out of of the windows of
the house. with clothing in his possession but there
no proof that prisoner was the man. The sub
med without any evidence for defence and the jury
turned verdict of not guilty sawte then dschar
ged.
Trial for Bwgla,y.-A thieffaced looking vagabond,
named John Duzenberry and boy aged about seventeen
named John Frazer tried for burglary the third
degree in entering the counting Office OF James Tisdae
coal dealer Alb Water street. the 26th November and
proved by Daniel McDonegsl employ the premises
that he went to the yard at IL O'Clock the night in ques
ton to feed his horses when he found the prisoners
in the counting room, and giving chase in COM
pany with Charles Dawson, they caught both
the prisoners, and in possession of the boy they
found the map stolen and also that Duzenberry,
while being pursued threw change from his pock
cts. Dawson testified that Of the windows OF the
counting house open and also the door but that
there evidence of sny orcibe entrance. The de-
fence commended that there being forcible entrance
they could not be convicted of burglary and as the
amount stolen under S26 the only legal verdict
iered could be guilty of petit larceny.
The Court charged that the raising of the window
unless IL wedged fastened would not place the
charge under the head of burglary, defined in the
statute.
The District Attorney contended in reply that for the
twenty years had been decided by this that
opening OF the door raising of the window
burglary and only in the last few months that such
iecision had been reversed by decisions in this
Under the charge Of the Court the jury returned
iict ofguilty Of petit larceny only, and the Court
enced Frazer to four months, and Duzenbury to six |
months, in the penitentary.
Squabbie among Passenger Runners-Wm. Evans was |
red for assaultng and beating Edward Reese. This
usual dog fight among emigrant passenger runners in
street The evidence, asual contra
ctory language could make it, and the jury returned
verdict of not guilty.
Trial of Thomas LetDis-This was next tried for
IN assault and battery Henry Williams the 5th of
July last This another dog fight and Evans swore
oint blank against Williams, and the jury returned
ct Of guilty.
The Court then adjourned to Tuesday morning at II
o'clock.