The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-27


day night, - we're called into eoast yesterday
lornisg, wa IL foreman stated thu there was
- probability Of ksiog able to sFee % verdict.
One Of the jury stated to the court that thsr oPin.
ions were the same when they left the jury boz,
which we afterwards asoertained to be eight for
acquittaI and four fer conviction. The jury were
then discharged by the Court for the remainder II
the term.
z Inmsdistely after this, Mr. Gsrrrrr. spe Of the
counsel for defence, moved the Court that Monday
next Do fixed for the soamss cement sf the second
trial 81 the eanss. Hs said that Ms clients were
prepared and anxious 70 meet the ISSUE at snce and
without delay, and he therefore hoped that his re-
quest would be granted. 'nax -ss..a..d
The CoURr slated that next week being the last
Of the term, il would b impossible to set il
down for trial on Monday, a. there were large
number of prisoners confined in our city prison,
whose situation demanded the attention Of the
Court. .fla.
Mr.. GRrrEx then enqsirsd whether the nrst day
of next term eould not be fixed for trial. for his eli
ents demanded to meet the charges alleged against
them At the earliest opportunity,
Mr.. LOAD, one ofths counsel for the prosecutors,
stated that As the District Attorney was absent, he
hoped that the Court would not entertain any mo-
tion. He thought that owing to the result Of this
trial. il was very probable that the District Attor-
ney would not feel disposed to bring it before the
Court again, and If nolIe proseqsa entered, Of
course al farther litigation would terminate.
The CoURL then adjourned till Monday morning
at IL e'slsck. $50 ssg+.sa 81 slis;8 sa ts
The public mind, with searcsly IN exception,
are in favor Of aequittal ofshs parties that have
been on trial, and the clear, concise and arsamenta-
tive points Of the law and evidence bearing upon
the Issue, presented in the charge Of the Recorder
as publishsd yesterday morning il the Herald and
some fthe other city prints, has fully lsatis6ed
all but the prsjudieed that no jury can be found in
favor of conviciioa. Ande from this, the tax pay
ers of this city are burthsned sufcisntly already,
with it, necessary expenses, without being com
PEELED u pay from their own pockets the means
whereby the Haggerty's, or any other firm, can
collect their debts by criminal prosecution, when
they should resort to civil suit and pay their own
expenses The cost Of this trial to the county has
not been less than $780, and is II to be repeatsda
Couar or OYER AND TERnrxER.--The District
Attorney, owing to the unexpected length Of the
Leeds and Anory trial At the Court of Sessions,
was unable to answer the Bill Of Exceptions in the
.lolt case yesterday, ~ had been anticipated I.
The Court has ordered that IL bs brought in and
acted upon ts.norrow Monday --as must also the
bill in relation to the trial Of william B. Wiley
TIKI DEATH or AN ELrPHAxr AND ZEBRA.
On Tuesday last, number Of animals attached
to the menagsrie Of Messrs. June, Titus 4 Ange-
vine, at the Bowery Amphitheatrs, were taken
sick, the symptoms Of which gave reason to sus-
psct that they had been poisoned. The same even.
ing, zebra, one Of the finest specimens in this
country, died, and also Of the draft horses be-
longing to the firm. During the night, the saga
eious elephant, "Young Napoleon" commonly
called Nick" became 90 weak a. to be unable to
stand, and continued to fail until Friday night,
when he died, with all the symptoms Of infamna-
ton Of the lungs and bowels, bat whether it was
produced from poison OF motifs a. yet unknown.
Another horss belonging to the firm, is still sick
with the same symptoms. DR.. Drake was called
in, n we'll ~ several other Physicians to reader ad
to the elephant bat, owing 10 the advanced sfaAs Of
disease, nothing was adniAistered Of any service.
Previous to his death, large quantity Of blood and
mucus natter was throws from his stomach, and
his throat and tongue were mach swelled and in.
famed A consultation Of physicians was held,
dusing which Thonpsonian doctor expressed an
opinion that he could cure him IL left to his own
practice He was offered $50 to effect il, but de.
clined the attempt. The skin, which 10 over IN
inch in thickness, has been taken of for preserva-
ton. and the contents Of the stomach sent to DR..
Chiffon for examination, In order to discover If it
coetains any poison. The skeleton il to be divided
between the two medical collegss. The post NOR
DR.. Wood and student Brown. The elephant was
valued at about 600 and was one Of the four left in
this country. A number Of runners are in circulation
IS to the supposed Of the death Of these ami
mails; and among others,we have heard that the hay
il believed to have been poisoned. Such cannot be
the case, ~ several horses in the stable have fed
from the same hay, and are yet in good order The
most probable 10, that their death has been
caused by some endemic of the menagerie. The
contents sf the stomach of the zebra have been ex
ahmed BY Dr.. CAilton, bat he has not been able
yet 70 detect any traces Of poison.
TIVE Exparss LlBEL.-fhe gentlensn libellsd
in the Express Of Thursday morning, has engaged
Charles 0Ccnner, Ed to Proseests the case'in con
no getting off withthe attempted apology Of the
ststemeut was not trls in all offs particulars .
THE OrHER RoGur CAUGHT. "A few days since
as previously published, show case, containing
door Of Paul Neu.zel, 352 broadway, and At the
time. one Of the bsys, named John 3. Pttman, con-
cerned in the thcft, escaped. He was arrested yes
.erday BY officers Colvin and Frank Smith, and
fully committed for trial 81 IS
Hra HusB AND ARRrsrEp. Daniel Keller, hus
band Of Mrs Ellen Keelcr, who was arrested on
Friday, on charge Of stealing seventeen sovereign
from Mrs Anastacia Duntah, was committed yes
terday as an accomphce to the theft Of his vile
The sovereigns were found in their possession, bal
Mrs. Duntan cannot positively swear TO their iden
tity and thus they may both escape, and their law
yer obtain the important matter IN dispute fer hi
Important servicer. s4lffss y. l---L-t ~
VERY SuDDEH DEcE AsE.-Mrs. Susan Osborn
~f Minkas1o rnA n he in m
health on Friday evening, and yesterday morning
was found in dying state. Physicians were sent
for, but she expired before they arrivei. She wal
born in Yenksrs, in This State, and was about 8;
years Of age. Her husband was absent at the time
Of her decsase. attending 10 his duties . watch
man. A post aortsm examination was held BY DR.
Jshn n. Chspin, aided by the Coroner, the IN
vestixation OF which resulted q verdict Of "dcati
from disease Of the heart" isin y,aia lrs.
/ n THx WAY TO SrEALiA C0w.-Go 10 your neigh