The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-12
NEW YORK, WEDNESDAY MORNING. OCTOBER H. 1872

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General Sessions.
Before Recorder Tallmadgc, Judge Lynch and Alder
man Leonard.
JAMES r. WHrTIse, Esqr.. District Attorney.
Der. li-Piteh Fight betVseno Carraen and Cabman.
Solomon + Bogert, a carman, tried for beating
George Baker, cabmam with cart rung," and break.
ing his arm. Baker said that he endeavoring to
cab. when Bogert interered with him to got their bag
gage on his cart and quarrel ensued during which Boz
CERT broke his arm with his cart rung' He said he
agreed to take them up for shilling piece, and did not
ask 50, nor lower his price to three cents.
The defence, conducted by M. SMITH, Esq. called
mouth fthe beauty of Cupds srchy bow who testified
that Baker the cabman preferred his services to take her
self three other ladies from the steamboat to their
places OF residence for 49, and refusing 60 with him.
he offered to carry them for three shngs and finally for
three cents They still refused co. stating that sy in
tended to ride up in an omnibus when Baker seized hold
of her shawl and attempted to pull her into the cab
Mrs CATHERINE BRowN another very pretty darkey ed
woman, concurred in the statement of Mrs. Boyd.
Assistant Alderman soHMELzEL stated that Baker was
the assailan Of Boger and knocked segar out Of his
mouth when Bogert struck him
The Court stated that the defendant had appeared to
act in self defence alone and the jury returned verdict
Of not guilty without leaving their seats Mr.. Cabmsn
ed inland Mr. Carman left though he had got out of
scrape in lucky manner.
The LAST LiBEL.-At the conclusion of this trial. Mi
cHAEL WALSH rose and addressed the Court follows
al understand that two obscure individuals whose
do not now remember have succeeded in getting
The REooRDEn.-The matter is with the District At
torney who will attend to it.
DsrRIcr ATToRNEY-The business at present is with
the Clerk who will inform you of its position
The REcoRpER-The Clerk will receive bail in the
Mr.. WALSH then held some COW ersation with the
Clerk and entered security in short time afterwards
We understand that he will ask for separate trial. and
defend his own cause which he is every way calculated
for. II will be rich and racy entertainment and in the
cross examination of the compliments anticipate
most amusing interesting and unique performance in the
n Asq md inY Of thn
evidence for Defence will throw the Sessions lawyers
far in the prospective that will take several for
some Of them to find themselves. We anticipate
crowded Court on this trial than in the
Court of Sessions since the Tombs sprang from the Col
lect.
Trial of Patrick Kelly Conhnued.-The trial of this
who stands charged two indictments for passing
counterfeit three dollar notes Of the Greenwich Bank Of
this city, was continued this morning from yesterday
afternoon The present indictment TOR passing Of
these notes upon Alexander H. White of Bloomingdae
road the l4h of July last. 1t also proved yeser.
day. that he had passed similar notes upon Edward
Hague Lewis Schwartz and Joseph Cusack and that at
the time he had passed ohem he was in company
sing counterfeit money and who has escaped from JUS
tce
prove previous good character, among whom were Ed
ward Pollock the ninth ward and others.
The Jury went out at about one O'Clock and returned
in court at six in the evening with verdict Of not
guilty.
State was placed upon his trial on an Indictment for OBJ
tanning bill OF boots and shoes from Lewis g. Bouton of
2s Pearl street. the 9th of May last amounting $3.50
NATHANIEL FISHER called and sw orn- a clerk Of
Mr. Bouton his place of business is at 2s Pearl street
Mr. Skinner called on US in the early part Of May last
and had conversation with MIR. Bouton relative to the
purchase Of several hundred dollars worth of boots and
shoes he went ay and called the next morning when
pay 5000 cash and desired credit on his paper for
balance told him that would not answer and he then
s that he Ys m
ceptances that firm would be received If he could as
certain whether any firm in the city would take such &C.
ceptances The next day he proposed to give us the &C
ceptances of Marvin Allen and inquired whether he
had letter Of credit from the firm. He then showed me
letter from Allen addressed to Mr. Howe believe, and
said that Mr. Allen had told him that il he could OBJ
tain the goods on the OF his name that he might then
that Of the firm He to send their accepances to
them On this representation bill of goods worth $7509l
were delivered to him, which he paid $3.50 in cash.
but concluded to do SO on his relative to his
authority to use the name Of Allen & Marvin.
CrOsSeramined by DEyEscE Skinner had bought goods
from us on acceptance Of drafts on Allen he also
told us that he had made arrangements with Mr. Allen,
who the business the frm accept his drafts
as before The goods sold part ofthem in our hands
for sale commission.
Two letters sent by Skinner to Mr.. Bouton, acknow-
Lodging the reception of the boots and Shoes and stating
that the drafts by Mr. Allen would be forwarded
in few days, here shown witness, and sworn to
LEWIS s. BoUfor, was called and sworn-Mr. skinner
proposed to buy the goods his credit, which
refused he then told that he would give the sccep-
and then said that he authorized the
ofAllen Marvin which accepted, and sold him the
thory the of the 6rm and he denied the
steps Of the City Hall in this city that he said he had
the power the name Of that firm At the time of
the delivery goods the pepper of Allen and also
that of skinner good in the market. and sold
him the goods solely his representation that he had
the authority to use the name Of Marvin Allen.
GILBERT F. EvERsoN, stoted that Skinner told him on
the 9th Of May that he had sHho, to draw on sard
md Il IN m IN NJ
credit at this tme then held his notes that had been
protested also showed him my bill book, where of
his entered due in two days afterwards he
told that money in the handle OF Sardis Allen to
meet that note, when 1t was due, and then sold him
small bill of goods DRAFT Sards Allen this drah
was not paid and never will be- as can understand
The here rested and the defence conducted
by Mr. Bennett contended that there was not evidence
sufficient before the jury sustain the charge that he had
not the authority to give Sards Allen a. secury and
asked the Court charge the jury to that effect and thus
The Court stated that the case must be decided by the
jury and therefore they must show their defence.
sAnDs ALLEN was then called and swon-Iwas one of
SINNERS coming to New York at that time, told him
that he could not purchase goods in his own pane he
also told him he could obtain the goods by this
means he might draw on the firm of Marvin Allen for
Cross-eramined 5y PaosrcurIoS-when Mr.. Fisher
came to Oswego told him that Mr. Skinner had right
to tell Mr. Bouton that he was authorised to draw upon
the firm of Marvin Alen-My reasons for this were
that since had told Skinner what before said, had
certaned that he not able to pay what he already
owed me my endorsement.
An argument here to the admissibily of evi.
dencc when the District Attorney said that he should
urge to this jury that the witness Aien was one Of the
parties to this fraud.
The court the admissions Of Mr. Allen already
made such make him responsible for the debt
due Mr. Bouton and therefore, further evidence relative
to the firm of Marvin < Allen was nadmissable.
WITNESS concluded by saying that he was the brother
in-law of Skinner.
Mr.. FISHER, clerk of Mr. Bouton, again called and
stated that Sards Allen had told him when he went to
Oswego that he had told Skinner that he might
draw upon Marvin & Allen.
The counsel for defence here introduced letter from
one ofthe clerks of Mr. Bouton lin which onversaton
between Mr.. Bouton and Mr. Allen aludedts.
The DISTRICT ATTORNEY then called Mr.. Benton upon
the stand to give this conversation. when defence object
ed but the court deemed it admissible.
Mr.. BouIor then stated that
Mr. Allen told him that he did not doubt his word but
that he knew skinner WELL and he had power to use
the of the firm of Marvin Allen. From this