The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-10
General Sessions.
Before Recorder Tallmadge, Judge Lynch, and
dermen Caman and Bonnell.

dermen Carman and BOnnell.
JAMES r. WHITING, Esq, District Attorney
court, James M Smith, Esq as counsel for the pub
hshers OF the Whip and Flash, stated that he was
not ready proceed TO trial. and asked the court TO
set them down for Wednesday next, which was
The case OF Scott and vanderwater, publishers
OF the new FLASH was also called up, and postpone
ment also granted I'LL Wednesday next.
The counsel for the parties in the above cases,
admitted the publication OF the papers named, and
the only question that will devove in the trial, is
whether the matter published is libelous, or whe-
ther they contained obscene language.
Libel on Senator McRobets ON motion of
Messrs. Purvoy and Price, counsel for Oravio de
Attellls Santanselo, who is charged with publishing
libel against Samuel McRobers, United States
Senator from Illinois, IN pamphlet relative TO the
loan OF some money TO the former Mexican
Bonds, was allowed to go off till November next, in
order to allow the defendant time TO obtain copies
of certain public documents from Washington and
also evidence by commission from Matanzas Scna-
tor McRobers was In attendance in court.
Iridl for passing Counterfeit Money German
named John Shuttle, was tired tor forgery in the
second degree, in passing 3 counterfeit note pur
porting 10 be OF the Greenwich Bank OF tins city,
upon VIM. Hogan, of 80 Greenwich street, on the
18th OF July last IN payment tor glass OF liquor.
On arrestlng hun at the time, another note OF the
same character was found in one of his pockets,
and some change in silver The defence proved a
good character for prisoner by number of German
witnesses, and there being no evidence TO show that
returned verdict of not guilty
Trial Of Nm. j. Shedding. -This person, who
stands indicted as one OF the editors OF an obscene
sheet called the Flash, which was published some
months since was called for trial George b. Wool
bridge called one of the witnesses, and stated
that several of the articles that appeared in the
sheet, offered by the District Attorney, writ
ten by Smelling The District Attorney then read
several extracts from the paper to show Its general
character.
Smelling defended his own cause, and stated to
Tho ,trxtf hiatt hs arttc rala tn ap,bt
contained nothing that was obscene or indecent;
that there was no proof that he had written any
other article In the paper
The Recorder charged the jury that if the charac-
ter of the paper of an obscene nature it was all
that the jury need know in the premises, as there
was special offence charged beyond that.
The jury after absence of half an hour and re-
turning INTO court once TO ascertain some points OF
evidence, returned verdict OF guilty, and he Will
be sentenced on Friday of the third week OF the
court.
Otis Allen and William E. Ross, were arraigned
two indictments and remanded to prison.
The Court then adjourned to Monday next, at ii
o'clock.
Forfeited Recogmi-amces following persons
charged with crime, not appearing, their recogni-
zances were declared forfeited =
James Farrell, indicted for bigamy, and bailed by
Richard Voorhees,, Esq.
Harris Schwabach, for stealing $50 worth of tin
pepper boxes block tin castings, iron spoons, &c,
from Augustus Thomas, of 63 Nassau street, bailed
by Moses Saunders.
John Motifs, indicted Tor picking the pocKet oil
Joseph Il Doe ,ot a wallet containing money, in June
last and bailed by j. ID. =. Champln
Harris Schwabach also indicted for burglary, in
breaking open the premises of Augustus Thomas and
Patrick Moran, and bailed by Moses Saunders.
Patrick Wind, indicted fot a nuisance, in keeping
a number of cows in a stable in the llth ward, and
throwing the manure into the street, baed by John
Brannon.
Bernard McNomee, for similar offence, baied
by John Kelly, and Thomas Mccormick, also bailed
by John Kelly.
Patrick OConnor, Philip Conner, Simon Styles,
Cherry street
William Kennedy, for assaul,ing Patck
bailed by VIM. II. Davenport.
James Rogers, tor assaulting Richard Uglow,
baied by VIM Dobbins.
Conking Pearsall, for beating Charles Morris,
balled by Shran kanaly.
William Hanly, Samuel Durham, John Dermady,
John Stagg, George Barber Thomas Baker and
Matthew Matthews, for beating and bruisng Tho
mas Qunan.