The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-19
General Sessions

oIO
Before His Honor the Recorder, and Judges Noah and
LyncA.
ArRIL lS.-JAMEs r. WHITING, Esq. District A!tor-
Case Of .amory f. Leeds.-This being the day set down
by the Court for the second trial Ct Amory & Leeds, on
charge preferred against them by John Haggerty <
Seas, all the parties appeared in Court with their re.
spective counsel.
The DISTRICT ATTORNEY stated that the prosecution
was ready to proceed with the cause, il the court consi.
dered that the ends of public justice demanded a second
hearing of the case after the termination Of the FIRST
trial.
The RECORDER asked the District Attorney if any new
facts had becn ELECTED since the last trial. He replied
none that he was aware of.
The CouRr then stated that from the full and elaborate
| manner in which the case was presented to the jury at
its previous hearing, they considered that the ends Of
public justice would not be subserved by a new trial.
They were ready to try the cause, and although they did
not wish to direct tn at.a noHe prosequi should be entered,
they would most cheerfully consent TO such a course on
application Of the District Attorney, believing that fur
ther prosecution ofthe case was uncalled FOR and entire.
ly unnecessary. 81
The DrsrRrcr ArroRsE, stated that John Hagssrty &
Sons, the compliments ia the case, desired that the pro.
secutionshouId stay all furtherproceediDgs and he,thers-
fore moved that a noHe prosequi be entered and the de-
PENDANTS be fully and honoIably discharged and their
recognizances C incelled, unless the counsel for defend.
ants made some objection
Mr.. GRrFrEs, one OF The counsel for Amory & Leeds, re-
piled that they had nothing to say upon the subject,
| having had no participation IN the course pursued by the
District Attorney. In accordance with the wish Of the
| Eaggertys and The District Attorney the nole; proscqui
was then entered and the defendants discharged frsm
Triad foT Keeping a Gambling House-John Elmendorf
implicated with Paillip Elmendorf, was tried on q charge
Of keeping a gambling house at 29 Greenwich street,in
the second story, on the 10th Of January last. Wm. M.
| Howell, one of the city Marshalls, sworn for prosecution,
testised that he visited the rooms on the above named
saw John the defendant, playing cards Tor money with
other persons, and also saw a roulette table, 'swcat~
cloth and other implements used in gambling. John en-
quired Of the marshall what the summons was for, and
when informed it was to recover money that had been
lost there ona previous day, John told him that Phillip
had nothing to do with the rooms but that he was the pro
prietor. The prosecution here closed and the defence
conducted by Peter B. Manchester, Esq, called Richard
| LaWTenCe.a yellow mar, VINO WI q servant AT the ronmR
at the time the house was complained Of He stated that
0 man named Bloomer, oths, wise called Tut BIoomer.
(which he thinks was a nicknsme) was the proprietor Of
the place, and paid him his wages. He did not consider it
a regular gambling house, but a "sor, of little establish
ment." VIM. II. Buckley stated that he had rented the
house to VIM. Harrington, who had relet it 70 Tut
Bloomer, and that Boomer had always pad the rent
although he held Harrington responsible. A nan named
William Turf was then called by prosecution, he stated
that he had obtained the summons against Phillip Elmen-
dorf to recover ten dollors that he had won Of him play.
ing at bluff, in these rooms, and also that he had gambled
with John Elmcndori in the same place and lost three
shillings. This witness swore with the assurance Of an
old one who desired revenge" in a new way.
William Jackson was called by defence to impeach
l the character ofTut.
QuEsr,oN BY CovssrL.-Do you know Tuft
AsswER-Yes, he is a gambler, and plays whenever he
WHrIyG-No, no. Mr. Jackson-what is his general
character for truth and verscity
ASswER-He is a ship carpenter by trade. [Great
laugter.]
The case was submitted without argument. and the
Recorder charged the jury that it was necessary that
they should be satisfies that John Eimendorf, the defen.
dant, was one Of the actual proprie,ors of the gambling
house before they could hnd him guilty. That his 60.
ing INTO me mouse ana Winning money there, was not
a ~disorderly house.
The jury were absent about an hour. and returned
with a verdict OF guilty against John EImcndorf.
Pleaded Guiiy-John Timrson and Thomas Brown
pleaded guilty TO an assault and battery and riot on Eli
"a Logue, of 10 Thomas street, on the 7th of March last.
Michael %Coughlan, for commit,ing an assault and bat
terry on Ellen Riley, of6l wille,t street, pleaded guilty
Assault on a City Watehnan-Thoma Nealis, i'm plead.
ed with John Derrick, was tried on a charge of commit.
ting an assault and battery on a city wstchmsn named
Charles Jones, on the 2nd Of February last. The watch
man stated that Nealis knocked down'a man named Ed.
ward Feeney, in the street, and he then interfered TO
prevent difficulty, when Nealis struck him. Patrick
Lotus, VIII r. sides opposite the ace where the difficulty
occurred, was called for defence. He testified that Meals
was engaged in.carIying the old man, Feeney, home,
when the Waterman interiered in a very Improper man.
ner. and struck Meals, without provocatuon. TSe jury
returned a verdict Of not guilty, without leaving their
seats. The prisoner was ably defended by WIN. shaler
Esquire.
Grand Lareeny.-George Beckett, who occupies the
basement OF No OIL Cherry street, wos tried on a charge
Of grand larceny, in stealing from Archibald Stewart
sixteen sovereigns 90 the 23i of March last. Stewart
stated that he was persuaded to 60 into the house of the
gin he went to bed that while in bed Beckett drew his
pantaloons off and took the sovereigns from one Of his
pockets. Upon being gus stiened as to where he obtained
the money, he swore that the property lost was gold ca
g'e', and that he got them in New Orleans in exchange
for paper money. Two persons who resided on the pre-.
misses with Beckett, swore that all os,stew arts story
was false so far as regards his losing the money. That
he had none tn pay his lodging with, and he proposed ia
Becke,ts wife to take a psir of shoes that was in hil
bundle to the pawn brokers' in order 10 raise money to
pay LOT MS supper, &c. Inc case was submitted to the
jury, who returned q verdict of not guilty without leav
ing their seats A number of persons appeared who ties
tilted to the good character Of Beckett, and there 10 NO
doubt that the suit was co nmenced by the prosecutor in
order TO raise funds for his own use through q contsm
plated settlement.
fotJoied RerognisGnees John ODonnell for an as
sault and battery on william Flynn, and Littleton Hal
on William Miller, not appearing, their recognisance'
were forfeited.
MILLING on THE M~UsKISeUM.-There is q vas'
I deal OF grinding done on the Muskingum and Its tn
butarles. There are seventeen Touring mills will
eiRhty-seven run of stones on the Muskingum, ant
ten mills, employing forty five run OF stone, on The
neighboring streams -
The LATEST Wren following appears
as an ad Advertisement in the last number OF the Har.
risburg Reporter:--
No~rfce.-Danie Suiscbarger and his wife are
warned not 60 trespass upon my property or e
take any thing from it, for / believe his wife is
witch, having found three hair balls in the brutes
which can be proven.
II HENRY MILLER,
IL Monagan Township, York Co
II New FAcroRrEs We learn from the Troy Viii,