The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-05

aud as by the steamboat Chief Justice Robinson
in care OF Bei.ry Richardson, from vson in this
sfut.; she wss bound to Toronto, Upper Canada
Cross eransinsd.-fbe money was delivered to Mr. n
Richardson who was the of the captain and clerK
OF the boat all the notes in the package notes of
the banks OF Canada
HeNRv RICHARDSON called and swernI am the person
TO whom the package was delivered by Mr.. Richie;
took the package and placed il in the office; il
Sunday and we took il across and back to Toronto;
Monday, Patrick Noonsn came and asked if there
package Of money which delivered to him and said,
iougningy, Don't run away with it." He said, Never
fear that"
lows IL was absent when the money was delivered 10
Noonan; on my return ascertaned the fact and also
found that they had been changing csnada money /
followed them to New York, where they were arrested
sion Of the old man. one Of the memoranda covering
roll OF bills up by Mr. Richie at buffalo. was lSuno
him. and $1,000 tather all the was in species
the father said, when found him. that his son nad taken
GG rT lon nun On ;ne bs ssd he could not help it,
he said all the money had been changed into goa
and sver him that the son took the money
DAVIS HOWE broker called and swsrn-The young man
Patrick came my office in Wall street and desired to
change Canada money, which we discounted to the
amount OF 5000 He told the money Belonged to his
master, who had come here to stay sometime.
PETER B. WALKER, police oficer called and deposed,
hist he arrested old man, Patrick ana found about
$I4'O On him.
JAMES SMITH, police officer deposed that he assisted
in the arrest OF the old man, Patrick found from
twelve fifteen hundred dollars in gold-he said
had changed the money into specie while he stood out
doors
The testimony for the prosecution was here rested
VIM PRIcE, ESQ teen and contended that there
not evidence sufficient TO show larceny, that the
offence had been committed in another country aud the
only construction that could be placed upon tina,
was embezz ement only That necessary for the
secuton show arcenymust have been COMM ted
in foreign country, which had not shown in this
case by any testimony presented TO the jury It therefore
became incumbent the prosecution to prove that
fsTceny had been committed In Canada; and there
evil encs that law existed in that country making the
stealing 81 bank netes larceny, the prosecution must
fail in the II well known that by the common
law OF the land both Of this country and Great Britain,
that the taking of bank bonds not larceny
aud therefore special statute of this State passed
making il an ndicteble offence
The DISTRICT ATTORNEY commended that the law of
NADIA and in order to answer the objections, he would
prove IL orally, and called Mr.. Codd to answer
Mr. PRIce objected as he thought Il laws of coun.
try should be proved by better testimony than broker
The DsrRIcT ATToRnEY contended that the law any
foreign country could ba proved by acquainted
with the law but not by printed book unless
titled as correct in some legal manner. He also argued
that the Court should be the udgas of he law foreign
country, and fnally withdrew the witness from the
stand.
been stolen in Canada and brought into this State would
il not be necessary the prosecution show first that
the horse stolen in Canada before they could sustain
csse.
The RECORDER gave the opinion of the Court in which
he stated that the question whether the offence fe
lony Canada OF great delicacy; but tn pr
had the privilege of bill Of exceptions
decision against him. they should decide, time did
not permi, thorough search into the authorities bearing
upon it The opinion, therefore, is that the taking
elon stealing of property of another in Canada.
Mr. PRICE urged the Court to ADJOURN the cause that
they might lake time to investigate the case
The RECORDER said that his opiuon pretty we'll
formed that the decision Of the Court was correc but
the question could be brought up under bill OF excep
tons.
MI PHKNr1 then took exception TO the indictment, on
10 laf fhn had h.n, ,,ol
possession of Mr. Codi, the taking could consider
ed larceny. He cited number of authorities
the legality o. his position, aud concluded that the of
fence could be emb zzienent alone, over which this
Court bad no jurisdiction.
The DisrRIcT ATTORNEY replied that the delivery to
the servant was delivery to the master.
The r. stated he considered the possession of
tte ey in the hands of the clerk of Mr. Codd Buff
faio as in possession OF Mr. Good, and therefore The lar
ceny complete he could not discov when he had
parted with the possession of the money
Mr. FGICE then said that under this decision of the
Court there other for the defence
but to take exceptions the deciscn and also
Court charge that the description OF the notes. given
in the evidence not sufficient and also that the
were all of incorpoI ated companies of Canada
The case was then submitted to the Court without
gumeut
The Recorder charged that the feionousy stealing Of
property OF another in Canada larceny common
law and that the alDg Of bank notes in Canada
st'utes eonious stealing in that country. Also that
the possession o, the money il the HANDS, OF the clerk
MIR. Coda, at bis office in Buff ,o, full delivery TO
MIR. Gold and therefore the offence of taking larce
NY and not embezzeaen On the points relative to the
testimony as to the description of the notes by the wit
the Court charged that that fact
for the ury and to the lack of evidence prosecu
on ia not proving the existence of the banks Canada
from whence the notes had issued the commences of
the notes their value, it Of particular conse-
quence, as the jury had the facts before them.
Gaze Of Michael Noonan-The case Of the son wa.
then called up, and District Attorney with the CON
gent of the Court entered noAe prosequi and he
discharged The reason for this proceeding that
there no testimony to show that the had parci
paied in the stealing OF the money end II eIefore he
could not be COW icted Of grand larceny.
Case Of James Bidney -Thecas OF this young man
indicted or mapsaugber in the first degree for killing
William Cullen, called up and jury empanneed.
The testimony will be commenced this morning to
which time the Court adjourned.