The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-21
General Sessions.

adjourned to aext Monday, the 27th.
General Sessions.
Before Recorder Tallmadge, Judge Lynch, and Alder
men Smith and 0edney.
JAMES r wHrrso, Esq District Attorney.
MAscH 2O.-At the opening of the court, motion of
C. Hart Esq john LoMAs was admitted TO practice as
counsellor and attorney VI this court
MIDNIGHT AFFRAY.-John Gmartin, genteely
dressed young man, tailor by trade, tried on
charge Of assault and battery with intent Kill
boy named Thomas OConnor of l2s Anthony street on
Saturday night. the 4h of February, by stabbing him
with knife O'Counor testified that w hale in company
with three of his associates Gilmartin and man named
Michael Nc CONCEAL called them acro" Anthony street.
when ofthe boys, named Lynch, was assaulted by
NcGonegal who in return knocked him down That
ing escape from the Waterman, he pursuee him, and
stabbed him with knife in the right hip The panta
which was covered with blood. f. ward Lynch of
the boys who present at the sfray stated that they
were called across the street before mentioned and
surprising that Mc0onegal was going to rlke him. he
knocked him down, and while O'Connor was running
| he Gilmartin strike OConnor with his hand The
defence called Michael McGonegal, who was present
with Glmattin. Hetestifed that the boys across
the street of their accord and of them called
him damned son of bitch," and 4 driver Of dirt
cart and then knos ked him down and attacked Gilman
tin Daniel Msstel tailor testified to the good character
kind of knife except small scissors kHe that adj been
left in the the night of the atfray. James Car
boys he had been told that Little Dick alias Lyn inch,
the FIRST assault CONCEAL and that the general
character Of O'Conner and lynch very good
The jury after short absence returned verdict of not
guilty.
PASSING Cou,rERrrir MoSEr.-Old Joe Dilks was
tried for indictment for forgery il the second degree
in having in his possession large quantity counter
felt dollar bills Of the Oego County Banks with in
tent to pass them Abraham Carman shoemaker of
Ninth rect, called by the prosecution Het-stied
that Dilks him aud offered TO ST. counterfeit
notes of the above description the rate OF SIS $780,
and showed him one of the notes which produced in
Court, and testified 10 by the witness that he met
lks at the North American o'e 10 receive S27O Of the
money, but they arrested before the bar gain
completed In the by Counsellor Ter
hume he asked if he had been in the Prison
Trenton but the District Attorney objected to the ques
ton Officer Hllker stated that CarIaan informed him
that Dlks hal offered to sell him the counterfeit money
and by arrangement with Carman, he succeeded, in
company with officer Parker and Cant Blouck
ing the accused and MAJ named Dean, who in CON-
pany with boy WHOM. they found S27o in counterfeit
81 notes OF the Otsego Bank The defence called Samuel
Pearson, Of Newark. who said that all he knew about
Carman he tried and ced for passing
DIsTEicr ArroRNsr-Stop, stop sir that wou't do
WIrSEa-ihe character of Csrman was generally
bad, and would not like TO believe him under
Dks tended bar for witness aud he believed h. uss
honest he wouldn't have trusted him. In his
mnaon shs District Attorney gu STONED him close
hi acqus with D,ks aud the Deie bon hood
of the "Pierson Iron Works" in New Jersey. Witness
stated that he sold his New Jersey after keep
ing and Jailed afterwards but had taken the
bankrupt Law. As the witness leaving the staud he
said to the District Attorney "f have any doubt about
my character can refer you to Governor ennng on"
DIsTRIcT ATTORNEY We shall be better acquainted ut
some future time, perhaps
ABRAHAM C.RMAr again called to the witness stand
BY the defence.
Trsrusx How long lid YOU reside in Newark
Wir>ts'.-Non- of your business Lsughter)
TssHUNs-rne witness has stated tina, he never lived
in Newark and we with to impeach him by his test
mony. Where did you reside when at Newark
WIrSEssl do not know that that is any OF your BUSH
TeRHusE How much did you get to give the inior.
nation about DIS
rress-None of your business. (Leuqhter)
The witness here III he gave 10
the officers before he made thu Lrrps
Of Dilss and officer Relyea that Csrmao cane 20
rmedhI i'm ri thp fuct nj
having counterfeit money fer sale, without any
or favor being held out {" him On summing up the
for the prosecution, the District Attorney commented
with great severity upon the testimony of the
Pearson who had been called to bolster the character
OF DilRs, and bea, Down that OF Carman He lkened
to OF the Dks gang OF counersiters ard dive with
such force, that attempted to interrupt him
raj times during his remarks On concluding Pearson
rose, with considerable excitement, and ssd-"l you
want my character, Governor Remington OF New Jer
sew, can give il to you better than YOU can"
DnraIcr ArroRNrv-You have given to yourself,
much want OF II.
The Court charged that the Giro umstances present
ed in the evidence strongly against the accused
and the jury after absence OF nearly hour returned
verdict Of guilty and the Court remanded him for
tence.
CASE OF JOIN AHERN-The case Of this person. who
May ors clerk stands charged with emb, zzng the
JAMES T. BRApv ESQ., his counsel appeared in and
presented affidavit to postpone the trial. the ground
OF the absence of VIM II. Robinson. formerly CLERK OF
who is alleged to be msterisl witness
the accused The affidavit AYERS that Robinson is
absent in Guyana South America and that his know
accused, Of such character that he could pro-
ceed to trial in safety during his absence
The DnrRrcr ATTORNEY, with Dawn GHAHaM, q,
for prosec uen agreed to waive all the points of t.s
mony alleged by defence to be offered by Mr. Robinson,
for the purpose Of bringing on the trial
Mr. BRApr still conrnded that the affidavit as presented
cient in legal sense 10 compel the court post
pone tn trial until the attendance OF the witness could
be procured, or his testimony taken by commission.
After considerable conversational arg mt. the Re-
corder stated that the ready to give opnon
once, but intimation having been thrown that
counsel might to some stipulstons between them
selves during the afternoon they would esent 1t o-mor
row.
Upon consultation the counsel not being able agree
and Mr. Brady renewing his application, the court pro-
ceeded 10 deliver their opinion
The RECORDER stated that the Indictment having been
found in November last plainly evident thst iaehss
existed the part of the defence and without going
the particulars Of the they should decide that the
cause must proceed to trial
Mr. BRApv then offered stipulation. in which il is |
agreed that testimony shall be offered against the
cused except such relaso the bark isabella" and
John George" and the defence also TO be confined
to the points Time was then e. TIL Wednesday
prepare pulaon in thu fo agreed upon and
The case W III III. refore be commenced Oh that day.
FoRr,rrrp Recommending following named per.
not appearing their recognizsnces were declared
forfeited, and ordered to be prosecuted forthwith t.
James A. Lusee of % wilett ST. hair dresser charged
with bigamy, hailed by john T. wysnt
John Cumm!sky, indicted for petit larceny stealing
money from William E. Bird, of 2l4 Front street--bailed
by John 9. Msgnus, and Ebenezer NJ. Peck Esq.
Andrew Rbberg for backing the eye Of Godfrey Pal
ner-bailed by VIM Rainier.
The Court then adjourned this morning a II O'Clock