The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-01

Before Recorder Tsmadge Judge Lynch, and Aldermen
Crolius and Jones.
JAMES r. WHrrrro Far district Attorrav

Before Recorder Talmadge Judge Lynch and Aldermen
Croius and Jones.
JAMES II. WHiTIvo Esq, District Attorney.
Fee. flat the opening of the Court JAMrs M s,,r
Jr Esq moved that Gabriel Hatfield charged with an It
tempt to commit rape on the person of Ann Murphy ct
the Broadway Cottage the Sd of December be dis
charged from prison, fully evident from the tes
tmony given the trial Of Dngler and Underwood that
there was not sufficient evidence convict hmthat the
statement made by her in the watch house the night
Of the rape to Alderman Crolius and Dr. MComb that
TO cast such doubt upon her previous that the
would be next to impossible.
Under this view Of the case, in which the District
attorney the Court ordered that the prisoner
should be allowed to enter his recognizance in the
Court This being done he left the Tombs where he has
been confined for the past three months.
The counsel OF Charles A. Pierce who stands charged
WIN an assault and battery Ana Murphy, moved that
he be discharged from confinement the ground that
there was not stuff lent evidence to convict The Dis
rct Attorney and Court thought otherwise and the latter
suggested that he should enter plea of guilty This he
refused to do and alleged that he perfectly innocent
of the allegation that had been made against him and
could satisfactorily prove it trial. He then
manded to prison for trial the first day the ensuing
term next week. The girl Ann Murphy still confined
In the Of Owen Mclntee and Edward Kelly, the
latter OF whom had entered plea Of guilty of INSIDE
for manufacturing counterfeit and fifty pieces
the coin OF the United States the Court stated that their
had moved for arrest of Judgment on the ground
that they could not be convicted of a msdemeanor
under the statute for the offence charged. They
were therefore discharged. The ground Of this
discharge understand is, that there is State
law to prohibit the manufacture of counterfeit coin
OF the United States, the laws of Congress fully
cover all offences of that character The District Aor
ney in urging the of Mcntee before the jury
asked under the Common and under the statute
The Common Law renders the offence felony and there
fore verdict of misdemeanor illegal They should
have been handed to the United States District Attorney
when prosecution woula have resulted in certain
viction.
Charles McCarman, Felix McGovern Patrick McCor-
mick, James Dobson and Patrick earns, convicted of
riot and assault battery several wachmen Orange
street in front of Quinns porter house. severay
fined S. each and discharged
The Grand Jury came into Court and presented num-
Der Of bills of Indictment among which were one against
Moses Beach, editor Of the Sum- for libel James Cor
don Bennett and three against Albert de Merritt for
ceny, and one for conspiracy
The Grand Jury called the attention of the Court az it
has been often called through the columns of the Herald
to the evils arising from the confinement Of persons the
city prison in the cells companionship with per-
sons accused and guilty OF crime Also to the necessity
Of the appointment of female matron to have charge Of
the internal arrangement Of the prison in which females
confined
The Recorder replied that application had been made
to the Legislature to allow the District Attorney take
the evidence OF persons who unable bail for
their appearance witnesses before the Criminal Courts
and that they would place the last suggestion before
Common Council for their action.
The Court then adjourned for the term ami will meet
again on Monday next.