The New York herald., 1844-12-21
General Sessions
Before the Recorder, and Aldermen seama

Before the Recorder and Aldermen Seaman and Drake.
MATHEW PATERSON. District Attorney.
Dgc. 30 0-T,ial for Riof and Assault, resumed-The
trial Of lawrence Cusck John Graham alias Jack De
Broom. James Frederick and William l. smith and
James lynn. implicated with others, resumed U on
the opening CT the Court.
One or two witnesses were recalled by the pros Gu
on establish minor points OF evidnce TIE de-
fence then called number Of Witnesses to show that
William ard Frederick Smith, were at the election poll
during the at the time the riot took place and
Quently could not have participated IN the arsy
abb was also set up ON the part Of the other deien
Robert H. Morris, and Edward J. Porter. Esqs for the
defence.
His Honor, the Recorder, delivered Of the most
eloquent charges heard from his lips At five
o'clock the Jury retired
Trial Of Burglary in the Frst Degrss.Robert Sutton
w Hspp hs d%ns
Of the Misses Oakley No. III Carmine street. on the
OF july ls43 and stolen considerable amount Of pro-
Miss AsBr OAKLEY testified that the premises bro
open snd quantity Of fancy dry goods stolen and
that she found the .toien property at house In wooster
On cross examnat she testified that she and her sis
ter occupied lower portion OF the house store and
that the stere entirely disconnected from the house
CLINTON De WIrr, Esq associated with Jas NJ Smith,
Eso for the deence contended that inasmech "a was
that the store only robbed that the indictment
sustained and that being laid In the first de-
Ex-ofcsr scnmoLL testified thot he in company with
other officers searched premises in Wooster street.
and there found all the property OF Miss Oakley ana
| Crump, William Muigan and Willsm JONES' were in
the upper pa Of the premises where there was great
quantity OF burglars TOOLS The persons discovered fled
out Of the window on to the roof Sutton was attempt
ing get out Of the window when he Qhe witness came
in and he prevented him. and turned him to officers
Lambert and Riker who were coming up behind them,
while he went out the roof and arrested Mugan and
Crvmp.
Officer LAMBERT testified that he was going up stairs
after officer Schmoll and he came to the garrett
Mr.. Schmol going ont Of the window and met sutton
coming out. He said he had come TO borrow shovel
aud walked down stairs; soon after came in asked
where Sutton was and witness told him he had gone
down stairs; sutton arrested in the month OF No
vember last nearly year and half after the burglary
committed he having kept out OF the way all that
| time
The defence produced Crump, who was tried and &C.
quilted charge to show that Sutton to
his house to pay him some money Tor work he had been
dong hin Robert Sutton jr to prove that on the
night Of the Sd ofJuy his father was in helpless state
and home shortly after 10 O'Clock al
night, and remained in bed till late the next morning.
The jury acquitted the accused.
The Riot Case-At quarter past O'Clock the jury in
this in and found verdict Of guilty against
Cusick Flynn and Graham, and acquitted the others
They were then committed f)r sentence Graham was
| not In Court when the jury came in.
At half past O'Clock, the Court adjourned till this
morning at ii o'clock