The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-21
General Sessions.
General sessions
Before the Recorder and Aldermen Williams and Coz

Before the Recorder and Aldermen williams and Coz
Nj. C. PATERSON, Esq, District Attorney.
JUNE 2O-Fo,jeied Bal : Cornelius Dougherty indict
ed for petit larceny, and John Snyder against when
there indictments OF the like character were call
ed to trial. they did appear and their bail there
fore ordered to be estreated. Samuel Smith was the bail
for Sny der'in the sum OF 5000.
I3,rga,v-George Gallafeld and William Brown two
coloed tried for burglary in the third degree
in breaking into the store OF Messrs WEIGH Co corner
Orange and Leonard streets on the night oil the 10Th
of May and stealing theretIom trunk containing 500
gold coin and $46 in notes and silver They were al
rested in Jersey city and part Of the money found upon
them. 49, . -
sentenced Galaed to the State Prison for years. and
Brown for years and months
Incest and Rape-James Priestly, public porter OF 80
Division street. tried for the unnatural crime of In
aged about ia years He indicted for attempted in.
cest" and attempted rape" The little girl who liz very
good looking and was neatly dressed appeared upon the
witness stand at the call Of the District Attorney but gave
her testimony with much distress, as follows =
am Ia years of age and reside at 80 Dviaen street,
with my atner and mother On the and day OF May last
sleeping in bed with my brother who is i've years
old my mother up stairs and my father came home
between 10 and III that night; he went to his own bed and
into my bed but was awake when he came home-l did
not know who 1t was at first, but when felt oil his hair
knew it was my father; told him to get out when he
said he thought was my mother he got up and walked
about the and then came back to bed he Put his
hands my person end used violence towards me- but
did not hold ME prevent my escape; did not cry
as there was no one to hear me; gave him strike with
foot and said father get out of bed he then gotup
The Court here remarked that there not evidence
sufficient to sustain the indictment for incest but that IL
was merely an assault and battery.
witness My fatherlanl mother did not sleep together
always she asleep up stairs; do not know whether
ntoxc ated not; he not generally very sober
did resist him he had his around my waist and that
walked me up; he finally succeeded and had connection
with me.
The case was submitted under the charge of the Re
corder who stated that the actual commission of the crime
of est debarred conviction under the indictment for
attempted incest The jury retired and after alb
oil halt hour returned verdict OF guilty
| attempt TO commit rape" and the accused
handed
This is certainly very strange decision the rape
fully effected and appealed from will be set aside
illegal The wretch should have been indicted for "in
cest" which was fully proved by the testimony Of the
child.
Grand Lareeny.--Thrce colored boys named Robert
White Robert Bowles alias Parker and George Siocnm
tried charge OF grand larceny for stealing clio
thing, jewelry, Sc, from Sarah Ann Francisco No
First Avenue the 18th OF May The testimony against
Bowles and slocum insufficient to convict them, bot
Jury found Bob White guilty, and the Court sent him
TO the House Of Refuge.
Trial for False Prefncss-Bower s. Foster was tried
second time indictment for obtaining goods by false
pretence from Csrew &lHuntington, Of ~ Beaver street
to the amount OF $780, The Jury in the previous case
could not agree upon verdict The case was iuiy "
ported that time and is therefore unnecessary 70 re-
publish IT, Soon after the trial commenced DavId brf'
ham, Esq for defence addressed the Court relative to
several points bearing the case when Juror was
Withdrawn and the trial postponed till next term
The Court then adjourned till this morning at ii O'Clock