The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-10-11
General 9esslons.
Before the Recorder and Aldermen Jabez williams and
Jackson.


JONAS B. PHrLL,ss for the prosecution.
THu..pAy-Graul Lsrceny-second trial-A young
man named Frederick Watson was tried upon an indct
meat for grand larceny in stealing about $500 worth o.
he LIST Of August last Watson implicated with Ben
amn Dorssy, the steward Of the ship Uuca VINO was
tried and convicted at the August term OF .ns
absence Of about half an hour the lary came IN WIN
verdict Of sly. Sentence suspended I'LL FRIDAY James
Phi Iare,nv Henry Bake was tried indictment
for petit ceny in stealing two chair frames 20
from VIM Phelps OF lis and 40 Chatham street in the
month Of July last The property found on the pre-
misses Of Bake in Mulberry street. Good character was
proven on the part Of the defence and MT Mcuay na.sa
that he had repeatedly the chair frames openly ex
posed in his store Mr. McGay appeared as counsel or
Bake The jury acquitted the accused r,-a
Fsrnsn and Joseph Cornell formerly deputy keepers Of
the City prison. under the late City government, Were
having on the 18th Of April last aided ana absed the
escape of William Hoppy, alias Theford, alias Abrams,
who WAS connsd on charge having
$25 600 worth Of jewelry, watches: SC
RoBERr H. MoRRIs and THos. WARNER, Esqrs, for the
defence.
Mr. PnrLLIrs opened for the prosecution and called
MALACHI FALLos, late keeper Of the City Prison.
Q-Wers you Keeper OF the City Prison in the month
MoaRIs-i object to that question: sir; they must show
that such the by the power that appointed him
and II they fail to do that then their indictment IA Is 10
the ground because the man Hoppy was illegally com
mted there could have been offence Of the prisoner
Q~Wsrs You in the City Prison on the 18th Of April
LASH
Q-was William Hoppy in the City Prison on the nth
MI. aoRR,s-we object to that sir They must show
by the commitment that HopPy was there oo)ecuon
PnILL,ss- We shall have to wait until the commit
TALLos 60 and assist Mr. Cox in his search for
the commitment
PnILLIPs-If yon please, sir
ne Mr. Fall I'd
and said that he had made search for it in the files for
April but it not there sensAtion In Cour- have
looked for 1t and 1t cannot be found.
Mr. PHILLlrs said that he would go and make search
himself Unmense sensation in Court, amid which Mr.
Phillips depsred He soon after returned saying that
Mr. PHILLrs-I must then ask for the withdrawal Of
juro r, for can't 60 on.
MoRRn- You can't do that, sir; we don't consent
PHLLIrs-Then sir, ask the Court to adjourn till to-
morrow.
RrcoRpER-l don't think Mr. Phillips, that the Cour,
can do that While we are here that all justice
done to the people, cannot grant any indulgence to
them that we would not to the defendants under similar
circumstances.
MIR PHILLIrs-I think the gentlemen might admit some
Of the facts that we seek to prove out Of courtesy
or man should stand by and see his client sent
PHILLlrs, (bothered) Dive don't ask you to, sir.
RscoRDAR-Well, Mr. Phillips 60 on, sir
PHILLIPs-I can't sir ask the Court to adjourn
REcoRDER.-I don't see how can, sir.
PHILLIPS Then we must wait, sir
RECORDER II don't see why the accused should suffer
from any omission the part of the prosecution and
4ppears that there has been omission for was the
duty Of the prosecution to that all their evidence was
in, and to produce the commitment.
PHILLIPsWel sir trust the Court will acquit me o.
any neglect sent message to Mr.. Cox, last night TO
have the commitment prepared and had Mr. Cox apprsed
before this was called that the commitment was
not to be found, should not have proceeded to trial
understand sir that the commitment taken by JUS
sce Taylo from the files at the time Of the preliminary
MoRRIa- We are willing to wait in any reasonable
time, sir.
PHILLIrs-Ifthe counsel would admit
We don't admit any thing sir.
Mr. FALLoN then testified that he believed Justice Tay
lor had possession ofthe commitment.
Common Council The minutes Of that body containing
resolution appointing Malachi Falon keeper ofthe city
prison. were then presented to the witness and
MIR. PHlLIrs called ROBERT H. MoRRm, one Of III.
counsel OF defence.
PHILLIPS Handng the witness paper) lis that your
agnature2
Objected to the paper being read evidence
This paper was the notice Of appointment OF Mr. FaoD
as keeper.
Monau-If you have finished with me az witness, j
this testimony and all similar for the broad reason that
believe that Mr. Fallon not legally appointed keeper
the State contend that his appointment should have
been made by resolution Of both Boards passed ssps
rately.
The CouRr overrued the objection and counsel for de
fence excepted The minutes and warrant OF appoint
evidence
MALACHI FALLoN, re-caled.-l was the keeper OF tho
City Prison last year.
PHrLL,ps.-Were Edward Fiernain and Joseph Cornell
deputy keepers Of the City Prison.
Counsel Tor defence objected, and contended that no
power existed the part Of the keeper to appoint them
the statute did not grant power to the Common Coun
Gil to the appointing powero any other body Of
any individual
ParLLrs There is an ordinance Of tho Common Coun.
Gil giving the Keeper the power to appoint
no question about this position as tht
Court will remember that in several cases before
courts where day and Sunday officers appointed by tn.
Common Council have been prosecuted for making ar
rests, they have been always defeated The Common
no
offence than any other Citizen The only person that pos
sessed these powers the hundred marshas appoint
ed BY the Mayor, and all others were trespassers The
statute coners powers upon the Common Council to
invest these officers with such authority does 1t allow
the Keeper to appoint these deputies.
The Court overruled the obecton and decided that oI
the purposes this they should consider these Depu
~ Keepers as legally appointed
PHILLIPs-Mr. Fallon, was Mr.. H0ppy confined in the
city prison in our charge
Defence obectedas the commitment itself was the only
legal testimony
PHILLPs-I believe he was recommitted by the court
after he was arraigned.
Justice TAYLOR here came into court and was called to
the stand
ParLLrs-was Hoppy committed by you
TAvLon-Ye, sir last it on the l2,h Of April il
dated on the llth have not seen it since gave
it to officer Gilbert F. Hays
PHlLLIrs-We now offer testimony to show that he
was committed
Counr-As the files have been searched and the psper
appears to be lost we shall admit the testimony
TAyLoR-The commitment stated that Hoppy was de
tanned on charge OF burglary in the third degree fo
entering and robbng the jewellery store Of the Rock
wells in Broadway.
Mr. FALL0N was then recalled did receive Hoppy in
my custody o commitment from Justice Taylor; he
was confined the second corridor in cell % Of
A-Fernan had charge Of that corridor Hoppy escaped
from prison about the LIST OF May ascerained the fac'
from an officer who told the outside Of the prison
As was returning from down town | Immediately
into the cell where he had been confned md asked
i'm hn in thp
from which he had escaped found no breakage i'll tn,
cell the key Of the largeouer gate found in it,
usual place false key was found by ma in the watch
house gate on the night before Hoppy escaped remem
Der that at the time note sent 10 me by Jus
ice rsylor also gave him the commitment Justc.
close confinement; when returned Fiernain not q
MS post it either his duty to be there to hav.
some person to do his duty found some one OF III.
keepers there but cannot now tell who it was be-
lieve II was MIR Astn
The Court here took recess until halfpast o'clock