The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-13
Price Two Cents.

tce of the first that excited it, there would be great ind.
vidua injustice without causing any public benefit, For
these reasons think that fine of two hundred and fifty
dollars in this Is all that public justice requires
demands. ELJAh r. itlDf,
Aid. 10th Ward and Judge OF the
Court of Sessions.
DAVID VANDERVOORT.
Aid of Eighth Ward, and Judge OF tho
Court of Sessions.
The defendant then paid the fine and left the Court room
The Court then imposed additional fine of $50 on
Moses y Beach, for iibel on BENJAMIN IL. Day.
Another Fin,-Tabott Watts sentenced TO pay
fine of 500 for libel on William Longworth.
Trial Of Thomas Prnksu indicted for constructive
grand larceny resumed from yesterday, by the defence
calling Judge Randall to testify TO the action IN the Ma
rine Court the judgment obtained for the plaintiff, and
issue OF the execution for 500 damages.
JAMES Nice AppEN, testified that he boarder with
Punket in May last that in the latter part Of the LIST
week in May the first part OF the second week he
Barber opening some trunks OF his that the hall
Plunke asked Barber his wife taking out
things if he intended to take away his goods and il SO,
he would make charge but they in his way
if he failed them that time he would charge
him dollar day long they remained for storage
The accused honest man. and OF good character
Barber made reply to Punket when he spoke OF the
to the same effect. Neither Of these Witnesses any
goods removed during the month OF May except by Mrs
Barber, and which were small articles Witness and LIS
wife left Plunkett's in the latter part OF May.
WILLIAM GnBs testified TO the effect as the pre-
vous witnesses in respect to the accused telling Barber
that If he did not his goods he should make tho
charge of per day for storage Witness the goods
belonging to Barber at Punketts month after this con-
versaion took place. Punke highly respectable
man Another witness named Crosman corroboatod the
testimony OF Gibbs with the addition that Barber being
requested by Punkett take his goods away Barber
piled that he would take them away when he ID
pleased. -
Thomas WnKrR formerly salesman to Thomas McDo-
nouCh an auctioneer in Chatham street, testified that
Plunkett brought the store goods consisting Of differ
ent articles, the 9TH of June, which sold and
fetched about $50 Plunkett bought some of The goods
in, and run the others up to high price.
A number of respectable citizens called TO testify
the good character of the accused honest and up
right man.
The prosecution called several witnesses TO rebut the
testimony brought TO bear the the part OF the
defence amongst which Judge Randall (recalled),
who testified that the trial before them in the Marine
Court the witness Crossman then swore that PlunEett
said he would charge Barber 81 per week.
TheCourt charged that it, from the evidence in the case
the Jury of opinion that at the time the accused took
the goods on storage il his intention TO appropriate
them his he guilty of larceny Int on the
other hand if such intention existed at tie time and
subsequent led selling the for storage, no
repass could be attributed and consequently no larceny
committed.
The Jury retired for about hour and half ard Icing
summoned render verdict, stated that they could NC
agree there any probability OF being able to 90 20
respect and discharged by the Court from iuT-
ther Consideration of the subject
The Grand Inques.-The grand jury came into Court
with number Of bills Of indictment found by them, and
after they were handed to the Court, retired
The Court ad journed till Monday next at IL o'clock