The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-23


gage don, .,o Won 20 y. -. 0a,. If ,ns sequence
you will state what transactions you have had Win
him
Ale may have carted some for me have had no
other transaction with him in negotiable paper
O. now pass to another transaction. Have you ever
given mortgage on the same lots to Mr.. Totten
having been apprsed that the Reporters present d
ected that ali persons not engaged in the examination
public courtand any other person wished to procure
intelligence statement of the examination lac could
do SO by applying to the court after that the papers shall
ing on the part OF the Commissioner was who pubic
officer. the gentlemen connected with the Press, who
were present, Immediately withdrew
General Sessions.
Before Recorder Tallmadge and Aldermen Briggs and
Waterman.
JONAS B. PHLLPs Esq. Acting District Attorney.
THURSDAY, FEB -Bwsia'y.-Wm. Berry alias Henry
Foster was tried on charge Of burglary in the first de;
the night Of the Sd Jan last and stealing coats
valued at $40 o. One Of the found his back
aud three keys that would unlock the door of the house
in his pockets when he arrested The jury returned
verdict of guilty and the Court sent him to the State pr
Trial Of John Jones for 4bortion-The trial Of this man,
is button maker at 20 Platt street up stairs for mis-
in creating an abortion by administering drugs
to young and pretty girl named Catherine Costello was
then called up.
JAMES NJ. SMITH, jr Esq., counsel for Jones' before
the jury empanneed and called the attention of the
court to the following report contained in the New York
Herald OF yesterday relative to the case about to be
tried -
Case of John Jones-The trial of John Jones' button
maker of ~ Plat street, indicted charge Of procur
ing abortion from Catherine Costello, very pretty girl
who was formerly in his employ was set down for Thurs
day. ths day. the complainant being called and not
swerng She came into court before the hour Of ADJOURN
men aud stated that threats had been made she appear
ed against Jones' that she would be sent to State prison.
and also that inducements had been held her to per-
the threats had alarmed her and She therefore did not a
pear in the morning at the hour she was subpGnaed -
The acting District Attorney placed her in the hands of
|
morning. when the case will be tried 1t will be of
the most interesting cases ever tried in the Court OF ses
| sons."
He said that this statement might possibly be construed
into supposon that his client was concerned in making
these threats, holding inducements He
ly to avOw that such act had been committed by his
client or any other person, to his knowledge.
f. +. CANT of the New York Herald and said that
the report contained nothing but that which strictly
true, and which stated to the Court by the unfort
girl at the time she came before them yesterday after
noon.
MIR. SMITH do not deny the correctness of the report
wish merely to deny that my client has had any thing to
do with the charges made by the girl when she came
into Court
The following named jurors were then called to each
OF which MIR SMITH, for defence made the enquiry of
prejudice previous know ledge OF the such to
form bias when all answered to his satisfaction, and
Charles Slornan William j. Gender George DaveIin
William Armstrong James Rider Joseph Harris William
Gardner, Caleb Widely, William Lee, Francis Heden
burgh, Christian Hanson, and Smith Keller.
The prosecution then called the complainant Catha
ness stand She is about eighteen years Of age with
extremely pretty face sparkling jet eyes. and cheeks Of
such roseate hue that the Court and jury supposed that
art and not nature, had adorned them until the clear
white and red to minge she blushingly
lated her straightforward artess story The court room
was crowded to excess, and although there
warm demonstrations Of feeling the part of the
yet they were instantly hushed and the most per-
nate girl orphan, almost homeless, houseess and
pennyiess, since this transaction.
John jones' the accused, at this period also took his
seat near his counsel He is an Englishman. Of about
thirty years of age smGl Size red wiry whiskers Light
grayish eyes thin sharp nose, and rnddy complexion
tain portions Of the testimony elected from the first
witness called upon the stand.
JONAS B. PHrL,rs Esq opened the case briefly on the
part Of the prosecution He stated that the
Of novel character but the offence such that clear
ly proved it involved double crime. That the unortu-
nate girl who to be the main wness here friend
less and almost alone. That thus situated she
PEELED to bear up against wealth and influences the
OF the accused that would probably be exhibited by the
defence in attempt to ruin her reputation and break her
down forever He stated that she had become acquainted
gagged in employ men with him as bottom maker at his
establishment in Pfa street That while there he became
attracted by her personal charms, which resulted as
would be shown by the evidence in his promise of
ragc, her seduction after criminal intercourse and sub
sequent crime of abortion produced by powders admins
tered by him to her From the nature of the testimony
he said that the main portion Of the charge be
tanned by the girl herself these things Away
committed in secret without observation from any except
the parties concerned. He presumed that effort would
made by the counsel for the accused to witnesses
against her destroy her character but he believed that
her plain aress story would satisfy the jury oil her truth.
the that might be pursued by the
accused to further destroy that which he had already
med ii guilty the accused deserved the execraon Of
every man, and he regretted that under the statute the Of
fence was not punishable by more severe penalty than
that oil msdemeanor lie concluded by saying that the
testimony was such that LETT no doubt in his mind OF the
guilt OF tho accused which the jury would be called upon
to make manifest by their verdict He then called
UATHAHNE CosTELLo, who was sworn, and deposed ms
foowsMiy name Is Catharine Costello; am past seven
teen years Of age was born in scotland my parents
Dubiin they have been there about two years and
halls went from scotland to Dublin with them; came
to thus country with my sister about TWO years ago. my
sisters name Is Nosanna Costeilo after came to this
country, went TO i've win gentleman named Edward
H. Gernoux lived there eight months; from there went
to live with Mrs Foley; remained with her only three
days. she an IRISH woman; then went 70 I'VE with Mrs
WhtocK as oomesuG hveu WIN her apo.t !our weeks
from her went BACK 10 Mrs foley s ana stopped with
her two or three days then saw an OF the
sun" Tor girls 10 worhi went 10 see MI HAL in