The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-19
General Sessions,


JAMES r. WHITING, Esq, District Attorney.
ARRL lSCase Of Henry Colon In the case OF Henry
Cotton implicated with Eldridge Foster, Wal NJ PncE,
ESQ., his COUNSEL appeared ana demurred to the ndict
ments against his Client not being sufficient in law
and asked his discharge.
murrer.
Mr. PRrcE replied that there sufficient to order the
quashing of the indictments, he would convince the
District Attorney and Court at the next term argu
Trial Of james H. Wad for Em5e- .lemen Of State Hos
pital Monsy-The trial OF James II. Word, late First
Marshal the Mayor, for embezzement OF Hospital mo-
ney. the agent Of Dr. James H. Hart Health Commis'
soner from March, 1885, to March, l5i0 commenced
james r. Brady and Henry Barber, Esqs appeared for
defence.
Mr. WHITING opened the case for the prosecution. lie
stated that the accused entrusted ny Dr. Hart to
ceive the Hospital money belonging TO the State,
while DR.. Hart was Health Commissioner. at per
centsge Of u per cent The indictment charged the
cused with eceying the 3oh of December $780, the
of $50 rs for hospital money, from the owners of the
ship Charles Carroll which money was not paid to Hart
lie then proceeded TO offer the testimony OF Dr. Hart that
had been taken de ben before Justice Taylor 10y
sent of counsel for defence Mr. Barber objected TO the
testimony Of DR. liaron the grounds that the public pros
ccuo had right 10 take testimony de ben but that
such right belonged to the accused alonethat Justice
Tay not authorized under the statute creating his
Office to administer the oath to DR.. Hart making the
affidavit and although the defence consented by compul
sion such course, still it not binding in legal
If the magistrate had unawiully administered the
oath He also argued that the affidavit improperly
entitled the name of the county Of the Court oil ses
sons before which it to be issued had not been in
serted in it.
MIR Wn,rrso stated in reply that the OF counsel
of defence 10 allow Justice Taylor to take the testimony
was answer sufficient to the objections urged by defence
The Court concurred with the District Attorney, and
the testimony admitted under the exception OF the de-
fence.
The affidavit alleged with other statements that the de-
ponent had not received any part OF the $50 10 charged in
the indictment.
Upward IrscxES ship broker stated that either he oil
for the ship Charles Carroll and that the receipt for the
of $50 10 for such money was in the hand writing Of
the accused and therefore, he thought that either he or
Mr.. Boyd had paid the money =
Justice TAYLOR stated that entry OF this sum was
made the book usually kept by the accused for the pu
pose;of entering the moneys received by him.
Mr. BRADY Tor defence, then presented several legal
mtted LIST That the Indictment did not describe the mo-
neys embe7zcd any part Of them in accordance with
law ID That there was proof OF the corpus dtief-
81 That there proof oil embczzlement--ior the
mere omission 20 enter moneys in book does not const
tute and that the Indictment should have
described the money az belonging to the Health Commits
sioner. So,
IT, p. BAnnrR. Esq, then opened the case for defence
and called DR. James Meney, Benjamin Wood, James {.
Stonea Philo Doane, NJ. M Quackenboss and Alderman
Hatfield who testified to the good character OF the accused
up 10 the commission OF the act for which he stands IN
dicted. ,,,
argument and was followed by JAnu H. WHITING, Esq ,
who closed for prosecution
The Jury after short absence, returned verdict OF
guilty The case will be carried TO higher Court for a
decision On the points Of law, to which exceptions were
taken by defence. There are two other indictments
aganst the accused of the character The least pc
naty under the conviction Is two years punishment in
the State Prison.