The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-10
Superior Court.

funeral.
| Superior Court.
| Before full Bench
| July 9-Day Us. Beaeh.-The argument in this case
noticed yesterday-was resumed today by defendants
counsel Mr.. Charles O'Conor and concluded The ale
CATION the trial in the Court below on the part Of the
defendant to the effect that Mr. Day had published the
bill in Chancery, was not appeared sustained in evil
plaintiff puts in the legation to the eee that he no
only did not publish the bill but for three months after
was published never knew suspected " no the publisher
was The case having been fully argued by MIR Anthem
Tor plaintiff, and Mr. OConoT for defendant, the motion
for new trial lett under the consideration ofh Court
| General Sessions.
l before Recorder Tallmudge, and Aldermen Emmans
and Drake.
| NJ. Z. PATTEasoN. Esq. District Attorney.
| July 9-Case Of alexander Hoag-.Distrct Attorney
PARKINSON presented to the plea introduced
yesterday by counsel for defence, TO delay this trial
the ground that legal return OF proceedings under the
Of exceptions before the supreme Court had been
made to this Court. The Court stated that they would
| give decision on Wednesday morning
attempting TO Pick Pocket George Thompson
put upon Iis charge of grand larceny attempt
ing to pick the pockets Of Erastus s. Monroe in Wall
street oil wallet containing pr0mSsoy note for 81 66
valued at about 95 cents on the dollar The complainant
elt some one at his pockets while standing opposite
window case containing carcatres and the accused
seen by Mr. 8. J. Sylvester and officer Bowyer, the
act OF taking hold of the pockets OF complainant The
accused ably and ngeniousy defended by JAS
NJ SMITH Jr. Esq hut the evidence was irresistible and
| the jury returned verdict Of guilty.
Burglary in The First Degree colored man, named
George Carter was tried for burglary in the first degree
j.
AcDougal and Prince streets, the 10th of June, and
stealing about 500 worth OF property The burg arous
demonstration was inside fully manifest and the black
rogue was convicted. He Immediately sentenced to
the State prison Tor ten that being the lowest term
in the power Of the Court The accused tried
another charge OF burglary yesterday and convicted OF
petit larceny only also arragned on this charge
but refused 10 plead guilty grand larceny which would
have probably reduced his sentence to two years.
Trial Jor Mansiatg her.--A colered boy named John
Edward Robinson, formerly in the employ OF Abraham
barker put upon his trial on charge Of mansla,igh
Daley, formerly IN the employ Of Edward Wndust as
was defended by Robert Morris and William NJ Price
Esqrs.-the prosecution, by Dstric0Atorney Pate rsop
and Deputy Jonas B. Phillips, Esqrs. The prosecution
called
RoBERr SEARs, acquaintance of deceased, who had
called at the reiecory to visit him evening Of IN.
7thHe testified that he leaving the refecory be-
tween and 10 o'clock he the accused going in to
the entrance Ann street, he passed and
saw the accused coming out and the deceased and
Patrick Herman chasing him they followed him up Ann
street towards Broadway when the accused into
second door from Broadway Ann street, deceased and
Patrick Herman then turned round and proceeding
towards the entrance Oft reiectory street
the accused rushed out with wooden bar in his hands
and struck deceased upon the side OF his heal while his
back was turned towards him. deceased fell instantly and
was raised and assisted in the refectory where he died
during tho night IRON the effects Of the blow. On
examination he stated that almost instantly after the &C
cusd had entered the door he resppeared with the bar
| and gave the blow.
| RopERcK mckenzie, a fellow waiter OF deceased, at
the same establishment, testified that he accused in
the pantry Of the reecory the night in question
some tauntiDg remarks mode by dec, relative
TO his feet and color which called forth reply when
cease attempted TO accused from bread lox on
which he was sitting. end then followed him into The
street, the decease came into the rfectory to return
dishes that he had taken for supper at his
| ployers, No. Park row.
I'll PArRcx HEnSAS, the bar tender at windusts stated
he first saw the accused the head Of the steps
he was using threatening language to deceased he fol
lowed after him with deceased and returning the fatal
blow was given. On cross-examinntion by MIR Price he
stated that he had knowledge OF quarrelsome words bav
ing passed between accused and deceased and
OF the r.ecory with deceased in pursuit Of accused no
was calling "wach'-iollowed HIM TO the door where
he entered and he was going in made an attempt 10
Kick him but thought his loot did reach him;
wards tried TO open the door by tuning the knob
found fastened; they then turned back and an in.
slant after the accused rushed out Of the door andruck
he deceased with the bar OF the door while his back
| towards him.
: ELIZABETH GILMORE, who a servant at the Terra.
pin Lunch, testified that she opposite the evening
IN question, and saw accused out Of the door with
the bar in his hands and strike the blow right handed
EDWARD WINDusr stated that he called by accused
and found accused deceased in the kitchen on The
hight in question: in scue and saw deceased strike al
the accused with his fist but did see him hit him
witness then told 10 leave the which
he did, and deceased followed out after him the
had dropped bunch ofkeys the floor in the fcrfe.
Dr. HucH CALDWELL was called to give his testimony
relative TO the appearance Of the body deceased
post naortm examination, which delivered in a clear
and concise such rarely the with med.
cal men IN Court OF Jusce his conclusions
the blow was given with blunt instrument the lei,
side OF the head and that the OF death produced
by the blow from depression oil the brain and fracture
Coroner RAwsoS was called on the same point
The defence called CATHERINE SMITH the mother OF
cnsed WHO stated that when he came home the nigh
OF the hiray his shirt torn and the skin abraed
in two places from his arm and that there was some blood
his shirt all OF which he said he received III,
same night in the scuils at Windust's.
ABRAHAM BARKIR, who had been ubIUnaed by the
prosecution called by the defence prove that Pa
trick Herman the bar tender Windusts had told HIM
on the night in question that he had kicked the accused
az he was entering he door, but the Court overrued the
The morning sher the aitray that he had been beat
night before NJ Wndusts the boy returned his usual
work IN the morning at the house OF witness. where he
The case was argumenatively summed M by RogynT
MORRIS, ESQ, for the prosecution lie contended that
deceased must have been standing With his face the
cufed and perhaps In the OF attempting force oper
me door when he was struck, as the blow receive
on me len SIDE oil the head, which would have been i'm
possiniei mad been given with right handed blow
with the back Of deceased to the accusc IIo therefore
commended that the accused bad acted in self defence
should not be liable to verdict Of guilty under the evil
dence.
Wn NJ rsIcr Esq, rose to sum up FOR defence and
asked the District Attorney which degree Of man
slaughter he intended to urge The conviction Of accused
The DISTRICT ATTORNEY refused 10 at first but
pSs then poceedea %h hs and in
ofchie and most feeling manner advocated the acquita
OF accused
DISTRICT ArroRvrv followed in short but powerful
review OF the testimony which he commended suih
Gent to ensure conviction under either the second
third degrees OF manslaughter
The Court then doufnc until II o'clock this morning
when the Recorder will charge the jury.
DD- ]. Tyler, Jr. and Mr.. Hugh r.. Peasants did
did not fight the duel which was appointed between them
in North Carolina appears thai The dsy and hour wer
appointed and the Portsmouth, fnisr Mr. TYLER dul,
arrived the ground with his second and after waiting
considerable time for his adversary was abou, prepar
ing to retire, when messenger arrived stating that Mr.
Peasants Of the house OF Mrs Dupre about lively,
miles of roaring crazy with the mania potur and Tho
as he had not been aware oil the time agreed BY hs
cond he the SAID second, would Mir. Tyler if he
would wait Mr. Tyler however being satisfied that h.
had fulfilled his part of the contract immediately returned
10 Washington.
/ DuEL-A note from the editor of the Cincin.
na Commercial informs us that bloodess duel fought
oppose mat city on the evening OF the 81 inst between
| Edward kenna lawyer OF Cincinnati, and Mr. Jsnef
son Of Bank Jones OF Cincinnati q lawyer Of New or
leans Jones had previously given Kenna a Gaming