The New York herald., 1844-11-21
General Sessions.
Before the Recorder and Aldermen Winship and Has


General Sessions.
Before the Recorder and Aldermen Winship and Has
brouck.
MATHEW c. PATERSON. District Attorney.
NOV 2o-Ihe Case Of Daris-Gr riolation 81 duty
IN ne Otiers-In the case Of William Dsvis, convicted
on onaay for aiding and abeting the escape OF Hoag
that Friday he should aside the verdict,
the jury taken Malachi Faons for dinner,
under the charge Of the ocers they permitted by
the officers to have decanter of brandy, and ardent
spirits being expressly prohibited by law the Of any
by the jury would, Of course, vtstr the verdict.
REcoRpER-Mr Clerk will you call the three officers
who were sworn to take charge OF the jury in the OF
Davis
CRIrn-James Rider John L. Hyer, James r. Mount
The officers then came up to the bar, looking very
much frightened to hear what the Court had to say
REeoRDEa.-The Court have in their possession af
davts OF Robert Sears and others, showing that when
you took the jury to Mr. Fallons for their dinner
the bar kseper permitted to into the where
decanter of brandy introduced by Of and
you all sworn to take charge OF that jury you are
na q % bavs 10 or
permit any ardent spirits to be given them and the IN
hensibe you have violated the strict njunctons Of
the Court You are hereby directed to show cause to-
Ss o %
Officer HrsR.-Well, sir opposed It, and said the
Court had expressly prohibited it, but Mr. Rider said that
the Court only said that they for it, but that
the jury could have at their expense The per-
who admitted Into the came for the pur
pose of serving the dinner.
The Case Of John Clements ResumedAt II o'clock the
trial OF this cause resumed
THOMAS CLEMENTS recalled by request of one Of the
Dr. HArrxRs called by the defence-I was acquainted
resided with him. and wa. very intimate with him be
died the 2st OF March, s4l about 10 minutes before
O'Clock never heard him say directly anything about
his relations.
ANN CRAIaH sworn-I reside in this city, and have
known Michael Fitzgerald since 1912; in February Of
s43 had conversation with him, and asked him he
had been his sister since Clements went to Europe
and he said he had not never heard Michael make any
threats against Clements (This witness went with
great particularly describe interviews that
between herself and the Fzgerclds about mendng shoes
and other equally prevalent matters but impossible
to stop her until she had finished her narrative)
McHALL, SHAUGNEssy, sworn.-Knew John Gle
aud his three brothers in Ireland his character has
slways been good.
Cross Eranined-I frsm Robertson in 80 80;
| remember the ceath Of a man named Cuhane who was
murdered heard that John Clements tried TOR it;
| did not hear that he had turned Kings evidence.
JOHN HALFIr sworn am acquainted with Clements,
and used 60 to school with him; have known
anything against his character up 10 this me knew
man named Peter Murphy used to board with him;
think he came from Wexford he used to carry newspa
per here
JOHN HAYS sworn, and testified to certain decara
| tons made by Clements
street, knew John Clements in ireland; came from the
parish; his character good acquainted with
Michael Fizgerald never heard anything against him,
| except that he used to get little over the bay.
Coseramined- have heard of his being arrested and
tried and acquitted in Ireland for the murder Of Cnhane
heard few days since that he turned Kings evidence
At o'clock the defence rested their case, and pro-
posed to submit it to the Jury without argument.
PETER and MICHAEL MURPHY were then recalled by the
prosecution prove that they identified Dr. James Muir
ply their relation in this country about two years ago
/ ALEx H CRAWFORD was then recalled and testified
that interview with John Clements after the wit
nesss return to this country he told the prisoner that
sty Of his claims but told him that If the would
advance the prisoners claims she would give him f6O0
The prisoner then said he would make good that promise
he would act In his behalf and keep out Of the way
his trial for perjury.
| Mr. EMMETT then offered in evidence a document.
being the commissioners census, by which appeared
the mother Of Clements had given her Alice
Clements and enumerated the OF all her children,
America The Court ruled cut the evidence The Re.
corder charged ,heEJury briefly and after absence
ssS a snSs.ed
| Bmglny-George Learle John Dougherty, Rchsrd
Johnston, John Brown, William Anderson alias Luke
Dubois, and Samuel Jackson alias Prince, boys Of
them black and others white, tried and convicted
burglar In the second degree in entering the house
Of MIR. VIM Post, No ol4 Broadway, during the absence
the family on night the 18th Of October last and
stealing about $3.50 worth OF clothing The court
samuel Johnson black the Oldest Of the gang
years imprisonment in the State Prison The others
were sent to the House Of Refuge.
Case Of Samuel .4dams.In the Of this person, in.
dcted Tor obtaining some $50 goo from soge suydam Z
ted to withdraw their Of yesterday and put in another
plea in abatement which they moved to quash the in.
citizen of Ohio and owed allegiance tha, State alone
and within the Jurisdiction Of that State when the
ly could be tried in IT, Is State. The prosecution op-
posed this plea the ground that could not be shown
on plea in Abatement or on motion to quash the in.
dctment, matter to be produced in evidence
the trial OF the cause when, could be proven that the
defendant in the State Of Ohio at the time the offence
alleged to have been committed, he would, Of course
be entitled to acquittal They also moved to have the
plea stricken out as frivolous contending that wa,
merely introduced for delay.
The argument, which conducted by the District At
'oney and r. Whiting and Hoffman, Esqrs for the pro-
secution, and Messrs. Geo Wood Robert II Morris and
James Gregg Esqrs occupied the attention Of the Court
until o'clock. decision will be given to-day