The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-04
General Sessions.
Before the Recorder and Alderman Schiesiia and Sea

General Sessions.
Before the Recorder and Alderman schefsiia and Sea-
MATHEW C. PArERsos, District Attorney
Disc. g. The Davis Cdse-Shortly after the opening OF
A. s ana wss ENGAGED II sondry
whsperings with the Court Ia earwig
D.sIncI ArrOa.EY (ates watching the ps0seei,ng
ton to be made in this case oil Davis wi Dc made IN
lMr Russell Immediately stepped to his proper posi-
REcoaDzE-Mr. Russell only informing the Court
Of the situation Of Mr. Jordan, his associate counsel and
his inability to move in tho matter to day Tie Court
will proceed Friday next to dispose OF the matter un
Monsr knows that unon the point
which raised could not get stay ofproceedings
but when the Court gave their decision in the case we
understood that the motion left open, and that the
Court agreed to allow to argue the motion again.
failed in getting the matter beorethe Supreme Court
contrary when asked the Court ii was to consi
der that the subject would be again taken up, your
honor replied in the negative
RusskIL-No sir no. sir, twas not so. sir. The
Court decided directly the reverse.
CLERK OF THE CouRT-It was net entered on the MI
RussxLL-Your minutes 60 more than half way.
CLEax-l am much obliged to you for the compliment
but it is not sir and you cannot point to an instance
RussELL-Yes, can-thaI case the other day.
CLERK-In that very instance sir 1t was proved that
Case Of John a. Monroe in the case Of John A. Mon
roe who sentenced to one months Imprisonment in
assault and battery upon Charles 0Conor, Esq
Der of the bar which sentence was afterwards recons
dered-he Recorder said that the Court had received
communication from the counsel Of Mr. Monroe stating
that owing to his ndisposon he bad been unable to pre-
csion until Friday next, when sentence will be pro-
nounced
Eapanato,y-The Reporter takes this occasion to say
that in restion to this missppre
hended by He did not intead to be understood as
sgreeng with the court in the business Of their sentence
With that he had nothing to do Individually ne con-
sidered extremely unjust and uncalled Tor He
merely wished to reprobo,e the manner in which the
with great flourish publicly to let the world know that
all treated alike in the Court Of sessions, and then
Monroes counsel and friends without even the know
ledge Of the District Alto ey and then ately permit
ted 60 at large when the community by the
published court reports that he prison This was
what he wished to expose and reprobate With regard
to the perhaps not strictly legal
taken by surprise had the motion to reconsider bsen
made publicly, and in open court, nothing would have
Cas-. Of Mike Walsh-sentence was postponed in the
case Of Walsh till Friday next.
Mr. JORDAN into Court said that he salts
fed by full investigation of the subject that would be
impossible to get the matter up before the Supreme Court
either by writ Of mandamus ccrtiorar because the
former would not e and the latter would not present the
question: and utterly impossible to incorporate the
matters they wished to present in bill OF exceptions
He accordingly asked leave argue the matter
again UPON the papers already before the Court;
The RECORDER stated that his associates had made up
their decision under the idea that the matter could be
carried up before the Supreme Court. pfr
DISTRICT rroRrEY-If the Court do allow the motion
sias argued 's''n '0'' insist upon submitting 10"
JORDAN Then shall object sir if the Court permit
you to do So shall claim the same privilege.
RECORDER The Court wish to have the matter FULLY
pres -nted to them
positive and to show that some Of that jury w0e actually
drunk.
morrow the argument and directed the counsel for
defence to serve his additional adavits upon the Dis
trct Attorney before that time - ,y., =
pleaded with Honey well Vincent who was convicted at
the last term Of the Court was tried for passing s.
counterfeit bill the Barnstable Bank Yarmouth, upon
James Mcdonald, Of the corner Of Lewis and Broome
Streets the 9ad Of October. The evidence tor the
prosecution that the accused was in the store 81
Mcdonald with Vincent and passed So BILL and that
other counterfeit monev OF the same description was
found on the person of Vincent.
The RGcoRpsn remarked that hardly worth while
for Mr. Price, the Counsel OF Prisoner to go into any
defence
The DISTRICT ArroRNEy however, produced another
witness who prov that the prisoner was seen in com.
pany with one notorious passer Of counter
character. At O'Clock the jury retired:
Funny Of disagreement AT half past O'Clock
the jury VOID that they were unable to agree and
the Court them and enquired Of them whether
they disagreed upon facts.
upon the evidence but Of the Jurors could not
agree to what your Honor meant when said that
was hardly worth while for the accused to 60 into any
defence. Some Of the Jurors understood Honor to
that the guilt Of the prisoner was 80 fully proved
that there necessity Of going into the defence
others understood your honor that the prisoners guilt
not made out strong enough to weren't defence.
The RECORDER said he did not intend to express any
opinion the me and he made the remark before all
trct Attorney had closed
The jury accordingly retired again
Illegal Poting-A man named Thomas Brown, was
tried tor misdemeanor in voting the recent election
the Sd district Of the 9th ward Of this city, not being at
the time entitled to vote, being nonresident.
appeared in evidence by his confession, that he
was an alien ALSO The fact was not established that the
ted mob dy could identity him, and apart from his own
confession there was evidence sufficient to convict
him. After absence OF about half an hour, the jury
rendered verdict of guilty
The court sentenced him to six months imprisonment
in the penitentiary by way Of setting others an example
.anoher Case-stephen Webb placed at the bar
charge Of perjury In swearing ut the 7h district Of the
7h ward the election that he citizen,
years Of age resided in the city and district and had
proved by the prosecution that he had previous
voted IN the 9Th district: and being challenged at
the 7h distot by the witness who had him vote in
the 5h district, Lie took the oaihs and his vote
ceved whereupon he arrested and taken to the po
Jury convicted the prisoner without leaving their
| seats.
On being asked what he had to say why judgment
should pronounced against him. he replied that he
had been sick with chlls and fever, and the day Of
election he got drunk and and did not know what
he dd-hc did know that he had voted and recollec
ted nothing about II.
The Court alter some very severe remarks, directed
him be imprisoned in the State prison for years.
At O'clock the Jury in the case Of Wheeler having
agreed, in and rendered verdict Of guilty with
recommendation to mercy Rcmanded for sentence till
Friday.
The Court then adjourned till tomorrow morning at
i II o'clock.
U. 3. Circuit Court.
Before Judge Belts.
Dec. 3-Brtu vs. Wood 4 Fogsr-This case, reported
In yesterday Herald was resumed II was brought to
rerover for the alleged infringement Of plaintiffs patent
right The plaintiff 10 mechanic and engineer residing
Mattewan Duchess county and on the 10th Of July