The New York herald., 1845-02-07
General Sessions.

Before the Recorder aud Aldermen Cozzens and Gale
Mathew C. Paterson, District Attorney.
FEBRUARY - Case of Wikef in the case of W,kof
indicted with J. s. Doyle, for libel upon Geo. D. Dow
Ing reporter of the city press published in the Repub
DAVID GxAHAM Esq, counsel for wikof stated to
he Court, that, at the last term the allowed
go of account of the absence Of John Sergeant
who was, at the tme in Washington but who was ex-
peced back before the present term In consequence of
bis continued absence he moved to have the case go oil
till Tuesday next
DANIEL MAJOR, Esq, (of course for Mr. Dowlng) sad
that he instructed by his client to have this case dis
posed of possible. Mr. Dowlng had only on
object in vew to vindcae his character and now ct
The fourth time he was brought into Court No less thar
twenty witnesses were subenaed ON the present
cason
Mr. DowLrSe sald that it was great Inconvenience g
him to be compelled to attend the Court and also for his
Witnesses, who were very numerous, and that he wa
| anxious TO havs disposition made Of the matter
Mr. GRAHAM said that il not the intention Of the
they intended to show that Mr. Wikof was not the pro-
pstor OF the paper Mt the time OF the publication lfth
article had caused MIR Dowling to suffer in public esmn
ton at all, he could say only that Mr. Wko deeply re
GREETED it.
Case of Benjamin III Ordway-This yourg man waf
brought into Court to plead indictment for arson, II
having set fire to the premises occupied by him, for thu
purpose defrauding the Insurance company Of the III
the goods his premises. He was acquitte
another indictment at The last term in consequence q
he indictment being badly framed.
ROBERT H. MoRRIs Esq nterposed to the indictment
plea Of .anrefos acqmt. previously acquitted) sep
forth at length the scquital at the previous and ur
~
effect.
The DISTRICT ATTORNEY informed the Court that th,
Indictment different and that under the Statute hi
had the right to try the accused upon IT,
MoRRs-What issue does the learned District Attorney
4 take upon the plea n
/ DisraIcr ArloarEv-The learned District Auorne,
does take any issue at al at the present time but thu
learned District Attorney desirous Of looking into o.
pleas nteposed and drawn by the learned fo
the Defence and will accordingly postpone action upon
till tomorrow morning.
Mr. NORRIS also made an application to have the defer
b9iled.
health.
The DISTRICT ATTORNEY hoped the Court would look
the afdavs before granting the motion, and the Cour
said they would.
Case Of Monague-Tn the case of Montague, indicted
for burglary, WM ParCB, Esq counsel for defence
made application for posponement, the ground
the absence of material witness, Zone SoobeJ who il
supposed to be in Boston.
The DnrRrsr ArroaNEY said that was little singu
lar that in all the tho were sworn on upon the al
:snce Of material witnesses he never had the
and beautifully less as the cause approached termne
tion.
Trial for Assault and Battery Nth Intent XIII J.
Thomas But erly, poor, defoImed and crippled mar
about IS years Of age apparently as iuh in mind
above offence in having stabbed one John Higgins Q,
the 9th of December last.
JOHN HroarSs healthy, stout built young testi
fed that he butcher, and lived at No. - Primo,
street, and that about Christmas tme he asssulte
while standing at the door OF "a Prince street. by the de
fendant He passed by the shop and afterwards returned
when conversation occurred between witness
another man about voting the other man asked the de
fendaDt II he had voted, when witness asked Wha'
he supposed the defendant would want to vote for
defendant kind of angry, and said he could whi
witness and he said h. could not witness and defandan
out the sidewalk and witness along side
walk behind him with his hands in pockets and deepdan
went into his house, and after and stsbbe
him with jack knife in the temple.
On crosseramination the wness testified that whe,
the defendant the stoop of his house, he said III
could whip him. and defendant told him 10 come out AM
do 1t witness had heard that defendant had heen
down with knife, and nearly had his spine severed b,
the employer of witness some time ago.
ata mt tho NArda sol
the prosecution could not claim conviction for
and battery with intent to- kill, because the indctmen
was defective did not set forth that the defendan
had any knife or deadly weapon in his hand but that tn
/ complaint had.
jury who found verdict Of guilty Of assault and bate
~ only
WIN sHALER Esq Counsel fer Butterfly stated that h
| was the man whose head nearly severed from hi
wss and that Butterfly had died il would have been
clear of murder. The defendant at that time npor
an indictment for assault and battery with intent xii
Butterfly, acquitted upon the ground that he was in
| a9ne from deii,ium frsmens at the time
At the request OF the CouRr the defendant showed b
| neck which IL shockngly mutilated. Sentence
| pended
NoLs Prosequi.-In the case of Manus Kelly indicted
with John Lloyd for keeping disorderly house In,
Comet in Centre street the District Attorney with the
consent of the Court entered noH pfossq the case
| Of Kelly as he was only the bar keaper OF Lloyd
Fo,fsiied Recogni- aneesHenry Harrns indicted fol
keeping diortely house. failing to appear his recogni
z1nces was forfeited.
| Discharged Upon motion of the District Attorney
George r. Mason who indicted for grand larceny
in stealing copper from Messrs T. X Collins Co. erd
who was used eserday states evidence to convict tbs
receiver was discharged sfr reprimand sriced
with good advice from the Recorder
At quarter past Ia o'clock the court adjourned till the
usual hour tomorrow (sridsy) morning