The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-01-18

Before the Recorder and Aldermen Miller and Dew


JONAS B. Phillips, District Attorney, ad interim
JAN i7th.-Cass of LOUIS Dietz .assumed !nsanity.-.
from Mr. Jacob Brinkerhoo BY false and fraudulent pre-
tence Az Detz appeared evident that he
countereiting insanity. His curly hair was stand
ing AL over Is a old
Mr. TowrsErD, his counsel, informed the Court that
since the trial OF the prisoner he had become convinced
that he insane and he held afdavis to establish
that fact During all his professional intercourse with
him. he had been unable to learn anything about his
family or his business independent Of the transaction
with Mr.. Brinkerhoof
He then read certificate Of Dis Andrews and Bonati
70 the effect that they had examined Diez and found
fracture Of the cranum, produced. ssid by fall
from the masthead of vessel about Ave years ago. and
that the injury sufficient to produce lunscy at times
Also affidavit from JAS Phillips and John 8. Magnns,
who had known him for four five years, and believed
The counsel also stated that nterviewwh the pri
soner at his Office some months ago. and that he raved
like msdman tearing his hair, throwing down his UNI
brella &c and going on in wild manner-sated that
Mr. Brinkerhoof was pursuing him from place to place,
throwing stones at him. &C. and that in ordero calm him
Mr. TOWNSEND said that he believed in the prisoners
insanity fully he did in his existence not that
and he accordingly asked the court to take the matter in
to that they would not sentence
man IL they believed he insane.
MIR BRIRKERHooF wished to state the court that he
had thrown stones at the prisoner mareated
him tG
the prisoner had been convicted remarked that he had
evinced 80 far from insanity good deal Of contrvance
that he had In relation to the insanity
tho Court in the possession Of adavs from
different merchants who had had intercourse
and dealing with the prisoner, and that he had
evinced anything like insanity. The sentence Of the
Court was therefore that he be imprisoned for two
Case Of James Kadden-In this case sentence was de
ferred till Wednesday next to allow counsel time pre-
pare bill Of exceptions.
Rs~>, CfoIs I'm tad nf
ceivng stolen goods sentenced to be imprisoned in
the City Prison for two months and pay ne Of $40
Burgary-Joseph Thompson and Thomas johnson,
convicted yesterday Of burglary, severally
fenced to two years and six months imprisonment at Sing
Case Of Ikof and Doye-In the OF these persons
indicted for libel upon George D. Bowling, consisting
Of the writing and publ cation of malicious report in
the defunct Republic, DAVID GRAHAM, Esq moved that
the 60 off for the term in consequence of the ab
Of material witness, John o. Sergeant, who is
now in Washington. He stated that Mr.. WikoHrs de-
fence would be- that at the time the publication appeared
he not the proprietor publisher Of the paper, and
was in Europe and that II was necessary to have Mr.
the paper at the time
Mr. bowLrc counsel stated to the Court that he wa,
anxious to have the matter b ought to trial. in order to
vindcate his character more than to punish the perpe
of the libel and that his client had been suffering
from the effects of the malicious article ever since III
publication. He also mentioned that the reporter had
become bail for Mr.. Wikof and had since left the coun
try for Ireland.
Mr.. GRAHAM replied that Mr.. Doyle had been attacked
with consumption, and had left the country in conse
q,ence Of his health, for congenis c mate, bu
that Mr. Wkof fully able to give satisfactory bail
and that he would become his bail himself Mr. Wikof
he said, absent from the country at the time the pub
LEGATION appeared ard had caused him any inconve
nence or been the means Of iruring him in any way
he regretted 1t as much Mr. Bowling himself couldhs
knew nothing at all against the character OF that gentle
| man.
On this application. the case was allowed to 60 OF fol
| the term.
Trial for Grand Lorceny.-Mary Duffy was tried ant
| convicted of grand larceny, in stealing $3.50 from
MIR Delight Gardiner. Of Long Island, Of the boarding
house Of Mr. Teller, on the 29th Of December
Obtaining Goods BY False P,sfences John T Bartlett
was tried and acquitted indictment for obtain
ing fifty boxes of soap, worth $279 from John Kirkbam
Co., No 81 Cstharne street. the 10Th Of July There
evidence that the representations Of Bartlett
false L. Sheppard for the defence At o'clock the
Court took recess for half an hour
AYTERNooN SESSION.
Trial for Grand Larceny Ellen Higgins was tried
and acquitted on an indictment for grand larceny in steal
ing four sovereigns and $40 from Thomas Kennedy, o.
No. 1872 18th street The evidence Of Kennedy posi-
lively conradiced by number Of respectable witnesses
T, @ Henry for the defence
burglary In the First Dtgree-Thomss Orange, black
was tried and convicted Of burglary In the frat degree
IN breaking and entering the dwelling house OF Edwin
Houshcn Of No. lal Henry street on the aAn o. DsceM
ber and stealing some spoons mufs and clothing worth
about $50 j.. w. StrnDg, Esq, was asngned py .ne
Court 40 the prisoners counsel and defended MIN with
ingenuity Sentence, State Prison 10 years
At hslfpast six o'clock the Court adjourned.