The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-14

Before Recorder SCOT, and Ala s.uDsai and Msssfole
joms McKEcv, District Attorney
Nov 10 -csssaf Henry c hfr1'-At tbs opening OF
the court this morning. message was received from the
jury having the Of Henry Marx under considera
ton in reference to some information they desired on the
subject, &c They were accordingly directed to coma
into csur when they inmsted that there was 80 me mis-
understanding amongst them relative to the Indictment
as to whether contained one or two counts one charg
ing the accused with assault and battery with intent
70 Aii the ol@r an assault and battery only Oh being
the stated mat they had agreed and announced
verdict Of Not Guilty" The Clerk of the court,
after making the usual entry of the verdict as rendered
by the foreman proceeded to question the jurors ssve-
rally whether that in accordance with their views
and while Intercepted them in the form
viz Gentlemen OF the jury hearken unto your
dict as il stands recorded-you find Henry c. Marx
gailty-so say ye all -one Of the jurors interrupted
sent the rendition Of such verdict In an instant
the court thrown into the utmost excitement
question had been disposed of by the jury who had
dered their verdict and from which there could be
backing out on any grounds whatever The District
Attorney the other hand commended that the matter
had not been disposed of by the jury that the verdict
had not been recorded in due FORM and therefore, any
juror had right to protest against the rendition of
verdict which not in accordance with his SEN
timents II then became subject Of argument whether
the verdict had been recorded not On this pontfhe
been recorded in due form, although the words not
guilty. had been entered upon the clerks minutes
inasmuch the jurors had not been nterrogated and
permitted to whether the verdict Of not guilty
renderedby their foreman also their verdict until
When the recoruinB u VeIuct couu uo DO consoeIeo
complete; for if there could be correction made In
verdict after the 10 rendered by the foreman Of
jury, it would be absurd said the District Attorney TO
inquire of the Other whether it in accordance
with their The counsel for the defence took
q different view, rather expressed different view
this point The Court, however, sustained the District
Attorney, and the given back to the jury and
the dissenting juror called upon for any remarks
PLANTATION he might wish to make, when MIR Smith
and stated that before coming into Court some OF the u
including himself had expressed IN favor
Of finding the accused guilty otan assault and battery only
when il became Questionable in their minds whether
the Indictment contained two counts, and consequently
whether verdict OF guilty Of assault and battery ony
could be received that the foreman being informed
less that they could not find the accused Of
assault and battery only but must either find him guilty
Of assault and battery with intent to kill acquit him
entirely had without consulting other jurors rendered
the verdict of not guilty and that he (Mr Smith
about to interrupt the foreman when he told to
Court to charge the jury that they must in finding
dict for assault aud battery only reconcile their minds
that the assault and battery committed with the pis
to that he actually did fire the pistol without any intent
however to kill that they must not connect any other
part Of the aay with alleged assault and battery in find
sul.aon rendered verdict of Not Guilty, which
ceived with applause and Kisses.
Plea of Gtity-George Johnson indicted for an at.
tempt to commit burglary in the first degree, withdrew
former plea of not guilty and entered plea Of guilty,
whereupon he was remanded for sentence.
.4nofher Trial for Shooting wifh intent to kW-The
trial Of gentleman by the name Of Wilson for an assault
her with loaded pistol at the City Hotel few months
ago, then called but for the want of sufficient
number jurors he panel being exhausted the court
adjourned until tomorrow morning.