The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-12
Court OF General Sessions.
Before Recorder Scott and Aid stoneall and Messsroe

Court OF General SESSIONS.
Before Recorder Scott and Aid Stonea and Messerole
JOHN McKEoN, District Attorney.
Nov. ll.--Senteneed.-Richsrd Roberts. an old often
der and escaped convict who referred to in ysster
days Herald having entered plea of guilty to in
dctment found against him for burglary in the Sd de-
gree was placed at the bar on opening the this
morning and sentenced be imprisoned in the State
prison for two years and eleven months in addition to the
unexped term for which he was sent on former con-
THAI of Henry G. Mara The trial of Henry C. Marx,
on charge Of having on the nth OF July last committed
assault and battery with intent to kill John Cusick by
shooting at him with loaded pistol was then resumed
by examining the following witnesses for the defence
MARY CAROLINE MARX examined-I am sister Of the
defendant; was living with my mother at 67S Broadway
in the month of July last recollect the circumstance
of John Cusick and his sister coming to the house the
morning of the llh Juy was at at the time
in room back of the hall situated in rear buildings as
recollect it was between half past and
o'clock; my mother and youngest sister (Emma) were
in the with me; my youngest sister went to the
door for the purpose Of opening it. the bell having rung;
my sister Emma had left the room but about minute
when heard noise in the entry; said to my mother
and as walked to the hall saw man and wo-
man (Cusick and his sister, there went out in front Of
my mother; the man was then about half way between
the inner and doors there is not much space be-
tween the two DOORS perhaps six feet; the inner door
stairway that comes down into the back part or inner
portion Of the hail. cannot exactly tell how far 1t was
from the stairway to the inner doors the entry is narrow
in that part where the down it; the
part OF the entry leads to the room whore were
IN bs entrv Sewssu tn. stair, and the inner
door Cusick when he testified on this trial. have
also his sisters did not hear either Cusck or his
from the breakfast to the hall do not recolleot
the precise position in which my sister was standing
on that occasion; went close to Cusck and said
to him, what do you want or what are you
doing here he stretched out both his and struck
retreaed backwards; it was with diacuisy that kept
my feet; Cusisk then called me id bitch, and
Clothes my mother replied her clothes are not here,
have given them to the coashman" by this time all
parties had reached the stairs in consequence Of tho
man (Cusck) throwing his arms about we were all OBJ
liged retreat out of his ways was standing the
my mother in front of mel my mother said to Cusck,
order you to leave the house-your sisters clothes
that is id lio the clothes in the house." and
then commenced making use Of abusive language
Sussey and ID t d old Bitch they continued
their abusive language to my mother and she then
told Emma to 60 up stairs and ten Henry my sister was
caught hold of her by the and struck her on hor
back, which caused her to fall on the stairs mother
then tried pass and go up stairs herself when Cusck
struck her violently my mother then said How dare
you strike me DO you know who am ] order you
to leave my house y my mother then got between Thorn
and few steps the stairs and remained in such
position would allow sister to rise and pass be-
hind her and 60 up stairs while my mother remained
standing the stairs the struck hsr repeatedly
the and tore off part Of the thumb nail and re-
member seeing blood on her fingers Cusck stood
at the foot of the stairs, and my mother few steps
from the bottom at the hme recollect that
said to Cusick Leave the house, when my brother
comes down he will have you taken to the police ONCE
"D-n the police and the woman shook her as in my
face and said who for Dandy Marks sisterr By
this time my brother had 10 the head OF the flight
Of stairs; the first words heard my brother say.
Ma have ordered these persons (neaning Cusck
and Inf sister, leave the house My mother answered
him and sail " ordered them repeatedly to leave
the house. but they will not go they have been
and making the most abusive brother
then told mother to order them again. and she did
they did not however, but commenced using
abusive language brother, who then ordered them
himself to leave the hsuse immediately think ne then
down few steps and held out his right hand in
which think that he held pistol; he told Cusck that
he would ae at them they did not attempt to move and
my brother then began to descend the stairs; ~ he do.
scended, Cusck and his sister retreaed towards the
door, when my brother got to tho foot the
stairs think that Cusick was half way through the en-.
my brother kept pistol still pointed Cusick and
said to him, " Go of with YOU or ~ nre;o Cusick
when my brother had got half way through the hail.
the woman tAnn Cusick ran to the street door threw
while kept .St
the man was just stepping out OF the entry door mX
brother reached the ysstbuie door, and with his len
hand placed the pistol the sill Of tho window On the
left side Of the inner hall door, and putting out his
hand to close the outer or street door, the man who IVES
brother had placed the pistol of his hand and In an
instant started back and struck my brother several
and endeavored to shut the door to- grsspsd
my brother with both hands and pushed against him. and
then took up the pistol (which had ali time been ~
ing the sill Of the vestbule door window, whore my
and said Ego away, or III re My brohsr then had
his hands the mans shoulders and was trying to put
bue door at the time she pointed the pistol Cusick My
brother had almost got the man out on the soop when
n aS psa il 10
window where my brother had put it, The man was
finally put and the door was By, the latch a,
completely shut Cusick then burst open the door again.
with both hands seized my brother and dsshsd he
head violently against the frame work or side Of the
window broke the glass the left vestbuls window
my mother then took hold Of the mans for the pur
iy struck my mother in the face, helsft cheek bone
with his fist then took up the pistol, and e nsid
but once After the pistol went Off Cu.ck conti.usd
striking my brother until they got to the street Goo,
gave way, and came off, my brother Instantly shut the
door, cannot tell whether touched the trigger Of the
OF no saqssd The now
was by my brother on the day Of the occurrsncs
s ss.
and then the co.: "a. torn sn . nov
casion, in my hands; soon after the Occurrences
mark the wall Of the entry, which we be-
sve been made by the ball discharged from the
pistol on that occasion; there still mark thu wall
did know that had shot Cu:ck until my brother
arrested alarmed st the time OF the occur.
renee that was under the apprehension that my mother
and brother would be murdered.
described the nature Of the njures she received
from the blows inflicted her person by Cusick and
also corroboraed the facts testified to BY her daughter
Mary Caroline.
EnMA MARX, sister Of the defendant, also coroborasd
the statements made by her sister, the rst witness
amined for the defence
At haifpsst o'clock, PM, the court adjourned until
tomorrow morning, whom the trial will be resumed.
Varieties.
The Wisconsin Convention have passed the following
curious law against the collection Of small debts
sec l. There shall be law imposed within this
State for the collection OF any debts of less amount than
one hundred dollars contracted within this stss ater
| the adoption of this constitution