The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-10
United states Circuit Court.
Proeant Iulra Naiaou

United states Circuit Court.
Present Judge Nelson.
APRIL = Trial ~ William BwTuef PtIef Q he Ssem.
boot Srosw The prisoner 10 indicted under the set
Of Congress Of the 7th Of July 1898 entitled IAN Act 10
board vessels propelled in the whole or in part BY
steam" The indictment charges that the prisoner beng
pilot on board Of the steamboat Swallow in April iss1
did, by negligence and want Of attention to his duty,
the boat to be lost, &C. Mr. Marbury, the Assist
ant District Attorney opened the case for the prosscu
ton, AID then proceeded TO call witnesses.
RosTRr HARTLv examined by the District Attorney
Is deck hand at present, on board steamboat; was
low the 7th of April last she searted from Troy
that day aud stopped at Abany she proceed
Moany and soou, 81 miles Dss0% sac .rh On
Albany, was at the Wheel captain Sqnires was the mas
ter; William Burnett the pilot Of the boat that night
house till about half minute before abe struck Bur-
nett was at the wheel at the time.
board the Swallow the 7th of April lsas, at Albany
Tor New York; she left very few minutes after six o.
charge-Mrs Parker Mira secord and Mrs BertoI; one
Of the ladies had child about years DID, witness
In tho state room saloon when the boat on the rocks
witness end his companions had taken state
one to be occupied BY the ladies' and the other by wit
nss they we're all sitting together when tho boat
pitched forward from their the noor there sp
peared to be Succession of Shocks but they did not
got up from their position and snaured what the acc
dent was; they did net know, at first the extent OF s
danger 10 which they were plsced very soon after the
with view of entertaining tho nature Of what had oc
curred witness observed that /. very dark and
cd however tho rush Of water and that the boat was
sinking; returned Immediately to the saloon and found
fsarully increasing witness sndeavored to calm
the ladies' and In few minutes after. the alarm of
hre was given, which increased the alarm Of
wards the point from which the fire but could
not discover the Are and the alarm at this time became
to about the ladies; and about the found
Mrs secord IN great screaming and endeavorng
time and Witness with the assstance Of Others
who were above. pushed Mrs g. and other ladies
Knees. wn.sa them to se
through another window, in which he cut his hand and
he was finally got out with the assistance Of others;
Mrs. Parker he had never seen afterwards she WIS
drowned the other two ladies' and the child saved
after got up they found the boat at the bottom
Of the stern and promenade deck under water,
~ was also part Of the roof over the promenade
aid 10 90 y bs serwsr no osr Of ths
upper deck and call aloud for the ladies, by name;
witness remained the wreck for half hour; the
last passenger that left III re:olects that he assisted in
and putting her board the Express does not know Of
ker; there three boats left Albany that evenings
does not know which started drst thinks the swallow
was head alter getting ost through the skylisht saw
and did not come relief and there was great indg
came next and came along side Us; the Rochester re-
turned afterwards and along side the Express;
saw the Swallow the next morning; her position was
then about forty degrees out Of regular
and hor bow was twenty thirty feet above the rock,
and we had to get up by ladder.
Several other witnesses were Afterwards examined,
but their testimony IL not important The case will be
! resumed this morning.
ArsIL s-Ins S0allov Cass--This cause was resumed
this morning, and three four additional witnesses
amnsd for the prosecution evidence is merely
Cumulative, and OF interest Mr. Cowles opened for
the defence. We understood from the opening that the
nj 10 nr PANT f
skill the part Of Burnett and that the accident was
altogether unavoidable. The will DO continued
tsis morning
Court Of General sessions.
Before Recorder Scott and Adm Henry and Jackson
John McKeon, E,q., District Attorney.
ArRIL s.TriolJor Robbery IN the ia Desvee.-Miles
month Of Fssruary last seized and oIciby taken the
nard street. while al porter house No is Washington
street. kept By the accused On the part Of the prosecu
antons porter house. and while there he was
taksnint back room, and shown number Of unsgn-
ed $40 b and requested to d them up. and on reius
log have to do with them the accused seized
him and took the money from his pocket For the do.
fence i shown that Finton was intoxicated at the
time that the money was taken from him for
ing. and subsequently, returned to him. The Jury after
brisi consultation rendered ict Of not guilty.
iosery il ss second degree in haSiDt passed to
M Lcmusl Curtis Of Grand street. counterfeit three
the svsnps Of thu 7 o. FsS.y so az
Of bill for repairs done to watch. The prosecution
failing to provo the scisnser guilty Knowledge on
the part Of the accused, the jury after few moments
consultation, acquitted him.
The court then djournsd until tomorrow morning.
Of this person indicted for obtaining goods BY false pre-
tences also Tor forgery and held to bail in the Of
$4,000 to answer for his appearance-his counsel Mr.
Bacchus Of Cleveland Oho made application to the
court to have tho amount Of bail reduced which motion
was opposed by Mr. Muiock, The Court reduced the
amount Of bail 10 one case to $780, and in the other
\ $1,000
Gaze Of Henry PenferdIn the case Of Henry Penfold
indicted lor forgery m the second degree In passing
Proseqn entered the ground that the indictment
was detective inasmuch as the bank Of which the bill
tution consequently the bill was merely false token
rha accused was, therefore, discharged.
Trial for Lbei-Ansel Frost, indicted for libel
Dr. Lucius Comstock, published in the Evening MIR
rer on the 10th Of June last was then put on his trial
On the part q the prosecution Henry j. Grew dspo.sd
several papers containing the alleged libel put up in
wrappsrs Witness has had 90 papers, in which the ar
his possssson The alleged lbeous article, entitled
Luciss Comstock's Looking Glass; was then read
to- George T. Taylor wa: then examined for the de-.
fence. He deposed that he was acquainted with Henry
S he S q a.
and vsracity bad-so much So that he should be unw
ling 70 believe him unoer oath Several other Witnesses
being called testified TO the bad character of Grew
for truth and veracty Tho counsel Of Mr. Frost also
commended that IL entirely untrue that the alleged
this suit and that in fact there not the least
to suspect that Mr. Frost the author Of the libel in
question The complainant having Jailed to show that
Mr. Frost the author Of the libel had been ipstr
mental in circulating IT, the jury without leaving their
seats, rendered q verdct,of not guilty.
Plea If Gully -Lemusl Marshall and Charles Osran.
DOR indicted for misdenssnor entered pleas Of guilty
Pss: received and tho parties directed 70 attend next
week for sentence.
Refsxnisaness Fs.fntsd-Jsms Murray and Jeremiah
Davis indicted for sggravated assaults and battery
Lewis D. Baldwin indicted for petit lsrneny Joseph
indicted for burglary Louis wisner indicted for
csiving stolen goods Henry smdt indicted for mali
cious respass Edgar and william Wilson indicted for
grand larceny and Terrence Burns indicted for keep.
ing disorderly house, falling to appear whom called
upon for tria their respective recognzances were de-
clared to be forfeited.
The Court then adjourned until Monday morning next