The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-13

listed the pfted states a musician, ana
had been on Governors Island under instructions,
during that tire and has cost for instruc
tons clothing &c 800 The mother sued out writ Of
babcss claims him the ground Of his being
miner, and having enlisted without the consent OF
his parents or guardian. The judge had alterna-
tive but TO discharge him. La vreDce Redmond, one
Of the crew of the United st ties frgate Cumberland
was discharged on the ground Of minority when he
tered the service
Discharged The following named persons dis
charged from the frigate Cumberland, the ground
Of minority Thomas Braisted, Charles Freeman
Thomas Shaw Thomas Allen, Geo II. Anderson, Jo-
seph +. Dobson William Powell William buchanan,
William Essenden, John Kennedy, and George Briggs,
SUPREME CouRr--At Chambers Before Justice
Jones--Runawoy .8ppyentiee--Charles Leake, alias
Kent, who had run away from Philadelphia and eo-
tered on board the Cumberland, was clarsed by his
master, and discharged
SPECIAL SESSIONS. = August II, 1s4S = This court
was opened this day. before Judge DAILY and Aldermen
Carolan and Fitzgerald.
Some cases of tring interest disposed of when
George Leroy otherwise Joseph Warren, was placed
at the bar charged with taking so from the desk Of
proved that he went into his yard, and had not been
there two minutes when he returned, and found the
prisoner standing at the store door, and who asked
liberty to retire to the yard; said, yes and imme
diately the desk broken open; followed pri-
soner to the yard accused him Of the theft when he
seemed confused. Some Mexican dollars found
about the yard, which he identifies, and in
possession of the prisoner The prisoner is very
genteel looking young man. and was neatly dressed.
He was sentenced to six months imprisonment. A
few more unmportant cases were disposed of, when
the court was adjourned
The GENERAL SESSIONS CorRT was then opened, Judge
Daily with Aldermen Stephens and Crolius presiding.
The names Of the jury empanneled ON Thursday
evening for the trial OF Boxter then called over
who having answered the prisoner given in charge
on an attempt to commit grand larceny The Deputy
Attorney briefly opened the case, when
JOHN HALsART was placed on the stand He lives
in 18th street, 9th avenue came to town on the 25th
January last after burypg his wife, by the steamboat
job Hart and landed at foot of Vesey street. that
he left the boat he felt hand thrust into his left
pocket md he cried out he robbed put round his
| hav, np1o annht thn han nf In uha do
the attempt and that person the prisoner at the
bar. He (witness) accused him with the attempt,
said he was sure the gentleman had done no such
thing as it would be most ungentlemanly act for
person to thrust his hand into the pocket Of anoth
err Here MIR. Nj cKeon gave significant look and q
nod at both the Court and the jury.
The COUNSEL for defendant beg to ask the Court if
this tegapbng Of the evidence on the part of the Dis
trct Attorney be either fair proper 1t is not right
to attempt to smile away mans liberty.
MIR. McKEoS-l cannot help smiling at the defence
The COUNSEL for defendant-we think it good one.
MIR. McKEoa-I have no doubt you do-that's moth
| ing though.
The CouNc IL for defendant-Well if your magma
ton is trifipg and your information slight not
10 be able to that that others are to DO
judged by your standard.
MIR. McKEoN-l know 1 am not so important man
as MIR. Brady thinks himself
The COUNSEL for the defendant-Indeed, know you
not Important at least, could never discover it.
MIR McKeon did not answer this last sally; and Mr..
Brady proceeded to crossexamine the witness. He
stated The transaction exactly the same way
fore but admitted Baxter had never got hold of his
pocket in which there $50; and that soon as
| he was accused and could get out of the crowd he
away, but was arrested and brought back by the
Captain of the steamboat, and given into the Gus
resting person, who from the hasy gait at which
he proceeding, be suspected of having done
| thing wrong but he could not identify him.
WARREN STILLwAGGoN was then called to the stand.
| he said he saw two men standing near the cook s
kitchen. Identifies the prisoner the person who
made the attempt to pick the pocket Of the first wit.
ness; could not be mistaken in him. for he has
tenance which, if once seem will never be forgotten.
He then give his evidence as 20 the details
which we're in substance, the same already given.
He ably rossexamined, but nothing to shake his
direct testimony was elected.
The COUNSEL for the defendant then to address
the jury. He said he labored under great difficulties
from the of material Witness who would throw
quite different light this transaction. and this he
the regretted both judge and jury seemed in
all to entertain opinion adverse to the ira
yerser in such cases The learned attorney pressed
it on however with the desire of Indian for blood
that az great chief he would be able to prove his
proves to his followers in holding up to their gaze
number of bloody scalps; but however this might be
the policy Of the chief it ought not to be the practice
of public prosecutor nor Of a humane man. When
his learned friend the prisoner on Monday
the associate of all sorts Of infamous characters
and when he raised the red hand of vengeance-such
would make the foundations of the court tremble,
he could not but think that though the hot blood
which in his veins, and which was the same as
flowed through his own, when raised to frenzy en-
he exceeded his duty. But although ali this ire was
expended and that the jury were told that the
victon Of the prisoner was more important than any
Of the State questions which at present agtated this
great country yet when witness for the prosecution
Insults the court he is kindly treated and received
by the honorable attorney with much blandness
If he special messenger from the old country
deputed to confer with his honor the of
country to which he has threatened, and is using all
his exertiens to carry fire, and sword and bood shed
daughter, in which the court joined) Mr. Brady theu
proceeded to review the evidence at length, which
ing verdict of guilty; but If it was they could
not find that verdict for an attempted grand larceny
was q crime unknown to the Law; and concluded
his s Client ''''' 'p'e'A " O'H"S aA a'q0'''ai '0'
Of those things that attery to attach
itself to public ofhcers-but he acted jefferson,
maxim that by his own acts and not by the words o.
others, could he be injured; and he was sorry his
friend degraded himself by throwing out unworthy
imputations he should have left such things to
ferior minds He then reviewed the evidence, and
said pickpockets hunted at times packs and Other
times in couples, having receivers as well as per-
formers and concluded an able speech by laying down
authorities to contradict the law laid down by the
defendants counsel.
Judge DAILY then oharged-agreed in his view of the
ties to show attempt to perform AN act of grand
larceny was the same II the deed had been effected
The COUNSEL for the defendant after the Judge had
charged, rose to offer bill of exceptions
MIR. M'KEoN with some heat, and objected Il
the bill being received by the court, and moved that
the jury should retire.
protested against their retiring until his bill was re-
ceived and signed by the court
MI. MKEoSMThis Is the exact course pursued a,
in the case OF Madame Reste and it done now will
the same view to delay and to save this fellow
hfound guilty. from States Prison.
The COUNSEL for the defendant-Yes; and I'll pur
sue 1t in every case where you are prosecutor
Mr.. MkEoS-Wc, object; and will not have thu
right Of the community trampled on in this way snt
respectfully submit that court should receive
this bill.
The COUNSEL for the defendant-well. think the
court will not act contrary to law, to please the
District Attorney.
MIR. McKEox-i have no pleasure to crafty, but il
this be law II U.s. in my opinion most injurious to pub
lie interests and 1t impossible for public prosecu
tor to purge large city If he is badgered this way
all sides with objections, and those raised in favor
the most hardened criminals. In the Of the pub
| lie protest against this course.
The COUNSEL for the defendant-The great matter Is
that 1t is not the opinion of the District Attorney thai
the court will take-but will act according to law
This. insist is the law and will have my bill re-