The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-20

Law Intelligence.

before The a Writ Of hdbeas commentator
was about fortnight ago committed TO the city prison
by Justice lathrop for going board Of the Lii
verpoo packets without license to solicit smgrsntst
go to certain boarding house in violation Of the
emigrant law habaes corpus has been issued at the
instance OF the special Justices of the late police court
aud the release of Walker sought for two grounds
First, that the act is local embraces subjects
than one and secondly that only of the subjects
Is embraced in the title in of the con
sttution ana therefore the act Is unconstitutional
and void, and the commitment illegal. Mr. l.. b.
Sheppard was heard at considerable length in support
OF the discharge OF Walker and Mr.. Dudley Field in
reply. The case Is postponed till tomorrow, this
ing, when Mr. d. Graham will close the argument
against the constitutionaity Of the act
| UNITED STATES MARSHAL OrFioE-May l9-.4ftempf
at Repoit-Three sailors two of them named Woodheld
and Richardson, the third name not known,
rested this morning and committed for examination,
for attempt create revolt board the schooner
Shylock lying opposite Staten Island.
CouRr OF GENERAL SESSIONS, May 19.-Before Recor-
der Scott, and Aldermen Dodge and Hatfield. Jonas
b. Phillips Esq, Assistant District Attorney.
Plea Of Guilty Elizabeth Gafney indicted for
grand larceny in having stolen S35 from James Haley
on being arragncd at the opening this morn
ing, pleaded guilty and was sent to the State prison
for the term of years John Abel indicted for steal
ing go from Casper krensten also pleaded guilty and
was sent to tho Penitentiary for three months.
;. Trial for Burgiary.-Thomas Johnson alias William
| Darlington, then called to trial an Indictment
charging him with having in the month of December,
1874, broken into the store of John Hutchns and
len therefrom cloth, vestings, &c, valued at S102
On the part Of the prosecution 1t shown, in evil
dencc that the prisoner about the time the burglary
was committed, sold to Hugh Monahan a quantity OF
| cloth, which subsequently identified by MIR
| ilutchns as his property; that Hugh Monahan
also arrested on account of the goods having been
found in his possession, and was tried and acquitted
For the defence, the prisoners counsel cOntended
| that the indictment in this under the
statute of limitations, which provides that 1t should
have been found within three years after the commits
sion of the offence unless it could be proved that tho
prisoner had not been resident of the State during
that period, which fact the prosecution being unable
to show the jury, under the charge of the court found
the prisoner not guilty and he discharged
John Johnson next called to trial charge OF
stealing gold watch valued at $780, tho property Of
James A. Downs From the eyidence adduced
tho steamboat Knickerbocker, where the
employed, and that the watch was subsequently
| covered from the prisoner The jury found the
cused guilty of petit larceny only and the Court
fenced him to months imprisonment in the peniten
tiary.
Trial Of Illegal Toters.-Dnvid Clark was next
placed at the bar for trial charge of having illegal
The prosecution failed to sustain the Indictment and
the jury accordingly rendered verdict Of not guilty
Stephen b. Finch was next tried for illegal voting In
the 9th ward at the last charter election he having
the time but recently removed into the city from West
chester county. The jury found him guilty, but re-
mendcd him to the mercy of the Court. The pri-
soncr pleaded intoxcaton and ignorance excuse
| for committing the offence, which account, nd
his previous good character, the Court sentenced i'm
10 hve Jays imprisonment only IN the city prison
John Welsh was also tried and found guilty Of having
voted Illegally in the LIST ward at the last election, and
the Court sentenced him to three months imprison-
ment in the penitentiary.
Trial for Grand Larceny-Frederick w Froeming
young German then tried n charge of steal
ing S35 from Peter Gherkn In the Of the trial
it appeared in evidence that the prisoner slept in the
same room with complainant, and while the latter
asleep the accused distracted from his pockets the
money in question; that on arrestng and searching
the prisoner, the purse belonging to MIR Gherkin con
tanning S1S found in his which he 40
knowedged having stolen for the purpose Of proour-
ing srit Of clothes get married in The Jury with
out leaving their seats found the prisoner guilty and
the Court sentenced him to be imprisoned in the State
| prison for 2 years.
| Another trial for Grand Larcenv-Georgs F. Shaw
then called to trial. indictment stealing
$3.50 from Henry voght. On examining the first wit
went to bank with note check for the purpose
getting 1t cashed and got the money but forgot to
leave the note check whereupon he arrested for
larceny At this stage of the trial. the prosecution
abandoned the case and the jury under direction Of
| the Court acquitted the accused
| The Court then adjourned.
| EXAMINATION Of CARrEH.-The examination of Ben
jamin ~ Carter, charge Of poisoning his wife, with
intent to murder, took place says the Boston Tines in
| Gloucester on Wednesday We have received from
the Office of the Gloucester Tsiesraph an extra con-
tanning the evidence which introduced and which
corresponds in its main features with the statements
heretofore made in relation to the affair The testimo-
ny was strong as to the guilt of the prisoner but
provocaton was shown which could have induced the
| preparation Of such act
The principal with against the prisoner his
own wife who detailed the circumstances under which
tho supposed poison was administered and the suffer
ings produced She testified very fairly towards her
husband declaring that they had lived happily together
for the past three four years Mrs how
ever second wife, and there appears to have been
want of cordially towards her the part of
members OF the prisoners famy-hs children leaving
| home soon after the marriage. 1t proved the
examination that the prisoner purchased arsenic
the very day of the supposed attempt to poison, and
that arsenic found in the bowl which his wife
ate. Carter was bound in $4,000 bonds, to the C.
| T. Court, to be held at Ipswich
The following evidence is from the wife Of the prs
| oner:-
| Mary Ann Carter ealied-Am wife of Benz NJ Car
! ter Mr.. Carter came home ut half past O'Clock on
| the night Of the I'd Of May; he asked where the
milk was he sent home in the morning; told him it
in the back the shelf. He said he was al
most starved and asked me if there any crackers
in the house; told him there none but had
some soft breadr He said he wanted crackers rained
very hard, and he said " take your umbrella and 20
across the street and get some be ninepence,
and went. When returned there n bowl and
spoon my side Of the table, (the side where always
sit) The bowl was ready when came in; he desired
me, and thought | would not refuse him; he
began to eat, and took cracker and went to
eating; after commenced eating, he said this milk IL
good thought it did not taste very nice but did not
so to him; had nearly eaten my cracker and then
stopped then took up my spoon, and when took it
up there was in 1t nearly half spoonful Of white
substance; put it down again, and whether he saw
me or not, cannot tell, but he went Immediately to
the back door; looked up to the window. and he
in the back door, looking directly through the window
on the table which standing in the hoor he
in; removed the bowl and saw u white substance on
the sides of my bowl he and sat down; he said
feel dreadfully told him he had better go up stairs
lie said not then; he would sit there while perhaps
he would fell better thought he going to have u
| fit, and rs was alone called Mr.. LAWYER; when he
came down. said, Mr.. LAWYER Mr.. Carter is sick;
wish you would help get him up stairs then sat down.;
felt dreaduily; thought what have been taking
My stomach and my throat were burning; felt very
II white substance in the bowl took my lamp and
went down stairs took the bowls and placed them
the table where they before; had previous
ly put them a dresser took coffee cup and took
the bowl ate from and put the milk in the coffee cup
and then saw white substance in the bottom Of the
bowl should think there great spoonful then
took grain my myers and found it gritty; then
put the bowl upon the dresser then began to
feel very badly; my stomach was burning and went
up stairs aud sat down; thought might be agtated
but found grew worse and then took my
lamp to see II could anything out of the way; l
|
pocket where found In his pants white paper; took
the paper and went down stairs; undd the package
and there found this white substance compared ths
with the contents of the bowl and thought they
alike then said to myself, whnt can this be |
thought how bad felt sick woman; thought
| must ask MIR LAWYER to come down-he came down;
| said am sorry To disturb you but I should like to