The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-15

think there would be any thing of serious conse.
qusnss; heard slight rettls in his throat.
EDwARp MURPHY, re-called.-Heard Watson's testi.
mony yesterday any thing he said might have been
true for ought know, was too far of at the time
WIN. DAVIS, recalled must have heard the captain
when be came out CT the cabin If he had spoken to
aeceasd did not hear the captain speak to the mau
without my hearing only heard the captain speak
to him once; that was after h. was logged mover
heard him ma Ike use Of the words stated BY Watson
The evidence on both sides here closed nj the
prisoners counsel offered TO submit the TO the
jury under the charge Of the judge
The counsel for the prosecution assented.
Judge NEisos stated that there was no color to
submit the to the jury on the ground Of murder
The counsel for the prosecution assented to the
mark OF the Court he did not think the evidences
would sustain the indictment for murder, the only
question was whether the prisoner was guilty OF man
Hlsp ghter or not.
The Court then charged the jury at considerable
length apd concluded by saying that there were but
two questions in the which to be decided from
Lhe t..unony. The first is whether the death Of
Burssts was the result Of the punishment by being
3nhctd IN degree beyond the necessity which called
for Its Infection II not there s end to the case
and the def.n dant would be entitled to q verdict OF
aequittal II you should acquit the prisoner upon
Ibis proposition, then the next question will be was
the proyocation sufficient TO warrant the pction of
puni,buent-snd,i II so, was il administered in the
usual manner and in proportion to the oence1 lit
wss the defendant would be also entitled 10 al ac-
auittsI The jury retired, and soon after returned
witt verdict acquttlng the prisoner who there
upon discharged Watson, the mate, who indicted
for mapslsughter, wa. discharged on his reoor.
nlgAnce TO appear IN the event of
the u s. District Attorney deemiDg IL his duty put
him on hiG trial
CouRr oF GrNERaL SESSIONS, November Il Before
the Recorder and Aldermen Mex night and Smith
Ttai for F.ih LaTceny--A man named John Con,
was tried for stealiuga barrel OF fovr worth IS 90.
from the deck at Coenties slip The proof clear
and positive John was pentent The jury found
him guiy but recomme nded him TO the mercy of the
court he sent 20 the city Prison for thirty days
Iorfeitsd RscogEisdnces-The following persons
being called upon to appear for trial. and falling to
Their eogniEsnces were declared forfeited Fran
eie ferra indicted for assault and battery; William
For,hsy alias French for same offence; Edward Fra
yier alias Flynn, ssrle Henry sembler, same; John
A. Perkins, tame.
Pleed Gpiify-FraucIt B James and John Evans
indictsc for burglary in the third degree In
into the Pre- mises 81 Robert Brown Of No. ia Chao
bers the l7b a. October, and stealing there
from pair ofpauiaooDs and q coat, plead guilty to
peit larceny The plea accepted. and the prison.
eisftn tenccd to the penitentiary for nix months.
Trial for Burg i0ry-ThsOdore Wiiisms the prison.
or who etcaped from th- city prison Sunday, and
retat.n yesterday called TO irisl charge OF
burglary the ID degree, In having the night Of
abe l4th 81 February last fsloniously entered the
premises q hosss q. BALDWIN u co. nsnulae turing