The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-18

the Court can't doubt that the jury will give every
sderation to the testimony bearing In favor priso
ner-that their sympsthies will be In his favor snd,
ALSO to the fact that he has hitherto borne good cha
brought to the attention Of the jury for
the purpose of awaking their active attention to the
in the case favorable to the accused yet
you will lose the recollection in meeting In the
jury box, of the great and important functions un
der which you are called upon to decide as judges.
Your determination in this Is not to re-
suit from your sympsthies, but from your judy
ments. You must call to mind ell tho facts,
in determining on the question upon which you are
about to decide, and this question needs great or
comprehensive inquiry as to whether the party be gull
ty not guilty This particular part Of tho case Is not
the There to be cashiRg Of statements,
also in this which calls upon the jury for the
very learned and able address the part of the deen
dsnt to deal with the defence the grounds upon which
It rests The charge here involves two leading consde
rations The first what Is the law of the whAt Of
fence has been committed and IL you have justly spprs
cated these what the evidence OF facts show viola
tion of law And although the counsel
high intelligence and Ingenuity, he has, very justly
to himself and very justly to court OF criminal jurs
prudence told you that It was not for you to determine
the law Unfortunately, In this country, there has
little discrepancy the rule of law that
hood govern jurors in the disposal Of cases such
told that they be the judges Of the law
well as Of tho facts matter which not very credi
is ia question, is determined in far different way,
and court OF higher powers hes been obliged
TO declare that to jurors in criminal cases, II be-
ionged to them to inquirer what the law is. When
che court in the present case therefore, has laid tho
law before the jury and has explained what the law H.
it remains for the jury how far that law applies to
stands charged. This Indictment in the present case
applies to the post office law; it shows that the deten
dsut had BEEN employed for certain time in the post
Office, and 1t does not appear that he confined to
any particular class of service but his general duty
was, to prepare the mail, and 1t, or place
it for transmission to direction 1t was his
business therefore, at that table separate that por
ton Of malsbe matter, and forward it for distribution
It is alleged that the 5th of August last he
usual his busness employment and that he left that
table, and went to another table, which lying
other packages His honor here recapiustsd the tes-
timony and commented upon it, also drawing the ds
tnotion between criminal jurisprudence, contra dis
tiuguished from common law, in cases of theft ;
Interpretation of law the packet ia question
was a mail and then arose the question of felo
they unde stand that II he took letter
took hundred he equally guilty Of stealing the
page 6O4 it was held that taking from the pigeon holes
attached to the Post Office in which letters depo
sted for circulation that this was ruled to be stealing
from the mail" His Honor went further to comment
upon the testimony, aud concluded when the jury
tired and after absence Of twenty minutes returned
into court sud rendsreda verdict Of guilty, with re-
for defence hersupon remarked to the Court
fass :: lo Sy tns
tue be tried before the u Circuit Court
upon another indictment in which the questisn Of law
gusd and dsliberstea upon
The CoURr here proceeded to hear motions
UNITED STATES DnrRIcr CoURr, March l6.-Bsfore
Judge Bstts-Zhe United States py Martin Brvggeman
aud anoth.rThe dsfent ants Indicted for snug
Cling under the 10Th section OF the act Of congress OF
s42 and we're put on their trial They ara charged with
345 worth of swslry concealed Ia tbs backs Of some
paintings The defence is that they did the goods
bat that they consigned by Carl Schmidt OF
Germsuy with directions to hold them subject to order
of his aud that they knew nothing of the conceal
ment Theca5e Is adjourned.
UNITED STATES DISTRICT COURT March l7-Before
Judge Bett-The United Statssvs. Martin Bruggeman
and jury in this cause after being for
about two houEA rendered verdict Of acquittal.
oev.r tsz-ss sss,esss March l7--B.scrs Re-
cordee Scott and Aldermen Purser and rappan Jonas
g. Phillips Esq Assistant District Attorney Of
Monte omcry-At the opening of court this morning.
the jury a.er being locked up sincs yesterday after
noon came Ia and ihtmsted that they had not agreed
upon verdict and there wasno probability of agreeing
however long they might be kept together in eonsuts
ton The court under these circumstances dscha
them from further consideration of the subjsct.
Trial for Grand Larceny An old offender, named
Daniel Mari then placed tho bar for trial.
indictment for having committed grand larceny on
Christmas night last
joan Fox, Of Anthony street, being examined for
tbs prosecution, testfe that while he his way
home ~ O'Clock Christmas night last, he was
knocked down in Centre street by man who approach
ed him from behind with another Stranger then
bed him Of the property in question Witness valued
his bag pipes at about S45 that shortly afterwards he
his through the efforts Of the police
Officer SMITH Of the Sd strict Police Court, testi
fed that going the house occupied by the
to arrest him for trang offence he found the bag
his properly This jury found the accused guilty,
aud the Court sentenced him to thres years prison
ment in the State prison.
PIeadsd GtnIty-Pstsr Birmin CHAM alias Chesre
Bob indicted sssaulting officer Norris this morning
plead guilty and after beng severely reprimau led by
The Court he ssentencedt to twenty days confinement
T,iai for Grand Larceny colored lad by the
name of William Amos was next called to trial for hay
fng artter hnu i'm ia
stolen from the hall coats and coaksto the value Of S45
The jury after brief consulsstion found the prisoner
guilty and the Court sentenced him to three years i'm
prisonment in the State prison.
Trial for Burglary "A boy about Is years old, named
William Kelly, then called to trial charge Of
breaking into the store of Mr.. Msrs1a on the Sch Of
Fsbrusry last The jory found him guilty. Sentence
deferred.
.4aofher Trial for Grand Larceny.--Willism Smith
pext called trial a charge of having, the
81 of February lsststoeu diamond ring valued at $40
thu property Of Stephen eweer in courtandt st
From the evidence sdduoed for the prosecution, it
appeared that the accused called at the store Of Mr. Pal
mer and requested to De shown various articles snd
while the clerks back turned for moment, the ring
10 question stolen. The jury found the accused
guilty and the Court entenoed him to three years. i'm
-.anothSr cas-, of Grand Lareeny--A colorsd man BY
the of Francis then tried chargs of steal
ng carriage and two horse' valued at S!oV from Pat
rick Duffy The jury without leaving their seats found
the prisoner guilty Sentences deferred until to- day.
.antcher Plea Of Giilty-Jsmes Myers indicted for
grand larceny, pesd guilty aud appealed to the Court
or mercy, the ground that he had been induced by
poscted sickness aud extreme poverty, to commit the
offence which the first he had been guilty
of Sentence. deferred. Ths Court then a. burned
Gil to morrow morning.
TRIAL or %. V P. CooLrDGE FOR THE MURDER CT
EDWARD Matthew'S -Saprems Court, Augusta Me,
Chief Justice Whitman presiding The examination Of
witnesses ia this commenced Tuesday the 18th
astsnt Before the examination commenced, the coun-
eel tor tbs prisoner mad, motion TO forbid the pu0ca
zion OF the evidences IN any newspaper The Chief JUS
ce said he did not know nov could prevent
the publication 10y papers at dstsnce by any order
they might pas, and so tho question Hubsided The
BOSTON Mail publishes the following evidence =
Dawn SHoKEY the frs witness called, said he keeps
shop under the oice of the prisoner saw the body
OF Matthews on Friday morning. the LIST day OF October
last lying pile of wood ia cellar the feet Iitte
ways out Of the door This between eight aud nine
o'clock; my boy heard Mr. Doottle ssy the body
there and vent and saw It, The door OF the cellar
partly open at the time The spsoe might be one and
halt foot or The body Laid It's back little in