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

in the case Of Madame Resel and it is done now with
the same view to cause delay and to this fellow
II round guilty, from States Prison.
The COUNSEL for the defendant-Yes; and I'll pur-
sue 1t in every case where you are prosecutor.
MI. M'kEoS-Wcll object and will not have the
right Of the community trampled in this way, and
respectfully submit that the court should not receive
this bill
The COUNSEL for the defendant-Well think the
court will not act contrary to law, to please the
District Attorney
Mr.. McKEoN-l have no pleasure to crafty, but if
this be law, 1t vs. in my opinion, most injurious to pub
lie interests and 1t is impossible for public prosecu.
tor to purge large city If he is badgered this way
all sides with objections and those raised in favor of
the most hardened criminals In the name of the pub
lie protest against this course.
The COUNSEL for the defe ndant-The great matter is
that 1t is not the opinion of the District Attorney that
the court will take-but will act according to law
This, insist is the law, and will have my bill re-
ceived
The Counr intimated that the right of the counsel
to take exceptions was clear and beyond doubt.
The COUNSEL then read his bill; gave summary of
the evidence and took exceptions to the law laid
down by the Judge.
Some time was then taken to settle the terms
particularly or to the insertion of parts of the evil
dence, which was at last agreed to by cop nsel on
both sides, and the bill was received and signed
by the court. Immediately the bill being
signed the jury called for their verdict, who
Immediately returned verdict Of guilty Of attempt to
commit grand larceny.
The prisoner heard the verdict without the slight
est visible emotion but his flushed face and hur-
ricd look, as he turned his eye from This counsel
to the court, as Mr.. McKeon called for the judg-
ment OF the court. Baxter was then called
and to such question: should be asked
him, respecting his knowledge Of any mechanical
trade. He then asked II he had anything to say
why sentence should not be passed on him lie first
protested his innocence, and then said, that let him
be he will. and whatever character he might be- the
men who had taken the stand were than he
that Mr. McKeon, Mt one tme said he had never seen
him before he into court, and at another that
he with him in steamboat from Albany, and
that they have been endeavoring send him to State
prison
Mr.. MckroS--I saw you before and you are well
known to the police.
BsxYEn--By hcarsay only; and SONS of themselves,
and high station too, arc worse than Baxter then
retired.
Tb.re is popularity about the face of Baxter, for his
mouth and chin projects and his cheek bones fall sud
denly back TO his eyes, which, though not having what
Is commonly calleda squnt, seemed to have the rover
said to be by the hare OF looking behind her
far he the pupils either side; over these
his orch, ad projects very much-t recedes suddenly
back and goes up in sort Of cone like shape till 1t
ends in something hkelthc top OF sugaroaf In form.
His manner whiie addressing the Court was mild, but
self POI stsscd.
Patrick Callahan Of 81 Washington street Callahan
Is an emieant boarding house Leeper and be brought