The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-12
Court of General Sessions.

Before the Recorder ana Aldermen Jaison aud Clark
Dec. IL Charge Of Shading Iron "A named
Coles Mosher was put ON his defence, charged with
stealing three tons OF pig iron from Newark NJ In
December le4s From the testimony IL appeared that
MIR Joseph Tuckeman iron dealer at 60 West street,
In this city, had lot Of iron consisting Of fifty
and bearing peculiar mark, transported from the
fenpsy lvans iron works to Newark, j. ON its way
TO this city at Newark lot fell short three tens
and subsequently tons AZ cwt were found In yard
In Duane street In this city The iron found In Duane
street bore marks corresponding with those on MIR.
Tuckerusns iron; IL was traced TO the possession OF
the accused. who said he had purchased 1t Of boat
man or from vessel The theft Of the iron could not
be established by the evidence II only appearing that
the returns were short. The District Attorney said
that ON this evidence be could not ask for
Of the prisoner, and the jury under charge Of the
Court returned verdict Of not guilty. and the
cus.d was discharged from custody.
son, alias James Bradley, was tried indctmen Mt
charging him with burglary In the first degree, In
breaking into the house Of Azarsh Flagy Of "a West
Seventeenth street, on the lst OF October last. It
proven that at about two clock the morni ne
OF the fret Of October the prisoner entered the vault Of
the premises named by lifting the iron grating under
the 'front.' basement window. When he had gained
the vault he proceeded to unfasten the door
leading to the house by drawing the screws by which
the fastenipgs held lie had proceeded thus far,
aud had taken of his shoes preparatory to going into
the house whom he was arrested on his person we're
found knife, bunch OF matches, and a candle.
when his examination, the accused stated that he
intoxicated at the time and did not know how he
got into the vault nasmuch asst wssnot proven that
the prisoner did actually break into the house IL
held that be could not be convicted Of burglary in the
hrst degree The Jury returned verdict OF guilty OF
burglary in the second degree and the Court sentenced
the prisoner to the state prison for i've years and four
months.
Trial for IEors. s,ali.e--A young man named
George Crofton, was called upon TO defend himself
against charge Of grand larceny In stealing horse
worth $780, the property Of rerey Holt resddg st the
OF Sxty-hrst street aud Third avenue, the
10Th September last.
Mr holt testified that the horse vas kept In pas
ture his house. that the day before thu alleged
theft he had seen him, and missed him on the morn
ing Of the 9th September be could get no trace Of
him until the 26th Of October VIXEN he informed
that he was at the stable Of Mr. Morehead, in TWEEN
tt street the Seventh avenue; he called ct The
stable and identified his horse, which he immediately
took measures to repossessi M- Morehesd stated he
had purchased the horse Of Crofton, who then
resteo; upon being taken isto custody the accused
said he boz sht the horse out Of drove at the Bull
Head Crofton had kept cattle In the pasture frou
witch the horse stolen; he had lame horse there
also frem the lst TO the 10th Of August.
MIR. Morehesd being called to thestsnd testified tina
he purchased the herse OF troftOn allowing him $40
for him, s55 going 60 pay of debt Of that amount
dus by the accused TO witness who paid the balance
$40 In cash he sad he bought the horse Rull
| Head but had ne receipt for the money be paid 20
him.
/ ON the part Of the defence several witnesses wer
swore that he was certmsD, and an industrious
and that lie was married just previous to the time
this trsntscton. On the cross examination Of thes
vttnesses the district Attorney brought out the IA,
that Croop had before been q horse siesne
Counsellor the defence urged that the accused ougn
TO be acquitted because the theft Of the property Ia
not been proven, and thstt was necessary in all
TO maize the feitn Nous taking apparent, or cOnvis
! ton could not follow lie quoted frsm the books
prove his position The District ATTORNEY opposed th
argument and the court held that having been fouu
in the possession Of stolen property devolved upo
him 10 show how he obtained such possession, and
the absence Of such proof there fair rresumpo
Of guilt.
ihe jury, siisr short absence, returned verdict