The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-23
General 0ess. Onss
Before the Recorder and Aldermen Adams and

General Sessions.
Before the Recorder and Aldermen Adams and
Downing.
Hi hvoy Robbery Second Dey..-S Sydney H. Stuart,
Chief Clerk Of the Police Court was Examined and his
evidence was to the effect that he could not svesr
that the prosecuting witness had had not made use
Of the words dirk or knife when he was before the
police magistrate: but II anything in relation that
subject had been said BY the prosecuting witness he
INF would have taken 1t down - pert Of hts aepo-
sion that the prosecuting witness had said, In CON.
neil Was the man end that the person who had 60
costed him had endesvered to conceal his face from
bin. The examination Of tho prosecuting witness At
the police court In form, BY question
and snswer. On the GROSS examin ation Mr. Stuart
said that he could not that the prosecuting wit
nsw had raid that the accused would stab him. nor
could be swear that he had said 90. The prescott
ing witness At ono time said that the accused the
man. and at another, that he was not the man.
THOMAS Smith was tho next witness. He stated
that he saw Cornell at No. 47O Pearl street, the
night Of the alleged robbery; witness standing
ness when cornell came up that was at twenty ave
minutes past nine O'Clock; Cornell remained With
witness for fifteen minutes was sure that was for 80
long period; witness and his friend went away to-
gether and the former believed that Cornell had been
left there 1t was then near 10 o'clock Cornell had
black hat and black or dark frock coat on; and
like his; they we're not heavy Cornell had NO whiskers.
., Cross.eaami.ed His last place Of work was New
Oresns had left theIe the evening before Christ
mas last and arrived here In the latter part Of Jsnu
sry had not had any work since that time he was
certain TO the time Cornell on the night in
question; he could only guess it, he went TO New Or
isans about the 10th of October in Boston ship call
Cd the Mary Anne; he could not tell the captains
name; he worked there about eight weeks. On the
direct exanip alton be raid he not certain that 1t
the 18th Of October he sailed for New Orleans
MARTHA CORNELL, the mother of the accused, stat
ed that her husband kept . seamaus boarding house
at tho corner Of William AMI wstsr streets, she saw
the accused the evening Of the alleged robbery at
the OF Roosevelt and Chatham streets; 1t was
then between and O'Clock; he had dark coat dark
~talnH Al~~h a
to wear straw hat; witness had doubt whatever
of HE having been sttired the evening In question:
In the way she had described.
colored man named PETERS next examined
He stated that he 10 barber; he knows the aocused
he used to Witt his witness Establishment had seen
him three or four days before his arrest ana had been
in the habit Of seeing him lsss every day the
accused wore s'goates" and mustsche, but no whis-
ktH. f,.
The ASSISTANT DIsrRIcr ATTORNEY then read the
statement Of the ed which ted the tes
timony Of the witnesses called on his behalf in some
cussd had sworn that the night in question he
In the Park and In Pearl street, from dark till 10
was th.r. from III Ii o'clock, n company With :
person named Thomas Smith, and smother named
William Cordelieu.
This being the case for the pr osscuton =
The Accuseds counsel then rose and addressed the
Jury In very eloquent strain and NJ great length.
berry, bsosuse there had not been any violence put
ting In fear until after the property had been taken,
mind the important question, the pivot upon which
the whole case turned, whether tho violence had or
had not preo.ded the taking Of the property Fit
alter that did not constitute the offence charged In
the indictment The mere snatohtng, or grabbing 1t
the watch, was not an offence that would render the
IL the Arst degree. The evidence indsputable
the violence having taken place after tho taking Of
ia. Bart Of Shsn tho
against the VIII eli that it requires there mus,
be violence sganst the person, and without that VIC
lence, there " offence within the meaning of tn,
said statute and that this ohsrgo Of robbery
In tho first degree must Of necessity, fall He dsnsd
any jury, matter how much disposed IL might be tt
vict-and God forbid that be- should suppose
omsnt that they were not sctusted BY the noess and
the offence with which he stood charged, in the
face Of the statute IRON which he had quoted.
evidence and til. Law Of the os.e they could not
eousiy or legally convict tho accused He would ask
them whether In the exercise Of their good they
Gould venture to pronounce verdict OF guilty in .
case which was surrounded by SO much doubt? He
PURE they would not; but the contrary, sitter
having duly weighed the evidence, the whole Of tho
70 imperative upon the question to che character Of
tue offence that they would not rend fellow creature
TO living tomb, which would be the effect Of verdict
Of guilty. The learned gentleman having dissscted
the evidence for The with the greatest MI
nut<n ness, and having with mpsssioned earnestuess
upon responsible duty which they we're called
upon 10 perform ssio that they had the least doubt,
they shoud cling TO III It was tas property Of the
cuted, the law raid 1t they should give him the
benefit Of IT, in all its penituds That they would do
TO- he (he learned gsntlsmsn) had the fullest oona
depce
The AssIsrAnr DISTRICT ATTORNEY replied In brief
but eloquent speech. He said ne quite agreed with the
lesrned gentleman the ascused's oounhsl-that
oict Of guilty would be Of the most serious conse-
quonces the accused but the jury would not forget
that they had seiemu duty discharge to the public
foregne no had been walking rough thsr street,
unarmtd ana With confidence in the protection Of the
law had been knocked down and robbed Ct nis watch
They had the evidence both sides before them aud
1t wa for them to say whether tie accused
not guilty Of the offence for which he had bee in1ot
cd. That be the man, he (tne learned seateman)
bad no doubt whatever and the evidence justified the
asst rtion.
The REcoRDER having charged the jury they retired
and having celebrated for about hsf sn hour ntima
ted that they wished to have some IS TO
the law. They acoo dngiy returns cd inSo court aud
hsvibg received the desired Information, went back
again to consider their verdict.
The hour OF I've having arrived, the court took O
until six O'Clock.
Murder If MartAs a. Waikr.-Ths Grand Jury
came into oourr, and presenter true bill against
Thomas A Walker, for the murde of his wife Tue
accused, who looked very psIs called mp and / L
formed Of the fact. whom order made by ths
ReeoI der to send him for trial to the Court Of Oyer
and Termper.
The lsbcrs Of the Grand Jury having terminated the
court thanked them for tho zeal and attention which
they had evinoed in the discharge Of their public du
ties.
Common Pleas.
Before Judge UIshoe6er.
NARcH n Jared II. Joy Us. Emery Pen~imsn, at al
This ~as an action brought BY plaintiff against
tho defer dsnt nsaon for his services
% . broker The plaintiff alleged that he was ON.
poysd In the summer Of 1648 by the defe ndants to
negotiate an exchange Of property and accordingly
Introduced to them . person with whom they finally
sIehspgeo lot Of dry goods the estimated value Of
Dn The sum claimed BY plaintiff VAS $240-bsing
one per cent There three defences set up frst
that eftndapts did not employ plaintiff; secondly,
whether they employed him or not he never rem
de I'd n asrv nd htYdi at ha tOok anv