The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08

morning next, at ten O'Clock.
Court or General Sessions.
Before the Recorder and Aldermen Jameson and Clark
Dec. 6-Charged wiih Breaking into German Porter
House.-Two Germans, named Francis KirchoGer and
Gotleib Miller, placed ON their trial. on an in
dictment charging them with burglary, In breaking
into the porter house of John Mocer, 1907 Greenwch
street the night of the 18th Of May last, and steal
valuable articles, worth altogether some $3.50.
The complainant, Moicer swore that he locked his
doors ana fastened bis window shutters on the night
found that the shutters had been forced off, the win
dows opened and chest in which he kept his valu-
sbes rned Of the money WATCH and other articles Of
jewelry; the prisoners lived In the upper part of the
same building, and small box, which had contained
the articles enumerated stolen found In Of
the passages leading TO their apartments.
Herman krall being sworn testified that at the time
OF the robbery he porter house In the
vicinity Of Moicers place; that 1T en- early hour on
the morning after the robbery the prisoners into
bis house and asked him If he had heard any news he
again and repeated their former question: he then told
them that Moicer's house had been broken into the
night previous to this they replied Yes, that Is tho
nowr; IL is time made something, for our pockets
are empty" some time after this, they came to bis
house again and asked for private room intimating
their desire to play game at cards. witness told them
he bad spare room they then went behind the door,
and Of them produced small lbag, which looked
and soiled il 1t had been buried In the ground
the bag contained gold silver paper money which
they divided, one Of them requesting witness to
change $40 gold piece; they also had watch, which
he recognised the which had been in the posses
sion of Mr. ocer and which stolen the night OF
the 18th oMsy he knew the watch he had
after ashorttime but paid him
snsther visit short time afterwards in oompany with
numb of other persons and told him that IL he said
Moieer's house they would xiii him at the same time
shelving pistol After receiving the threat he went to
the police ONCE and made affidavit, detailing these
circumstances.
The complaint was not made at the police ONCE until
October, ana the burglary was committed some i've
months previous to that time This fact, together
with proof of the witness, Kra having been convict
Black wells Island while the prisoners far
known had hitherto sustained un pssohable charsc
ters absence the production Of any of the
articles stolen induced much doubt the minds OF
the jury that they found the prisoners not guilty
"A Dmoh FeJogger- Sharp fractics after the German
mannr.-A German named Jacob Bergen, with .
thesdbaro coat buttonod up close to the chin long
black hair unevepiy trimmed but precisely parted
the left side Of the head first growth moustache And
o downward look, appeared in court to answer to .
charge Oh obtaining insnsy oy ,s,ss Pre'sncss ..
the stand the principal Witness testified by aid Of
an interpreter, for she could not speak word Of
English that she the wife Of John trieburg AID
that ssid John found himself three months since
snugly lodged in cell az the city prison, under
charge Of assault and battery upon person OF John
Doe and Richard Roe, other notabes, aud all
against the Of the people Of the state OF New
York, &cn Her husband was scarcely made at home
In his cell before the prisoner called the witness,
and represented that he sent by her husband who
wanted SIS to psy lawyer to get him out OF limbo
The wife raised the So by pawning some articles OF
furniture, and away went Berger with the msney he
returned and demanded $40 more, saying that IL
convicted at this the little wife turned out the best
looking glass the clock and other articles Of value
as to IAise the sacitionsl $40 sviog nov resolved
SIS the sharp practitioner made of but the proceeds OF
toe clock and looking glass never found their way to
the imprisoned husband
The case, so far, was clear enough but inAsmuch
the prosecution could not that kresburg did not
him to his wife, the Court instructed the jury
TO this deficiency and they found him not guilty Tbs
Recorder discharged him with severe reprmand.
DECEMBER 7-7Aefi of Wearing Apparel. James Nc
Ansy wa this morning called 10 trial On charge of
having the 25th Of October stolen four shsvs two
sk mGntllas black lace veil, and other articles OF
wearing apparel from the store OF VIM Smith, OF 2gl
Hudson street. The property was valued NJ SCI,
MT Saith being called upon to testify, said that no
WAS out of his store at the time the theft
mitted but came In immediately afterwards; his wife
told him that man had just been In the store taken
number OF articles and made of With them; he gave
chsse modatey and overlook the prisoner In Down
Ing street, he was In the custody Of an oeer sud had
the property in his possession; beng taken back
the stsre, he confessed the theft aud gave up ring
which he bad In his pocket. This va, all the testi-
mony offered in the The COUNSEL Tor toe prisoner
did not offer any Defence except the state ent that
his client was intoxicated The shAwls aud other
articles second hand, aud the Jury not ssts
hsd that their cash value exceeded f25 Thay there
fore found the prisoner guilty Of petit larceny only
The court sentenced him to tho penitontary for six
months.
Tried for Arson, and .acqatiei-A young man named
George Davis was called upsa 10 defsad himself against
charge Of arson in the third degree having set FIRE
to certain property ia unfinished house ia rreny
fourth street three doors east o. Seventh avenue.
Daniel Upderhill, Secretary In the Office of the New
that the 18th OF October the accused applied the
ofce of the above named company at No. II Wall St,
and Effected an Insurance for $780, two chests q
tools which said to be in tho new bull ing In
Twenty fourth street. near the Seventh avenue. rne
insurance was effected on THURSDAY, and the building
took fire sometime during the follosins week.
Thomas Mckeon, carpenter, In the employ ~ Mr..
McCardle, the master builder, engaged in the building
Of the houses between 9th and 18th avenues, being
testified that about three days previ.us 10 the
ire the prisoner TO him and said that he had in
cured two tool chests AZ $50 each but that be had only
rtQ n ho han 20 htly sha
ness chest, and offered him "a 90; this the witness
agreed to take and the chest was transferred TO the
possession Of Davis; on the evening previous to the
me the accused and witness In the bulldog snd
lett II together OF tea time al about IL clock the 6s
took place and according 70 this winesss testimony,
the accused discovered in the act Of throwing his
tools out Of bic ebert into the Ere after which he threw
the empty chest out Of the window.
To the Courtfle turnod his chest over aud left tho
tools On the floor, whore tho hro vas ! don't knov
but he intended TO pick mp the tools after wards and
remove them saw him tsee pillow plane and short
joEler and a raw that afternoon and leave them
at grocery store.
Bernard Riley being sworn testified that he won't to
the FIRE and carried water In nail key into the
for the purpose Of throwing II upon the flames but he
was prevented from doing this by the accused who
turned aside three kegs fall, aud when he took the
fourth, Davis threw Il upon the witness himself
James Csbrsy, the policeman who arrested the pri-
tonsr, stated that he offered ne resistance, bat on
and a skeleton key we're found upon hts person This
was all the evidence for the prosecution.
on the part OF the defence Philip Brady called
who an ore that he vas the watchm employed to look
after the ro, OF buidings In one OF which the Ore
occurred ON t,s night o. the 2iih Of october, he
hrst discovered the fire. snd gave the alarm he then
10 break oman the A. pss and having effected
an entrance was engaged In putting Gus '"s nse .pen
Davis the accused came to his assistance, Au t"ey
two succeeded In putting out the FIRE; there W. NO
person In the room where the Are was when he vens
IN, and Riley and McKeon did not come until after
they had got the Gre under he saw nothing Of Riley
carrying water In nail keg, aud nothing OF water
being thrown In his face by Davis.
The testimony Of the lsst witness was so clear and
satfsctory that the jury without leaving their seats
returned verdict OF net guilty