The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-11
Court Of General Sessions.

Before the Recorder and aldermen Alien and Clark
Der. 10-E. II. C. J~ison's .fppicaho for Csmmis-
sions Dene. In the matter application for counts
sions TO tnse timony in Cslforns and other places
in the Of The People Judsou indicted Tor libel
on Miss Cream, the Court this morning denied ap
plicstion.
Thai for Grand Lorceny-A hoy fftcen years OF age
named George illiams WAS called to trial charged
With grand larceny, in stealing gold watch, worth
$50, from William B. Coils, Of No ~ Market street.
on the 9th of August. The watch taken from q
msnte piece In the back psrlor OF Mr. Colts house
Wa. Il stTrHess, policeman, bring sworn testified
that he arrested the prisoner tile sh Of Augsst last
In Orange street with the watch his possession He
asked him where be got tho watch, and the boy said
that he procured 1t from his sister who sent him out
to sell it. Witness told him him his sister;
he then acc, mpsnied him down Orange street to
lister the woman, however. denied having any know
ledge OF him. Mr. Stephens then took him to the pe-
lice once and subsequently found the owner Of the
watch.
The boy states that he bought the watch from .
young who sold 1t TO him for two dollars saying
that 1t copper lie about selling It for three
dollars AVID had already received the money from q
shoemaker In Orange, near Chatham street, when he
his sister from fear Of being ion prisopsd
The jury could not agree upon g verdict, and were
prison until SEINE provision can Dc N ,iq for him.
Trial jor Petit Larceny. Charles rGppin tried
for petit larceny In being concerned lanes Ca,-y
In stealing twelve dozen combs aud dozen knives
worth SIS, from Theodore Myers, at 80 william
street Casey has been tgied on aaotber charge and
Mr m,rrs being called to the stand tesliaed that
the 10Th of August last Casey and rap9au into
n
$500 worth Of goods Chsgres rhey mad laid
out quite lot Of various articles when IapPsn asked
for b; just thes, Mr. Myers discovered Cassys
pocf0ts appeared 20 be quite full ON suarching him,
he found twelve dozcu combs aud one dozen knives
person II sppan and he offered to take tne rood and
paJ for them. and waited Nyer 20 acc0n him
to some place to arrange the matter Tho jory with
out leaving their scats, returned a verdict of not
guilty,
moved the court to commit rappan charge Of being
engaged in the Astor Place not
,he hFc,Rv aid that as Tappsn had already been
Imprisoned some three month. this charge aud mad
been bcued by the Court 1t would b. oppressive to
commit him Dov that charge. 1Rppan was there
fore cit Ci lgt d from custody
Trioi Tor McrsiaBg h',r "A German named Benedict
Schmidt was put ON trial charged with mansl ghtsr
In the hrtt degree ia having the Sn OF June last,
caused the death 81 man named Patrick Boylsn.
Schmidt Kept public house 30 Gl.t Va ihington aud
Bty'sn boarded Nth MIN Tn ths night Of san OF
June the Gteeas ana th9ce % got ia liquor
became qusrrcs.me, and the result the desth OF
one Ct Them The narrative OF the easc Is contained In
Tho evidt nee tf
JotrPu Lr,BMa,, who being sworn testified that he
NGa IN tho enploym,nt OF Schmidt at the tmo " the
occurrence; the night when Boylan shot, Boy
len ana bfeo other men had been 10 the Kitchen nod
made disturbance there; Hfterwarda, they g.t sons
pieces e wood and broke la tbs d,cr Of the room I'd
joining Mr. Schmidt sleeping ROOM Schmidt being
tie tine lying lis bed; witness also 10 bed
mar by When thy broke Ia the door, Boyiaa the
trtt nan % enter The Of The pary intO
schmidt setriug rosm witness vas Eg4keIed ~ tue
noise made BY breaking IN tho door, Al four Of ths
men were boarders ia the house, when sohmils found
that they were breaking IN the dor he vent oea0ther
room snd got a coubtr bsrryrd qua. tue gun hat
been uted by the men the Gay before aud loadsd
by Patrick DAYS one q the f0gl men Who broke ia
tie door; Schmidt took the qua stood Ia hs arss
with II BoylaD the sutside of the door,
Hnd vitn,s head Patrick Boylan fay they wanted to
nl him he did not say who M waited ~ Kill wit
ness knew Boylsns voica; h. fad, IL you doGt open
the door, vil MI you;n schmidt tod the "a, II they
broke OPP the door ne should ire Oa them three u
them then vent swpy; Patrick Boj laa remsiasd the
dsor had by this time bssn b.uEeh opsu, aud
Patrick soJian aud t~o oc three siranlers stood
outside; ooc q the men came in, ana veut into
the room where mrs. Schmidt vas asleep this
vas Isr.ok McCarty, boztder ia the hoase;
Bel nidt was In the large room with this guu ia bis
hard; and iRtick BoJisn Aso ia the Large room,
ko' idt did not have the gun IN his maud until the
door broken open vhrn the men entered the room
he fred &c go lsu who had heavy stck la his haGd
at She time the fed the priso1,r stood abost
ten feet from Boyd who approaching him With
his stick raised after the hrisg boh schmidt aud the
vtnsts out OF the house Schmidt went t. Harlem;
witness Boylan in the hichrp sitsEsatds, he Vas
desd; Boylau bGd boarded IN she hOuss 30 ne three
months. ell the no caae 70 the door drunk;
the meps Logging rooms we're sats aud the passage
lesoirs 20 them from kichen aud not Though
the into which they BROKE they had no Occ AsOn
therefore. to pass through the room
bis was all tbs evidence for tas prosecution sn1
the Recorder ssked the acting District Attorney u he
Intended TO ak for cOHytc ion on this .tlmony.
Mr. Phillips did not ,siuquish the prgsscattJn rns
defence ia not introduce tim bat Submitted
the Gaze upon the e,id introduced ~ tbs prOssca
tiun.
The jury at prorouncoi 10 case Of justisabis
b picida and declared the prisoner not guilty.
D,feUH Telsn.In the ease Of BARLEY Wheeler, In
dicted ter robbery in tho let degrees John W. Wsrth
aud Jacob Sne tor nssaut and 5st ~; Patrick sic-
Mapus ard John Lebsn. for receiving stolen goods,
Henry Grcgau for attempt to cnrjmi rape aad John
Foley for false pretencss The parties bsns called,
did not appear default was therefore taken aud bench
Tte court adjourned till II O'Clock on Thursisy