The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-13

to- and that the DESCENDANTS could mot b trouha.ASv
attending court time After time ct the pleasure q the
Witnesses would not attssd the court nat dsn.s sS.
case. The case vas finally set dsWa fer trisl, ON
Thursdsy Of next week. 1907
placed at the bar for trial. charge Of grsnd srcs
ny charged with stealing the first Of January last
valuable papers bssidss the property Of George NJ X
Undsrhill who keeps public hesss corner OF Oliver
stand ssd sss.a that on the 1T Of J.esass Last - e:
wss sDous closing up his store when number Of row.
the party consisted Of possibly some ffy sixty per-
sons; they called for liquor; refused to give them
any, and they began to make riot; and while va in
them out Of the store my vas stolen rom
my psntaloons pocket; my wss on the pagers in
purchased new suit Of cloths gold watch ana othsr
property have recovered since his arrest about $40
Srison:r and receiving the money back p.c for ths%
MIR A. A. Phillips Was assigned by the Court to take
charge Of the prsoners ease Mr. Underhill was then
received the pocket book through Mr. Aims; I have
known the prisoner for the last ten years. have
sidered him rather losfsrish character he not
within two three feet Of me on that night, ct the
time lost the money the prisoner said he picked ths
Winsov Aines was the next witness s~orn:-I sm
. hotel keeper, at No lis South street; know the
prisoner at the bar; day or two after the first Of
knew something VAS wrong; pocket book In his
possession; he ssid II vas his own; after while
saw the name Of Mr. Undsrhii on the papers iosds;
also saw HIM with gold watch and chain; procured
the pocket Sosx ana vs'Gn ss men s Sne
missed II he would give up the money and papers, vs
would not appear against him the prisoner
all the time supplied with liquor; he Is kind Of
runner to pick up sailors for Mr. Jones, VINO ships
them to sea.
q short address in favor OF his client, and tho
Recorder briefly charged the jury As TO the Law
and the fact. He said, from the evidence adducsd
possible the prisoner found the pocAst book rhs
floor the outside Of the door and from his chsrac
ter he appears to be . man Who was scarcely ever
sober and II not likely he examined the In
the book any more than TO find the money aud spend
It. The distinction in this case Ia, that wnsrs par
finds pocket book with money therein. in the sure st
and has knowledge of the owner and approprixtes
tbs funds to his that IL no larceny; but on
the contrary, he knows the name of the loser, and
then applies the money to his own use, larceny is
perpstrsted just rs much as ii the party had Ao.
stracted the book from the pocket Therefore 1t
Was q matter for the jury to determins how far
they believed the information Of the prisoner sx.
tended respecting the ownership OF the proper
~ The jury. AFTER short consultation, without.
leaving their seats rendered verdict Of not guilty.
The prisoner then called TO the roasiv red
from the Recorder severe reprinand on the imsro-
pritty Of approprating money frcn q pocket book
which he knew not his slthoug he might nst
have known the right owner. The Recorder also re-
minded him Of the Jolly OF iniempsraoce and hoped in
future this very circumstance would work Isforma-
ton. The prisopes bowed his head aud said he 40
tended TO do better la future Particularly SAID tins
Recorder, "as you OF college education aud
therefore IL not through gno that YOU have be-
come 80 losierish LOCKING The prisoner certainly
object Of pity lie appeared To bs about forty
years of age, with scarcely to cover hun; his pau
taooIs we're In terriois fix and quite inoeceat for
tt..t service yet bis o charge, ne uro-d co cards
the jury, be we'd and Thanked th-m then Co the court
tie sane HIS oroli appearance crrstrsa snis, sss
long piece OF dipgy white muslin vas bsugins doSs
fom under his ragged coat tail
.dr,oigned 20 Plead Ten OF the most deperste look
oais to psd .srsrsIy to eh.rss, 81 Sarslsey sai
gfsrd lsrc~nies rney each pleaded not guilty and
were cent back TO prison TO await their trial
Indicted Without Law A tall MAN Of rather gentssi
Appearance. calling bimself William DIX, WAS brought
out Of prison before the curt the Grad Jusy havas
found an indictment against him for ootaioios ons
dollar BY fslse pretepces IL the repre-
sented bimtelf of society for The eoilec u
money for the relief VI the sick nrep.n aad under
tuch representation, obtsined one dollar. Tie
shown To be humhug On the prisoner being bsoaglt
before the Court Rec order raid no
n uch that the statute did embrace case had
been iudicted for and thsIef~re the Court would bs
compelled To discharge him from custody but the
Recorder before the prisoner left, TOOK ocssos to
Inlet severe reprimnnj ON the conduct Ut tns pr-
sop.r Who appeared to fee the degradation Co witoh
he vas submitted every eye In court faslsasd
on him, and when todd be vas discharged ne giid-i
cut Of court rs rogue would after stealing pccss.
book.
Tv'si for sfeoiins Spoons rwo raso.h sssssns soys
Gsllss her and G,lbert Crom yell put o. tri. on
chnrse OF stealing lot II SILVER spoons ss-l 10 bs
s.rtn $50 the property OF John Rams 70 taiJ
the loss II the property bur could not state th- .tst
vslue foliceu Miller Of the seventh ~srd ts,tasd
tha he srretei bsth the prisoners the ds 81 the
ROBBERY In store In Division street Kept oy SIR Wal
ers, Co whom the bows eniesyoring a. sail tbs
oliver spoons The Recorder briefly stated T. the Jury
that doubt existed NJ to the ,sIs@ OF thu issr
possibly might only be petit laro-oy tue silver
being In fact, worth more than tsenfy G.r doia,s.
The jury after short alton r-t,rn@d vsrdiss
Of petit larceny The Recorder then pf rn.5 tls pr
sonrrs that they .sht think th-msevss very iucty
that they were sent 70 the stat- prison. Az for
you, Crom en- said the Reserder you svsry re
qusnt visiter In this court Your parents have nal
much trouble In eBdeavuring to re.orm you but u
Gems without eject lou have been seat a. ths hoise
OF Refuge wherce you have escaped several lines until
they are afraid TO have y0s there desperate yor
character IL vas not long sioc-, that you escspsd
from th prison breaking your way through this court
room. IL appears plais.y that II yoa a. not reform
your ways soon, you vii END your days the gso~s
The Judgment Of the court is, that you both
Sentenced 60 the peniteuthry for six month";
Tn being removed by The officers the 10, rexa-s
,mil~d TO ese, other ~ much ~ Co cay Bisokssis
lslsrd won't hold " lnngn
No more business being ready, the court adjourned
until III o'clock this morning.