The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-17

court for his nisdsed was placed Al the bar chsrgsd
IN the third deSres and petit larceny in
centre market place on the night Of the asa bsr
rI rg an s:teoh upon the money drawer. It APP
peaFed rom tho testimony adduced on the part OF the
prosecution, that on the night OF ga December the
ssms place was entered and some small change stolen
nr budke, en- consultation with his brother deter-
bat to keep good look out He Therefore ciossd hs
store At about ii O'Clock, and concssling lamp be-
meath barrel took position inside, from which he
could observe all that was going on About midnight
OF the store. approached window which had recently
been glazed, and which not fastened down this
WINDOW the intruder rahsd without r.si,tanos and
quiet until the rogue he'd got TO the money drawer
and was about TO rife it, when he suddenly displayed
his light and seized she villain by the collar Being
stout able man, Mr. Budks was enabled to keep his
grasp on the prisoner and take him into the street
where be gave him In custody Of policeman These
facts not denied by the defence but as the win
dow not fastened down, there was no burglary
and Mr. Budke seizsd the prisoner before he had ac
Wet him only ofan attempt TO commit petit larceny
The court tho prisoner TO the Penitsntay
Tor three months telling him that that oil the pun
hnment the Law would warrant.
=, Stealing from Drinking Compdnion.-A man named
hes stanton who looked a. II he had received good
many hard knocks at the hand of fortune and whs
appeared to have been stalworth fellow In his day
hrst degree in asssuting the person of John Cnrlev
small man who walks with crutch and . oane and
st the house Of Mr. oBrisn in couraSat ., rsss
The complainant Curisy being called to the stand
oReth ar
shs morning Of the 10th January and ser visit,ns
several places they went to the house OF Mr. OBrisn
where prisoner asked witness to treat To this propo
so. Curlsy replied in the negative .nd Stanton then
asked him for the loan OF shilling This Cur
ley also refused when IS he alleged, the prisoner
eutside coat pocket taking from thence the money
sllegsd in the indictment to have been taken from
him Curley says he called loudly for help and made
all sorts Of efforts get track Of the prsoner
who immediately fed down Washington street Mr..
aforv H. Az
the complainant and prisoner came into his place On
me iS.h Of January, and they wsre both 50 drunk
tna ne ordered his people not to give them any drink
He further that ne heard cutlery and saw Ne
assault made BY Stanton on Curlsy The jury return
stanton was sent to BlscExslls Island tor months
Charged with Riot bs Hsnorabiv .aequitted.-A re.
called upon to answer charge OF riot and assault
and battery In being engaged on the 18th OF Novsm
a. is hous. in AssSony street. aad soins
Broadway, without consent OF the oAcers OF the com
6c.r MoCiu.ky Of the the sixth .srd s..tissd dr.
he saw the engine In the hands Of Is 20 men; and
knowing most OF tho members belonging to the con.
paAy, ne discovered that tho apparatus In the
hands Of strangers. He therefore gave alarm rap
which was answered from several quarters, when tns
ned in different directions Omosr Martin the sixth
ward saw the prisoner going down OF the streets
and h% ON hs SPOT There sa NO
Whatever going to show that Anderson was lat ali
their hands The Recorder in his on.rs. to ess i.r1
said that It, appeared In evidence that the prisonsr
vas gong In Aidrecuon which carried MIN away non
The scene of riot this his honor thought fren
censurabls lie also called the attention Of the jury
to the fact that the prisoner had not been all oon
had been sdduced BY the prosecution The jury, en-
evidence Of the prosecution itself returned verdict
ofaequittai without leaving their seats.
The court here adjourned till ~ O'Clock p. M.
EVENING SESSION
Before Judge Bebee and Alderme bod re and orrs~s
T,islJor Gra,ld Larceny-A man nam I'd J ames Co9es
n o In ate
money and clothing valued al upwards Of sac vhioS
Who boarded In the ZANE hopse vith sncussd A. n
Norfolk street The prisoner was In the en-
OF MI Gardner who Keeps feed ssors At ths oorr.s
Of wsteI and Market slip and IL appeared fren
evidence that the trunk Of Mr. Daley was fou nd In thu
stable whore Mr. GARDENERS horses kept the key
TO which stable possession of the prison
IL rhown that among the articles stoivu VAS
book, containing a large number Of pictures Ths
night before the arrest Of the prisoner hs saw ha On
q hsylot in the stable, looking over q book On the
Penny Magazine. which is supposed to b. the book re-
fsrred TO as containing a great many pictures The
evidence was altogether circumstantia The defence
pioduced no to controvert toe theory the
prosecution. Several witnesses called TO prove Q
go ,e S ~ 40. .ns accused As inc clothing vas
x.,Sict ~ enii,~ -, LII, ue .ne Jury rs &
veIuot y, euliy OF pett larceny eniy. the Court
sonSenoeu DIN W 'he Penteh'ars ior iour months
Ffn IA Black Bwsiar.-A black mas named ohn
Sullivan was led on cha ge OF burglary In ths Sd
degree in breaking into the store OF essrs Morgan
Co, grocers at the corner OF Washington and Murray
hne htehhnB tbsfeToNl Two oaskets OF cnem-
payne, and tub Of butter The evidence was toiths
following ELECTION the nsht previous to Christmas
the prisoner who had been poyed In the stors o.
naged to secrete a companion named william. in one
OF the upper lofts Williams supposed Il all right
he only invited TO the store and slecp
with the prisoner and enjoy feast Of sweet pota-
toes At q late hour the prisoner who had b,en
away returned and Williams let him in Sullivan nov
began to make rome singular pstrstions He Arst
placed two baskets Of champagne and tub OF butter
near the door. He then took down . task Of powder
from the top Of clock. and began hl the look Of
the safe with It, Williams nov asked VII At he vas TO
ing to Go; and the prisoner replied that he was 20
ing to blow the safe open get the money Then
said Williams /" will be OF; / don't want nv head
blowsd OF and besides the officers will b. bursting
in here directly and take bothod Sullivan called
Williams Q coward, and williams left him to prosecute
his felopious werk alone For some reason or other
he did not blow up the safe but the champagne and
butter from the part OF the wise
traced 10 suivans possession The jury returned
verdict Of guilty ant the Court the prison