The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-28

Before the Recorder and Aldermen Oonkn and Doolsy.
Der. "a --Stsaiing Stockings.-A man named Anthony
quantity Of hose from the store Of J. W. Rumssy Co.,
No IS Cedar street. the 4th Of February last From
and that he purchased goods frequently At the house Of
Messrs Rumsey Co.. bringing small bills and generally
making cash payments During the winter packages Of
goods had been missed and finally suspicion restipg
the prisoner watch set in the store On the day
above ntioned Koran came in and purchased several
dozens of hose and while the clerk left him to go
wards the desk to make out the BILL he managed dexter
ousy enough to place dozens Of hose which he had
not purchased in his pack with the rest OF his goods
He then his bill and made his way out Of the store
but having been watched and fairly caught in the act
stealing just described he Immediately arrested
had purchased and paid for but examination Of
his bundle being instituted, the seven dozens Of hose
found and identified, and the prisoner then
conveyed before the police authorities The
plain far the elonious taking concerned,
but the property taken at time being only s12 the
District Attorney only asked conviction for petit lar
ceny The jury returned verdict of guilty Of petit lar
cency, and the prisoner was remanded for sentence
In his address to the jury the counsel for the prisoner
set the theory that the clerk who had sold the goods
to Horan, had connived at the theft had in fact al
lowed the prisoner to take hem and he asked the Court
to charge the jury that such was the case, his client
could not be convicted of q larceny.
In reply to these remarks the Assistant District At
torney said he felt bound to state that this was most
uDjustfabe attack the character of the young man
the clerk in the store who had appeared the stand to
testify in behalf Of the people that his duty called upon
him to state, that more high minded, more honor
able young man could not be he had the fullest
confidence Of his employers, and was highly esteemed
wherever he was known He the Assistant District
Attorney did not anything In the evidence which
warranted the nsinuatons that had been thrown out
the counsel on the other side.
The Recorder summed up the case In few words, and
then said he regretted that counsel felt called TO
asa the character Of witnesses introduced Oh the part
evidence to warrant such aspersions had been made
Counsel for the prisoner here arose and complained Of
the course prsued by both the counsel for the people
and the court ITSELF in thus publicly rebukng him for
the remarks he had made in reference to the young
who had been witness against his client. lie said,
"my client informed me that the facts were rs have
stated, and told the jury what my client told me. Is
1t new thing for counsel to what he is informed Of
by bis client; is 1t not rather usual for him to state
what he believes to be the from such information,
and then to proceed to the state of the facts
alleged ~
Recorder Talmadge, addressing the counsel -" One
thing is certain sir, namely that this Court will never
listen TO attacks made upon the character OF witnesses
esp csly where the evidence does not warrant such
aerons without taking such notice Of it as the case
calls for.
The case was then given to the jury, who without
leaving their Seats returned verdict Of guilty Of petit
larceny
Charge cfHousebreaking negro, named Henry Ma
son, an old acquaintance Of the police officers, was
placed trial charged with burglary in the first degree
in breaking into the apartments Of John Porter at the
Of West Broadway and Duane street. the night
OF the 9th OF September ami stealing quantity OF wear
ing apparel The door Of the rooms, it appeared had
been burst open The property found on the premi
SEES Of The prisoners aunt and it was said that the pr
soper had conveyed 1t thther but, as there was no
proof of that fact the jury returned verdict Of not
guilty, al d the prisoner was discharged
Der. 25-sEsrEScEs -This day being the last Of the
October term, devo ted to sentences and motions.
Antoine Millett an Italian who convicted at the
commencement of the Of assault, with intent
10 violate the person of little girl but six years of
sentenced to two years and six months in the
State prison
Michael Colyer. who pleaded guilty to assault and
battery committed on the person of Mr.. Dunstsn,
while walking through Warren street sent to the
Penitentisry for six months
Anthony Koran convicted yesterday Of petit larceny
in stealing seven dozen hose. worth $40 from J. w
Rumsey g. Co. of Cedar street, fined $50, which
was paid, and the prisoner discharged.
John Fattery, indicted for highway robbery on Tho
mas Williams officer Of the First ward pleaded
guilty to assault and battery The court accepted the
plea and sentenced Flattery to the City prison for
thirty days.
The jury having been previously discharged, the
court now adjourned for the term.