The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-02

United States Clssuit Court.
Before Hon. Judge Belts
APRIL 3O-Chwge of Reroh. Francis Williams, John
Burns Martin Meekin James Brown, Jas Sullivan, VIII
liam Powers, David HUMPHREYS Robert Erwin, James
george, and Edward Wilson, were indicted for revolt
and endeavor to make revolt board the American
snp Isaac Webb when lying In the East river New YORK;
on the 9th March, 1851
Mr.. Rvarts, acting District Attorney, stated TO the
Court that their arraignmen. the prisoners pleaded
mot guilty; but he understood from their counsel that
William Powers and Robert Erwin inclined to with
Them with an endeavor to make q revolt Upon that
condition he, (Mr Evars would enter no,Le proseq
Mr. Morrill, on behalf Of the prisoners asked that sem
tence be deferred until Monday in give time to
put In am iAvts In mitigation Of the offence.
The Court directed that Powers Erwin be brought
up Tor sentence en- Monday and that the other prisoners
Charge Of Larceny Sea-Sanuel Shearer was indlct
I'd for stealing quantity Of gold dust about $1,000 the
property Of . Virgins on board the brig Telegraph
on her late voyage from California.
Mr. Eyarts acting District Attorney. stated that the
prisoner at the bar had been indicted by Grand Jury
and is placed before the jury for trial OF larceny
Of quantity Of gold dust the high the property
of fellow passenger After stating the particulars OF
the the penalty Of which imprisonment for
year md fine Of not than 81 900 counsel proceed
cd to read the testimony OF the witnesses which
the same as that taken before Commissioner Nelson a
The evidence for the prosecution charged that Wig
gins lost bag OF gold dust. in which small
gold pieces and silver coins that, announcing the
fact committeeof the ships passengers appointed
to search for the missing property ana that found
the person of shearcr 1t appeared by the cross
examination of iggns that he sold during the voy-
gold dust to the prisoner for coin aud tina. he
had seen money in gold and silver with Shearer.
The theory Of the defence, urged by Mr.. sneby, as
counsel for the defence is that the gold dust the
property Of the prisoner that Virgins knew he had IT,
and being able to describe IT, made the charge against
him IN order that he might obtain il; that Virgins
in the habit of gambling By which he lost of his
gold dust; that he secrced another portion il while
the search going and that he subsequently re-
moved ii when the vessel came TO shore
James III Dunlap was sworn and examined by Mr.
Eyarts and said that he met Shearer San when
paying ms passage and that he asked him il he had
done well ut the mines Shearer said that he had but
$500 in gold dust witness Virgins purchase from
another man. $3.50 worth of gold dus. witness helped
to weigh it for Virgins and identities piece produced
from the dust claimed the property of the prosecutor
to be the same as that he saw when weighing it.
On crosse Examination BY Mr.. Smelly, said that
his memory bad and he might be mistaken to the
piece OF gold sworp TO by him.
worthy Roster deposed that he resides in Ononiaga
county was on board Of the Telegraph - knew Wig
gins and Shcarer started from San Francisco to Pan
board the vessel Virgins said he had lost gold the
amount Of $1,000 at the time of the search and before
the money was found, Virgins said the purse had a
small silver piece in it recolects when the gold
found, seeing some large pieces n plate.
Some testimony adduced before the Commissioner
for tho defence was then read. One witness, q
passenger on board, deposed that he knew Shcsrer
TO have had gold dust of his to the amount
$500 that he bought some gold dust from Virgins.
it to pour the gold into it heard Virgins say that
he knew that Shearer had eight hundred dollars
he did not get out of the berth the night the gold
said to have been stolen witness had $500 gold dust
to which Shcarer had access if he liked
Leander Greene was then examined for the defence,
and deposed that when the gold dust taken from
She and emptied out plate, there piece
Of gold in 1t, and Virgins said, That weighs 81"
Shearer Immediately made answer and said. No that
weighs IS and shilling it weighed at the mines"
Witness further deposed that when the vessel arrived.
Virgins was watched and searching In lumber
near his berth, and take something away with him; the
conclusion to by all the passengers that was
taking away his gold; Shearer and witness
the police office here, and toll the circumstance they
wanted Virgins TO be searched but the officers did
see fit to do
De benz testimony of other witnesses read in
which the prisoner stated TO be honest man and
of untarnished character, q industrious and
mixing habits when resident of Warsaw; heard
anything against him until this charge Adjourned.
NAV 1-Counsel having summed up, the Judge charged
the jury who acquitted the prisoner and the bag of gold
dust was handed over TO him.
Before Hon Judge Nelson.
CHARGE OF couNTERFEITtNG GOLD coIN.
Josiah sheppard indicted for countcrfciting .oi
trict AttorncyDepoed that he resided loo Cherry
street. knows sheppard aud swartz the 9TH of Feb
ruay at night they came to place Of business and
offered ~ counterfeit gold piece; they had drinks;
looked at the dollar sometime and found IL good
they wanted back went TO Mr. Ferris the officer;
he arrested them; went after sheppard aud he
throwing coin into the street from his pocket picked
them up; swartz was searched; nothing found
HIM Sheppard was searched and some good money was
ofccr Ferris gave similar testimony and deposed TO
his having arrested the prisoner.
VIM H. slocum, keeper Of eating house. deposei to
Sheppard and Swsrtz coming his place supper
aud that Swartz offered bad dollar witness told them
1t was bad and Sheppard said II good enough.
For the defence VIM. Swirtz examined. and de-
posed that he pleaded guilty to this charge and that IL
was he gave the money TO sheppard TO pass gave him
$40.
John Jnrsaley knows Sheppard good many years; he
has wife and two children he kept hotel in Phia-
dcphia; his character In the ncighborhooi good
Verdict guilty Of attempting pass counterfeit gold
coin.
year. in the state prison; the minimum l. Ia the dis
erection Of the Court
M8r8cT Botrd tie Buk Gicn-Thc trial Of the three
men charged with the murder Of the SECOND mate.
beard the bark Glen, VII BE- commenced Monday
morning. Mr. Ogden Holman j. engaged ON the part Of
the United States, 20 prosecute In conjunction with MIR
Esarts In consequence ct the absence of Sir Prescott
Hall, who Is at present a6oring under indl-pesiton