The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-20
Count or General Sc ssIons.


NOV. III ChoSge observation-disclosures the Coroner
Nicbolns Tiezien charged with assault and bat
terry with intent TO kill John Ives tie Coroner OF this
CITY on the 2sd April last The defendess is the propri
ttor Il grocery and liquor tors at the of rwsn
y nth treet aud Sixth avenue IL will be remembered
tha5 In The month of April last. n boy mined Joseph
White died from the Ell overdose brandy said
10 have been administered by rnomas Kennedy apd
procured at the store OF the defendaut An in
dicmeht was prepared against Kennedy, but he
hag not since been found On tbs Coroner being
Informed Of the circumstance aud notified to hold
an inquest he sent his deputy DR.. Budd, to con-
pel he attendance of the defendant and his clerk,
Bhuibem IL was on Budd going TO the store and the
subs.quent arrival there of DR. Ives the murd rous
sanit With which Tet2ein stood charged alleged to
Ing deposed that he the day pamsd went, to
the OF The defendant 73 West Twenty f5h street.
20 subpoena witness as DR. Budd had told him he re-
fused 10 be there the clerk Bhurlhsim whom
he wsutsd dtepdan said that he should 60 aud he
ordered bis Deputy 70 seize hm Budd went in between
the two counters and the boy seemed asimed witness
hal peviouly seen two pistols hanging acase; tho
defendant seized upon one Of the pistols and the deputy
prevented tbs boy from doing the thing; Buid
LAID hold Of the prisoner who held the weapon In his
LETT hand and by Knocking his knuckles with
metal weight, they Obliged him to let go, aud he
cropped Il The pistols (loubls barreled ones) were
here produced which appeared TO be signal for all hs
VII OF che bench and bar to give itself yent Mr. Hall,
producing them sad-lie.e are the pistosi they eau
peak Tor themselves
Mr. Whiting (who appeared for tho defence)-Yes;
care tay they II give good report.
withdraw the charge,
Mr. o Hall (ratber alarmed) no cir; press &C.
Mr. Whitirg-I guess the prosecution will have Z,
withdraw e charge and the pistolaand all (Laughtor)
Defendants council here took the pistols to hts table
and commenced examinaton pointing them rather
TOO pointedy towards the District Attorney and tho
MIR Hail. Take care; don't Ike a fire in the roar
cloud laughter suppressed by the oilcers)
Court the pistols so oil nov they will explode tho
MIR Bali.-Do sit a boiler ali day long,
TIE witness was then GROSS exi inined by Mr Whiting.
attachment o. sworn jury before be had gone to tho
aocu.d store He handed hin ever to the police having
with Nr budd oserpoweret Inn and his clerk and tho
" doimtnt was found the next day.
nr Budd VAS next examined lie vent there and
sal 70 me boy y want you % go With me before the
Boz. outside " PIisoner hims eli Ia aud he
psutd tud wa ordered out Of the store and he then
feu doatos abr Tor the coroner who and tho
te,e i5sd ~ him took place Dscesseds brother,
sour ger boy ~ nuded BhUrbem as tire one who gave
thtm ihs W.ncy Hs tas the prisoners thumb on He
hsmusr ar9 hii rpgsr tbs trigger Of the pistol about
t'rncnnir q - sie coroner, he witpes) knocked
Dectr wiu'e-s. vbo up, partly corroboratoi
the other vi'rres auf the pistols the charge hsvp,
been drawn. proved 70 Be loaded with large shot
whereas the indcm ut dpcfbad II as ieaden builen
Tbis he As'.iant ntrict Attorney contended ws IL
anything mere variance
Mr whiting summed u9 Hls defence was that ths
corou,r and Buid were trespaeers from the first, and
explained the requrtments of the law which had not
been compiled with Irless the nssanit were .yeous
IL was clearly jnsiiGebetha. wss for them 10 say.
The Court charged 10 the same effect and alluded to
The fact proved that II the and his clerk
who vtfe overpowefed
Tho Jury returned verdict Of not guilty. AMI the
Novrvntn io--a Sianr S., Crss -Richard Lake
nos German was tried and convicted os assault
Patrick Castidy resident % Central village Conn.,
the "a iBft aud striking him the head With slanr-
Ihot IN an alley war the Five Points. rhs assault
vas clearly proved and the detendant remaaied for seu
Bi'clarre n he Grand aud Pe,h .Inrors--Ths sbovs
concluded The trial o. all the cases ready and the pstis
Ing during their sesion brought In number Of bls ofn
dctmeus for the ordinary description o. offences tri,be
IN this court announced tht they had concluded their
lahors and were also Discharged