The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-19

In that locality both with repect to the police and the
lights The prosecutor. Who examined through On
Interpreter stated that he had in this city about
two month"; having arrived from San Salvador and ON
that night was passing In street did not know and
called into house there; but be could not exactly
describe It, did its precise location trsnspire and
when there he was struck the head and robbed
On getting into the he met the prisoner being
then scarcely able to stand his eet who threw his
arms round him snd felt Of his pockets and took thence
Q dirk knife (produced The officer who arrested the
prisoner found in his possession BY reason OF MS g
norance Of the language or bis confusion arising rom
very incoherent and differed materially from
his deposition made before the magistrate The OCCUR
he said that occasion tooE place about eleven
ocloek be said hs could not tell the hour and the
officer stated that the arrest made at two o'clock In
the morning There was also contradiction rs to the
prisoner having by him In the house and the
number Of persons that were there ar. spencer was
assigned for the defence and the explanation that
the defendant had met the Spaniard In bleeding and
faintpg cordop; he had endeavored to assist him. and
RENAME in his company rome hours. The knife was
snded to him to scrape tho blood which had poured
down upon the coat &c. of the prosecutor Nothing but
the knife ard some cents found on the prisoner
when searched The court charged impsrtialy ON
the facts and discrepancies and instructed the jury
that they might find the prisoner guilty OF the
full offence charged of the minor ono Of petit.
larceny, In stealing the knife or of commen assault
The jury retired. and out for considerable time
and returning stated that they unable to agree
and wished to know whether the possession the knife
sufficient to convict him OF petit larceny The Re
corder said certainly they found 1t had been taken
against bis will They retired again and were still un
Recorder they stated they all agreed to the pn
cral charge and the District Attorney consentng to
take verdict of highway robbery, as charged the pr-
soner was rele8sed.
alphabetically Burke, q young woman, and dsn
zen OF the Deighborhood populary termed The Hook
was indicted fer stealing from Henry Bernard OF WI
liam sburg watch, cham, and Other moyea5les under
circumstances Of such delicate nature as to preclude
the publication OF the evidence in detail The dissp
pesrsnce OF The property and the mode Of les recovery
were both involved in much my s,ery that the jury,
without retiring, returned verdict Of not guilty.
Wager IF Low The revival of this time honored Gus
tenn, long become obsolste, and 6naly abolished BY
statute attempted in rather novel form In the
OF the above the prisoners counsel made
iop'us hnsne BY quoting thus .F.sas in 'o titsi in
ectivey, "Fsisus j. omnibus =
Prisoners CounselIl correct the gsn,iemaus Latin.
said "fatsi -
Mr. A. o Hall-Ycure stil! wrong daughter
Prisoners Cournl-I'n bet you champagne supper
Mr. Hal-As District Attorney can't bet.
The appeal vas therefore denied, aud the matter
dropped.
Feb. Is The Late Case Of Rape in Centre Muke-The
three prisoners ia custody this charge ct
Spencer teparae trials the District Attorney elected to
try John Griffin first Prisoners counsel stated he
not prepared as he bad understood that Evanss
would have been proceeded with; and after little dis
cusson arranged that the trial should 60 of al
together for the present time The District Attorney
appeared together with bis assistant for the pro-
eecution.
The Case Of I'm. Da,enport--Kty to Tie Mystery Cau
ton This case which, it win be remembered, In
moro The leading facts have before been stated The
prisoner young boy il charged with grand larceny in
obtaining and appropria!ing 500, by means Of false
check the North River Bank purportr to be signed
by M. George w. Robinson broker. 1t seemed by
iderce before given by the teller that the prisoner had
presented the check before Mr.. Robinson had made q
deposit, and 70 that reason 1t not paid He had
been recommended to wait and he dld So until dr. no
amount which (the forgery not being then detected)
the check was paid and the prisoner and the clerk,
the bank together The check was directly afterwards
sent for and pronounced forgery Mr.. Robinson,
ss TO nss os a.
and said check would do that thi, excited slight
su,picon at the time but be gave him check, dated
seemed be counterpart Of the forged one
latter being dated the 10TH he particularly remarked
like K which not the Ia any Of the others;
the forgery skifuy executed thas 1t might have
deceived himelf this Is doubles. the key to the mys
terry the stranger who got tbs check for $500 must have
forged this: IL is well known to be common dodge
with adrot oer to get hold OF checks in this way for
tious how they give them to strangers Officer Wiley
detailed the circumstances Of the arrest OF the prisoner
who had FIRST Introduced himself as com pla.ant say.
for $50 bill The possession Of the large bill excited
rome suspicion and further investigation led to his de-
amount, but afterwards explained he had received the
check from stranger in the street, With direc.
could not afterwards find the stronger, upon which
be evidently made up bis mind to fix himself up
with his good fortune and ding to purchase
new clothes watch chain &c but had stu some $3.50 90
about him. Mt Bsllow the teller at the bank, and Mr..
We T. Robinson the prosecutors brother respectively
testified to these facts Defendant counsel summed up
urging that he had been made a instrument or
tool Of and that the forgers disappearance easily
accounted for his seeing the prisoner out Of the
bank with, OF at the same moment Mr. Robinson's
brother; and that having thus obtained It innocently
the subsequent appropriation by the prisoner which
might rave been considered justitable by even more
honest persons, would not amount to larcsny. The
District Attorney replied arguing that In the first plsce
the roperty hough not the possessioD) remaining In
the bank the conversion to his own larceny;
and, secondly, that person might steal from thief
and for this purpose 1t might have been laid, If the
person alleged to have given him the check had been
found the prisoner had kept back the whole part
Of the money. The Recorder charged the iury-that
the delivery of the notes to the prisoner did not dvest
the bank OF their property in them and they thought
from the prisoners conduct that he obtained or con-
verted them with felonious guilty intention, they
would convict: but II they could reconcile all his state
After .bort deiberatos they returned q verdict of
guilty accompanied witha strong Recommendation to
mercy The Recorder inpasng sentence expressed his
opinion that the defendant had knowledge Of
the Transaction than had yet come light and observed
upon his subsequent conduct, even If his story
true in going round the town spending the money in
stead Of returning it honest boy would have done
The Recommendation Of the Jury was received
with Indifference, and this account the sentence
would only be imprisonment Ia the States prison for two
years and six months.
day being fixed for the visit Of the Corporation and
Board CT Managers to the institutions Backwells
Island &c. and the Recorder who takes agreat interest
In them particularly Potters field having accepted
invitation to accompany them, the Court adjourned
ar the Jury discharge till to morrow rday) morning
Superior Court.
Before the Hon. Judge Campbell
FIB II -Hnman Marks against "A. l.. Reynolds The
jury in this being unable to agree decharg-
ed by order Of the Court.