The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-07
Court OF Generai Sessions

Before the Recorder and Aid Smith and Doherty.
CONVICTION OF WIN. O'BRIEN or ASSAULT AND BAT
Terry WITH INTENT TO KILL
AUG. determination Of John Fitzpatrick for the de-
fence, contnued-Witnes had advised the defendant.
0Brcp TO arms: him two three days after he
arrested observed bruises which he showed. Job
jectek to ard ruled OUT.
Cross.examned-Did not remember whether he advised
him obtain the protection Of the public authorities
advised him 10 both for the OF his per-
and his property did advise him to take them out
with him when he drunk had turned defendant
of his (witnessD liquor store in G. tor dor-
derby conduct but had thought he stopped long
had told the boy not to let him in any he did
drink liquor sometimes
Of.cer Barton-saw the prisoner next morning after
Tho arrest. and he complained OBJECTED to- and ruled
Csossexamined-Tull told bm that o Bren had taken
the pistol and told the witness to follow him. as he
was going up to Fagin's.
Patrick Fitzpatrick Francis McGown. and Patrick
Mccarthy called TO character and each gave de-
fendant good one for general good and quiet conduct
officer SHOEMAKER recacd-Saw Tully on the night
in question in front Of the house walking backwards and
forwards when witness approached him he pulled his
hat down over his brow. and put hs hand up to his
mouth this was about three quarters Of an hour before
he heard the pistol fred.
CrossexamneG-Did 60 Close enough Tully 10 speak
MrJ j. Philips summed up FOR The defence, and Mr.
Blunt replied, with great force. most yehcmenty cx-
pressing his determination Notwithstanding tue attacks
that bad been made upon him by the press to discharge
his duty fully knowing none by name but only as pr
the bar End recognizing distinction between
high and low, rich and poor 80 that whoever might
vince his vith,rs at least, should be unwrung lie
claimfd conviction under the thirty xh secton-tne
highest desiee Of this offence.
Tho Eqcod carefully reviewed the facts as detailed
evidence the greater part Of which were nndisputcd
The he charged. mutt be full and deliberate In
tent such would constitute murder the result had
been death. .
The jury retired at FIVE minutes to two o'clock, and in
less thdu half hour brought In verdict OF guilty
The prisoner was rcmanded tor sentence
PLEADED GUILTY AND sES1ENoEp.
Thomas Cronen who stood charged With stealing se1
IN eold from Thomas 0Donrcll, of 10th street, neat
1brl the 9Th July last pleaded guilty to an
ndicme nj for grand larceny and was sentenced 10 two
years imprisonment.
This Court then Adjourned.
SECOND PAM
Before Judge Bebes and Aldermen Sturteyant and
sucUsr 3--yhs branch OF the court met at clock
uTsuant TO adjournment
sTABBrso WITH KNrE-AN EXCITED WITNESS.
Patrick Uuests lame young man. about twenty. ave
years Of age and by trade mkman, charged with
an assault with intent to kill Mr.. Richard Martin
The prosecutor stated the circumstances briefly thus
Richard H. NJ. Martin sworn-Was bookkeeper In =
wholesale fruit store the night OF the 18th OF June
he had just the Fulton ferry and the prisoner
seemed TO have difficulty with the driver of stage
and was using some very bad language when witness
monsrsed and be replied to him in the same strain
witness then put down basket which he had with him,
npe little dog and about to put tho prisoner
outside the gate but had not touched him, when he
struck 1t him and wounded him in the region OF the
heart, he afterwards discovered he did not at the
time know IT, or the knife, but shortly afterwards
felt the blood became very III, and was taken to the
hospital, whore he lay for two weeks, and was unable
before
Cross examined-Know the gentleman sitting coun-
feIs nght never had had any physicist encounter with
hm - a. 70 Cause him to obtain warrant was conf
cent ne ava not ke the prisoner ut all before he struck
him and stabbed him he did strike him afterwards
e. tGee times be went towards the prisoner TO put him
ont no one authorized him to do 20 never saw thn
krf hor Lead What kind II was had been in no diff.
cplties srng mi ~ his pugnaoous propens,ies tn.
gcnn councils RIGHT had once eaiea more than