The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-23


but some e:ndlss and beer, end there oonuuni:
cation wthhe rest Of the buiding SAW BY door which
looked The prisoner had always stated ne had been
drinking, and went down With ssae nAn-did mot know
court the jury Immediately xtquitted the prisoner Of
any felenious intent, and he was discharged.
.1nsl1t-Wisness uAo kne1 all about a.-Michael
Manning youth well knownin the region Of the Fourth
ward, had much more narrow and fortunate escape
from conviction the grave charge Of highway robbery
William Flynn sailor residing at AZ Cherry street depo
sed that Saturday fortnight between l2and o'clock.
party of three accosted him in Catherine street, his
way home between Cherry and Water street one of them
struck him in the face and another grpped him behind
They distracted his pockeb book containing s35 all in
bllstwo In fvcs and the rest in smaller bills lie
the persons faces at all while they robbng him;
he of them running away (the who had hold
Of him by the arm) within about twenty feet, and who
dressed like the prisoner. He gave description of
them TO the Police, who in consequence arrested
Manning. Michael Wogan, officer of the Fourth
ward deposed he had heard Of the robbery and at
carly hour he arrested the defendant porter
house where he was asleep; he suspected him knowing
that he had lately returned from New Oreans when no
arrested him. he asked him for the nine dollars in
his watch fob; when prisoner said GLOW do you know
have nine dollars ~ Witness raid he knew all and took
him to the station house where the man Flynn ident
Ned him; he up the nine dollars and said he had
brought 1t with him from New Orleans witness con-
cuded by stating he knew the other two who had cleared
out one for Albany.
Mr. A. A Phillips dor prisoner III say you do not
Witness know who was there when they divided the
MIR. phllips--Were you there A-No. (Ruled
OUT
Witness continucdThc money was in 81 and 50 bills
The sailor could not identify IT,.
Mr.. Phillips asked whether the District Attorney would
press for conviction. and the latter saidt
question of identity. The Court charged the jury that
the prosecutor not being able to identify the prisoner
the charge being one of serious perhaps they
were not warranted in couyictpg. A verdict of not
guilty was accordingly returned and the Court ad-
yed the prisoner to make track from New York mme-
diatey which he very cheerfuly consented to do On
the application of the District Attorney the money was
ordered TO be given up to the prosecutor.
Eatc,s'e Bvgary-Singular ErIde,ce By The Police
Augustus Nichols old offender. and a former inmate
Of the State prison, indicted with Mary Stanley.
charged with burglary The District Attorney opened
the case He stated that extensive burglary had been
committed the night of the 18th February last ut
the store Of Mr. Prngle, tailor and mercer, at CIT
Hudson street 1t evidently perpetrated by master
hand about 5000 worth of property had been stolen
Officer Scott had the prisoner and Mrs. Stanley
coming along ON the same night, bearing some broad
cloth and other property the Sixth avenue His
suspicion being excited he attempted them but
the man struck him with sung shot ''bily." and
cloth behind MIR Prnsle was first called but Mr. A. A.
Phillips did not dispute the fact of the burglary and tho
goods being the property Of the witness. Officer James
Scott of the Twentieth ward. then called. and
he proved the case, stated for the prosecution in more
detail and produced the billy which found the
spot and with which he believed he had been struck but
not so as to make him nscnsibe. This instrument
about twelve inches long third of it being formed of
lead something in the form of druggists pestle and
secured with leather thong at the haft end like police
club
Mr.. Phillips cross-examined the witness and asked
naht n M bnra- a . son nose, " ~, .nc
six feet high. and totally different defendant
that when N;cholis ,ras Irrs,i ~ So,
house and found him sitting behind the desk with the
captain that he thought that not proper place for
1w;,nessl and in % ver &c IL nr;sar "a 1S 10 mn.
prevarieating answer purposcy, that he might be
and aid moi hesitate e - 80 pO'''0'
ReexamincdWas quite positive now; knew the priso-
ner well by sight seeing him frequently in the Eighth
rps ted m he
Ofacer Dunn Was called for tbe dac,nca ana aorosoa
tht tb a;t;on % th NY t ~ ~. anu ueposeu
hv scott Ala npt arrsa r;th that of H. nr;son o. ~
cross-examinaton the District Atterney nrodnced Iot
~. ,.,;L ha 800 Z. 80 =; puoeu ; i.s
eo =; - n vU -, Icy a m pyS'es . SILL Sn
$40 ra,,ah s:,rot: -, All; 80 ~ -; ~ .ts
He st@d witness whehcr no had sv ~ - hsrs ed
h ~ ~ 49, ,;d S a !. o.io1 v nv
n 90 $500 %, ~ @ u.a yoI t.I -; r,, V
" NJ o,, 49, ho you hot, ~ voe WIS,
III you see IN aay ego, ~ was i9uno,
Inosr Cenrce staniev the hsbamd oS N.Y. S,an, ~
Yes; he is about Eve feet six inches sandy
Warcns Cicero StanIcva No .;r n ma yJv Won n
b;ht that Letter 10 any onei Al nndertood ytsriav
wantcd II ana sa3 ha haa ho.+ar nn,aa ~ 80 80
rannssnor ph;n;rs ~ rooan,,,anaa aa =. ,, :. ~
nc vom know This wrtua1 TAnonvmons ' ipstt.r "
h;Ohi vas anc,oaad hnwm oa' "''0i ~
hut the District Attorney declined as II WAS not i;
evidence and the contents did not transnre Officers
Seaman and InderhiIl were afterwars called to cor
rohorate D1mn This thew aid Int admitted tbav had
known Nichols for ten wears and never knew him in snv
emnlov ment they him Mt knownp no
wos Connected With stantev Mr. Rlunt called soma ~
rahnt INT w;,hont n,nch aya, aud in s,,nm;r1 -, ~
con,mentad stronr,v IN tbe conduct NJ Tho ne,; =;
endeavnr;nc n swear down tha direct tost;mnnaw &c
Scott AMI whom document came ~ tbe;r nossass;ou
Sye or sx davs AGO which might nrove Of yplne thay
had not compnicated with the nn,ic nroecmtor and 4
had o,,,, roacbod him In an onnnymops ,nannar THO
court bay;nr CHARGED tho Inry an The only ns,t in
issne that ~ ientity thew after short aibrra1;on
returned verdict M entity Sentence deferr Thonrb
the burglary was an Extensive one the premises
degree.
.4nofheT Oid OrendT.-onaries Naveriey. ahas Hugh
casey who though but nneteeh mas already served one
term IN the state prison was convicted OF having on
the ost March broken the window OF MT James Rogers
jewery store 500 Hudson street and stolen some rings