The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-10
Court OF General Sessions.

ROBBERY BY HOTEL sERyANT-TEsrIMoNy
Dc. . John w. Emery g coored man. formerly en-
poyed servant 1t the Irving House, indicted
grand larceny in stealing gold watch left by Mr..
the prisoner had charge on tbs lat Of October hast
The testimony Of Mr.. Miller he being resident,
had b de bene before Judge Daily and
proto,ed to be resd. Previous to this being done,
Ambrose Spencer the book keeper, was examined ae
at the Irving House when HI re- the witness had not
seen him for six months but had teegrsphed to
Winchester. Va and received answer; he was not in
the city now. ts his knowledge
Cross examined by MIR Spencer for the defence--Re-
collected SEEING him would know him now; had
him At the HvIg HoDse; had not any personal know
ledge OF the place Of tbat gentlemans residence aside
from hesr.sy and having tsegisphed
Court resolved not to take the answer TO his having
teleerspbed
sci again objected that there proof of ths
redsDce OF present sb that due notice had
pey expa,rea that he was about to read pre-
liminsry papers which would meet the objections, and
he wss resident and that felony had been con-
mtted, with which he charged the prisoner; oIder
Of Judge DAILY thereon the examination aida-
Wit OF ibe service Of notice by Mr. George Nevns in
Of that order and certificate Of the me Judge
that the examination hsd been duly had the 10th
October in the presence Of The accused
Mr.. spencer renewed his first two objections; but the
Court oveIruled them and held that the statute
MT Hail referred to the familiar case OF Barron w.
The People any confirmation necessary; and pro-
stated that being 1t the time guest Ia the Irving House.
be lett his watch add chain behind him BY mstake and
discovering the loss asked the prisoner about it within
i've minutes who denied all knowledge Of it. and recon-
nsnded hin to advertise Il.
The watch then lbe'ors Judge Dsly) producsd his,
and vas worth SIPS. He did not recover It till some
time afterwards, when tsleg-apled to.
Lionei Jacobs. be called, 1.-The Original
offered gold .ale SIS and down s4O
when witness suspectiDg IL was stolen, took IL away
from biusnd through the poll ultimately discovered
the owpsr His Impression was prisoner gave his
as Wliems and said he bought on board the Prone
theus where he was employed Witness produced the
property at the Police Court and had not had In
session afterwards. again produced before Judge
DAILY ano then given up. One examination the
18th, and the other the 10th OF October
MIR Howard. late proprietor Of the Irving House.
proved Tint he rad so ont about the 9th September
iesvirg prisoner there ard that he about tho
prtis,s good deal sfsrwards lie depoeed to the con-
yersaicD between Mr. Miller snd Emery when the latter
6enied al kno.sdes lie had after the recovery Of this
watch. Emer, and ked him about another one,
when Emery raid the only one he hsd ever taken was
M spencer objected snd claimed the right TO pre-,
examination before confession is sought to
be proved
crept into that court AID Re feared would become
eedsnt giving cosnsl the right to interrupt and which
contrary TO law here or in England.
The Court bpid, that vh.n q witness giving the
Whole OF The transaction the objection any voad in
evaby come out along with IT, and counsel for prison.
er would then have the opportunity
Mr.. Spencer persisted in his right This wrong to tho
yri,oner vas don. ran-pired in the hearing Of ths
jury; though II ~ss Afterwards ruled out.
ar. Hall considered he bad it nov and the Wit
eses might be cross examined
MIR Spencer took ptiou and seeded With the
croseexamiratien which further discussion ensued
The subspce u the facts and argument that ths
witness might have raid l. would be better for him to tell
but he speaking u otter property and held out
ipducement TO this watch, and the Court finally held
tbst the confession bad out spontaneously and
dmistible
Prisoners council addressed thu jury arguing that hs
hao 81 knowing whose property Il which he
had found and the subequcn denial would not make II
y larceny and that the proof OF identity incon.
plete
The Court charged that th' doctrine OF property found
in high way sDd therefore supposed TO be Abandoned
did apply to private house Hotel unles5 IL were
SO public psrt smost 20 become high way The pri-
pervsut in charge of this portion
tie house and A. peculiarly his duty 70 look after
perry left there spd II 10 the landlord clerk
Hth,s not there would be no security or proec
ton for travellers NJ hotels The Recordsr
eo hr ervsred he evidence and ths Jury In few
minutes without leaving their bog pronounceda verdict
Of guilty The prisoner rsmsnaed till Saturday for
senteuce
TRIAL F0R A RANK FORGERY.
The trial Of Edwin Thur young u, an charp, d with
forging the name Of his former employer Abraham n
Van Nest to check for seaI The Segen,b ward RAINY
commenced tut the for The prosecution rad rot
cloed when the Court adjourned till this FRIDAY
morning. 49,