The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-22


entered tho house. and the case having thus failed s
friends
n Nnro.r Esoape -Dedsrick Tugman about % yeass
Odd waS indicted for grand larceny In stealing from
grocery store In Greenwich street, about fy dollars u
money the date being laid the eth OF Decembsr.
JOHN Hanker the prosecutor stated his case in q vov
straightforward and somewhat amusing manner He
alleges that the prsoner robbed him In January OF some
h'c uonrs from the store and notes from his bed
ROOM that he then heard running down stains,
and put on his boots and ran out
| Q,-Whnt did you see Al could not see any oae
| Uaughter)
Witness continued-One night about three xees. .r.
at half past L. had shut the store and counted NJ
money that night 1t was in the month of arch that
found him in my bedroom again.
found him at all till now. 0.aughter)
Mr. Blunt-Well when you did find him
Witness-Wcll. ! licked him (laughter). and
Counsel objected to any admission made by the prsoH
er, and by consent put some preliminary questions
Odd you beat him 3, Al did
Q.-Before he said any hing Ayes.
Q.-W with A.-With my boots. tLaughter)
Odd you beat him black and blue Al don't
Q.-was there any else beating him A.-Ycs.
the clerk and his brother. (Laugher)
Q--Dd you not threaten him A.-Ycs. did I
said would lick him If he didn't tell what he did
with the money but if he did would not lick him any
more.
Q-And then he began to tell you something A.
Yes.
The District Attorney supposed he could not prcSs
those admission and counsel then insisted they could
not go beside the Indictment The Court held they .
could not Nv the offence to have been committed at anJ
time antc Tor.
Mr. Blunt cited Archbod, where it laid down. she
time was generally imiaacria and the offence might be
shown to have been committed At any time previous 10
the indictment being found and It was here found atr
the second occasion.
Officer Colwou was here called but he admitted some
one had told the prisoner IL would be better to up
where the money went he did not know whether he had
not. His evidence therefore ruled out and Mr.
Blunt claimed tho right to convict Of tho attempt
Mr. Kane objected. 1t was taking him by surprise and
he could show the prisoner had a sort of night there.
The Court supposed the District Attorney might under
tho authority already cited proceed to the attempt
and defendant counsel recalled prosecutor who admit
ted that the accused Ind been clerk there some time be
fore he had the store and might have slept there since
with young man of his own name
The District Attorney remarked he guilty enough;
but he could press for n conviction and the Court
having charged the jury There no legal evidence
Judge Bcchc then called the prisoner and told him he
might 90 but he had had narrow escape The prisoner
avail himself of the permission to depart.
.qcqiated. Black, butcher by trade, was
tried charge Of stabbing, with intent TO kin officer
Matthew Mclaughlin Of the Sixth ward, on the I'D OF
February last. That officer who gave hs testimony in
very dispaseionae and fair stated the occur
renee He had been called of by noise and returning
TO his beat al running pace he had accidentally pushed
against the prisoner and acompanion Of his in Mulberry
street They made some remarks. and followed him from
No So to i6 where the defendants store situated
Here in consequence Of some further remark he seized
Black and Immediately found himsclf stabbed in the loft
shoulder with large knife They fell aud in the strug-
gle he obtained the knife and hed The prisoner till oocr
Mcfarlone came to his assistance. Or. symonds scwcd
up The wound and he (witness) laid up in
quence for about five weeks. The place dark. and
they might not have seen his star but he had II on.
McFaIane corroboraed this. and described the knife
(Which was not produeed) as ono ordinarily used BY
butchers in cutting up meat The store was open At the
time Dr. Symonds proved he dressed the wound, which
evidently inflicted by large sharp instrument, and
about three inches long and half thrcequarters
of an inch deep II was right across the arm us done
by stab; he did not think it could have been in the fall
The District Attorney sad this question Of inont.
which might usually be implied from the character OF the
dangerous weapon used but he also bound to state
that the original collision violent one though casual
nccdenta also that the knife seemed to be ordinarily
. laJ. aiI,tso In fruda
for them to whether there any intent to kin,
whether 1t was an assault and battery, or merely IN
accidental in which latter they would
quit The Court charged in accordance with these views
and the jury after short absence returned verdict OF
not guilty The prisoner was discharged with strong
admonition.
More CouneJeitng Henry Cook, Gothic Prinnngcr
and John Meyer severay pleaded guilty to possessing
and utteng wretchedly executed counterfeit bills,
and were sentenced to the State prison for five years
each
Pleaded Gully Charles schweitzcr arraigned on
indictment for grand larceny in stealing about
hundred dollars worth of clothing, in trunk from tho
house Of Joseph Keller, West Eighteenth street Tho
Grand Jury had also found an indictment against his
wife Theresa but to this the District Attorney entered
noe 7roseq,a The male prisoner whose youth and re-
spectacle bearing calculated to excite sympathy
wished to tell the whole truth lie had married since
came here but could get nothing to and as they had ne
money all their things kept where they hi boarded
He had stolen the clothes finding the trunk OPEN and
given the dress &c. to hs wife who had gone into scr
vice. III told her he had bought them; and she knew
nothing about it, The court felt good deal Of sympathy
for him. but had alternative-the lowest term being
RoId 7nef-sIichael Brady indicted for burglary
in breaking into the butcher store Of Mr. James Iiernon
in East Twenty-seyenth street, and carrying off
quantity of mutton. officer Mead caught him in the
act bearing of two fore quarters-asshoude and leg
when detected he took to his heels, but the Officer
caught him. and the butcher identified the meat
Verdict accordingly. Sentence, two years imprison-
ment.
The Bank Fmg1ies--.qnoher Postponrment Ed
ward Sanford made application to-day the part u
Capt Rowe for an adjournment until next term lie
stated that brother Of this defendant counsellor in
the State OF Maine engaged ut Washington wished
to be present at the trial The District Attorney did
must occupy several days. but he wished it understood
II must be tried when appointed On this understand
ing il with the of the Court set down
for the first day in next term
Hghuap Robtay-.ohn McKeough, was indicted foe
grand larceny in stealing from Matthias Elfsrom
the I'd April $50 in gold and notes By the evidence u
the prosecutor it shown that the defendant had vio
eny assaulted Knocked him down, and robbed him Of
the money mentioned in the indictment. The District
Attorney said he fortunate in not having been in
dicted for highway robbery which, doubt the offence
amounted to- and the Court being Of the opinion,
sentenced him to three years and four months imprson
ment.
.4noihv-John Grifths q young man about 20 years
Of age, indicted for highway robbery and stealing
three five dollar bills from John Duffy, the night Of
the 9th March The prosecutor had been to the thea
tre and found himself surrounded by the prisoner and
three four others, who insisted h treating them.
He suspected their object and tried to escape from them
peaceaby, to which end he complied with their demands
he could not however, shake them of and having fol-
lowed him to Catharne slip, they attacked and nearly
choked HIM stealing his pocket book. lie posi-
lively to the prisoner having been in the porter house
with him. and the officer proved he arrested him close to
the spot where the attack made The jury retired
and very shortly returned verdict of guilty with
commentator to the lcniency of the Court. Judgment
suspended for the present On the rendition of this
dict the Court adjourned at half past o'clock having
dsposed OF the OF seventeen prisoners in the
Of the day.
BrOOklyn CITY IntclIluence.