The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-16

Of water he could not recoect WHISTLER she vas sittps
in chair or lying on the floor: che seemed ,itsd Nj
Mcmahon psfsed him ~ 10 was going down stairs aftcI
he heard tie scream; be very much excited Csun
sel-Did he say anything to you! Boy-Ne. Counsel
pid he "a. anything
getting along with her After this she left him again
This vas all thu testimony, and the judge said it mol
sufficiently serious TO submit the question to the jury
whether It afforded good ground to apprsh nd danger t.
life limb she returned after he had entered ists
recognxance for his good behavior and he ordered
nonsuit.
Court or General session.
Before Hon. y. r. Tnlou and Aldermen Tweed and
Compton.
Dec A.-Ths Gaze Of Vim. n Do,p The court, Il
Dersens anxious to hear the trial Of this defendant
dicted for perjury said to have been committed
Forrest Ioses case Forrest n w'
were every living Incumbent Of the ofoe II District
Attorney for nearly enty hears past namely Aesrs
Blunt McKeon whiting and Ogden HonnAn.
For the prosecution Mr. Blunt and Mr. A. 0. Hall ap-
peared and for the defence Aessrs. J T. Whiting, and
A Phillips
On the cau.e being called or Mr. Phillips moved that
1t be potponed ana proceeded to read two adavits
fepdsnt binse alleging that he had good defence
the merits and that Miss Catherine Sinclair mate
rial and necessary witness he had been advised BY his
counsel snd that fhe ut present at Nashville to
which place he had telegraphed but could net
her till the latter end OF January Tho
was by Mr. Phillips, coroboraive and setting forth he
Mr. Blunt opposed the motion. and said the question
presented itself before the court whether parties
charged with big feonies could be brought to trial
not The application to postpone till February On
former occasion similar attempt had been made On
Voorhees,, which he had opposed aid commission had
been Issued. being bailabls care; and therefore
having stood all the he conceived there had
teep abundant time to procure all necessary Witnesses
He lad given full notice that the would be tried
day and had not before this moment heard anything
their inability to try it He argued that the adavit
In nj az at nufN
Gent any diligence bad been shown IL stated Mrs
Sinclair bas LETT st Louis ON the 9Th December that
II NUT have been received since and second
application they ought TO show what they expested
prove by the witness when pessbly, the prosecution
might admit 1t to be tiuesrck vas the imperative rule
Of law He therefore insisted the should proceed
Mr. whiting replied, insisting the prisoners right
to adjournment and stating that he had been pre-
pared in November last sBa that the prosecution
had been ready The civil had been di.possd Of On
different testimony, and no wrong could he done BY the
Nj Blunt remarked that according to the affidavit
Miss Sinclair left in September they stated
they prepared in November.
After fur tber discussion the Court held hat the
District Attorney right in his pssitip; but they
would grant the defendant an opportunity Of amending
his affidavit ans for that purpose pos pone the case till
The court tbts adjourned till to day. when the witnss
set were orGSredto attend.
DEC Is Sentence George Bopns, for FWguy.-Ths
prisoner convicted in the meath Of June last Of Of
the bank fogeries in connection with Captain Rowe and
Others placed ut the bar pursuant to appointment
for sentence In this bill Of exceptions had been
prepard but the Court have refused to certify that in
their opinion there Is any probable ground for IL The
pfiscneIs counsel, the Hon. A L. Jordan and Tai
msdge pretent and in reply to the usual question:
the said by his advice Mr. Bovine hsa nothing to
The Recorder then saiA-Th case which has given
the members of the Court great pain 1t is very
rare that Of the standing connections and eauca
ton Of the prisoner brought to the bar for judgment
en- conviction Of crime such this 1t is rare that
man Of the intelligence and high respec.abty Of family
ana excellent 81 rearing which 1t evident he had
ceiyed, and the influences with which he had been
rounded in his childhood and manhood-it Is say,
that they have fallen into the commission OF erine such
this 1t lie fti tAst person OF the age and
respectable appearance Of the prisoner Ia brought here
magistrates bound enforce the laws In such
have always been educated in the belief that 1t
and solemn regard to men Of .se; and il Is this
ring which binds together all Christian society Yet,
rounded By all these crcumstances stands the prisoner
rsSsl's 10. an q
which would mitigate yet on examination, ths more
carefully We lock into it. the more difficulty there
is outwsrdly, TO discover anything that amount
to any idea Of mitigation. The crime was that Of
forgery and forgery in a community Of commerce in
which the mutual confidence and credit of of
the utmost consequence. 1t was, toe crime not
coz mited in moment Of weakness or sudden tempta
ton and excitement IT bad been coOlly calmly and
sys. maticsly done Ilitervte and ignorant VIE
could read write plsy ed to carry it out
young boy hsd been and 70 present tbs
mort embarrassing, according to his aeoount-the
yrsoner being the grand centre to direct the operations
which had beer in instance successful His very in
telgeBce makes 1t dicult to end any for
clemepcy We do frequently hsd iliterste youths and
whore opinions Of wright and wrops are go very lin
tied brought here and punished; and 30, how much
i'm portsnt that in uch the present, 1t IL
to carry out the law do not know that need say any
thing more Your age experience intelligence ana eau,
prompt you and II lave any Of the good moral feel
iYgs remsiBBg in you appeal to you to tndesysr for
the balance If the time yoa have here to produce
Court is that you BE- Imprisoned in the State Prison for
the term Of four years and three months
The prisoner who seems TO have suffered good deal
from bis imprisonment retired In silence, and with
firm ttep
Before the Recorder and Aid Tweed and Compton
The Cose eJ William M Dofp-In this Mr. II.
Clark appeared with Mefere n hitting and Philips for
the defnce Mr. Forrest and several friends were present.
~ before.
Mr. Whiting renewed bis motion fer an adjournment
Mr.. Blunt produced affidavit. BY Mr.. A. 0. Hall,
denying that there Was arJ understanding that Wsod
The Court repea. their objections raised yesterday
which were answered by Mr. Clark 1t considerable
length Who commended that due had been used
~ procure Mrs sisosir mrs Torrert) 1t vas finally
arranged that the should stand over until Monday
morning, and that oefeAdants counsel should, IN the
exactly whore she ~ present or that they shsua
adsvts which nght be satisfactory % TO what
they expected to prove BY the absent witness
OJstrueiing RG,oad Tvsek Caution TO Conductors and
Ohas William II Jsckssp was Indicted under the sta
obstsetns the track fthe sx railroad
by piacrga large granite back he szs Of one OF the
Rms blo6ks) the line In VArick Broome street
The ter timony direct Isaac Taylor, Of lac varck
street deposed that evening in August last he was
rturnrg home snd at the SPOT described he observed
the defendant recovering from stepping posture On he
road easpeetips ths osue. he secured bm. The ears
Immediately afterwards came In contact with tn stone
Of which there number lyinS on the side walk.
The e1sMinAtsn oSg bot ELECTED nothing ma
teisl Two three witnes examined for the Dc
fence who gave the defendant good fer orderly
conduct The jury retired and after absence Of m
bcur stated 1t Impossible they ssud agree and we're
discharged
Plsvded G.ip -Berjsnin Austin, . negro boy ffsssn
years Of sge pleaded guilty Of sessE hore valued ~
hunsre6 dollars the sth Of November last the pro
pey Of James Anery and was sent V the hsss Of -
fugs.
I'm ImpSdent RoIIoy-wnlism Roberts, ~ athletic
looking 1onrshoreman Of Jet black hue, was charged
with stsslipg ven barrels Of tao~, valued At hun
dred dollars, frpn the warehouse Of Hr Asrahse Ed
wards II AZ New street. the 30tb Of NoveDb~ which
be Afterwards shefsd for sale 1t Metsrs CelgAts 90 o.
Dutch street The Jury edately retarned verdiat