The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-14

the particular partners name was such variance as
Defendants counsel urged that the check not tbs
| gist q The offence, but the representation
The Recorder thought that the statute did net apply
to vaauces In matters OF forn but suco as vent
to the substance; and 1t sas material fact tass tfs
particular ehe,k was set ont. lie thought II 1t were
msIfsst 10 thu jury thst IL all the Offences
Transaction, it came within the ststu.e.
After further discussion the substance OF which
al comprred la tho above the Recorder ,hsrsed the
jury that under the view the court took they
sstisfed that it the rsu'action and merely
mistake In naming ons partner instead OF another hs
thought they would be authorized 20 render this verdict
which would be that the prisoner be acquitted the
ground OF variance between the indictment and the
Mr. Whiting would then ask the court to charge that
| there was evidence at all.
| The Recorder said the with them-there was
| no proof
| The jury, to the evident surprise Of most present
wished to retire and after shot absence returned With
verdict OF not guilty ION the ground OF variance be-
tween tie indictment and the proofn and added, mo
evidence being presented the court not having allowed
any TO he presentedo The verdict thus recorded
and the foreman in to a request for expena-
ton, raid be tupposed the court lsretood the
stance OF what they would presentthey int ndsd the
verdict 10 be in accordance with the direction OF the
court
The court tsen adjourned till Friday morning.
FEnHvARy IA Stealing Lead = Thomas Kavanayh was
charged with committing Of those deprsdetions so
common in new buildings In the course Of erection in
the upper part OF this city, The present
verance Of the sufferer.
Charles NJ. Buchanan, plumber, deposed that he
Twenty-,econd street. Sixth avenue aud on Sun.
day. the 18th January (when the Waterman is not
rom p u sns e, OF go
portion Of the pipe which he could Identify concealed
Ia vacant lot close by In the where he traced BY
some footsteps in the He left OF il there
trap and with the watohman kept up look out until
they discovered the prisoner coming over fence and
the lead and was carrying it Off when they alarmed hi
and ne droppedit.
Cbas McLsne eorroborated thi. story, and added he
IA in abOut he pvin Sri
day.
An fnc@,is,bte-.4 Suspended Judgment Enforced Ell
ward James, young man previously convicted OF petit
larceny at hotel in Cortlaudt street, where he Ia
stolen some things belonging TO boarder brough;
up for sentence Judge Beebe before whom he ried
having taken his seat said the court that occasion
ympstbizd with the prisoner in tho hope OF his repent
reformation and gment had been
had been done for hma boarding house had been
provided for him until he obtained employment; but he
had not been there more than two three days. when
he stole OF the chdrens clothing and shortly
waids some property from ono Of the other boarders
TIE money given him by his friends to pay his board
with 1t seemed he had spent instead of applying it,
The Court was surprised he had not though. it worth
while to live honest life and would sentence him
on the old charge to six months imprisonment in tina
pepitentiary.
PLad-d Guilty William Hynes, young man about
thirty years OF age pleaded guilty to forging chsck for
81 te0 on the Bank OF America in the name OF Mr. II.
kiog, grocer, with whom he had lived. Passing sen.
tence was DEFER ed till Monday.
Judgments Suspsnded-Washington +. Robinson, who
defcoed himset as seaman aged ls pleaded guilty to
John T. Buttsrworh "a renth street in the dsy time OF
the 10th Jan last The Recorder said the Court by
presentations made to Them bad been induced to
pend the judgment and discharged the prisoner with an
impressive admontion to his future conduct Nathan
arth pleaded guilty TO an indictment for obtaining Ss
from Mr.. Geo. W. Robinson broker, by false pretepces.
The pretence was that check exhibited and passed
them for the above sum- and puportng to be certified
Al good whereas it proved to be of no value IL
this case Judgment was also suspended and the pri
e0r er discharged.
Singular Case james Davenport boy about Is or Ia
years Of age and apparently Of an humble ndtion in
lfe was placed at the bar to charge of grand
larceny, in obtaining from the North River Bank by
means Of false or forged check 500 The
concluded when the court rose, but proceed
ed seemed enveloped in mystery The Assistant District
Attorney stated that the proner was undoubtedly
nfcted with others In this matter The Grand Jury had
not thought proper to ndic for forging or utterug the
Ing the money-an offence which committed in law,
II they proved that he did so BY of the check
even he got the latter honestly and inn oceutly the a
preparation was larceny and they would show he
about tewn spending the proceeds and perhaps dividing
1t with others The teller from the bank was the prnc
pal Witness but he not in attendance he would
call them little out Of order.
Geo W: Robinson called and sworn--Is exchange
broker; 2l2 Broadway; In January last he had
count at the North River Bank the check produced,
ldated 10th Of January 1852 for $500 not drawn
by him, nor any one authorized by him
Croes examned-Had never seen prisoner before the
arrest had never had any conversation With him; his
having been presented.
William D Ballow, paying teller Of the North River
and takrg the stand proved the presentation OF tue
check Produced by the prisoner to whom he paid ire
one hundred two fifty, and ten dollar bills Of
issue OF their bank S40 Of which had been recovered Of
the boy at the bar.
o.s-examined-rhc check wa, first presented be-
tween II and IL o'clock the 10th Of January lat,
when Mr. Robinson rot having funds there he aid not
pay III thought the prisoner called three times and
the second he tol him Mr. Robinson generally made his
deposits about three O'clock the boy about three
and waited for half an hour while he there Mr. ao
binson brother WHO'S his clerk came to make the de.
ia tn Mr oh gnnfa
brother and told him the boy had been waiting, but be
bad not paid becauie he had not made the depost ne
then paid It, sud they went OUT after he had shown this
check Mr. Robinson handed back to him. and he paid
it.
Direct resumed-The boy and Mr.. Robinson did not
appear to know each other the check was the exact
counterpart Of another Of Mr. Robinsons for hundred
dollars, rs to the signature.
boy where he got the check and he understood him to
say MI OF Clark plumber; Mr. Rohinsons brother re-
turned Immediately, saying his brother wanted to
the check witness sent It, and they then it
To the District Attorney-On the Monday Mr. Robin
son rent for genuine cheek Of $780, dated the 9TH and
previously paid which he sent up and it was found to
correspond with the alleged forgery in every respect
cept the date and amount.
The jury were, at this stage of the proceedings dis
charged till Monday and The court adjourned till satur
day, at eleven O'Clock
Theatrical ana Musical.
Bowrny THEATRE The nautical drama entitled
@Ysnkee Jack continues to be enthusiastically received
by large assemblsges Last night the theatre well
tnc NaLhcst OF approval were
bestowed upon 1t throughout It TO be repeated again
this evening together With those highly amusing farces
ofihe" Two Bcnnycastles" and the Guardian ANGEL
b,th Of which well cast. Hamblin continues iu-
defasabe AZ ever in his exertions to please his numo
rous patrons.
BROADWAY THEArRE.-Anc Their dense crowd assenblei
at the metropolitan theatre last evening to witness Mr.
Forests pereopation OF Jack Csde which one OF
the mott clever performances have seen. rhe
appreciation. which was bestowed upon him Of the
most marked character To night he viii appear in his
famed part Of sparsacu. in the renowned tragedy Of
The Gladiator tuppoIted by thore talented artists,
Mstsrs Conway, Fennc, and Nine Poniei.
NBlos GapprN,-Ths French company appear this
evening in the vaudeville entitled I" Tn Jumsux Nu-
Nero with Mile. Felice and ~. Edousrj add II Du-
rleu The entertainments will commence with the comedy
q" Les snsn bauqu,s in which nearly all OF the coai-