The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-23


that there Is much doubt upon the circumstance and
the facts that raised the whole matter by the bill Of
exceptions, as to reader " exsdfh. 70 as ,ne opon
Of the Supreme Court thereon Inc stay o. proceedings
therefore granted and Mr. Soehraae proceeded I'M
medatey 10 the Court OF Sessions with the Judge ofaer
Court of General Sessions.
Before Judge Beebe and AID. Brsey and Barr
InI Fouam WARD ALLEGED SHOOTING cAsL-Aca. iiiAl or
ACCUSED.
JAN. 2o.-John Donohue placed on trial, charged
with the granddaughter Of Charles Lyons, on the 2oth
fully detailed at the time OF the inquest taken on the
3d. must be quite fresh in the memory OF our readers
and will be remembered that revolver in the hands
Of the prisoner had been discharged woundns the de-
ceased in the head from which he died. We, al the
time after careful inquiries represented the affair in the
HERALD the result Of pure accident, and The Assist
ant District Attorney and The Court came, this
very speedily to the same conclusion the was
abandoned and verdict of not guilty returned, under
the direction Of his Honor Judge Beebe.
ANOTHER NOTWITHSTANDING CHARGE
r Wetz respectable looking young German, OF large
proportions, placed at the bar, aud the audience
startled by tho that lie charged with
an attempt to rob the rcdoubtabc captain OF the sixth
Der last. by the evidence OF Captain Matthew 4.
Brennan II seems that, the day named,
III Centre street between Anthony and Leonard in
pany with another man, and that he game up and laid
one hand on his chest while with the Other he hold
OF his watch cain and laughed Witness seized him by
the neck, and the prisoner then said he honest
man lie would not say that he attempted pull the
watch OF his pocket bat he seized hold Of the chain
Only knew him having been witness against who
convicted OF highway iobbery. The watch and chain
were worth $3.50 Mr. Jonas s. Phillips for the defence
said it ro!ic for which the accused had suf
fered confinement since and pointed out the absur
dty OF supposng respectable young man would attempt
to rob the captain in the open street. and in the day time
within half block of the station house. To rcbut any
lingering presumption Of intent he called several witness
es to character until the Court said i MAS unnecessary
to accunulatc-his character not impeached. The
jury almost Immediately acquitted the prisoner who was
discharged, with caution against such freaks and left
the court his large frame considerably atated by tears
OF repentance for his folly and consequent suifcrngs
There being other ready the court adjourned
RIOT, AND THE MOCK AUCTION CAsEs--sENTESCE
on PATRICK CREGAN-DlsCHARGE OF THE GRAND
JURY.
Before Judge Beebe and Aldermen Brisey and Francis
JAN. PIT being understood that sentence would be
passed in the above this morning, the court
densely crowded
THE MOCK AUCTION CASES.
Patrick Cegan convicted OF grand larceny previous
y reported placed at the bar for sentence, when
Hon. +. A. TALIMADGE, with whom Mr. Wheaton
made motion for suspension OF Judgment and stay Of
proceedings the ground that the verdict totally
against evidence the Court having charged that such
crime that laid in the indictment had been committed
unless they believed state of facts clearly not proven
If the proceedings the District Attorney might
for manamus calling upon them to sentence xhe
prisoner and thus the question would be properly sase
Mr.. Wheaton followed on the side 1t could mot
be thought that Court was called upon to sentence n
prisoner for crime which in their expressed on,on
he had never committed, however great mis- moral
crinnality or turpitude may have been They would
crime false prc,ence, of which, peradventure, he
might be guilty, and for which he in peril of being
tried.
Judge BEtBE said that on the occasion of the trial the
question distinctly left to the jury was whether the pro
secutor had parted with his money in the expectation of
getting the identical money back again that if he had it
was larceny; but if not, then such charge not
made ont; and the jury had found that he had He
free confess as an Individual member OF the Court
that he had been on the jury would not have found
the prisoner guilty Of that charge It was to be re-
GREETED that the law left in the hands of the Court
had damn In .t,,l
new trial in where the verdict directly
against the weight of evidence He had doubt that
by o mandamus the Court would be compelled
to pass sentence and the only resource or remedy
was an application to the Governor, who would,
most probably, on rcpresentation, grant com
charged 1t was not matter within the discretion of
the Court. He did not think it legal but only
arbitrary right in the Court TO suspend judgment md
as he had sympathes to waste in the present case
having doubt whatever OF the moral guilt lie did not
feel inclined to exercise it. They would not however
exceed the term he would be liable to on conviction for
false preences The sentence OF the Court that the
prisoner be confined in the state prison for two years
and six months.
THE TAMMAyY RIoT-oRDER OF PROCEEDINGS.
His Honor saidn the Of Johns Austin and others,
sentence was TO have been passed this day, but since
assembling the Court rather the Clerk had been served
with copy Of bill Of exceptions and order for stay
OF proceedings. lie had presiding Judge refused to
give certificate that there reasonable cause but
Judge Of the Supreme Court Hon r. II Morrs] had diff
fered with him. he had perfect right do and grant
ed order The Court could not therefore proceed in
the matter AT this announcement the court was quickly
cleared of the remainder of the crowd who ppeared for
the most part disappointed at the postponenent of the
finale
SENTENCED.
John Dunlap, indicted for assault and bat
tery on John Hengham. with intent to kill but con
viced Of assault and battery only before stated was
placed at the bar for sentence and the Court after
appropriate remarks the OF knives and other dan
geous and deadly weapons sentenced him the longest
term it was in their power to nfict namely one year
in the Pententiarv.
DISCHARGE OF THE GRAND Jury.
The Grand Jury into court with q ba sc of bills
making in all one hundred and ten found during the pre-
sent term and discharged with the customary
thanks OF the court which then adjourned ill Monday
February T.