The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-10

shut up on those days; don't remember having seen
there or but he
was there Mr. Hazen WAS not. ~
Mr. Darlington moved that the be adjourned till
short 1t decided to adjourn 1t to Friday
Court OF General Sessions.
Before Judge Beebe and Aldermen Boyce and Cornell
CONVICTION OF LAWYER FOR AN ASSAULT AND
BArTHRY-A SUMMARY PROCEEDING.
dctment q. Counsellor az law and who .n sa' Mn Mn
soourn in this country has obtained rather unenvabIo
nctorety BY his practice chiefly in the police courts
on Augustus Hitz, In June last.
Augustus Hitz, an aged German, sworn-Deposcd that
he lived at Renwick street last June lived at Desbroses
street. knew defendant by sight; WagstaR came to him
and asked il his name Htz, and demanded from him
him, (defendant when the latter took hold of him bv
the throat; man and woman we're with him. they
burst open sleeping room door did not know why they
man seized witness by the collar, and the others then
went into the sleeping room, and broke open the trunk
whereupon witness for officer In the course OF
the scufe Wagstaf tore OF some Of his hair, quauty
OF which he produced, and showed to the jury and
broke his (defendant's) cane over his arm.
+. W. LambreCht, swOrn-1n June last lived in Des-
broses street. and knew the last witness and Wagsta
but never saw the latter except that OCCASION
wall; tho cane produced b1 witness was broken over
the prosecutors head; tho in question was an
oak one, having crook fancifuy carved to represent
dogs head. The defendant said he officer and
had been sent by the authorities.
RMr. wagstaff examined the witness. with view
to show the trunk belonged to client Of his and that
he attended professionally to claim it.; but this was
stouty Denied and the prosecutor asserted that Mrs.
GIoshen the client had sold the trunk him and that
there articles in it alleged stolen
The last witness admitted that the defendant had TIVE
scratches.
Was called in and found the door fastened when he got
In, the old man was sitting in chair bleeding and per-
fecty powerless; Mr.. WagstaH and Mr.. Rice much
excited and witness could not que the disturbance
Cross examined-Saw two scratches on WagstaTs face
and believe that his finger was cut; Odd represent
Saw some blood on his shirt, but there were many
talking he could not tell all that said defendant old
tell him Of the circumstance of tho door being barred
Frederick Rice then called and it Was stated he
had been subp9naed, but he did not answer.
Elizabeth Groshen then called, when It appeared
that officer had just arrested her . charge Of lar
ceny with respect to things in the trunk in dispute
the warrant having been issued long ago By direction
that she was in service and left things with Mr.
Hitx and when she went for them that Ms. Hitz
and then went TO Mr.. Wagstas; won't with him and his
clerk to Mr. Hitz, and demanded the trunk; when Mr.
WagstsH inquired about the trunk Mr. Hitz got him by
the hair Of the head; Mr.. WagstaT had . cane in hs
hand which Hitz took out Of his hand, and struck him
with until il broke and then took out knife and
going to stab him; the door locked and they could
not get out
Odd they abuse you, tear your bonnet and shawl
way shape abuse Htz, but to demand the trunk A
You cid not strike him at all Odd you my finger
to be opened and say Rice and Would 20 out of the win
dow? Qaughter) A-Yes you did. Odd you
me strike Mr. Htz in any way or shape except to keep
Judge Beebe-she has stated you did not strike him
at all.
Mr. Hsll-rerhaps he thinks she has rather too
strongly, and he .ants to qualify it.
Wtness-You did not take hold at all but once pushed
him away.
Cross esamined-Neyer went by the name Of Koher;
had boarded At Hits house two or three months q
ANYTHING to steal. Qaughter) Q-Ever sell any under
clothes thsres A.-No. Q-Ever sell a trunk theres
Re examined Had two chairs and rocking chair therc
and table and
On leaving the stand, Witness complained that Mrs.
Hx had torn her dress passing into court The Judge
remarked that such conduct was very Improper
Mr.. Wsgstaf applied for attachment against Mr..
Rice whose testimony, he said, of importance and
late now and after waiting time directed him
proceed with his defence and they would permit him
put in the witness affidavit afterwards.
The defendant then addressed the jury, and read a
long affidavit of his own in which he denied any assault
in shape or iorm but far justihable and
in sefdefence He complained of the treatment he had
received through the long period that this charge had
beer pending and which had been preferred for
DAYS afterwards He had by the accidental sickness Of
his bail been Kept in prison for four days and refused
earring so that he never heard the evidence till and
who should not have done and for what he did
The Assistant District Attorney left the case in the
charge Of the Court and Judge Bsebe addressed the fol
lowing laconic remarks to the jury"Gentlepen" said
he 'this is entirely question of credbility If you be-
acqut the defendant but If you believe the other wit
nesfes you will convict him !"
about ten minutes, returned with . verdict of guilty
and the defendant directed to attend Saturday
next for sentence.
John Gleason, Michael Kehoe, and Edward Shea three
young men, aged respectively twenty one twentyt
shoemaAers. we're indicted for highway robbery
Thomas Pretty, seaman, belonging to the ship John
sunday February 49, at the corner Of Carlisle and Wash
Thomas Pretty, the seaman, who has been detained
since the witness and who gave his
tmony in very clear and Straightforward manner, sta
ted in substance, that he endeavoring to find his
carry with decency, on Sunday night, about . month
ago. when he met the prisoner Gleeson who asked him
took him down to a Dutchman's where they com,
PEELED him to pay first quarter and then q dol
lar for supdry rounds Of drinks that on asking for
to run, but pursued knocked down and brutaly
kicked while they extracted from his pocket handker
chief knife. and German silver box containing dol
lar bill he thought they about to throw him in the
slip had not his cries brought the officers to his assist
ance who arrested the two first named
This evidence corroborated by officers Lawrence
Rely and Valentine Hinton who, not finding any proper
ty the prisoners searched in the direction they had
and, thrown over the railing in the snow they found
the knife and box The prisoner Shea who observed
lurking about the Office, afterwards arrested by
ohcer Mclarty ana rretty Immediately identified him
as the third man.
Hon. +. A. Talmadge, for tho Defence endeavored to
reduce the charge 10 Of assault and battery but
witness whom he called failed to negative the evidence
for the prosecution. He however, produced quite
Der who the boys good characters honest hard
working, peace able and industrious.
The Judge charged briefly the law Of robbery in the
first degree and particularly that character should not
have weight II they believed the direct evdenceit
could only in q OF doubt.
The jury retired and absent for hour their
return into court they rendered verdict of "Guity
recommending them to the mercy of the court u
ryman The foreman said xious that this recon-
mendston should particularly apply to the two others
than Gleeson.
On the rendition Of the verdict Kehoes mother uttered