The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-10
Court OF General SEASONS.


Court OF General Sessions.
Before Hon. +. II. 1icu, and Aldermen Wesley
Smith and Bard.
FEE. 9.-1deqnittal-il6tc'n for Mamslaugh.
ter. against Lictased LealT, ty Mountaineering
Spfrt,4ous Laqu0.-This was proceeding Of rn-
tier novel nature, the indictment appearing, at
first sight rather II it had been found under the
Maine Liquor act than rs it was, at common law OF
the State of New York. The defendant, Mr. Charles
James, keeps boarding, lodging, eating and liquor
establishment in Warren street, which, conceded
by the prosecution, is conducted in highly respect
able manner.
1t may lie remembered Obe particulars having
been very fully stated III the tne) that in December
last; returned Californian named Charles r.
Becker, who had been boarding ut the defend
ants house. was removed to she hospital.
where he died from the effects Of excessive
intemperance. The facts Of the case as il appeared
from the evidence now adduoed were then exaQ
gerated and distorted before the Coroncrs jury and
elsewhere, that the Grand Inquest was induced to
find the present Indictment, whereby the defendant
was charged with causing the DEATH IL being repre-
scented that he had induced him to drink, with
view to his own advantage and to appropriate his
property o H.n h,vinr o0enoa for the nr,.o.r+;o,
called
Camilla L. Dege, of the Third ward police, who
deposed-He knew the deceased, Becker, and knew
the defendant; Becker had been to Panama, and re-
turned last September. Witness took him last
November, to board at Mr.. James; he 1.-THE
~
cd to drinking. Witness told the defendant so and
said not to give him too much--that he had been
upon Spree" Saw him almost every day; he was
always intoxicated; had seen him once or twice in
state OF stupidity; cautioned James again, and he
said that deceased would have it; had seen Mr.
james give him liquor Mr.. j. had charge of his mo-
ney 10 the extent of 1900. Deceased remained at
Mr.. James till the Doth when Mr. j. took him to the
hos ital, where he died.
Cross-examiLed by Mr.. Camp for the dcfence--De
fcndant never asked him, in the presence OF Mary
Cohen. TO take the deceased away; had
himself drank with the deceased; Mr.. James
paid over to the Coroner $40, and delivered
up his trunk; that oil that left of the $3.50:
wtnoss drank with the deceased five or six times; hs
drank gin, and witness soda water; could not pre-
vent the deceased from drinking but Mr. james
could; had drank whshcy in that house once OF
twice. perhaps huself be was not temperance
man. but sometimes did not drink for some months;
drank he pleased; nothing was said of deceased
paying wi'ness's passage TO California; he was not
disappointed by not getting it.
I,r. HeInsn Eedgwck Swift, OF the CITY Hospital
sworil-knew the deceased; he died from the joint
effects Of deliTum tremens and COMMISSIONS about the
head and face; there was post aaO,tem examination;
there were such ~ nptoms as would be found IN 4
perscn who died from intemperance; considerable
congestion Of the brain, and suffuson Of serum.
Cross-eXamined.-iie would say it was rom long
continued intemperauce that he was an Itempe-
rate man.
Francis Cou,ant.-Kncw deceased; boarded at Mr.
JaGes's; had seen him intoxicated very often; had
seen AIR. James give him liquor; did not know him
- DO 80 often: witness there three times day
at meal times only; thought the in,empemnce was
continued; he IVES all the time stupid or drunk;
never raw him otherwise.
This closed the case for the prosecution, and Mr.
Ha after comforting with the Court, said they
would hear some evidence fer the defence
hi; Camp briefly addressed the jury, cbaracteriz-
ing the charge q base one, manufactured by dis
appointed parties against The defendant, who die
more than Tosf men would have done TO protect the
deceased, and had faithfully taken care Of and given
up his property, alter payment OF the hospital and
funeral expenses. lie called several witnesses, tho
chief Of whom was
Mary Cohen, who depcsel that she was the scr
want and that Becker would coae down in the
morning at five O'Clock, ond insist on having four on
five glasses OF liGuor, Of which time hIr. James was
not IN; Mr. james lad asked Dege to lake HIM
away. and Dcge said he mad no authority. 10 wat
also shown that when it was refused he would 20 out
and get drunk elsewhere. The other witnesses wcre
chiefly as to the character Of the establishment Tho
Court interrupted this saying It WIS unnecessary.
and Mr. Hall fully conceded, observing Che papers
as spread before the C0f0ucrs inquest, appeared To
present a state OF facts 81 yarialce with thoss
proven, and the Reccgdel charged ihe jury In plain
terms IN favor Of an aeq itll OILS -g he was free
70 SOY there was not scigi,Lg evidence to sustain
such charge. The d cr.sd was "a man of inten
Iogate habits, long corliLaci. AID & appeared h.
als0 got liquor clseShege. iic Immediately
turned verdict accor3irs,y. 4r. James wa ;
discharged from his feccgfv Hl,
This is by no means She brt he mountai,
las been delivered o. a IulIse vi f'oIrt-th'
preliminary proceeding giving H.. N aspect
which j. speedily ChBngd Fc '.d to tn
test Of 'cfal evidence nd iidir "a.
idc -4bcc@ dseG9t IN tnatgY. 4. -9ac9,s,
kleuse, indicted With brandes, N.ps.s ,ucl yr.-
ttrcay, surrendered 20 day - takc hs tflal 20
evidence was the saline as "a tIe cuB0clremente
and il appeared the gin mentioned wls EHCl'e i.
gnd having obtained p0 osion. hc t00h i over IN
his own store across The street The police ,oowed
10 arrest him For his pc,t in the original aiiay when
he refused 10 go, and they cubhed' him. Hv
presented the gun, Tt denied he knew they were
policemen, or heard the captain say SO. Mr.. 4.
A. Phillips, for the defence. made the p6intsThil
to make Krarse liable they must prove on actual
assault in the first instance that he Intentionally
aided Brandos; that he was there for the LEGAL
purpose OF getting bis own gun. The fsonions charge
had been abandoned. The Court left 1t to the Jury
whether there bad been M assault and they after
some deihc1ation came in, unable to agree and
were, with the assent OF the Assistant District At
tomcy, discharged. The foreman ca.led some
laughter by stating, IN very simple manner that
they stood ten 10 two, and II was not likely they
could agree.
Adjourned tin this morning (Thnrday)
Court Of spcciaI Sessions.
Before the Recorder and AID Barr and pard.