The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-15

On the name OF John n Patterson being called this
morning, Right fair eempleoosd but rather intelligent
portunisy to to quash the Indictment, which IL
could MOI do BEFORE ~ IL would have been irregular
The Court. amid considerable suppressed laughter.
assured him the opportunity would be afforded him, and
ready to hear him The defendant them having evidently
confounded the indictment with the complaint made 10
fore the police Justice handed IN his points" in writing
belief. Second-Thst the affidavit which made
suppositious of stealing Third-That there pro-
perty taken and the first affidavit states This, said
he, Is bad upon its face. 1t states found In the
room where the things were taken g. with force and
with arms" and was in . contiguous ROOM no In the
same Then again, she swearssupon belief which evil
vence would not be received in any court Of justice
Judge Beebe (smng)-Tm afraid must refuse
your motion to quash He then asked to the indict
ment which the Assistant District Attorney handed to
the room of Mrs. Wilson His Honor continued-Thsre
nothing here upon which your motion can rest and
you must proceed to trial Win you be tried by these
Prisoner should prefer that the jury be relieved
fresh jury was accordingly and the prisoner
them with great attention.
Rebecca Wilson sworn-Resided at 141 West Twenty.
seventh street had seen the prisoner in her house about
IL o'clock she went out and when she home tried
to unlock her door but could not do So the key was on
the inside the prisoner opened the door from the inside
and she found him in her she down stairs and
called for some one to up and gentleman came
from the lower floor and met the prisoner the head of
stairs be then walked into the room and sat down
till the officers came when she went in she found her
bureau had been her drawers searched and
out on the floor, and little box which was locked
own her husbands and chidrens clothing and Of
young who had boarded there never saw the pr
soner before; the door was boted on the inside.
The prisoner examined the Witness speaking of
himself ',he defendant all through as il he were
conducting the defence of another person The witness
stated there four families in the house her room
was on the second floor in the 'front.' sometimes the hall
door left open, but it not customary; people
would into the hall without ceremony she was po
stye the door boted had testified she not
sure; the stoppage was not the sill of the door it
position Of the bolt from the outside and did not distinct
l hear il slide not by temporary arrangement
Of the bolt Of the lock the door was held.
Q-By whom the door opened? A.-By the man
in the inside,
To the Court-That was the prisoner
Q.-What did the defendant say, Al asked what he
was doing in my room, and he said Nothing give
up" Qaughter)
said g Nothing.-I give up (Ranewed laughter)
Q-Have you distinct recollection that he said he
had been invited A-No.
Q.-Were you not agitatedS A.-ef course was, to
Q.-Did the defendant when the door was opened try
10 escapes Ale had declared his intention before
Question repeated
The Court-she has said not but he had declared his
intention.
Prisoner-Yes, but don't want that-Qaughter);
want direct answer this is examination cloud
laughter.) Q-Was the defendant in the same room
the things we're broken open in Al dom know they
were in my bedroom the three rooms all open In one.
The for the resolution closed here tho defend
length and in the most rapid and verbose style arguing
so far could 1T all comprehend what he said that the
counsel for the people mistaken In supposing that he
could make II obligatory them to coincide with him in
bis theory OF felonious preconcepon the unsubtan
aed dispositions were not equivalent to the occuar tes
tinony which was required Of two witnesses. In the
course Of his brilliant harangue he descended from his
stills and playfuly dwel upon the instances in our
schooldnys, when had been made suffer- right or
wrong the many cases of Injustice we were ali sub
jeced to through life He also made allusion to
the defence, as stated on his examination viz That he
Wa M md yuvtp aud bad
gone there In his business. when unknown man.
he supposed the occupie asked him to step in and watt
that child came and played and the bolt of the lock
got misplaced; that he was waiting when Mrs. Wilson
returned, &c.
The Judge charged the jury very b.ieay pointing out
retired to consider their verdict.
After an absence of some tine. they in unable 10
agree
His Honor said he could not discharge them in such
clear
Cne of them said some thought the evidence of tho
Judge Beebe-I do not know how you could have it
much clearer He here recapitulatedi it,
Juror-1hee of think so, too: but the rest cannot
agree and another point they wish to know whether the
prisoner's statement is entitled to weight.
Judge-Io none whatever II contradicted by unim
peached evidence.
They again retired and returning in few minutes rem
dered verdict Of guilty Of attempt at petit larceny,
with a Recommendation to mercy.
The prisoner being placed at the bar, the Judge ad
dressed Sa MN I'M, We been the once be
to the Recommendation Of the jury. cat this some OF
the jury observed to give outward sign Of in
ward charge of SENTIMENT
Judge-Well, the county prison at BROOKLYN You are
very bad fellow You have some talent which Won use
for the worst purposes and we now send YOU to the pen
Tertiary for three months, which is tho longest
can, under this conviction.
The prisoner wished 70 explain that he had then been
committed as a vagrsnt, under the vagrant law.
Judge Beebc-Yes. That viii do. We know al about
you.
The prisoner hereupon retired
As specimen OF the prisoners style, suboiA
extract from letter written by him. while under arrest
to Mrs Wilson was written from the Jefferson police
court and dated February To- After giving his state
ment as contained above and enlargng upon his
pectablhy, he concludes -
But let this pass my dear madam Since you have lost no
property woq,d i not he more prudent 70 let tb matter
b. Sna Only tel i1ss' ~ the rS % &
and my counsel will make field wide enough for it.
iswf It i serpent that hides thousand stinrs
q this kind, che shoud placed the
vyr Whose 70 e a en s
Admit my dear madam that am ,"p thief Admit that
testimony sonsgn me to prison f.do you think
m AIDE any better The history the gallows will
TRa isSs
prison discipline revenge ard they have this
against tie community liz business 81 to
.s S the %
shf IKE sur he p pn s 1su Ss ss
TIE partial instrument q hurryng her there, would
pri"% @ viii 0fs0 give YOU you aS s"S
satisfaction to know that you have orphan sister
helpless about the world Look the and moral
organization Of and tell me whether 1t is her task
70 add nge TO the misery which sin and crime has
brought in tbis cursed world You're, respectfully,
JOHN X. PATTERSON.
n B-wil you grant me interview with YOU in the
prison before examinaton 1t j. get down for saturday
afternoon AZ three clock
A Young HOPEFUL.
John Kennedy fair, good looking boy, aged 10, il
raid but rather dimnutye for that age, who pleaded
guilty last week of grand larceny, was brought
up to-day, and Mr.. Waltham, whose pocketboek he
had stolen present, by whose state nent IL ap
peared temptation had been thrown in his way,
and he had only spent small The prison
er's father and step mother were also there. The
Court impressed with much sympathy for the youth
Of the prisoner and determined notwithstanding that
he was rather beyond the TO send him to the House OF
Refuge. The youth had besn arrested at the Bowery
theatre. In the course Of the afternoon Mr. Wander
WORT the Clerk Of the Count notified in reply TO his
inquiry that the boy had before been in the House of
Refuge, and IL supposed escaped He was there
upon recalled, and his parents questioned who stated