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


run and thrown the railing in the snow they found
the knife and box The prisoner Shea, who observed
lurking about the ONCE was afterwards arrested by
officer McCarty and Pretty Immediately identified him
the third man.
Hon. +. A: Talmadge for the defence, endcavored to
reduce the charge 10 OF assault and battery but
witness whom be called failed to negative the evidence
for the prosecution. He however, produced quite
Der who gave the boys good characters honest hard
working, peace able and industrious.
The Judge charged briefly the Jaw Of robbery in the
first degree and particularly that character should not
could only serve in case Of doubt.
The jury retired and absent for an hour On their
return into court they rendered verdict of sGuty"
recommending them to the mercy Of the court. u
ryman, The foreman said xous that this recon-
mendaton should particularly apply to the two others
On the rendition of the verdict Kehoes mother uttered
tremendous yell and left the wringng her hands,
ACCOMPANIED by crowd OF females Tho prisoners
TRIAL or A SUPPOSED DOCK THEY
Daniel Mccarthy was indicted for attempt at grand
larceny on board the schooner Star lying the foot
OF clinton street, East river.
The captain (Br'salD had been examined dc bens cssc
and his deposition was now read in which he stated
he aroused from sleep in the night and observed
prisoner and another by the he gave the
alarm and they watchman attached to the custom
beuse named Bennett arrested the prisoner the other
escaped
Mr. Bennett corroborsted the last Witness and swore
positively he him come from the schooner AMI that
be arr ested him on his coming to the sidewalk.
For the defence Mr.. Jonas b. Phillips called wit
TO show he seaman Of good character, and
only returned from New Orleans Few days before he
further commended the evidence to identity insult
Gent and also that actual attempt must be shown,
and that being board with intent to steal was not
efficient to constitute the offence
The Court charged that If they believed that the prison
er board with the intent steal and was inter
rupted in sliding back the companion the offence would
be complete
lie jury, after absence Of than An hour stated
they could hot agree, and again retired No verdict had
been rendered when reporter left
Caution 10 Juro,s Great difficulty is being expert
Greco rom the non attendance OF jurors thsre ving
been yesterday scarcely enough to form second Jury
The Court inflicted fines Of SIS each on seral OF the
defaul,ers. 80
Reioe Judge Beebe snd Aldermen Cornell and oakley
MAntH9.O On the opening Of the Court this morning the
leading counsel retained Bard and Smith 2who
have been indicted by the Grand Jury for alleged nayer
snop Of ofce) rose and begged the permission Of the
court TO enter argumenJ to show canse why the
Indictment preferred against the Aldermen should be
qua.bed In reply to the application Judge Beebc r.-
marked that tho motion eDtirel, out OF order rs
rdays had been always fixed for the Masking Of such
motions ard furthermore he fot dsnclned 70 hear the
argument then in the event of IL being .ned
bis riend on his left Alderman Oakley would be certain
10 incur great deal Of public odiun Ia of
being apparently prcudiced. lie would not be- present
on saturday and therefore, for his sake we'll o. from