The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-13
Court OF General Sessions.
Before Hon. Judge Stuart.
THE CASE OF JOHN b. HOLM,

THE CASE OF JOHN D. HOLMES.
FEE. 12.-In the case of John B. Holmes, indicted for
the homicide of the policeman Gourlay, Mr.. Jonas B.
Phillips moved for a postponement Of the trial, on the
ground that the defendant was assaulted and beaten SO
severely with a slung slot, on Friday night last, that he
vas confined to his bed and unable to attend in court.
Mr.. Phillips read aaBdavits to prove that his statements
we're true; and the District Attorney, believing that the
application for a postpoDement was made in good faith,
consented that the case should be fixed for the third
Wednesday Of the term.
THE vITRIOL MAN.
In the case Of Theodore Gray, known generally as the
'vitriol man, I" the bail were discharged, the District
Attorney being satisfied, after close inquiry, that the
prisoner was insane.
GRAND LARCENY.
John Little and Edward Finley were indicted for
stealing a sewing machine of the value of Atty
dollars, from John W. Martin, No. $50 Chatham
square, on the 26th Of January last. The prison.
es were detected and arrested by officers Pollard and
Jordan while trying to sell the machine in q secondhand
clothing store in Orange street. Being unable to account
we're guilty BY presumption Of Law. Verdict accordingly.
Sntenced each to three years and three months in the
State prison.
MANsLAUGHrER.
Dennis Carrig was indicted for the homicide Of Hugh
HaRan, An emigrant runner, on the 18th day OF De EN-.
Der last. The first witness produced by the prosecution
was Thomas O'Keefe, emigrant runner and boarding
house keeper. he depossed that on the evening In ques.
tion-a rather dark one-he was with deceased at the
foot Of Chambers street, where he left him for a sh ,rt
time. On returning he found prisoner and deceased
using violent language towards each other; the latter
challenged prisoner to fight; deceased then tried 10 kick
prisoner, who thereupon turned to q cart a few feet dis
tant, and seizing a cart rung, struck prisoner over the
head with 1t. Prisoner ran away after he gave the blow.
Joseph u. Cornell was working at the time of the occur
renee at the foot of Chambers street; seeing Carrick run.
ming, and people following him crying stop him." he
seized him and assisted to bring him to the station
ms RteharA WafAhArn a~fnra,N ali L....
keeper, saw deceased on the dock on the evening Of the
18th Of December last, looking after emigrants. He
heard people call out that Hagan was killed, upon
which he went up to deceased and found him bleeding
In the head. Bernard Hagan testified that his brother,
1.-THE deceased died on Saturday, the 18th Of December.
DIR. Derby, house surgeon OF the New York Hospital,
proved that deceased was brought into the hospital in.
sensible from a compound fracture, which extended
from the top to the base of the skull, and from which he
died on Saturday, the 10th of December.
Numerous witnesses were examined by Mr.. II. l.. Gin.
ton 'or the defence. Ellen Finucane, sister Of the prison.
er, arrived In New York at the foot Of Chambers street,
from Ireland, on the evening Of the 18th Of December.
Her brother met her there, and took her bagg age TO a
ed came up and attempted TO take away some OF the luz.
gage, which witness resisted, calling out that the man
was attempting to rob her. Prisoner returned and inter.
Tered, telling deceased that this baggage was all ri sht
and to leave IL alone. Upon this deceased became aba.
sive, ssying, "what authority have you TO tell me to 20
away, you son OF q b-hs" and following prisoner to the
other choice expressions. Prisoner only answered, ar
you don't go away, I'll get an NJ. 2. to arrest you. .
This bapI ened previous TO the blows being given.
John Mccarthy. who was also at the foot Of Chambers
street that evening. To receive the last witness on her
arrival from Ireland, dePosed substantially the same. In
addition, he said that when deceased kicked prisoner, the
latter was standing close to the cart; that he then turn.
ed round and seized q stick, and struck deceased with It
almost instantly John Graham, the csrman, employed
by Carrig TO carry away his sisters baggage, testified the
same in effect. Numerous witnesses were also produced
70 prove the previous good and peaceasle character Of
the prisoner. After the counsel had summed up and the
Judge delivered his chars 9. the jury retired, and In about
hall an hour returned with q verdict of guilty Of man
slaughter in the fourth degree. Sentence reserved.
The court then adjourned.