The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-19

Court OF General Sessions.
Before Recorder Smith.
TRIAL o. xHHODOnS DAPPRIBH FOE NANSLAU0H
TER-vx1DICT or MANsLAUGRTER IN THE FOURTH
DE0RE1-sUsPESsI0N OF JUDGMENT.
Theodore Dapprish, respectable looking countrymAn
from Pennsylvania apparently about thirty years OF
age was put upon trial ct che opening of the
teIday morning. charged with manslaughter In having
caused the death Of German named John HarmAn
wher by pistol shot fred front Of premises 81 Green
wch street. on the night OF the 9th Of September 1885,
Mr. g. Spencer appeared council for the prisoner.
The District Attorney after few Introductory remarks
called ~ his first Witness DR.. Aenry D. Noyes who be
ing sworn, testified a. follows:-
saw Mr LAndwher dead at the hospital; isis ted O.,
the post ortsm examination he died the &c ii of Sep
tenber; hs oied Of wound in the ANKLE caused by
pistol ball; there was 20 other wound; him the
next morning after he was brought the hospital; he
died Of hsmorrhage from the wound amputation mad
been performed about two af er he ca ne to the
hospi al; he Was q robust man.
C.oss. e1amned-rhe wound was about two inch "a
above ankls; the Dali passed down ward
his leg was Amputased above the knee his death resulted
from the combi ned influence of the hemorrhaxe and
souRhing OF tbs limb.
henry Jeskins sworn-I am grocer In First ward;
knew tecea5ei for tour or FIVE years. sew him and
the prisoner ct b2 Greenwich street. lager bier saloon
the nisht Of the homicide he thsrs when went ia
with seven or eight others had been there about halt
an hour whom Dappfish In tho deceased my self
and few others were sitting at table drinking took
DC notice OF the until heard ask who
enCuld pay the the led, did
call tor IT, and shan's pay for it there quar-
Ieng aud the prisoner finally showed out of tne
house, soon After this the deceased Did good night
and went cut he stood in the ode of the street, and
the prisoner fired and Landwher felt we pursued bne
prisner and caught him. and found the piscoi In his
pOssesscn the reason hAt was In the mtdo
VI the street Was that he crossing over he
wsfds the prisoner.
Crcss- ss-exanined-I did not the prisoner come into
ing him before he cid not sit down the BILE with
ne was asked 70 pay for the wine and refused Idont
had large amount OF money with him; dOn'r know
that he tod that II he didn't pay for the wine he
shouldn't go out Of the house; cidnr str uck
while in the bar room didn't his pulled; can't
sal who called for the wine; didn't the prisoner
cs for it, TO the Judge-when the deceased was shot
ne was going rapidly towards the prisoner.
Frederick Schenne, sworn, through an nteroreter-I
was the barkeeper 1t OF Green Tch street. did
the prisoner when he came In first saw HIM II
O'CLOCK; the other persons who we're there the
prisoner il he wouldn't treat ohampagns he said he
sond not; they were most Of them emigrant rnnners
hare words passed between the prisoner others
dtd not pay attention to Whist said got
hold Of prisoner by the nose and told him he pay
man alone, did not wisn any oistur oance; heard
Laut whsr tell the prisoner that he should pay for the
champagne; there we're about twenty persons ia tns
barro0m at the tme aid not see Landwher do any
thing to the prisoner nor the prisoner do anything
him; the other barkeeper put tho prisoner oat; he
put him out because he aid not trOu bp
The prisoner was not under The infuens OF liquor
the prisoner refused pay for
tne wine one OF the men went and placed himself before
.hs coor don't know who it VAS he told the prisoner
he should mot 60 out until he paid for the wne
ceased 'cld the prisoner the same thing only the
cd the prisoner interfere with or disturb any
body before he was put out.
Az the Inclusion OF schsnnes testimony the District
Attorney stated to the Court tnA under The present
stare Of facts, which he supposed would not be mate.
rally changed by the testimony for ths detenes, this
ia the ourh degree His own idea Of the case
was tht tpe ps1soDee asksd - tzsas ~ tAs pSsn
VINO weis thsfe At nignr order that they might see
tow much money he had about him. with vie 10 rob-
bug him. But, bad might be the in whose
company he unfortunately found himself and innosent
may nave been his Intentions it dd aot appear
that tne prisoner placed in any such immtnent
ger As woulG justify the of deadly weapon. he
in the street at the time and might have ed which 1t
the of deadly weapon. Besides it did 1t appear
hat the ceceaHd who the victim Of his negligence
or careessnsss had used any violence
In Of the facts did think this could considered
u case of justifabie homicide.
The Recorder agreed with the District Attorney that
the facts, far showo established the crime of man
slaughter in the fourth degree.
Mr.. Spencer, the counsel for the prisoner, said
that he desired to s'as to the court the whole story
the case; and then, his Honor remained Of the
opinion he would proceed further with the trial. but
consent TO verdict OF mansaughter In the fourth d.
else Of his oscetisn would temper the punshmsn ,o
accordance with the just deserts Of his Client for re
never Was jury empaneled in this any other <t
in whose hands he weutd trust client than IN
the hands Of the Recorder who occupies the bench Mr.
Spencer then proceeded that the prisoner the
bar, having by hard labor accumulated small sum Of
money the State Of Pennsylvania, had left his wife
and children there and come to New York with the
intention of gong direct to California. he had pur-
found in bis possession when arrested While here wait
ing for the to SAIL he un rtunately the night
OF tho 9th Of September last fell into OF the
rous man traps which exist in this CITY, particularly in
the region where tae sray took place No sooner had
be entered the place. No. So Greenwich street. than he
surrounded by these emgraut runners set of men
ma bH NEST m \
yeu Honor well knows, are, ss GLASS; vagsbonds and
bul1es he was entire stranger to oil present. He
~as asked to treat them to champagne, and because
be refused, he insulted abused a. we are able
to assaulted and beaten; and finally thrust out Of
aoors Being much frightened t.oT the treatment he
ward him. after he had got Into the street. he believed It
was their intention to commit further violence upon him,
and under the influence OF this apprehension he aimed
his pistol and Ied rot ut the head at the breast
bht at the feet Of h pursuer hoping thereby to fghten
him to desis but with intention OF taking his life.
lieHy the jury adherng to the position that
The facts presented Of In the fourth
deee but stating that 1T lay In the discretion Of the
Court to temper the punishment from 1mpfs6ni6us In
the Slate prison to suspense N Of Judgment and init
mating that the latter would be the course which the
Court in view Of the acta might feel bs It's duty to
take The jury without leaving thsr seats, consented
with appsiant reluctance, this verdict. and uuani.
mousy rt commended the prisoner the utmost lenency
me the foreman remarking that they thought
he had been punished enough already.
The prisoner was remsnded to prison, and will be
brought up for sentence Saturday, when, juggling
from the remarks of the ecorder and thu recommena
ton Of the jury Judgment will be suspended AMI the
pIuoner released.
Meeting Of the AlmshOnss Gsovornors.
RESIGNATION OF GOV. SIMEON DRAPER.
TIE Governors Of the Almshouse met yesterday after-
The members we're all present except Governors
Draper and Townsend. Governor Smith occupied the
chair.
Governor OLIVER read the following letter of resgna.
ton from Governor Draper
NEW York, March IA, 1856.
sR-I hereby resign my Offices Of Governor Of the As