The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-21
Court OF General Scssl0ns.
MANSLAU0HTHE-BUR0LAR Y-HIGHwAY ROsBERY
GARRoTERs SENTENCED, ETC., ErC.
GRAND LARCENY.

NEUTRALITY-SUSPICIOUS. ROsBERY-
GARRoTERs SENTENCED, ETC., ETC.
Before Judge Russell
LARCENY.
Nov. 20.-The first case that tried this morning
charge OF grand larceny, preferred against Samuel
Doyle who formerly porter in the employ OF L. o.
Wilson 4 Co. twas alleged, on search of his houge
that he purloincd pieces of muslin and popn from the
of his employers but the two pieces found worth
$26 sufficiently identified by the clerks and the
jury acquitted the accused Judge Russell said that on
that verdict he was entitled TO the property which had
been taken from him and deposited wihthe property
clerk granted order TO that effect Doyle left the
Court in company with his wife, who appeared 10 be
very respectable woman. Some time since Doyle was
tried and acquitted of burglary, l.. 0. Wilson Co.
charging him with breaking into their store and stealing
BURGLARY IN THE FIRST DEGREE
James Beglan indicted for burglary in the first degree
in breaking the dwelling house of Heronymus He
rold No 1876 avenue A, on the night Of the 9th Of last
July was then placed at the bar Mr.. Sedgwck the As
ssant District Attorney informed the Court that he
would take plea Of guilty Of burglary in the
second degree and at the time handed the papers
10 Judge RUSSELL who examined them subjoned is the
afidavits in the case
Heironymus Herod residing at 1s6 A, deposed
that the 9th of July his store and dwelling house was
orcby and eonousy broken open and entered by some
person. and quantity of leather, worth S. was stolen
hererom that he has good cause TO suspect James Beg
lam for the above night his wife awoke him and told
him thai person was in the store deponent got up
took his revolver and down stairs and heard
person in the store dcponent hallooed "Who is
here? whereup0n person rushed out of the store into
he entry and ran out through the hall another
then to the door, when deponent fred his pistol at
him. when he fell back and went TO the front door of the
store and it, deponcnt went to the entry door
and stood there and when he out dcponcnt shot at
him again he and deponent followed him around the
Fourteenth street when Began turned round and
shot at him deponen then went back to his store and on
examining found quantity Of blood the glass Of the
front door together withwo pieces of bone one appear
ing to be piece of jaw bone and the other part Of
tooth; deponent was informed by Dr. Powell two days
after that he had dressed wound for by the name
of James Beean, who had been shot in the jaw and
mouth and that he had taken several pieces OF bone from
his Jaw and mouth.
Dr. Powell of No 154 Second avenue, deposed that he
was physician and resides at the above number, and
that about the 9th Of July last he called to
Eighth street, the First avenue, between and
O'Clock in the morning. that on arriving at the place he
found Dr. Alexander b. Mott there before him, who
examining a who had been wounded in the right
jaw the wound appeared TO be gunsho wound; the ball
had entered the chin and the teeth three of the
teeth had been destroyed deponen did not attend to him
as Dr. Mott had arrived first.
James Began, being examined according to law
said that he born in the city Of New York. was I'M
married. twenty years DID, lived in First avenue, and was
when the City Judge had finished reading the depos
tons ne remarked in sentencing the prisoner that the
papers exhibited very clear case Of guilt against him.
and had he been tried that charge convicted he
could have been sent TO the State prison for the term of
E S s srv a saS nG m
for assault with intent to kill against Beg
Ian also, and had he been convicted Of that
offence, tho Judge sale he would have felt
it incumbent upon him to pass very severe sentence
He sentenced him TO nine years and six months imprson
in the State prison Began appeared to be 'Dead
Rabbit and universally regretted that he was not
tried the charge Of burglary in the first degree in order
that Judge Russell could have disposed Of him for several
years As II was he gave him the extent Of the law 1t
is said that the Rabbits who wantonly attacked Dr. A.
Mott the of Seventh street and Second
nue. early this mornng-the particulars Of which will be
found in another coumn-are confederates of egan and
that DR. Mott witness against him in this charge
o. @ 81 m o. Mote asO
tending at the Court of Sessions Fortunately the ruans
who attempted assassnate him did not succeed in their
villanous design.
MANUFACTURER
Owen Herman an old man, tried for mansaughser
inshc third degree, in ing the death Of James Mc-r
mot by cart ruDg the Goth of October. II seemed
from the evidence that the defendant and the deceased met
in grocery store when difficulty first occurred between
the deceasedland another in which knife was drawn
after which words ensued between the deceased and Ker
they cnched and Afterwards went out Herman first
and the deceased following Immediately Shortly after
when they under the awning they had hard words
and the deceased walked of fifteen twenty feet when
Herman up 10 him and struck him with rung
He taken 10 the Bellevue Hospital and died the next
day The physician who attended him swore that Mccr
mot struck on the head with blunt instrument, and
died from conclusion Of the brain
The defence proved that Herman was very peaceable
and well disposed man when sober but the habit
of taking little drop too much.
The jury after half hours consultation rendered
verdict Of guilty Of mansaughter in the fourth degree
He will be sentenced to morrow which is the last of
the term.
HIGHWAY ROBBERY.
John Carroll, jointly indicted with Jamcs McQuinncy
and William Brow n, for garrotng French cook, named
John Framework, the Goth of October and stealing
$50 gold CON- next put trial II will be remem
bcred that McQunney tried aud convicted the other
day and sent 90 the State for fourteen and
SIX months The complainant repeated his story stating
that the day in question he paid OF by his
captain in bills, which he got exchanged at a
bakers in South street He visited the Chatham
street theatre the evening, and leaving
cd by the prisoners who garroed him and distracted his
money from his pocket He fought desperately, and in
forming officer OF what had happened visited number
OF dens in the Five Points company with him. After
digcnt search they found the accused who were post
lively identified by Mr. Framework a. the parties who
robbed him. They were arrested on the spot and com
mted by the magistrate.
Mr. larrowe counsel for Carroll called man named
Mankc to establish an abb. lie testified that he kept
grocery the Points and that he in his store
a the night but the jury did not credit his testimony
and after consulting for few moments rendered averdct
A. soon ~ the verdict was rendered Brown pleaded
dreaded Judge whose characteristics seem 10 be well
understood at the POINTS," would be lenient
him.
The Clerk then arragnod Carroll and Brown who we're
asked the usual questions Carroll SAID he had been a
blacksmith and Brown worked at carpenterng on being
asked why the sentence which the law imposed should
not be passed they commenced roaring and yelling "
they wore couple Of mad bulls Brown said that all
this had been done by the police officer, because he
own) promised 10 give linn money and failed IN do
so the otncor told him that he gave him money he
would speak good word for him 70 Justice Connolly the
Tomhs. ." innocent of this" said Brown "as the
Judge on the bench" $50 help me, God, am innocent
too" reared Carroll II am innoccn, child, Tor
was working for the man who testified that was in his
store"
Judge Russell, In passing sentence, said:-Carrol
there Is nothing in your history 10 make change my
mind what ought TO be DC should pursue in
reference your disposal Yong previous character is
very bad and must Impose similar sentence 10 the
inflicted upon McQuinney which fourteen years and
five months and that Is the sentence Of the Court your
case.
He addressed Brown thus-Brown, You the worst
of the three and had you put US 20 the trouble o trial.
should send you sing sing for thirty years but
much you have pleaded guilty, Will not he very
with ynu. think the sentence which am about IN
impose viii be sufficient punishment 10 YOU When YOU
get out endcavor 20 become honest citizen Tho scn
ence of the Court II that you be imprisoned In the state
prison for fourteen years and I've months.
Framework, who had been detained IN prison wit.
ness, allowed f25 for the time he was detained 10
the ends u justice.
A fTnNAMAv.
An Indictment for robbery found against Chinaman
named Hoe, the complaint of Gascn Hing, also China
man who depcsed that the night of the 9Th Of Novem