The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-12
Court or General Sessions.
Before Recorder Barnard.

Before Recorder Barnard.
MOTION 10 DIecHARdE THE aECoGNIzANCEs OF THos.
". CARR.
Ocr 1.-The court crowded 10 It's utmost
tent this morning. it expected that william Null
gan would be tried for alleged assault battery upon
James f. Warner
Before the care was called on, Mr. Whiting rose and
said that few months ago indictment for libel was
found aganst Thomas N Carr, which tried the jury
failing to agree upon verdict lie moved for the dis
charge Of the recognznce nc supposed the District
Attorney would not call on again, although he did Mr.
Mr. Sedgwick the Assistant District Attorney observed
that be did not see objection that could be made u
the notion He would like, however, 70 have Mr.. Whiting
postpone his motion until Saturday matter OF courte
~ TO the gentleman who appeared counsel tor the
secuton on that occasion.
Ihe Recorder stated that he satisfied conviction
could take place in this case and should be tried
again there would be verdict in favor OF tho people
and judging from the evidence under circumstances
couid ne be convicted lie recommended Mr. Whiting,
however to delay the motion till Saturday when would
probably be granted.
THE CASE Of wM. MuLLIGAS.
Wm. Euigan then called TO the bar having been
indicted for assault and battery JAS r. Warner, in
Broadway.
Ex Judge Phillips read written plea, questioning the
jurisdiction of this Court 70 try mi-demeanor, this
plant having been sent from the Special SESSIONS.
The Recorder overrued the motion, stating that counsel
could Just as we'll be heard that plea motion
Of judgment he could His Honor said
that the defendant had been deyng the laws last
two years and that il right and proper that maGis
rae who had the manlncss and independence step
ward 10 do his duty should bring the for trial
The defendant had previously made several applications
and they had always been granted The Court gave notice
last Monday that the would b. positively tried
day. so that jury must be empannelled.
Mr.. Philips Mr.. Blunt and tho Assistant District Attor
ney took part in desnltory debate, which counsel for
the defendant maintained that his client the victim If
prosecutions 70 which Mr. Blunt replied that he
acquainted with Mr. Mugan, and only desirons that
the ends OF justice might be met by the speedy trial Of
the Indictment while the Recorder said that lie had nothing
TO do with tue press and matter Of little impor
tance to him.
After the waste Of considerable time the cas-. was put
of till Tuesday morning in consequence OF the absence
Of material witness for the defence when hs Honor said
II would be positively tried
The Grand jury into court and presented large
batch OF indictments 10 which the defendants pleaded
not guilty ON their arragnncnt and reinandcd Tor
trial.
number OF put the calendar were postponed
fer various account Of the absence of
witnesses and others by reason Of the nonappeaaucc Of
COUNCIL.
Hugh Sherlock pleaded guilty assault battery
and was remanded Till Saturday for sentence.
VIM Smith indicted for forgery the second degree
pleaded guilty the fourth grade that offence and
sent 70 the state prison for two years.
Frederick Cronbe pleaded guilty TO pvtt larceny, aud
lepiandcd for sentence.
an motion Of Mr.. Sedgwick, Hugh barrow young man
placed at the bar 10 receive sentence charge OF
hcmicde
The Recorder passing sentence observed that tho
prisoner time ago pleaded guilty to mansaugh;cr in
the fourth degree, IN causing the death Of rrson and
through the inertoson oi influential friends and
promise of good behaviour in future, Judgment
pended. Shortly after TINT barrow arrested for
saulting Ninth ward officer ami sent 20 the pentcn
tary Tor SIX months by his Honor. Since then he had
been arrested for larceny and assault and battery that
there chance tor him. The Court sentenced
him to two years Imprisonment IN tho state prison.
am Hughes was acquitted of a charge OF feonously
receiving 500 worth c clothing after which The Court al
lourned.