The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-27
Court OF General Sessions.
RcfOra Hon JudCa Rnqrall

DcioIe uOn Judge fauSsell
Nov. 26--At the opening of the Court this morning
Samuel Sprince who convicted last week of receiy
ing stolen goods but who permitted 10 go on bail till
motion for new trial was argued placed at the
bar Counsel for the prisoner maintained that the verdict
Of the jury incorrect and not justified by the
evidence.
The City Judge said that the question before the Court
not whether the verdict given in that such
should ourselves have given Courts should rarely
take it upon themselves to decide the effect OF
dence for they 10 act they might with truth be
charged with usurping the privileges of the jury.
Sprince was then remanded TO the City Prison for
tence
Ellen AcNair, servant girl, against whom were
i've indictments for stealing the property of her en-
poyers pleaded guilty TO grand larceny and was sent TO
the penitentiary for tive years.
VIM. Muloy, guilty Of petit larceny was sent to Black
wells Island for three months.
As soon as the prisoners we're disposed Of
Charles Moore who jointly indicted with two young
men named Thompson and Fox, was placed on trial
charged with the murder of Danal ackpole at the River
House in Harlem the 18th OF November. 1885, On the
Oath Of February Of this year. Abraham Thompson was
tried for the Stocpoe before the Recorder
and convicted Of manslangher in the third degree
He sentenced to in the State prison for
three years and six months. Mr.. James T. Brady ap
peared counsel for Moore. jury empanneled in
short time and the trial proceeded with great exped
ton, Mr. Brady having made the following admission in
order TO consumption OF time in taking irrelevant
testimony Counsel for the defence admits that Daniel
Stackpole to his death on the 18th OF November,
1858 day ss. sha the Rvsr moass
which wound is correctly described by Dr. Donaghe,
the occasion Of visit the River House by the Fox Mus
keteers "a target company in which Moore, the accused
The witnesses for the prosecution told substantially
the same story, which was that N the afternoon axa
asked Coleman if he going TO march home with the
company, which he replied l will not" they then
went out soop, when Moore struck Coleman
who attempted strike him Moore returned and charged
Sackpole with striking him, whereupon ne tstackpole)
said go away from me- don't want TO have anything
and when Sackpole saw this he ran out into the yard,
followed by Moore they crossed the railroad track went
into the swamp and up the bank at which time Stack
pole stabbed in the back by Moore with sword fol-
lowed by a stab from Thompson who had bayonet;
Pc fell and S sac out me my GGa ana mms
datey removed to the station house, and ten minutes af
forwards died in q chair.
number of witnesses examined for the defence,
but the main facts Of the for the prosecution were
altered except that shown that Stackpoe
sauted Moore with club The court adjourned at four
O'Clock till this Saturday morning. when the summing
up will take place, and the Judge will charge the jury.
THE RIVER HOUSE TRAGEDY-CHARLEs MOORE
ACQUITTED.
Nov 26-When the Court was opened the trial Of
Charles Moore indicted for killing Daniel Stackpole,
Harlem was continued. The prosecuting officer called
number Witnesses chiefly residents Of the First ward
10 rebut the evidence of good character which the de-
ence introduced yesterday They testified that Moore
was fighting character and mad been engaged IN riots
Mr. Brady addressed the jury on behalf of Moore, and
is needless say that he made logical and eloquent
argument on the facts Of the Mr. Sedgwick replied
for the prosecution in clear and succnt manner after
which
Judge Russell proceeded TO deliver his charge, first
reading to them synopsis Of the leading points Of the
evidence Of all the witnesses, and then laying down the
law Of homicide in s3dferent grades His Honor said
that the prosecution establish the guilty intent Of the
accused beyond reasonable doubt clearly made out,
was their duty TO convict; but if on the contrary,
their minds vacillated it was their duty to acquit
II they satisfied that at the timo Thompson,
Fox and Moore pursued Stackpoe they had the
tent-the understanding to take his fe-hen the pri
sousr was guilty mansaughter in the fourth degree
The jury retired at quarter past one, and came into
court al half past three with dct of Not gulty'
John williams, alias McCombe and Henry Jacobs, alias
Harry Levy, who peady quilted to attempt at burglary
in the third degree each sent to the State prison for
two years and six months
Thomas Cheevers, who convicted Of assault aud
battery on Mrs. Carpenter sentecced to the city