The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-04
Court OF oyer and rerminer.


FEB. 3.7he Ticket Ssrindting Cdse.--John Gilbert, the
clerk and interpreter at Frank Fowlers ooc and who
pleaded guilty the charge OF obtaining money under
false pretences was sentenced TO three months mprson
vcted the principal has been already sentenced to two
years and six months imprisonment ia the State prison.
Noue prosequffhe District Attorney moved 70 enter
nole Pros in the OF Mccarthy indicted, With others,
FOR the murder Of Patrick Cosgrove he proposed 70
use him as witness. Notion granted 800
The Grand Jury came into court aud rendered num-
Der Of bills Of Indictment several Of which against
Lane the defauler the Fulton Bank one against Henry
Lauehnane for the mansaughter OF Timothy Molchahy
and others for various offences. The Grand Jury not
having completed their business, again retired.
CHARGE OF MASsL AUGHrKR.
The case Of W. p Maynard for the manslaushtcr OK
man named ]. W. Zilkios was resumed. From the cyl
first in Tenth avenue Forty third street. and folio we'd
him and stripped for dght the prisoner hit the deceased
the side Of the head ana being heavy man, deceased
fell with great force In The street, causing fracture OF the
bead which turned to notification and in three days he
died.
Counsel for the defence summed up for the prisoner
and the District Attorney for the prosecution.
The Judge in charging the jury said that there was no
question but TIA, Tie s % struck the % and
meLt nom which resulted the fracture and the death Of
Hkns The only question in the opinion Of the Court for
the Jury was, whether the blow was excus,bc. II
might be 1t appeared that was the only blow the
prisoner had given the deceased. Without doubt the de-
ceased made the rs attack and that the prisoner then
had the right to cpei by force even 50 as TO kill his
salant be could escape ky no other means Bat oih,r
had nterposed and separated the prisoner and
the deceased and when parties 10 ARRAY leave, it
is their duty TO DO so but should the man who
sailed In the arst aght IT, he then becomes the as
eaiant, and must be held as responsible wnen MAJ
@saied IL IS his duty 10 evade injury be can, and
when parted Ia his duty to eyade njuring the other
party and certainly Is his duty not TO renew the
fct II they he jury should find the prisoner guilty,
their verdict should be either granddaughter Ia the third
or fourth degree.
Counsel for the prisoner suggested that the prisoner
good character should be taken into consideration
Judge ingrabanl-I have only TO that OF good
character and men OF the highest moral character oen
indulge Ia the excitement OF personal ARRAY, when heat
ed BY passion or In passionate moments Men Of the best
character will fight when assaulted and when their per-
sons are put in danger. Aud even among gentlemen
there instances Of these ARRAYS public bodies
ana these occurrences may probably take place in the
halls OF Congress cannot therefore, say, gentlemen,
that good character il any to charge of this
kind You must take the facts and testimony given before
you into consideration, and to definite determs.
nation. ME hHtfn
The Jury then RETIRED and after about three hours de-
liberation brought 10 verdict OF not guilty. .
There was applause In Court which w0s immediasely
suppressed by the officers ~ w1 IA
The Judge after thanking The Jury for their assiduty,
addressed the prisoner telling him that be discharged,
and expressed that for the future, " he ever found
himself In q similar position he would leave IL.
The Court adjourned TO eleven Saturday morning