The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-12

| told thatIo hn he
Mr. Relel being sworn. testified that he resides at lao
Fssev street had known Hagan about eleven mopths
lived in tie same house with him MS character ma
say about past -four O'Clock; his business was car
man Hagan out about FIVE O'Clock, passing witness
cross examined Prisoner did not tell him where he
was going; had seen him good deal on Sundays and
Michael Hagan being sworn, testified that he lived at
21s West Twenty street. not 10 business pre-
sent nsS H aeen lo' in yea,s Guuer na
nephew OF witness Hagans father had been dead about
fifteen years had been cattle dealer; witness had
watched over the bringing OF the prisoner and had
rally heard good character OF him from his mother he
was very steady boy witness went TO the riot
| the Bulls Head Hotel; went there out Of curiosity
Cross.examined-Went out during the first day Of the
riot had not seen his nephew for months before II
might have been twelve mouths since he mad seen him
before he heard he was arrested
Miss Hagan was recalled, and testified that her brother
had always been in the habit Of carrying portemonnas
or pocketbook.
| This closed the evidence for the defence.
ExJudge Beebe then summed up for the defence stat
Ing that he believed he had done all he promised and
proved all he had stated opening the The witness
who testified the fact OF the pocketbooks being chang
ed had been standing within three feet OF the place where
the took place. Counsel thought the tesmo
ny Of Mr.. Seares much more improbable than that Of
Higgins who said had evidently thought that know
ledge concealed was the kind Of knowledge; which
was bis reason FOR never divugng what he knew about
The Attorney IN summing IN ny for he
tion said was only for the sympathy which had been
thrown into the oy the learned counsel the other
side that he deemed his duty TO address them what
he conceived TO be their duty to the public In this matter
Had he chosen TO exclude almost the whole evidence
which had been offered for the Defence he knew that the
Recorder the BENCH his ex judicial adversary
other side, and all the legal gentlemen around him,
would have supported him In such course. This
might have been like many others where the prs
oner carrd away by the ntoxcaton Of the hour sleeps
en s @
gins and averred that the whole affair had air OF
magic about IL His learned friend the other side had
told them that spiritual mediums must have had some
thing TO do with It, but they he thought simply TO
look at the facts and form from them logical,
sense conclusion. The evidence Of Higgins he
characterized the most extraordinary he had
ever heard OF in his life, and concluded by say
ing tnat the case rested mainly on the amount
belief which the jury might attach the testimony Of
Higgins and OF Mr. Searles that Of Higgins contained but
small modcum Of evidence strongly tinctured with that
most holy and dangerous sentnent-sympathy. The
evidence OF MI Seares, he thought, was Of strong cir
cumstantial nature and could not be gainsayed.
The Recorder IN hts charge To the jury said that
purely question Of and there but little occasion
FOR him say much to them He then gave narrative
stated that the evidently rested the degree OF
credence they might attach TO the testimony Of Mr..
The Jury without eavinA their seats returned YER.
dict Of guilty. when the Recorder remanded the prisoner
confederate, Patrick Sher0n will also be sentenced
TIE GRAND JURY.
At this time the Grand Jury into court and pre-
scented fifty additional indictments against parties who
alleged to have taken part in the late riots II has
been deemed prudent to withhold for the present the
names Of those against whom indictments have been
found.
the following preamble and resolution also handed
In by the Grand Jury
vestgaton into the Of the late riots in the city OF
New York should be made and the instigators Of the
same brought TO justice, therefore,
Resolved, That such investigation is not entered upon by
Grand jury account of the short term Of the pre-
stood that such investigation better be upon
when fuller inquiEes have been made.
such to Be made az soon a. y can
be done with prospect OF success
GEORGE H. FRANKLIN, Secretary, pro tenn.
Tho Recorder asked the District Attorney whether he
had objection 70 the Grand Jury being discharged
The District Attorney rose and said he saw no reason
why his Honor should noty grant the request Of tho
Grand Jury, but before that was done he wish.
ed to say that he thought the thanks OF the
public very peculiarly due TO them for the attention
they had given 10 the public business during their SEES
sion The foreman and others had come down town at
early hour every morning 70 transact their official
very uncomfortable in winter and much more so IL sum
meg, during the heated term. They had labored more
hours during this hot weather than it was usual with
ro his assistant had been with them during tho whole
time and he could the Court the Grand Jury
given every attention 10 the important public business
which had been entrusted TO them
The Recorder then said he had expected they would
ask to be discharged SOON but be believed the object
| for which they had been empannelled accom-.
pshed II bad got to be matter Of custom to address
| abors. Tho present occasion he felt to be
special one week ago he charged them, and
to discharge them after they had presented somewhere
10 the neghb0rh0od Of hundred indictments Enough
had been dsos and you'd Be DONE ne hoped TO let trait
10 take cognzance Of punish those who had any
connection with participated in rotous other
full proceedings He had read their resolution in regard to
investigating the origin or the riots and agreed with
them that would be better to postpone short time
any investigation their After thanking them
for TO the public business This Honor dis.
charged them from further attendance.
THE ROBBERY OF BROOKS CLOTHING STORE.
liam Ac( artV W emu ~
grand larceny. on an indictment which charged
brought up for sentence. the Recorder said that
after making many inquiries about him he had been
able 70 discover anything which justified him In being
all onnt. He should sentence him TO the States Prison
| for Two years and two months.
| ASSAULT AND BATTERY.
Patrick Monahan who pleaded guilty OF an assault and
battery Mr. W. W. Boomer when brought up for
was told by e Recorder that no had learned his
that he had been led into his present position by the In
oxcaon Of the hour, he should only sentence him 10
the Penitentiary for three months.
| CASE OF RIOT.
| Theodore Osterstock, convicted OF riot ndict
sackins Of boot and shoe store in street was
| thon brought for sentence. Tho Recorder said no
thought likely that the witness who testified 70 having
| seen the prisoner from second story window while
standing the sidewalk might have been mstaken and
no had learned that prisoners previous character had
| for three months.
| PLEA OF ASSAULT AND BATTERY.
Jury was then sworn 70 try Mchne McCab0, an irish
aborer twenty six years of who indicted for
robbery In the first degree II charged that the prisoner
another man, the 18th day Of July the
grocery OF Alexander Mitchell the corner OF One
Hundred and Twenty fifth street aud Third avenue
that McCabe demanded forty dollars from Mitchell,
| which Mitchell refused 10 give, McCabe then called
Mitchell n R bitch and pointed a cheese knife at
him. After some further conversation McCabe left the
store having received fifty cents each from Mitchell and
| his brother on leaving McCebc said there would be
burning round there thai night Mccabs,s counsel
offered put In plea Of assault and battery which
accepted by the Court and tho prisoner remanded
| for sentence.
The case OF John McAlister, James Lamb and H. Can
field indioed for the murder OF the negro In Garrison
street. was sent 10 the Court Of Oyer and Tormner.
| similar disposition made OF the case OF John
Mitchell and William Ryder, indicted for burglary and
1 roE
The Court then adjourned until Wednesday morning at
| ten O'Clock.
| The Claims Against the city.