The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-21
Court OF General Sessions.

A STATE PRISON CONVICT CHARGED WITH AN AS.
sAULr, WITH INTENT TO ROB BROKERS' CLERK
AN INTERESTING QUESTION OF IpRNrITY-AC.
QUITTAL OF THE PRISONER.
JUNE 20-Thomas sutton alias Thomas Mccoy, charged
with assault, with intent to rob, placed trial
he having tried convicted In this court In Sep
tember 1855 for burglary and sentenced to Eve years.
Imprisonment in the State Prison by Judge Russell.
The principal witness for the prosecution was
a youth named Edward p. Waite clerk
employ ed by Josiah s. Colgate broker dong business
mNo 1l6 South street, who swore that the 18th OF
March no down to the ofice at half-past eight
oclock went to she safe and took out box containing
aud laid the counter at that time three meu
came mono stood by the door and tho other two oppo-
site to the wit One asked him II bill was good,
aud while he was looking at he thought tho prisoner
struck him with sandbag (The weapon exhibited
window broke IT, and then he turned whether tho
prisoner still there watching him be baoed for help
tho cash box, which contained Treasury notes
OF various denominations, amounting 70 be.
could not have the box without leaning over,
be could IL from the street; the sand bag found
afterwards At the SUI OF the door By policeman, who
Mr.. spencer. associated with Recorder Smith sub
ccted the youth TO lengthy and rigid examination
lie testified that he looked at the OF the
until ne broke the window he could describe either
OF the the prisoner was not the who handed
him the bill he only glanced for second at the prisoner
about week afterwards an officer came TO him fos
q description Of the man who struckEshim when
he tthe witness) told him he cold not, for the
glance was 100 brief TO describe him; the wit
ness thought the officer told him he had got
OF the men that struck him in the station honse;
that he was bad and a thief; the witness was
brought into the captains room, and the prisoner
soon after taken from the coll but the accused was not
put with other as TO pick him out Witness asked
the officer he s"young looking fellewr apd "hard
looking man." wbereupon no said yes; be thought tho
three men wore young about twenty twenty years
old; the witness talked with Captain Jourdan who SAID
that he confident the prisoner was the man. Tho
put some questions said he thought he could not be mis-
token as TO the identity Of the prisoner. Mr.. spencer
It is impossible for you to be mistaken by seeing man
only once in your life, aud then only for secondf A.
No, 81, ! dom. mean to swear any such thing.
tho prisoner was convicted OF burglary tho 25th Of
september 1885, and seat 10 the State Prison Tor ave
The counsel made technical objection to the admits.
~ the record which overrued by the Court
TO which exception taken. officer McJouga iden-
tilted the accused the who was convicted In the
General Sessions In 1858.
The defence proved by Mrs. Margaret Marion esidlng
now at l6l West broadway but on The 18th q March she
lived at 900 Canal streehat the prisoner called her
on the LIST or "a OF March. with a. message from her
brother IN Cincinnati; the next time sfe him
the morning Of The 18th Of March he at eight and
remained untI nine O'clock on tho Saturday foowiga
young man. representing himself ~ be the brother OF the
prisoner called upon her aud asked her she remember
ed the occasion Of bis brother being there.
MIR. Hutchings tho Aspstant District Attorney, sub
ected the witness 10 searching cross exam She
was positive as " the time when prisoner came ON
Saturday, the 18th of March.
Joseph sullivan, brother TO the accused testified that
when he read OF the arrest IN the paper and at the re-
quest O his brother he went 70 the place u the last Wit
ness, 3e6 Canal street. ssso sa I.
After the case was surnmcds up by counsel on both
sides and the Court had charged the jury they retired
deliberate upon their verdict the expiration Of
an hour they returned with verdict of 'Not guilty
The prisoner was dischnseed. 4.
Elton stewart woman Of the town. who was charged
with stealing fifty dollars from Charles Tavis. al house
corner or 0ver add Cherry streets, tho 18th u May.
pleaded guilty Of petit larceny. she wss ant to tue
PenMentiarv for Elk montha