New-York tribune., 1867-02-08
CRIMINAL COURTS.
COURT OF OYER AND TERMINER.
Before Judge lngrahaIn.
sUPRFlIR COURT-CIRCUl


ANIGNSILUGRTER CASE-C ARELESSNESS CRIME
The two prisoners Matthew Clonahan and William Cor
DON Jointly indicted for manslaughter received tila
yesterday Their crime was the causing OF death, ~
directly through careleSsesS stupidity, and not Dy
design The circumstances OF this unusual criminal case
On the 9Th Of last November the two prisoners were
directed by Thomas Foster to dump Eeg OF damaged
unpowder which lying I'm his coal office in Second
weighed about twenty pounds IN coal cOaI with the
purpose of taking where they were tOd tOi Du III pass
ing through Thry-seventhst between First and Second
Rves il became stTewed and thrown along on the pave
Inent in lupPs one OF which was picked up Ry ooy VINO
which some Of his companions had made, ana around
winch they sitting. An explosion occurred which
resulted in the death Of Otto Forth aged years and the
injury OF his brother and two other boys AT he
Coroners inquison, subsequently held, verdict was
found that the explosion occurred through the add
culpable negligence of Matthew Monahan william Good
man. and Th0e FOSTER but the Grand jury only brought
indictment against two Of the persons named not
considering Nr Foster sufficiently 10 blame to maze nm
responsible f the act Al the trial yesterday the iTt
witness for the prosecution (which was conducted by MI
Hal and Mr SedioId was ltuIOlRn fof1, MI1 oseu -
70 the death OF one OF ms sons ana tle o ,
on the 9Th OF November, 1866 John Leyins was then
called prove that after the explosion he went to the
place and boy handed him a lump of powder as large
hand, and said it the same as that which eX
along the street Thomas Foster established the
fact that he instructed the prisoners to throw
appear, however that he gave them any particular
caution about x An the o2n 6o S 81 % o1bSs eTe fe Ta
salt Of burning der The The PosG1o9 P 10 pTsSe % @
two prisoners taken at the Coroners inquson before
they had been held accountable for the explosion which
made their evidence proper and valid. .
Matthew MOIuhan testifies that Gordon and himself
scattered the powder In the street after the tin can con
Saining had broken open Gordon, lie states made the
proposition Let's sell IL, and make gin out Of t
boy named Maxwell aged 10 wears, was placed on the
stand by the prosecution who Intended TO show that he
picked up piece OF the powder which the prisoners
dropped and threw 10 into the fire. This important
A evidence and h. completed the for the prosecu
ton The boy however, not considered competent
witness by the Court he did not understand the defn
OF oath. AS lit was the prisoners were promptly
acquitted.
ACQUITTED on A CHARGE OF RoBBERY.-Carkson H.
VOORHEES, alias Legs" arraigned on the charge Of
robbery the first degree because he could not be fully
identified. His complainant was John H. Higgins, who
was assaulted and ROBBED Of a bag containing paper
money 10 the amount OF 6l8e, which In his custody
passing through West Forty thrds on the ls
Of May. Two men were engagedn the robbery, one or
whom sat In butchers cart IN which they drove away
after obtaining money. Both escaped 10 the time but
voorhees, was arrested By the police the 2h Of July
on information given by the complainant. who was posi-
tive nidentifyng HIN as one Of the robbers Two Ie
male witnesses la the who relied on 70 prove
the identity OF the prisoner beyond doubt failed TO do
So Eliza Vttle not positive when she gave her tes
tmeny, and Isabella Nary the other witness did not ap
pear in Court The prisoner owing 20 this hack Of proof
OF identity, escaped conviction. He has already served
Cne torn in state Prison.
CALESDIR TO-DAY.-Charles W. Davis, Annie Jones'
John ughcs Mary German and Mary Ann Burns grand
larceny; George T. Holmes petit larceny; Daniel Sullivan
and {. Crayie burglary third degree James Lamb and
John Kelly f., felony, assault and battery; Robert Rich
ards robbery first degree: James DOugherty, Michael
Hughes, owen Whitney and Michael Mouah2n, homicide