The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-04
COURT or SPECIAL SESSIONS.

The calendar OF yesterday the Court Of Special
SONS was very large, numbering in all hf'ytwo cases
bns the great majority Of them presented points Of
special interest As usual petit arcen'es and assaults
and batteries made up the larger propoon Of tho
plants and the prisoners in these for the
most part convicted and given compulsory residence
on "the Island" for terms varying from TO four
montbs
RAISING A QUESTION
An important question rnsed in the court yes.
terday, by counsel for the defence, where Pat
rick Farley and Samuel HARRINGTON were defendants
The charge against these parties assault and battery
upon Cornelius Driscoll, the complaint specifying
that the said prscoll was very badly beaten,
coming out OF the scrimmage with bruised limbs
but the Court Justice Kelly held that the prisoners had
made their election before the committing magistrate
be tried Special Sessions. where there jury and
that he could not 20 behind the committing papers, To
this counsel assumed that the socaed eleciion''
prisoners, when committed for trial. farce; that
the document pretending to slate such election Was
mere printed form never read by accused nor is IL
explained 10 him which he s ordered TO sign when COM
med for trial, and that in nine cases out OF ten he
signs IL 10 perfect ignorance OF It's purpor and meaning
The ht OF trial by jury he conended was sacred
one Of which prisoner could be deprived; aud he
raised the question merely TO make test in this
regard, which he should pursue In higher court to
practical solution. The Court overrued tho notion and
counsel took exception. The testimony in the
was then given. the prisoners were found guilty and
remanded for sentence.
RUrrIAxIY AND ATTEMPTED OUTRAGE.
Some days since the HERALD gave the particulars
gardng an outrageous assault committed on Patrick
Duffy and his wife Jane, while they passengers
from Newburg this city board the night steamer
Susquehanna The parties assaulting were Thomas and
Edward RYAN, deck hands the steamer, who only
separated Mr.. Duffy and his wife, but attempted out
rago the person OF the latter and threatened TO hang the
formerhavinr in their possession at the time rope
with slip moose end OF IT, Two complaints
were made against the prisoners, one by Mr.. D. and
another by his wife. They were found guilty each,
and renanded for sentence.
SINGULAR CONVICTION.
Stephen l. Tinslee. captain Of towboat, brought
up . charge Of having voloed the health law. The
allegation that he had allowed butchers ona TO be
had in tow. The testimony, however, hardly JUS
tilted this charge II appeared that Mr. Tinslee
was not on the barge at ALL but his steam
tuqboat that this boat about seventy1ve feet in
advance Of the barge, which IL was towing by hawse
Mr. 1nsiee by TO give directions
20 the the barge, nor was he, judging from the
evidence. cognzant OF their actions He engaged
the barge outside the Narrows where the DIAL
be thrown overheard its being thrown in either river be-
ing prohibited by but 1t appears that the bargemen
being unwilling 70 proceed far out az the Narrows
took occasion 10 dispose OF their cargo in the harbor
Thereupon one OF the police took . small boat
rowed out 10 the steamer and instead Of aTestng
OF the parties who had really violated the law arrested
Mr. Tinslee who declared that he knew nothing what
ever OF the transaction having been in his pilot house
al the time when IL being DONE To the astonsn
ment Of every one, Justice Kelly found Mr.. Tinslee
guilty, sentenced him to the Pcnitentiary for two
months, and, IN addition, End him fifty dollars