The New York herald., 1868-06-11
COURT OF GENERAL SESSIONS.
Before Recorder Hackett.

bCioiC hcCoiuCt uoChSbt.
THE CASE OF EDMUND FRANK-DIsAGREEMESr OF
As soon as the regular business Of this court yes
terday was disposed OF the jury In the case Of Ed
mund Frank, tried for alleged false pretences, were
directed to come into court. The foreman stated
that they had not agreed upon a verdict.
The Recorder observed that inasmuch as the trial
had occupied several days. and as there were other
charges against the accused 1t was important that
they should arrive ut conclusion in the matter.
The foreman said that there was no possibility OF
their agreeing and ne was sick and unable to endure
further confinement. His Honor, In view OF those
circumstances discharged the jury from the further
consideration OF the case The prisoner was re-
admission Of Frank to bail tomorrow morning,
when District Attorney Hall will be present to repre-
Assistant District Attorney Bedford conducted the
prosecution Of the cases on the calendar.
John Allen pleaded guilty to an attempt at grand
larceny, he having been charged with stealing
watch from John Van Dolphin on the 25th Of May.
He was sent to the State prison for three years and
Blk months
w ALLEGED WIFE MURDER.
John Pendar, who was indicted for the murder OF
his wife, Margaret Pendar, on the Goth OF February,
pleaded guilty to mansaughter In the third degree,
eX-Judge Stuart having advised him to 90 so. The
only witness to the occurrence was the son OF the
incompetent to testify Mr. Bedford and the Recorder
consented to take the above plea. 1t appeared from
the statement OF the boy that his mother used to get
drunk and on the day Of the occurrence she was
very drunk; that the father asked her for $40 which
she took from his coat pocket whereupOn difficulty
ensued, he beating and kicking her In q cruel man.
ner. lie pulled her from the back room into the
front roOD and then chOked her till she died. Aman
named Fitzgerald came In and pronounced her dead,
after which the accused commenced to cry and Went
for doctor. IL Is supposed her death was materially
fastened by her Incorporate habits.
MANSLAUGHTER.
John O'Shea pleaded guilty to manslaughter in the
fourth degree, the Indictment charging him with
having the 21st OF March caused the death OF VIM.
McCunin by stabbing him in the abdomen with a
chiseI From the testimony taken by the Coroner 1t
would appear that the deceased was the brother OF
the prisoners wife and had been boarding at their
house; that on the day In question he demanded his
trunk, which she refused TO give until he had paid
his board. A fierce quarrel ensued between him and
his sster-the deceased being under the influence 0f
liquor-iurng the progress OF which O'Shea, who ID
carpenter, entered the room. He succeeded in
and SO enraged that he broke in the door. The
prisoner was successful In putting him out again,
and then locked the door. While In the act Of
putting In the panels Of the door McCunn burst 1t
again and renewed the attack While the seufe
was going on O'Shea stabbed him with chisel, in
ncting fatal wound. The deceased, In his ante
mortem examination at the hospital, his sister and
unite in affirming that O'Shca had q good repu-
taiOn for peaceabeness and that II he had gone TO
trial the jury would have acquitted him. He, how
ever preferred to offer the minor plea ana leave the
case to the decision Of the Recorder.
His Honor took the papers in both cases and stated
that he would sentence the prisoners during the
term.
Henry Starr and Sarah Brandon pleaded guilty to
attempt at grand larceny in stealing $40 worth OF
carpets on the 9th OF May, the property OF Jacob
Dodge They were each sent to the Penitentiary for
six months