The New York herald., 1868-01-09
POLICE INTELLIGENCE.

THE THIRD AVENUE HOMICIDE CASE REsUMEp.--Two new
witnesses yesterday produced before Justice Dodge
of the Jefferson Market Police Court, by Captain Cam
eron Of the Eighteenth precinct who professed be
present The night Of the alleged homicide OF Henry
wienenbach In Third avenue. The names OF the wit
nesses William X. Parker and Merit Parker, Of $50
Third avenue, both Of whom In the saloon when
the shooting took place. and testify to tho fact that tho
man whom tncy saw in the act OF cooking pistol
OF light complexion had light hair aud In general ap-
pearance bore strong resemblance to the prisoner,
Bennett alias cred Jack.n BY order of Justice Dodge
VIM. X Parker, Of the witnesses, broux down
stairs TO the prison, where number Of the prisoners
congrcgated together, ana he almost Immediately
pointed Bennett bearing striking resemblance TO
the man whom he the saloon with the pistol
the night In question but he would not positively say he
is the man. The barkeepor, Adoph Sioinwchc,
Rga submitted to an examination, but very few addi-
tlona facts In relation to the transaction elected
from him. There Is apparent reluctance part
OF this witness to tell all he knows In the affair Strange
are about In relation to the efforts made to crush
tue whole The further examination witnesses
will be continued to-day.
ARREST on A CHARGE or ALLEGED FoRGsaY-A ballad
singer, who exercises his vocal powers in Brooklyn
Gree and easy was arrested by an officer Of the Eighth
precinct charge OF forgery preferred against him by
Charles f. Clinton, OF No. $50 Broadway. Tho unfortu-
nate vocalst's is Frank KERN. The complainant
says that Kerrin and another went into his place
and had two drinks. for which kerrin offered In pay
payment what purporied to be a genuine $40
national bank note. but which Afterwards proved be
handed back the change in return, but shortly after,
ascertanng tie real character OF note no caused
the arrest Of kerrn. The other man had escaped
When the prisoner brought 20 the station house
another bill or the denomination found the
possession OF the accused He was conveyed before
Justice Dodge, OF The Jefferson Market Polco Court
yesterday and charge OF forgery, Ia accordance with
the above facts preferred against him. Kerrin says
that he gully that no received the notes from
the other man, whom lie does know, out who came
to this city from Washin gton His Honor heard the ex-
PLANTATION, but committed ts singer in default or 600
BAH.
FgIoHIous ASSAULT WITH A PIsroL.-Felix Murphy OF
40 Madison street. went before Justice Shandey The
Essex Market Police Court yesterday afternoon, and
deposed that man named Denis Fouhmey, whom he
had caused TO be arrested ard brought into court had
presented himself at the above named place. and draw
ing pistol, subsequently, found TO DO loaded with
powder and ball. threatened take his life would
probably have carried bis threat into had not
James Clark. OF AZ Catharne street, aud Andrew his
brother Of LOG Madison street, been present and inter-
posed his (deponent's) behalf. Tho magistrate In
default OF BAIL held Fcuhmey for examination.
| THE ALLEGED LARCENY AGAINST Mr. RoBERTsoS- Con-
PLANT DisMls. Ep-opsIoS Jusrica DowLNG In the
case OF Franklin N. Robertson, arrested weeks
ago the charge Of having the 18th day Of January
1885, stolen railroad bonds valued at 81 900 and 1924
| in Treasury notes, from Mr. Arthur Terry. now living
At the Ashburton House In Sixth avenue. Justice Dow
ling yesterday morning rendered decision dismssinG
| tho complaint. Below will be found set forth the
grounds upon which the magistrate decided TO release
Mr.. Robertson from the charge made against him by
| MIR. Terry.
The complaint should be dismissed and tho magistrate
| announcer such determination Tor the following
reesons.-lt Ia rule VI law that when Q complainant
himself s in fault his testimony should be rgidly iu-
| spected and " Is at All approaches pafo dclietc
| case should be rejected. People Stetson II
therefore, tho complainant really believed at the
outset the prisoner to be guilty his after conduct in
negotiating with the prisoner so inilres his testimony
that the magistrate should reject H. But tho may
be dismissed on grounds favorable to tue
| plainant He could not good citizen, have cup.
posed. WREN he so negotiated with the prisoner that
| the latter really tho thief, and this present
charge must have been afterthought based
ton vague suspcion there littlo elso than
pcion against the prisoner f plansnts testimony
be roceiyed and certainly probable to believe
him guilty the prisoner has in sofue respects acted
fooshy, but not gulltlv. Many innocent men. com
pcaied by appearances have Ia tho experience Of the
criminal Jaw, paid hush money. Tho long lapse OF time
smost w 10 the statute Of limitation, during which. II
guilty PRISONER might have arranged with the complan
ant or abieu'cd hmsof permanently, Is also coEs1sra
! ton against tho complainant.