The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-01
CRiiIE IN WESTCHESTER.


Westchester County Court of Oyer and Ter
miner.
Yesterday morning the Westchester county Court
OF Oyer and Terminer, sitting at White Plains CON-
menced an unusually heavy calendar Of criminal
cases, embracing several of particular interest and
n0torety. There were present Mr.. Justice Joseph
G. Barnard, presiding, and Associate Judges SILK
man and Conkling and County Judge Cochrane.
Shortly after the opening of the court John Fogel
was arraigned to answer an indictment for murder
and entered plea OF not guilty. The prisoner is
charged with having killed Alexander Burns at
Yonkers on the 9th OF June, 1868.
Thomas Baxter, man about twehtyfour years OF
age, through his counsel, asked leave to withdraw
plea OF not guilty formerly entered and enter plea
Of guilty Of mansaughter in the fourth degree The
prisoner, July 7, 1857 employed at the Peeks-
kill Iron Works, and on the evening OF that day was
out drinking with number Of fellow workmen.
They became somewhat intoxicated, and during the
evening, while stroling about town, two OF them sat
down. The prisoner, under the influence Of liquor,
struck one Of these men-James Cooney-on the
head with Q stick, injurlng him severely, and
he was taken home and died. Baxter had no
knowledge OF the extent of the injury he had done
his companion and when informed Of his death said,
81 hit him, but did not mean to kill him." District
Attorney Bates said there was particle OF evi.
dence to prove intent TO kill; and II doubtful IL
upon trial the prisoner could be convicted OF higher
degree OF crime than mansaughter in the fourth de-
gree. The plea was accepted and on motion Of coun
sci sentence was postponed until this morning to
enable him to produce evidence OF prisoners pre-
vious good character In mitigation Of punishment
The case OF Calvin M. Northrup well known New
York lawyer, who stanGs indicted for attempt to
poison his wife, also came before the court on mo-
ton TO discharge the defendant his own recog-
nzances. Northrup was tried about eighteen months
since and the jury failed TO agree, and second trial
resulted In Ike manner lie was third time
and was sentenced to undergo term OF confinement
in Sing Sing Prison. He actually entered upon the
execution OF the sentence, when his case was APP
pealed, aud after the Supreme Court had affirmed
the judgment It was reversed by the Court OF APP
peas aud new trial ordered. which he is now await
ing on bail in the sum OF $4,000
His counsel, Mr.. Larkin, stated yesterday that his
client was suffering severely from impaired health.
consequent upon his incarceration and DESTROYS
OF travelling for change OF air. He had attended
for trial from term 10 term, but the case had been
delayed and Judge Lott at the last session of
decided that he should be released on his recog.
nizance II not tried at this term. Counsel mad un-
derstood that the District Attorney did not intend to
try him again in this county. In consequence OF the
difficulty OF procuring an unbiased jury, and con-
templated o change Of the venue. lie therefore
moved that either writ of nolle prosequi be en-
tered, or that his bondsman be released and the de-
fendant discharged on his own recognizance, or that
the trial be set down for this term.
claimed that Mr.. Chatneld, formerly associated as
counsel in the case, had consented that 1t should not
be tried this term, and for this reason he was un.
Mr. Larkin commended that Mr.. Chatfeld had not
case and therefore had no right to enter into any
such stipulation. The Court, after some discussion,
Mr.. Northrup's case presents features Of singular
interest. He was accused by his wife with attempt
ing to poison her with beIadonna, and medical tes-
timony adduced on the trials In some considerable
degree supported her allegations Since that time,
however the case has been the subject Of scrutniK
most eminent medical authorities Of Europe and
America with general result decidedly az favorable
TO the accused n s 81 tnsss sre ,acs and
gcsted, in their deviation from the purely
medical Investigations the probable motives
charge against her husband and among other things
claim that It arose, perhaps, rom desire engen-
poisoning scheme forms the ingcnlously wrought
centre OF plot to figure as an actor or heroine In
romantic poisoning story; They claim that vo-
Dor under the effects Of some sort Of hallucina-
tory fascination inspired by the perusal Of
this work. They also attempt to show
the latter being prompted by Q desire to Obtain
sole sol sc q ~ II gaon which
appearing as witness under oath.
The trial OF the convicts Burns, alias "Brtckley,"
Charles Jeferds In Sing Sing Prison. In May last,
was expected to have commenced yesterday also.
self a double murderer and was undergoing q life
sentence for the murder someyears since OF his STEP
father, Walton, and man named Matthews, o
stranger. who pursued him after ne had shot wal.
ton. Twenty-Five convicts, wearing their prison
uniform, handcufred and with chains attached 10
their feet, were brought down to White Plains yes.
terddy from Sing Sing, escorted by pow
erful and heavily armed guard. These are the
witnesses IN the case The District Attorney shortly
after their arrival and when the commencement OF
the case was momentarily expected arose and stated
that he had just been informed by the physician that
Mr. Forrest, the warden OF Sing Sing Prison, who
was material and very important witness for the
prosecution, would be unable 10 attend court this
week In consequence Of illness. Mr. Forrest ne
said, was the person who discovered the body OF the
murdered Jefards In the barn. His testimony might
have most important bearing on the whole case,
aud he 1.-THE District Attorney could not safely and
In duty proceed to trial without him.
John d. Townsend. OF New YORK, counsel Tor the
accused convcis rose and said that wnen serving
the writ OF habeas corpus upon the PRISON officials
on Monday requiring them TO produce tue witnesses
az court, he saw Mr.. Forrest ana converted WIN
him, and that Mir. orrest said that he DID not be-
eve he was OF any use whatever as u witness ior
the reason mat he knew nothing material concern
ing the crime. lie did not aud the body OF Jenards,
IL was discovered arst by the convict Iiosc,
who took Mt. Forrest to The barn and pointed out
to him. tie mir. Tuwnsend could not now confent 70
any postponement VI the case. II the accused could