The New York herald., 1869-05-19
COURT or SPECIAL SESSIONS.
Before Judges Bowling and Kelly.

Before Judges Bowling and Kelly,
The session yesterday though unusually brief, was
unusually interesting There were twenty -four cases
the calendar, twelve being charges Of petty lar
ceny of assault and battery, two OF malicious
mischief and one Of being found with burglars TOOLS
THE LAWS DIsCRIMINATIoN.
The law is great institution and its fine points
most delicately drawn. Illustrative of this the
first case tried, which that brought against two
men giving their names as George Ellis and Edward
Healey who were found with carpet bag IN their
possession canta ming pretty full assortment Of
burglars tools. Oiicer Rusher, OF the seventeenth
precinct testified that at hapast three O'Clock in
the afternoon OF the 18th instant he arrested them
they came out OF Paige's Hotel, IN Spring street.
''You saw tie men commit no burglary" the
Judge asked the complaining policeman.
mo, SIR"
..WRy did you arrest themp'
81 saw them III the hotel drinking together, and
thought there was something suspicious both about
them and the carpet baggers."
."You thought these carpet-ba9gers worth looking
afterfr
81 believed them to be thieves or burglars"
'Well, 1t Is about the same thieves or carpet-bag.
gers; one is about as bad as the other"
The carpet bag and It's contents were produced.
Their evidence was mute but quite conclusive on
the subject Of the prisoners being found with burg
lars tools In their possession.
~ have no doubt" said Judge Bowling, after an
examination Of the contents OF the bag, 'that the
prisoners are burglars, but they cannot be held on
tne ~Uidepce The law is explicit on the point. Be-
inc Sound :" the daytime with burglars tools in
nj
must be found at nigns and near soLae house. The
prisoners must be discharged"
STEALING FROM YACHT.
John Stebbins and Francis Cassidy were arralgned
on charge of stealing some sabres and eyeboits
from the yacht Henrietta. Stebbins pleaded guilty
and Cassidy denied having had anything to do with
the larceny Captain Martin J. Lyon IN charge OF
the yacht, who appeared as complainant, testneu
to the loss OF the properly ana ts oeng ioana dtad
to him having stolen the articles. The evidence be-
ing conclusive, Cassidy was sentenced sT months 70
the Pententlary and Stebbns four months.
MUST HAVE BEEN HERALD YACHTMAN.
Such was the excamatory announcement OF Judge
Dowling before he got half through the case and the
observations OF the Judge are generally to be relied
upon as having discretion and sound common
sense as their basis. DR.. Kennith Reid, one OF the
subordinate physicians attached to that institution
known as the Quarantine, had caused the arrest Of
James Cody on a charge Of being on board the
steamer westphalia without having any business
to be there. The doctor stated that In pursuance
of his duty as deputy quarantine officer he
boarded on the afternoon OF the 10th inst, at about
arrived from Hamburg, and found the prisoner on
board, not only without any justnabe authority but
in such cases particularly made and provided.
''Do you know how Cody got on board the
steameri" asked Judge Dowling
"You didn't see him 90 on boardr'
'No sir. he was too smart for that"
s.pld You see him come from any other vesseiF"
die must have been HERALD yachtmau," pur
srhat's what suspect,n replied the doctor.
81 suspect he may have been in the HERALD
employ" continued the Judge; but 1t Is very pos
for the HERALD he may have gone on board at Ham,
burg and concealed himself In the smoke stack The
HERALD amt to be beat on news, you KNOW"
al know that" confessed the doctor.
The law on the subject was read and counsel had
something to say, and at length came the decision.
al must dismiss the complaint and order the re-
lease of the prlsopern said the Judge. ION these
grounds. In the first place there is not proper dis
elimination made in the complaint between Quaran-
M a
the second place 1t Is not shown that the prisoner
was illegally on the steamer"
Mr.. Cody went away with head erect, dignified
mien and placid smile lighting up the dark shad.
ows of his bronzed complexion. The doctor with
drew discounted and disgusted.
REMANDED CASES.
John Steele, at the last session found guilty OF
stealing march on oiilcer Hlderorand and beating
this being the estimated damages TO the epidermis
and sensiblies OF the wearer OF municipal blue and
brass buttons. Thomas Taylor, ayoung man found
guilty OF helping himself to three rolls OF cotton
goods In q store In Church street, had promised
tmonials OF good character, but the testimonials
were not forthcoming and he was given four months
to the Pententiary. Two boys James Carlman and
Amos Stu, convicted OF helping themselves TO o
portion Of the contents OF an express wagon. were
let go the nercesson OF their parents and pro-
mise OF the latter to indemnify the express company
for IT'S losses occasioned by the peculations Of these
ALLEGED sHopLIFTrNa.
annears an Se co,endsr "a Mich ael IcCabe ana TWO
young girls with hair OF fascinating blonde type,
were arraigned on q charge OF shopllting. Two
detectives testified to following them about, and
after they had gone In aud come out OF several
stores, arresting them. An important witness was
found TO be wanting, and 1t was said he could be
brought there in five minutes. The Judge waited
about twenty minutes.
The court will take recess TIL nine A. NJ Thurs
day. announced Judge Downing.
The nice young man and two blondes were re-
manded TO prison till the expiration OF the
COURT calsuoAas-THS oN.
SUPREME CouRr.-CIRCuIT.-Part Nos. 1901
149l g03 1922 1851 1851, 156 1861, 1875 1885, 1882
1925 1913, 1925, 1922 1881, 1905, 1911, 16s3 1895.