The New York herald., 1869-05-07

third degree pleaded guilty 70 the fourth grade OF
upon Mr. Otto xhsens ic1 second avenue on iSe
18TH OF April BY which he obtained suit of clothes
belonging to the complainant. The property was re-
covered. lnl
The city Judge in disposing OF this offender. said
that the forgery was OF mean sneaking character;
husband OF certain lady and sent little boy whom
he met IN the street for suit oil clothes. Believing
that II was the prisoners first offence, the District
Attorney accepted a plea Of forgery in the fourth
degree He was sent to the Penitentary for one
John Turner was placed on trial charged with bur-
Sarah Nathan. residing at 30 Hester street. She
swore that upon her return from market on Satur-
day. the 24th Of April she saw two men in her back
her in the face; he escaped that afternoon but she
gave description 10 the oilcer on the post, who
arrested him the following day. The accused proved
that he q carpenter and worked steadily al his
trade; and another witness swore that he was with
him at the hour OF the alleged burglary, and ran
across the street. when they heard the occurrence
to the hOuse OF the complainant. When the prisoner
was arrested and brought TO the complainant he
denied having been In the room, but admitted that
he was in the yard. Mr.. Howe declined to sum up
the case being satisfied to leave under the Judges
charge. Judge Bedford delivered very clear and
impartial charge, and, after dcliberatng for half
hour, the jury rendered verdict OF not guilty.
A FELONIOUs ASSAULT.
Carl Kirchgesener was tried upon an Indictment
charging him with committing q felOniOus assault
upon Mary Marx, on the 7th Of April. The testimony
showed that the prisoner had III will against HIS
sister-in-iaw and visited her place. lie entered the
room with a razor in his hand and assaulted her.
MARX, WAS Ill Tie room aL the
time, and was assaulted by the prisoner, who in
nicted serious Injuries upon her hand and cheek.
From the cfOSs-examinatOn OF Judge Stuart (WhO
was assigned by the court to defend mimi 1t appeared
that the prisoner had no III feeling towards Miss
Marx. The Judge argued that the accused could
not he convicted OF an assault with intent to kill
District Attorney Garvin made q f0rcble and elo-
qent appeal to the Jury, claiming that the testimony
showed the prisoner to be guilty Of malicious anu
aggravated ASSAULT, and that 1t to juries that
society looked for the protection and preservation
OF human life. The jury rendered verdict OF guilty
"A w hnu NyAn
TO do bodily harm.
Judge Stuart contended that the Indictment was
wholly insufficient to sustain the verdict and moved
an arrest OF Judgment.
Judge Bedford denied the notion and in senten-
cling tile prisoner said
PRIsoNER-YOu have been tried ana convicted OF
a cowardly and dasardy act 1t appears that with
out pr0vocatlcn and armed az it were fer the
enter the roOm and, 1t may be- TO Crafty rank
Ing vengeance, Immediately advance towards your
slsterin.iaW ana inlict a serious wound i'll her
side, enddngerng her life. And then, not yet
satiated, but still eager for more blood,
you hastily approach young girl who, terrified at
your conduct begs for her life; you, needless Of her
entreatles, deliberately approach her and inflct
severe wound on her throat and then nearly succeed
In severing her hand from her wrist, thus disfgur
ing and maiming ana may say impOverishing her
girl Your conduct IL feDdlsh ana atr0ciOus, and
deserves the severest penalty Known to the law.
which Is five years IN the State Prison.
ALLEGED MURDER.
Among the prisoners arraigncd was VIM. NichOl-
son, charged Win the murder or Patrick Mccormick.
Mr.. Howe his counsel, stated that although the in
dictment was for murder IN the first degree the Dis
trict Attorney would nnd upon an examination OF
the papers mat the offence was only mansIaughter
IN the tiilr,l degree The prisoner was remanded.