The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-23
"EOSS" ALIENS LITTLE DIFFICULTY.
Conclusion Of the Case-Ias Apother Thee
dOre Come to Judgment

Conclusion Of the Case-Has Another Theo-
dOre Come to Judgement
The examination In the case OF Theodore Allen
was concluded before Justice Ledwith, at Jefferson
Market, and was the occasion OF drawing together
as fne an audience of the lighthngered gentry as
ever graced police court
The first witness examined was James D. Black
an officer Of the Eighth precinct, who testined-I
am an officer of the Eighth precinct; the 9th OF
March last was In Mercer street, between Houston
and Prince; it between two and three O'Clock In
the afternoon; saw q crowd Of persons on the
walk opposite Mr.. Aliens door; man came up to
me and said two men were fighting; ordered the
crowd to separate, and asked what was the matter;
ing; saw no fighting; did not see any person
could arrest; dispersed the crowd; saw Townley
there; he made no complaint to me. saw Townley
in front or Aliens houses went inside Aliens door,
wnen sergeant Christie came up; Towniey then said
know whether he called him out OF the house;
Towney was dressed in citizens ciothes he dld not
enty-fve Or eighty men congregated around: did
not see Allen act Improperly; am still an officer
Charles " Lobde testedE reside at the Arson
House; was near Mercer and Prince streets on the
afternoon OF the ARRAY; was going up town in
In the street; large man held a small man down on
the pavement; Allen at this time worked himself
the hand and pulled him out; the small man walked
leisurey away; there was blood on his face; Town
ley did not say he was an officer nor call for Aliens
arrest; only knew. Allen by regulations; Townley
did not say the small man was prisoner
Cr0ss-examned-Am boOkkeeper; am not IN
any employment now; last worked for N. Perry
Co., Newark; left there four years ago. that time
received an annuity from my fathers estate and
have done nothing since; saw Allen make his way
up through the crowd; when the little man walked
away T0wnley seemed to be composed; he did not
attempt to follow him; have known Allen ten
months.
John Roberts, q bartender at Florence's saloon,
ana John Leonard, proprietor OF . restaurant In
Mercer street, were then examined, and corrobor-
ated the statements OF the last witness, when Mr..
Howe announced the evidence for the prosecution
closed.
Mr. De Costa then stated that he desired to put in
evidence record OF conviction, In which theodore
Allen, on tue l4th day Of juno, 1885, pleaded guilty
to charge ofstealing p0cketbook, containing hve
dollars In money, from r. O. Crook, and was sen
fenced Dy Recorder Hackett to the City Prison for
four months, but was pArd0ned by Governor Morgan
after serving three months Of his sentence.
Mr.. Howe objected to the record being admitted,
on the ground that IL was necessary to produce
some party parties who were eye witnesses to the
occurrence for the purpose OF testifyng that the
Theodore Allen In court was the Theodore Allen
mentioned in the conviction, alleging his client was
not the person.
Justice LedwIth decided to admit the record with
the assurance from Mr.. De Costa that he produce
the necessary witnesses substantae the fact that
the two Theodore Aliens were one and the same
man. The case Will be argued before Justice Led.
with on Wednesday next at three p. NJ.