The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-20

was IN the employ OF Ball. Black Co. Mrs. Fort,
the complainant testified that the nigh. In ques
tom Conway called upon her ana while IN her room,
IN company with Mr. Burnham, who rented room,
the accused requested 70 see Mira Fort alone. They
went into the nall and ne demanded chain which he
had gwen 70 her husband, from whom she obtained
divorce year ago. She went up stairs and requested
Mr.. Burnham 70 60 to his room, and Whine unlocking
the trunk. she turned ound ana saw Conway at the
door. After handing him the chain he shut the door,
threw ms hat on the table and seated himself the
complainant opened the door, whereupon the prs
oner inquired II that meant for him 30 go. She
answered, Certainly II does.n He slammed the
door and SAID, damn your soul any man that dares
come these DOORS WIN blow his brains out.
Now ~ know whether you Will ever be mine or
notn She replied, Il never win,n whereupon he
seized hef by the throat with his left hand and drew
loaded pistol out OF his pocket with his right hand
and placed It 10 her mead but she threw up MS hand,
ceiling instead OF her forehead. Mrs. Fort cried
Tor help, AZ the same time holding the accused.
MT mrs. Connolly, lady IN the house responded 70
IN the adjoining room, reached the street through
the window and went for an officer. The prisoner
ran down the street. but was soon arrested by an
officer, VINO brought him back to the scene Of the
shooting. fne complaining witness stated That she
WAS aeduansed Win tne prisoner Tor over three
OF marriage. Mr. Howe, IN his cross-examlnauon,
asked II improper relations mad not subsisted ba-
tween herself and Conway which she positively
Denied Other witnesses for the prosecution c0rr0-
b0rated her statement OF the occurrence.
the deiendant was placed on the stand 10 MS own
him AZ hts mistress, and that his sister lived IN
the same house during this improper intimacy,
and that being Jealous OF Burnnam lie intended TO
IRE at him. The prosecuting oficer called respect
able witnesses to establish Mrs. Forts character Tor
chastity.
Mr.. Howe declined to address the jury after the
testimony was In. After an eloquent address by
Colonel Fellows on behalf OF the people Judge
Bedford delivered clear and very impartial charge,
and the jury, alter celebrating few moments, rem
dered verdlct OF guilty OF an assault with dan
Eerous weapon with an Intent TO do bodily harm,
and recommending that the extreme penalty Of the
law be enforced.
Judge Bedford TO the iuryl-Gentemen. heartily
concur in the rendition or your verdict; and the evi-
dence would have justified you If you had brought
IN verdict Of assault with intent To XIII; but shall
heed your suggestion, that the extreme penalty Of
the law be meted out Tor an assault ana battery
with intent to do bodily harm.
In addressing the prisoner his Honor saId:-Con-
way, you have been tried and convicted OF q COW
ardly deed-attemptlng TO harm helpless woman
without the slightest justification. Your eXplana-
ton OF the AFFAIR Is rather an aggrayation than
palliation; IN one word 1t is unbeconing the char
acter anu conduct OF man. shall follow the ad-
vice or thus Jury aud send you 10 the state Prison,
at hard labor, Tor the term OF five years.
Samuel Strause, who was jointly indicted with
Magnus Levy, pleaded guilty 10 grand larceny. ON
the i2th OF september The prisoner and his coneder-
ate hired furnished room IN Varick place, aud after
sol0urniDg there for a night suddenly LEFT, taking
with them $lSS worth OF clothing. IL win be re.
membered that Levy was convicted last week and
sent to the State Prison for i've years. The City
Judge sentenced Stranse to the Sing Sing Prison ior
the period Of four years.
charging nm with stealing horse and wagon on
the nth instant valued at 1915, the property OF
Peter H. Van Wagner. When asked what he had
to say why sentence should not be passed upon him
he replied that 1t his first offence, that he was
under the influence OF liquor and desired light
punishment for the sake Of Is wife aud two chill
dren Judge Bedford responded that it drink and
bad company which caused most OF the crime in our
city; but as that was his first offence he would not
impose the highest penalty the law allowed. He
sent him to the State Prison for two years.
Christian Homer pleaded guilty 10 an indictment
charging him with obtaining two dollars from VII
liam r. Bolles by representing that he driver
for Anton Hupfe, a lager beer brewer. He was sent
to the Penitentiary for three months.