The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-06-21
The Detention of Alleged Fraudulent Letters
~
SUPREME couar-sEnEaAl TERM.
The Observation-Disclosures SwfndIe Case-A
New Trial Ordered.

new Trial OrOcWd.
Before The full court.
Patrick Mcdonald, PlcintiT IN Error rs. The PEG
pile DEFENDANTS In Error Patrick Mcdonald allowed
had carried on his business with much caution; but
one day falling in with a party Of Canadians
returning from California, he took them In
hand, and in attempting to swindle one
Of their number, named Joseph Boutrich, he
was caught at his game, arrested, con-
i've years. His counsel moved to have his sentence
suspended until argument was had at the General
Pat was sent to sing sing where he is now rusti-
eating. Judge Barnard having granted a writ OF
ana bill OF the case cane e up r6e
S Was defective. McDo snnasfI lie wa c haa
Was indicted for the larceny OF gold, whereas he had
not taken gold, but notes. on this Judgment was
reversed and o new trial ordered.
Mart Alien Wants a New Trial.
Martin Alien, PlatrtiT IN Error, Us. the People,
Defendants, in E,T0r-At the October term OF the
Court OF General Sessions Martin Allen was sentenced
to five years In the State Prison charge of grand
larceny. Franklin j. Smith, of COllinsvile, Conn.,,
while stopping at Frenchs Hotel, took stroll
through the city, and meeting two attractive cypri
ans accompanied them to house in Howard street.
he et ~ ne naa IN s IN his
He communicated this fact TO the police, who
broke into the house by force and found
the women and In his possession was $3.50 Of the
5000. Between the rooms was panel, by means Of
which the money was taken. For this Allen was in
dcted and convicted. He claims reversal Of judg.
ment, on the ground that when he was indicted two
Grand Jares were IN existence S while by the COM
indictments by both are void. He also argued that
the Court erred In not changing the trers of the
serve
The District Attorney commended that the indict
ment was perfectly legal and valid, and that new
trial should not be granted
The Jerome Bradley Alleged Bond Stealing
Operation.
Jerome Bradley PIai,atiT IN Error, Us. The People
Deteadaats aa Eryoy.-The plaintiff was indicted OH
the charge Of grand larceny, in stealing from Gard
ner L. Hutchinson bonds, stocks and government
securities, to the value Of $4,000 in November
1862 At the March term OF the Court Of General
Sessions Bradley tried before Recorder Hackett
convicted Of the offence and sent to the State Prison
for five years. Mr. McCarty his counsel, yesterday
argued that the testimony Of his accomplice was
oh, ected by the defence and improperly admitted
by the Court; that it was q wrong conclusion to
come to, that because Bradley had two OF
the bonds stolen from Hutchinson ID his possession.
he was the thief who stole them. Bonds were ne
gotable article, and might come into anybody's pos
session in the regular course OF business. District
Attorney Fellows for the people, argued that the
onus OF proving where the bonds came from lay
with the defence, and that they did not satisfacto-
regard to the admission OF improper testimony the
Courc acted with adyisability and in spirit OF JUS
uce both to the prisoner and TO the people. De-
cision reserved
The Policemen WHO Took "a Man in and Did
for Him Ask TO Re Let Out of Sing Sing.
n W. Repasen ana James HonsaegGYl PLAINTIFFS in
Error, rs. The People OF the State OF Ne,c YORK, De.
PENDANTS IN EvorIt will be remembered that these
two model policemen robbed an old gentleman who
applied to them for instructions to how he should
proceed to his hotel. he being nonresident. They
were sentenced to the State Prison. The Court was
asked By their counsel TO charge that the good char.
acter OF the accused should be taken into cOnsdera
tfon but this was refused, and on this refusal the
plaintiffs in error demand new trial. Decision re-
served,