The New York herald., 1870-11-17
COURT OF GENERAL SESSIONS.

ground Of lack OF evidence to sustain 1t. The Judge
granted the motion and so ordered
COURT OF GENERAL SESSIONS.
The South Side Railroad Buraiary-An Al
legged Notorious River Thief Charged with
the Crime-The Jnry Discharged ut Eleven
O'Clock Last Night.
Before Judge Bedford, City Judge.
The court room was crowded yesterday, number
OF citizens being attracted thlther doubt by the
interesting proceedings transacted in the General
Sessions during the present week. The chief topic
Of conversation between Jurors and lockers on be-
fore the formal opening or the court was the severe
but just punishment inflicted upon the bloodthrsty
garroters who were sent by Judge Bedford to Sing
Sing for fifteen years. Among the cases on the cal
endar yesterday was an Indictment for robbery, and
when the prisoners name was called he failed to
answer His counsel stated that the accused was
out on ball. The City Judge observed that he did
not believe In locking up law abiding citizens TO tes
tify against an alleged robber 1t was not just to bail
q man indicted Ter robbery and keep complainant
IN the House OF Detention. 1t was ordered that the
case should proceed, but as another case was called
and the jury sworn 1t was not reached when the
hour for adjournment had arrived
TRIAL OF SAMUEL II. LAKE For BURGLARY.
The whole Of the remainder Of the day was occu-
pied In the trial or an indictment Tor burglary
against Samuel Ii. Lake, who was charged with
being IN completely with two conledefates IN bur-
glarlonsly entering the baggage room Of the South
Side Railroad Company, at the loot OF Roosevelt
street. Oh the night OF the oath OF August On that
evening the burglars forced open large number OF
trunks belonging to passengers, which contained
large quantities OF wearing apparel and costly jew
elry, some Of the cothing having been found thrown
around the moor by the baggage master when he ar
rived on the following morning. James Irving tes-
tilted that he was the owner or some OF the trunks
left at the South Side Railroad depot, which were
rned OF their contents the value OF which, lnclud.
Ing jewery, was over 81, 600 A witness for The
the magistrate that he was Watching the yacht Ex-
celsor at the Roosevelt street ferry and that about
was awakened by noise. and saw three zee
men getting out of the window OF the Southside Rail-
road depot Jump into rowboat and attach 1t to the
rudoer OF ferry boat which moved out OF the Slip.
The man whom he positively identified before tho
magistrate had a heavy black musache. when on
the stand yesterday he said after thinking over the
matter, he could not swear that Lake was the man.
The night watchman Of the ferry testified that he
saw the men In the small boat out did not their
faces.
ofacer Finn swore that on the 2eth OF August he
saw the prisoner and several others at drinking
saloon In James slip. They were passing o black
mustache around. lie and Otncer Buckley arrested
just previous to the arrest Merchant came up and
looked at Lake. and shorsly afterwards proceeded to
the station house and identified the prisoner. When
the prisoner was asked by Justice Hogan what his
business was Finn said he replied that he was a
river thief" Captain Alare correborated the
The prisoner told his story, that he had been on
the police for year and half. and that he noyer
| he never committed tho burglary and was not at
the saloon IN Jamas slip with other parties. The
| father OF the accused testified that his son
boatman, like himself, ana had always borne good
character. The defence set up was an altof, which
was sought to be proved by two men, named Adson
and Caldwell, who swore tnar they played cards
with Lake at his house up I'LL two O'Clock In the
Murphy, who followed the prisoner on the night Of
the burglary and saw him IN the vicinity OF tie
depot at one O'Clock in the morning.
The captain ana officers OF the precinct were re-
called by the prosecution TO show that Lake was the
associate OF thieves and was suspected by the ofl
GERS In the precinct to be a bad character.
Mr.. howe, who defended Lake con tested the case
| at every point and made vigorous summing up
| witnesses, ana colonel Fellows summed up In his
usual eloquent and convincing manner
/ Judge Bedford recapltulated the leading facts
proven en- both sides, and Informed the jury that
II was Tor them to say what witnesses had com.
| mitted perjury; for the developments the trial
showed That gross perjury was committed by some
| parties.
The case was given to the Jury at q late hour in
the afternoon and little after ten O'Clock last ngt
! Judge Bedford returned to court and discharged
! them.
| Upon taking his seat on the bench Judge Rcd
ford inquired or the foreman OF the jury II they had
arrived at verdict and was answered In the mega
tive the reason given being with some question Of
| quit and with others question of identity.
Mi. Fellows, Assistant District Attorney, said that
from the statement just made By the foreman OF the
jury there was no possibility OF their arriving at
conclusion last night and he could do no less than
consent % their discharge AS they did not render
| verdict t was evident that some OF them be-
| lieyed the prisoner TO be guilty. Before dls-
missing them he wished TO make a few remarks.
II was their object as officers OF justice to have the
law meed out justly neither to convict the innocent
nor allow the guilty 10 escape, ana his Honor knew
that ne had IN the present used every effort to
secure the conviction of the prisoner. 1t was not n-
| frequently that the public and portion OF
| the public press were loud in their deciamations
against the oncers OF the law; but 1t was only lust
| TO remark that IN most cases when prisoner
escaped the penalty Of the law 1t was through the
laymen who sat as Jurors In the courts. With re.
gard TO the prisoner, Lake, It was wen es-
tablished tact that he was n thief OF an
extremely bad character, that 1t was known
ne was the associate OF thieves OF the
worst description; and, moreover, that in reference
was seen near the depot only short time before the
adduced as evidence In law as many details as
were sometimes, to he obtained, there was
the prisoner had sent several times to Mr.. irving
the complainant, promising to return the whole or
the case. Was not this proof OF guilt2 Again the
prisoner had received the proceeds Of the rob.
otery, otr $1,000 or $1,000; part Of that sum had
defence, and more OF the same money would be ap-
peu 10 deend him when his case should again
| come before that court lie had committed the rop
Dery IN disguise and wearing false mustache-a
sure sign OF practice In crime which was totally uu-
known TO younger hands; but though he was sur
prised TO learn that verde, had been arrived at he
would thousand times rather they should separate
without rendering verdict than give IN verdict
OF not guilty. lt was only yesterday that twelve
jurors Oh tuls Guy brought In verdict of guilty
against notorious burglar and Immediately after.
wards recommended him to mercy but lie was
gad tnat ms honor refused to entertain the recoul-
mendatlon and inflicted just pnnienment.
Judge Observation-Disclosures, you have been kent
together from five In the afternoon until haIf-nast
ten O'Clock. From the foreman OF the fury he learned
that they had not arrived at O verdict which he was
at loss to understand. However, aR they accented
the responsibility by the sanotlty Of their oahs, no
could not do OtherWise than discharge them from
the further consideration Of the case The court was
then adj jourDed.
GR0lilM C0J}r cAtEi3Ail.