The New York herald., 1870-04-26
COURT OF GENERAL ssssIuyS

Before Cunning 8. Bedford, Jr., City Judge.
CONVICTION OF AN ALLEGED swINDLER OF sAILoRs
NEW TRIAL GNANTED. l ttf.
: The trial Of John O'To0le, which was commenced
on Friday afternoon, was resumed and concluded
Yesterday. The defendant was charged with defraud
ing a sailor named Thomas Holmes out Ct the sum OF
$l10 by falsely representing to him that he (OTooleb
was a lawyer by which statement the mariner
was induced to sign power OF attorney that enabled
O'Toole to collect his wages. Mr.. William r. Howe
who defended the accused, raisei q number
of substantial and technical objections to the In
dictment upon which his Honor ruled as the trial
progressed. The statement of the complainant was
that he was sailor and arrived in New York on
the ship Western Chief; that on the 2sth of March
he had an interview with the prisoner whose bust
ness it was to collect claims for sailors wages) who
represented that he was lawyer and would
collect $l1o-a fine arising out Of -, certain certain
having been engaged in a serious nght that under
that pIetext he signed a paper which he could not
a power of attorney authorizing O'Toole to collect
his wages. clerk OF the Supreme Court testified
attorneys. A number Of Witnesses were sworn for
the de ence Mr.. Burns, sailors boarding house
keeper testified that lie was witness to the power
of attorney and that the complainant authorized
the prisoner to collect his wages, and Mr..
Hall, the managing c!erk Of the respectable
law firm OF Beebe, DCnohue & Cook, stated that
OToole came In the regular way and after an inter-
view with him o letter was written to the owners Of
the vessel for payment of the wages. O'Toole
witness in his own behllr, and swole that he did not
represent to Holmes that he was lawyer or that the
instrument Vas to settle tine for assault and bat
terry, but when the sailor signed the paper he said he
was deser;er from the ship OToole collected the
money and handed 1t to his partner, Monaghan,
who appeared, did not refund 1t to the sailor Two
witnesses swore that they saw U ToOle hand Mona
CHAN the money at the corner OF Hanover and VIII
liam streets and that the defendant tod nm TO go
Friday that he was not deserter from the ship,
but his captain, who was examined yesterday, swore
that he was. Holmes was recalled by the City Judge,
and, after being closely pressed, admitted that he
| was deserter from the ship.
| Mr. Howe made an effective and able address to
the jury in behalf Of Tooe, claiming that the test
mony showed that his Client only performed legiti
Assistant District Attorney Fellows followed for
the people, and insisted that Toole vlctimzed this
| innocent sailor out of his money and said that q
number OF indictments for similar offences were
now preferred against him on the complaint Of
honest seamen who became the easy prey Of the run.
ners OF sailors boarding houses who acted In concert
After clear and elaborate charge by the City Judge
'ne oTy we then eyed for new trial Tor the urs
| Oner on the merits.
After hearing argument by counsel for the prisoner
Judge Bedford said that he free TO CONFESS that h
had serious doubts regards the reliability the
painant that he stood alone uncorrobOTated, while
the prisoners story substantially c0rODOrated IN
every particular by several witnesses Moreover, the
complainant admits having perjured himself on FRI
nay sss rs pa and lust that s motion be-
There are other indictments against the prisoner
"A
COLORED BURGLAR SENT TO THE STATE PRISON.
James Strickley lcoored) who was indicted for
third grade of that offence. On the 9th inst he bur-
| glarlousy entered the grocery store Of Christian
| keiners and stole twenty-One dollars worth OF pro-
perry His Honor, after reading the complaint said
that 1t was clear case, and sent him to the State
Prison for four years.
| FORGERY OF CHECK.
| seigmund Friedman peadei guilty to forgery In
the third degree he having the 18th inst, forged
the Of the firm Of Hallgarten Co. to check
upon the National Park Bank for tine Of twenty
dollars with intention to defraud Ferdinand Mayer.
| He was sent to the State Prison for two years.
The following Is todays calendar:-The People va
Ida Campbell and Kate Marsh, rape; Same Vs. James
| Willis, julius G. Solinger, William Marsh, John
| vs.. Thomas McGrath John McCabe John Herman,
George Fell, assault and battery, feonlous; same vs.
John Murray, William II. Sexton, John 3. Fox for
gery Same vs. Rodney NJ Pomeroy three casesj, OBJ
| tanning goods by false pretences same vs. Henry
Sontag, larceny from the pei son: same vs. William
| Cunningham, Lizzie Brown grand larceny; Same va
| John McCaul, receiving stolen goods. -.