The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-06-23
COURT or GENERAL SESSIONS.
LarcenIes and Burslnries.
BEFORE Recorder Hackett.

Before Recorder Hackett.
The nrst case called MP for trial BY Assistant Dis
trict Attorney Tweed was an Indictment against
John Meagher, who was charged with burglarously
entering the liquor store of James G. Kelly, 3o5
Washington street, on the 7th inst, ana stealing
dry-fye dollars worth OF cigars. The burglary was
not proved but the jury convicted him OF petty lar
ceny. The Recorder said the jury had made mis-.
take in not convct,ng Meagher OF grand larceny for
he was bad fellow He was sent to the Penten-
tiary for six months.
John Williams was convicted OF grand larceny, he
having ON the It'll inst, stole q horse, wagon and
harness, valued at $3.50, the property OF Luke Fitz
gerald. The property was traced TO Newburg,
where the prisoner was arrested. He was sent to
the State Prison for I'VE years.
Lizzie Johnson, who was charged with stealing
forty dollars from Isaac Rothschild in disreputabe
house. on the oth or June. was acquitted. Mr. Howe
subjected the complainant to very searching cross
James Gallagher, who was Jointly indicted with
Charles Carpenter charged VIII assuming ana "a
place. 1913 Sixth avenue on the 9th OF June. was de-
cared not guilty. Mr.. Howe called q number OF wit
accused. aud one gentleman who testified that the
complainant stated he did not believe the accused
Carpenter pleaded guilty to simple assault and
bartery, and was sent to the Pententiary for four
months.
EsT.N0 QUESTION RAISED By MR. HOWE.
Edward Mosher and Alonzo Burt were placed on
testimony that Mr.. MosSer was captain Of the
schooner ORBIT, who on the Sd Of May gave bill OF
lading at Newburg for fifty tons OF pig iron, which
he was TO deliver at New Haven, TO be sent by rail-
road TO the Hoyoke Machine Company. The rail-
road agent at New Haven discovered that the cargo
! was short between twelve and thirteen tons, the
value OF the property amounting to $780, The pro-
| secuton examined a number OF witnesses, and Mr..
Howe was about to call gentlemen to prove the good
Attorney intimaed that II was not necessary 10 ex-
anime them. The Recorder said That as the man
| Bart was employed as a deck hand on board the
schooner ana acting under the captains orders he
could not be held, and he was therefore disc aRed.
The jury alter delberating some time, rendered q
verdict OF guilty, coupled with strong recommen-
| dalton TO mercy.
| Mr.. Howe rose and saId:--whie ] always bow
with respect to Juries, deem II my duty to move,
your Honor for new trial upon the merits because
your Honor sees that this verdlct, If lett TO sand,
would render the captain or every vessel criminay
| liable for any property consigned to him or under
| his care no matter by whom stolen There has been
no evidence in his case to show by whom this was
| taien or THAT IL was taken by the connivance
OF tie accused or that he was even present when the
larceny was elected II this verdict should stand 1t
would be In direct c0nlc with every decision upon
| tue subject. The case TO which referred your
Honor, IN the Seventeenth New York reports, IS pre-
csey similar IL this. by singular coincidence the
o1ence charged there was stealing Pig iron bat the
facts were stronger for the captain took 1t from the
vessel placed Oh the DOCK ana converted II 70 his
own use.
! The Recorder said lie would consider the motion
| and render decision in the morning.
The following is the calendar for tO-day:-The
| People VS.. McIiael Donnely and Patrick McManus,
rape Same vs. Charles Major, Patrick McManus,
john Hallsey Patrick Fogerty and John Duly, rob
| heTy; Same VS.. Francis Redmond, George whitney
and Edward Kearnan. burglary; same VIZ. Eliza
Ellis, receiving stolen goods; Same James Butler
Fernandez and John O'ToUie, false pretences; Same
VIZ. Mary Connors. Fras. Ranclear and Chauncey
Davis, grand larceny; Same vs. Edward Berrigan.
arcely from the person; Same vs. Fanny Phtppany
aud William Bennett, assault end battery.