The New York herald., 1871-09-15
COURT OF GENERAL sEssluai.

Counsel for an Adjourpmcnt-Judge Bedford
Sets the Case Gown for Next Ihursday-A
Professional Sneak Thief Sent TO sing Sing
A Shooting Case I'm sixth Avenue.
Before Judge Bedford.
Tho court room was well filed yesterday by per.
sons interested in the lottery policy business, the
trial Of Frederick F. Luthy, charged with selling o
policy ticket having been put on the calendar.
Counsel for the defendant called for the reading
OF the urn Of the ocer OF the Court to the at
tachwer 8 issued on Tuesday compelling the at.
tenda ce Of absent material witnesses. 1t ap-
peared that two Of the witnesses were present and
found and the other was in Pennsylvania.
The counsel addressed the Court at length for an
adjournment claiming that they had used all dill
these Witnesses who were hostile TO the defendant
Tney Claimed sHat 2achaah Simmons e was he
head and front OF the prosecution and material
witness to show their clients Innocence.
Assistant District Attorney FELLOWS vigorously
opposed the persistent efforts OF counsel to prevent
the trial going At the last term or the Court a
between the proof and the indictmenL was rem
dered, the original indictment alleging that the
tnat il was private. That defect being remedied by
O new Indictment the counsel interpOsed special
plea. Which, % after % argumens & was % overruled Up to
THESE persons, whom they now claimed were i'm.
pOrtant and necessary witnesses. Alter prOtracted
and dscurslve argument Judge Bedford decided
that the case would have to proceed unless the
defence could by affidavit show the materially OF
would be for the Court decide after hearing the
afildavit whether tnero were legal grounds Tor
pOstponement OF the trial.
An opportunity was given to the counsel to pre.
pare The required afidavIts, and in the afternoon
the & case % 81 Lntny was was again "a IN taken axe up
which set forth that lie expected prove his inno
csnce by the testimony OF zachariah Z. simmons.
William l.. Simmons and Josiah Howard Adams
| without whose testimony he could not safely pro-
MIR. FELLOWS said he wished 10 bring the counsel
for the defence down to the point OF stating when
they would be ready 10 try the case; for If an ad-
jOurnment were granted upon those afidavits they
would spring auother Ingenious excuse upon the
prosecution. and the case would never be ured.
!1aEe BEDFORD @ 10, orousnt toe dseussion to close
upon the 2ist inst, and in the event OF the absent
witnesses not being present counsel must apply for
commission TO take their testimony In another
State In the meantime the attachments would live,
and the Court officers could arrest vtnesses
wherever they found them.
BIBULoUs LA-cENY.
John Byrnes, who .cs. .ne 17th Of August stole
EcCarihS pleaded guilty to epe BETTY arceny % Afn'
As tEat was his first offence and he had witnesses
scprove his good character. Judge Bedford. as he
youth an opportunity to reform.
AN OLD SNEAK THIEF.
Charles Henry alias Thomas Hamilton, who
pleaded guilty on wednesday to stealng $50 worth
OF clothing from Junius Smith on the 9th OF August
Hamilton, the oficer Informs me tnat you are an od
professional thief Four years In the State Prison Is
your sentence.
AN ALLEGED SHOOTING AFFRAY.
John Fogarty was tried upon O charge or feoni0us
assault and battery, the complainant, John Ii.
Set50n, claiming that on the 2oth OF January last
the prisoner Tired pistol at him. The testimony
for the prosecution showed that John Ii. Stetson
was engaged in quarrel with man named Lyons
al the Knlckeru0cker cottage In Sixth avenue when
fOgarty, Eaton and Wax, who were In the barro0m,
took part In the assault Fogarty got away from
Stetson and while running into an adjoining room
accused fired pistol, the ball lodging in the panel
Of the door.
The evidence OF Thomas Lyons, John Eaton and
Fogarty was in direct opposition to the statements
OF the Witnesses for the people. The accused said
that In the bght he was struck In the mouth with
bottle; that the complainant ran at him with an Ice
pitcher, and that Charles Stetson (his brOther) nut
his hand into his pocket for the purpose as he
thought. OF drawing pistol whereup0n he FOgar-
W drew pistol in self-deence and Shot himself in
the hand
The jury rendered verdict OF guilty of an assault
with dangerous weapon with intent TO do bodily
harm. fogarty was remanded for sentence.
AN ACQulTTAI.
Henry Wiley, who was Jointly indicted with John
Moore and George Foster, was tried upon charge
OF burglary On the 18th OF April last the premises
OF Maurice Prowler, leo Spring street, were broken
into and $3.50 worth OF cigars stolen. A portion Of
the property was traced TO q restaurant near by,
which q police oiicer supposed he saw Wiley
enter. The accused proved good character aud
testified that he was not In the saloon at the time.
The jury promptly rendered verdict Of not guilty.