The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-07
COURT or GENERAL SESSIONS.
Before Recorder HacKett.

Before Recorder HacKett.
Assistant District Attorneys Fellows and Sullivan
appeared for the prosecution yesterday.
PLEADS GUILTY.
Arthur Palm and Walter Conclough (youths)
pleaded guilty to stealing horse and plumbers
wagon worth $780, on the Goth OF May, the property
Of John +. Finn. AS the Recorder learned that both
the prisoners mad been IN the House OF Refuge, he
sent them to the Penltentiary for three years.
ACQUITTED.
John Waters, who, In connection with Frank
Weldon, was charged With Stealing clock, two
coats and a quantity OF cigars, on the Sd or May.
from the restaurant Of Joseph II. lhies. was tried
and acquitted.
SENTENCED FOR BURGLARY.
Peter Mclaughlin pleaded guilty to an attempt at
prisoner broke INTO the saloon OF John j. HAYES $50
Nlntn avenue, and stole eignty-two dollars worth
OF cigars and forty dollars worth of liquor. He was
sent 70 the State Prison for two years and SIX
months.
Henry Carroll who was indicted for the third de-
gree OF burglary, pleaded guilty TO an attempt to
commit that offence. The boot and shoe store or
Henry schwerdieger No III Laurens street. was
burglarlously entered last month and TWO pairs Of
CATERS, worth eight dollars, stolen. His Honor
sentenced HIM TO the State Prison Tor Two years aud
Ellen Lee, woman OF the town. who was charged
with stealing orty-nye dollars from John Miller at
disreputable house III Baxter street, on the 18th OF
May was acquitted.
John McCoart, youth, was tried upon a charge
OF stealing elghtyfve dollars til 9th oil January
from bur in the room OF Mrs. Brown, matrO,
OF the Eleventh ward lodging house. The evidence
was only clrcumstantal, aud the jury gave nim the
benefit Of the doubt by rendering verdict VI not
guilty.
An INSANE IcoSocLAsT SENT TO THE STATE PRISON.
The case Of special interest on yesterdays caen-
dar was that OF John Gibney, who was indicted Tor
a leonious assault and battery upon Michael Galley
complainant tesuded that on sunday, the 14th OF
May, while present a. the st. Vincent Catholic
church. corner OF Sixty.slxlh street and Lexington
a venue, his attention was drawn TO the prisoner,
who walked down the aisle with large axe In his
nic anu @er o. WE'RE UaIne,ed ne
witness saw the prisoner push the children away.
Cipney then raised the axe and was about to
strike the crucilX, when Culley jumped and
caught the axe, whereupon the prisoner drew q
knife aud inflicted two wounds, one on the forehead
and another on the top VI the head, from which the
blood howed SO prousey as to render him lnsensi-
bic and to disqualny hun for work ever since.
Edward Phillips, who was attending serviceSat
the time. witnessed a portion OF the occurrence.
After nearing a scream he looked over and saw
Culey bleeding and Gibney holding a Kni.e In his
hand. The witness pushed the prisoner TO the door
and gave him in charge of policemen: The knife
that the prisoner had was five or Six inches long,
and he acted something like crazy man.
John Mcintyre gave his narrative OF the aflair,
tesnying mat he saw the complainant wrench the
Gibney take klie rom soGie part of his person
AID cut Culley In the head.
OFFICER Hickman, who arrested the prisoner, said
that he people rushing out Of the church, and
that when he took the prisoner In charge q finger
| on the right hand was CUT the axe aud the knife
| were brought TO the station house.
John Gioney, being sworn IN his own behalf, stated
tHdt lie ndu HVeu Ill New tWeHty i've years,
a stone cutter by occupation, ana on this sun
l day proceeded 10 the st. Vincent Catholic church,
| which he frequently attended, Tor the purpose OF
/ cutting down the Cross on the previous day he
bought the axe IN Eighth avenue and took the knife
TO DEFEND himself In case he was attacked by any
body. The accused then asked why ne wished
! 70 strike down tue cross, and proceeded In Wild,
inconerent stra n, TO say "1tswas my IN ention TO
\ cut down the cross and put Christ on the noor be-
cause there Is no room Tor Him or His Father over
| my head; and as SOON as the crucifx would touch
the moor II would smash every royal clown on earth
aud give religious liberty and liberty every way TO
/ al.u
i After the testimony was In counsel for the priso-
| ner claimed that the prisoners demeanor ought 10
satisfy the jury that he was insane, while Colonel
| Fellows, IN clear Argument, maintained that, al
though the prisoner might nave entertained curious
notions about the cross the testimony showed that
| he was sane enough wnen he stabbed the com.
| piainant. The Recorder, in his charge 1nttmated
TO the Jury that II they had any doubt OF the priso
ner's sanity AT the time OF the cutting they might
render verdict OF not guilty on the ground OF In
sanity. The jury. however, rendered verdict OF
guilty, AMI the Recorder sentenced him TO the state
Prison for seven years, Colonel Fellows remaIking
that II the medical attendants at the state Prison
order his removal 10 the asylum.