The New York herald., 1871-02-08
COURT or GENERAL SESSIONS.
Before Recorder Hackett.

Before Recorder Hackett.
At the opening OF the Court yesterday the Grand
Jury sworn on Monday were discharged till the 21th
Inst.
A HIGHWAY EoBsEK SENT TO THE STATE PRISON
ron TEN YEARS. s.
John Smith pleaded guilty 10 foobery in tie first
degree. the complaint alleging that the 10th Of
January silver watch and chain, valued at eighteen
dollars, were forcIbly taken from Patrick j. Giles
about eight O'Clock in the evening by Smith and
another man Willie lie vas passing through Mul.
The Recorder IN passing sentence said ~ viii
nor send you to the state Prison fol twenty years.
but VII give you chance by sending YOU ten years.
Smith VIII not have chancc' to vote for the next
two Presidents OF The United States
TWO BURGLARS sEs'T TO SING SING FOR FIVE
Diear.eh Xlumyer ana Joseph Hcpler We're con-
vicied OF burglary In the third degree, they having
the night OF the nth OF January buralariously
entered tne restaurant OF George ROthenholier Isl
Fulton street A few cigars and book were found
IN their possession Dy the ocer who arrested them
on the premises. 1he prisoners received the fun
penalty, Which was ave years each IN tue state
Prison.
Henry Barkv, who on the l1ih OF January stole
cf peit larceny ana sent 10 the Pententiary SIX
months.
1 ALLEGED FELoNIoUs AssAULT-AcoUTTAL OF TIE
DEFENDANT.
John Franklin was tried upon charge OF fel0-
nious assault ana battery. Tne complainant. John
Eussey, testified that as he was passing through
Water street on the 22d OF August he stepped upon
Franklln'5 foot, whercupon he (the prlsoner)
turned round ana fiied a loaded pistol at MN. the
bail entering the sTm. Mr. Howe cross-examlned
Hus5ey at iength md brought out the TACT that nc
had lighting proclivites, and visited Ireland to see
Franklin, VINO was out on ball and came from
his work, testified that he was attacked Dy Hussey
In a savage manner, and fearing that he was going
to be robbed, he fired the pistol Ia sel-dcfence.
The jury rendered a verdict Of not guilty.
OTHER AcQUIrrALs.
John MCGUIRE was acquitted OF charge OF grand
larceny, the Indictment alleging that on the ytn OF
January he attempted 10 steal chest OF tea, the
property OF Arnold, Sturges j. Co.
Edward Dreary and john j. Carey who were
CHARGED With stealing silver watch nom James
Devein on the "a OF January were paced on trial.
Mr. Howe defended the prisoners, and an eXainna-
ton OF the complainant showed that there was
nothing TO sustain the Indictment. Assistant Dis-
tr!c Attorney Sullivan abandoned the case and the
jury rendered q verdict of not guilty.
henry fearsai was tried upon charge OF grand
larceny. IL seemed from the testimony that On Tho
2lst o. December SIX pieces Of calico were stolen
from the premises OF Emanuel Strauss No. 3 Avenue
tsiat the defendant sold two pieces TO a woman In
the tenement house where he resided, which the
complainant identied as part Of the stolen pro-
perty. Pearsali showed by witness that he bought
u piece Of calico for one dollar irom two pedd ers.
AS there was doubt in the case, the jury gave the
accused the Denent OF IL and acquitted hlm.
John J. LoOney, who was charged by two women
the Goth or December, was found not guilty.
AN ASSAULT UPON A WOMAN.
Michael Kennedy pleaded guilty to an assault and
battery upon Eliza DoSghsrsy on the 2sth o. Decem.
The following Is the calendar for to-day:-rne
People vs. Charles McDermott, rape; Same VS.. John
Costello, robbery; Same vs.. Frederick Lee, robbery;
Same vs. John II. Miller, Augustus Burhard and
Others, robbery; Same vs. Cyrus Butler, burglary;
Same vs. James Currsn, burglary; Same vs. Terrence
Devhn, Jehn Reilly, burglary Same VS.. Louis M Van
Eeten, forgery; Same Henry McCann, grand lar.
T, ceny; same vs. Albert +. Craig, grand larceny
Same vs.. William Barley Henry Russell, grand lar
ceny; Same ys. William Thompson, grand larceny
same vs. William MCGUIRE john Higgins and others
grand larceny Same vs. William II. Guyon, Larceny
| from the person.