The New York herald., 1871-11-11
COURT Cf GENERAL SESSIONS.

Young Highway Rob6cr sent to the State
Pr. r.son-J1d9c Bedford Defines His Position
Regarding Witnesses Kept in the House Of
Deienii0n-f The Foley Homicide.
Before Judge Bedford.
The most important case disposed OF in this Court
yesterday an Indictment for robbery IN the frst
degree against Henry Aschenner and Louis Lep-
pard. The prisoners demanded o separate trial
and the District Attorney chose to try Aschenner
first. The complainant, Michael Frentz testified
that about three O'Clock In the morning OF the sth
OF October he was on his way home, and while
passing through Clinton street was met by the de-
PENDANTS. Leopard took mold OF his gold watch
chain and asked what time II was. FrenJz told hln
let go, that he ana not want TO have any thing to
do with him; wnereupon Leopard took hold or him
oy the r., tSa d maas a, MS hand
the eye. He struggled and screamed for
the pollce, Leopard having succeeded IN gettlng
ing lie identified the prisoners the station house.
Omcer Burns. who saw The occurrence from across
the street, swore that leopard grabbed the CON-
painant in front, and that the other prisoner
''punched" him; that he pursued leopard through
number OF streets ana Jailed TO capture HIM, but
shortly after arrested him in his own house aud
tound the broken chain. The Oificer cOntradIcled
the complainant VINO said tnat Aschenner ran
away the policeman stating tnat the accused stood
Oh the corner. The officer shortly after went to the
prisoners house but did not ind him in. Upon
returning, however, later III the morning lie found
nm there and made the arrest.
The prisoner was sworn in his own behalf and
~
the people. lie said that leopard and he anu the
officer went into lager beer saloon played dice
the corner and talked to the complainant. lie
Jeopardy struck the man, who followed him. ana
Wnlle lie was CHASING MIN ne tthe prsoner) struck
FrentZ.
Witnesses were callel to prove Aschenner's good
character, ana u certificate was read from his EN-
ployers, Messrs. VosburGu Co., showing tnat he
had been steady workman for live years.
ohcer Burns was recalled and positively denied
the statement OF the prisoner that he went in TO
drink with him. the Court suspended the trial for
tnree-quarters Of an hour TO enable the counsel to
bring the lager beer saloon keeper 10 prove the
oficer was III there. Christian Walz arrived and
swore that the onlcer and the men came into his
place and played dice lor lager beer On cross
examination IL came out that the Oficer mad com.
plained against Walz ana his partner ior violating
The jury rendered q verdict Of guilty, coupled
with strong recommendation to mercy. Judge
Bedford said ne would respecs the suggestion OF the
jury and impose the lowest sentence, which was
Imprisonment in State Prison for i've years.
REMARKS OF THE COURT ON THE DETENTION OF
WITNESSES
Judge BEDFORD said:-I am going to follow the
excellent suggestion made by Judge Barnard, OF
the supreme Court, which believe to be eminenty
proper, that all cases where witnesses are confined
In the House OF Detention must nave preference on
the calendar; and whenever the accused who may
promptly forfeited. The practice OF locking inno-
cent men up because unable, by reason or their
poverty, To lind security for their attendance In
court Is a great hardship, and shall do every
thing In tins Court TO relieve Them
Judge Bedford has touched an evil In our Judicial
system which, II ID hoped he VIII lend all his innu-
eEce 10 eradicate.
Francis Lynch pleaded guilty to an assault, with
intent To commit robbery, the charge being that on
the 10Th of October be assaulted Bernard II.
Fenken, while passing through Chryste street, and
snatched O gold watch. HIS Honor remanded INN
for sentence.
PETTY LARCENY.
Robert Norris, VINO, on the 18TH OF october, stole
a silver watch, valued at SIS, from Ira J. Loucks
pleaded guilty to petty larceny, and he sent 10
the PenitentiarY for SIX months
BOY PEDLER ACQUITTED OF CHARGE OF STAB.
BfN0.
John Fries. youthful pedler OF lemons, was tried
for staDDinga p0y, named Jonn Becker, with small
the accused was attacked and beaten by q crowd OF
boys, and that he was justified in defending nim-
SELL verdict or acquttal was promptly rendered.
A ONK-ARMED SOLDIER ACQUITTED OF AN ALLEGED
FELONIOuS ASS AULT.
Malachi Buckley was placed on trial charged with
perpetratng fel0nl0us assault and battery upon
Michael Glennin on the 4th OF last september. Tne
comp ainant, VINO was q watchmaD connected with
the Hudson River Railroad depot, testlled That on