The New York herald., 1871-03-15
COURT OF GENERAL sEsslols.
Before Cunning s. Bedford, City Judge
HOMICIDE IN WEST HOUSTON sTREEr.

HOMICIDE IN WEST HOUSTON STREET.
Assistant District Attorney Fellows put Thomas
Virgins, q cOlored man, at the bar for trial, the
charge being that on the 7th OF September last he
struck Joseph Flynn blow on the head with an
iron bar, innicting wound which resulted in his
death on the 9th OF the same month.
The first witness examined for the People was
Louisa vogel In the employ Of Mr. Miller, who keeps
furnishing store at the southwest corner of Broad
way ana West Houston street. The workshop is in
the rear; the prisoner was employed as porter; on
the 7tn OF September, between five and six O'Clock IN
the evening, man came in and asked the prisoner
If that was q laundry; he said 1t was not and told
prisoner, who upon returning said that the stranger
struck him first and he returned the blow; there
was an iron bar there used to fasten the door.
Bridget Wynne, also work girl, gave similar tes.
Captain McDcrmott. at that time connected with
the Eighth precinct testified that the 7tn Of Sep
tember last a man was brought to the station house
suffering from scalp wound IN the back part OF
the head; he requested the captain to have his
wound dressed. and the district surgeon was sent
for TO attend TO him; Flynn returned to the station
house that night and he sent him to the hospitals on
the 27h OF tnat month he was notified by the COrO-
that Flynn had died Ill the hosptal the prisoner
came into the wsrkshop Of 6O9 Broadway and in
quired II that was laundry; the prisoner said 1t
was not; me deceased went into IN the alleyWay and
his lthe prsoners face: that he lost his temper and
picked up the IRON bar and struck Flynn, who fell
three feet seven inches long, TWO inches wide and
two and half inches thick.
BY consent Mr.. Fellows read the deposition OF the
house surgeon at Bellevue Hospital, which stated
that Joseph Flynn was received INTO the hospital on
The 7th of September and was suffering from scalp
wound one inch and q half long, and died on Sep.
temDer 20. fa.
Counsel for the prisoner claimed that there was
proof OF the death OF the person alleged 10 have
been struck by the accused. This point was under
disc tussion for some time, and the argument culmi.
mated III Mr.. Howe c0nSentng to offer plea OF man
slaughter Ia the third degree, with the understand
that he should have time to prepare affidavits OF
good character and q statement by the prisoner Of
the TRANSACTIONS
Mr.. Fellows said that as he believed the jury
in the third degree he would accept that plea A
juror was Withdrawn and the plea recorded.
Judge Bedford directed him to DO remanded till
Friday, when sentence will be Dronounced
ALLEGED LARCENY.
John Arnsom and George Tinkham, sailors, were
vessel Pride OF the Ocean on the 22d OF February.
There was legal doubt In the case, and the Jury
rendered q verdict OF not guilty.
Judge Bedford stated that these men might he
wanted In the case OF E. ]. Anderson who has been
indicted upon q charge of defrauding them out OF
some money. His Honor felt 1t TO be his duty to
detain them for day or two In the House of De-
entiOn, 80 that the District Attorney may work up
the case and come to definite conclusion, and II
they have sufficient legal proof then to proceed
otner hand they are satisfied public prosecutors
that there Is not legal evidence these men can 90
sea and end this specific charge against Anderson
Fanny Sears, girl Of the town, was tried upon a
charge OF stealing silver watch and fifteen dollars
in money from James White on the 28th OF Decenl-
the jury, without leaving their seats rendered g
verdict OF not guilty.