The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-21

cOrdcr's Branch OF the Court-The Recorder
Claims He is Right and Judge Daily il
Before Recorder Hackett.
After the transaction OF some preliminary busl-
ness, Assistant District Attorney Fellows was about
proceeding with the trial OF william Dennis and
Mary Florence, charged with abduction, when Mr..
Howe, counsel for Dennis, moved that no testimony
be admitted In the case, on the ground that this
Court as at present organized, has jurisdiction
to try any case. Among the reasons assigned for
this motion were ese:-That the Recorder issued
an order directing that Judge DAILY, who was
Judge Otc,O OF the General Sessions, should pre-
side upon the trial OF the Mayor; and that II that
order be Of any effect, That was the only court now In
session. Counsel believed that Judge DAILY stated on
Tuesday that hts was the only Court OF General Ses-
sions now legally In existence. If this ruling be
correct then Judge Daly's Courl Is properly organ
ized and consequently every prisoner tried before
the Recorder would be entitled TO his discharge.
THE RECORDER ON THE SITUATION
Recorder Hackett IN overrullng the motion said
ne had every respect for the rulings OF his colleague
Judge Bedford In extending the term Of the Court
for the Grand Jury to continue Its proceedings, but
he differed With him as to the power to do so; and
were it not for subsequent legislation egalizng the
have been void His Honor further stated thai he
had very great respect for the opinion OF Judge
no Court OF Sessions in existence except the one
upon the death or the Juror the power Of Judge Daily
to further hold the Court ended.
Alleged Abduction md AcquittaI.
The trial Of william Dennis and Mary Florence
was then proceeded with.
Caroline Ii. Moore, young girl. about thirteen
years od testified that she lived with her aunt at
7G7 Sixth avenue; that on the morning OF the 18th
OF December. while going to school, with ner school
books under her arm, sne was met by Dennis in
Sixth avenue whom she had seen twice before),
who told her that there was schoolmate Of ners IN
a carriage waiting to her; THAT she stepped Into
the carriage, which Was empty; that she was mme-
diately followed by Dennis, who placed O handker-
cIief saturated with Something to her mouth. rem.
dering her insensIble, ana when she woke up she
found herself In shanty In Twenty.fourth street,
near Eleventh avenue; That during the day Den.
mis- returned ami took her to q house In Twenty.
sixth street and repeated the application OF the
handkerchief to her mouth.
The girl was cr0ss-examined at great length and
In such searching manner that District Attorney
Fellows abandoned the prosecution, and the Jury
rendered verdict OF not guilty without leaving
their seats.
Pleads Guilty.
Mortz Rosenthal, who pleaded guilty to an at
tempt at grand larceny. In stealing silver watch
and some clothing on the 26tn or February, the
property OF Meyer Rosentnal, was sent to the Peni
Tertiary for one year.
Acquitted.
George Lawrence was tried upon q charge OF
stealing pocketbook, containing IS. from Cathe-
rine Shatzlein, while she was getting on Blocker
street car; but the complainant falling to identity
the accused, the jury rendered verdict OF MOI
Robert Demo and Edward Costello were also
promptly acquitted OF charge OF stealing set or
ber the defendants showing that the complainant
hired stable from them, that all MS property was
attached, and that the harness claimed 10 be stolen
was never taken from the premises,
Thomas Cosgrove, chat ged with stabbing Lewis
Olmstead with knife on the oath OF February, was
tried apl declared not gqNky NJ AaYlpg eslaeasAsa