The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-03

tho Progress OF the Trial-An Alibi
Proved In Behalf OF smith-The Latter
Acquitted.
Before Judge Ingraham.
The People vs. James Tully and John Smith,
the prisoners were arraigned on an indictment
charging them with the murder OF G2stave Brown
on the night OF the stn of June last. The circuui-
stances attending the death Of Brown, which was
fully reported In the HERALD at the time. were
briefly these Brown and his wife on the evening
named were returning to their home from the
Bowery Theatre, when they encountered some
parties on their way. Brown and his wife were
both drunk. Brown being in very combatiye
MOOD, assaulted, as 1t appeared from the evidence,
almost every person he encountered on his
way, This, unfortunately for him, led to his own
, death Dy Violence Some parties, not reliShing his
conduct, in their turn struck Brown, knocking
him down, and, as 1T afterwards turned out, frac-
turing MS skull. He was raised and carried home
by policeman aided by Tully, one OF the prs-
Oners. He died In about three hours afterwards.
The wife charged Tully with being one OF his
sallants and he was arrested and held to answer.
Smith was subsequently arrested likewise on her
information, and yesterday these two young men
were put upon their trlal
District Attorney Garvin opened the case for the
prosecution. Mr.. William +. Howe defending the
: The evidence adduced was OF the most flimsy ma
turo as against Tully. and by order of the Judge,
ne was discharged early in the proceedings, the
trial OF Smith still progressing.
As against the latter prisoner, as in the previous
case there was not q particle Of direct testimony
-0X0luSC ulLu. some SIX or seven respectable witt
nesSeS SwOre q perfect GDi in his favor, showing
that he could not have been at the scene OF the
murder on the night in question, but was in one
Hamburger's lager beer saloon for some consider
able time before and after the homicide. The
Court briefly charged the jury upon the evidence,
and that body, without leaving the box, returned
Rverdict OF not guilty, and Smith was at once dis
charged, leaving the Court with his friends.
Pleas ana Sentences.
Charles Newton pleaded guilty to grand larceny;
sentenced two years and six months to the State
Prison. Thomas Coob pleaded guilty OF man.
slaughter In killing his wife, and was sentenced to
guilty oil burglary, and was sen fenced to the same
institution for two years and six months. O'Keefe
confessed to burglary ana was sent for two years
to Sing Sing.
The Case OF William M. Tweed.
This morning, In the Court OF Oyer AMI Terminer,
Judge lngraham presiding, the case of The People
against william M. Tweed Will be the first called
on. Mr.. Tweed will be arraigned on the indict-
ment against him, unless counsel have still some
dilatory matters kept in reserve for another days
argument and further postpOnement OF formal
arrangement
Judge Brady and the Court or Oyer
and Termincr.
Considerable surprise was evinced yesterday, on
the opening of the Court Of Oyer and Terminer, not
TO see Judge Brady on the bench. He had expected
to preside this term, and up to the last moment
was ready and willing to do so. The Court will be
presided over Tor the term by Chief Justice In
graham.