The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-06

krounu. be bed very much, ana was taken imme-
weeks from the efects OF fne blow. He could not
identify the accused Inc who fred the stone.
TESTIMONY FOR THE PROSECUTIONS CONTINUED.
israel kohn testified that upon the night OF the
occurrence he was sitting bench opposite his
door. and while LlnKonski was s coping from inc
door INTO The passage oil The adjoining aleyway ne
saw the Cnnaman strike him with his hand. but
ala not tnen see stone: he tkohnl look up the
bench 10 protect himself, suDposlng that Apo had
pistol or knife; LinEonski on inc Door; ne
lihe wi!ness) TOOK holo OF the Chinaman and TOOK
the stone from his hand and gave II TO the police
man. THE large stone WAS produced. and the VIII
ness said looked like the one taken from The pris
thtng 10 the accused before he struck, nor were
there any other persons quarreling or fghing; tue
lace OIL the complainant was covered with blood.
POLICE TESTIMONY.
On1cer Glynn stated that the night OF the 9th
Of August he received the stone winch ne produced
from the last wtuess. and 1t appeared TO have fresh
Dloou upon ir wneii he 1.-THE oiicerl arrived al Inc
two en an "e s saw .ne a
wth blood on The lie side the prisoner triea TO get
away py gong through the entryway.
The first witness Tor the defence. Margaret Smith.
testified that on The night vi the occurrence as sue
was gUtng out Tor some uee-, she saw the prisoner
lying underneath stoop, and five or SIX boys were
piaguing ana pulling MIN; one pulled HIM by the
foot and another threw an ola shoe at him; ne got
eXcited, pckcd mp stone, said To them ''Ill Kill
you /" and rushed after them as they ran into the
alicvway the prisoner haliooed that his watch was
broke.
Bella Hatchett SAID that she saw the boys torment.
ing tho Cni0smaa. and afterwards. when inslde sne
heard stone all on the sidewalk, and tne CHINA
man pursued the bows.
Judge Goodlet made a forcbie appeal IN behalf OF
the prisoner and was folio wed by District Attorney
sullivan, who earnestly pressed for verdict OF as
sanlt with intent TO XII! an unonendlng CITIZEN.
Judge Bedford clearly stated the law applicable
to the testimony. anu alter celebrating for a few
SIN as 5d verdict nS q Say o. 40
bodily harm. and not guilty o: tile higher grade OF
mr.. sullivan, in moving for Judgment. gave a
short history OF Quimbo Apo, whose name u per-
fectiy familiar TO every weli-raad CRIMINAL lawyer.
n Wn 40 friAn nd nf Inn rlnr ,f has
wife several years ago and sentenced to DEATH Tue
case was appealed and q new TRIAL granted upon
legal technicdlites; but owing 10 the dlfiiculy VI
procuring witnesses, the ca was not retired. MIR.
Sullivan saiu that ne was cha rged WIN committing
Gent evldcnce he was acquitted. Alter the verdict
or acquitta was rendered Apo had the efrrOntery
to return the money ne was charged with stealing
from The murdered man 10 mis- widow. The prisoner
was bad, reckless, bloody man. and he 1.-THE prose-
culing oncer) ked HIS Honor 10 give him the iuIl
The prisoner made long, rambling statement to
the Judge IN broken English, stating that ne mad
would be very mucn obliged 10 the Judge II he would
not send him to prison.
Judge Bedford IN passing sentence said that
Appo's case was in the law hooks. so that ne was
juucialiy familiar with his past career Ills Honor
SAID lnat he 1t 10 Tins community 10 pnt Apo
out OF the way by nteuclng him to the State Prison
could oe inflicted upon the verde, OF the jury.
NOTORIOUS ROUGH SENT To I HE STATE PRISON.
Peter Burke pleaded guilty 20 an assault with
dangerous weapon, with intent TO do bodily harm.
Tue complainant, Johu Ducey, II appeared was
challenging voters in seventeenth street, between
Ninth aud Tenth avenues at the November election,
ana as he was procerulng with an officer To see II a
man who came to vote at the pois resided In GER
tain specified house he (Duceyl was attacked bv
Burke and other cOn,cicraies. The prisoner struck
him in The forehead with sharp Instrument, innlct
Ing severe wound, which was very near proving
fatal. Uilicers Hil and Noble informed the Judge
that Burke was one OF the most violent men IN New
York, and had been arrested twice for highway roo
bery he was also sent TO the Penitentiary for Six
months and escaped twice from that institution.
Judge Bedford IN passing sentence said That his
duty was very slnlpe and plain. Alter hearing the
statements OF the officers ne would send Burke to
the State Prison for I've years at hard labor.
GRAND LARCENY.
John X. Baker. who on tle Attn OF December stole
$50 IN money from Eugene Malloy pleaded guilty
10 an attempt 1T grand larceny. Reing under TWEEN
ty-one years OF aye, the city Judge seut Baker to
the Pcnltentlary Tor two years anu six months.