The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-07
COURT Of GENERAL SESSION..

A Homicide Cn~o OF 1hroe Years stnndinx-
Prompt Acquittnl Of the accused.
Before Recorder HacKett.
At the opening OF the Court yesterday Assistant
District Attorney Fellows called the case of Robert
W. Hopson charged with shooting Henry c. Lyon,
at liquor saloon IN South street. the 9th Of Sep
tember 1863 The defendant was genteelly dressed
anu occupied seat beside his counsel dr. Will
liam II. Howe. Although the occurrence which
resulted in the death Of Lyon created con-
siderable excitement at the time the in
tervening period between 1t and the
trial was so long that there no delay In getting
a jury. Mr.. Howe waived every tecnicaity, believ-
ing that he had good defence upon the merits, and
the speedy termination OF the case IN favor OF his
client proved the correctness OF his belief. After
brief opening MIR. Fellows called John CALVIN, who.
at the time OF the transaction, was Darkeeper In the
saloon OF Henry O. Lyon 81 South street, He testified
tnat mere were number OF men IN the saloon on
TINS night, and Mr.. Lyon was about bidding them
good night. to go home, wnen he phe witness) ot-
served Hopson and Lyon talking at the bar a nan
said 10 MIN, John they are growing again, can't
you stop H." meaning Lyon and Hopson; the
witness looked and saw Hopson step back and put
his hand behind MS back If TO draw pistol out
OF MS pocket, at the same time using very bad Ian
guage 10 Lyon; the witness CALVIN then took hold
oil hin by the LETT hand and heard sound, winch
must have been the striking OF HopsOn win an um.
preila Dy Lyon, which ne dd not see, but OF which
ne subsequently heard; the witness was looking
down for the pistol, and as he ala he saw the fash;
Ohcer Goodwin came IN anu he told hun To take
the prisoner In charge, that he mad shot Lyon; o
carriage could not be had, but q stage was char.
tered ana the wounded man was taken to the City
Hospital, where he died that night
Robert +. PawsOn, another barkeeper, gave
similar account OF the tray and testned that Lyon
struck the defendant two or three times on the
guage to each other. Alter the firing OF the pistol
Lyon SAID, my God l am shot; he snot me;' he
did not s:agger or iall.
Oiicer GOodwln testified as to the arrest ana
said he believed when the accused was brought to
the station house he said he snot Lyon III seIf-de-
fence.
George w. Isaacs said that Hopson and his wife
used 10 visit Lyon and mis- family. and that between
occurrence Hopson threatened to shoot Lyon, ana
that he usaacs) TOOK the pistol from him.
Mr. Howe consented that the deposition Of the
that the deceased died from pistol shot wound
and admitted that the shot was fired by Hopson.
THE CASE FOR THE DEFENCE.
The counsel made an effective opening to the
jury, stating that he would show that the accused
for the deceased was not only dangerous cnarac-
ter, but provoked the defendant by applying his
wile and relations the most opprobrlous. epi!hets
that could be Used towards any fcmae. Mr.. Howe
dwet upon the sacredness or the domestic rela-
TONS and expressed the belief that the jury would
guilty without leaving their seats. The first witness
called was Timothy Monahan, who was IN the saloon
at the time Of the occurrence and said he observed
heard Hopson tell LYON he did not think 1t was so,
Whatever a ~ was ne was speaking to him about;
there to his barkeeper and got bottle Of GIN at
81 so, and did not pay Tor it; Hopson took a note
hand, and struck Hopson on the mead with It; Gal.
YIN. barkeeper, came from behind the bar and
did NOT see the prsoner point the pisto. '"o'' ou'
Frederick Porter's evidence was to the same
effect He saw Lyon strike Hopson upon the head
with an umbrella two or three times
Robert W. Hopson testified In his own behalf that
ne had been in the employ Of James McCreery
Co., Broadway. Tor the last SIX months; that on the
evening OF the occurrence he went to 81 South
street to meet Mr.. Weeks by appointment and
while there Lyon came in and shut the front door
OF the saloon, when he ULyon) stated that MS
thopson's) wife got bottle OF GIN; he knowing the
o IT, e Ie ola out S
against Hcpson;s wife anu %oiner,s sasct.
whereupon Lyon took uD large and heavy UNI
treating towards the door, whereupon CALVIN came
from DenInd tine bar and plni0ned his arms, at
order to rrlgbten him. and it accidentally went of
week before the occurrence The defendant pro-
he resdedi in Rockaway and was compelled to re-
turn nome at night.
w william Moser, Joseph ) A; Miller George 9. Soho
employ the accused had been for fifteen years. les-
tined TO his previous character Tor peace and quiet
Mr.. Fellows and Mr.. Howe agreed to submit the
case TO the. jury under HIS Honor's charge, which
OF not guilty without leaving their seals.
LARCENY FROM THR PERSON.
NJ mnom ON, P }sa daring looking young fellow,
man, stated that on the 10th Of January, while re-
turning from Central Park, about nine O'Clock, ne
was met IN Twenty-ffth street by q crowd OF young
men. Inc prisoner called him John and shook
hands with MIN, and put his hand in
MS (the complimentary pantalo0ns pocket, nut
did not take anything nor did he use any Violence
to him. While DAWN was wrangling with him one
OIL the party LOOK MS silver watch, worth $40. The
jury convicted the prisoner OF petit larceny from
the person and the Recorder sent him 10 the State
THkFT OF SURGICAL INSTRUMENTS.
0e0rRe GernbaCh pleaded gulity 10 grand laroanx