The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-08
COURT Of GENERAL ssssluss-pasT 2.
A Housebreak er Sent to Sing Sing for
Ten Years.

Housebrea ker Sent to Sing Sing for
Ten Years.
Before Recorder Hackett.
James Martin, who pleaded guilty on the first
day OF the term to burglary in the second degree,
Was placed at the bar and sentenced to the State
Prison for the period OF ten years.
Another s'Cracksman" Severely Dealt
With by the Recorder.
Michael Donohue. who was Jointly indicted with
William Assellord for burglariously entering the
liquor store of Patrick whte SO Baxter street, on
the 2lst OF April, pleaded guilty. AS Donohue was
also charged with q felonious assault and made IN
attempt to escape from the City Prison, His
Honor gave him the severest penalty the law
permitted him TO impose, which was nve years. i'm
prisonment in the state Prison at hard labor
Patrick Carr and William Wren We're jointly
indicted for
Burglary.
From the evidence Oh the complainant Mr.. Gorm-
ley, who resides at No. 40 Third avenue, and who
keeps q billiard Saloon, 1t appeared that his prem
ises were broken open on the night of the oath Or
March and two sets of billiard balls valued at about
forty dollars, anu several bottles OF champagne,
were stolen.
On examination by Mr. McCleNand for tho
defence, complainant stated that there were fully
twenty thousand billiard balls in the city; one OF
the stolen ones was clipped; recovered the balls
one; cannot say how many Clipped ones there are
James Ccmiske was next examined-He stated
that on the LIST OF April he found four billiard balls
with each OF the prisoners; Mr.. G0rmley Identified
them as his property; at the time got the balls
was under the influence OF liquor, as also were the
prisoners.
The Recorder directed the jury to acquit Wren,
and az there was no evidence to sustain the indct
ment in the case Of Carr the jury returned a yer.
dict OF not guilty.
Felonious Assaxslt and Battery.
This was peculiar case insomuch as there being
no members of The bar present Colonel Fellows both
prosecuted and defended at the same time.
Hugh Montgomery, the prisoner, was charged
with stabbing one Malane, on the 1st OF last Janu-
airy. Complainant stated that without any provo
cation whatever the prisoner stabbed him. IL ap-
peared, however, as IN general in all these assaults
that there was
YOUNG GIRL IN THE CASE,
and that the prisoner who had given the girl a
ring, which inoensed the complainant, who struck
the prisoner first On cross Examination complain
ant stated that he has been arrested on several
occasions, once for highway robbery.
officer Doram proved to the arrest OF the prisoner
at the complaint Of Malanc.
The prisoner, who was then placed on the stand
did not deny the stabbing but said it was in self
defence. After several witnesses as to the extreme
good character of the prisoner had been examined
the jury returned verdict OF not guilty
The Court adjourned at halfpast one.
Alleged laughter-Acquittal Of tho
+ Accused.
The trial OF James Mccartney, indicted for man.
slaughter in causing the death of Edward Carroll on
the 25th OF last December, by fracturing his head
with club, was concluded yesterday, and resulted
in his acquittal The accused it seemed, kept q
liquor store, corner OF Thirty-sixth street and
Eighth avenue, and admitted INJECTING the blow.
But 1t also appeared to the satisfaction OF the jury,
that Carroll was drunk and insisted on getting more
liquor, and that upon Mccartney refusing to accede
to his demand he made an attack upon him, and in
defence OF his person the defendant used the club
defend himself. The jury justified him in the act
by promptly rendering verdict OF not guilty.