The New York herald., 1872-12-21
THE CASE OF DUTCH HEINRICHs.
The Trial Moved On-Counsel Succeeds
I'm Getting POstponement TIL the
January Term-The Laws Delay.

The Trial Moved On-COunsel Succeeds
in Getting q POstponement TIL the
January Term-The Laws Delay.
At the opening Of the Court Of General Sessions,
Recorder Hackett presiding, Mr. william F. Howe
moved for an adjournment or the trial OF Henry
Newman upon the ground OF the absence Of
material witnesses II will be remembered
that Newman, alias Dutch Heinrichs was
tried in this Court during the Summer and
convicted, but Mr.. Howe took q number
of exceptions and with characteristic zeal carried
the case to the Supreme Court, General Term, and
succeeded in procuring new trial. Mr. Howe, in
support Of his motion for postponement said that
the two absent witnesses we're James H. Shining
ton and James NJ. TiIley, both detective oficers OF
this city. The defendant is accused OF stealing
some bonds on the 10th day OF January, In an once
on Pine street. between the hours OF eleven and
twelve O'Clock. II could not be contradicted that
at that time the defendant was In the actual Gus
tody Of Simington, who was detained upon suspi-
ci0n or larceny, and Detective Tilley saw him in
simington's custody. Detective Tully would also
been said as to the antecedents Of New.
man, ana he (Mr. Howe) was aware that the
Court was tho Board OF Brokers In wall street; but
he had yet TO learn that in this any other Court
they have any more rights than the meanest boot
black who should black the boots Of the prose
cutors. Alter thorough investigation OF the facts
he fMr. Howe) believed Newman to be innocent of
the charge, and that there might be no mistake In
this case he Uhe counsel personally served the
Witnesses already named, who were now absent
upon Official duty. Newman is ready and ANXIOUS
for trial and he would try the case any day next
term that His Honor might designate. All that
society, law or justice asked was fair
trial for this man. the prosecution
State Prison; but II he be Innocent. though
It were Ruon himself resuscitated from the grave
he (the counse apprehended that His Honor
would decide that Newman shall only be convicted
upon legitimate testimony alter he has had an
opportunity to interpose his defence.
the counsel be required to file On allidavlt embody
Ing that statement.
Mr.. Howe had the necessary affdavit ready,
which was fled and thereupon the Recorder
ordered the case to be adjourned till the January
term.
The GIFT Concert Lottery Case-Dcmurrer
to the Indictment.
Assistant District Attorney Sullivan called the
attention OF the Court to an indictment against
George Woods and Morris Harris, charged with
violating the laws against lotteries, and said the
defendants were on bail, not having pleaded. A
Mr.. sullivan claimed that the Indictment was per-
fectly In accordance with section thrtyfour OF the
second revised statutes. Mr.. Howe said that his
associate would submit written points. He simply
contented himself with saying that the defendants
was charged with getting up concert, to be given
being 81. Having paid that, there was an end Of
the contract. The defendant, as an lnducement to
people to purchase tickets, presented some gilt
such as pair OF sleeve buttons, q watch or eome
other article, His Honor took the papers and re-
served his decision.