The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-11

Alleged Perjury by u Respectable Law
yer-Thc Prosecution Abandon the Case
and the Jury Promptly Acquit the Ac-
cusei.
Before Recorder Hackett.
Most OF yesterdays session was occupied in the
trial OF an indictment found against Joseph M.
Dixon, a member OF the late firm Of Cheney &
Dixon, lawyers, charging him with perjury. The
bill was founded on the complaint of Ann Daley
and her sisters, ROsanna Murray and Catharine
Daley, who alleged that Ann Daley was never
served with a summons In a foreclosure mortgage
case, in which they defendants. on the 4th or
April, 1871. Mr.. Dixon counsel for Emil Gabler
the purchaser Of house in Wyckoff street, Brook
Ign, upon which were three mortgages. one Of
which was owned by Rosanna and Mary E. Murray
who transferred it to her sister. The women were
witness for the prosecution, and swOre that Mr..
Dixon could not have personally served the sum-
mons upon Ann Daley on the 4th Of April, 1871, be-
Hampstead, from Albany, testified to the same
effect, but on crosse Examination SHE could not tell
definitely when Ann was in Albany, while witness
herself seemed to have been person very familiar
with police courts.
The other female witnesses when crossexamined
denied important statements made In afidavits
which they admitted they had heretofore signed
For the defence Mr.. Joseph M. Dixon gave a de-
tailed statement OF the transactions he had with the
complainant and the manner in which he served
the summons upon her on the 4th of April, 1871
His testimony was corroborated by Edgar Whitlock
w. d. IL
the Office when the complainant was there and
served with the papers. William +. Osborn and
Edward 2. Lawrence also gave testimony which
cOntradcted the witnesses for the prosecution.
The case was suddenly brought to close by
Messrs. Blankman and Shafer, who stated that
there were numerous witnesses in attendance to
impeach the character of the complainant and her
witnesses, and to prove the high standing of Mr.
Dixon, the defendant. The testimony OF these wit
nesses was deemed unnecessary In view of the
damaging record established virtually against the
complainant.
the prosecution by stating that II he were on the
jury, under the evidence adduced, he would render
o verdict OF not guilty. His Honor the Recorder
said that he coincded with the District Attorney In
his views, and the jury pronounced verdict u
acquitta without leaving their seats.
To THE EDITOR OF THE HERALD
In your issue Of the Sd inst wide circulation was
given to a malicious and groundess accusation OF
perjury against me which, without any prejudice
on your part, tended to injure my reputation.
made no reply at the time, believing that the
vindicatlon which would follow a full investigation
upon the trial OF the charge would be better and
more powerful response than any l could then
make myself. That prompt investigation which
S ;ttoi no" h;h 10y dp anu .h tue o. me-
Court of General Sessions without leaving their
seats Is the fullest vindicatiOn can ask Relying
upon your sense OF Justice request the insertion
OF this note In order that, as the charge itself
made public, 30 also may be its REPUTATION. Your
obedicnt servant, JOSEPH M. DIXON.
n ftOuseDTe0Aer Sent 10 tne state FrnSOn
for Fifteen Years by the Rccorder-A
Warning to Burglars.
Thomas Mcdonald pleaded guilty TO burglary in
the first degree. On the night OF the 80 instant
the prisoner was caught in the house OF John Lob
dell, 143 West Twenty-second street. He entered
the premises by the basement and was caught by
Miss Lobde In her bedroom. She gave the alarm,
and her father pursued and finally caught him and
handed him over to an officer The burglar had
possessed himself OF $50 worth OF jewelry. A
Jimmy" was afterwards found in the house, and
he wore pair OF india-rubber shoes, showing that
he was q professional housebreaker. lie said that
he was eighteen years old and came from England.
The Recorder told Mcdonald that he saved hve
years by pleading guilty, and sent him to the state
prison for fifteen years at hard labor.
Burglars and Thieves Sent TO Sing Sing.
John Carey and Peter Doyle, charged with steal
ing roll OF carpet on the I'd Of May valued az sos,
the property of Hiram Cohen. rs Bowery, pieadeu
guilty to an attempt at grand larceny.
Charles Brown also pleaded guilty 10 the same
grade Of crime, the allegation being that on the
oath Of April he stole 500 worth Of wearing apparel
from Louis Spiro. A. -, o..o,,,,. :,
bnrriary In the third degree the Indictment charg-
ing that on the LIST of May ne broke into the gro
ccry store OF Joseph Cronien, % Mulberry street,
and stole $500 in money.
Edward and Thomas Riley, charged with burga-
yiously entering the premises ri Theodore Koeppeps