The New York herald., 1872-10-26

OlHcu3fBe.
Decisions.
= Day vs.. Day.-Gounsel fee OF 500 granted No
alfmOny is granted on these papers, but plaintiff
may renew motion on some proof OF the truth OF
Mahoney VS.. Gilmore e-Reference granted.
COURT OF GENERAL SESSIONS
An Old OMonder Convicted OF Robbery
and Sent to the state Prison for Twenty
M Before Recorder Hackett.
The first case which Assistant District Attorney
Sullivan presented for the consideration Of the
jury yesterday was an Indictment for the serious
offence Of robbery in the first degree preferred
against John Warren. who had not very pleasing
physiogn0my.
John stravoss, q Greek mot Johnny the Greek'D,
was the complainant. He said that on the night Of
the 18th OF September, between half-past nine and
ten O'Clock, while passing through Elizabeth street,
near the corner Of Canal, three men attacked him.
one taking hold Of each arm, and while so held the
prisoner stole his pocketbook, which happened
to only contain 81 O5 As soon as he screamed
"p0licen the men let 90 their hold and ran away.
The complainant pursued Warren who was ar
rested BY policeman few minutes after the oc-
currencc. Counsel for the prisoner called up a
strange, and asked the complainant If he re-
street that night from Lestrange and he said he
ana not, and also denied drawing a knife ON the
Onicer Beam stated that ON the night OF the 18th
september he heard the cry OF Police" and saw
the :, prisoner running nom the corner
plainant, who cried, .This man has robbed
me;' Warren ran Into the officers arms,
tuted a search for the pocketbook, which was
missing, he having rid himself OF it previous to
being captured The only witness for the defence
at No. 80 Elizabeth street, that on this night Stra
voss got drink there and said he did not have
and saw an alteration between Warren and Stra-
voss. The witness saw the complainant kick the
prisoner and attempt to draw something out Of his
pocket; they had scuf1e, and in a little while
the complainant hallOOed Murder, watch!" after
which the officer ran from towards the Bowery and
ofiicer that the complainant was the man who
ought to have been arrested. The witness SAID he
had known Warren only month.
Omcer Beam, who has been on the force twelve
years, and who appeared to be very intelligent and
sel-possessed, was recalled, and positively contra
before; that he made no such remark to him as he
swore to; that the prisoner deliberately ran into
his arms, and, in addition, SAID that the place
Lestrange claimed to keep was resort for thieves
and prostitutes.
The prisoners counsel very prudently refrained
from putting him on the stand, fearing that the
ugly fact would be brought out that MI. warren
had served two terms in the State Prison.
The Recorder delivered, as usual, fair and i'm
partial charge, leaning rather towards verdict
OF larceny from the person than the higher crime
VI
OF guilty OF robbery in the rst degree His Honor,
with characteristic prOmptness, sentenced War
rem to the State Prison Tor twenty years at hard
labor.
Matricidc--The Prisoner Sent TO the State
Prison for Two Years.
Joseph Dykes was put on trial. charged with
mansaughter in causing the death OF Margaret
Dykes his mother, on the 10Th of August Mr..
Kintzing, who defended the prisoner, consented
that the testimony taken at the Coroner's inquest
might be read to the jury as evidence, most OF the
witnesses having failed TO answer to their names
when called. 1t would appear from their deposi-
tions that Mrs. Dykes lived at the tenement house
often got drunk and beat his mother; that on the
14th or August man prevented him from striking
her, and that on the following day, when the
black and blue and marks of violence
upon different parts OF her BODY. She had him
arrested for assault and battery. The deceased was
admitted into the Bellevue Hospital on the 10th Of
August suffering from extensive cOntusiOns, and
e aed oI Gays siat s AND
by external injuries combined with Brght's disease
oil the kidneys.
zng preferred not to run the risk Of the possibility
OF a conviction Of manslaughter in the second de-
gree by offering to plead guilty to manslaughter In
Mr.. sullivan and the Recorder consented to take
that plea, and Dykes was sent TO the State Prison
Assistant District Attorney Sullivan has had a
homicide case placed on the calendar almost each
day during the term, and thus far number OF them
have been disposed Of after o careful examination
Of the facts, in an intelligent and satisfactory
ner by the prosecuting officer ana Recorder Hackett
A Trio Of Innocent Alleged ..Cracksmen."
John O'Brien "a boy) was tried upon charge Of
burglariously entering the liquor store OF John w.
Bowling, Il Eighth avenue, the 10th OF May, and
stealing $50 worth Of cigars.
The officer swore that when he arrested o. 'Brien
he said be would put headn on his accompice for
sssquealingn on him.
Mr.. Kintzing raised the point that the prOsecu.
ton failed to produce the owner OF the property or
any competent witness TO prove the burglary.
The Recorder held that the objection was good
and directed the jury to render verdict or not
guilty. In discarging O'Brien His Honor said 'YOu
will be here In very short tyne again: -
John Langdon and Henry Merrill were also tried
and acquitted, the Indictment alleging that on the
9th OF september they committed burglary upon
the residence Of Henry d. Rolph, 7l6 Filth avenue
pointing to the connection Of the prisoners with
the crime was that the clocks were found at q dis
reputable house in West Houston street which
they were in the habit Of frequenting. Mr.. Price,
who defended the accused, did not hurt his case
by attempting 10 prove the innocence of his clients
who were acquitted by the jury.
JEFFERSON MARKET POLICE COURT.
Dead I'm the Prisoners Box.
On Thursday afternoon German named Augustus
Billinger, apparently about fifty years OF age, was