The New York herald., 1872-12-06
COURT or GENERAL SESSIONS.
A Shooting ARRAY i'm First Avenuc-Dis.
charge NJ the Prisoners.


Before Recorder Hackett.
The first case tried yesterday was an Indictment
for ielonious assault and battery against Thomas
Kenney, the complainant being Thomas Costello
keeper OF a porter house, corner OF Twenty-ffth
street and First avenue. He swore that the oath
Of October while entering his store he was shot at
by Kenney, without the least On cross
examination 1t came out that Costello had been
arrested frequently, and that he was arrested on
the charge OF numbering Mr.. Nathan, but dis
charged. The officer in the case sw0re that Cos
telos place the resort of dis0rdery characters.
whom was respectable young man, natly contra
dcted COstelo's story, testfying that Costello
turned round and shot at Kenny and his COM
panion, Edward Horan.
The jury rendered verdict Of not guilty without
leaving their seats.
The District Attorney fled an Indictment against
Edward Horan, growing out OF the same affair, and,
with the consent OF the Court, Horan was dis
charged.
Case OF Mistaken Identity-An Excii-
ing Scene in Cour,.
Frederick Garland, a youth, was tried upon a
charge OF robbery. Miss Hilda Siebenchen testified
that on the 18th OF October after she got out OF a
car on the corner OF Thirtyfith street and Second
avenue, she was seized and held by Garland and
his confederate snatched pocketDock out OF her
hand which contained $1l. The hoys escaped, but
next day Garland was arrested by detective
upon description given by the complainant. She
said that she had seen the prisoner at the corner
on two or three previous occasions and was sure
he was the young man who participated In the
robbery.
Counsel for the prisoner put him on the stand,
lie and that she was mistaken. A brother OF the
accused was told to stand up and Miss Sebenchen
re-entered the witness box ana exclaimed, "Oh,
| that Is the young mani" She subsequently said
she could not positively swear which OF the
brothers held her. Under those circumstances the
OF not guilty. In discharging Garland His Honor
minated that from his antccedents 1t was proba-
Prson and ha this escaSe Would 'ne be
a warning to him. This episode relieved the
monotony u the proceedings, and when the two
Identification the spectators manifested consider
able merriment
Ora nd Larccnies.
Barney Walsh pleaded guilty to larceny from the
person, the indictment charging him with steal
ing, on the 7th of November, a gold watch chain,
worth S65, from John Rahe, while walking through
Spring street. Four years and six months hard
labor In the State Prison was the sentence pro-
nounced by the Court.
James Ward, who on the 2Ith OF October stole a
gold chain valued at $40 from the person Of Thomas
Mcclure, in Third avenue, pleaded guilty to an at
John Connors, being indicted for stealing gold
watch and chain valued at $50, on the 2lst OF sep
tember from Dorencc b. Pitts, pleaded guilty to
John German, who was charged with burglari-
onsly entering the premises OF Peter kohler, l42
ing $50 worth OF tools pleaded guilty TO an attempt
at burglary in the third degree
These prisoners were each sent to the State
Prison for two years and six months. william II.
Clark, against whom was charge OF larceny, IN
stealing clothing valued at saS on the nth Of Sep
sent to the Pcnitentiary for six months.
Conviction of n Car Pickpocket.
| Patrick Verify and John Larefty were tried upon
an Indictment charging them with picking the
! pocket oJ Ellen Courtney on the 4th OF November