The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-14
COURT or GENERAL SESSIONS.

Sixth Ward Rough Sent to tho
Stste Prison for Firing q Pistol at
Citizen I'm the City Hall Park.
The first case tried by the jury yesterday was an
indictment against James Driscoll who was jointly
indicted with James Lowell, charged with feonious
assault and battery upon James Duffy. It seemed
from the evidence that on the day previous to the
assault that an assault was made upon little girl
in front Of the Sun ONCE by q gang Of rowdles
known as the "Swamp Angels" to which 1t was
claimed DriscOll belonged and that in endeavOrng
to protect the girl Colonel Meany and another
citizen were beaten by the Angels Duffy went
to the assistance Of the citizens ana Drisco then
threatened to pull of his side whiskers. police
man soon appeared, and some Of the parties were
arrested. He (Duffy) walked away, and supposed
that was the end OF the matter. Upon the follow
ing day, which was Sunday, he and a friend named
William McCafrey took trip to Red Bank, and
returning home In the evening they accidentally
walked through the Park between seven and eight
O'Clock, and while passing the Hal Of Records
Driscoli and others Of his gang were in the PARK.
Drisc0ll came up to him, put pistol to his head
and said, 81 win Kill you" The prisoner had the
when he was trying to pull the trigger, that the
shot did not take effect. But the complainant fur
Their testified that in the scuffe man fired pistol
THAT shot took effect in his side and the ball was
IN him yet. 1t was subsequently discovered that
the perpetrator OF that crime was James Lowell
cannot be found.
Mr.. Knitting asked the Court to direct the jury
to acqut the accused on the ground that the in
dictment charged two separate felones. His
Honor declined to charge that proposition and the
counsel proceeded to call witnesses for the defence
James Drsco, John Carroll, James Fitzgerald and
John O'Donnell all told substantially the same
story, that on this night Duffy had gang with him,
and as they were about to attack Drisco he said
II they put hand on him he would shoot them.
The District Attorney called William McCafrrey,
and positively asserted that he and Dufy were
quietly returning home through the Park, unac-
companied by any other person, when they were
Onicer OSulllvan testified that at the time OF the
shooting he saw Duffy and McCaffrey when he ran
over and took the pistol out Of Driscols hand, and
there
The District Attorney said that, as the counsel in.
situated that Duffy belonged to the "Swamp Angel'
gang, he wished TO show by the ofiicer that he did
not. On1cer Sullivan stated that he had been in
nor Mccafrrey belonged to the gang. '
The jury rendered verdict Of guilty OF an as
sault with dangerous weapon with intent to do
Judge Bedford In passing sentence said that he
understood Driscol was the leader OF gang OF
roughs in the Sixth ward and In order, II possible,
Prison for five years.
A Notorious Young Thief Sent 70 the
Penftentiary.
Henry Cannon pleaded guilty to an attempt at
grand larceny. The evidence showed that on the
afternoon OF the 10th OF June boy named Patrick
McGloin into the basement OF the house OF John
Leopold corner OF Fifty-second street and Lexing.
ton avenue and stole gold watch chain and
breastpin, the property OF Mrs. Leopold. Cannon
stood at the door while his confederate went in to
steal, and when pursued by young lady they both
ran away. They were arrested short time after
by an officer. At the last term Of the Court Cannon
was tried upon similar charge, when the jury dis
agreed.
Judge Bedford, In passing sentence said 81 re.
greet very much to see boy fourteen years old
n
lice ofncer tells me you belong to a notorious gang
Of thieves, all OF whom are much older than you.
II you had been convicted OF this offence would
have had 10 send you to the state Prison. As al