The New York herald., 1872-04-24

Case-MotiOn by Mr.. Howe to Bail
Hayes Granted by Judge Bedford.
Before City Judge Cunning S. Bedford.
At the opening Of the Court yesterday Mr. Howe
said Your Honor will permit me to remind you OF
the announcement that you made IN reference to
the case of Hayes indicted for homicide. desire
again to call your attention to the fact that this
complainant, Rochester, had been living for four
years Immediately prior to the finding of this in
dctment next door to Hayes, and was daily assO-
ciate Of his, and that it was not until Roches-
ter attempted to blackmail him and he
resisted tnat TINS complain was preierTen crt
to be put in motion to gratiy the Vaccinations or
blackmailer. Hayes is entitled to bail in the very
lowest amount that can be named, either In $500 or
$1,000.
Judge Bedford said:--I have considered all the
circumstances surrounding this alleged homicide,
and after careful consideration have concluded
to bail Hayes. shall fix the amount at the sum OF
$4,000, believing that that will be sufficient guar
Mr.. Howe-I thank Your Honor for that decision.
In the course of the day the bail was given,
Messrs. Thomas Shells and Richard Walters becom-
ing the sureties.
An Attempt to Shoot the Janifor of the
Metropolitan Bank by the Engineer of
the Building-He Is Convicted and
Rcmanded for Sentence.
Michael Farmer was arraigned upon an indict-
ment charging him with felonious assault and bat
terry. Before the jury were sworn the complainant
intimated to Assistant District Attorney Sullivan
that he did not want to be too hard upon the de-
fendant and under these circumstances the prose-
cutting officer was willing to accept minor plea,
which would have left the punishment in the dis
cretion of the Court The liberal offer was declined
by the accused, who demanded trial; but, as the
sequel showed, it was unfortunate for him that he
did not plead guilty to simple assault and battery.
The testimony for the prosecution would have es-
tablshed an indictment for murder II the complain
ant had been fatally wounded
Thomas Mcguire testified that he was the ianitor
of the Metropolitan Bank, at 10S Broadway; that
the defendant was the engineer In charge OF the
boiler and was discharged upon the day in question:
that the evening of the 10th of March the witness
bell he gave the key to his wife, who with one ofthe
other girls went down to let Farmer in; when the
prisoner = came up he said Are % you here, & Tom % y,
him on the stairs when he Narmer fired the pistol;
he the fash, heard the whiz over his head and
the smoke went in his eyes; when he fired the wit
ness went into his room, and although the prisoner
said, "COme out again" he did not, but locked the
door.
in the office of the bank between one and two
O'Clock in the morning, and produced a loaded re-
volver, one barrel being discharged, which he
found in the possession of the accused. Patrick
McDermott, an employe in the building said that
he there on the night OF the occurrence but did
not see the shooting He heard some noise up
stairs, and said that after Farmer came down with
mattress to sleep in the bank, as he always did,
he said to him (McDermotD that the revolver went
Eliza Crary deposed that she lived in this build
ing, and upon the. night in question she heard Ma
gure go up stairs she was In her room and did not
see him, but distinctly recognized his voice; she
heard him say, in a violent and loud tone,
s.Magure, come out; i want yOu;' he stood for
minute or two, and ordered him out again with an
oath and said, .If that got through your head you
are dead man in minute;' the prisoner said If
he got at him he would live one minute, and went
down stairs; Mcguire did not go out OF his room
Michael Farmer, the defendant, gave his version
of the affair. He said that after being let in that
mic no W
ant that he was there previous to going to bed In
the bank and while going up was looking at the re-
been furnished by the bank for the use of the
watchman; he called to Mcguire for the Key OF the
sas doVr vent on 'e orr He aSmed tha he was @
excited at the time, but denied using any threats.
On cross-examination he said that he gave the
President notice that he would leave II not taken
from Maguires control, because he (Maguire) was
interfering In his business.
The counsel was permitted to read certificates
furnished the accused by former employers testify
ing to his good character
1he Jury rendered a verdict OF guilty OF an as
sault with dangerous weapon with intent to do
On motion of Mr.. Mott, who was called into the
case in the absence OF the prisoners counsel, SEN
tence was deferred.
Grand Lnrccnics.
George wlett, indicted for stealing gold watch
valued at $780, the 30th OF March, the property OF
Louis Schneider, pleaded guilty to an attempt at
grand larceny and was sent to the State Prison for
two years and six months.
Phillip Burger, who on the Goth Of March pleaded
guilty to stealing a harness worth $780, owned by
Henry Wilker pleaded guilty. State Prison one
year was the sentence.
Acquittals.
John Henry was tried upon charge OF breaking
into the liquor store OF James Dunngan, o5 Tenth
avenue, on the 9th OF February, and stealing SIS
worth of cigars A verdict Of not guilty was rem
dered
James Kelly, Water street Junk dealer, was
tried for receiving canvas truck cover, valued by
Its owner, william Murphy, at $40, knowing 1t to
have been stolen. boy named William Ryan
swore that he and another boy stole " and sold 1t