The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-25

at the last session OF the Court, when he
agreed to proceed with the trial of this case, he
took into consideration the fact that the Hegg
murder trial, on which he was engaged in the
Court OF General Sessions. would be finished before
this; but unfortunately the sickness OF juror had
delayed the trial. He had all the witnesses ready,
dd NOT his in the
preclude him from the possibility OF doing so. He
regretted being compelled to ask further delay,
but the necessities OF the case compelled him to
ask OF the Court an adjournment of the case till
next Monday.
Mr.. Lyons replied that 1t was melancholy fact
that with the exception OF two cases all the prison.
ers now confined In the TOmbs under indictments
for murder had retained Mr. Howe as their counsel:
AS to the application for another pOstp0nement OF
this trial he wished that the Court would announce
to Mr.. Howe that he must be prepared to try his
cases when called, or else the wheels of justice
would be clOgged.
II suppose the counsel is no way responsible for
this" said Judge Brady, smihng "He cannot help
II thank you for the compliment" answered Mr..
Howe, blushing. But one thing Is very certain
do not wish to clog the wheels OF Justice"
Mr.. Lyons SAID he would like 1t agured upon that
Mr.. Howe be In readiness after next Monday to
proceed with the trial OF all the rest OF his cases.
Mr.. Howe suggested that sufficient unto the day
was the evil thereof but, after this quick-witted
suggestion, assured the Court that alter the Heggi
case was finished he would be ready to proceed at
once with the trial OF any and every case the Dis
trict Attorney might see fit to place on the caen-
dar.
Judge Brady granted the application OF Mr.. Howe,
and ordered the trial OF Nixon to be set down for
next Monday.
The Case OF Thomas Goodstefn.
Thomas Goodstein was next called mp for trial.
The charge against him is burglary. larceny and
receiving stolen goods
Colonel Spencer said that he appeared for Mr..
Howe, who was Goodstein's counsel, ana he
claimed that the prisoner, having already been ar
raigned in the Court of General Sessions and
pleaded there, could not be tried in this Court.
Judge Brady everruled this OBJ ectiOn, md asked
III the witnesses present Court.
Colonel Spencer said that he could not give any
information on this subject.
"pernsps Mr.: hummei" added !noee Brady,
lawyers present, "may know something about It,"
II know very little about the Witnesses" quietly
bondsman was not notified until late last Sat
urday night. and as he Is juror he could not very
well attend here"
After some further remarks the case was set
down peremptorily for tomorrow.
Miscellaneous Cases.
The cases of Charles Carson and John Brown, for
burglary and John McCauley, for larceny. were
next called. They had each employed Mr.. Howe
as counsel, and Mr. Hummel asked the postpone
ment OF their trials till wednesday, " hich was
granted.
week ago last Saturday afternoon Mrs. Clarke,
. boarder at the Albemare Hotel, was walk.
Forty seventh Street, when youth came up
suddenly behind her, threw one arm around her
So one Snns asf to ne and o
and then ran away. Fortunately, through her
cries Of ".stop thefl"n the culprit was arrested.
was called up to plead to the charge. He plead
guilty and when asked how old he was said
Twenty" He had nothing else to say.
Mr.. Justice Brady In sentencing him said that he
understood he was q thoroughly bad boy, and he
should had he stood trial, have sentenced him to
to years at haT% asor in State Prson
warning to all Of his class.