The New York herald., 1873-07-09
COURT OF GENERAL SESSIONS.
Before Judge Sutherland.
An Arson Case-MOtion TO Discharge the
Accused.

An Arson Case-Motion TO Discharge the
Accused.
At the opening OF the Court yesterday MIR. John
o. Mott, coun sci for Anthony o. Jones, indicted or
arson In the first degree, made a motion lor his
discharge. Tue counsel stated that the accused
was tried In April, 1872 and convicted Of an attempt
to commit arson In the third degree and sentenced
to the state Prison for three years and six months
writ OF error vas procured aud the General Term
ann med the conviction, which, however, was re-
versed oy the Court Of Appeals. The defendant
had been detained for some months In the TOnDs
without being tried. Mr.. Mott contended in aa
able argument and cited numerous authorities to
Show That Jones could not be convicted OF an
attempt to de lraud the insurance company named
In the lndlctment-that being the only question in
the case -inasmuch as the property was not in
rive any benefit from Its destruction.
The Judge took the points and reserved his de-
cislon.
There was large calendar OF prison cases, and
before the Court adjourned District Attorney ROl-
Inns and the Judge disposed OF fifteen prisoners in
cluding those who were iscnarged for want OF
evidence to hold them. 1t Is supposed that II such
large number Of prisoners are tried each day the
term VIII end IN week.
BurSiarics and Larcenics.
Patrick Hallck pleaded guilty to burglary in the
glariously entered the store Of Charles II. Phelps.
100 West Thirty ninth street. on the night Of the
l0tn OF May, 1872 and stealing 500 worth OF silver
ware.
George H. Nelson pleaded guilty to the same
grade of burglary, the charge against him being
that on the night OF the 26th OF June he obtained
an entrance INTO the apartments of Michael Car
roll Al Baxter street. and stole $500 worth OF
jewery.
Hallick and Nelson were each sent to the State
Prison Or five years
Thomas Friary, who on the afternoon OF the 9th
Of June entered the dwelling house OF Name Ping
stag. Il bayard street. and stole $40 worth OF jew
cry pleaded guilty to burglary IN the third degree
and SIX months.
Henry Hayes pleaded guilty to an attempt at
the 3Oth Of June the prisoner entered the apart
ments OF Catherine Goldstein, 1858 Seventh avenue,
Charles +. Bintz pleaded guilty rt to petty larceny
from the person, having stolen on the 3ot6 Of June
silver watch from Marshall D.. Gardner.
Joseph Muller was convicted of an attempt to
burglarlously enter the jewelry store OF Fernando
e. Gleason 2346 Third avenue, on the nth OF June.
His confederate was also arrested by the officer,
who narrowly escaped being murdered, for he was
struck on the head with large IRON 'Jlmmy."
These prisoners were each sent TO the State
Prison Tor two years and SIX months.
David Bowen, charged with stealing pawn
ticket, representing god watch and cham, owned
by Richard Il. Benton, pleaded guilty to an attempt
at grand larceny He was sentenced to the state
Prison i0r two years.
mary W.llaGe who on the l7th , OF June b. stole
pute, pleaded guilty to an attempt. state Prison
ior one year was the sentence imposed by the
John Moriarty, who, on the oath Of May, cut VIII
liam Hank IN the head VITA small kniie, was con-
victed Of assault aud battery, and sent the
Penitentlary iOr eight months
James M0rrissey pleaded guilty to petty larceny,
the allegation beng that on the ID OF Aprn he
stole 800 worth OF brass cocks the property OF
Carroll h Harmon.
similar plea was accepted from John McGraw,
who was indicted for stealing o canvas cover,
worth $50, the property OF William Cochrane.
These prisoners were each sent to the Penten-
tiary .Or six months.
Peter Murphy charged with burglariously enter
ing the restaurant vi Frank Winter. No. Murray
street. and stealing $40 worth of property, pleaded
guilty TO petty larceny. The prisoner being under
sixteen years OF age, was sent to the House Of
Refuge.
Acquittals.
John Laden was tried and acquitted OF o charge
OF stealing silver watch from william Brown on
the 10th Of June. Mr.. Hummel, who defended
Laden, claimed there was no evidence to h old the
defendant, and the Judge said It would be unsafe
TO convict.
William Zahlmann was also tried by jury
charged with striking Thomas O'Brien upon the
head with a slungshOt on the night OF the I'D of
June. The jury rendered a verdict Of mot guilty."
which was 80 strange q Judgment upon the evi-
dence that the Judge was compelled to remark
that It was the most extraordinary verdict he
heard.