The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-24
COURT Of GENERAL sssa,s;.
Before Recorder Hackctt.

! Before Recorder Hackett.
o"0rtv alter the opening OF the Court yesterday
John oonnors. an ex-policemsn, was placed at the
bar. IL appears that on the 2lst OF May, 1869, he
was tried In this Court for committing an assault
upon woman named Nellie King. and that during
the trial he walked out OF court, and did not re-
turn. A verdict OF guilty was rendered and bench
warrant was issued for his arrest, which was &C.
compiished few days since. The Recorder sent
him to the Penitentiary for six months.
John smith, alias John McGann, who was charged
with staobing George B. Hall In the left arm with
knife, the 18th inst, pleaded guilty to an assault
with dangerous weapon with intent to do bodily
harm, and Was sent to the Penitentiary Tor three
years.
James Hughes who was Jointly indicted with
John RegaD was convicted OF grand larceny On
the 18TH OF this month the prisoner ana four COM
panions went into the office OF Henry Horstman
Ills money Regain snatcned 500 In greenbacks and
was captured with the money in his possession
Hughes was sent to the State Prison for two years
and six months. the same sentence which was i'm
posod upon Regan, VINO pleaded guilty to an at
George Tyson was tried and convicted OF as
saulting Anna Block, 655 West Ffty-fourth street,
on the 18th OF March. Assistant District Attorney
other indictments against the boy one Tor assault
and battery and another Tor carrying concealed
weapons,
Acquittals.
John Rogers, boy, was tried upon a charge Of
robbery in the first degree. The complainant, Will
liam Coote, alleged that while walking along the
street with companion he was struck by an I'M
known man and at the same time Rogers put his
hand ln'his pocket and stole So. The evidence OF
the prosecuting witness waSentrely different from
what he swore to before the magistrate, and as he
was c0ntradicted IN important particulars by dis
interested witnesses. the jury rendered verdict
Of not guilty, without leaving their seats.
Michael Delmage was tried and acquitted OF o
charge OF assault and battery, which was preferred
by Jacob Posnar, OF 1858 Third avenue, who swore
that on the eth OF July Delmage struck him on the
nose with some sharp instrument
s'Genernl" Grccnthal To BE Tried
Again.
Yesterday afternoon His Honor City Judge
sutherland filed, with the Clerk OF the Court.
an elaborate opinion In the case OF The People
vs.. Abraham Greentnal. 1t will be remembered
that last month Mr. A. Oakley Hail. In an ex-
tended argument, claimed that the accused
having been once put in jeopardy by previous
trial and conviction, having actually commenced
his term of Imprisonment in the State Prison,
could not be retired upon the same indictment.
The City Judge discusses all the questions raised
upon the argument and concludes thus Through
1t is impossible for me in view Of controlling re-
ported decisions and precedents to de-
eide rs matter Of law that the prisoner
cannot be tried again on the indictment,
yet as the prisoners former formal trial and
conviction and sentence appears to have taken
place not only without fraud on his part but
against his protest. 1t Is to be presumed II on his
second trial he should be convicted that the most
evident principle oil natural justice would induce
the Court in passing sentence on his conviction to
take into consideration the time OF his actual i'm
prlsOnment under the reversed judgment There
must be Judgment for the people on the demurrer,
with permission for the prisoner to renew his plea
OF not guilty.