The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-28

Brown rs. scott.-Dsmissed, with costs, and &c.
costs vi this motion.
Tompkins VS.. See.-Motion denied.
MFks w. Smith.-judvment Tor piaintln by de-
lanit for s5o6. with interest, and SO allowance.
Janet vs.. Lucca-Motion denied, with $40 costs
COURT Of GENERAL SESSIONS.
Trial of Mary Connolly for . Cruel
Assault Upon .sLittle Euen"-She Is
Convicted OF Assault and Battery and
Sent to the Penitentiary for One Year.
Before Recorder Hackett.
The only case disposed OF by the jury in this
Court yesterday was an indictment against Mary
Connolly for u eloniOus assault uoon Mary Ellen
Wilson, q little child. at her apartments, No. 315
West FOrty-1rsr street, which Is q rear tenement
house. II will be remembered that a lengthy in
vestgaton was had this month before Judge Law
renee in the Supreme Court, Chambers as to the
future custody OF the child, who was treated I'M
kindly and cruelty by Mrs. Connolly. The
testimony taken then appeared in full
in the HERALD, and as the evidence
given by the witnesses upon the trial of the de-
iendant is substantially the same only its salient
points need be recapituated now. When the
woman was arraigned last week upon the Indlct-
ment the Recorder assigned Messrs. Howe and
Hummeli to defend her. There were two indlct-
ments Ound by the Grand Jury against Mary Con-
molly and the specific charge upon which she was
tried was that on the nth OF April she stabbed
Mary Ellen Wilson in the forehead with pair OF
SCISSORS. To sustain the allegation District At
torney Rollins first called the little girl who was
tastelully dressed and look ed more like the petted
daughter of wealthy parents than a tenement
house "wai." 1t was with extreme difficulty that
MIR. Rollins succeeded In getting her to answer the
questions proDounded. but The main facts were
finally elected IRON her-that on some day while
,
the forehead with pair OF scissors, and on other
occasions she beat her with a cowhide. Mr.. Howe
objected TO the admission OF evidence as to acts
other than the one men toned in the Indictment.
MIR. Rollins claimed that he mad a right to intro
rebut a theory which the counsel might possibly
set up taat the cut with the scissors was acci-
dental. Mrs; Webb, who taxes charge Of lost
children who ale brought TO the Police
Headquarters, stated that when the little
girl was received by her she was extremely
filthy. bare-looted and thinly dressed; that there
was deep scratch on her head and she had
five bruises on her body In the region OF the
hip. Officer McDougal, to whom was entrusted
was accompanied by Mr.. Evans, an officer con-
nected with Mr.. Berghs Society Tor the Prevention
OF Cruelty to Animals, and that they took her
away from the top floor OF this tenement house to
the headquarters OF the police, and returned tor
posed was there hut they could not lind it. Mrs.
Wheeler lady who was engaged IN dispensing
visited the tenement house In which the prisoner
resided frequently during the months oil December,
January and February. lor the purpose Of minis
terlng to sick woman who occupied room
next to Mrs. Connolly; that upon the first
visit to Mrs. Connolly'S apartments the little girl
was wasning dishes hes, and upon me table near BY
leather compactly twisted together, large at one
end and tapering at the other. The witness asked
Mrs. Connolly II she would permit the child to oc-
casionally give drink Of water to the woman
next door but she gave no definite reply except
for by her husband. Mrs. Wheeler went there
again. and noticed the whip near q chair upon
which the little girl was seated sewing and on
TINS and the previous visit perceived that the
child was very shy and nervous and would hardly
notice her.
MIR. Howe did not call any witnesses but pro-
ceeded to sum up the evidence, claiming that the
jury could not properly convict OF higher offence
Alter brief and forci6le address by MIR. Rollins,
who argued That the accused should be convicted
OF an assault with intent to do bodily harm, the
law and the verdicts which they might render &C.
cording 10 the view they might take OF the testi-
suitaton, rendered q verdict OF guilty OF assault
and battery.n His Honor In passing sentence, said
the prisoner was guilty or brutal treatment to
the child; that If the jury had rendered ver-
dict Of q higher grade OF assault be would have
an example to others as punishment lOr her brutal
conduct. He sentenced ner to the penltentiary
for one year.
Nelson Ladue pleaded guilty to an attempt at
burglary in the third degree, the charge being that
on the 18th inst he broke into the liquor store Of
James McCooey, No. 254 Front street, and stole So
worth of cigars.
Charles Newhart and John Manley also rendered
o similar plea, the indictment alleging that on the
4th OF April the prisoners and others broke into
the restaurant of William Thoden, No. SO Clinton
street, ana stole canary birds and other property
worth 500. These PRISONERS were each seut to
the state Prison for two years and six months.
Thomas Collins, julius Beard, Alfred Ferris and
Charles Smith pleaded guilty to an attempt at bur-
Rlary In the third degree, the charge being that
the "a inst they burgariousy entered the store of
stole seventeen pieces Of silk, worth 1900. the
prisoners were sent to the State Prison Tor two
years.
Nicholas Harvey, q boy charged with entering
the premises OF John P. Freshman, No. 105 st.
Marks place, on the 7th inst, and stealing wear
ing apparel, pleaded guilty. He was sent to the
House of Refuge.
John Carroll pleaded guilty to assaulting Otto
Laenger with stone, and was sent to the Peni-
Tertiary for three months, Andrew Paulson was
convicted OF assaulting Daniel Gates, on the 18th
inst. on board the White Adda and sent to the
Penitentary for one year.
ToMBS POLICE COURT.
Before Judge Morgan.
Burglary Frustrated.
Between ten and eleven O'Clock on Sunday
night August Schultz. clerk In the employ of An
drew w. Ketchum, No. 255 Canal street, and VINO
sleeps in the store heard peculiar noise in the
basement He at once suspected that there were
burglars the premises, and running to the front
door, he fired OF three Shots from his revolver to
attract the attention Of the police. Roundsman