The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-10-15

twenty days TO permit him TO apply at Special
Term FOR the proper relief
Marks Russell for the plaintiff, William II.
Towney for the defendant
COURT OF GENERAL SESSIONS
Murdered for Two Cents-sentenced to
tho State Prison for Life.
Before Recorder Hackett
At the opening OF the Court yesterday District
Attorney Rollins called Joseph vaccarl to the bar
aud said III your Honor please: The prisoner is
indicted Tor murder in the first degree. Under the
existing provisions OF the law In relation to the
crime of murder, 1t being divided into two degrees
II Is incumbent upon the prosecution, in order to
produce evidence SUFFICIENT to convict one OF
murder in the first degree, TO prove delibera-
ton and premeditaton. The circumstances
connected with this case are these:-rhe
prisoner and countryman Of his disputed about
whether the prisoner owed the deceased two
cents or four cents. That was the sole cause OF
the dispute which arose between them This was
followed by blows. do not know that the wit
ncsses can state positively which one struck the
rst blow eu. me blows were not very severe
the prisoner took knife from his pocket and
struck the deceased with II and thereby caused
his death. He died almost Immediately. There
was no SUFFICIENT provocat1on for using any
weapon under those circumstances, and therefore
the kiiing was unustlfabie am clearly OF OPINION
that any fair minded jury would say tnat was
murder. while am also OF the opinion that they
would not cali 1t a case OF deliberate, premeditated
murder. The definition OF murder in the second
degree is 'Intentional killing, not premeditated"
For that reason / think VIII be doing my duty
when accept plea Oh murder IN the second
degree; u.o.o.t noeo ~. rr,oor a. sroov Emo
Mr.. William r. Howe-No sir; but alter long
interview with him through the medium CT the IN
terpreser, and finding that this unfortunate
he was alone with the friends OF the
deceased. who naturally. It may be sur.
this mail do not mean to say that they would
wiiuly commit perjury, but they would certainly
lean toward the deceased-fnding that he was
alone and cleaning from the testimony that some
time elapsed between the first quarrel and the
striking o. the bow offered the District Attorney
this plea which he accepted.
the Recorder-The sentence OF the Court is that
he be confined 10 the state Prison at hard labor
for the period OF his natural life.
The Indictment charged that on the Sd OF July ne
stabbed vlcenzo Biancanano with q knife at No.
SO Mulberry street.
An Ex-Convicted Murderer Sentenced for
q Felontous Assault.
John Purcell was tried upon an indictment
charging him with committing felonious assault
upon Henrietta Maxwell, who swore that on the
evening Of the 21st of September, while she was
going through Ridge street, the prisoner addressed
an improper remark to her and followed her into
the hallway OF her house and inflicted several cuts
upon her hands and arm, threatening to Kill her.
The accused tesClfed in his own behalf and said
that the trouble arose from his refusing TO give
her a banana; that she then threw beer on him,
WHICH she ndu III. b glass pitcher, CHdL lie ulu
strike her, but used no knife. and accounted for
the cuts by saying that the ptcher was broken in
the scuille Purcell admitted that he was convicted
OF murder IN the first degree the 2Sth OF Febru-
airy, 1870, ana sentenced TO be hung new trial
was obtained and he pleaded guilty to man
slaughter In the third degree, and served two
years In the state Prison.
The jury rendered verdict or guilty OF an as
sault with dangerous weapon, with Intent to do
bvdily harm.
The Recorder in passing sentence, said that he
had tried great many murder cases and tnat tie
a ha
whom he had formerly sentenced to be executed
The supreme Court In reviewing the case, acted
sufficient TO warrant the convection, no exception
having been taken upon the rulings OF the Re-
Court OF Appeals they unanimously decided d that
tile conviction was legal, but questioned whether
they had tine power TO reverse the action OF the
Cou1l below IN case OF that kind. His Honor
said the assault of which he had been convicted
now was brutal and cowardly, and sentenced him
to the State Prison tor Ave years.
Burg Iaries and Larcenies.
William Hamlin was tried and found guilty Of
burglariously entering the saloon OF Theodore
Bobend No. 1l3 Thirteenth street, on the night OF
the I'd or this month. An officer saw the prisoner
go through the fan light, and when he was ar
rested he threw away a burglars implement.
Hamin had the audacity TO go on the stand and
swear that the oficer was mistaken.
Henry Weng, youth, was convicted of petit
larceny in stealing watch chain from the person
OF Leopold Berger, on the 2sth of September. A
number OF young men were sworn in behalf OF the
prisoner, who said that Weng was with them at
the Bowery Theatre at the hour wnen the com.
planant swore the prisoner took his watch chain.
He was not arrested TIL two Gays afterwards.
The jury did not believe Mr.. Weller's defence-the
alib-and His Honor punlshed Weng severely
Christian +. Jacobs, charged with stealing on
the 7th OF September piece OF cashmere cloth
an attempt at grand larceny. Frank schroeder,
VINO on the 2lst OF september stole sle from the
person of Patrick Farrell pleaded guilty to an
attempt joan Mcdonald pleaded guilty to an at
tempt at grand larceny, the allegation being that
on the 18th Of September he stole $50 from Theo-
dore Weeks while he was walking In the Bowery.
John J. Mullen. who was jointly indicted with
Mary Leonard, pleaded guilty TO an attempt to
steal . pocketbook containing si2 from the person
OF Mary Buley In Catharine street the 6tn OF sep
TENDER. The woman, Leonard, pleaded guilty also
and was remanded. A like plea was taken from
Louisa Wilson, VINO on the 14th OF september stole
q silver watch worth $40 from John Menz.
Francis Teevins charged with burgariously en-.
McComb's avenue ana l3stn street, on the 10th Of
september, and stealing s3s worth OF property,
pleaded guilty to an attempt at burglary In the
| third degree. similar plea was accepted from
John Griffin, VINO was indicted for burglariousy
entering the lager beer saloon OF Moses Sands, lS4
Canal street, ana stealing SO in fractional cur
| rency.
John Dorsey, indicted for stealing on the "a
property OF George Ready, pleaded guilty TO an
attempt at grand larceny.
yicted OF stealing IRON man named Haley on the
night OF the 30th or september, 500 in money and
! silver watch
The above named prisoners were each sent to
/ the state Prison for two years and six months.
William Mccarthy, who was jointly charged with
the women Sweeny and Dononue in acting With
them In the preparation OF the crime, was found
guilty He was sent to the State Prison for three
| years and six months
Charles Lankln, a boy, charged with breaking
| into the building occupied by the New YORK
Athletic Cup and stealing quantity Of clothing
| on the "a oil september, pleaded guilty TO an pt-
tempt at grand larceny. There we're three OIL Ter
charges against him, and he was remanded Tor
/ sentence.
Anna Weber, charged with stealing, on the 14tn
| OF August, woman,s wearing apparel valued at
petit larceny. She was sent TO the Penltentiary
! Tor six months.
JEFFERSON MARKET POLICE COURT