The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-13


taph on the headstone OF child day and q half
old:-
Iwondcr what was begun tor.
Judge DAILY then told the jury that they might
consider this his charge In the case.
COURT OF GENERAL SESSIONS.
. DISCHARGED By THE GRAND JURY.
In the Court of General Sessions, before Recorder
Hackett, this morning, Mr.. A. Oakley Hall callea
attention to the fact that he understood the COM
plant made by ME-. Bergh against Henry G. Bab-
cock was discharged by the Grand Jury, and he
(Mr. Hall having received an inrmatlon that the
prosecution would take another shape, he moved
tered upon the minutes OF the Court.
HIS Honor said that such an order was made
when the complaint was dismissed by the Grand
Jury.
THE ADAMS EXPRESS ROBBERY.
Mr.. Hall then moved that the bail fixed by the
magistrate in the sum OF $4,000 upon an indict-
ment against Joseph Enrich tor receiving stolen
money be reduced to ST. 500. 1t is charged that
god and Ind large
longing to the Adams Express Company. The
counsel claimed that the bail was excessive. and
statement OF the thicf who stole the money. As
sistant District Attorney Russell opposed the mo-
tiOn stating to the Court that he mad proof to
roborate the alleged thief and in addition to that
there were q large number OF old indictments
against Enrich. MI. Hall replied that ne pre-.
dtcted when the case came to trial the evidence
against his client would be so weak mat the Dis
trlct Attorney would abandon the prosecution.
The Recorder took the Papers and reserved his
decision.
THE METROPOLITAN THEATRE CASE
The trial Of Martin Campbell, who is jointly in
dlcted with three or four men and about twenty
"y0ung lades'' lOr the technical offence OF "keep-
ing disorderly housev or. in other WORDS the
performance or what is known IS the "CdncGn'
at the Metropolitan Theatre, was commenced yes
terday. 1t ls claimed that Campbell is the pro-
prietOr. Captain Mcdonnell was the chief witness
called by Assistant District Att orney Nolan. He
gave minute description of the performance OF
At the conclusion OF the Captains testimony Mr..
Howe moved for the discharge OF the female tic.
iendants, numb ring eighteen, on the ground that
HIS Honor granted the motion and release d
ro s s
Alter the recess the trial OF Martin Campbell was
resumed. Officers Muliigan, Murphy aud Halen.
VINO were present during the performance OF the
CGnca7, described the indecent exhibitions OF the
dancers and recited the gross remarks Of actors
and some OF the boys in the audience.
When the Assistant District Attorney closed his
case Mr.. Howe moved for The discharge OF the de-
lendant on the ground that the evidence Jailed to
The Recorder declined to accede to the PROPOSE
ton OF the counsel, and sald he would leave II Tor
Jle jury to say whether the performance In ques-
ton was an outrage upon public decency or not
Mr. Howe then proceeded to open the case for the
defence, and in the course oil his address to the
jury said that the alleged indecent and immoral
performance was not any more 50 than the "sack
Booths Theatre. The counsel said he Would call
Nellie Young and other ladies' as witnesses, aud he
felt satisfied that when they gave their evidence
the prosecuting officer would not ask Tor con-
victisn OF the defendant. At the close o! Mr..
we're, Vincent, Manning and Rorke-werc placed
at the bar and discnar9eo upon their verbal rec
Ognlzances tnat they would appear on Monday,
When the case will be concluded
ENfENr
Adolph Bannin pleaded guilty to the crime of
embezzlement IN having on the 10th OF Januaf,
appropriated to his own use a check for $45, which
he received IRON MIS-. BerinGer In payment Tor q
bill Tor meat due to Isaac Meyer, the employer oil
the prisoner. Bannn was sent TO the state Prison
Tor three years and SIX months.
FORGERY.
Charles F. Stearns, alias Frank W. rockingham,
against wnom were three Indictments, pleaded
guilty to one for forgery in the third degree,
charging him with forging, on the 10th OF Decem-
Der, caeck upon tae Westchester County Bank
for $780, 1t was made payable to the order OF E.
r. Hall and purported to be signed Dy ID. F. Clapp.
Seatenc was deferred.
BURGLARIEs AND LARCENHs.
A plea OF guilty was accepted from John B. Poy,
who was charged with stealing trunk contain
ing wearing apparel, valued at 500, the property
OF John F. Caspers.
Thomas Bracken pleaded guilty to an attempt
at burglary in che third degree, the allegation
being mat on the an OF tais month the prisoner
SIS West thirty eighth street.
Henry HAYNES, who was indicted for bur.
glarlously entering the liquor store OF Henry
kneL, No. 239 william street. on he 9th inst, and
stealing IS in copper coin, pleaded guilty to an
attempt at burglary in the third degree. lie was
sent to the PenitentlarJ Tor two years and six
months.
PETIT LARCENY.
Joseph Bass charged with stealing Two watches,
valued at $50, the property OF Thomas Teagn,
pleaded guilty to petit larceny, and was sent 10
the Peniteniiary Tor SIX months.
BOY BURGLARS.
James Robinson and Albert Regain (boys)
pleaded guilty to breaking into the store house OF
James NJ Titus No As Morton street. on the 3Oth
or March last and Stealing $50 worth OF tools.
They were sent 10 the Catholic Protectory.
TOMBS POLICE COURT.
Before Judge Kiloreth.
MASKED ROBBERS.
About eight O'Clock on Thursday evening three
thieves, all masked, entered the room OF samuel
Burrow, at the Franklin House, and seizng Mr..
burrow robbed him of 500 In money. They then
made their escape, but one OF the supposed rob-
pers was subsequently arrested by 0f1cer
O'Conner, OF the sixth precinct. He gave his
name as Daniel Tuliord, Justice kilbreth held
him for examination.
At an early hour yesterday morning three
boys, named Henry Smith, Jonn McGinnes and
Frederick Studer, were arrested IN the act OF
breaking into the premises Of Edward Seibert,
at No. 136 Elm street. Tney had large quantity
OF the most approved burglars tools IN their pos
session, and when brought to Court they stated
their only regret was they had not succeeded in
Dre aking into the place. They were held in 900
bail each to answer.
JEFFERSON MARKET POLICE COURT.
Before Judge Kasmre.
DEFINING THE RIGHTS OF MIR. BERGH's OFF,
GERS
On the 21st day OF November, 1874, Timothy
Kelly, an oGcer Of the Society for the Prevention
OF Cruelty to Animals, arrested Joseph Bailey,