The New York herald., 1876-03-25
COURT OF GENERAL SESSIONS.
Before Recorder nacketl.

IMPORTANT DECISION IN CRIMINAL LAW.
AT the November Term of the Court OF General ses-
sons Recorder Hackett sentenced to FIVE years i'm
prisonment in State Prison a man named James
Kelly, who convicted Of having obtained $50 from
negro sailor from Florida by lending the unsuspect-
ing colored man. security five pieces of brass made
in imitation OF twenty dollar gold pieces William +.
KNITTING counsel for the accused moved 10 quash the
indictment on the ground that the prisoner could not,
on the evidence be convicted of grand larceny which
was the offence charged He claimed that the offence
obtaining money. by false pretenccs The Re-
corder however decided that tho offence properly
designated in the indictment and sentenced the prs-
Counsel for the latter took the case before
the January Term Of the Supreme Court, and
that tribunal ordered new trial The opinion
written by Judge Daniels, and the
following extract from 1t covers the main pont-one
that has been much mooted :-"When the possession
nlous design while the title Of the owner remains
unchanged, q OF larceny will be made out But II
the owner is deceived into the surrender Of the title as
well as the possession OF the property by means OF
fraudulent representations, then the offence will not
be one OF larceny but OF false prctences" The prs
arraigned before Recorder Hacket yesterday,
and. -the complainant having left tho city, was dis
amount he obtained from his victim was but $50 and
that the darky, with the vanity OF his race wished TO
make himself appear richer by increasing the amount
GRITTY GIRL.
Mary Logan, servant employed by julius Lormee
who keeps boarding house at No 227 East Twelfth
street, went the afternoon OF February % into
room on the fourth floor in the performance OF her
duties and found there with black mask cover
Ing the upper half of his face dragging bundle of
clothing the hall toward another room from
which scutle led to the roof Thinking the man was
a Mr.. Piard who occupied the room, and who was in
the habit OF attending masked balls the girl spoke to
him. After minute or two the fellow who continued
to drag the bundle replied and the girl discovered
that he was stranger She called out to him to let
go the property and grasped him by the arm, when
tho burglar-for such he was-threatened TO kill her
II she did not release him. The girl called TO alarm
the persons in the house and attempted 10 make
her way down stairs, but followed by the stranger
and dragged back by the hair 10 the landing where he
said If she called out again he would shoot Moth
ing daunted the pucky girl declared that she would
protect the property Lett in her charge she
TO be shot in doing so. The burglar who had by this
time procured razor attempted to cut her throat but
succeeded only In nnictng slight wound upon her
wrist She then made her way down stairs and alarmed
the inmates OF the house Upon returning TO the
Of the struggle In their company the scutte found
open and the thief had own leaving his booty behind
The affair was reported TO the police and Special Of
hccrs Robinson and Sullivan of the Seventeenth pre-
cnct subsequently arrested from the description of
the burglar gwen by Mary Logan, a youth named
Thomas Gallagher, OF No. 435 East Twelfth
street upon suspicion; He was taken before
as she recognized him by his chin and height
She said however, that when the burglary was COM
mitted he wore brown coat with white spots The
prisoner was confined IN the rombs and the officers
searched his room, where coat answering to that de-
sCriDcu Dy tue glTl was 1Ounu. Inc youth was held
upon this evidence, and, being indicted by the Grand
Jury, arraigned for trial before Recorder Hacket
yesterday, Assistant District Attorney Russell prose
cutting The girl sw4e TO the circumstances OF her
struggle with the burglar and declared that although
he wore a mask, She, by voice and general APP
pcarance, ideptfed the prisoner. Counsellor Peter
Mitchell, on behalf OF the accused called number of
witnesses who swore that Gallagher in his mothers
house during the whole of tho afternoon Of the burg
larry, others that he had never worn the
coat which found in his room, that 1t was the
property OF his father.
The jury acquitted the prisoner after brief delibcra
tion,
MRS. FoBDs DRESSES.
Margaret Murphy, servant girl, was charged by
Mrs Sarah Ford OF NO. 2S wavrricy place with hav-
ing stolen quantity OF clothing and jewelry 1t ap-
pcared that two trunks which had been nlled with
clothing found broken open and the contents re-
moved after Margaret left the of the complain.
ant Detectives went to the house Of Mrs Gage in
Forty fourth street, friend of Mrs Ford whose en-
poymcnt Margaret had then entered and in her pos
session were found two dresses which had been as al
legged contained in the trunk Margaret explained her
possession OF the dresses by stating that Mrs Ford
In debt TO her for services and that she had given
her the dresses part payment while still in her
ployment The girl told such straightforward story
that the jury acquitted her at once.
PETTY PLEAS.
The Recorder sent to State Prison for two years and
half Joseph Lyder broke into the liquor store of
William Dixie No. ITO West street. the night OF Feb
ruary TO- and to the Penitenary for one year James
Conroy, OF Nc 245 East ll4th street. who broke nto
the apartments OF Thomas O'Neil No 5a5 West
Twenty seventh street. and cut him in the back with
razor
Henry and Alexander Styles brothers, and William
alias Alexander Anderson all coored walters pleaded
guilty TO petit larceny In having stolen bedclohng
from the New Jersey Steamship Company and were
son Penitaniarv pach